IB

House Calendar No. 161

107TH CONGRESS

2D SESSION H. R. 2068

[Report No. 107–479]

To revise, codify, and enact without substantive change certain general and

permanent laws, related to public buildings, property, and works, as

title 40, United States Code, ‘‘Public Buildings, Property, and Works’’.

IN THE HOUSE OF REPRESENTATIVES

JUNE 6, 2001

Mr. SENSENBRENNER introduced the following bill; which was referred to the

Committee on the Judiciary

MAY 20, 2002

Additional sponsor: Mr. CONYERS

MAY 20, 2002

Reported with an amendment, referred to the House Calendar, and ordered

to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 6, 2001]

A BILL

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

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

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

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

2 Certain general and permanent laws of the United States, related to public

3 buildings, property, and works, are revised, codified, and enacted as title 40,

4 United States Code, ‘‘Public Buildings, Property, and Works’’, as follows:

5 TITLE 40—PUBLIC BUILDINGS,

6 PROPERTY, AND WORKS

SUBTITLE Sec.

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

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

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

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

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

7 SUBTITLE I—FEDERAL PROPERTY AND

8 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

9 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.

10 SUBCHAPTER I—PURPOSE AND DEFINITIONS

11 § 101. Purpose

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

13 economical and efficient system for the following activities:

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

15 performing related functions including contracting, inspection, storage,

16 issue, setting specifications, identification and classification, transpor17 tation and traffic management, establishment of pools or systems for

18 transportation of Government personnel and property by motor vehicle

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

20 and converting, establishment of inventory levels, establishment of forms
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1 and procedures, and representation before federal and state regulatory

2 bodies.

3 (2) Using available property.

4 (3) Disposing of surplus property.

5 (4) Records management.

6 § 102. Definitions

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

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

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

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

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

12 preserving, protecting, insuring, packing, storing, handling, con13 serving, and transporting excess and surplus property; and

14 (B) rendering innocuous, or destroying, property that is dan15 gerous to public health or safety.

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

17 means—

18 (A) property, in excess of amounts needed to complete full per19 formance, that is acquired by and in possession of a contractor or

20 subcontractor under a contract pursuant to which title is vested in

21 the Federal Government; and

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

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

24 specifications or plans under the contract, or as a result of termi25 nation of the contract (or a subcontract), prior to completion of the

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

27 (3) EXCESS PROPERTY.—The term ‘‘excess property’’ means property

28 under the control of a federal agency that the head of the agency deter29 mines is not required to meet the agency’s needs or responsibilities.

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

31 (A) an executive department or independent establishment in the

32 executive branch of the Government; and

33 (B) a wholly owned Government corporation.

34 (5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an executive

35 agency or an establishment in the legislative or judicial branch of the

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

37 Architect of the Capitol, and any activities under the direction of the Ar38 chitect of the Capitol).

39 (6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess property’’

40 means excess property that is not located in the States of the United

41 States, the District of Columbia, Puerto Rico, American Samoa, Guam,
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1 the Northern Mariana Islands, the Federated States of Micronesia, the

2 Marshall Islands, Palau, and the Virgin Islands.

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

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

5 principally for highway transportation of property or passengers,

6 excluding—

7 (A) a vehicle designed or used for military field training, combat,

8 or tactical purposes, or used principally within the confines of a

9 regularly established military post, camp, or depot; and

10 (B) a vehicle regularly used by an agency to perform investiga11 tive, law enforcement, or intelligence duties, if the head of the agen12 cy determines that exclusive control of the vehicle is essential for ef13 fective performance of duties.

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

15 contractual services designated by the Administrator of General Services,

16 other than personal and professional services.

17 (9) PROPERTY.—The term ‘‘property’’ means any interest in property

18 except—

19 (A)(i) the public domain;

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

21 park purposes;

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

23 from the public domain which the Secretary of the Interior deter24 mines are suitable for disposition under the public land mining and

25 mineral leasing laws; and

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

27 land or portions of land so withdrawn or reserved which the Sec28 retary, with the concurrence of the Administrator, determines are

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

30 the general public land laws because the lands are substantially

31 changed in character by improvements or otherwise;

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

33 destroyers, or submarines; and

34 (C) records of the Government.

35 (10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means excess

36 property that the Administrator determines is not required to meet the

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

2 § 111. Application to Federal Property and Administrative

3 Services Act of 1949

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

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

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

7 (1) Section 101 of this title.

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

9 (3) Section 113 of this title.

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

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

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

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

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

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

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

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

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

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

20 (14) Section 124 of this title.

21 (15) Section 126 of this title.

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

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

24 (18) Section 528 of this title.

25 (19) Section 541 of this title.

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

27 (21) Section 557 of this title.

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

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

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

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

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

33 § 112. Applicability of certain policies, procedures, and direc34 tives in effect on July 1, 1949

35 (a) IN GENERAL.—A policy, procedure, or directive described in subsection

36 (b) remains in effect until superseded or amended under this subtitle or other

37 appropriate authority.

38 (b) DESCRIPTION.—A policy, procedure, or directive referred to in sub39 section (a) is one that was in effect on July 1, 1949, and that was prescribed

40 by—
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1 (1) the Director of the Bureau of Federal Supply or the Secretary of

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

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

4 Property and Administrative Services Act of 1949;

5 (2) an officer of the Federal Government under authority of the Sur6 plus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority re7 lated to surplus property or foreign excess property;

8 (3) the Federal Works Administrator or the head of a constituent agen9 cy of the Federal Works Agency; or

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

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

12 Property and Administrative Services Act of 1949.

13 § 113. Limitations

14 (a) IN GENERAL.—Except as otherwise provided in this section, the author15 ity conferred by this subtitle is in addition to any other authority conferred

16 by law and is not subject to any inconsistent provision of law.

17 (b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT

18 POLICY ACT.—The authority conferred by this subtitle is subject to the Office

19 of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

20 (c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND

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

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

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

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

27 far as practicable, be made available to the Senate, the House of Representa28 tives, and the Architect of the Capitol on their request. If payment would be

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

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

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

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

34 agency receiving the payment.

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

36 authority of—

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

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

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

40 purposes of resale, price support, grants to farmers, stabilization, trans41 fer to foreign governments, or foreign aid, relief, or rehabilitation, but
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1 the agency carrying out the program shall, to the maximum extent prac2 ticable, consistent with the purposes of the program and the effective, effi3 cient conduct of agency business, coordinate its operations with the re4 quirements of this subtitle and with policies and regulations prescribed

5 under this subtitle;

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

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

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

9 located in occupied territories;

10 (5) the Secretary of Defense with respect to the administration of sec11 tion 2535 of title 10;

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

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

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

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

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

17 (8) the Secretary of Agriculture under—

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

19 1751 et seq.);

20 (B) the Farmers Home Administration Act of 1946 (ch. 964, 60

21 Stat. 1062);

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

23 respect to the exportation and domestic consumption of agricultural

24 products;

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

26 U.S.C. 1291); or

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

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

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

30 2001 et seq.), with respect to the acquisition or disposal of property;

31 (10) the Secretary of Housing and Urban Development or the Federal

32 Deposit Insurance Corporation (or an officer of the Corporation) with

33 respect to the disposal of—

34 (A) residential property; or

35 (B) other property—

36 (i) acquired or held as part of, or in connection with, resi37 dential property; or

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

39 loans, or savings association accounts under the National

40 Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit In41 surance Act (12 U.S.C. 1811 et seq.), or any other law;
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1 (11) the Tennessee Valley Authority with respect to nonpersonal serv2 ices, with respect to section 501(c) of this title, and with respect to prop3 erty acquired in connection with a program of processing, manufacture,

4 production, or force account construction, but the Authority shall, to the

5 maximum extent it considers practicable, consistent with the purposes of

6 its program and the effective, efficient conduct of its business, coordinate

7 its operations with the requirements of this subtitle and with policies

8 and regulations prescribed under this subtitle;

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

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

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

12 those terms are defined in section 47301 of title 49) for use as such prop13 erty;

14 (14) the United States Postal Service;

15 (15) the Maritime Administration with respect to the acquisition, pro16 curement, operation, maintenance, preservation, sale, lease, charter, con17 struction, reconstruction, or reconditioning (including outfitting and

18 equipping incidental to construction, reconstruction, or reconditioning)

19 of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware20 house, or other installation necessary or appropriate for carrying out a

21 program of the Administration authorized by law or nonadministrative

22 activities incidental to a program of the Administration authorized by

23 law, but the Administration shall, to the maximum extent it considers

24 practicable, consistent with the purposes of its programs and the effec25 tive, efficient conduct of its activities, coordinate its operations with the

26 requirements of this subtitle and with policies and regulations prescribed

27 under this subtitle;

28 (16) the Central Intelligence Agency;

29 (17) the Joint Committee on Printing, under title 44 or any other law;

30 (18) the Secretary of the Interior with respect to procurement for pro31 gram operations under the Bonneville Project Act of 1937 (16 U.S.C. 832

32 et seq.); or

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

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

35 SUBCHAPTER III—ADMINISTRATIVE AND GENERAL

36 § 121. Administrative

37 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre38 scribe policies and directives that the President considers necessary to carry

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

40 (b) ACCOUNTING PRINCIPLES AND STANDARDS.—
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1 (1) PRESCRIPTION.—The Comptroller General, after considering the

2 needs and requirements of executive agencies, shall prescribe principles

3 and standards of accounting for property.

4 (2) PROPERTY ACCOUNTING SYSTEMS.—The Comptroller General shall

5 cooperate with the Administrator of General Services and with executive

6 agencies in the development of property accounting systems and approve

7 the systems when they are adequate and in conformity with prescribed

8 principles and standards.

9 (3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen10 eral shall examine the property accounting systems established by execu11 tive agencies to determine the extent of compliance with prescribed prin12 ciples and standards and approved systems. The Comptroller General

13 shall report to Congress any failure to comply with the principles and

14 standards or to adequately account for property.

15 (c) REGULATIONS BY ADMINISTRATOR.—

16 (1) GENERAL AUTHORITY.—The Administrator may prescribe regula17 tions to carry out this subtitle.

18 (2) REQUIRED REGULATIONS AND ORDERS.—The Administrator shall

19 prescribe regulations that the Administrator considers necessary to carry

20 out the Administrator’s functions under this subtitle and the head of each

21 executive agency shall issue orders and directives that the agency head

22 considers necessary to carry out the regulations.

23 (d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—

24 (1) IN GENERAL.—Except as provided in paragraph (2), the Adminis25 trator may delegate authority conferred on the Administrator by this

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

27 head of another federal agency. The Administrator may authorize succes28 sive redelegation of authority conferred by this subtitle.

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

30 (A) the authority to prescribe regulations on matters of policy ap31 plying to executive agencies;

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

33 amounts from one component of the Administration to another

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

35 (C) other authority for which delegation is prohibited by this sub36 title.

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

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

39 maintain or repair a building or facility under this subsection shall re40 tain the portion of the rental payment that the Administrator determines

41 is available to operate, maintain or repair the building or facility. The
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1 department or agency shall directly expend the retained amounts to oper2 ate, maintain, or repair the building or facility. Any amounts retained

3 under this paragraph shall remain available until expended for these

4 purposes.

5 (e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—

6 (1) IN GENERAL.—The Administrator may provide for the perform7 ance of a function assigned under this subtitle by any of the following

8 methods:

9 (A) The Administrator may direct the Administration to perform

10 the function.

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

12 of the Administration and direct the component to perform the func13 tion.

14 (C) The Administrator may transfer the function from one com15 ponent of the Administration to another.

16 (D) The Administrator may direct an executive agency to per17 form the function for itself, with the consent of the agency or by di18 rection of the President.

19 (E) The Administrator may direct one executive agency to per20 form the function for another executive agency, with the consent of

21 the agencies concerned or by direction of the President.

22 (F) The Administrator may provide for performance of a func23 tion by a combination of the methods described in this paragraph.

24 (2) TRANSFER OF RESOURCES.—

25 (A) WITHIN ADMINISTRATION.—If the Administrator transfers a

26 function from one component of the Administration to another, the

27 Administrator may also provide for the transfer of appropriate allo28 cated amounts from the component that previously carried out the

29 function to the component being directed to carry out the function.

30 A transfer under this subparagraph must be reported to the Director

31 of the Office of Management and Budget.

32 (B) BETWEEN AGENCIES.—If the Administrator transfers a func33 tion from one executive agency to another (including a transfer to

34 or from the Administration), the Administrator may also provide

35 for the transfer of appropriate personnel, records, property, and al36 located amounts from the executive agency that previously carried

37 out the function to the executive agency being directed to carry out

38 the function. A transfer under this subparagraph is subject to ap39 proval by the Director.

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

41 committees to provide advice on any function of the Administrator under this
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1 subtitle. Members of the advisory committees shall serve without compensation

2 but are entitled to transportation and not more than $25 a day instead of

3 expenses under section 5703 of title 5.

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

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

6 assistance to accomplish the purposes of this subtitle.

7 (h) ADMINISTERING OATHS.—In carrying out investigative duties, an offi8 cer or employee of the Administration, if authorized by the Administrator,

9 may administer an oath to an individual.

10 § 122. Prohibition on sex discrimination

11 (a) PROHIBITION.—With respect to a program or activity carried on or re12 ceiving federal assistance under this subtitle, an individual may not be ex13 cluded from participation, denied benefits, or otherwise discriminated against

14 based on sex.

15 (b) ENFORCEMENT.—Subsection (a) shall be enforced through agency provi16 sions and rules similar to those already established with respect to racial and

17 other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C.

18 2000d et seq.). However, this remedy is not exclusive and does not prejudice

19 or remove any other legal remedies available to an individual alleging dis20 crimination.

21 § 123. Civil remedies for fraud

22 (a) IN GENERAL.—In connection with the procurement, transfer or disposi23 tion of property under this subtitle, a person that uses or causes to be used,

24 or enters into an agreement, combination, or conspiracy to use or cause to

25 be used, a fraudulent trick, scheme, or device for the purpose of obtaining or

26 aiding to obtain, for any person, money, property, or other benefit from the

27 Federal Government—

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

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

30 (B) two times the amount of damages sustained by the Govern31 ment because of each act; and

32 (C) the cost of suit;

33 (2) if the Government elects, shall pay to the Government, as liq34 uidated damages, an amount equal to two times the consideration that

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

36 to give to the Government; or

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

38 or property fraudulently obtained, with the Government retaining as liq39 uidated damages, the money, property, or other consideration given to

40 the Government.
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1 (b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil remedies

2 provided in this section are in addition to all other civil remedies and crimi3 nal penalties provided by law.

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

5 Government is not liable (except for an individual’s own fraud) or account6 able for collection of a purchase price that is determined to be uncollectible

7 by the federal agency responsible for property if the property is transferred

8 or disposed of in accordance with this subtitle and with regulations prescribed

9 under this subtitle.

10 (d) JURISDICTION AND VENUE.—

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

12 a district court of the United States or a district court of a territory

13 or possession of the United States.

14 (2) IN GENERAL.—A district court has original jurisdiction of an ac15 tion arising under this section, and venue is proper, if at least one de16 fendant resides or may be found in the court’s judicial district. Jurisdic17 tion and venue are determined without regard to the place where acts

18 were committed.

19 (3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A defend20 ant that does not reside and may not be found in the court’s judicial

21 district may be brought in by order of the court, to be served personally,

22 by publication, or in another reasonable manner directed by the court.

23 § 124. Agency use of amounts for property management

24 Amounts appropriated, allocated, or available to a federal agency for pur25 poses similar to the purposes in section 121 of this title or subchapter I (ex26 cept section 506), II, or III of chapter 5 of this title may be used by the agen27 cy for the disposition of property under this subtitle, and for the care and

28 handling of property pending the disposition, if the Director of the Office of

29 Management and Budget authorizes the use.

30 § 125. Library memberships

31 Amounts appropriated may be used, when authorized by the Administrator

32 of General Services, for payment in advance for library memberships in soci33 eties whose publications are available to members only, or to members at a

34 lower price than that charged to the general public.

35 § 126. Reports to Congress

36 The Administrator of General Services, at times the Administrator con37 siders desirable, shall submit a report to Congress on the administration of

38 this subtitle. The report shall include any recommendation for amendment of

39 this subtitle that the Administrator considers appropriate and shall identify

40 any law that is obsolete because of the enactment or operation of this subtitle.
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1 CHAPTER 3—ORGANIZATION OF GENERAL SERVICES

2 ADMINISTRATION

SUBCHAPTER I—GENERAL

Sec.

301. Establishment.

302. Administrator and Deputy Administrator.

303. Functions.

304. Federal information centers.

SUBCHAPTER II—ADMINISTRATIVE

311. Personnel.

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

313. Tests of materials.

SUBCHAPTER III—FUNDS

321. General Supply Fund.

322. Information Technology Fund.

323. Consumer Information Center Fund.

3 SUBCHAPTER I—GENERAL

4 § 301. Establishment

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

6 of the Federal Government.

7 § 302. Administrator and Deputy Administrator

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

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

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

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

12 (b) DEPUTY ADMINISTRATOR.—The Administrator shall appoint a Deputy

13 Administrator of General Services. The Deputy Administrator shall perform

14 functions designated by the Administrator. The Deputy Administrator is Act15 ing Administrator of General Services during the absence or disability of the

16 Administrator and, unless the President designates another officer of the Fed17 eral Government, when the office of Administrator is vacant.

18 § 303. Functions

19 (a) BUREAU OF FEDERAL SUPPLY.—

20 (1) TRANSFER OF FUNCTIONS.—Subject to paragraph (2), the func21 tions of the Administrator of General Services include functions related

22 to the Bureau of Federal Supply in the Department of the Treasury that,

23 immediately before July 1, 1949, were functions of—

24 (A) the Bureau;

25 (B) the Director of the Bureau;

26 (C) the personnel of the Bureau; or

27 (D) the Secretary of the Treasury.

28 (2) FUNCTIONS NOT TRANSFERRED.—The functions of the Adminis29 trator of General Services do not include functions retained in the De30 partment of the Treasury under section 102(c) of the Federal Property

31 and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380).
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1 (b) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC BUILD2 INGS.—The functions of the Administrator of General Services include func3 tions related to the Federal Works Agency and functions related to the Com4 missioner of Public Buildings that, immediately before July 1, 1949, were

5 functions of—

6 (1) the Federal Works Agency;

7 (2) the Federal Works Administrator; or

8 (3) the Commissioner of Public Buildings.

9 § 304. Federal information centers

10 The Administrator of General Services may establish within the General

11 Services Administration a nationwide network of federal information centers

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

13 and procedures of the Federal Government and for other appropriate and re14 lated purposes.

15 SUBCHAPTER II—ADMINISTRATIVE

16 § 311. Personnel

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

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

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

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

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

22 (b) TEMPORARY EMPLOYMENT.—The Administrator may procure the tem23 porary or intermittent services of experts or consultants under section 3109

24 of title 5 to the extent the Administrator finds necessary to carry out chapters

25 1, 3, and 5 of this title and title III of the Federal Property and Administra26 tive Services Act of 1949 (41 U.S.C. 251 et seq.).

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

28 title 10 or any other law, in carrying out functions under this subtitle the

29 Administrator may use the services of personnel (including armed services

30 personnel) from an executive agency other than the General Services Adminis31 tration with the consent of the head of the agency.

32 (d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.—The Ad33 ministrator, in the Administrator’s discretion, may detail field personnel of

34 the Administration to the District of Columbia for temporary duty for a pe35 riod of not more than 30 days in any one case. Subsistence or similar ex36 penses may not be allowed for an employee on temporary duty in the District

37 of Columbia under this paragraph.

38 § 312. Transfer and use of amounts for major equipment ac39 quisitions

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

41 amounts appropriated or otherwise made available to the General Services
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1 Administration for operating expenses and salaries and expenses may be

2 transferred and merged into the ‘‘Major equipment acquisitions and develop3 ment activity’’ of the Salaries and Expenses, General Management and Ad4 ministration appropriation account for—

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

6 processing systems; and

7 (2) financial management and management information systems need8 ed to implement the Chief Financial Officers Act of 1990 (Public Law

9 101–576, 104 Stat. 2838) and other laws or regulations.

10 (b) REQUIREMENTS AND AVAILABILITY.—

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

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

13 year for which the amount is appropriated or otherwise made available.

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

15 may be used only with the advance approval of the Committees on Ap16 propriations of the House of Representatives and the Senate.

17 (3) AVAILABILITY.—An amount transferred under this section remains

18 available until expended.

19 § 313. Tests of materials

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

21 a producer or vendor for sale or lease to the General Services Administration

22 or to any procurement authority acting under the direction and control of

23 the Administrator of General Services pursuant to this subtitle.

24 (b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the Adminis25 trator’s discretion and with the consent of the producer or vendor, may have

26 tests conducted, in a manner the Administrator specifies, to—

27 (1) determine whether an article or commodity conforms to prescribed

28 specifications and standards; or

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

30 (c) FEES.—

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

32 vendor a fee for the tests.

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

34 PRODUCER OR VENDOR.—If the Administrator determines that con35 ducting the tests predominantly serves the interest of the producer or ven36 dor, the Administrator shall fix the fee in an amount that will recover

37 the costs of conducting the tests, including all components of the costs,

38 determined in accordance with accepted accounting principles.

39 (3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE INTER40 EST OF PRODUCER OR VENDOR.—If the Administrator determines that

41 conducting the tests does not predominantly serve the interest of the pro-
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1 ducer or vendor, the Administrator shall fix the fee in an amount the

2 Administrator determines is reasonable for furnishing the testing service.

3 SUBCHAPTER III—FUNDS

4 § 321. General Supply Fund

5 (a) EXISTENCE.—The General Supply Fund is a special fund in the Treas6 ury.

7 (b) COMPOSITION.—

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

9 the Fund and the value, as determined by the Administrator of General

10 Services, of personal property transferred from executive agencies to the

11 Administrator under section 501(d) of this title to the extent that pay12 ment is not made or credit allowed for the property.

13 (2) OTHER CREDITS.—

14 (A) IN GENERAL.—The Fund shall be credited with all reimburse15 ments, advances, and refunds or recoveries relating to personal

16 property or services procured through the Fund, including—

17 (i) the net proceeds of disposal of surplus personal property;

18 and

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

20 to, personal property.

21 (B) REAPPROPRIATION.—Amounts credited under this paragraph

22 are reappropriated for the purposes of the Fund.

23 (3) DEPOSIT OF FEES.—Fees collected by the Administrator under sec24 tion 313 of this title may be deposited in the Fund to be used for the

25 purposes of the Fund.

26 (c) USES.—

27 (1) IN GENERAL.—The Fund is available for use by or under the direc28 tion and control of the Administrator for—

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

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

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

33 forms, blankbook work, standard specifications, and other

34 printed material in common use by federal agencies and not

35 available through the Superintendent of Documents); and

36 (ii) nonpersonal services;

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

38 property and services, and cost of personal services employed di39 rectly in the repair, rehabilitation, and conversion of personal prop40 erty; and
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1 (C) paying other direct costs of, and indirect costs that are rea2 sonably related to, contracting, procurement, inspection, storage,

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

5 or by special order through the Administration.

6 (2) OTHER USES.—The Fund may be used for the procurement of per7 sonal property and nonpersonal services authorized to be acquired by—

8 (A) mixed-ownership Government corporations;

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

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

11 federal agency authorized to procure for it is transferred to the Ad12 ministration.

13 (d) PAYMENT FOR PROPERTY AND SERVICES.—

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

15 for requisitioning agencies, the agencies shall pay prices the Adminis16 trator fixes under this subsection.

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

18 prices at levels sufficient to recover—

19 (A) so far as practicable—

20 (i) the purchase price;

21 (ii) the transportation cost;

22 (iii) inventory losses;

23 (iv) the cost of personal services employed directly in the re24 pair, rehabilitation, and conversion of personal property; and

25 (v) the cost of amortization and repair of equipment used for

26 lease or rent to executive agencies; and

27 (B) properly allocable costs payable by the Fund under subsection

28 (c)(1)(C).

29 (3) TIMING OF PAYMENTS.—

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

31 advance when the Administrator determines that there is insuffi32 cient capital otherwise available in the Fund. Payment in advance

33 may also be made under an agreement between a requisitioning

34 agency and the Administrator.

35 (B) PROMPT REIMBURSEMENT.—If payment is not made in ad36 vance, the Administration shall be reimbursed promptly out of

37 amounts of the requisitioning agency in accordance with accounting

38 procedures approved by the Comptroller General.

39 (C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Adminis40 trator may obtain reimbursement by the issuance of transfer and

41 counterwarrants, or other lawful transfer documents, supported by
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1 itemized invoices, if payment is not made by a requisitioning agen2 cy 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.—The

7 Administrator may accept periodic reimbursement from the Senate and from

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

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

10 amount of each periodic reimbursement shall be computed by amortizing the

11 total cost of each item of equipment over the useful life of the equipment, as

12 determined by the Administrator, in consultation with the Sergeant at Arms

13 and Doorkeeper of the Senate or the Chief Administrative Officer of the House

14 of Representatives, as appropriate.

15 (f) TREATMENT OF SURPLUS.—

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

17 year, any surplus in the Fund above the amounts transferred or appro18 priated to establish and maintain the Fund (all assets, liabilities, and

19 prior losses considered) shall be deposited in the Treasury as miscella20 neous 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 needs

24 of the federal agencies.

25 (g) AUDITS.—The Comptroller General shall audit the Fund in accordance

26 with the provisions of chapter 35 of title 31 and report the results of the au27 dits.

28 § 322. Information Technology Fund

29 (a) EXISTENCE.—There is an Information Technology Fund in the Treas30 ury.

31 (b) COST AND CAPITAL REQUIREMENTS.—

32 (1) IN GENERAL.—The Administrator of General Services shall deter33 mine the cost and capital requirements of the Fund for each fiscal year.

34 The cost and capital requirements may include amounts—

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

36 purchase is the least costly alternative) information processing and

37 transmission equipment, software, systems, and operating facilities

38 necessary to provide services;

39 (B) resulting from operations of the Fund, including the net pro40 ceeds from the disposal of excess or surplus personal property and
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1 receipts from carriers and others for loss or damage to property;

2 and

3 (C) that are appropriated, authorized to be transferred, or other4 wise made available to the Fund.

5 (2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDGET.—

6 The Administrator shall submit plans concerning the cost and capital re7 quirements determined under this section, and other information as may

8 be requested, for review and approval by the Director of the Office of

9 Management and Budget. Plans submitted under this section fulfill the

10 requirements of sections 1512 and 1513 of title 31.

11 (3) ADJUSTMENTS.—Any change to the cost and capital requirements

12 of the Fund for a fiscal year shall be made in the same manner as the

13 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, operate,

19 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, supplies,

23 and related services including maintenance and repair.

24 (3) CANCELLATION COSTS.—Any cancellation costs incurred for a con25 tract entered into under subsection (e) shall be paid from money cur26 rently available in the Fund.

27 (4) NO FISCAL YEAR LIMITATION.—The Fund is available without fis28 cal year limitation.

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

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

31 rates, consistent with the approval, to be charged to agencies for information

32 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 infor36 mation 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 ter39 mination;

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 fiscal

13 year, any uncommitted balance remaining in the Fund, after making provi14 sion for anticipated operating needs as determined by the Office of Manage15 ment and Budget, shall be transferred to the Treasury as miscellaneous re16 ceipts.

17 (g) ANNUAL REPORT.—The Administrator shall report annually to the Di18 rector on the operation of the Fund. The report must address the inventory,

19 use, and acquisition of information processing equipment and identify any

20 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 Center

23 Fund, General Services Administration, for the purpose of disseminating Fed24 eral Government consumer information to the public and for other related

25 purposes.

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

27 (1) appropriations from the Treasury for Consumer Information Cen28 ter activities;

29 (2) user fees from the public;

30 (3) reimbursements from other federal agencies for costs of distributing

31 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 a

38 fiscal year remain in the Fund and are available for authorization in appro39 priation 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 other

2 consumer information activities. In addition to amounts appropriated or oth3 erwise made available, the Center may expend the gifts for these purposes and

4 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 deter7 mines that the action is advantageous to the Federal Government

8 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 exempt

11 the Department of Defense from an action taken by the Administrator

12 of General Services under this subchapter, unless the President directs

13 otherwise, whenever the Secretary determines that an exemption is in the

14 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 responsibil20 ities, and perform functions related to procurement and supply in21 cluding contracting, inspection, storage, issue, property identifica22 tion 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 serv31 ices 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 for

4 Federal Procurement Policy under the Office of Federal Procure5 ment Policy Act (41 U.S.C. 401 et seq.).

6 (c) REPRESENTATION.—For transportation and other public utility services

7 used by executive agencies, the Administrator of General Services shall rep8 resent 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, for

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

14 other similar facilities. After consultation with the executive agencies affected,

15 the Administrator of General Services shall consolidate, take over, or arrange

16 for executive agencies to operate the facilities.

17 § 502. Services for other entities

18 (a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT CORPORATIONS,

19 AND THE DISTRICT OF COLUMBIA.—On request, the Administrator of General

20 Services shall provide, to the extent practicable, any of the services specified

21 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 the

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

29 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))); or

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

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

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

35 (B) providing a commodity or service to the Federal Government

36 under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).

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

38 this subsection shall use the services directly in making or providing to

39 the Government a commodity or service that has been determined by the

40 Committee for Purchase From People Who Are Blind or Severely Dis-
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1 abled under section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47) to

2 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 SERV10 ICES.—A transaction under subsection (a) must be carried out in accord11 ance with regulations the Administrator of General Services prescribes,

12 subject to regulations prescribed by the Administrator for Federal Pro13 curement Policy under the Office of Federal Procurement Policy Act (41

14 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 Revised

18 Statutes (41 U.S.C. 5) applies to a sale of property under subsection (a),

19 except that fixed price sales may be conducted in the same manner and

20 subject to the same conditions as are applicable to the sale of property

21 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 consent

25 of the other executive agency, to inspect personal property incident to pro26 curing the property.

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

28 or any other law, an executive agency may provide services, work, materials,

29 and equipment for purposes of this section without reimbursement or transfer

30 of amounts.

31 (c) POLICIES AND METHODS.—The use or provision of services, work, mate32 rials, and equipment under this section must be in conformity with policies

33 and methods the Administrator of General Services prescribes under section

34 501 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 for

39 purposes of subchapter II when the head of the agency determines that—

40 (A) the remaining storage or shelf life is too short to justify con41 tinued retention for national emergency purposes; and
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1 (B) transfer or other disposal is in the national interest.

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

3 shall make the determination in sufficient time to allow for the transfer

4 or other disposal and use of medical materials or supplies before their

5 shelf life expires and they are rendered unfit for human use.

6 (b) TRANSFER OR EXCHANGE.—

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

8 of General Services prescribes, medical materials or supplies considered

9 excess property may be transferred to another federal agency or ex10 changed with another federal agency for other medical materials or sup11 plies.

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

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

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

15 medical materials or supplies to be held for national emergency purposes.

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

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

18 shall be disposed of as surplus property.

19 § 506. Inventory controls and systems

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

21 (1) IN GENERAL.—Subject to paragraph (2), and after adequate ad22 vance notice to affected executive agencies, the Administrator of General

23 Services may undertake the following activities as necessary to carry out

24 functions under this chapter:

25 (A) SURVEYS AND REPORTS.—Survey and obtain executive agen26 cy reports on Federal Government property and property manage27 ment practices.

28 (B) INVENTORY LEVELS.—Cooperate with executive agencies to es29 tablish reasonable inventory levels for property stocked by them, and

30 report any excessive inventory levels to Congress and to the Director

31 of the Office of Management and Budget.

32 (C) FEDERAL SUPPLY CATALOG SYSTEM.—Establish and main33 tain a uniform federal supply catalog system that is appropriate to

34 identify and classify personal property under the control of federal

35 agencies.

36 (D) STANDARD PURCHASE SPECIFICATIONS AND STANDARD

37 FORMS AND PROCEDURES.—Prescribe standard purchase specifica38 tions and standard forms and procedures (except forms and proce39 dures that the Comptroller General prescribes by law) subject to reg40 ulations the Administrator for Federal Procurement Policy pre-
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1 scribes under the Office of Federal Procurement Policy Act (41

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

3 (2) SPECIAL CONSIDERATIONS REGARDING DEPARTMENT OF DE4 FENSE.—

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

6 carry out activities under paragraph (1) with due regard to the re7 quirements of the Department of Defense, as determined by the Sec8 retary of Defense.

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

10 maintaining a uniform federal supply catalog system under para11 graph (1)(C), the Administrator of General Services and the Sec12 retary shall coordinate to avoid unnecessary duplication.

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

14 uniformed federal supply catalog system, the standard purchase specifications,

15 and the standard forms and procedures established under subsection (a), ex16 cept as the Administrator of General Services, considering efficiency, econ17 omy, or other interests of the Government, may otherwise provide.

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

19 all types of property accounts and transactions. Audits shall be conducted at

20 the time and in the manner the Comptroller General decides and as far as

21 practicable at the place where the property or records of the executive agencies

22 are kept. Audits shall include an evaluation of the effectiveness of internal

23 controls and audits, and a general audit of the discharge of accountability

24 for Government-owned or controlled property, based on generally accepted

25 principles of auditing.

26 SUBCHAPTER II—USE OF PROPERTY

27 § 521. Policies and methods

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

29 property, the Administrator of General Services shall—

30 (1) prescribe policies and methods to promote the maximum use of ex31 cess property by executive agencies; and

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

33 (A) among federal agencies; and

34 (B) to the organizations specified in section 321(c)(2) of this title.

35 § 522. Reimbursement for transfer of excess property

36 (a) IN GENERAL.—Subject to subsections (b) and (c) of this section, the Ad37 ministrator of General Services, with the approval of the Director of the Office

38 of Management and Budget, shall prescribe the amount of reimbursement re39 quired for a transfer of excess property.
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1 (b) REIMBURSEMENT AT FAIR VALUE.—The amount of reimbursement re2 quired for a transfer of excess property is the fair value of the property, as

3 determined by the Administrator, if—

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

5 (2) either the transferor or the transferee agency (or the organizational

6 unit affected) is—

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

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

9 (c) DISTRIBUTION THROUGH GENERAL SERVICES ADMINISTRATION SUP10 PLY CENTERS.—Excess property determined by the Administrator to be suit11 able for distribution through the supply centers of the General Services Ad12 ministration shall be retransferred at prices set by the Administrator with

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

14 § 523. Excess real property located on Indian reservations

15 (a) PROCEDURES FOR TRANSFER.—The Administrator of General Services

16 shall prescribe procedures necessary to transfer to the Secretary of the Inte17 rior, without compensation, excess real property located within the reservation

18 of any group, band, or tribe of Indians that is recognized as eligible for serv19 ices by the Bureau of Indian Affairs.

20 (b) PROPERTY HELD IN TRUST.—

21 (1) IN GENERAL.—Except as provided in paragraph (2), the Secretary

22 shall hold excess real property transferred under this section in trust for

23 the benefit and use of the group, band, or tribe of Indians, within whose

24 reservation the excess real property is located.

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

26 excess real property that is located in Oklahoma and transferred under

27 this section in trust for Oklahoma Indian tribes recognized by the Sec28 retary if the real property—

29 (A) is located within boundaries of former reservations in Okla30 homa, as defined by the Secretary, and was held in trust by the

31 Federal Government for an Indian tribe when the Government ac32 quired it; or

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

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

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

36 § 524. Duties of executive agencies

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

38 (1) maintain adequate inventory controls and accountability systems

39 for property under its control;

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

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

2 Services;

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

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

5 accordance with authority delegated and regulations prescribed by the

6 Administrator.

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

8 as practicable, shall—

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

10 property is no longer required for the purposes of the appropriation used

11 to make the purchase;

12 (2) transfer excess property under its control to other federal agencies

13 and to organizations specified in section 321(c)(2) of this title; and

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

15 § 525. Excess personal property for federal agency grantees

16 (a) GENERAL PROHIBITION.—A federal agency is prohibited from obtaining

17 excess personal property for the purpose of furnishing the property to a grant18 ee of the agency, except as provided in this section.

19 (b) EXCEPTION FOR PUBLIC AGENCIES AND TAX-EXEMPT NONPROFIT OR20 GANIZATIONS.—

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

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

23 property for the purpose of furnishing it to a public agency or an orga24 nization that is nonprofit and exempt from taxation under section 501

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

26 (A) the agency or organization is conducting a federally spon27 sored project pursuant to a grant made for a specific purpose with

28 a specific termination provision;

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

30 grant; and

31 (C)(i) the sponsoring federal agency pays an amount equal to 25

32 percent of the original acquisition cost (except for costs of care and

33 handling) of the excess property; and

34 (ii) the amount is deposited in the Treasury as miscellaneous re35 ceipts.

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

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

38 property in accordance with procedures governing accountability for per39 sonal property acquired under grant agreements.

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

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

2 of the United States, Puerto Rico, Guam, American Samoa, the Northern

3 Mariana Islands, the Federated States of Micronesia, the Marshall Is4 lands, Palau, the Virgin Islands, and the District of Columbia.

5 (2) IN GENERAL.—Under regulations and restrictions the Adminis6 trator may prescribe, subsection (a) does not apply to property furnished

7 by the Secretary of Agriculture to—

8 (A) a state or county extension service engaged in cooperative ag9 ricultural extension work under the Smith-Lever Act (7 U.S.C. 341

10 et seq.);

11 (B) a state experiment station engaged in cooperative agricul12 tural research work under the Hatch Act of 1887 (7 U.S.C. 361a

13 et seq.); or

14 (C) an institution engaged in cooperative agricultural research or

15 extension work under section 1433, 1434, 1444, or 1445 of the Na16 tional Agricultural Research, Extension, and Teaching Policy Act

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

18 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains

19 title.

20 (d) OTHER EXCEPTIONS.—Under regulations and restrictions the Adminis21 trator may prescribe, subsection (a) does not apply to—

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

23 of 1961 (22 U.S.C. 2358), to the extent that the Administrator deter24 mines that the property is not needed for donation under section 549 of

25 this title;

26 (2) scientific equipment furnished under section 11(e) of the National

27 Science Foundation Act of 1950 (42 U.S.C. 1870(e));

28 (3) property furnished under section 203 of the Department of Agri29 culture Organic Act of 1944 (16 U.S.C. 580a), in connection with the

30 Cooperative Forest Fire Control Program, if the Government retains

31 title; or

32 (4) property furnished in connection with a grant to a tribe, as de33 fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C.

34 1452(c)).

35 § 526. Temporary assignment of excess real property

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

37 temporarily assign or reassign space in excess real property to a federal agen38 cy, for use as office or storage space or for a related purpose, if the Adminis39 trator determines that assignment or reassignment is more advantageous than

40 permanent transfer. The Administrator shall determine the duration of the as41 signment or reassignment.
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1 (b) REIMBURSEMENT FOR MAINTENANCE.—If there is no appropriation

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

3 Administrator may obtain appropriate reimbursement from the federal agen4 cy.

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

6 The Administrator of General Services may authorize the abandonment or

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

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

9 (2) the estimated cost of continued care and handling exceeds the esti10 mated proceeds from sale.

11 § 528. Utilization of excess furniture

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

13 provided by law to purchase furniture if the Administrator of General Serv14 ices determines that requirements can reasonably be met by transferring excess

15 furniture, including rehabilitated furniture, from other departments or agen16 cies pursuant to this subtitle.

17 § 529. Annual executive agency reports on excess personal

18 property

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

20 fiscal year, each executive agency shall submit to the Administrator of Gen21 eral Services a report on personal property—

22 (1) obtained as—

23 (A) excess property; or

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

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

26 (2) furnished within the United States to a recipient other than a fed27 eral agency.

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

29 equipment and show—

30 (1) the acquisition cost of the property;

31 (2) the recipient of the property; and

32 (3) other information the Administrator may require.

33 SUBCHAPTER III—DISPOSING OF PROPERTY

34 § 541. Supervision and direction

35 Except as otherwise provided in this subchapter, the Administrator of Gen36 eral Services shall supervise and direct the disposition of surplus property in

37 accordance with this subtitle.

38 § 542. Care and handling

39 The disposal of surplus property, and the care and handling of the property

40 pending disposition, may be performed by the General Services Administra41 tion or, when the Administrator of General Services decides, by the executive
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1 agency in possession of the property or by any other executive agency that

2 agrees.

3 § 543. Method of disposition

4 An executive agency designated or authorized by the Administrator of Gen5 eral Services to dispose of surplus property may do so by sale, exchange, lease,

6 permit, or transfer, for cash, credit, or other property, with or without war7 ranty, on terms and conditions that the Administrator considers proper. The

8 agency may execute documents to transfer title or other interest in the prop9 erty and may take other action it considers necessary or proper to dispose

10 of the property under this chapter.

11 § 544. Validity of transfer instruments

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

13 an executive agency purporting to transfer title or other interest in surplus

14 property under this chapter is conclusive evidence of compliance with the pro15 visions of this chapter concerning title or other interest of a bona fide grantee

16 or transferee for value and without notice of lack of compliance.

17 § 545. Procedure for disposal

18 (a) PUBLIC ADVERTISING FOR BIDS.—

19 (1) REQUIREMENT.—

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

21 Administrator of General Services may make or authorize a dis22 posal or a contract for disposal of surplus property only after public

23 advertising for bids, under regulations the Administrator prescribes.

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

25 a contract for disposal of surplus property—

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

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

28 contract broker.

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

30 conditions of advertisement must permit full and free competition con31 sistent with the value and nature of the property involved.

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

33 and place stated in the advertisement.

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

35 notice to the responsible bidder whose bid, conforming to the invitation

36 for bids, is most advantageous to the Federal Government, price and

37 other factors considered. However, all bids may be rejected if it is in the

38 public interest to do so.

39 (b) NEGOTIATED DISPOSAL.—Under regulations the Administrator pre40 scribes, disposals and contracts for disposal may be negotiated without regard
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1 to subsection (a), but subject to obtaining competition that is feasible under

2 the circumstances, if—

3 (1) necessary in the public interest—

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

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

6 property; or

7 (B) for a period not exceeding three months, with respect to a spe8 cifically described category of personal property as determined by

9 the Administrator;

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

11 a particular disposal of personal property;

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

13 personal property;

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

15 that disposal under subsection (a) would impact an industry to an ex16 tent that would adversely affect the national economy, and the estimated

17 fair market value of the property and other satisfactory terms of disposal

18 can be obtained by negotiation;

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

20 exceed $15,000;

21 (6) after advertising under subsection (a), the bid prices for the prop22 erty, or part of the property, are not reasonable or have not been inde23 pendently arrived at in open competition;

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

25 property or unusual circumstances make it impractical to advertise pub26 licly for competitive bids and the fair market value of the property and

27 other satisfactory terms of disposal can be obtained by negotiation;

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

29 United States, or to a political subdivision of, or a tax-supported agency

30 in, a State, territory, or possession, and the estimated fair market value

31 of the property and other satisfactory terms of disposal are obtained by

32 negotiation; or

33 (9) otherwise authorized by law.

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

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

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

37 followed in similar commercial transactions under regulations the Adminis38 trator prescribes. The regulations must require that brokers give wide public

39 notice of the availability of the property for disposal.

40 (d) NEGOTIATED SALE AT FIXED PRICE.—
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1 (1) AUTHORIZATION.—The Administrator may make a negotiated sale

2 of personal property at a fixed price, either directly or through the use

3 of a disposal contractor, without regard to subsection (a). However, the

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

5 of the property involved and the price established must reflect the esti6 mated fair market value of the property. Sales under this subsection are

7 limited to categories of personal property for which the Administrator

8 determines that disposal under this subsection best serves the interests of

9 the Government.

10 (2) FIRST OFFER.—Under regulations and restrictions the Adminis11 trator prescribes, an opportunity to purchase property at a fixed price

12 under this subsection may be offered first to an entity specified in sub13 section (b)(8) that has expressed an interest in the property.

14 (e) EXPLANATORY STATEMENTS FOR NEGOTIATED DISPOSALS.—

15 (1) REQUIREMENT.—

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

17 explanatory statement of the circumstances shall be prepared for

18 each disposal by negotiation of—

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

20 value in excess of $15,000;

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

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

23 lease or exchange is subject only to clauses (iii)–(v) of this sub24 paragraph;

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

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

27 than $100,000 for any year;

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

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

30 lease is more than $100,000; or

31 (v) real property or real and related personal property dis32 posed of by exchange, regardless of value, or any property for

33 which any part of the consideration is real property.

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

35 a disposal of personal property under subsection (d), or for a dis36 posal of real or personal property authorized by any other law to

37 be made without advertising.

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

39 transmitted to the appropriate committees of Congress in advance of the

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

41 the executive agency making the disposal.
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1 (3) LISTING IN REPORT.—A report of the Administrator under section

2 126 of this title must include a listing and description of any negotiated

3 disposals of surplus property having an estimated fair market value of

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

5 of any other property, other than disposals for which an explanatory

6 statement has been transmitted under this subsection.

7 (f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised Statutes

8 (41 U.S.C. 5) does not apply to a disposal or contract for disposal made

9 under this section.

10 § 546. Contractor inventories

11 Subject to regulations of the Administrator of General Services, an execu12 tive agency may authorize a contractor or subcontractor with the agency to

13 retain or dispose of contractor inventory.

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

15 goods

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

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

18 agricultural commodities, surplus foods processed from agricultural commod19 ities, and surplus cotton or woolen goods. The policies shall be formulated to

20 prevent surplus agricultural commodities, or surplus foods processed from ag21 ricultural commodities, from being dumped on the market in a disorderly

22 manner and disrupting the market prices for agricultural commodities.

23 (b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—

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

25 the Department of Agriculture any surplus agricultural commodities,

26 foods, and cotton or woolen goods for disposal, when the Secretary deter27 mines that a transfer is necessary for the Secretary to carry out respon28 sibilities for price support or stabilization.

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

30 Department under this subsection shall be deposited pursuant to any au31 thority available to the Secretary. When applicable, however, net proceeds

32 from the sale of surplus property transferred under this subsection shall

33 be credited pursuant to section 572(a) of this title.

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

35 under this subsection may not be sold, other than for export, in quan36 tities exceeding, or at prices less than, the applicable quantities and

37 prices for sales of those commodities by the Commodity Credit Corpora38 tion.

39 § 548. Surplus vessels

40 The Maritime Administration shall dispose of surplus vessels of 1,500 gross

41 tons or more which the Administration determines to be merchant vessels or
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1 capable of conversion to merchant use. The vessels shall be disposed of in ac2 cordance with the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),

3 and other laws authorizing the sale of such vessels.

4 § 549. Donation of personal property through state agencies

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

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

7 (A) a State;

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

9 government or economic development district);

10 (C) a department, agency, or instrumentality of a State (includ11 ing instrumentalities created by compact or other agreement be12 tween States or political subdivisions); or

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

14 on a state reservation.

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

16 District of Columbia, Puerto Rico, the Virgin Islands, Guam, the North17 ern Mariana Islands, and American Samoa.

18 (3) STATE AGENCY.—The term ‘‘state agency’’ means an agency des19 ignated under state law as the agency responsible for fair and equitable

20 distribution, through donation, of property transferred under this sec21 tion.

22 (b) AUTHORIZATION.—

23 (1) IN GENERAL.—The Administrator of General Services, in the Ad24 ministrator’s discretion and under regulations the Administrator may

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

26 agency.

27 (2) PROPERTY.—

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

29 personal property that—

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

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

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

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

34 be made between property capitalized in a working-capital fund es35 tablished under section 2208 of title 10 (or similar fund) and any

36 other property.

37 (3) NO COST.—Transfer of property under this section is without cost,

38 except for any costs of care and handling.

39 (c) ALLOCATION AND TRANSFER OF PROPERTY.—

40 (1) IN GENERAL.—The Administrator shall allocate and transfer prop41 erty under this section in accordance with criteria that are based on
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1 need and use and that are established after consultation with state agen2 cies to the extent feasible. The Administrator shall give fair consider3 ation, consistent with the established criteria, to an expression of need

4 and interest from a public agency or other eligible institution within a

5 State. The Administrator shall give special consideration to an eligible

6 recipient’s request, transmitted through the state agency, for a specific

7 item of property.

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

9 property among the States on a fair and equitable basis, taking into ac10 count the condition of the property as well as the original acquisition

11 cost of the property.

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

13 a state agency property the state agency selects for distribution through

14 donation within the State—

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

16 residents of a given political area, a public purpose, including con17 servation, economic development, education, parks and recreation,

18 public health, and public safety; or

19 (B) for purposes of education or public health (including re20 search), to a nonprofit educational or public health institution or

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

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

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

24 drug abuse treatment center;

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

26 families or individuals whose annual incomes are below the

27 poverty line (as that term is defined in section 673 of the Com28 munity Services Block Grant Act (42 U.S.C. 9902));

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

30 (iv) a school for the mentally retarded or physically handi31 capped;

32 (v) a child care center;

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

34 Communications Commission as an educational radio or edu35 cational television station;

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

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

38 district, State, or region.

39 (4) EXCEPTION.—This subsection does not apply to property trans40 ferred under subsection (d).

41 (d) DEPARTMENT OF DEFENSE PROPERTY.—
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1 (1) DETERMINATION.—The Secretary of Defense shall determine

2 whether surplus personal property under the control of the Department

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

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

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

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

7 Secretary of Defense determines that the property is usable and necessary

8 for educational activities which are of special interest to the armed serv9 ices, the Secretary shall allocate the property for transfer by the Admin10 istrator to the appropriate state agency for distribution through donation

11 to the educational activities.

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

13 the Secretary of Defense determines that the property is not usable and

14 necessary for educational activities which are of special interest to the

15 armed services, the property may be disposed of in accordance with sub16 section (c).

17 (e) STATE PLAN OF OPERATION.—

18 (1) IN GENERAL.—Before property may be transferred to a state agen19 cy, the State shall develop a detailed state plan of operation, in accord20 ance with this subsection and with state law.

21 (2) PROCEDURE.—

22 (A) CONSIDERATION OF NEEDS AND RESOURCES.—In developing

23 and implementing the state plan of operation, the relative needs and

24 resources of all public agencies and other eligible institutions in the

25 State shall be taken into consideration. The Administrator may con26 sult with interested federal agencies to obtain their views concerning

27 the administration and operation of this section.

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

29 operation, and any major amendment to the plan, may not be filed

30 with the Administrator until 60 days after general notice of the pro31 posed plan or amendment has been published and interested persons

32 have been given at least 30 days to submit comments.

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

34 certify and submit the state plan of operation to the Administrator.

35 (3) REQUIREMENTS.—

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

37 adequate assurance that the state agency has—

38 (i) the necessary organizational and operational authority

39 and capability including staff, facilities, and means and meth40 ods of financing; and
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1 (ii) established procedures for accountability, internal and

2 external audits, cooperative agreements, compliance and use re3 views, equitable distribution and property disposal, determina4 tion of eligibility, and assistance through consultation with ad5 visory bodies and public and private groups.

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

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

8 State based on the relative needs and resources of interested public

9 agencies and other eligible institutions in the State and their abili10 ties to use the property.

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

12 state plan of operation shall require, for donable property trans13 ferred under this section, that the state agency use management con14 trol and accounting systems of the same type as systems required

15 by state law for state-owned property. However, with approval from

16 the chief executive officer of the State, the state agency may elect

17 to use other management control and accounting systems that are

18 effective to govern the use, inventory control, accountability, and

19 disposal of property under this section.

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

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

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

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

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

25 the donee for that purpose within one year of being placed in use.

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

27 require the state agency, to the extent practicable, to select property

28 requested by a public agency or other eligible institution in the

29 State and, if requested by the recipient, to arrange shipment of the

30 property directly to the recipient.

31 (F) SERVICE CHARGES.—If the state agency is authorized to as32 sess and collect service charges from participating recipients to cover

33 direct and reasonable indirect costs of its activities, the method of

34 establishing the charges shall be set out in the state plan of oper35 ation. The charges shall be fair and equitable and shall be based on

36 services the state agency performs, including screening, packing,

37 crating, removal, and transportation.

38 (G) TERMS, CONDITIONS, RESERVATIONS, AND RESTRICTIONS.—

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

40 that the state agency—
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1 (I) may impose reasonable terms, conditions, reserva2 tions, and restrictions on the use of property to be donated

3 under subsection (c); and

4 (II) shall impose reasonable terms, conditions, reserva5 tions, and restrictions on the use of a passenger motor ve6 hicle and any item of property having a unit acquisition

7 cost of $5,000 or more.

8 (ii) SPECIAL LIMITATIONS.—If the Administrator finds that

9 an item has characteristics that require special handling or use

10 limitations, the Administrator may impose appropriate condi11 tions on the donation of the property.

12 (H) UNUSABLE PROPERTY.—

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

14 that surplus personal property which the state agency deter15 mines cannot be used by eligible recipients shall be disposed

16 of—

17 (I) subject to the disapproval of the Administrator with18 in 30 days after notice to the Administrator, through

19 transfer by the state agency to another state agency or

20 through abandonment or destruction if the property has

21 no commercial value or if the estimated cost of continued

22 care and handling exceeds estimated proceeds from sale; or

23 (II) under this subtitle, on terms and conditions and in

24 a manner the Administrator prescribes.

25 (ii) PROCEEDS FROM SALE.—Notwithstanding subchapter IV

26 of this chapter and section 702 of this title, the Administrator,

27 from the proceeds of sale of property described in subsection

28 (b), may reimburse the state agency for expenses that the Ad29 ministrator considers appropriate for care and handling of the

30 property.

31 (f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—

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

33 section, a cooperative agreement may be made between a state surplus

34 property distribution agency designated under this section and—

35 (A) the Administrator;

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

37 section 550(c) of this title;

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

39 transferred under section 550(d) of this title; or
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1 (D) the head of a federal agency designated by the Administrator,

2 the Secretary of Education, or the Secretary of Health and Human

3 Services.

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

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

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

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

8 (3) REIMBURSEMENT.—The cooperative agreement may require pay9 ment or reimbursement for the use or provision of property, facilities,

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

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

12 charges would otherwise be made.

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

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

15 property transferred to a state agency for distribution pursuant to

16 subsection (c) may be retained by the state agency for use in per17 forming its functions. Unless otherwise directed by the Adminis18 trator, title to the retained property vests in the state agency.

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

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

21 (i) the Administrator;

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

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

24 (iii) the Secretary of Health and Human Services, for prop25 erty transferred under section 550(d) of this title.

26 § 550. Disposal of real property for certain purposes

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

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

29 States.

30 (b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROP31 ERTY UNDER THIS SECTION.—

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

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

34 taken under this section, except for personal property transferred pursu35 ant to section 549 of this title, the official specified in paragraph (2)

36 shall determine and enforce compliance with the terms, conditions, res37 ervations, and restrictions contained in an instrument by which a trans38 fer under this section is made. The official shall reform, correct, or

39 amend the instrument if necessary to correct the instrument or to con40 form the transfer to the requirements of law. The official shall grant a

41 release from any term, condition, reservation or restriction contained in
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1 the instrument, and shall convey, quitclaim, or release to the transferee

2 (or other eligible user) any right or interest reserved to the Federal Gov3 ernment by the instrument, if the official determines that the property

4 no longer serves the purpose for which it was transferred or that a re5 lease, conveyance, or quitclaim deed will not prevent accomplishment of

6 that purpose. The release, conveyance, or quitclaim deed may be made

7 subject to terms and conditions that the official considers necessary to

8 protect or advance the interests of the Government.

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

10 is—

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

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

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

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

15 health, including research;

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

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

18 (D) the Secretary of Housing and Urban Development, for prop19 erty transferred under subsection (f) to provide housing or housing

20 assistance for low-income individuals or families; and

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

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

23 public.

24 (c) PROPERTY FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL USE.—

25 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre26 tion and under regulations that the Administrator may prescribe, may

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

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

29 that the Secretary recommends as needed for school, classroom, or other

30 educational use.

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

32 within 30 days after notice to the Administrator by the Secretary of

33 Education of a proposed transfer, the Secretary, for school, classroom, or

34 other educational use, may sell or lease property assigned to the Sec35 retary under paragraph (1) to a State, a political subdivision or instru36 mentality of a State, a tax-supported educational institution, or a non37 profit educational institution that has been held exempt from taxation

38 under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.

39 501(c)(3)).

40 (3) FIXING VALUE.—In fixing the sale or lease value of property dis41 posed of under paragraph (2), the Secretary of Education shall take into
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1 consideration any benefit which has accrued or may accrue to the Gov2 ernment from the use of the property by the State, political subdivision

3 or instrumentality, or institution.

4 (d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN5 CLUDING RESEARCH.—

6 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre7 tion and under regulations that the Administrator may prescribe, may

8 assign to the Secretary of Health and Human Services for disposal sur9 plus real property, including buildings, fixtures, and equipment situated

10 on the property, that the Secretary recommends as needed for use in the

11 protection of public health, including research.

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

13 within 30 days after notice to the Administrator by the Secretary of

14 Health and Human Services of a proposed transfer, the Secretary, for

15 use in the protection of public health, including research, may sell or

16 lease property assigned to the Secretary under paragraph (1) to a State,

17 a political subdivision or instrumentality of a State, a tax-supported

18 medical institution, or a hospital or similar institution not operated for

19 profit that has been held exempt from taxation under section 501(c)(3)

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

21 (3) FIXING VALUE.—In fixing the sale or lease value of property dis22 posed of under paragraph (2), the Secretary of Health and Human Serv23 ices shall take into consideration any benefit which has accrued or may

24 accrue to the Government from the use of the property by the State, polit25 ical subdivision or instrumentality, or institution.

26 (e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—

27 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre28 tion and under regulations that the Administrator may prescribe, may

29 assign to the Secretary of the Interior for disposal surplus real property,

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

31 that the Secretary recommends as needed for use as a public park or

32 recreation area.

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

34 within 30 days after notice to the Administrator by the Secretary of the

35 Interior of a proposed transfer, the Secretary, for public park or recre36 ation area use, may sell or lease property assigned to the Secretary

37 under paragraph (1) to a State, a political subdivision or instrumen38 tality of a State, or a municipality.

39 (3) FIXING VALUE.—In fixing the sale or lease value of property dis40 posed of under paragraph (2), the Secretary of the Interior shall take

41 into consideration any benefit which has accrued or may accrue to the
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1 Government from the use of the property by the State, political subdivi2 sion or instrumentality, or municipality.

3 (4) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

4 real property disposed of under this subsection—

5 (A) shall provide that all of the property be used and maintained

6 for the purpose for which it was conveyed in perpetuity, and that

7 if the property ceases to be used or maintained for that purpose, all

8 or any portion of the property shall, in its then existing condition,

9 at the option of the Government, revert to the Government; and

10 (B) may contain additional terms, reservations, restrictions, and

11 conditions the Secretary of the Interior determines are necessary to

12 safeguard the interests of the Government.

13 (f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—

14 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre15 tion and under regulations that the Administrator may prescribe, may

16 assign to the Secretary of Housing and Urban Development for disposal

17 surplus real property, including buildings, fixtures, and equipment situ18 ated on the property, that the Secretary recommends as needed to provide

19 housing or housing assistance for low-income individuals or families.

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

21 within 30 days after notice to the Administrator by the Secretary of

22 Housing and Urban Development of a proposed transfer, the Secretary,

23 to provide housing or housing assistance for low-income individuals or

24 families, may sell or lease property assigned to the Secretary under

25 paragraph (1) to a State, a political subdivision or instrumentality of

26 a State, or a nonprofit organization that exists for the primary purpose

27 of providing housing or housing assistance for low-income individuals or

28 families.

29 (3) SELF-HELP HOUSING.—

30 (A) IN GENERAL.—The Administrator shall disapprove a pro31 posed transfer of property under this subsection unless the Adminis32 trator determines that the property will be used for low-income

33 housing opportunities through the construction, rehabilitation, or re34 furbishment of self-help housing, under terms requiring that—

35 (i) subject to subparagraph (B), an individual or family re36 ceiving housing or housing assistance through use of the prop37 erty shall contribute a significant amount of labor toward the

38 construction, rehabilitation, or refurbishment; and

39 (ii) dwellings constructed, rehabilitated, or refurbished

40 through use of the property shall be quality dwellings that com-
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1 ply with local building and safety codes and standards and

2 shall be available at prices below prevailing market prices.

3 (B) GUIDELINES FOR CONSIDERING DISABILITIES.—For purposes

4 of fulfilling self-help requirements under paragraph (3)(A)(i), the

5 Administrator shall ensure that nonprofit organizations receiving

6 property under paragraph (2) develop and use guidelines to con7 sider any disability (as defined in section 3(2) of the Americans

8 with Disabilities Act of 1990 (42 U.S.C. 12102(2)).

9 (4) FIXING VALUE.—

10 (A) IN GENERAL.—In fixing the sale or lease value of property

11 disposed of under paragraph (2), the Secretary of Housing and

12 Urban Development shall take into consideration and discount the

13 value for any benefit which has accrued or may accrue to the Gov14 ernment from the use of the property by the State, political subdivi15 sion or instrumentality, or nonprofit organization.

16 (B) AMOUNT OF DISCOUNT.—The amount of the discount under

17 subparagraph (A) is 75 percent of the market value of the property,

18 except that the Secretary of Housing and Urban Development may

19 discount by a greater percentage if the Secretary, in consultation

20 with the Administrator, determines that a higher percentage is jus21 tified.

22 (g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—

23 (1) ASSIGNMENT.—The Administrator, in the Administrator’s discre24 tion and under regulations that the Administrator may prescribe, may

25 assign to the Chief Executive Officer of the Corporation for National and

26 Community Service for disposal surplus property that the Chief Execu27 tive Officer recommends as needed for national service activities.

28 (2) SALE, LEASE, OR DONATION.—Subject to disapproval by the Ad29 ministrator within 30 days after notice to the Administrator by the Chief

30 Executive Officer of a proposed transfer, the Chief Executive Officer, for

31 national service activities, may sell, lease, or donate property assigned

32 to the Chief Executive Officer under paragraph (1) to an entity that re33 ceives financial assistance under the National and Community Service

34 Act of 1990 (42 U.S.C. 12501 et seq.).

35 (3) FIXING VALUE.—In fixing the sale or lease value of property dis36 posed of under paragraph (2), the Chief Executive Officer shall take into

37 consideration any benefit which has accrued or may accrue to the Gov38 ernment from the use of the property by the entity receiving the property.

39 (h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—

40 (1) CONVEYANCE.—
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1 (A) IN GENERAL.—Without monetary consideration to the Gov2 ernment, the Administrator may convey to a State, a political sub3 division or instrumentality of a State, or a municipality, the right,

4 title, and interest of the Government in and to any surplus real and

5 related personal property that the Secretary of the Interior deter6 mines is suitable and desirable for use as a historic monument for

7 the benefit of the public.

8 (B) RECOMMENDATION BY NATIONAL PARK SYSTEM ADVISORY

9 BOARD.—Property may be determined to be suitable and desirable

10 for use as a historic monument only in conformity with a rec11 ommendation by the National Park System Advisory Board estab12 lished under section 3 of the Act of August 21, 1935 (16 U.S.C. 463)

13 (known as the Historic Sites, Buildings, and Antiquities Act). Only

14 the portion of the property that is necessary for the preservation

15 and proper observation of the property’s historic features may be de16 termined to be suitable and desirable for use as a historic monu17 ment.

18 (2) REVENUE-PRODUCING ACTIVITY.—

19 (A) IN GENERAL.—The Administrator may authorize use of any

20 property conveyed under this subsection for revenue-producing ac21 tivities if the Secretary of the Interior—

22 (i) determines that the activities are compatible with use of

23 the property for historic monument purposes;

24 (ii) approves the grantee’s plan for repair, rehabilitation,

25 restoration, and maintenance of the property;

26 (iii) approves the grantee’s plan for financing the repair, re27 habilitation, restoration, and maintenance of the property; and

28 (iv) examines and approves the accounting and financial

29 procedures used by the grantee.

30 (B) USE OF EXCESS INCOME.—The Secretary of the Interior may

31 approve a grantee’s financial plan only if the plan provides that

32 the grantee shall use income exceeding the cost of repair, rehabilita33 tion, restoration, and maintenance only for public historic preserva34 tion, park, or recreational purposes.

35 (C) AUDITS.—The Secretary of the Interior may periodically

36 audit the records of the grantee that are directly related to the prop37 erty conveyed.

38 (3) DEED OF CONVEYANCE.—The deed of conveyance of any surplus

39 real property disposed of under this subsection—

40 (A) shall provide that all of the property be used and maintained

41 for historical monument purposes in perpetuity, and that if the
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1 property ceases to be used or maintained for historical monument

2 purposes, all or any portion of the property shall, in its then exist3 ing condition, at the option of the Government, revert to the Govern4 ment; and

5 (B) may contain additional terms, reservations, restrictions, and

6 conditions the Administrator determines are necessary to safeguard

7 the interests of the Government.

8 § 551. Donations to American Red Cross

9 The Administrator of General Services, in the Administrator’s discretion

10 and under regulations that the Administrator may prescribe, may donate to

11 the American National Red Cross for charitable purposes property that the

12 American National Red Cross processed, produced, or donated and that has

13 been determined to be surplus property.

14 § 552. Abandoned or unclaimed property on Government

15 premises

16 (a) AUTHORITY TO TAKE PROPERTY.—The Administrator of General Serv17 ices may take possession of abandoned or unclaimed property on premises

18 owned or leased by the Federal Government and determine when title to the

19 property vests in the Government. The Administrator may use, transfer, or

20 otherwise dispose of the property.

21 (b) CLAIM FILED BY FORMER OWNER.—If a former owner files a proper

22 claim within three years from the date that title to the property vests in the

23 Government, the former owner shall be paid an amount—

24 (1) equal to the proceeds realized from the disposition of the property

25 less costs incident to care and handling as determined by the Adminis26 trator; or

27 (2) if the property has been used or transferred, equal to the fair value

28 of the property as of the time title vested in the Government less costs

29 incident to care and handling as determined by the Administrator.

30 § 553. Property for correctional facility, law enforcement,

31 and emergency management response purposes

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

33 Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Fed34 erated States of Micronesia, the Marshall Islands, Palau, and, the Northern

35 Mariana Islands.

36 (b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of General

37 Services, in the Administrator’s discretion and under regulations that the Ad38 ministrator may prescribe, may transfer or convey to a State, or political

39 subdivision or instrumentality of a State, surplus real and related personal

40 property that—
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1 (1) the Attorney General determines is required by the transferee or

2 grantee for correctional facility use under a program approved by the

3 Attorney General for the care or rehabilitation of criminal offenders;

4 (2) the Attorney General determines is required by the transferee or

5 grantee for law enforcement purposes; or

6 (3) the Director of the Federal Emergency Management Agency deter7 mines is required by the transferee or grantee for emergency management

8 response purposes including fire and rescue services.

9 (c) NO MONETARY CONSIDERATION.—A transfer or conveyance under this

10 section shall be made without monetary consideration to the Federal Govern11 ment.

12 (d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

13 and related personal property disposed of under this section—

14 (1) shall provide that all of the property be used and maintained for

15 the purpose for which it was conveyed in perpetuity, and that if the

16 property ceases to be used or maintained for that purpose, all or any

17 portion of the property shall, in its then existing condition, at the option

18 of the Government, revert to the Government; and

19 (2) may contain additional terms, reservations, restrictions, and con20 ditions that the Administrator determines are necessary to safeguard the

21 interests of the Government.

22 (e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROP23 ERTY UNDER THIS SECTION.—The Administrator shall determine and enforce

24 compliance with the terms, conditions, reservations, and restrictions contained

25 in an instrument by which a transfer or conveyance under this section is

26 made. The Administrator shall reform, correct, or amend the instrument if

27 necessary to correct the instrument or to conform the transfer to the require28 ments of law. The Administrator shall grant a release from any term, condi29 tion, reservation or restriction contained in the instrument, and shall convey,

30 quitclaim, or release to the transferee (or other eligible user) any right or in31 terest reserved to the Government by the instrument, if the Administrator de32 termines that the property no longer serves the purpose for which it was

33 transferred or that a release, conveyance, or quitclaim deed will not prevent

34 accomplishment of that purpose. The release, conveyance, or quitclaim deed

35 may be made subject to terms and conditions that the Administrator considers

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

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

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

39 (1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means the fol40 lowing:
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1 (A) Title II of the Defense Authorization Amendments and Base

2 Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687

3 note).

4 (B) The Defense Base Closure and Realignment Act of 1990 (part

5 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).

6 (C) Section 2687 of title 10.

7 (2) STATE.—The term ‘‘State’’ includes the District of Columbia,

8 Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated

9 States of Micronesia, the Marshall Islands, Palau, and the Northern

10 Mariana Islands.

11 (b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR12 TATION.—Under regulations that the Administrator of General Services, after

13 consultation with the Secretary of Defense, may prescribe, the Administrator,

14 or the Secretary of Defense in the case of property located at a military in15 stallation closed or realigned pursuant to a base closure law, may assign to

16 the Secretary of Transportation for disposal surplus real property, including

17 buildings, fixtures, and equipment situated on the property, that the Sec18 retary of Transportation recommends as needed for the development or oper19 ation of a port facility.

20 (c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR21 TATION.

22 (1) IN GENERAL.—Subject to disapproval by the Administrator or the

23 Secretary of Defense within 30 days after notice of a proposed convey24 ance by the Secretary of Transportation, the Secretary of Transpor25 tation, for the development or operation of a port facility, may convey

26 property assigned to the Secretary of Transportation under subsection

27 (b) to a State or political subdivision, municipality, or instrumentality

28 of a State.

29 (2) CONVEYANCE REQUIREMENTS.—A transfer of property may be

30 made under this section only after the Secretary of Transportation has—

31 (A) determined, after consultation with the Secretary of Labor,

32 that the property to be conveyed is located in an area of serious eco33 nomic disruption;

34 (B) received and, after consultation with the Secretary of Com35 merce, approved an economic development plan submitted by an eli36 gible grantee and based on assured use of the property to be con37 veyed as part of a necessary economic development program; and

38 (C) transmitted to Congress an explanatory statement that con39 tains information substantially similar to the information con40 tained in statements prepared under section 545(e) of this title.
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1 (d) NO MONETARY CONSIDERATION.—A conveyance under this section shall

2 be made without monetary consideration to the Federal Government.

3 (e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real

4 and related personal property disposed of under this section shall—

5 (1) provide that all of the property be used and maintained for the

6 purpose for which it was conveyed in perpetuity, and that if the prop7 erty ceases to be used or maintained for that purpose, all or any portion

8 of the property shall, in its then existing condition, at the option of the

9 Government, revert to the Government; and

10 (2) contain additional terms, reservations, restrictions, and conditions

11 that the Secretary of Transportation shall by regulation require to ensure

12 use of the property for the purposes for which it was conveyed and to

13 safeguard the interests of the Government.

14 (f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROP15 ERTY UNDER THIS SECTION.—The Secretary of Transportation shall deter16 mine and enforce compliance with the terms, conditions, reservations, and re17 strictions contained in an instrument by which a transfer or conveyance

18 under this section is made. The Secretary shall reform, correct, or amend the

19 instrument if necessary to correct the instrument or to conform the transfer

20 to the requirements of law. The Secretary shall grant a release from any term,

21 condition, reservation or restriction contained in the instrument, and shall

22 convey, quitclaim, or release to the grantee any right or interest reserved to

23 the Government by the instrument, if the Secretary determines that the prop24 erty no longer serves the purpose for which it was transferred or that a re25 lease, conveyance, or quitclaim deed will not prevent accomplishment of that

26 purpose. The release, conveyance, or quitclaim deed may be made subject to

27 terms and conditions that the Secretary considers necessary to protect or ad28 vance the interests of the Government.

29 § 555. Donation of law enforcement canines to handlers

30 The head of a federal agency having control of a canine that has been used

31 by a federal agency in the performance of law enforcement duties and that

32 has been determined by the agency to be no longer needed for official purposes

33 may donate the canine to an individual who has experience handling canines

34 in the performance of those duties.

35 § 556. Disposal of dredge vessels

36 (a) IN GENERAL.—The Administrator of General Services, pursuant to sec37 tions 521 through 527, 529, and 549 of this title, may dispose of a United

38 States Army Corps of Engineers vessel used for dredging, together with related

39 equipment owned by the Federal Government and under the control of the

40 Chief of Engineers, if the Secretary of the Army declares the vessel to be in

41 excess of federal needs.
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1 (b) RECIPIENTS AND PURPOSES.—Disposal under this section is

2 accomplished—

3 (1) through sale or lease to—

4 (A) a foreign government as part of a Corps of Engineers tech5 nical assistance program;

6 (B) a federal or state maritime academy for training purposes;

7 or

8 (C) a non-federal public body for scientific, educational, or cul9 tural purposes; or

10 (2) through sale solely for scrap to foreign or domestic interests.

11 (c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall

12 not be disposed of under any law for the purpose of engaging in dredging

13 activities within the United States.

14 (d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from the sale

15 or lease of a vessel or equipment under this section shall be deposited into

16 the revolving fund authorized by section 101 (9th par.) of the Civil Functions

17 Appropriation Act, 1954 (33 U.S.C. 576), to be available, as provided in ap18 propriation laws, for the operation and maintenance of vessels under the con19 trol of the Corps of Engineers.

20 § 557. Donation of books to Free Public Library

21 Subject to regulations under this subtitle, a book that is no longer needed

22 by an executive department, bureau, or commission of the Federal Govern23 ment, and that is not an advisable addition to the Library of Congress, shall

24 be turned over to the Free Public Library of the District of Columbia for gen25 eral use if the book is appropriate for the Free Public Library.

26 § 558. Donation of forfeited vessels

27 (a) IN GENERAL.—A vessel that is forfeited to the Federal Government may

28 be donated, in accordance with procedures under this subtitle, to an eligible

29 institution described in subsection (b).

30 (b) ELIGIBLE INSTITUTION.—An eligible institution referred to in sub31 section (a) is an educational institution with a commercial fishing vessel safe32 ty program or other vessel safety, education and training program. The insti33 tution must certify to the federal officer making the donation that the pro34 gram includes, at a minimum, all of the following courses in vessel safety:

35 (1) Vessel stability.

36 (2) Firefighting.

37 (3) Shipboard first aid.

38 (4) Marine safety and survival.

39 (5) Seamanship rules of the road.

40 (c) TERMS AND CONDITIONS.—The donation of a vessel under this section

41 shall be made on terms and conditions considered appropriate by the federal
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1 officer making the donation. All of the following terms and conditions are re2 quired:

3 (1) NO WARRANTY.—The institution must accept the vessel as is, where

4 it is, and without warranty of any kind and without any representation

5 as to its condition or suitability for use.

6 (2) MAINTENANCE.—The institution is responsible for maintaining the

7 vessel.

8 (3) INSTRUCTION ONLY.—The vessel may be used only for instructing

9 students in a vessel safety education and training program.

10 (4) DOCUMENTATION.—If the vessel is eligible to be documented, it

11 must be documented by the institution as a vessel of the United States

12 under chapter 121 of title 46. The requirements of paragraph (5) must

13 be noted on the permanent record of the vessel.

14 (5) DISPOSAL.—The institution must obtain prior approval from the

15 Administrator of General Services before disposing of the vessel and any

16 proceeds from disposal shall be payable to the Government.

17 (6) INSPECTION OR REGULATION.—The vessel shall be inspected or reg18 ulated in the same manner as a nautical school vessel under chapter 33

19 of title 46.

20 (d) GOVERNMENT LIABILITY.—The Government is not liable in an action

21 arising out of the transfer or use of a vessel transferred under this section.

22 § 559. Advice of Attorney General with respect to antitrust

23 law

24 (a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes—

25 (1) the Sherman Act (15 U.S.C. 1 et seq.);

26 (2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);

27 (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and

28 (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).

29 (b) ADVICE REQUIRED.—

30 (1) IN GENERAL.—An executive agency shall not dispose of property

31 to a private interest until the agency has received the advice of the Attor32 ney General on whether the disposal to a private interest would tend to

33 create or maintain a situation inconsistent with antitrust law.

34 (2) EXCEPTION.—This section does not apply to disposal of—

35 (A) real property, if the estimated fair market value is less than

36 $3,000,000; or

37 (B) personal property (other than a patent, process, technique, or

38 invention), if the estimated fair market value is less than

39 $3,000,000.

40 (c) NOTICE TO ATTORNEY GENERAL.—
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1 (1) IN GENERAL.—An executive agency that contemplates disposing of

2 property to a private interest shall promptly transmit notice of the pro3 posed disposal, including probable terms and conditions, to the Attorney

4 General.

5 (2) COPY.—Except for the General Services Administration, an execu6 tive agency that transmits notice under paragraph (1) shall simulta7 neously transmit a copy of the notice to the Administrator of General

8 Services.

9 (d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not

10 later than 60 days, after receipt of notice under subsection (c), the Attorney

11 General shall advise the Administrator and any interested executive agency

12 whether, so far as the Attorney General can determine, the proposed disposi13 tion would tend to create or maintain a situation inconsistent with antitrust

14 law.

15 (e) REQUEST FOR INFORMATION.—On request from the Attorney General,

16 the head of an executive agency shall furnish information the agency possesses

17 that the Attorney General determines is appropriate or necessary to—

18 (1) give advice required by this section; or

19 (2) determine whether any other disposition or proposed disposition of

20 surplus property violates antitrust law.

21 (f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,

22 amend, or modify antitrust law or limit or prevent application of antitrust

23 law to a person acquiring property under this subtitle.

24 SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER

25 § 571. General rules for deposit and use of proceeds

26 (a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—

27 (1) IN GENERAL.—Except as otherwise provided in this subchapter,

28 proceeds described in paragraph (2) shall be deposited in the Treasury

29 as miscellaneous receipts.

30 (2) PROCEEDS.—The proceeds referred to in paragraph (1) are pro31 ceeds under this chapter from a—

32 (A) transfer of excess property to a federal agency for agency use;

33 or

34 (B) sale, lease, or other disposition of surplus property.

35 (b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject to regu36 lations under this subtitle, the expenses of the sale of old material, condemned

37 stores, supplies, or other public property may be paid from the proceeds of

38 sale so that only the net proceeds are deposited in the Treasury. This sub39 section applies whether proceeds are deposited as miscellaneous receipts or to

40 the credit of an appropriation as authorized by law.
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1 § 572. Real property

2 (a) IN GENERAL.—

3 (1) SEPARATE FUND.—Except as provided in subsection (b), proceeds

4 of the disposition of surplus real and related personal property by the

5 Administrator of General Services shall be set aside in a separate fund

6 in the Treasury.

7 (2) PAYMENT OF EXPENSES FROM THE FUND.—

8 (A) AUTHORITY.—From the fund described in paragraph (1), the

9 Administrator may obligate an amount to pay the following direct

10 expenses incurred for the use of excess property and the disposal of

11 surplus property under this subtitle:

12 (i) Fees of appraisers, auctioneers, and realty brokers, in ac13 cordance with the scale customarily paid in similar commer14 cial transactions.

15 (ii) Costs of environmental and historic preservation serv16 ices.

17 (iii) Advertising and surveying.

18 (B) LIMITATIONS.—

19 (i) PERCENTAGE LIMITATION.—In each fiscal year, no more

20 than 12 percent of the proceeds of all dispositions of surplus

21 real and related personal property may be paid to meet direct

22 expenses incurred in connection with the dispositions.

23 (ii) DETERMINATION OF MAXIMUM AMOUNT.—The Director

24 of the Office of Management and Budget each quarter shall de25 termine the maximum amount that may be obligated under

26 this paragraph.

27 (C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount obli28 gated under this paragraph may be used to pay an expense directly

29 or to reimburse a fund or appropriation that initially paid the ex30 pense.

31 (3) TRANSFER TO MISCELLANEOUS RECEIPTS.—At least once each

32 year, excess amounts beyond current operating needs shall be transferred

33 from the fund described in paragraph (1) to miscellaneous receipts.

34 (4) REPORT.—A report of receipts, disbursements, and transfers to

35 miscellaneous receipts under this subsection shall be made annually, in

36 connection with the budget estimate, to the Director and to Congress.

37 (b) REAL PROPERTY UNDER CONTROL OF A MILITARY DEPARTMENT.—

38 (1) DEFINITIONS.—In this subsection, the following definitions apply:

39 (A) MILITARY INSTALLATION.—The term ‘‘military installation’’

40 has the meaning given that term in section 2687(e)(1) of title 10.
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1 (B) BASE CLOSURE LAW.—The term ‘‘base closure law’’ has the

2 meaning given that term in section 2667(h)(2) of title 10.

3 (2) APPLICATION.—

4 (A) IN GENERAL.—This subsection applies to real property, in5 cluding any improvement on the property, that is under the control

6 of a military department and that the Secretary of the department

7 determines is excess to the department’s needs.

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

9 (i) damaged or deteriorated military family housing facili10 ties conveyed under section 2854a of title 10; or

11 (ii) property at a military installation designated for clo12 sure or realignment pursuant to a base closure law.

13 (3) TRANSFER BETWEEN MILITARY DEPARTMENTS.—The Secretary of

14 Defense shall provide that property described in paragraph (2) is avail15 able for transfer, without reimbursement, to other military departments

16 within the Department of Defense.

17 (4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL SERV18 ICES.—If property is not transferred pursuant to paragraph (3), the Sec19 retary of the military department with the property under its control

20 shall request the Administrator to transfer or dispose of the property in

21 accordance with this subtitle or other applicable law.

22 (5) PROCEEDS.—

23 (A) DEPOSIT IN SPECIAL ACCOUNT.—For a transfer or disposi24 tion of property pursuant to paragraph (4), the Administrator shall

25 deposit any proceeds (less expenses of the transfer or disposition as

26 provided in subsection (a)) in a special account in the Treasury.

27 (B) AVAILABILITY OF AMOUNT DEPOSITED.—To the extent pro28 vided in an appropriation law, an amount deposited in a special

29 account under subparagraph (A) is available for facility mainte30 nance and repair or environmental restoration as follows:

31 (i) In the case of property located at a military installation

32 that is closed, the amount is available for facility maintenance

33 and repair or environmental restoration by the military de34 partment that had jurisdiction over the property before the clo35 sure of the military installation.

36 (ii) In the case of property located at any other military

37 installation—

38 (I) 50 percent of the amount is available for facility

39 maintenance and repair or environmental restoration at

40 the military installation where the property was located

41 before it was disposed of or transferred; and
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1 (II) 50 percent of the amount is available for facility

2 maintenance and repair and for environmental restora3 tion by the military department that had jurisdiction over

4 the property before it was disposed of or transferred.

5 (6) REPORT.—As part of the annual request for authorizations of ap6 propriations to the Committees on Armed Services of the Senate and the

7 House of Representatives, the Secretary of Defense shall include an ac8 counting of each transfer and disposal made in accordance with this sub9 section during the fiscal year preceding the fiscal year in which the re10 quest is made. The accounting shall include a detailed explanation of

11 each transfer and disposal and of the use of the proceeds received from

12 it by the Department of Defense.

13 § 573. Personal property

14 The Administrator of General Services may retain from the proceeds of

15 sales of personal property the Administrator conducts amounts necessary to

16 recover, to the extent practicable, costs the Administrator (or the Administra17 tor’s agent) incurs in conducting the sales. The Administrator shall deposit

18 amounts retained into the General Supply Fund established under section

19 321(a) of this title. From the amounts deposited, the Administrator may pay

20 direct costs and reasonably related indirect costs incurred in conducting sales

21 of personal property. At least once each year, amounts retained that are not

22 needed to pay the direct and indirect costs shall be transferred from the Gen23 eral Supply Fund to the general fund or another appropriate account in the

24 Treasury.

25 § 574. Other rules regarding proceeds

26 (a) CREDIT TO REIMBURSABLE FUND OR APPROPRIATION.—

27 (1) APPLICATION.—This subsection applies to property acquired with

28 amounts—

29 (A) not appropriated from the general fund of the Treasury; or

30 (B) appropriated from the general fund of the Treasury but by

31 law reimbursable from assessment, tax, or other revenue or receipts.

32 (2) IN GENERAL.—The net proceeds of a disposition or transfer of

33 property described in paragraph (1) shall be—

34 (A) credited to the applicable reimbursable fund or appropria35 tion; or

36 (B) paid to the federal agency that determined the property to

37 be excess.

38 (3) CALCULATION OF NET PROCEEDS.—For purposes of this subsection,

39 the net proceeds of a disposition or transfer of property are the proceeds

40 less all expenses incurred for the disposition or transfer, including care

41 and handling.
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1 (4) ALTERNATIVE CREDIT TO MISCELLANEOUS RECEIPTS.—If the agen2 cy that determined the property to be excess decides that it is uneco3 nomical or impractical to ascertain the amount of net proceeds, the pro4 ceeds shall be credited to miscellaneous receipts.

5 (b) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

6 (1) DEPOSITS.—A federal agency that disposes of surplus property

7 under this chapter may deposit, in a special account in the Treasury,

8 amounts of the proceeds of the dispositions that the agency decides are

9 necessary to permit—

10 (A) appropriate refunds to purchasers for dispositions that are

11 rescinded or that do not become final; and

12 (B) payments for breach of warranty.

13 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a spe14 cial account under paragraph (1) may withdraw amounts to be refunded

15 or paid from the account without regard to the origin of the amounts

16 withdrawn.

17 (c) CREDIT TO COST OF CONTRACTOR’S WORK.—If a contract made by an

18 executive agency, or a subcontract under that contract, authorizes the proceeds

19 of a sale of property in the custody of a contractor or subcontractor to be cred20 ited to the price or cost of work covered by the contract or subcontract, then

21 the proceeds of the sale shall be credited in accordance with the contract or

22 subcontract.

23 (d) ACCEPTANCE OF PROPERTY INSTEAD OF CASH.—An executive agency

24 entitled to receive cash under a contract for the lease, sale, or other disposition

25 of surplus property may accept property instead of cash if the President de26 termines that the property is strategic or critical material. The property is

27 valued at the prevailing market price when the cash payment becomes due.

28 (e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a disposition

29 of surplus property under this chapter, if credit has been extended, or if the

30 disposition has been by lease or permit, the Administrator of General Serv31 ices, in a manner and on terms the Administrator determines are in the best

32 interest of the Federal Government—

33 (1) shall administer and manage the credit, lease, or permit, and any

34 security for the credit, lease, or permit; and

35 (2) may enforce, adjust, and settle any right of the Government with

36 respect to the credit, lease, or permit.
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1 SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED

2 ACTIVITIES

3 § 581. General authority of Administrator of General Serv4 ices

5 (a) APPLICABILITY.—To the extent that the Administrator of General Serv6 ices by law, other than this section, may maintain, operate, and protect build7 ings or property, including the construction, repair, preservation, demolition,

8 furnishing, or equipping of buildings or property, the Administrator, in the

9 discharge of these duties, may exercise authority granted under this section.

10 (b) PERSONNEL AND EQUIPMENT.—The Administrator may—

11 (1) employ and pay personnel at per diem rates approved by the Ad12 ministrator, not exceeding rates currently paid by private industry for

13 similar services in the place where the services are performed;

14 (2) purchase, repair, and clean uniforms for civilian employees of the

15 General Services Administration who are required by law or regulation

16 to wear uniform clothing; and

17 (3) furnish arms and ammunition for the protection force the Admin18 istration maintains.

19 (c) ACQUISITION AND MANAGEMENT OF PROPERTY.—

20 (1) REAL ESTATE.—The Administrator may acquire, by purchase,

21 condemnation, or otherwise, real estate and interests in real estate.

22 (2) GROUND RENT.—The Administrator may pay ground rent for

23 buildings owned by the Federal Government or occupied by federal agen24 cies, and pay the rent in advance if required by law or if the Adminis25 trator determines that advance payment is in the public interest.

26 (3) RENT AND REPAIRS UNDER A LEASE.—The Administrator may

27 pay rent and make repairs, alterations, and improvements under the

28 terms of a lease entered into by, or transferred to, the Administration

29 for the housing of a federal agency.

30 (4) REPAIRS THAT ARE ECONOMICALLY ADVANTAGEOUS.—The Admin31 istrator may repair, alter, or improve rented premises if the Adminis32 trator determines that doing so is advantageous to the Government in

33 terms of economy, efficiency, or national security. The Administrator’s

34 determination must—

35 (A) set forth the circumstances that make the repair, alteration,

36 or improvement advantageous; and

37 (B) show that the total cost (rental, repair, alteration, and im38 provement) for the expected life of the lease is less than the cost of

39 alternative space not needing repair, alteration, or improvement.

40 (5) INSURANCE PROCEEDS FOR DEFENSE INDUSTRIAL RESERVE.—At

41 the direction of the Secretary of Defense, the Administrator may use in-
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1 surance proceeds received for damage to property that is part of the De2 fense Industrial Reserve to repair or restore the property.

3 (6) MAINTENANCE CONTRACTS.—The Administrator may enter into a

4 contract, for a period not exceeding five years, for the inspection, mainte5 nance, and repair of fixed equipment in a federally owned building.

6 (d) LEASE OF FEDERAL BUILDING SITES.—

7 (1) IN GENERAL.—The Administrator may lease a federal building site

8 or addition, including any improvements, until the site is needed for

9 construction purposes. The lease must be for fair rental value and on

10 other terms and conditions the Administrator considers to be in the pub11 lic interest pursuant to section 545 of this title.

12 (2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this sub13 section may be negotiated without public advertising for bids if—

14 (A) the lessee is—

15 (i) the former owner from whom the Government acquired

16 the property; or

17 (ii) the former owner’s tenant in possession; and

18 (B) the lease is negotiated incident to or in connection with the

19 acquisition of the property.

20 (3) DEPOSIT OF RENT.—Rent received under this subsection may be

21 deposited into the Federal Buildings Fund.

22 (e) ASSISTANCE TO THE INAUGURAL COMMITTEE.—The Administrator may

23 provide direct assistance and special services for the Inaugural Committee (as

24 defined in section 501 of title 36) during an inaugural period in connection

25 with Presidential inaugural operations and functions. Assistance and services

26 under this subsection may include—

27 (1) employment of personal services without regard to chapters 33 and

28 51 and subchapter III of chapter 53 of title 5;

29 (2) providing Government-owned and leased space for personnel and

30 parking;

31 (3) paying overtime to guard and custodial forces;

32 (4) erecting and removing stands and platforms;

33 (5) providing and operating first-aid stations;

34 (6) providing furniture and equipment; and

35 (7) providing other incidental services in the discretion of the Admin36 istrator.

37 (f) UTILITIES FOR DEFENSE INDUSTRIAL RESERVE AND SURPLUS PROP38 ERTY.—The Administrator may—

39 (1) provide utilities and services, if the utilities and services are not

40 provided by other sources, to a person, firm, or corporation occupying

41 or using a plant or portion of a plant that constitutes—
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1 (A) any part of the Defense Industrial Reserve pursuant to sec2 tion 2535 of title 10; or

3 (B) surplus real property; and

4 (2) credit an amount received for providing utilities and services

5 under this subsection to an applicable appropriation of the Administra6 tion.

7 (g) OBTAINING PAYMENTS.—The Administrator may—

8 (1) obtain payments, through advances or otherwise, for services,

9 space, quarters, maintenance, repair, or other facilities furnished, on a

10 reimbursable basis, to a federal agency, a mixed-ownership Government

11 corporation (as defined in chapter 91 of title 31), or the District of Co12 lumbia; and

13 (2) credit the payments to the applicable appropriation of the Admin14 istration.

15 (h) COOPERATIVE USE OF PUBLIC BUILDINGS.—

16 (1) LEASING SPACE FOR COMMERCIAL AND OTHER PURPOSES.—The

17 Administrator may lease space on a major pedestrian access level, court18 yard, or rooftop of a public building to a person, firm, or organization

19 engaged in commercial, cultural, educational, or recreational activity (as

20 defined in section 3306(a) of this title). The Administrator shall establish

21 a rental rate for leased space equivalent to the prevailing commercial

22 rate for comparable space devoted to a similar purpose in the vicinity

23 of the public building. The lease may be negotiated without competitive

24 bids, but shall contain terms and conditions and be negotiated pursuant

25 to procedures that the Administrator considers necessary to promote com26 petition and to protect the public interest.

27 (2) OCCASIONAL USE OF SPACE FOR NON-COMMERCIAL PURPOSES.—

28 The Administrator may make available, on occasion, or lease at a rate

29 and on terms and conditions that the Administrator considers to be in

30 the public interest, an auditorium, meeting room, courtyard, rooftop, or

31 lobby of a public building to a person, firm, or organization engaged in

32 cultural, educational, or recreational activity (as defined in section

33 3306(a) of this title) that will not disrupt the operation of the building.

34 (3) DEPOSIT AND CREDIT OF AMOUNTS RECEIVED.—The Adminis35 trator may deposit into the Federal Buildings Fund an amount received

36 under a lease or rental executed pursuant to paragraph (1) or (2). The

37 amount shall be credited to the appropriation from the Fund applicable

38 to the operation of the building.

39 (4) FURNISHING UTILITIES AND MAINTENANCE.—The Administrator

40 may furnish utilities, maintenance, repair, and other services to a per41 son, firm, or organization leasing space pursuant to paragraph (1) or
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1 (2). The services may be provided during and outside of regular working

2 hours of federal agencies.

3 § 582. Management of buildings by Administrator of General

4 Services

5 (a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the request

6 of a federal agency, a mixed-ownership Government corporation (as defined

7 in chapter 91 of title 31), or the District of Columbia, the Administrator of

8 General Services may operate, maintain, and protect a building that is owned

9 by the Federal Government (or, in the case of a wholly owned or mixed-own10 ership Government corporation, by the corporation) and occupied by the agen11 cy or instrumentality making the request.

12 (b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MANAGE13 MENT AND BUDGET.—

14 (1) IN GENERAL.—When the Director of the Office of Management and

15 Budget determines that it is in the interest of economy or efficiency, the

16 Director shall transfer to the Administrator all functions vested in a fed17 eral agency with respect to the operation, maintenance, and custody of

18 an office building owned by the Government or a wholly owned Govern19 ment corporation, or an office building, or part of an office building,

20 that is occupied by a federal agency under a lease.

21 (2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of functions

22 shall not be made under this subsection for a post-office building, unless

23 the Director determines that the building is not used predominantly for

24 post-office purposes. The Administrator may delegate functions with re25 spect to a post-office building that are transferred to the Administrator

26 under this subsection only to another officer or employee of the General

27 Services Administration or to the Postmaster General.

28 (3) EXCEPTION FOR BUILDINGS IN A FOREIGN COUNTRY.—A transfer

29 of functions shall not be made under this subsection for a building lo30 cated in a foreign country.

31 (4) EXCEPTION FOR DEPARTMENT OF DEFENSE BUILDINGS.—A trans32 fer of functions shall not be made under this subsection for a building

33 located on the grounds of a facility of the Department of Defense (includ34 ing a fort, camp, post, arsenal, navy yard, naval training station, air35 field, proving ground, military supply depot, or school) unless and only

36 to the extent that the Secretary of Defense has issued a permit for use

37 by another agency.

38 (5) EXCEPTION FOR GROUPS OF SPECIAL PURPOSE BUILDINGS.—A

39 transfer of functions shall not be made under this subsection for a build40 ing that the Director finds to be a part of a group of buildings that

41 are—
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1 (A) located in the same vicinity;

2 (B) used wholly or predominantly for the special purposes of the

3 agency with custody of the buildings; and

4 (C) not generally suitable for use by another agency.

5 (6) EXCEPTION FOR CERTAIN GOVERNMENT BUILDINGS.—A transfer of

6 functions shall not be made under this subsection for the Treasury Build7 ing, the Bureau of Engraving and Printing Building, the buildings occu8 pied by the National Institute of Standards and Technology, and the

9 buildings under the jurisdiction of the regents of the Smithsonian Insti10 tution.

11 § 583. Construction of buildings

12 (a) AUTHORITY.—At the request of a federal agency, a mixed-ownership

13 Government corporation (as defined in chapter 91 of title 31), or the District

14 of Columbia, the Administrator of General Services may—

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

16 (2) make or cause to be made (under contract or otherwise) surveys

17 and test borings and prepare plans and specifications for a building or

18 project prior to the Attorney General’s approval of the title to the site;

19 and

20 (3) contract for, and supervise, the construction, development, and

21 equipping of a building or project.

22 (b) TRANSFER OF AMOUNTS.—An amount available to a federal agency or

23 instrumentality for a building or project may be transferred, in advance, to

24 the General Services Administration for purposes the Administrator deter25 mines are necessary, including payment of salaries and expenses for pre26 paring plans and specifications and for field supervision.

27 § 584. Assignment and reassignment of space

28 (a) AUTHORITY.—

29 (1) IN GENERAL.—Subject to paragraph (2), the Administrator of

30 General Services may assign or reassign space for an executive agency

31 in any Federal Government-owned or leased building.

32 (2) REQUIREMENTS.—The Administrator’s authority under paragraph

33 (1) may be exercised only—

34 (A) in accordance with policies and directives the President pre35 scribes under section 121(a) of this title;

36 (B) after consultation with the head of the executive agency af37 fected; and

38 (C) on a determination by the Administrator that the assignment

39 or reassignment is advantageous to the Government in terms of

40 economy, efficiency, or national security.
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1 (b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pedes2 trian access level (other than space leased under section 581(h)(1) or (2) of

3 this title), the Administrator shall, where practicable, give priority to federal

4 activities requiring regular contact with the public. If the space is not avail5 able, the Administrator shall provide space with maximum ease of access to

6 building entrances.

7 § 585. Lease agreements

8 (a) IN GENERAL.—

9 (1) AUTHORITY.—The Administrator of General Services may enter

10 into a lease agreement with a person, copartnership, corporation, or

11 other public or private entity for the accommodation of a federal agency

12 in a building (or improvement) which is in existence or being erected

13 by the lessor to accommodate the federal agency. The Administrator may

14 assign and reassign the leased space to a federal agency.

15 (2) TERMS.—A lease agreement under this subsection shall be on terms

16 the Administrator considers to be in the interest of the Federal Govern17 ment and necessary for the accommodation of the federal agency. How18 ever, the lease agreement may not bind the Government for more than

19 20 years and the obligation of amounts for a lease under this subsection

20 is limited to the current fiscal year for which payments are due without

21 regard to section 1341(a)(1)(B) of title 31.

22 (b) SUBLEASE.—

23 (1) APPLICATION.—This subsection applies to rent received if the

24 Administrator—

25 (A) determines that an unexpired portion of a lease of space to

26 the Government is surplus property; and

27 (B) disposes of the property by sublease.

28 (2) USE OF RENT.—Notwithstanding section 571(a) of this title, the

29 Administrator may deposit rent received into the Federal Buildings

30 Fund. The Administrator may defray from the fund any costs necessary

31 to provide services to the Government’s lessee and to pay the rent (not

32 otherwise provided for) on the lease of the space to the Government.

33 (c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV34 ERNMENT LAND.—Amounts made available to the General Services Adminis35 tration for the payment of rent may be used to lease space, for a period of

36 not more than 30 years, in buildings erected on land owned by the Govern37 ment.

38 § 586. Charges for space and services

39 (a) DEFINITION.—In this section, ‘‘space and services’’ means space, serv40 ices, quarters, maintenance, repair, and other facilities.

41 (b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—
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1 (1) IN GENERAL.—The Administrator of General Services shall impose

2 a charge for furnishing space and services.

3 (2) RATES.—The Administrator shall, from time to time, determine

4 the rates to be charged for furnishing space and services and shall pre5 scribe regulations providing for the rates. The rates shall approximate

6 commercial charges for comparable space and services. However, for a

7 building for which the Administrator is responsible for alterations only

8 (as the term ‘‘alter’’ is defined in section 3301(a) of this title), the rates

9 shall be fixed to recover only the approximate cost incurred in providing

10 alterations.

11 (3) EXEMPTIONS.—The Administrator may exempt anyone from the

12 charges required by this subsection when the Administrator determines

13 that charges would be infeasible or impractical. To the extent an exemp14 tion is granted, appropriations to the General Services Administration

15 are authorized to reimburse the Federal Buildings Fund for any loss of

16 revenue.

17 (c) CHARGES BY EXECUTIVE AGENCIES.—

18 (1) IN GENERAL.—An executive agency, other than the Administra19 tion, may impose a charge for furnishing space and services at rates ap20 proved by the Administrator.

21 (2) CREDITING AMOUNTS RECEIVED.—An amount an executive agency

22 receives under this subsection shall be credited to the appropriation or

23 fund initially charged for providing the space or service. However,

24 amounts in excess of actual operating and maintenance costs shall be

25 credited to miscellaneous receipts unless otherwise provided by law.

26 (d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent pay27 ments to the Administration for lease space relating to expansion needs of the

28 agency. Payment rates shall approximate commercial charges for comparable

29 space as provided in subsection (b). Payments shall be deposited into the Fed30 eral Buildings Fund. The Administration may use amounts received under

31 this subsection, in addition to amounts received as New Obligational Author32 ity, in the Rental of Space activity of the Fund.

33 § 587. Telecommuting and other alternative workplace ar34 rangements

35 (a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’ means

36 flexiplace work telecommuting centers.

37 (b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF GEN38 ERAL SERVICES.—

39 (1) ESTABLISHMENT.—The Administrator of General Services may ac40 quire space for, establish, and equip telecommuting centers for use in ac41 cordance with this subsection.
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1 (2) USE.—A telecommuting center may be used by employees of fed2 eral agencies, state and local governments, and the private sector. The

3 Administrator shall give federal employees priority in using a telecom4 muting center. The Administrator may make a telecommuting center

5 available for use by others to the extent it is not fully utilized by federal

6 employees.

7 (3) USER FEES.—The Administrator shall charge a user fee for the use

8 of a telecommuting center. The amount of the user fee shall approximate

9 commercial charges for comparable space and services. However, the user

10 fee may not be less than necessary to pay the cost of establishing and

11 operating the telecommuting center, including the reasonable cost of ren12 ovation and replacement of furniture, fixtures, and equipment.

13 (4) DEPOSIT AND USE OF FEES.—The Administrator may—

14 (A) deposit user fees into the Federal Buildings Fund and use the

15 fees to pay costs incurred in establishing and operating the telecom16 muting center; and

17 (B) accept and retain income received by the General Services

18 Administration, from federal agencies and non-federal sources, to

19 defray costs directly associated with the functions of telecommuting

20 centers.

21 (c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY EX22 ECUTIVE AGENCIES AND OTHERS.—

23 (1) DEFINITION.—In this subsection, the term ‘‘alternative workplace

24 arrangements’’ includes telecommuting, hoteling, virtual offices, and

25 other distributive work arrangements.

26 (2) CONSIDERATION BY EXECUTIVE AGENCIES.—In considering wheth27 er to acquire space, quarters, buildings, or other facilities for use by em28 ployees, the head of an executive agency shall consider whether needs can

29 be met using alternative workplace arrangements.

30 (3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro31 vide guidance, assistance, and oversight to any person regarding the es32 tablishment and operation of alternative workplace arrangements.

33 (d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING PRO34 GRAMS.—

35 (1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele36 commuting program’’ means a program under which employees of a de37 partment or agency set out in paragraph (2) are permitted to perform

38 all or a portion of their duties at a telecommuting center established

39 under this section or other federal law.

40 (2) MINIMUM FUNDING.—For each of the following departments and

41 agencies, in each fiscal year at least $50,000 of amounts made available
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1 for salaries and expenses is available only for carrying out a flexiplace

2 work telecommuting program:

3 (A) Department of Agriculture.

4 (B) Department of Commerce.

5 (C) Department of Defense.

6 (D) Department of Education.

7 (E) Department of Energy.

8 (F) Department of Health and Human Services.

9 (G) Department of Housing and Urban Development.

10 (H) Department of the Interior.

11 (I) Department of Justice.

12 (J) Department of Labor.

13 (K) Department of State.

14 (L) Department of Transportation.

15 (M) Department of the Treasury.

16 (N) Department of Veterans Affairs.

17 (O) Environmental Protection Agency.

18 (P) General Services Administration.

19 (Q) Office of Personnel Management.

20 (R) Small Business Administration.

21 (S) Social Security Administration.

22 (T) United States Postal Service.

23 § 588. Movement and supply of office furniture

24 (a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a sub25 stantial and identifiable segment of space (such as a building, floor, or wing)

26 in a location that the Administrator of General Services controls for purposes

27 of assignment of space.

28 (b) APPLICATION.—This section applies if an agency (or unit of the agen29 cy), moves from one controlled space to another, whether in the same or a

30 different location.

31 (c) MOVING EXISTING FURNITURE.—The furniture and furnishings used by

32 an agency (or organizational unit of the agency) shall be moved only if the

33 Administrator determines, after consultation with the head of the agency and

34 with due regard for the program activities of the agency, that it would not

35 be more economical and efficient to make suitable replacements available in

36 the new controlled space.

37 (d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter38 mination under subsection (c), suitable furniture and furnishings for the new

39 controlled space shall be provided from stocks under the control of the moving

40 agency or from stocks available to the Administrator, whichever the Adminis-
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1 trator determines to be more economical and efficient. However, the same or

2 similar items may not be provided from both sources.

3 (e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and furnishings

4 for a new controlled space are provided from stocks available to the Adminis5 trator, the items being provided remain in the control of the Administrator.

6 (f) CONTROL OF FURNITURE NOT MOVED.—

7 (1) IN GENERAL.—If furniture and furnishings for a new controlled

8 space are provided from stocks available to the Administrator, the fur9 niture and furnishings that were previously used by the moving agency

10 (or unit of the agency) pass to the control of the Administrator.

11 (2) REIMBURSEMENT.—

12 (A) IN GENERAL.—Furniture and furnishings passing to the con13 trol of the Administrator under this section pass without reimburse14 ment.

15 (B) EXCEPTION FOR TRUST FUND.—If furniture and furnishings

16 that were purchased from a trust fund pass to the control of the Ad17 ministrator under this section, the Administrator shall reimburse

18 the trust fund for the fair market value of the furniture and fur19 nishings.

20 (3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur21 nishings are carried as assets of a revolving or working capital fund at

22 the time they pass to the control of the Administrator under this section,

23 the net book value of the furniture and furnishings shall be written off

24 and the capital of the fund is diminished by the amount of the write25 off.

26 § 589. Installation, repair, and replacement of sidewalks

27 (a) IN GENERAL.—An executive agency may install, repair, and replace

28 sidewalks around buildings, installations, property, or grounds that are—

29 (1) under the agency’s control;

30 (2) owned by the Federal Government; and

31 (3) located in a State, the District of Columbia, Puerto Rico, or a ter32 ritory or possession of the United States.

33 (b) REIMBURSEMENT.—Subsection (a) may be carried out by—

34 (1) reimbursement to a State or political subdivision of a State, the

35 District of Columbia, Puerto Rico, or a territory or possession of the

36 United States; or

37 (2) a means other than reimbursement.

38 (c) REGULATIONS.—Subsection (a) shall be carried out in accordance with

39 regulations the Administrator of General Services prescribes with the ap40 proval of the Director of the Office of Management and Budget.
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1 (d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for

2 installation, repair, and maintenance, generally, are available to carry out

3 this section.

4 (e) LIABILITY.—This section does not increase or enlarge the tort liability

5 of the Government for injuries to individuals or damages to property.

6 § 590. Child care

7 (a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General Serv8 ices Administration’s licensing agreements, the Administrator of General

9 Services shall provide guidance, assistance, and oversight to federal agencies

10 for the development of child care centers to provide economical and effective

11 child care for federal workers.

12 (b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—

13 (1) DEFINITIONS.—In this subsection, the following definitions apply:

14 (A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’

15 means an individual or entity that provides or proposes to provide

16 child care services for federal employees.

17 (B) ALLOTMENT OFFICER.—The term ‘‘allotment officer’’ means

18 an officer or agency of the Federal Government charged with the al19 lotment of space in federal buildings.

20 (2) ALLOTMENT.—A child care provider may be allotted space in a

21 federal building by an allotment officer if—

22 (A) the child care provider applies to the allotment officer in the

23 community or district in which child care services are to be pro24 vided;

25 (B) the space is available; and

26 (C) the allotment officer determines that—

27 (i) the space will be used to provide child care services to

28 children of whom at least 50 percent have one parent or guard29 ian employed by the Government; and

30 (ii) the child care provider will give priority to federal em31 ployees for available child care services in the space.

32 (c) PAYMENT FOR SPACE AND SERVICES.—

33 (1) DEFINITION.—For purposes of this subsection, the term ‘‘services’’

34 includes the providing of lighting, heating, cooling, electricity, office fur35 niture, office machines and equipment, classroom furnishings and equip36 ment, kitchen appliances, playground equipment, telephone service (in37 cluding installation of lines and equipment and other expenses associated

38 with telephone services), and security systems (including installation and

39 other expenses associated with security systems), including replacement

40 equipment, as needed.
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1 (2) NO CHARGE.—Space allotted under subsection (b) may be provided

2 without charge for rent or services.

3 (3) REIMBURSEMENT FOR COSTS.—For space allotted under subsection

4 (b), if there is an agreement for the payment of costs associated with pro5 viding space or services, neither title 31, nor any other law, prohibits

6 or restricts payment by reimbursement to the miscellaneous receipts or

7 other appropriate account of the Treasury.

8 (d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility

9 in its space, or is a sponsoring agency for a child care facility in other federal

10 or leased space, the agency or the Administration may—

11 (1) pay accreditation fees, including renewal fees, for the child care

12 facility to be accredited by a nationally recognized early-childhood pro13 fessional organization;

14 (2) pay travel and per diem expenses for representatives of the child

15 care facility to attend the annual Administration child care conference;

16 and

17 (3) enter into a consortium with one or more private entities under

18 which the private entities assist in defraying costs associated with the

19 salaries and benefits for personnel providing services at the facility.

20 (e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding section

21 1345 of title 31, an agency, department, or instrumentality of the Government

22 that provides or proposes to provide child care services for federal employees

23 may reimburse a federal employee or any individual employed to provide

24 child care services for travel, transportation, and subsistence expenses in25 curred for training classes, conferences, or other meetings in connection with

26 providing the services. A per diem allowance made under this subsection may

27 not exceed the rate specified in regulations prescribed under section 5707 of

28 title 5.

29 (f) CRIMINAL HISTORY BACKGROUND CHECKS.—

30 (1) DEFINITION.—In this subsection, the term ‘‘executive facility’’

31 means a facility owned or leased by an office or entity within the execu32 tive branch of the Government. The term includes a facility owned or

33 leased by the General Services Administration on behalf of an office or

34 entity within the judicial branch of the Government.

35 (2) IN GENERAL.—All workers in a child care center located in an ex36 ecutive facility shall undergo a criminal history background check as de37 fined in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041).

38 (3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This sub39 section does not apply to a facility owned by or leased on behalf of an

40 office or entity within the legislative branch of the Government.

41 (g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—
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1 (1) DEFINITION.—For purposes of this subsection, the term ‘‘Executive

2 agency’’ has the meaning given that term in section 105 of title 5, but

3 does not include the General Accounting Office.

4 (2) IN GENERAL.—In accordance with regulations the Office of Per5 sonnel Management prescribes, an Executive agency that provides or pro6 poses to provide child care services for federal employees may use appro7 priated amounts that are otherwise available for salaries and expenses

8 to provide child care in a federal or leased facility, or through contract,

9 for civilian employees of the agency.

10 (3) AFFORDABILITY.—Amounts used pursuant to paragraph (2) shall

11 be applied to improve the affordability of child care for lower income fed12 eral employees using or seeking to use the child care services.

13 (4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts

14 may be paid in advance to licensed or regulated child care providers for

15 services to be rendered during an agreed period.

16 (5) NOTIFICATION.—No amounts made available by law may be used

17 to implement this subsection without advance notice to the Committees

18 on Appropriations of the House of Representatives and the Senate.

19 § 591. Purchase of electricity

20 (a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agency,

21 or instrumentality of the Federal Government may not use amounts appro22 priated or made available by any law to purchase electricity in a manner

23 inconsistent with state law governing the provision of electric utility service,

24 including—

25 (1) state utility commission rulings; and

26 (2) electric utility franchises or service territories established under

27 state statute, state regulation, or state-approved territorial agreements.

28 (b) EXCEPTIONS.—

29 (1) ENERGY SAVINGS.—This section does not preclude the head of a

30 federal agency from entering into a contract under section 801 of the Na31 tional Energy Conservation Policy Act (42 U.S.C. 8287).

32 (2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section

33 does not preclude the Secretary of a military department from—

34 (A) entering into a contract under section 2394 of title 10; or

35 (B) purchasing electricity from any provider if the Secretary

36 finds that the utility having the applicable state-approved franchise

37 (or other service authorization) is unwilling or unable to meet un38 usual standards of service reliability that are necessary for purposes

39 of national defense.
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1 § 592. Federal Buildings Fund

2 (a) EXISTENCE.—There is in the Treasury a fund known as the Federal

3 Buildings Fund.

4 (b) DEPOSITS.—

5 (1) IN GENERAL.—The following revenues and collections shall be de6 posited into the Fund:

7 (A) User charges under section 586(b) of this title, payable in ad8 vance or otherwise.

9 (B) Proceeds from the lease of federal building sites or additions

10 under section 581(d) of this title.

11 (C) Receipts from carriers and others for loss of, or damage to,

12 property belonging to the Fund.

13 (2) REIMBURSEMENTS FOR SPECIAL SERVICES.—This subchapter does

14 not preclude the Administrator of General Services from providing spe15 cial services, not included in the standard level user charge, on a reim16 bursable basis. The reimbursements may be credited to the Fund.

17 (3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumulation

18 of excessive surpluses in the Fund, in any fiscal year an amount speci19 fied in an appropriation law may be transferred out of the Fund and

20 deposited as miscellaneous receipts in the Treasury.

21 (c) USES.—

22 (1) IN GENERAL.—Deposits in the Fund are available for real prop23 erty management and related activities in the amounts specified in an24 nual appropriation laws without regard to fiscal year limitations.

25 (2) SALARIES AND EXPENSES RELATED TO CONSTRUCTION PROJECTS

26 OR PLANNING PROGRAMS.—Deposits in the Fund that are available pur27 suant to annual appropriation laws may be transferred and consolidated

28 on the books of the Treasury into a special account in accordance with,

29 and for the purposes specified in, section 3176 of this title.

30 (3) REPAYMENT OF GENERAL SERVICES ADMINISTRATION BORROWING

31 FROM FEDERAL FINANCING BANK.—The Administrator, in accordance

32 with rules and procedures that the Office of Management and Budget

33 and the Secretary of the Treasury establish, may transfer from the Fund

34 an amount necessary to repay the principal amount of a General Serv35 ices Administration borrowing from the Federal Financing Bank, if the

36 borrowing is a legal obligation of the Fund.

37 (4) BUILDINGS DEEMED FEDERALLY OWNED.—For purposes of

38 amounts authorized to be expended from the Fund, the following are

39 deemed to be federally owned buildings:
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1 (A) A building constructed pursuant to the purchase contract au2 thority of section 5 of the Public Buildings Amendments of 1972

3 (Public Law 92–313, 86 Stat. 219).

4 (B) A building occupied pursuant to an installment purchase

5 contract.

6 (C) A building under the control of a department or agency, if

7 alterations of the building are required in connection with moving

8 the department or agency from a former building that is, or will

9 be, under the control of the Administration.

10 (d) ENERGY MANAGEMENT PROGRAMS.—

11 (1) RECEIVING CASH INCENTIVES.—The Administrator may receive

12 amounts from rebates or other cash incentives related to energy savings

13 and shall deposit the amounts in the Fund for use as provided in para14 graph (4).

15 (2) RECEIVING GOODS OR SERVICES.—The Administrator may accept,

16 from a utility, goods or services that enhance the energy efficiency of fed17 eral facilities.

18 (3) ASSIGNMENT OF ENERGY REBATES.—In the administration of real

19 property that the Administrator leases and for which the Administrator

20 pays utility costs, the Administrator may assign all or a portion of en21 ergy rebates to the lessor to underwrite the costs incurred in undertaking

22 energy efficiency improvements in the real property if the payback pe23 riod for the improvement is at least 2 years less than the remainder of

24 the term of the lease.

25 (4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVEMENT

26 PROGRAMS.—In addition to amounts appropriated for energy manage27 ment improvement programs and without regard to subsection (c)(1), the

28 Administrator may obligate for those programs—

29 (A) amounts received and deposited in the Fund under para30 graph (1);

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

32 (C) amounts the Administrator determines are not needed for

33 other authorized projects and that are otherwise available to imple34 ment energy efficiency programs.

35 (e) RECYCLING PROGRAMS.—

36 (1) RECEIVING AMOUNTS.—The Administrator may receive amounts

37 from the sale of recycled materials and shall deposit the amounts in the

38 Fund for use as provided in paragraph (2).

39 (2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition to

40 amounts appropriated for such purposes and without regard to sub-
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1 section (c)(1), the Administrator may obligate amounts received and de2 posited in the Fund under paragraph (1) for programs which—

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

4 and

5 (B) encourage employees to participate in recycling programs by

6 providing financing for child care.

7 (f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND RE8 CYCLING PROGRAMS.—The Fund may receive, in the form of rebates, cash in9 centives or otherwise, any revenues, collections, or other income related to en10 ergy savings or recycling efforts. Amounts received under this subsection re11 main in the Fund until expended and remain available for federal energy

12 management improvement programs, recycling programs, or employee pro13 grams that are authorized by law or that the Administrator considers appro14 priate. The Administration may use amounts received under this subsection,

15 in addition to amounts received as New Obligational Authority, in activities

16 of the Fund as necessary.

17 § 593. Protection for veterans preference employees

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

19 (1) COVERED SERVICES.—The term ‘‘covered services’’ means any

20 guard, elevator operator, messenger, or custodial services.

21 (2) SHELTERED WORKSHOP.—The term ‘‘sheltered workshop’’ means a

22 sheltered workshop employing the severely handicapped under the Javits23 Wagner-O’Day Act (41 U.S.C. 46 et seq.).

24 (b) IN GENERAL.—Except as provided in subsection (c), amounts made

25 available to the Administration pursuant to section 592 of this title may not

26 be obligated or expended to procure covered services by contract if an em27 ployee who was a permanent veterans preference employee of the Administra28 tion on November 19, 1995, would be terminated as a result.

29 (c) EXCEPTION.—Amounts made available to the Administration pursuant

30 to section 592 of this title may be obligated and expended to procure covered

31 services by contract with a sheltered workshop or, if sheltered workshops de32 cline to contract for the provision of covered services, by competitive contract

33 for a period of no longer than 5 years. When a competitive contract expires,

34 or is terminated for any reason, the Administration shall again offer to pro35 cure the covered services by contract with a sheltered workshop before pro36 curing the covered services by competitive contract.
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1 SUBCHAPTER VI—MOTOR VEHICLE POOLS AND

2 TRANSPORTATION SYSTEMS

3 § 601. Purposes

4 In order to provide an economical and efficient system for transportation

5 of Federal Government personnel and property consistent with section 101 of

6 this title, the purposes of this subchapter are—

7 (1) to establish procedures to ensure safe operation of motor vehicles

8 on Government business;

9 (2) to provide for proper identification of Government motor vehicles;

10 (3) to establish an effective means to limit the use of Government

11 motor vehicles to official purposes;

12 (4) to reduce the number of Government-owned vehicles to the min13 imum necessary to transact public business; and

14 (5) to provide wherever practicable for centrally operated interagency

15 pools or systems for local transportation of Government personnel and

16 property.

17 § 602. Authority to establish motor vehicle pools and trans18 portation systems

19 (a) IN GENERAL.—Subject to section 603 of this title, and regulations

20 issued under section 603, the Administrator of General Services shall—

21 (1) take over from executive agencies and consolidate, or otherwise ac22 quire, motor vehicles and related equipment and supplies;

23 (2) provide for the establishment, maintenance, and operation (includ24 ing servicing and storage) of motor vehicle pools or systems; and

25 (3) furnish motor vehicles and related services to executive agencies for

26 the transportation of property and passengers.

27 (b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined by

28 the Administrator, motor vehicles and related services may be furnished by

29 providing an agency with—

30 (1) Federal Government-owned motor vehicles;

31 (2) the use of motor vehicles, under rental or other arrangements,

32 through private fleet operators, taxicab companies, or local or interstate

33 common carriers; or

34 (3) both.

35 (c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator shall, so

36 far as practicable, furnish motor vehicles and related services under this sec37 tion to any federal agency, mixed-ownership Government corporation (as de38 fined in chapter 91 of title 31), or the District of Columbia, on its request.

39 § 603. Process for establishing motor vehicle pools and trans40 portation systems

41 (a) DETERMINATION REQUIREMENT.—
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1 (1) IN GENERAL.—The Administrator of General Services may carry

2 out section 602 only if the Administrator determines, after consultation

3 with the agencies concerned and with due regard to their program activi4 ties, that doing so is advantageous to the Federal Government in terms

5 of economy, efficiency, or service.

6 (2) ELEMENTS OF THE DETERMINATION.—A determination under this

7 section must be in writing. For each motor vehicle pool or system, the

8 determination must set forth an analytical justification that includes—

9 (A) a detailed comparison of estimated costs for present and pro10 posed modes of operation; and

11 (B) a showing that savings can be realized by the establishment,

12 maintenance, and operation of a motor vehicle pool or system.

13 (b) REGULATIONS RELATED TO ESTABLISHMENT.—

14 (1) IN GENERAL.—The President shall prescribe regulations estab15 lishing procedures to carry out section 602 of this title.

16 (2) ELEMENTS OF THE REGULATIONS.—The regulations shall provide

17 for—

18 (A) adequate notice to an executive agency of any determination

19 that affects the agency or its functions;

20 (B) independent review and decision as directed by the President

21 of any determination disputed by an agency, with the possibility

22 that the decision may include a partial or complete exemption of

23 the agency from the determination; and

24 (C) enforcement of determinations that become effective under the

25 regulations.

26 (3) EFFECT OF THE REGULATIONS.—A determination under sub27 section (a) is binding on an agency only as provided in regulations

28 issued under this subsection.

29 § 604. Treatment of assets taken over to establish motor vehi30 cle pools and transportation systems

31 (a) REIMBURSEMENT.—

32 (1) REQUIREMENT.—When the Administrator of General Services

33 takes over motor vehicles or related equipment or supplies under section

34 602 of this title, reimbursement is required if the property is taken over

35 from—

36 (A) a Government corporation; or

37 (B) an agency, if the agency acquired the property through unre38 imbursed expenditures made from a revolving or trust fund author39 ized by law.

40 (2) AMOUNT.—The Administrator shall reimburse a Government cor41 poration, or a fund through which an agency acquired property, by an
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1 amount equal to the fair market value of the property. If the Adminis2 trator subsequently returns property of a similar kind under section 610

3 of this title, the Government corporation or the fund shall reimburse the

4 Administrator by an amount equal to the fair market value of the prop5 erty returned.

6 (b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator takes

7 over motor vehicles or related equipment or supplies under section 602 of this

8 title but reimbursement is not required under subsection (a), the value of the

9 property taken over, as determined by the Administrator, may be added to

10 the capital of the General Supply Fund. If the Administrator subsequently

11 returns property of a similar kind under section 610 of this title, the value

12 of the property may be deducted from the Fund.

13 § 605. Payment of costs

14 (a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General Sup15 ply Fund provided for in section 321 of this title is available for use by or

16 under the direction and control of the Administrator of General Services to

17 pay the costs of carrying out section 602 of this title, including the cost of

18 purchasing or renting motor vehicles and related equipment and supplies.

19 (b) SETTING PRICES TO RECOVER COSTS.—

20 (1) IN GENERAL.—The Administrator shall set prices for furnishing

21 motor vehicles and related services under section 602 of this title. Prices

22 shall be set to recover, so far as practicable, all costs of carrying out sec23 tion 602 of this title.

24 (2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s dis25 cretion, prices may include an increment for the estimated replacement

26 cost of motor vehicles and related equipment and supplies. Notwith27 standing section 321(f)(1) of this title, the increment may be retained as

28 a part of the capital of the General Supply Fund but is available only

29 to replace motor vehicles and related equipment and supplies.

30 (c) ACCOUNTING METHOD.—The purchase price of motor vehicles and re31 lated equipment, and any increment for estimated replacement cost, shall be

32 recovered only through charges for the cost of amortization. Costs shall be de33 termined, and financial reports prepared, in accordance with the accrual ac34 counting method.

35 § 606. Regulations related to operation

36 (a) IN GENERAL.—The Director of the Office of Personnel Management

37 shall prescribe regulations to govern executive agencies in authorizing civilian

38 personnel to operate Federal Government-owned motor vehicles for official

39 purposes within the States of the United States, the District of Columbia,

40 Puerto Rico, and the territories and possessions of the United States.
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1 (b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe

2 standards of physical fitness for authorized operators. The regulations may

3 require operators and prospective operators to obtain state and local licenses

4 or permits that are required to operate similar vehicles for other than official

5 purposes.

6 (c) AGENCY ORDERS.—The head of each executive agency shall issue orders

7 and directives necessary for compliance with the regulations. The orders and

8 directives shall provide for—

9 (1) periodically testing the physical fitness of operators and prospec10 tive operators; and

11 (2) suspension and revocation of authority to operate.

12 § 607. Records

13 The Administrator of General Services shall maintain an accurate record

14 of the cost of establishing, maintaining, and operating each motor vehicle pool

15 or system established under section 602 of this title.

16 § 608. Scrip, tokens, tickets

17 The Administrator of General Services, in the operation of motor vehicle

18 pools or systems under this subchapter, may provide for the sale and use of

19 scrip, tokens, tickets, and similar devices to collect payment.

20 § 609. Identification of vehicles

21 (a) IN GENERAL.—Under regulations prescribed by the Administrator of

22 General Services, every motor vehicle acquired and used for official purposes

23 within the United States, or the territories or possessions of the United States,

24 by any federal agency or by the District of Columbia shall be conspicuously

25 identified by showing, on the vehicle—

26 (1)(A) the full name of the department, establishment, corporation, or

27 agency that uses the vehicle and the service for which the vehicle is used;

28 or

29 (B) a title that readily identifies the department, establishment, cor30 poration, or agency that uses the vehicle and that is descriptive of the

31 service for which the vehicle is used; and

32 (2) the legend ‘‘For official use only’’.

33 (b) EXCEPTIONS.—The regulations prescribed pursuant to this section may

34 provide for exemptions when conspicuous identification would interfere with

35 the purpose for which a vehicle is acquired and used.

36 § 610. Discontinuance of motor vehicle pool or system

37 (a) IN GENERAL.—The Administrator of General Services shall discontinue

38 a motor vehicle pool or system if there are no actual savings realized (based

39 on accounting as provided in section 605 of this title) during a reasonable

40 period of not longer than two successive fiscal years.
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1 (b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool or sys2 tem is discontinued, the Administrator shall return to each agency involved

3 motor vehicles and related equipment and supplies similar in kind and rea4 sonably comparable in value to any motor vehicles and related equipment and

5 supplies which were previously taken over by the Administrator.

6 § 611. Duty to report violations

7 During the regular course of the duties of the Administrator of General

8 Services, if the Administrator becomes aware of a violation of section 1343,

9 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the conver10 sion by a Federal Government official or employee of a Government-owned

11 or leased motor vehicle to the official or employee’s own use or to the use of

12 others, the Administrator shall report the violation to the head of the agency

13 in which the official or employee is employed, for further investigation and

14 either appropriate disciplinary action under section 1343, 1344, or 1349(b)

15 or, if appropriate, referral to the Attorney General for prosecution under sec16 tion 641.

17 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.

18 § 701. Administrative

19 (a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre20 scribe policies that the President considers necessary to carry out this chapter.

21 The policies must be consistent with this chapter.

22 (b) EXECUTIVE AGENCY RESPONSIBILITY.—

23 (1) IN GENERAL.—The head of an executive agency that has foreign

24 excess property is responsible for the disposal of the property.

25 (2) CONFORMANCE TO POLICIES.—In carrying out functions under

26 this chapter, the head of an executive agency shall—

27 (A) use the policies prescribed by the President under subsection

28 (a) for guidance; and

29 (B) dispose of foreign excess property in a manner that conforms

30 to the foreign policy of the United States.

31 (3) DELEGATION OF AUTHORITY.—The head of an executive agency

32 may—

33 (A) delegate authority conferred by this chapter to an official in

34 the agency or to the head of another executive agency; and

35 (B) authorize successive redelegation of authority conferred by

36 this chapter.
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1 (4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out this

2 chapter, the head of an executive agency may—

3 (A) appoint and fix the pay of personnel in the United States,

4 subject to chapters 33 and 51 and subchapter III of chapter 53 of

5 title 5; and

6 (B) appoint personnel outside the States of the United States and

7 the District of Columbia, without regard to chapter 33 of title 5.

8 (c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—

9 (1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary of

10 State may use foreign currencies and credits acquired by the United

11 States under section 704(b)(2) of this title—

12 (A) to carry out the Mutual Educational and Cultural Exchange

13 Act of 1961 (22 U.S.C. 2451 et seq.);

14 (B) to carry out the Foreign Service Buildings Act, 1926 (22

15 U.S.C. 292 et seq.); and

16 (C) to pay other governmental expenses payable in local cur17 rencies.

18 (2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise di19 rected by the President, the Secretary of State shall continue to perform

20 functions under agreements in effect on July 1, 1949, related to the dis21 posal of foreign excess property. The Secretary of State may amend,

22 modify, and renew the agreements. Foreign currencies or credits the Sec23 retary of State acquires under the agreements shall be administered in

24 accordance with procedures that the Secretary of the Treasury may es25 tablish. Foreign currencies or credits reduced to United States currency

26 must be deposited in the Treasury as miscellaneous receipts.

27 § 702. Return of foreign excess property to United States

28 (a) IN GENERAL.—Under regulations prescribed pursuant to subsection (b),

29 foreign excess property may be returned to the United States for handling as

30 excess or surplus property under subchapter II of chapter 5 of this title or

31 section 549 or 551 of this title when the head of the executive agency con32 cerned, or the Administrator of General Services after consultation with the

33 agency head, determines that return of the property to the United States for

34 such handling is in the interest of the United States.

35 (b) REGULATIONS.—The Administrator shall prescribe regulations to carry

36 out this section. The regulations must require that transportation costs for re37 turning foreign excess property to the United States are paid by the federal

38 agency, state agency, or donee receiving the property.
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1 § 703. Donation of medical supplies for use in foreign coun2 try

3 (a) APPLICATION.—This section applies to medical materials or supplies

4 that are in a foreign country but that would, if situated within the United

5 States, be available for donation under subchapter III of chapter 5 of this

6 title.

7 (b) IN GENERAL.—An executive agency may donate medical materials or

8 supplies that are not disposed of under section 702 of this title.

9 (c) CONDITIONS.—A donation under this section is subject to the following

10 conditions:

11 (1) The medical materials and supplies must be donated for use in

12 a foreign country.

13 (2) The donation must be made to a nonprofit medical or health orga14 nization, which may be an organization qualified to receive assistance

15 under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22

16 U.S.C. 2174(b), 2357).

17 (3) The donation must be made without cost to the donee (except for

18 costs of care and handling).

19 § 704. Other methods of disposal

20 (a) IN GENERAL.—Foreign excess property not disposed of under section

21 702 or 703 of this title may be disposed of as provided in this section.

22 (b) METHODS OF DISPOSAL.—

23 (1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an execu24 tive agency may dispose of foreign excess property by sale, exchange,

25 lease, or transfer, for cash, credit or other property, with or without war26 ranty, under terms and conditions the head of the executive agency con27 siders proper.

28 (2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the head of

29 an executive agency determines that it is in the interest of the United

30 States, foreign excess property may be exchanged for—

31 (A) foreign currencies or credits; or

32 (B) substantial benefits or the discharge of claims resulting from

33 the compromise or settlement of claims in accordance with law.

34 (3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head of an ex35 ecutive agency may authorize the abandonment, destruction, or donation

36 of foreign excess property if the property has no commercial value or if

37 estimated costs of care and handling exceed the estimated proceeds from

38 sale.

39 (c) ADVERTISING.—The head of an executive agency may dispose of foreign

40 excess property without advertising if the head of the executive agency finds
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1 that disposal without advertising is the most practicable and advantageous

2 means for the Federal Government to dispose of the property.

3 (d) TRANSFER OF TITLE.—The head of an executive agency may execute

4 documents to transfer title or other interests in, and take other action nec5 essary or proper to dispose of, foreign excess property.

6 § 705. Handling of proceeds from disposal

7 (a) IN GENERAL.—This section applies to proceeds from the sale, lease, or

8 other disposition of foreign excess property under this chapter.

9 (b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of foreign

10 currencies or credits, must be administered in accordance with procedures

11 that the Secretary of the Treasury may establish.

12 (c) UNITED STATES CURRENCY.—

13 (1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title ap14 plies to proceeds of foreign excess property disposed of for United States

15 currency under this chapter.

16 (2) DEPOSITED IN TREASURY AS MISCELLANEOUS RECEIPTS.—Except

17 as provided in paragraph (1), proceeds in the form of United States cur18 rency, including foreign currencies or credits that are reduced to United

19 States currency, must be deposited in the Treasury as miscellaneous re20 ceipts.

21 (d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—

22 (1) DEPOSITS.—A federal agency that disposes of foreign excess prop23 erty under this chapter may deposit, in a special account in the Treas24 ury, amounts of the proceeds of the dispositions that the agency decides

25 are necessary to permit—

26 (A) appropriate refunds to purchasers for dispositions that are

27 rescinded or that do not become final; and

28 (B) payments for breach of warranty.

29 (2) WITHDRAWALS.—A federal agency that deposits proceeds in a spe30 cial account under paragraph (1) may withdraw amounts to be refunded

31 or paid from the account without regard to the origin of the amounts

32 withdrawn.

33 CHAPTER 9—URBAN LAND USE

Sec.

901. Purpose and policy.

902. Definitions.

903. Acquisition and use.

904. Disposal.

905. Waiver.

34 § 901. Purpose and policy

35 The purpose of this chapter is to promote harmonious intergovernmental

36 relations and encourage sound planning, zoning, and land use practices by

37 prescribing uniform policies and procedures for the Administrator of General
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1 Services to acquire, use, and dispose of land in urban areas. To the greatest

2 extent practicable, urban land transactions entered into for the General Serv3 ices Administration and other federal agencies shall be consistent with zoning

4 and land use practices and with the planning and development objectives of

5 local governments and planning agencies.

6 § 902. Definitions

7 In this chapter, the following definitions apply:

8 (1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of gen9 eral local government’’ means a city, county, town, parish, village, or

10 other general-purpose political subdivision of a State.

11 (2) URBAN AREA.—The term ‘‘urban area’’ means—

12 (A) a geographical area within the jurisdiction of an incor13 porated city, town, borough, village, or other unit of general local

14 government, except a county or parish, having a population of at

15 least 10,000 inhabitants;

16 (B) that portion of the geographical area within the jurisdiction

17 of a county, town, township, or similar governmental entity which

18 contains no incorporated unit of general local government but has

19 a population density of at least 1,500 inhabitants per square mile;

20 and

21 (C) that portion of a geographical area having a population den22 sity of at least 1,500 inhabitants per square mile and situated adja23 cent to the boundary of an incorporated unit of general local gov24 ernment which has a population of at least 10,000.

25 § 903. Acquisition and use

26 (a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable, before

27 making a commitment to acquire real property situated in an urban area,

28 the Administrator of General Services shall give notice of the intended acqui29 sition and the proposed use of the property to the unit of general local govern30 ment exercising zoning and land use jurisdiction. If the Administrator deter31 mines that providing advance notice would adversely impact the acquisition,

32 the Administrator shall give notice of the acquisition and the proposed use

33 of the property immediately after the property is acquired.

34 (b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisition

35 or change of use of real property situated in an urban area as a site for pub36 lic building, if the unit of general local government exercising zoning and

37 land use jurisdiction objects on grounds that the proposed acquisition or

38 change of use conflicts with zoning regulations or planning objectives, the Ad39 ministrator shall, to the extent the Administrator determines is practicable,

40 consider all the objections and comply with the zoning regulations and plan41 ning objectives.
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1 § 904. Disposal

2 (a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property situ3 ated in an urban area for sale, the Administrator of General Services shall

4 give reasonable notice to the unit of general local government exercising zon5 ing and land use jurisdiction in order to provide an opportunity for zoning

6 so that the property is used in accordance with local comprehensive planning

7 described in subsection (c).

8 (b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent prac9 ticable, the Administrator shall furnish to all prospective purchasers of real

10 property situated in an urban area complete information concerning—

11 (1) current zoning regulations, prospective zoning requirements, and

12 objectives for property if it is unzoned; and

13 (2)(A) the current availability of streets, sidewalks, sewers, water,

14 street lights, and other service facilities; and

15 (B) the prospective availability of those service facilities if the prop16 erty is included in local comprehensive planning described in subsection

17 (c).

18 (c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning re19 ferred to in subsections (a) and (b) includes any of the following activities,

20 to the extent the activity is directly related to the needs of a unit of general

21 local government:

22 (1) As a guide for government policy and action, preparing general

23 plans related to—

24 (A) the pattern and intensity of land use;

25 (B) the provision of public facilities (including transportation fa26 cilities) and other government services; and

27 (C) the effective development and use of human and natural re28 sources.

29 (2) Preparing long-range physical and fiscal plans for government ac30 tion.

31 (3) Programming capital improvements and other major expenditures,

32 based on a determination of relative urgency, together with definitive fi33 nancial planning for expenditures in the earlier years of a program.

34 (4) Coordinating related plans and activities of state and local govern35 ments and agencies.

36 (5) Preparing regulatory and administrative measures to support ac37 tivities described in this subsection.

38 § 905. Waiver

39 The procedures prescribed in sections 903 and 904 of this title may be

40 waived during a period of national emergency proclaimed by the President.
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1 CHAPTER 11—SELECTION OF ARCHITECTS AND

2 ENGINEERS

Sec.

1101. Policy.

1102. Definitions.

1103. Selection procedure.

1104. Negotiation of contract.

3 § 1101. Policy

4 The policy of the Federal Government is to publicly announce all require5 ments for architectural and engineering services and to negotiate contracts for

6 architectural and engineering services on the basis of demonstrated com7 petence and qualification for the type of professional services required and at

8 fair and reasonable prices.

9 § 1102. Definitions

10 In this chapter, the following definitions apply:

11 (1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a de12 partment, agency, or bureau of the Federal Government.

13 (2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘archi14 tectural and engineering services’’ means—

15 (A) professional services of an architectural or engineering na16 ture, as defined by state law, if applicable, that are required to be

17 performed or approved by a person licensed, registered, or certified

18 to provide the services described in this paragraph;

19 (B) professional services of an architectural or engineering nature

20 performed by contract that are associated with research, planning,

21 development, design, construction, alteration, or repair of real prop22 erty; and

23 (C) other professional services of an architectural or engineering

24 nature, or incidental services, which members of the architectural

25 and engineering professions (and individuals in their employ) may

26 logically or justifiably perform, including studies, investigations,

27 surveying and mapping, tests, evaluations, consultations, com28 prehensive planning, program management, conceptual designs,

29 plans and specifications, value engineering, construction phase serv30 ices, soils engineering, drawing reviews, preparation of operating

31 and maintenance manuals, and other related services.

32 (3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership,

33 corporation, association, or other legal entity permitted by law to prac34 tice the profession of architecture or engineering.

35 § 1103. Selection procedure

36 (a) IN GENERAL.—These procedures apply to the procurement of architec37 tural and engineering services by an agency head.
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1 (b) ANNUAL STATEMENTS.—The agency head shall encourage firms to sub2 mit annually a statement of qualifications and performance data.

3 (c) EVALUATION.—For each proposed project, the agency head shall evalu4 ate current statements of qualifications and performance data on file with the

5 agency, together with statements submitted by other firms regarding the pro6 posed project. The agency head shall conduct discussions with at least 3 firms

7 to consider anticipated concepts and compare alternative methods for fur8 nishing services.

9 (d) SELECTION.—From the firms with which discussions have been con10 ducted, the agency head shall select, in order of preference, at least 3 firms

11 that the agency head considers most highly qualified to provide the services

12 required. Selection shall be based on criteria established and published by the

13 agency head.

14 § 1104. Negotiation of contract

15 (a) IN GENERAL.—The agency head shall negotiate a contract for architec16 tural and engineering services at compensation which the agency head deter17 mines is fair and reasonable to the Federal Government. In determining fair

18 and reasonable compensation, the agency head shall consider the scope, com19 plexity, professional nature, and estimated value of the services to be rendered.

20 (b) ORDER OF NEGOTIATION.—The agency head shall attempt to negotiate

21 a contract, as provided in subsection (a), with the most highly qualified firm

22 selected under section 1103 of this title. If the agency head is unable to nego23 tiate a satisfactory contract with the firm, the agency head shall formally ter24 minate negotiations and then undertake negotiations with the next most

25 qualified of the selected firms, continuing the process until an agreement is

26 reached. If the agency head is unable to negotiate a satisfactory contract with

27 any of the selected firms, the agency head shall select additional firms in

28 order of their competence and qualification and continue negotiations in ac29 cordance with this section until an agreement is reached.

30 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.
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1 § 1301. Charge of property transferred to the Federal Govern2 ment

3 (a) IN GENERAL.—Except as provided in subsection (b), the Administrator

4 of General Services shall have charge of—

5 (1) all land and other property which has been or may be assigned,

6 set off, or conveyed to the Federal Government in payment of debts;

7 (2) all trusts created for the use of the Government in payment of

8 debts due the Government; and

9 (3) the sale and disposal of land—

10 (A) assigned or set off to the Government in payment of debt; or

11 (B) vested in the Government by mortgage or other security for

12 the payment of debts.

13 (b) NONAPPLICATION.—This section does not apply to—

14 (1) real estate which has been or shall be assigned, set off, or conveyed

15 to the Government in payment of debts arising under the Internal Rev16 enue Code of 1986 (26 U.S.C. 1 et seq.); or

17 (2) trusts created for the use of the Government in payment of debts

18 arising under the Code and due the Government.

19 § 1302. Lease of buildings

20 Except as otherwise specifically provided by law, the leasing of buildings

21 and property of the Federal Government shall be for a money consideration

22 only. The lease may not include any provision for the alteration, repair, or

23 improvement of the buildings or property as a part of the consideration for

24 the rent to be paid for the use and occupation of the buildings or property.

25 Money derived from the rent shall be deposited in the Treasury as miscella26 neous receipts.

27 § 1303. Disposition of surplus real property

28 (a) DEFINITION.—In this section, the term ‘‘federal agency’’ means an exec29 utive department, independent establishment, commission, board, bureau, di30 vision, or office in the executive branch, or other agency of the Federal Gov31 ernment, including wholly owned Government corporations.

32 (b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—

33 (1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec34 ommendation of the Administrator of General Services, or the federal

35 agency having control of any real property the agency acquires that is

36 located outside of the District of Columbia, other than military or naval

37 reservations, declares the property to be surplus to the needs of the agen38 cy, the Administrator—

39 (A) may assign space in the property to any federal agency;
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1 (B) pending a sale, may lease the property for not more than 5

2 years and on terms the Administrator considers to be in the public

3 interest; or

4 (C) may sell the property at public sale to the highest responsible

5 bidder on terms and after public advertisement that the Adminis6 trator considers to be in the public interest.

7 (2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal agency to

8 which space is assigned does not desire to occupy the space, the decision

9 of the Administrator under paragraph (1)(A) is subject to review by the

10 President.

11 (3) NEGOTIATED SALE.—If no bids which are satisfactory as to price

12 and responsibility of the bidder are received as a result of public adver13 tisement, the Administrator may sell the property by negotiation, on

14 terms as may be considered to be to the best interest of the Government,

15 but at a price not less than that bid by the highest responsible bidder.

16 (c) DEMOLITION.—The Administrator may demolish any building declared

17 to be surplus to the needs of the Government under this section on deciding

18 that demolition will be in the best interest of the Government. Before pro19 ceeding with the demolition, the Administrator shall inform the Secretary of

20 the Interior in writing of the Administrator’s intention to demolish the build21 ing, and shall not proceed with the demolition until receiving written notice

22 from the Secretary that the building is not an historic building of national

23 significance within the meaning of the Act of August 21, 1935 (16 U.S.C. 461

24 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act). If the

25 Secretary does not notify the Administrator of the Secretary’s decision as to

26 whether the building is an historic building of national significance within

27 90 days of the receipt of the notice of intention to demolish the building, the

28 Administrator may proceed to demolish the building.

29 (d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—When the

30 Administrator, after investigation, decides that real property referred to in

31 subsection (b) should be used for the accommodation of a federal agency, the

32 Administrator may make any repairs or alterations that the Administrator

33 considers necessary or advisable and may maintain and operate the property.

34 (e) PAYMENT BY FEDERAL AGENCIES.—

35 (1) ASSIGNED REAL PROPERTY.—To the extent that the appropriations

36 of the General Services Administration not otherwise allocated are inad37 equate for repairs, alterations, maintenance, or operation, the Adminis38 trator may require each federal agency to which space has been assigned

39 to pay promptly by check to the Administrator out of its appropriation

40 for rent any part of the estimated or actual cost of the repairs, alter41 ations, maintenance, and operation. Payment may be either in advance
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1 of, or on or during, occupancy of the space. The Administrator shall de2 termine and equitably apportion the total amount to be paid among the

3 agencies to whom space has been assigned.

4 (2) LEASED SPACES.—To the extent that the appropriations of the Ad5 ministration not otherwise required are inadequate, the Administrator

6 may require each federal agency to which leased space has been assigned

7 to pay promptly by check to the Administrator out of its available ap8 propriations any part of the estimated cost of rent, repairs, alterations,

9 maintenance, operation, and moving. Payment may be either in advance

10 or during occupancy of the space. When space in a building is occupied

11 by two or more agencies, the Administrator shall determine and equi12 tably apportion rental, operation, and other charges on the basis of the

13 total amount of space leased.

14 (f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be ap15 propriated to cover the costs incident to the sale or lease of real property, or

16 authorized demolition of buildings on the property, declared to be surplus to

17 the needs of any federal agency under this section, and the care, maintenance,

18 and protection of the property, including pay of employees, travel of Govern19 ment employees, brokers’ fees not in excess of rates paid for similar services

20 in the community where the property is situated, appraisals, photographs,

21 surveys, evidence of title and perfecting of defective titles, advertising, and

22 telephone and telegraph charges. However, the agency remains responsible for

23 the proper care, maintenance, and protection of the property until the Admin24 istrator assumes custody or other disposition of the property is made.

25 (g) REGULATIONS.—The Administrator may prescribe regulations as nec26 essary to carry out this section.

27 § 1304. Transfer of federal property to States

28 (a) OBSOLETE BUILDINGS AND SITES.—

29 (1) IN GENERAL.—The Administrator of General Services, in the Ad30 ministrator’s discretion, on terms the Administrator considers proper,

31 and under regulations the Administrator may prescribe, may sell prop32 erty described in paragraph (2) to a State or a political subdivision of

33 a State for public use if the Administrator considers the sale to be in

34 the best interest of the Federal Government.

35 (2) APPLICABLE PROPERTY.—The property referred to in paragraph

36 (1) is any federal building, building site, or part of a building site under

37 the Administrator’s control that has been replaced by a new structure

38 and that the Administrator determines is no longer needed by the Gov39 ernment.
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1 (3) PRICE.—The purchase price for a sale under this section must be

2 at least 50 percent of the value of the land as appraised by the Adminis3 trator.

4 (4) PROCEEDS OF SALE.—The proceeds of a sale under this section

5 shall be deposited in the Treasury as miscellaneous receipts.

6 (5) PAYMENT TERMS.—The Administrator may enter into a long term

7 contract for the payment of the purchase price in installments that the

8 Administrator considers fair and reasonable. The Administrator may

9 waive any requirement for interest charges on deferred payment.

10 (6) CONVEYANCE.—The Administrator may convey property sold

11 under this section by the usual quitclaim deed.

12 (b) WIDENING OF PUBLIC ROADS.—

13 (1) DEFINITION.—In this subsection, the term ‘‘executive agency’’

14 means an executive department or independent establishment in the exec15 utive branch of the Government, including any wholly owned Govern16 ment corporation.

17 (2) IN GENERAL.—When a State or a political subdivision of a State

18 applies for a conveyance or transfer of real property of the Government

19 in connection with an authorized widening of a public highway, street,

20 or alley, the head of the executive agency that controls the affected real

21 property may convey or transfer to the State or political subdivision,

22 with or without consideration, an interest in the real property that the

23 agency head determines is not adverse to the interests of the Government.

24 A conveyance or transfer under this subsection is subject to terms and

25 conditions the agency head considers necessary to protect the interests of

26 the Government.

27 (3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An interest

28 in real property which can be transferred to a State or a political sub29 division of a State for highway purposes under title 23 may not be con30 veyed or transferred under this subsection.

31 (4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way

32 over, under, and through public lands and lands in the National Forest

33 System may not be granted under this subsection.

34 § 1305. Disposition of land acquired by devise

35 The General Services Administration may take custody, for disposal as ex36 cess property under this subtitle and title III of the Federal Property and

37 Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land acquired

38 by the Federal Government by devise.

39 § 1306. Disposition of abandoned or forfeited personal prop40 erty

41 (a) DEFINITIONS.—In this section—
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1 (1) AGENCY.—The term ‘‘agency’’ includes any executive department,

2 independent establishment, board, commission, bureau, service, or divi3 sion of the Federal Government, and any corporation in which the Gov4 ernment owns at least a majority of the stock.

5 (2) PROPERTY.—The term ‘‘property’’ means all personal property,

6 including vessels, vehicles, and aircraft.

7 (b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban8 doned to any agency in a way that vests title to the property in the Govern9 ment may be retained by the agency and devoted to official use only. If the

10 agency does not desire to retain the property, the head of the agency imme11 diately shall notify the Administrator of General Services to that effect, and

12 the Administrator, within a reasonable time, shall—

13 (1) order the agency to deliver the property to another agency that re14 quests the property and that the Administrator believes should be given

15 the property; or

16 (2) order disposal of the property as otherwise provided by law.

17 (c) FORFEITED PROPERTY.—

18 (1) AGENCY RETAINS PROPERTY.—An agency that seizes property that

19 has been forfeited to the Government other than by court decree may re20 tain the property and devote it only to official use instead of disposing

21 of the property as otherwise provided by law if competent authority does

22 not order the property returned to any claimant.

23 (2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agency

24 does not desire to retain the property, the head of the agency imme25 diately shall notify the Administrator to that effect, and the property—

26 (A) if not ordered by competent authority to be returned to any

27 claimant, or disposed of as otherwise provided by law, shall be de28 livered by the agency, on order of the Administrator given within

29 a reasonable time, to another agency that requests the property and

30 that the Administrator believes should be given the property; or

31 (B) on order of the Administrator given within a reasonable time,

32 shall be disposed of as otherwise provided by law.

33 (d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—

34 (1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun for

35 the forfeiture of any property by court decree, the agency that seized the

36 property immediately shall notify the Administrator and at the same

37 time may file with the Administrator a request for the property for its

38 official use.

39 (2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—
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1 (A) IN GENERAL.—Before entry of a decree, the Administrator

2 shall apply to the court to order delivery of the property in accord3 ance with this paragraph.

4 (B) DELIVERY TO SEIZING AGENCY.—If the agency that seized the

5 property files a request for the property under paragraph (1), the

6 Administrator shall apply to the court to order delivery of the prop7 erty to the agency that seized the property.

8 (C) DELIVERY TO OTHER REQUESTING AGENCY.—If the agency

9 that seized the property does not file a request for the property

10 under paragraph (1) but another agency requests the property, the

11 Administrator shall apply to the court to order delivery of the prop12 erty to the requesting agency if the Administrator believes that the

13 requesting agency should be given the property.

14 (D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLDING.—

15 If application to the court cannot be made under subparagraph (B)

16 or (C) and the Administrator believes the property may later be17 come necessary to any agency for official use, the Administrator

18 shall apply to the court to order delivery of the property to the agen19 cy that seized the property, to be retained in its custody. Within

20 a reasonable time, the Administrator shall order the agency to—

21 (i) deliver the property to another agency that requests the

22 property and that the Administrator believes should be given

23 the property; or

24 (ii) dispose of the property as otherwise provided by law.

25 (3) FORFEITURE DECREED.—If forfeiture is decreed and the property

26 is not ordered by competent authority to be returned to any claimant,

27 the court shall order delivery as provided in paragraph (2).

28 (4) WHEN NO APPLICATION MADE.—The court shall dispose of prop29 erty for which no application is made in accordance with law.

30 (e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention or

31 delivery of forfeited or abandoned property under this section is deemed to

32 be a sale of the property for the purpose of laws providing for informer’s fees

33 or remission or mitigation of a forfeiture. Property acquired under this sec34 tion when no longer needed for official use shall be disposed of in the same

35 manner as other surplus property.

36 (f) PAYMENT OF COSTS RELATED TO PROPERTY.—

37 (1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available

38 to an agency for the purchase, hire, operation, maintenance, and repair

39 of any property is available for—
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1 (A) the payment of expenses of operation, maintenance, and re2 pair of property of the same kind the agency receives under this sec3 tion for official use;

4 (B) the payment of a lien recognized and allowed under law;

5 (C) the payment of amounts found to be due a person on the au6 thorized remission or mitigation of a forfeiture; and

7 (D) reimbursement of other agencies as provided in paragraph

8 (2).

9 (2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agency

10 that receives property under this section shall pay the cost of hauling,

11 transporting, towing, and storing the property. If the property is later

12 delivered to another agency for official use under this section, the agency

13 to which the property is delivered shall make reimbursement for all of

14 those costs incurred prior to the date the property is delivered.

15 (g) REPORT.—With the approval of the Secretary of the Treasury, the Ad16 ministrator may require an agency to make a report of all property aban17 doned to it or seized and the disposal of the property.

18 (h) ADMINISTRATIVE.—

19 (1) REGULATIONS.—With the approval of the Secretary, the Adminis20 trator may prescribe regulations necessary to carry out this section.

21 (2) OTHER LAWS NOT REPEALED.—This section does not repeal any

22 other laws relating to the disposition of forfeited or abandoned property,

23 except provisions of those laws directly in conflict with this section which

24 were enacted prior to August 27, 1935.

25 (3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SECTION.—

26 The following classes of property are not subject to allocation under this

27 section, but shall be disposed of in the manner otherwise provided by law:

28 (A) narcotic drugs, as defined in the Controlled Substances Act

29 (21 U.S.C. 801 et seq.).

30 (B) firearms, as defined in section 5845 of the Internal Revenue

31 Code of 1986 (26 U.S.C. 5845).

32 (C) other classes or kinds of property the disposal of which the

33 Administrator, with the approval of the Secretary, may consider in

34 the public interest, and may by regulation provide.

35 § 1307. Disposition of securities

36 The President, or an officer, agent, or agency the President may designate,

37 may dispose of any securities acquired on behalf of the Federal Government

38 under the provisions of the Transportation Act of 1920 (ch. 91, 41 Stat. 456),

39 including any securities acquired as an incident to a case under title 11,

40 under a receivership or reorganization proceeding, by assignment, transfer,

41 substitution, or issuance, or by acquisition of collateral given for the payment
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1 of obligations to the Government, or may make arrangements for the extension

2 of the maturity of the securities, in the manner, in amounts, at prices, for

3 cash, securities, or other property or any combination of cash, securities, or

4 other property, and on terms and conditions the President or designee con5 siders advisable and in the public interest.

6 § 1308. Disposition of unfit horses and mules

7 Subject to applicable regulations under this subtitle and title III of the

8 Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et

9 seq.), horses and mules belonging to the Federal Government that have become

10 unfit for service may be destroyed or put out to pasture, either on pastures

11 belonging to the Government or those belonging to financially sound and rep12 utable humane organizations whose facilities permit them to care for the

13 horses and mules during the remainder of their natural lives, at no cost to

14 the Government.

15 § 1309. Preservation, sale, or collection of wrecked, aban16 doned, or derelict property

17 The Administrator of General Services may make contracts and provisions

18 for the preservation, sale, or collection of property, or the proceeds of property,

19 which may have been wrecked, been abandoned, or become derelict, if the Ad20 ministrator considers the contracts and provisions to be in the interest of the

21 Federal Government and the property is within the jurisdiction of the United

22 States and should come to the Government. A contract may provide com23 pensation the Administrator considers just and reasonable to any person who

24 gives information about the property or actually preserves, collects, surren25 ders, or pays over the property. Under each specific agreement for obtaining,

26 preserving, collecting, or receiving property or making property available, the

27 costs or claim chargeable to the Government may not exceed amounts realized

28 and received by the Government.

29 § 1310. Sale of war supplies, land, and buildings

30 (a) IN GENERAL.—The President, through the head of any executive depart31 ment and on terms the head of the department considers expedient, may sell

32 to a person, another department of the Federal Government, or the govern33 ment of a foreign country engaged in war against a country with which the

34 United States is at war—

35 (1) war supplies, material, and equipment;

36 (2) by-products of the war supplies, material, and equipment; and

37 (3) any building, plant, or factory, including the land on which the

38 plant or factory may be situated, acquired since April 6, 1917, for the

39 production of war supplies, materials, and equipment that, during the

40 emergency existing on July 9, 1918, may have been purchased, acquired,

41 or manufactured by the Government.
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1 (b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns and

2 ammunition authorized under any law shall be limited to—

3 (1) other departments of the Government;

4 (2) governments of foreign countries engaged in war against a country

5 with which the United States is at war; and

6 (3) members of the National Rifle Association and of other recognized

7 associations organized in the United States for the encouragement of

8 small-arms target practice.

9 § 1311. Authority of President to obtain release

10 For the use or benefit of the Federal Government, the President may obtain

11 from an individual or officer to whom land has been or will be conveyed a

12 release of the individual’s or officer’s interest to the Government.

13 § 1312. Release of real estate in certain cases

14 (a) IN GENERAL.—Real estate that has become the property of the Federal

15 Government in payment of a debt which afterward is fully paid in money

16 and received by the Government may be conveyed by the Administrator of

17 General Services to the debtor from whom it was taken or to the heirs or devi18 sees of the debtor or the person that they may appoint.

19 (b) NONAPPLICATION.—This section does not apply to real estate the Gov20 ernment acquires in payment of any debt arising under the Internal Revenue

21 Code of 1986 (26 U.S.C. 1 et seq.).

22 § 1313. Releasing property from attachment

23 (a) STIPULATION OF DISCHARGE.—

24 (1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judicial

25 proceeding under the laws of a State, district, territory, or possession of

26 the United States, when property owned or held by the Federal Govern27 ment, or in which the Government has or claims an interest, is seized,

28 arrested, attached, or held for the security or satisfaction of a claim

29 made against the property, the Attorney General may direct the United

30 States Attorney for the district in which the property is located to enter

31 a stipulation that on discharge of the property from the seizure, arrest,

32 attachment, or proceeding, the person asserting the claim against the

33 property becomes entitled to all the benefits of this section.

34 (2) NONAPPLICATION.—This subsection does not—

35 (A) recognize or concede any right to enforce by seizure, arrest,

36 attachment, or any judicial process a claim against property—

37 (i) of the Government; or

38 (ii) held, owned, or employed by the Government, or by a

39 department of the Government, for a public use; or

40 (B) waive an objection to a proceeding brought to enforce the

41 claim.
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1 (b) PAYMENT.—After a discharge, a final judgment which affirms the claim

2 for the security or satisfaction and the right of the person asserting the claim

3 to enforce it against the property, notwithstanding the claims of the Govern4 ment, is deemed to be a full and final determination of the rights of the per5 son and entitles the person, as against the Government, to the rights the per6 son would have had if possession of the property had not been changed. When

7 the claim is for the payment of money found to be due, presentation of an

8 authenticated copy of the record of the judgment and proceedings is sufficient

9 evidence to the proper accounting officers for the allowance of the claim,

10 which shall be allowed and paid out of amounts in the Treasury not otherwise

11 appropriated. The amount allowed and paid shall not exceed the value of the

12 interest of the Government in the property.

13 § 1314. Easements

14 (a) DEFINITIONS.—In this section—

15 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an exec16 utive department or independent establishment in the executive branch

17 of the Federal Government, including a wholly owned Government cor18 poration.

19 (2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real property

20 of the Government’’ excludes—

21 (A) public land (including minerals, vegetative, and other re22 sources) in the United States, including—

23 (i) land reserved or dedicated for national forest purposes;

24 (ii) land the Secretary of the Interior administers or super25 vises in accordance with the Act of August 25, 1916 (16 U.S.C.

26 1, 2, 3, 4) (known as the National Park Service Organic Act);

27 (iii) Indian-owned trust and restricted land; and

28 (iv) land the Government acquires primarily for fish and

29 wildlife conservation purposes and the Secretary administers;

30 (B) land withdrawn from the public domain primarily under the

31 jurisdiction of the Secretary; and

32 (C) land acquired for national forest purposes.

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

34 District of Columbia, Puerto Rico, and the territories and possessions of

35 the United States.

36 (b) GRANT OF EASEMENT.—When a State, a political subdivision or agen37 cy of a State, or a person applies for the grant of an easement in, over, or

38 on real property of the Government, the executive agency having control of

39 the real property may grant to the applicant, on behalf of the Government,

40 an easement that the head of the agency decides will not be adverse to the

41 interests of the Government, subject to reservations, exceptions, limitations,
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1 benefits, burdens, terms, or conditions that the head of the agency considers

2 necessary to protect the interests of the Government. The grant may be made

3 without consideration, or with monetary or other consideration, including an

4 interest in real property.

5 (c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection with

6 the grant of an easement, the executive agency concerned may relinquish to

7 the State in which the real property is located legislative jurisdiction that the

8 executive agency considers necessary or desirable. Relinquishment of legisla9 tive jurisdiction may be accomplished by filing with the chief executive officer

10 of the State a notice of relinquishment to take effect upon acceptance or by

11 proceeding in the manner that the laws applicable to the State may provide.

12 (d) TERMINATION OF EASEMENT.—

13 (1) WHEN TERMINATION OCCURS.—The instrument granting the ease14 ment may provide for termination of any part of the easement if there

15 has been—

16 (A) a failure to comply with a term or condition of the grant;

17 (B) a nonuse of the easement for a consecutive 2-year period for

18 the purpose for which granted; or

19 (C) an abandonment of the easement.

20 (2) NOTICE REQUIRED.—If a termination provision is included, it

21 shall require that written notice of the termination be given to the grant22 ee, or its successors or assigns.

23 (3) EFFECTIVE DATE.—The termination is effective as of the date of

24 the notice.

25 (e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by this

26 section is in addition to, and shall not affect or be subject to, any other law

27 under which an executive agency may grant easements.

28 (f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,

29 under, and through public lands and lands in the National Forest System

30 may not be granted under this section.

31 § 1315. Special police

32 (a) APPOINTMENT.—The Administrator of General Services, or an official

33 of the General Services Administration authorized by the Administrator, may

34 appoint uniformed guards of the Administration as special police without ad35 ditional compensation for duty in connection with the policing of all build36 ings and areas owned or occupied by the Federal Government and under the

37 charge and control of the Administrator.

38 (b) POWERS.—Special police appointed under this section have the same

39 powers as sheriffs and constables on property referred to in subsection (a) to

40 enforce laws enacted for the protection of individuals and property, prevent

41 breaches of the peace, suppress affrays or unlawful assemblies, and enforce
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1 regulations prescribed by the Administrator or an official of the Administra2 tion authorized by the Administrator for property under their jurisdiction.

3 However, the jurisdiction and policing powers of special police do not extend

4 to the service of civil process.

5 (c) DETAIL.—On the application of the head of a department or agency

6 of the Government having property of the Government under its administra7 tion and control, the Administrator or an official of the Administration au8 thorized by the Administrator may detail special police for the protection of

9 the property and, if the Administrator considers it desirable, may extend to

10 the property the applicability of regulations and enforce them as provided in

11 this section.

12 (d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is considered

13 economical and in the public interest, the Administrator or an official of the

14 Administration authorized by the Administrator may utilize the facilities and

15 services of existing federal law enforcement agencies, and, with the consent of

16 a state or local agency, the facilities and services of state or local law enforce17 ment agencies.

18 (e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or an official of

19 the Administration authorized by the Administrator, may empower officials

20 or employees of the Administration authorized to perform investigative func21 tions to act as nonuniformed special police to protect property under the

22 charge and control of the Administration and to carry firearms, whether on

23 federal property or in travel status. When on real property under the charge

24 and control of the Administration, officials or employees empowered to act as

25 nonuniformed special police have the power to enforce federal laws for the pro26 tection of individuals and property and to enforce regulations for that pur27 pose that the Administrator or an official of the Administration authorized

28 by the Administrator prescribes and publishes. The special police may make

29 arrests without warrant for any offense committed on the property if the po30 lice have reasonable grounds to believe the offense constitutes a felony under

31 the laws of the United States and that the individual to be arrested is guilty

32 of that offense.

33 (f) ADMINISTRATIVE.—The Administrator or an official of the Administra34 tion authorized by the Administrator may prescribe regulations necessary for

35 the government of the property under their charge and control, and may

36 annex to the regulations reasonable penalties, within the limits prescribed in

37 subsection (g), that will ensure their enforcement. The regulations shall be

38 posted and kept posted in a conspicuous place on the property.

39 (g) PENALTIES.—
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1 (1) IN GENERAL.—Except as provided in paragraph (2), a person vio2 lating a regulation prescribed under subsection (f) shall be fined under

3 title 18, imprisoned for not more than 30 days, or both.

4 (2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—

5 (A) DEFINITION.—For purposes of this paragraph, the term

6 ‘‘military traffic regulation’’ means a regulation for the control of

7 vehicular or pedestrian traffic on military installations that the

8 Secretary of Defense prescribes under subsection (f).

9 (B) IN GENERAL.—A person violating a military traffic regula10 tion shall be fined an amount not exceeding the amount of the max11 imum fine for a similar offense under the criminal or civil law of

12 the State, district, territory, or possession of the United States

13 where the military installation in which the violation occurred is

14 located, imprisoned for not more than 30 days, or both.

15 SUBTITLE II—PUBLIC BUILDINGS AND WORKS

16 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

17 PART B—UNITED STATES CAPITOL

51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS ......................... 5101

18 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

19 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE

20 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

21 PART A—GENERAL

22 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.
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3105. Buildings not to be draped in mourning.

SUBCHAPTER II—ACQUIRING LAND

3111. Approval of sufficiency of title prior to acquisition.

3112. Federal jurisdiction.

3113. Acquisition by condemnation.

3114. Declaration of taking.

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

3116. Interest as part of just compensation.

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

3118. Right of taking as addition to existing rights.

SUBCHAPTER III—BONDS

3131. Bonds of contractors of public buildings or works.

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

3133. Rights of persons furnishing labor or material.

3134. Waivers for certain contracts.

SUBCHAPTER IV—WAGE RATE REQUIREMENTS

3141. Definitions.

3142. Rate of wages for laborers and mechanics.

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

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

3145. Regulations governing contractors and subcontractors.

3146. Effect on other federal laws.

3147. Suspension of this subchapter during a national emergency.

3148. Application of this subchapter to certain contracts.

SUBCHAPTER V—VOLUNTEER SERVICES

3161. Purpose.

3162. Waiver for individuals who perform volunteer services.

SUBCHAPTER VI—MISCELLANEOUS

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

3172. Extension of state workers’ compensation laws to buildings, works, and property of the

Federal Government.

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

Services Administration.

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

3175. Acceptance of gifts of property.

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

international bodies.

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 mili6 tary reservations purchased or erected out of any appropriation under the

7 control of the Administrator of General Services, and the sites of the public

8 buildings, are under the exclusive jurisdiction and control, and in the custody

9 of, the Administrator. The Administrator may take possession of the buildings

10 and assign and reassign rooms in the buildings to federal officials, clerks, and

11 employees that the Administrator believes should be furnished with offices or

12 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 indi4 viduals with disabilities and especially trained and educated for that purpose

5 shall be admitted to any building or other property owned or controlled by

6 the Federal Government on the same terms and conditions, and subject to the

7 same regulations, as generally govern the admission of the public to the prop8 erty. The animals are not permitted to run free or roam in a building or

9 on the property and must be in guiding harness or on leash and under the

10 control of the individual at all times while in a building or on the property.

11 (b) REGULATIONS.—The head of each department or other agency of the

12 Government may prescribe regulations the individual considers necessary in

13 the public interest to carry out this section as it applies to any building or

14 other property subject to the individual’s jurisdiction.

15 § 3104. Furniture for new buildings

16 Furniture for all new public buildings shall be acquired in accordance with

17 plans and specifications approved by the Administrator of General Services.

18 § 3105. Buildings not to be draped in mourning

19 No building owned, or used for public purposes, by the Federal Government

20 shall be draped in mourning nor may public money be used for that purpose.

21 SUBCHAPTER II—ACQUIRING LAND

22 § 3111. Approval of sufficiency of title prior to acquisition

23 (a) APPROVAL OF ATTORNEY GENERAL REQUIRED.—Public money may

24 not be expended to purchase land or any interest in land unless the Attorney

25 General gives prior written approval of the sufficiency of the title to the land

26 for the purpose for which the Federal Government is acquiring the property.

27 (b) DELEGATION.—

28 (1) IN GENERAL.—The Attorney General may delegate the responsi29 bility under this section to other departments and agencies of the Govern30 ment, subject to general supervision by the Attorney General and in ac31 cordance with regulations the Attorney General prescribes.

32 (2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department or

33 agency of the Government that has been delegated the responsibility to

34 approve land titles under this section may request the Attorney General

35 to render an opinion as to the validity of the title to any real property

36 or interest in the property, or may request the advice or assistance of

37 the Attorney General in connection with determinations as to the suffi38 ciency of titles.

39 (c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF TITLE.—

40 Except where otherwise authorized by law or provided by contract, the ex41 penses of procuring certificates of titles or other evidences of title as the Attor-
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1 ney General may require may be paid out of the appropriations for the acqui2 sition of land or out of the appropriations made for the contingencies of the

3 acquiring department or agency of the Government.

4 (d) NONAPPLICATION.—This section does not affect any provision of law in

5 effect on September 1, 1970, that is applicable to the acquisition of land or

6 interests in land by the Tennessee Valley Authority.

7 § 3112. Federal jurisdiction

8 (a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that the

9 Federal Government obtain exclusive jurisdiction in the United States over

10 land or an interest in land it acquires.

11 (b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the head of

12 a department, agency, or independent establishment of the Government, or

13 other authorized officer of the department, agency, or independent establish14 ment, considers it desirable, that individual may accept or secure, from the

15 State in which land or an interest in land that is under the immediate juris16 diction, custody, or control of the individual is situated, consent to, or cession

17 of, any jurisdiction over the land or interest not previously obtained. The in18 dividual shall indicate acceptance of jurisdiction on behalf of the Government

19 by filing a notice of acceptance with the Governor of the State or in another

20 manner prescribed by the laws of the State where the land is situated.

21 (c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not

22 been accepted until the Government accepts jurisdiction over land as provided

23 in this section.

24 § 3113. Acquisition by condemnation

25 An officer of the Federal Government authorized to acquire real estate for

26 the erection of a public building or for other public uses may acquire the real

27 estate for the Government by condemnation, under judicial process, when the

28 officer believes that it is necessary or advantageous to the Government to do

29 so. The Attorney General, on application of the officer, shall have condemna30 tion proceedings begun within 30 days from receipt of the application at the

31 Department of Justice.

32 § 3114. Declaration of taking

33 (a) FILING AND CONTENT.—In any proceeding in any court of the United

34 States outside of the District of Columbia brought by and in the name of the

35 United States and under the authority of the Federal Government to acquire

36 land, or an easement or right of way in land, for the public use, the petitioner

37 may file, with the petition or at any time before judgment, a declaration of

38 taking signed by the authority empowered by law to acquire the land de39 scribed in the petition, declaring that the land is taken for the use of the Gov40 ernment. The declaration of taking shall contain or have annexed to it—
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1 (1) a statement of the authority under which, and the public use for

2 which, the land is taken;

3 (2) a description of the land taken that is sufficient to identify the

4 land;

5 (3) a statement of the estate or interest in the land taken for public

6 use;

7 (4) a plan showing the land taken; and

8 (5) a statement of the amount of money estimated by the acquiring

9 authority to be just compensation for the land taken.

10 (b) VESTING OF TITLE.—On filing the declaration of taking and depositing

11 in the court, to the use of the persons entitled to the compensation, the amount

12 of the estimated compensation stated in the declaration—

13 (1) title to the estate or interest specified in the declaration vests in

14 the Government;

15 (2) the land is condemned and taken for the use of the Government;

16 and

17 (3) the right to just compensation for the land vests in the persons en18 titled to the compensation.

19 (c) COMPENSATION.—

20 (1) DETERMINATION AND AWARD.—Compensation shall be determined

21 and awarded in the proceeding and established by judgment. The judg22 ment shall include interest, in accordance with section 3116 of this title,

23 on the amount finally awarded as the value of the property as of the

24 date of taking and shall be awarded from that date to the date of pay25 ment. Interest shall not be allowed on as much of the compensation as

26 has been paid into the court. Amounts paid into the court shall not be

27 charged with commissions or poundage.

28 (2) ORDER TO PAY.—On application of the parties in interest, the

29 court may order that any part of the money deposited in the court be

30 paid immediately for or on account of the compensation to be awarded

31 in the proceeding.

32 (3) DEFICIENCY JUDGMENT.—If the compensation finally awarded is

33 more than the amount of money received by any person entitled to com34 pensation, the court shall enter judgment against the Government for the

35 amount of the deficiency.

36 (d) AUTHORITY OF COURT.—On the filing of a declaration of taking, the

37 court—

38 (1) may fix the time within which, and the terms on which, the par39 ties in possession shall be required to surrender possession to the peti40 tioner; and
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1 (2) may make just and equitable orders in respect of encumbrances,

2 liens, rents, taxes, assessments, insurance, and other charges.

3 (e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or un4 dertaking given in a proceeding does not prevent or delay the vesting of title

5 to land in the Government.

6 § 3115. Irrevocable commitment of Federal Government to

7 pay ultimate award when fixed

8 (a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under section

9 3114 of this title irrevocably committing the Federal Government to the pay10 ment of the ultimate award shall not be taken unless the head of the executive

11 department or agency or bureau of the Government empowered to acquire the

12 land believes that the ultimate award probably will be within any limits Con13 gress prescribes on the price to be paid.

14 (b) AUTHORIZED PURPOSES OF EXPENDITURES AFTER IRREVOCABLE

15 COMMITMENT MADE.—When the Government has taken or may take title to

16 real property during a condemnation proceeding and in advance of final

17 judgment in the proceeding and has become irrevocably committed to pay the

18 amount ultimately to be awarded as compensation, and the Attorney General

19 believes that title to the property has been vested in the Government or that

20 all persons having an interest in the property have been made parties to the

21 proceeding and will be bound by the final judgment, the Government may ex22 pend amounts appropriated for that purpose to demolish existing structures

23 on the property and to erect public buildings or public works on the property.

24 § 3116. Interest as part of just compensation

25 (a) CALCULATION.—The district court shall calculate interest required to be

26 paid under this subchapter as follows:

27 (1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period for

28 which interest is owed is not more than one year, interest shall be cal29 culated from the date of taking at an annual rate equal to the weekly

30 average one-year constant maturity Treasury yield, as published by the

31 Board of Governors of the Federal Reserve System, for the calendar week

32 preceding the date of taking.

33 (2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which

34 interest is owed is more than one year, interest for the first year shall

35 be calculated in accordance with paragraph (1) and interest for each ad36 ditional year shall be calculated on the amount by which the award of

37 compensation is more than the deposit referred to in section 3114 of this

38 title, plus accrued interest, at an annual rate equal to the weekly average

39 one-year constant maturity Treasury yield, as published by the Board

40 of Governors of the Federal Reserve System, for the calendar week pre41 ceding the beginning of each additional year.
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1 (b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Administra2 tive Office of the United States Courts shall distribute to all federal courts

3 notice of the rates described in paragraphs (1) and (2) of subsection (a).

4 § 3117. Exclusion of certain property by stipulation of Attor5 ney General

6 In any condemnation proceeding brought by or on behalf of the Federal

7 Government, the Attorney General may stipulate or agree on behalf of the

8 Government to exclude any part of the property, or any interest in the prop9 erty, taken by or on behalf of the Government by a declaration of taking or

10 otherwise.

11 § 3118. Right of taking as addition to existing rights

12 The right to take possession and title in advance of final judgment in con13 demnation proceedings as provided by section 3114 of this title is in addition

14 to any right, power, or authority conferred by the laws of the United States

15 or of a State, territory, or possession of the United States under which the

16 proceeding may be conducted, and does not abrogate, limit, or modify that

17 right, power, or authority.

18 SUBCHAPTER III—BONDS

19 § 3131. Bonds of contractors of public buildings or works

20 (a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a person

21 awarded a contract described in subsection (b).

22 (b) TYPE OF BONDS REQUIRED.—Before any contract of more than

23 $100,000 is awarded for the construction, alteration, or repair of any public

24 building or public work of the Federal Government, a person must furnish

25 to the Government the following bonds, which become binding when the con26 tract is awarded:

27 (1) PERFORMANCE BOND.—A performance bond with a surety satisfac28 tory to the officer awarding the contract, and in an amount the officer

29 considers adequate, for the protection of the Government.

30 (2) PAYMENT BOND.—A payment bond with a surety satisfactory to

31 the officer for the protection of all persons supplying labor and material

32 in carrying out the work provided for in the contract for the use of each

33 person. The amount of the payment bond shall equal the total amount

34 payable by the terms of the contract unless the officer awarding the con35 tract determines, in a writing supported by specific findings, that a pay36 ment bond in that amount is impractical, in which case the contracting

37 officer shall set the amount of the payment bond. The amount of the pay38 ment bond shall not be less than the amount of the performance bond.

39 (c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—

40 (1) IN GENERAL.—Every performance bond required under this section

41 specifically shall provide coverage for taxes the Government imposes
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1 which are collected, deducted, or withheld from wages the contractor pays

2 in carrying out the contract with respect to which the bond is furnished.

3 (2) NOTICE.—The Government shall give the surety on the bond writ4 ten notice, with respect to any unpaid taxes attributable to any period,

5 within 90 days after the date when the contractor files a return for the

6 period, except that notice must be given no later than 180 days from the

7 date when a return for the period was required to be filed under the In8 ternal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

9 (3) CIVIL ACTION.—The Government may not bring a civil action on

10 the bond for the taxes—

11 (A) unless notice is given as provided in this subsection; and

12 (B) more than one year after the day on which notice is given.

13 (d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUN14 TRIES.—A contracting officer may waive the requirement of a performance

15 bond and payment bond for work under a contract that is to be performed

16 in a foreign country if the officer finds that it is impracticable for the con17 tractor to furnish the bonds.

18 (e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does not

19 limit the authority of a contracting officer to require a performance bond or

20 other security in addition to those, or in cases other than the cases, specified

21 in subsection (b).

22 § 3132. Alternatives to payment bonds provided by Federal

23 Acquisition Regulation

24 (a) IN GENERAL.—The Federal Acquisition Regulation shall provide alter25 natives to payment bonds as payment protections for suppliers of labor and

26 materials under contracts referred to in section 3131(a) of this title that are

27 more than $25,000 and not more than $100,000.

28 (b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting officer

29 for a contract shall—

30 (1) select, from among the payment protections provided for in the

31 Federal Acquisition Regulation pursuant to subsection (a), one or more

32 payment protections which the offeror awarded the contract is to submit

33 to the Federal Government for the protection of suppliers of labor and

34 materials for the contract; and

35 (2) specify in the solicitation of offers for the contract the payment

36 protections selected.

37 § 3133. Rights of persons furnishing labor or material

38 (a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY OF

39 BOND.—The department secretary or agency head of the contracting agency

40 shall furnish a certified copy of a payment bond and the contract for which

41 it was given to any person applying for a copy who submits an affidavit that
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1 the person has supplied labor or material for work described in the contract

2 and payment for the work has not been made or that the person is being sued

3 on the bond. The copy is prima facie evidence of the contents, execution, and

4 delivery of the original. Applicants shall pay any fees the department sec5 retary or agency head of the contracting agency fixes to cover the cost of pre6 paring the certified copy.

7 (b) RIGHT TO BRING A CIVIL ACTION.—

8 (1) IN GENERAL.—Every person that has furnished labor or material

9 in carrying out work provided for in a contract for which a payment

10 bond is furnished under section 3131 of this title and that has not been

11 paid in full within 90 days after the day on which the person did or

12 performed the last of the labor or furnished or supplied the material for

13 which the claim is made may bring a civil action on the payment bond

14 for the amount unpaid at the time the civil action is brought and may

15 prosecute the action to final execution and judgment for the amount due.

16 (2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH A

17 SUBCONTRACTOR.—A person having a direct contractual relationship

18 with a subcontractor but no contractual relationship, express or implied,

19 with the contractor furnishing the payment bond may bring a civil ac20 tion on the payment bond on giving written notice to the contractor

21 within 90 days from the date on which the person did or performed the

22 last of the labor or furnished or supplied the last of the material for

23 which the claim is made. The action must state with substantial accu24 racy the amount claimed and the name of the party to whom the mate25 rial was furnished or supplied or for whom the labor was done or per26 formed. The notice shall be served—

27 (A) by any means that provides written, third-party verification

28 of delivery to the contractor at any place the contractor maintains

29 an office or conducts business or at the contractor’s residence; or

30 (B) in any manner in which the United States marshal of the

31 district in which the public improvement is situated by law may

32 serve summons.

33 (3) VENUE.—A civil action brought under this subsection must be

34 brought—

35 (A) in the name of the United States for the use of the person

36 bringing the action; and

37 (B) in the United States District Court for any district in which

38 the contract was to be performed and executed, regardless of the

39 amount in controversy.

40 (4) PERIOD IN WHICH ACTION MUST BE BROUGHT.—An action brought

41 under this subsection must be brought no later than one year after the
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1 day on which the last of the labor was performed or material was sup2 plied by the person bringing the action.

3 (5) LIABILITY OF FEDERAL GOVERNMENT.—The Government is not

4 liable for the payment of any costs or expenses of any civil action

5 brought under this subsection.

6 (c) A waiver of the right to bring a civil action on a payment bond re7 quired under this subchapter is void unless the waiver is—

8 (1) in writing;

9 (2) signed by the person whose right is waived; and

10 (3) executed after the person whose right is waived has furnished labor

11 or material for use in the performance of the contract.

12 § 3134. Waivers for certain contracts

13 (a) MILITARY.—The Secretary of the Army, the Secretary of the Navy, the

14 Secretary of the Air Force, or the Secretary of Transportation may waive this

15 subchapter with respect to cost-plus-a-fixed fee and other cost-type contracts

16 for the construction, alteration, or repair of any public building or public

17 work of the Federal Government and with respect to contracts for manufac18 turing, producing, furnishing, constructing, altering, repairing, processing, or

19 assembling vessels, aircraft, munitions, materiel, or supplies for the Army,

20 Navy, Air Force, or Coast Guard, respectively, regardless of the terms of the

21 contracts as to payment or title.

22 (b) TRANSPORTATION.—The Secretary of Transportation may waive this

23 subchapter with respect to contracts for the construction, alteration, or repair

24 of vessels when the contract is made under sections 1535 and 1536 of title

25 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or the Mer26 chant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), regardless of the

27 terms of the contracts as to payment or title.

28 SUBCHAPTER IV—WAGE RATE REQUIREMENTS

29 § 3141. Definitions

30 In this subchapter, the following definitions apply:

31 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ has the

32 same meaning that the term ‘‘United States’’ had in the Act of March

33 3, 1931 (ch. 411, 46 Stat. 1494 (known as the Davis-Bacon Act).

34 (2) WAGES, SCALE OF WAGES, WAGE RATES, MINIMUM WAGES, AND

35 PREVAILING WAGES.—The terms ‘‘wages’’, ‘‘scale of wages’’, ‘‘wage rates’’,

36 ‘‘minimum wages’’, and ‘‘prevailing wages’’ include—

37 (A) the basic hourly rate of pay; and

38 (B) for medical or hospital care, pensions on retirement or death,

39 compensation for injuries or illness resulting from occupational ac40 tivity, or insurance to provide any of the forgoing, for unemploy41 ment benefits, life insurance, disability and sickness insurance, or
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1 accident insurance, for vacation and holiday pay, for defraying the

2 costs of apprenticeship or other similar programs, or for other bona

3 fide fringe benefits, but only where the contractor or subcontractor

4 is not required by other federal, state, or local law to provide any

5 of those benefits, the amount of—

6 (i) the rate of contribution irrevocably made by a contractor

7 or subcontractor to a trustee or to a third person under a fund,

8 plan, or program; and

9 (ii) the rate of costs to the contractor or subcontractor that

10 may be reasonably anticipated in providing benefits to laborers

11 and mechanics pursuant to an enforceable commitment to

12 carry out a financially responsible plan or program which was

13 communicated in writing to the laborers and mechanics af14 fected.

15 § 3142. Rate of wages for laborers and mechanics

16 (a) APPLICATION.—The advertised specifications for every contract in ex17 cess of $2,000, to which the Federal Government or the District of Columbia

18 is a party, for construction, alteration, or repair, including painting and

19 decorating, of public buildings and public works of the Government or the

20 District of Columbia that are located in a State or the District of Columbia

21 and which requires or involves the employment of mechanics or laborers shall

22 contain a provision stating the minimum wages to be paid various classes

23 of laborers and mechanics.

24 (b) BASED ON PREVAILING WAGE.—The minimum wages shall be based on

25 the wages the Secretary of Labor determines to be prevailing for the cor26 responding classes of laborers and mechanics employed on projects of a char27 acter similar to the contract work in the civil subdivision of the State in

28 which the work is to be performed, or in the District of Columbia if the work

29 is to be performed there.

30 (c) STIPULATIONS REQUIRED IN CONTRACT.—Every contract based upon

31 the specifications referred to in subsection (a) must contain stipulations

32 that—

33 (1) the contractor or subcontractor shall pay all mechanics and labor34 ers employed directly on the site of the work, unconditionally and at

35 least once a week, and without subsequent deduction or rebate on any

36 account, the full amounts accrued at time of payment, computed at wage

37 rates not less than those stated in the advertised specifications, regardless

38 of any contractual relationship which may be alleged to exist between the

39 contractor or subcontractor and the laborers and mechanics;

40 (2) the contractor will post the scale of wages to be paid in a promi41 nent and easily accessible place at the site of the work; and
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1 (3) there may be withheld from the contractor so much of accrued pay2 ments as the contracting officer considers necessary to pay to laborers

3 and mechanics employed by the contractor or any subcontractor on the

4 work the difference between the rates of wages required by the contract

5 to be paid laborers and mechanics on the work and the rates of wages

6 received by the laborers and mechanics and not refunded to the con7 tractor or subcontractors or their agents.

8 (d) DISCHARGE OF OBLIGATION.—The obligation of a contractor or subcon9 tractor to make payment in accordance with the prevailing wage determina10 tions of the Secretary of Labor, under this subchapter and other laws incor11 porating this subchapter by reference, may be discharged by making payments

12 in cash, by making contributions described in section 3141(2)(B)(i) of this

13 title, by assuming an enforceable commitment to bear the costs of a plan or

14 program referred to in section 3141(2)(B)(ii) of this title, or by any combina15 tion of payment, contribution, and assumption, where the aggregate of the

16 payments, contributions, and costs is not less than the basic hourly rate of

17 pay plus the amount referred to in section 3141(2)(B).

18 (e) OVERTIME PAY.—In determining the overtime pay to which a laborer

19 or mechanic is entitled under any federal law, the regular or basic hourly

20 rate of pay (or other alternative rate on which premium rate of overtime com21 pensation is computed) of the laborer or mechanic is deemed to be the rate

22 computed under section 3141(2)(A) of this title, except that where the amount

23 of payments, contributions, or costs incurred with respect to the laborer or

24 mechanic exceeds the applicable prevailing wage, the regular or basic hourly

25 rate of pay (or other alternative rate) is the amount of payments, contribu26 tions, or costs actually incurred with respect to the laborer or mechanic minus

27 the greater of the amount of contributions or costs of the types described in

28 section 3141(2)(B) of this title actually incurred with respect to the laborer

29 or mechanic or the amount determined under section 3141(2)(B) but not actu30 ally paid.

31 § 3143. Termination of work on failure to pay agreed wages

32 Every contract within the scope of this subchapter shall contain a provision

33 that if the contracting officer finds that any laborer or mechanic employed

34 by the contractor or any subcontractor directly on the site of the work covered

35 by the contract has been or is being paid a rate of wages less than the rate

36 of wages required by the contract to be paid, the Federal Government by writ37 ten notice to the contractor may terminate the contractor’s right to proceed

38 with the work or the part of the work as to which there has been a failure

39 to pay the required wages. The Government may have the work completed,

40 by contract or otherwise, and the contractor and the contractor’s sureties shall

41 be liable to the Government for any excess costs the Government incurs.
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1 § 3144. Authority of Comptroller General to pay wages and

2 list contractors violating contracts

3 (a) PAYMENT OF WAGES.—

4 (1) IN GENERAL.—The Comptroller General shall pay directly to la5 borers and mechanics from any accrued payments withheld under the

6 terms of a contract any wages found to be due laborers and mechanics

7 under this subchapter.

8 (2) RIGHT OF ACTION.—If the accrued payments withheld under the

9 terms of the contract are insufficient to reimburse all the laborers and

10 mechanics who have not been paid the wages required under this sub11 chapter, the laborers and mechanics have the same right to bring a civil

12 action and intervene against the contractor and the contractor’s sureties

13 as is conferred by law on persons furnishing labor or materials. In those

14 proceedings it is not a defense that the laborers and mechanics accepted

15 or agreed to accept less than the required rate of wages or voluntarily

16 made refunds.

17 (b) LIST OF CONTRACTORS VIOLATING CONTRACTS.—

18 (1) IN GENERAL.—The Comptroller General shall distribute to all de19 partments of the Federal Government a list of the names of persons

20 whom the Comptroller General has found to have disregarded their obli21 gations to employees and subcontractors.

22 (2) RESTRICTION ON AWARDING CONTRACTS.—No contract shall be

23 awarded to persons appearing on the list or to any firm, corporation,

24 partnership, or association in which the persons have an interest until

25 three years have elapsed from the date of publication of the list.

26 § 3145. Regulations governing contractors and subcontrac27 tors

28 (a) IN GENERAL.—The Secretary of Labor shall prescribe reasonable regu29 lations for contractors and subcontractors engaged in constructing, carrying

30 out, completing, or repairing public buildings, public works, or buildings or

31 works that at least partly are financed by a loan or grant from the Federal

32 Government. The regulations shall include a provision that each contractor

33 and subcontractor each week must furnish a statement on the wages paid each

34 employee during the prior week.

35 (b) APPLICATION.—Section 1001 of title 18 applies to the statements.

36 § 3146. Effect on other federal laws

37 This subchapter does not supersede or impair any authority otherwise

38 granted by federal law to provide for the establishment of specific wage rates.
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1 § 3147. Suspension of this subchapter during a national

2 emergency

3 The President may suspend the provisions of this subchapter during a na4 tional emergency.

5 § 3148. Application of this subchapter to certain contracts

6 This subchapter applies to a contract authorized by law that is made with7 out regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or on a cost8 plus-a-fixed-fee basis or otherwise without advertising for proposals, if this

9 subchapter otherwise would apply to the contract.

10 SUBCHAPTER V—VOLUNTEER SERVICES

11 § 3161. Purpose

12 It is the purpose of this subchapter to promote and provide opportunities

13 for individuals who wish to volunteer their services to state or local govern14 ments, public agencies, or nonprofit charitable organizations in the construc15 tion, repair, or alteration (including painting and decorating) of public

16 buildings and public works that at least partly are financed with federal fi17 nancial assistance authorized under certain federal programs and that other18 wise might not be possible without the use of volunteers.

19 § 3162. Waiver for individuals who perform volunteer serv20 ices

21 (a) CRITERIA FOR RECEIVING WAIVER.—The requirement that certain la22 borers and mechanics be paid in accordance with the wage-setting provisions

23 of subchapter IV of this chapter as set forth in the Indian Self-Determination

24 and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian Health Care

25 Improvement Act (25 U.S.C. 1601 et seq.), and the Housing and Community

26 Development Act of 1974 (42 U.S.C. 5301 et seq.) does not apply to an

27 individual—

28 (1) who volunteers to perform a service directly to a state or local gov29 ernment, a public agency, or a public or private nonprofit recipient of

30 federal assistance—

31 (A) for civic, charitable, or humanitarian reasons;

32 (B) only for the personal purpose or pleasure of the individual;

33 (C) without promise, expectation, or receipt of compensation for

34 services rendered, except as provided in subsection (b); and

35 (D) freely and without pressure or coercion, direct or implied,

36 from any employer;

37 (2) whose contribution of service is not for the direct or indirect ben38 efit of any contractor otherwise performing or seeking to perform work

39 on the same project for which the individual is volunteering;
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1 (3) who is not employed by and does not provide services to a con2 tractor or subcontractor at any time on the federally assisted or insured

3 project for which the individual is volunteering; and

4 (4) who otherwise is not employed by the same public agency or re5 cipient of federal assistance to perform the same type of services as those

6 for which the individual proposes to volunteer.

7 (b) PAYMENTS.—

8 (1) IN ACCORDANCE WITH REGULATIONS.—Volunteers described in sub9 section (a) who are performing services directly to a state or local gov10 ernment or public agency may receive payments of expenses, reasonable

11 benefits, or a nominal fee only in accordance with regulations the Sec12 retary of Labor prescribes. Volunteers who are performing services di13 rectly to a public or private nonprofit entity may not receive those pay14 ments.

15 (2) CRITERIA AND CONTENT OF REGULATIONS.—In prescribing the

16 regulations, the Secretary shall consider criteria such as the total amount

17 of payments made (relating to expenses, benefits, or fees) in the context

18 of the economic realities. The regulations shall include provisions that

19 provide that—

20 (A) a payment for an expense may be received by a volunteer for

21 items such as uniform allowances, protective gear and clothing, re22 imbursement for approximate out-of-pocket expenses, or the cost or

23 expense of meals and transportation;

24 (B) a reasonable benefit may include the inclusion of a volunteer

25 in a group insurance plan (such as a liability, health, life, dis26 ability, or worker’s compensation plan) or pension plan, or the

27 awarding of a length of service award; and

28 (C) a nominal fee may not be used as a substitute for compensa29 tion and may not be connected to productivity.

30 (3) NOMINAL FEE.—The Secretary shall decide what constitutes a

31 nominal fee for purposes of paragraph (2)(C). The decision shall be based

32 on the context of the economic realities of the situation involved.

33 (c) ECONOMIC REALITY.—In determining whether an expense, benefit, or

34 fee described in subsection (b) may be paid to volunteers in the context of the

35 economic realities of the particular situation, the Secretary may not permit

36 any expense, benefit, or fee that has the effect of undermining labor standards

37 by creating downward pressure on prevailing wages in the local construction

38 industry.
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1 SUBCHAPTER VI—MISCELLANEOUS

2 § 3171. Contract authority when appropriation is for less

3 than full amount

4 Unless specifically directed otherwise, the Administrator of General Services

5 may make a contract within the full limit of the cost fixed by Congress for

6 the acquisition of land for sites, or for the enlargement of sites, for public

7 buildings, or for the erection, remodeling, extension, alteration, and repairs

8 of public buildings, even though an appropriation is made for only part of

9 the amount necessary to carry out legislation authorizing that purpose.

10 § 3172. Extension of state workers’ compensation laws to

11 buildings, works, and property of the Federal Gov12 ernment

13 (a) AUTHORIZATION OF EXTENSION.—The state authority charged with en14 forcing and requiring compliance with the state workers’ compensation laws

15 and with the orders, decisions, and awards of the authority may apply the

16 laws to all land and premises in the State which the Federal Government

17 owns or holds by deed or act of cession, and to all projects, buildings, con18 structions, improvements, and property in the State and belonging to the Gov19 ernment, in the same way and to the same extent as if the premises were

20 under the exclusive jurisdiction of the State in which the land, premises,

21 projects, buildings, constructions, improvements, or property are located.

22 (b) LIMITATION ON RELINQUISHING JURISDICTION.—The Government

23 under this section does not relinquish its jurisdiction for any other purpose.

24 (c) NONAPPLICATION.—This section does not modify or amend subchapter

25 I of chapter 81 of title 5.

26 § 3173. Working capital fund for blueprinting, photostating,

27 and duplicating services in General Services Ad28 ministration

29 (a) ESTABLISHMENT AND PURPOSE.—There is a working capital fund for

30 the payment of salaries and other expenses necessary to the operation of a

31 central blue-printing, photostating, and duplicating service.

32 (b) COMPONENTS.—The fund consists of—

33 (1) $50,000 without fiscal year limitation; and

34 (2) reimbursements from available amounts of constituents of the Ad35 ministrator of General Services, or of any other federal agency for which

36 services are performed, at rates to be determined by the Administrator

37 on the basis of estimated or actual charges for personal services, mate38 rial, equipment (including maintenance, repair, and depreciation on ex39 isting and new equipment) and other expenses, to ensure continuous op40 eration.
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1 (c) DEPOSIT OF EXCESS AMOUNTS IN THE TREASURY.—At the close of each

2 fiscal year any excess amount resulting from operation of the service, after

3 adequately providing for the replacement of mechanical and other equipment

4 and for accrued annual leave of employees engaged in this work by the estab5 lishment of reserves for those purposes, shall be deposited in the Treasury as

6 miscellaneous receipts.

7 § 3174. Operation of public utility communications services

8 serving governmental activities

9 The Administrator of General Services may provide and operate public

10 utility communications services serving any governmental activity when the

11 services are economical and in the interest of the Federal Government. This

12 section does not apply to communications systems for handling messages of

13 a confidential or secret nature, the operation of cryptographic equipment or

14 transmission of secret, security, or coded messages, or buildings operated or

15 occupied by the United States Postal Service, except on request of the depart16 ment or agency concerned.

17 § 3175. Acceptance of gifts of property

18 The Administrator of General Services, and the United States Postal Serv19 ice where that office is concerned, may accept on behalf of the Federal Govern20 ment unconditional gifts of property in aid of any project or function within

21 their respective jurisdictions.

22 § 3176. Administrator of General Services to furnish services

23 in continental United States to international bod24 ies

25 Sections 1535 and 1536 of title 31 are extended so that the Administrator

26 of General Services, at the request of the Secretary of State, may furnish serv27 ices in the continental United States, on a reimbursable basis, to any inter28 national body with which the Federal Government is affiliated.

29 CHAPTER 33—ACQUISITION, CONSTRUCTION, AND

30 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.
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1 § 3301. Definitions and nonapplication

2 (a) DEFINITIONS.—In this chapter—

3 (1) ALTER.—The term ‘‘alter’’ includes—

4 (A) preliminary planning, engineering, architectural, legal, fis5 cal, and economic investigations and studies, surveys, designs,

6 plans, working drawings, specifications, procedures, and other simi7 lar actions necessary for the alteration of a public building; and

8 (B) repairing, remodeling, improving, or extending, or other

9 changes in, a public building.

10 (2) CONSTRUCT.—The term ‘‘construct’’ includes preliminary plan11 ning, engineering, architectural, legal, fiscal, and economic investigations

12 and studies, surveys, designs, plans, working drawings, specifications,

13 procedures, and other similar actions necessary for the construction of

14 a public building.

15 (3) EXECUTIVE AGENCY.–The term ‘‘executive agency’’ means an execu16 tive department or independent establishment in the executive branch of

17 the Federal Government, including—

18 (A) any wholly owned Government corporation;

19 (B) the Central-Bank for Cooperatives and the regional banks for

20 cooperatives;

21 (C) federal land banks;

22 (D) federal intermediate credit banks;

23 (E) the Federal Deposit Insurance Corporation; and

24 (F) the Government National Mortgage Association.

25 (4) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an executive

26 agency or an establishment in the legislative or judicial branch of the

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

28 Architect of the Capitol and any activities under the direction of the Ar29 chitect).

30 (5) PUBLIC BUILDING.—The term ‘‘public building’’—

31 (A) means a building, whether for single or multitenant occu32 pancy, and its grounds, approaches, and appurtenances, which is

33 generally suitable for use as office or storage space or both by one

34 or more federal agencies or mixed-ownership Government corpora35 tions;

36 (B) includes—

37 (i) federal office buildings;

38 (ii) post offices;

39 (iii) customhouses;

40 (iv) courthouses;

41 (v) appraisers stores;
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1 (vi) border inspection facilities;

2 (vii) warehouses;

3 (viii) record centers;

4 (ix) relocation facilities;

5 (x) telecommuting centers;

6 (xi) similar federal facilities; and

7 (xii) any other buildings or construction projects the inclu8 sion of which the President considers to be justified in the pub9 lic interest; but

10 (C) does not include a building or construction project described

11 in subparagraphs (A) and (B)—

12 (i) that is on the public domain (including that reserved for

13 national forests and other purposes);

14 (ii) that is on property of the Government in foreign coun15 tries;

16 (iii) that is on Indian and native Eskimo property held in

17 trust by the Government;

18 (iv) that is on land used in connection with federal pro19 grams for agricultural, recreational, and conservation pur20 poses, including research in connection with the programs;

21 (v) that is on or used in connection with river, harbor, flood

22 control, reclamation or power projects, for chemical manufac23 turing or development projects, or for nuclear production, re24 search, or development projects;

25 (vi) that is on or used in connection with housing and resi26 dential projects;

27 (vii) that is on military installations (including any fort,

28 camp, post, naval training station, airfield, proving ground,

29 military supply depot, military school, or any similar facility

30 of the Department of Defense);

31 (viii) that is on installations of the Department of Veterans

32 Affairs used for hospital or domiciliary purposes; or

33 (ix) the exclusion of which the President considers to be jus34 tified in the public interest.

35 (6) UNITED STATES.—The term ‘‘United States’’ includes the States

36 of the United States, the District of Columbia, Puerto Rico, and the ter37 ritories and possessions of the United States.

38 (b) NONAPPLICATION.—This chapter does not apply to the construction of

39 any public building to which section 241(g) of the Immigration and Nation40 ality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930 (19

41 U.S.C. 68) applies.
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1 § 3302. Prohibition on construction of buildings except by Ad2 ministrator of General Services

3 Only the Administrator of General Services may construct a public build4 ing. The Administrator shall construct a public building in accordance with

5 this chapter.

6 § 3303. Continuing investigation and survey of public build7 ings

8 (a) CONDUCTED BY ADMINISTRATOR.—The Administrator of General Serv9 ices shall—

10 (1) make a continuing investigation and survey of the public buildings

11 needs of the Federal Government so that the Administrator may carry

12 out the duties of the Administrator under this chapter; and

13 (2) submit to Congress prospectuses of proposed projects in accordance

14 with section 3307(a) and (b) of this title.

15 (b) COOPERATION WITH FEDERAL AGENCIES.—

16 (1) DUTIES OF ADMINISTRATOR.—In carrying out the duties of the

17 Administrator under this chapter, the Administrator—

18 (A) shall cooperate with all federal agencies in order to keep in19 formed of their needs;

20 (B) shall advise each federal agency of the program with respect

21 to the agency; and

22 (C) may request the cooperation and assistance of each federal

23 agency in carrying out duties under this chapter.

24 (2) DUTY OF FEDERAL AGENCIES.—Each federal agency shall cooper25 ate with, advise, and assist the Administrator in carrying out the duties

26 of the Administrator under this chapter as determined necessary by the

27 Administrator to carry out the purposes of this chapter.

28 (c) REQUEST FOR IDENTIFICATION OF EXISTING BUILDINGS OF HISTOR29 ICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—When the Adminis30 trator undertakes a survey of the public buildings needs of the Government

31 within a geographical area, the Administrator shall request that, within 60

32 days, the Advisory Council on Historic Preservation established by title II of

33 the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify any

34 existing buildings in the geographical area that—

35 (1) are of historical, architectural, or cultural significance (as defined

36 in section 3306(a) of this title); and

37 (2) whether or not in need of repair, alteration, or addition, would

38 be suitable for acquisition to meet the public buildings needs of the Gov39 ernment.

40 (d) STANDARD FOR CONSTRUCTION AND ACQUISITION OF PUBLIC BUILD41 INGS.—In carrying out the duties of the Administrator under this chapter,
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1 the Administrator shall provide for the construction and acquisition of public

2 buildings equitably throughout the United States with due regard to the com3 parative urgency of the need for each particular building. In developing plans

4 for new buildings, the Administrator shall give due consideration to excellence

5 of architecture and design.

6 § 3304. Acquisition of buildings and sites

7 (a) IN GENERAL.—The Administrator of General Services may acquire, by

8 purchase, condemnation, donation, exchange, or otherwise, any building and

9 its site which the Administrator decides is necessary to carry out the duties

10 of the Administrator under this chapter.

11 (b) ACQUISITION OF LAND OR INTEREST IN LAND FOR USE AS SITES.—

12 The Administrator may acquire land or an interest in land the Adminis13 trator considers necessary for use as sites, or additions to sites, for public

14 buildings authorized to be constructed or altered under this chapter.

15 (c) PUBLIC BUILDINGS USED FOR POST OFFICE PURPOSES.—When any

16 part of a public building is to be used for post office purposes, the Adminis17 trator shall act jointly with the United States Postal Service in selecting the

18 town or city where the building is to be constructed, and in selecting the site

19 in the town or city for the building.

20 (d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE OF

21 REAL PROPERTY.—When the Administrator is to acquire a site under sub22 section (b), the Administrator, if the Administrator considers it necessary, by

23 public advertisement may solicit proposals for the sale, donation, or exchange

24 of real property to the Federal Government to be used as the site. In selecting

25 a site under subsection (b) the Administrator (with the concurrence of the

26 United States Postal Service if any part of the public building to be con27 structed on the site is to be used for post office purposes) may—

28 (1) select the site that the Administrator believes is the most advan29 tageous to the Government, all factors considered; and

30 (2) acquire the site without regard to title III of the Federal Property

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

32 § 3305. Construction and alteration of buildings

33 (a) CONSTRUCTION.—

34 (1) REPLACEMENT OF EXISTING BUILDINGS.—When the Administrator

35 of General Services considers it to be in the best interest of the Federal

36 Government to construct a new public building to take the place of an

37 existing public building, the Administrator may demolish the existing

38 building and use the site on which it is located for the site of the pro39 posed public building. If the Administrator believes that it is more ad40 vantageous to construct the public building on a different site in the

41 same city, the Administrator may exchange the building and site, or the
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1 site, for another site, or may sell the building and site in accordance

2 with subtitle I of this title and title III of the Federal Property and Ad3 ministrative Services Act of 1949 (41 U.S.C. 251 et seq.).

4 (2) SALE OR EXCHANGE OF SITES.—When the Administrator decides

5 that a site acquired for the construction of a public building is not suit6 able for that purpose, the Administrator may exchange the site for an7 other site, or may sell it in accordance with subtitle I of this title and

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

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

10 (3) COMMITTEE APPROVAL REQUIRED.—This subsection does not per11 mit the Administrator to use any land as a site for a public building

12 if the project has not been approved in accordance with section 3307 of

13 this title.

14 (b) ALTERATION OF BUILDINGS.—

15 (1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.—The Ad16 ministrator may—

17 (A) alter any public building; and

18 (B) acquire in accordance with section 3304(b)–(d) of this title

19 land necessary to carry out the alteration.

20 (2) COMMITTEE APPROVAL NOT REQUIRED.—

21 (A) THRESHOLD AMOUNT.—Approval under section 3307 of this

22 title is not required for any alteration and acquisition authorized

23 by this subsection for which the estimated maximum cost does not

24 exceed $1,500,000.

25 (B) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annu26 ally may adjust the dollar amount referred to in subparagraph (A)

27 to reflect a percentage increase or decrease in construction costs dur28 ing the prior calendar year, as determined by the composite index

29 of construction costs of the Department of Commerce. Any adjust30 ment shall be expeditiously reported to the Committee on Environ31 ment and Public Works of the Senate and the Committee on Trans32 portation and Infrastructure of the House of Representatives.

33 (c) CONSTRUCTION OR ALTERATION BY CONTRACT.—The Administrator

34 may carry out any construction or alteration authorized by this chapter by

35 contract if the Administrator considers it to be most advantageous to the Gov36 ernment.

37 § 3306. Accommodating federal agencies

38 (a) DEFINITIONS.—In this section—

39 (1) COMMERCIAL ACTIVITIES.—The term ‘‘commercial activities’’ in40 cludes the operations of restaurants, food stores, craft stores, dry goods

41 stores, financial institutions, and display facilities.
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1 (2) CULTURAL ACTIVITIES.—The term ‘‘cultural activities’’ includes

2 film, dramatic, dance, and musical presentations, and fine art exhibits,

3 whether or not those activities are intended to make a profit.

4 (3) EDUCATIONAL ACTIVITIES.—The terms ‘‘educational activities’’ in5 cludes the operations of libraries, schools, day care centers, laboratories,

6 and lecture and demonstration facilities.

7 (4) HISTORICAL, ARCHITECTURAL, OR CULTURAL SIGNIFICANCE.—The

8 term ‘‘historical, architectural, or cultural significance’’ includes build9 ings listed or eligible to be listed on the National Register established

10 under section 101 of the National Historic Preservation Act (16 U.S.C.

11 470a).

12 (5) RECREATIONAL ACTIVITIES.—The term ‘‘recreational activities’’

13 includes the operations of gymnasiums and related facilities.

14 (6) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of gen15 eral local government’’ means a city, county, town, parish, village, or

16 other general-purpose political subdivision of a State.

17 (b) DUTIES OF ADMINISTRATOR.—To carry out the duties of the Adminis18 trator of General Services under sections 581(h), 584(b), 3303(c), and

19 3307(b)(3) and (5) of this title and under any other authority with respect

20 to constructing, operating, maintaining, altering, and otherwise managing or

21 acquiring space necessary to accommodate federal agencies and to accomplish

22 the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the

23 Administrator shall—

24 (1) acquire and utilize space in suitable buildings of historical, archi25 tectural, or cultural significance, unless use of the space would not prove

26 feasible and prudent compared with available alternatives;

27 (2) encourage the location of commercial, cultural, educational, and

28 recreational facilities and activities in public buildings;

29 (3) provide and maintain space, facilities, and activities, to the extent

30 practicable, that encourage public access to, and stimulate public pedes31 trian traffic around, into, and through, public buildings, permitting co32 operative improvements to and uses of the area between the building and

33 the street, so that the activities complement and supplement commercial,

34 cultural, educational, and recreational resources in the neighborhood of

35 public buildings; and

36 (4) encourage the public use of public buildings for cultural, edu37 cational, and recreational activities.

38 (c) CONSULTATION AND SOLICITATION OF COMMENTS.—In carrying out the

39 duties under subsection (b), the Administrator shall—

40 (1) consult with chief executive officers of the States, areawide agencies

41 established pursuant to title II of the Demonstration Cities and Metro-
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1 politan Development Act of 1966 (42 U.S.C. 3331 et seq.) and section

2 6506 of title 31, and chief executive officers of those units of general local

3 government in each area served by an existing or proposed public build4 ing; and

5 (2) solicit the comments of other community leaders and members of

6 the general public as the Administrator considers appropriate.

7 § 3307. Congressional approval of proposed projects

8 (a) RESOLUTIONS REQUIRED BEFORE APPROPRIATIONS MAY BE MADE.—

9 The following appropriations may be made only if the Committee on Envi10 ronment and Public Works of the Senate and the Committee on Transpor11 tation and Infrastructure of the House of Representatives adopt resolutions

12 approving the purpose for which the appropriation is made:

13 (1) An appropriation to construct, alter, or acquire any building to

14 be used as a public building which involves a total expenditure in excess

15 of $1,500,000, so that the equitable distribution of public buildings

16 throughout the United States with due regard for the comparative ur17 gency of need for the buildings, except as provided in section 3305(b) of

18 this title, is ensured.

19 (2) An appropriation to lease any space at an average annual rental

20 in excess of $1,500,000 for use for public purposes.

21 (3) An appropriation to alter any building, or part of the building,

22 which is under lease by the Federal Government for use for a public pur23 pose if the cost of the alteration will exceed $750,000.

24 (b) TRANSMISSION TO CONGRESS OF PROSPECTUS OF PROPOSED

25 PROJECT.—To secure consideration for the approval referred to in subsection

26 (a), the Administrator of General Services shall transmit to Congress a pro27 spectus of the proposed facility, including—

28 (1) a brief description of the building to be constructed, altered, or ac29 quired, or the space to be leased, under this chapter;

30 (2) the location of the building or space to be leased and an estimate

31 of the maximum cost to the Government of the facility to be constructed,

32 altered, or acquired, or the space to be leased;

33 (3) a comprehensive plan for providing space for all Government offi34 cers and employees in the locality of the proposed facility or the space

35 to be leased, having due regard for suitable space which may continue

36 to be available in existing Government-owned or occupied buildings, es37 pecially those buildings that enhance the architectural, historical, social,

38 cultural, and economic environment of the locality;

39 (4) with respect to any project for the construction, alteration, or ac40 quisition of any building, a statement by the Administrator that suitable

41 space owned by the Government is not available and that suitable rental
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1 space is not available at a price commensurate with that to be afforded

2 through the proposed action;

3 (5) a statement by the Administrator of the economic and other jus4 tifications for not acquiring a building identified to the Administrator

5 under section 3303(c) of this title as suitable for the public building

6 needs of the Government; and

7 (6) a statement of rents and other housing costs currently being paid

8 by the Government for federal agencies to be housed in the building to

9 be constructed, altered, or acquired, or the space to be leased.

10 (c) INCREASE OF ESTIMATED MAXIMUM COST.—The estimated maximum

11 cost of any project approved under this section as set forth in any prospectus

12 may be increased by an amount equal to any percentage increase, as deter13 mined by the Administrator, in construction or alteration costs from the date

14 the prospectus is transmitted to Congress. The increase authorized by this sub15 section may not exceed 10 percent of the estimated maximum cost.

16 (d) RESCISSION OF APPROVAL.— If an appropriation is not made within

17 one year after the date a project for construction, alteration, or acquisition

18 is approved under subsection (a), the Committee on Environment and Public

19 Works of the Senate or the Committee on Transportation and Infrastructure

20 of the House of Representatives by resolution may rescind its approval before

21 an appropriation is made.

22 (e) EMERGENCY LEASES BY THE ADMINISTRATOR.—This section does not

23 prevent the Administrator from entering into emergency leases during any pe24 riod declared by the President to require emergency leasing authority. An

25 emergency lease may not be for more than 180 days without approval of a

26 prospectus for the lease in accordance with subsection (a).

27 (f) LIMITATION ON LEASING CERTAIN SPACE.—

28 (1) IN GENERAL.—The Administrator may not lease space to accom29 modate any of the following if the average rental cost of leasing the space

30 will exceed $1,500,000:

31 (A) Computer and telecommunications operations.

32 (B) Secure or sensitive activities related to the national defense

33 or security, except when it would be inappropriate to locate those

34 activities in a public building or other facility identified with the

35 Government.

36 (C) A permanent courtroom, judicial chamber, or administrative

37 office for any United States court.

38 (2) EXCEPTION.—The Administrator may lease space with respect to

39 which paragraph (1) applies if the Administrator—
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1 (A) decides, for reasons set forth in writing, that leasing the space

2 is necessary to meet requirements which cannot be met in public

3 buildings; and

4 (B) submits the reasons to the Committee on Environment and

5 Public Works of the Senate and the Committee on Transportation

6 and Infrastructure of the House of Representatives.

7 (g) DOLLAR AMOUNT ADJUSTMENT.—The Administrator annually may ad8 just any dollar amount referred to in this section to reflect a percentage in9 crease or decrease in construction costs during the prior calendar year, as de10 termined by the composite index of construction costs of the Department of

11 Commerce. Any adjustment shall be expeditiously reported to the Committee

12 on Environment and Public Works of the Senate and the Committee on

13 Transportation and Infrastructure of the House of Representatives.

14 § 3308. Architectural or engineering services

15 (a) EMPLOYMENT BY ADMINISTRATOR.—When the Administrator of Gen16 eral Services decides it to be necessary, the Administrator may employ, by

17 contract or otherwise, without regard to chapters 33 and 51 and subchapter

18 III of chapter 53 of title 5, civil service rules and regulations, or section 3709

19 of the Revised Statutes (41 U.S.C. 5), the services of established architectural

20 or engineering corporations, firms, or individuals, to the extent the Adminis21 trator may require those services for any public building authorized to be con22 structed or altered under this chapter.

23 (b) EMPLOYMENT ON PERMANENT BASIS NOT PERMITTED.—A corporation,

24 firm, or individual shall not be employed under authority of subsection (a)

25 on a permanent basis.

26 (c) RESPONSIBILITY OF ADMINISTRATOR.—Notwithstanding any other pro27 vision of this section, the Administrator is responsible for all construction au28 thorized by this chapter, including the interpretation of construction con29 tracts, approval of material and workmanship supplied under a construction

30 contract, approval of changes in the construction contract, certification of

31 vouchers for payments due the contractor, and final settlement of the contract.

32 § 3309. Buildings and sites in the District of Columbia

33 (a) IN GENERAL.—The purposes of this chapter shall be carried out in the

34 District of Columbia as nearly as may be practicable in harmony with the

35 plan of Peter Charles L’Enfant. Public buildings shall be constructed or al36 tered to combine architectural beauty with practical utility.

37 (b) CLOSING OF STREETS AND ALLEYS.—When the Administrator of Gen38 eral Services decides that constructing or altering a public building under this

39 chapter in the District of Columbia requires using contiguous squares as a

40 site for the building, parts of streets that lie between the squares, and alleys

41 that intersect the squares, may be closed and vacated if agreed to by the Ad-
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1 ministrator, the Council of the District of Columbia, and the National Cap2 ital Planning Commission. Those streets and alleys become part of the site.

3 (c) CONSULTATIONS PRIOR TO ACQUISITIONS.—

4 (1) WITH HOUSE OFFICE BUILDING COMMISSION.—The Administrator

5 must consult with the House Office Building Commission created by the

6 Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before the Administrator

7 may acquire land located south of Independence Avenue, between Third

8 Street SW and Eleventh Street SE, in the District of Columbia, for use

9 as a site or an addition to a site.

10 (2) WITH ARCHITECT OF CAPITOL.—The Administrator must consult

11 with the Architect of the Capitol before the Administrator may acquire

12 land located in the area extending from the United States Capitol

13 Grounds to Eleventh Street NE and SE and bounded by Independence

14 Avenue on the south and G Street NE on the north, in the District of

15 Columbia, for use as a site or an addition to a site.

16 (d) CONTRACTS FOR EVENTS IN STADIUM.—Notwithstanding the District

17 of Columbia Stadium Act of 1957 (Public Law 85–300, 71 Stat. 619) or any

18 other provision of law, the Armory Board may make contracts to conduct

19 events in Robert F. Kennedy Stadium.

20 § 3310. Special rules for leased buildings

21 For any building to be constructed for lease to, and for predominant use

22 by, the Federal Government, the Administrator of General Services—

23 (1) notwithstanding section 585(a)(1) of this title, shall not make any

24 agreement or undertake any commitment which will result in the con25 struction of the building until the Administrator has established detailed

26 specification requirements for the building;

27 (2) may acquire a leasehold interest in the building only by the use

28 of competitive procedures required by section 303 of the Federal Property

29 and Administrative Services Act of 1949 (41 U.S.C. 253);

30 (3) shall inspect every building during construction to establish that

31 the specifications established for the building are complied with;

32 (4) on completion of the building, shall evaluate the building to deter33 mine the extent of failure to comply with the specifications referred to

34 in clause (1); and

35 (5) shall ensure that any contract entered into for the building shall

36 contain provisions permitting a reduction of rent during any period

37 when the building is not in compliance with the specifications.

38 § 3311. State administration of criminal and health and

39 safety laws

40 When the Administrator of General Services considers it desirable, the Ad41 ministrator may assign to a State or a territory or possession of the United
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1 States any part of the authority of the Federal Government to administer

2 criminal laws and health and safety laws with respect to land or an interest

3 in land under the control of the Administrator and located in the State, terri4 tory, or possession. Assignment of authority under this section may be accom5 plished by filing with the chief executive officer of the State, territory, or pos6 session a notice of assignment to take effect on acceptance, or in another man7 ner as may be prescribed by the laws of the State, territory, or possession in

8 which the land or interest is located.

9 § 3312. Compliance with nationally recognized codes

10 (a) APPLICATION.—

11 (1) IN GENERAL.—This section applies to any project for construction

12 or alteration of a building for which amounts are first appropriated for

13 a fiscal year beginning after September 30, 1989.

14 (2) NATIONAL SECURITY WAIVER.—This section does not apply to a

15 building for which the Administrator of General Services or the head of

16 the federal agency authorized to construct or alter the building decides

17 that the application of this section to the building would adversely affect

18 national security. A decision under this subsection is not subject to ad19 ministrative or judicial review.

20 (b) BUILDING CODES.—Each building constructed or altered by the General

21 Services Administration or any other federal agency shall be constructed or

22 altered, to the maximum extent feasible as determined by the Administrator

23 or the head of the federal agency, in compliance with one of the nationally

24 recognized model building codes and with other applicable nationally recog25 nized codes, including electrical codes, fire and life safety codes, and plumbing

26 codes, as the Administrator decides is appropriate. In carrying out this sub27 section, the Administrator or the head of the federal agency shall use the latest

28 edition of the nationally recognized codes.

29 (c) ZONING LAWS.—Each building constructed or altered by the Adminis30 tration or any other federal agency shall be constructed or altered only after

31 consideration of all requirements (except procedural requirements) of the fol32 lowing laws of a State or a political subdivision of a State, which would

33 apply to the building if it were not a building constructed or altered by a

34 federal agency:

35 (1) Zoning laws.

36 (2) Laws relating to landscaping, open space, minimum distance of

37 a building from the property line, maximum height of a building, his38 toric preservation, esthetic qualities of a building, and other similar

39 laws.

40 (d) COOPERATION WITH STATE AND LOCAL OFFICIALS.—
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1 (1) STATE AND LOCAL GOVERNMENT CONSULTATION, REVIEW, AND IN2 SPECTIONS.—To meet the requirements of subsections (b) and (c), the Ad3 ministrator or the head of the federal agency authorized to construct or

4 alter the building—

5 (A) in preparing plans for the building, shall consult with appro6 priate officials of the State or political subdivision of a State, or

7 both, in which the building will be located;

8 (B) on request shall submit the plans in a timely manner to the

9 officials for review by the officials for a reasonable period of time

10 not exceeding 30 days; and

11 (C) shall permit inspection by the officials during construction or

12 alteration of the building, in accordance with the customary sched13 ule of inspections for construction or alteration of buildings in the

14 locality, if the officials provide to the Administrator or the head of

15 the federal agency—

16 (i) a copy of the schedule before construction of the building

17 is begun; and

18 (ii) reasonable notice of their intention to conduct any in19 spection before conducting the inspection.

20 (2) LIMITATION ON RESPONSIBILITIES.—This section does not impose

21 an obligation on any State or political subdivision to take any action

22 under paragraph (1).

23 (e) STATE AND LOCAL GOVERNMENT RECOMMENDATIONS.—Appropriate of24 ficials of a State or political subdivision of a State may make recommenda25 tions to the Administrator or the head of the federal agency authorized to con26 struct or alter a building concerning measures necessary to meet the require27 ments of subsections (b) and (c). The officials also may make recommenda28 tions to the Administrator or the head of the federal agency concerning meas29 ures which should be taken in the construction or alteration of the building

30 to take into account local conditions. The Administrator or the head of the

31 agency shall give due consideration to the recommendations.

32 (f) EFFECT OF NONCOMPLIANCE.—An action may not be brought against

33 the Federal Government and a fine or penalty may not be imposed against

34 the Government for failure to meet the requirements of subsection (b), (c), or

35 (d) or for failure to carry out any recommendation under subsection (e).

36 (g) LIMITATION ON LIABILITY.—The Government and its contractors shall

37 not be required to pay any amount for any action a State or a political sub38 division of a State takes to carry out this section, including reviewing plans,

39 carrying out on-site inspections, issuing building permits, and making rec40 ommendations.
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1 § 3313. Delegation

2 (a) WHEN ALLOWED.—Except for the authority contained in section

3 3305(b) of this title, the carrying out of the duties and powers of the Adminis4 trator of General Services under this chapter, in accordance with standards

5 the Administrator prescribes—

6 (1) shall be delegated on request to the appropriate executive agency

7 when the estimated cost of the project does not exceed $100,000; and

8 (2) may be delegated to the appropriate executive agency when the Ad9 ministrator determines that delegation will promote efficiency and econ10 omy.

11 (b) NO EXEMPTION FROM OTHER PROVISIONS OF CHAPTER.—Delegation

12 under subsection (a) does not exempt the person to whom the delegation is

13 made, or the carrying out of the delegated duty or power, from any other pro14 vision of this chapter.

15 § 3314. Report to Congress

16 (a) REQUEST BY EITHER HOUSE OF CONGRESS OR ANY COMMITTEE.—

17 Within a reasonable time after a request of either House of Congress or any

18 committee of Congress, the Administrator of General Services shall submit a

19 report showing the location, space, cost, and status of each public building

20 the construction, alteration, or acquisition of which—

21 (1) is to be under authority of this chapter; and

22 (2) was uncompleted as of the date of the request, or as of another date

23 the request may designate.

24 (b) REQUEST OF COMMITTEE ON PUBLIC WORKS AND ENVIRONMENT OR

25 COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE.—The Adminis26 trator and the United States Postal Service shall make building project sur27 veys requested by resolution by the Committee on Environment and Public

28 Works of the Senate or the Committee on Transportation and Infrastructure

29 of the House of Representatives, and within a reasonable time shall make a

30 report on the survey to Congress. The report shall contain all other informa31 tion required to be included in a prospectus of the proposed public building

32 project under section 3307(b) of this title.

33 § 3315. Certain authority not affected

34 This chapter does not limit or repeal the authority conferred by law on the

35 United States Postal Service.

36 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.
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1 § 3501. Definitions

2 In this chapter, the following definitions apply:

3 (1) PUBLIC AGENCY.—The term ‘‘public agency’’ means a State or a

4 public agency or political subdivision of a State.

5 (2) PUBLIC WORKS.—The term ‘‘public works’’ includes any public

6 works other than housing.

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

8 District of Columbia, Puerto Rico, Guam, the Virgin Islands, the North9 ern Mariana Islands, the Federated States of Micronesia, the Marshall

10 Islands, Palau, and any territory or possession of the United States.

11 § 3502. Planned public works

12 (a) ADVANCES TO ENSURE PLANNING.—Notwithstanding section 3324(a)

13 and (b) of title 31, the Secretary of Housing and Urban Development may

14 make advances to public agencies and Indian tribes—

15 (1) to encourage public agencies and Indian tribes to maintain at all

16 times a current and adequate reserve of planned public works the con17 struction of which can rapidly be commenced, particularly when the na18 tional or local economic situation makes that action desirable; and

19 (2) to help attain maximum economy and efficiency in the planning

20 and construction of public works.

21 (b) USES OF ADVANCES.—A public agency or Indian tribe shall use an ad22 vance under subsection (a) to aid in financing the cost of feasibility studies,

23 engineering and architectural surveys, designs, plans, working drawings, spec24 ifications, or other action preliminary to and in preparation for the construc25 tion of public works, and for construction in connection with the development

26 of a medical center, a general plan for the development of the center.

27 (c) NO FUTURE COMMITMENT.—An advance under subsection (a) does not

28 commit the Congress to appropriate amounts to assist in financing the con29 struction of any public works planned with the aid of that advance. Out30 standing advances to public agencies and Indian tribes in a State shall not

31 exceed 12.5 percent of the aggregate then authorized to be appropriated to the

32 revolving fund established under section 3503 of this title.

33 (d) REQUIREMENTS FOR ADVANCES.—An advance shall not be made under

34 subsection (a) for an individual project (including a regional, metropolitan,

35 or other areawide project) unless—

36 (1) the project is planned to be constructed within or over a reasonable

37 period of time considering the nature of the project;

38 (2) the project conforms to an overall state, local, or regional plan ap39 proved by a competent state, local, or regional authority; and
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1 (3) the public agency or Indian tribe formally contracts with the Fed2 eral Government to complete the plan preparation promptly and to

3 repay part or all of the advance when due.

4 (e) REGULATIONS.—The Secretary may prescribe regulations to carry out

5 this chapter.

6 § 3503. Revolving fund

7 (a) ESTABLISHMENT.—There is a revolving fund established by the Sec8 retary of Housing and Urban Development to provide amounts for advances

9 under this chapter. The fund comprises amounts appropriated under this

10 chapter and all repayments and other receipts received in connection with ad11 vances made under this chapter.

12 (b) AUTHORIZATIONS.—Not more than $70,000,000 may be appropriated

13 to the revolving fund as necessary to carry out the purposes of this chapter.

14 § 3504. Surveys of public works planning

15 The Secretary of Housing and Urban Development may use during a fiscal

16 year not more than $100,000 of the amount in the revolving fund established

17 under section 3503 of this title to conduct surveys of the status and current

18 volume of state and local public works planning and surveys of estimated re19 quirements for state and local public works. In conducting a survey, the Sec20 retary, may use or act through any department or agency of the Federal Gov21 ernment, with the consent of the department or agency.

22 § 3505. Forgiveness of outstanding advances

23 In accordance with accounting and other procedures the Secretary of Hous24 ing and Urban Development prescribes, each advance made by the Secretary

25 under this chapter that had any principal amount outstanding on February

26 5, 1988, was forgiven. The terms and conditions of any contract, or any

27 amendment to a contract, for that advance with respect to any promise to

28 repay the advance were canceled.

29 CHAPTER 37—CONTRACT WORK HOURS AND SAFETY

30 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.

31 § 3701. Definition and application

32 (a) DEFINITION.—In this chapter, the term ‘‘Federal Government’’ has the

33 same meaning that the term ‘‘United States’’ had in the Contract Work Hours

34 and Safety Standards Act (Public Law 87–581, 76 Stat. 357).
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1 (b) APPLICATION.—

2 (1) CONTRACTS.—This chapter applies to—

3 (A) any contract that may require or involve the employment of

4 laborers or mechanics on a public work of the Federal Government,

5 a territory of the United States, or the District of Columbia; and

6 (B) any other contract that may require or involve the employ7 ment of laborers or mechanics if the contract is one—

8 (i) to which the Government, an agency or instrumentality

9 of the Government, a territory, or the District of Columbia is

10 a party;

11 (ii) which is made for or on behalf of the Government, an

12 agency or instrumentality, a territory, or the District of Co13 lumbia; or

14 (iii) which is a contract for work financed at least in part

15 by loans or grants from, or loans insured or guaranteed by, the

16 Government or an agency or instrumentality under any federal

17 law providing wage standards for the work.

18 (2) LABORERS AND MECHANICS.—This chapter applies to all laborers

19 and mechanics employed by a contractor or subcontractor in the per20 formance of any part of the work under the contract—

21 (A) including watchmen, guards, and workers performing services

22 in connection with dredging or rock excavation in any river or har23 bor of the United States, a territory, or the District of Columbia;

24 but

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

26 (3) EXCEPTIONS.—

27 (A) THIS CHAPTER.—This chapter does not apply to—

28 (i) a contract for—

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

30 (II) the transmission of intelligence; or

31 (III) the purchase of supplies or materials or articles

32 ordinarily available in the open market;

33 (ii) any work required to be done in accordance with the

34 provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.); and

35 (iii) a contract in an amount that is not greater than

36 $100,000.

37 (B) SECTION 3902.—Section 3902 of this title does not apply to

38 work where the assistance described in subsection (a)(2)(C) from the

39 Government or an agency or instrumentality is only a loan guar40 antee or insurance.
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1 § 3702. Work hours

2 (a) STANDARD WORKWEEK.—The wages of every laborer and mechanic em3 ployed by any contractor or subcontractor in the performance of work on a

4 contract described in section 3701 of this title shall be computed on the basis

5 of a standard workweek of 40 hours. Work in excess of the standard workweek

6 is permitted subject to this section. For each workweek in which the laborer

7 or mechanic is so employed, wages include compensation, at a rate not less

8 than one and one-half times the basic rate of pay, for all hours worked in

9 excess of 40 hours in the workweek.

10 (b) CONTRACT REQUIREMENTS.—A contract described in section 3701 of

11 this title, and any obligation of the Federal Government, a territory of the

12 United States, or the District of Columbia in connection with that contract,

13 must provide that—

14 (1) a contractor or subcontractor contracting for any part of the con15 tract work which may require or involve the employment of laborers or

16 mechanics shall not require or permit any laborer or mechanic, in any

17 workweek in which the laborer or mechanic is employed on that work,

18 to work more than 40 hours in that workweek, except as provided in this

19 chapter; and

20 (2) when a violation of clause (1) occurs, the contractor and any sub21 contractor responsible for the violation are liable—

22 (A) to the affected employee for the employee’s unpaid wages; and

23 (B) to the Government, the District of Columbia, or a territory

24 for liquidated damages as provided in the contract.

25 (c) LIQUIDATED DAMAGES.—Liquidated damages under subsection

26 (b)(2)(B) shall be computed for each individual employed as a laborer or me27 chanic in violation of this chapter and shall be equal to $10 for each calendar

28 day on which the individual was required or permitted to work in excess of

29 the standard workweek without payment of the overtime wages required by

30 this chapter.

31 (d) AMOUNTS WITHHELD TO SATISFY LIABILITIES.—Subject to section

32 3703 of this title, the governmental agency for which the contract work is done

33 or which is providing financial assistance for the work may withhold, or have

34 withheld, from money payable because of work performed by a contractor or

35 subcontractor, amounts administratively determined to be necessary to satisfy

36 the liabilities of the contractor or subcontractor for unpaid wages and liq37 uidated damages as provided in this section.

38 § 3703. Report of violations and withholding of amounts for

39 unpaid wages and liquidated damages

40 (a) REPORTS OF INSPECTORS.—An officer or individual designated as an

41 inspector of the work to be performed under a contract described in section
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1 3701 of this title, or to aid in the enforcement or fulfillment of the contract,

2 on observation or after investigation immediately shall report to the proper

3 officer of the Federal Government, a territory of the United States, or the Dis4 trict of Columbia all violations of this chapter occurring in the performance

5 of the work, together with the name of each laborer or mechanic who was re6 quired or permitted to work in violation of this chapter and the day the viola7 tion occurred.

8 (b) WITHHOLDING AMOUNTS.—

9 (1) DETERMINING AMOUNT.—The amount of unpaid wages and liq10 uidated damages owing under this chapter shall be determined adminis11 tratively.

12 (2) AMOUNT DIRECTED TO BE WITHHELD.—The officer or individual

13 whose duty it is to approve the payment of money by the Government,

14 territory, or District of Columbia in connection with the performance of

15 the contract work shall direct the amount of—

16 (A) liquidated damages to be withheld for the use and benefit of

17 the Government, territory, or District; and

18 (B) unpaid wages to be withheld for the use and benefit of the

19 laborers and mechanics who were not compensated as required

20 under this chapter.

21 (3) PAYMENT.—The Comptroller General shall pay the amount admin22 istratively determined to be due directly to the laborers and mechanics

23 from amounts withheld on account of underpayments of wages if the

24 amount withheld is adequate. If the amount withheld is not adequate,

25 the Comptroller General shall pay an equitable proportion of the amount

26 due.

27 (c) RIGHT OF ACTION AND INTERVENTION AGAINST CONTRACTORS AND

28 SURETIES.—If the accrued payments withheld under the terms of the contract

29 are insufficient to reimburse all the laborers and mechanics who have not been

30 paid the wages required under this chapter, the laborers and mechanics, in

31 the case of a department or agency of the Government, have the same right

32 of action and intervention against the contractor and the contractor’s sureties

33 as is conferred by law on persons furnishing labor or materials. In those pro34 ceedings it is not a defense that the laborers and mechanics accepted or agreed

35 to accept less than the required rate of wages or voluntarily made refunds.

36 (d) REVIEW PROCESS.—

37 (1) TIME LIMIT FOR APPEAL.—Within 60 days after an amount is

38 withheld as liquidated damages, any contractor or subcontractor ag39 grieved by the withholding may appeal to the head of the agency of the

40 Government or territory for which the contract work is done or which

41 is providing financial assistance for the work, or to the Mayor of the
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1 District of Columbia in the case of liquidated damages withheld for the

2 use and benefit of the District.

3 (2) REVIEW BY AGENCY HEAD OR MAYOR.—The agency head or Mayor

4 may review the administrative determination of liquidated damages. The

5 agency head or Mayor may issue a final order affirming the determina6 tion or may recommend to the Secretary of Labor that an appropriate

7 adjustment in liquidated damages be made, or that the contractor or sub8 contractor be relieved of liability for the liquidated damages, if it is

9 found that the amount is incorrect or that the contractor or subcon10 tractor violated this chapter inadvertently, notwithstanding the exercise

11 of due care by the contractor or subcontractor and the agents of the con12 tractor or subcontractor.

13 (3) REVIEW BY SECRETARY.—The Secretary shall review all pertinent

14 facts in the matter and may conduct any investigation the Secretary

15 considers necessary in order to affirm or reject the recommendation. The

16 decision of the Secretary is final.

17 (4) JUDICIAL ACTION.—A contractor or subcontractor aggrieved by a

18 final order for the withholding of liquidated damages may file a claim

19 in the United States Court of Federal Claims within 60 days after the

20 final order. A final order of the agency head, Mayor, or Secretary is con21 clusive with respect to findings of fact if supported by substantial evi22 dence.

23 (e) APPLICABILITY OF OTHER LAWS.—

24 (1) REORGANIZATION PLAN.—Reorganization Plan Numbered 14 of

25 1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter.

26 (2) SECTION 3145.—Section 3145 of this title applies to contractors

27 and subcontractors referred to in section 3145 who are engaged in the

28 performance of contracts subject to this chapter.

29 § 3704. Health and safety standards in building trades and

30 construction industry

31 (a) CONDITION OF CONTRACTS.—

32 (1) IN GENERAL.—Each contract in an amount greater than $100,000

33 that is entered into under legislation subject to Reorganization Plan

34 Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for con35 struction, alteration, and repair, including painting and decorating,

36 must provide that no contractor or subcontractor contracting for any

37 part of the contract work shall require any laborer or mechanic employed

38 in the performance of the contract to work in surroundings or under

39 working conditions that are unsanitary, hazardous, or dangerous to

40 health or safety, as established under construction safety and health

41 standards the Secretary of Labor prescribes by regulation based on pro-
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1 ceedings pursuant to section 553 of title 5, provided that the proceedings

2 include a hearing similar in nature to that authorized by section 553.

3 (2) CONSULTATION.—In formulating standards under this section, the

4 Secretary shall consult with the Advisory Committee created by sub5 section (d) of this section.

6 (b) COMPLIANCE.—

7 (1) ACTIONS TO GAIN COMPLIANCE.—The Secretary may make inspec8 tions, hold hearings, issue orders, and make decisions based on findings

9 of fact as the Secretary considers necessary to gain compliance with this

10 section and any health and safety standard the Secretary prescribes

11 under subsection (a). For those purposes the Secretary and the United

12 States district courts have the authority and jurisdiction provided by sec13 tions 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39).

14 (2) REMEDY WHEN NONCOMPLIANCE FOUND.—When the Secretary,

15 after an opportunity for an adjudicatory hearing by the Secretary, estab16 lishes noncompliance under this section of any condition of a contract

17 described in—

18 (A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental

19 agency for which the contract work is done may cancel the contract

20 and make other contracts for the completion of the contract work,

21 charging any additional cost to the original contractor; or

22 (B) section 3701(b)(1)(B)(iii) of this title, the governmental agen23 cy which is providing the financial guarantee, assistance, or insur24 ance for the contract work may withhold the guarantee, assistance,

25 or insurance attributable to the performance of the contract.

26 (3) NONAPPLICABILITY.—Section 3703 of this title does not apply to

27 the enforcement of this section.

28 (c) REPEATED VIOLATIONS.—

29 (1) TRANSMITTAL OF NAMES OF REPEAT VIOLATORS TO COMPTROLLER

30 GENERAL.—When the Secretary, after an opportunity for an agency

31 hearing, decides on the record that, by repeated willful or grossly neg32 ligent violations of this chapter, a contractor or subcontractor has dem33 onstrated that subsection (b) is not effective to protect the safety and

34 health of the employees of the contractor or subcontractor, the Secretary

35 shall make a finding to that effect and, not sooner than 30 days after

36 giving notice of the finding to all interested persons, shall transmit the

37 name of the contractor or subcontractor to the Comptroller General.

38 (2) BAN ON AWARDING CONTRACTS.—The Comptroller General shall

39 distribute each name transmitted under paragraph (1) to all agencies of

40 the Federal Government. Unless the Secretary otherwise recommends, the

41 contractor, subcontractor, or any person in which the contractor or sub-
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1 contractor has a substantial interest may not be awarded a contract sub2 ject to this section until three years have elapsed from the date the name

3 is transmitted to the Comptroller General. The Secretary shall terminate

4 the ban if, before the end of the three-year period, the Secretary, after

5 affording interested persons due notice and an opportunity for a hearing,

6 is satisfied that a contractor or subcontractor whose name was trans7 mitted to the Comptroller General will comply responsibly with the re8 quirements of this section. The Comptroller General shall inform all Gov9 ernment agencies after being informed of the Secretary’s action.

10 (3) JUDICIAL REVIEW.—A person aggrieved by the Secretary’s action

11 under this subsection or subsection (b) may file with the appropriate

12 United States court of appeals a petition for review of the Secretary’s

13 action within 60 days after receiving notice of the Secretary’s action.

14 The clerk of the court immediately shall send a copy of the petition to

15 the Secretary. The Secretary then shall file with the court the record on

16 which the action is based. The findings of fact by the Secretary, if sup17 ported by substantial evidence, are final. The court may enter a decree

18 enforcing, modifying, modifying and enforcing, or setting aside any part

19 of, the order of the Secretary or the appropriate Government agency. The

20 judgment of the court may be reviewed by the Supreme Court as pro21 vided in section 1254 of title 28.

22 (d) ADVISORY COMMITTEE ON CONSTRUCTION SAFETY AND HEALTH.—

23 (1) ESTABLISHMENT.—There is an Advisory Committee on Construc24 tion Safety and Health in the Department of Labor.

25 (2) COMPOSITION.—The Committee is composed of nine members ap26 pointed by the Secretary, without regard to chapter 33 of title 5, as fol27 lows:

28 (A) Three members shall be individuals representative of contrac29 tors to whom this section applies.

30 (B) Three members shall be individuals representative of employ31 ees primarily in the building trades and construction industry en32 gaged in carrying out contracts to which this section applies.

33 (C) Three members shall be public representatives who shall be se34 lected on the basis of their professional and technical competence

35 and experience in the construction health and safety field.

36 (3) CHAIRMAN.—The Secretary shall appoint one member as Chair37 man.

38 (4) DUTIES.—The Committee shall advise the Secretary—

39 (A) in formulating construction safety and health standards and

40 other regulations; and

41 (B) on policy matters arising in carrying out this section.
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1 (5) EXPERTS AND CONSULTANTS.—The Secretary may appoint special

2 advisory and technical experts or consultants as may be necessary to

3 carry out the functions of the Committee.

4 (6) COMPENSATION AND EXPENSES.—Committee members are entitled

5 to receive compensation at rates the Secretary fixes, but not more than

6 $100 a day, including traveltime, when performing Committee business,

7 and expenses under section 5703 of title 5.

8 § 3705. Safety programs

9 The Secretary of Labor shall—

10 (1) provide for the establishment and supervision of programs for the

11 education and training of employers and employees in the recognition,

12 avoidance, and prevention of unsafe working conditions in employment

13 covered by this chapter; and

14 (2) collect reports and data and consult with and advise employers as

15 to the best means of preventing injuries.

16 § 3706. Limitations, variations, tolerances, and exemptions

17 The Secretary of Labor may provide reasonable limitations to, and may

18 prescribe regulations allowing reasonable variations to, tolerances from, and

19 exemptions from, this chapter that the Secretary may find necessary and

20 proper in the public interest to prevent injustice or undue hardship or to

21 avoid serious impairment of the conduct of Federal Government business.

22 § 3707. Contractor certification or contract clause in acquisi23 tion of commercial items not required

24 In a contract to acquire a commercial item (as defined in section 4 of the

25 Office of Federal Procurement Policy Act (41 U.S.C. 403)), a certification by

26 a contractor or a contract clause may not be required to implement a prohibi27 tion or requirement in this chapter.

28 § 3708. Criminal penalties

29 A contractor or subcontractor having a duty to employ, direct, or control

30 a laborer or mechanic employed in the performance of work contemplated by

31 a contract to which this chapter applies that intentionally violates this chap32 ter shall be fined under title 18, imprisoned for not more than six months,

33 or both.

34 PART B—UNITED STATES CAPITOL

35 CHAPTER 51—UNITED STATES CAPITOL BUILDINGS AND

36 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.
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5108. Audit of private organizations.

5109. Penalties.

1 § 5101. Definition

2 In this chapter, the term ‘‘Capitol Buildings’’ means the United States

3 Capitol, the Senate and House Office Buildings and garages, the Capitol

4 Power Plant, all subways and enclosed passages connecting two or more of

5 those structures, and the real property underlying and enclosed by any of

6 those structures.

7 § 5102. Legal description and jurisdiction of United States

8 Capitol Grounds

9 (a) LEGAL DESCRIPTION.—The United States Capitol Grounds comprises

10 all squares, reservations, streets, roadways, walks, and other areas as defined

11 on a map entitled ‘‘Map showing areas comprising United States Capitol

12 Grounds’’, dated June 25, 1946, approved by the Architect of the Capitol, and

13 recorded in the Office of the Surveyor of the District of Columbia in book 127,

14 page 8, including all additions added by law after June 25, 1946.

15 (b) JURISDICTION.—

16 (1) ARCHITECT OF THE CAPITOL.—The jurisdiction and control over

17 the Grounds, vested prior to July 31, 1946, by law in the Architect, is

18 extended to the entire area of the Grounds. Except as provided in para19 graph (2), the Architect is responsible for the maintenance and improve20 ment of the Grounds, including those streets and roadways in the

21 Grounds as shown on the map referred to in subsection (a) as being

22 under the jurisdiction and control of the Commissioners of the District

23 of Columbia.

24 (2) MAYOR OF THE DISTRICT OF COLUMBIA.—

25 (A) IN GENERAL.—The Mayor of the District of Columbia is re26 sponsible for the maintenance and improvement of those portions of

27 the following streets which are situated between the curblines of

28 those streets: Constitution Avenue from Second Street Northeast to

29 Third Street Northwest, First Street from D Street Northeast to D

30 Street Southeast, D Street from First Street Southeast to Wash31 ington Avenue Southwest, and First Street from the north side of

32 Louisiana Avenue to the intersection of C Street and Washington

33 Avenue Southwest, Pennsylvania Avenue Northwest from First

34 Street Northwest to Third Street Northwest, Maryland Avenue

35 Southwest from First Street Southwest to Third Street Southwest,

36 Second Street Northeast from F Street Northeast to C Street South37 east; C Street Southeast from Second Street Southeast to First

38 Street Southeast; that portion of Maryland Avenue Northeast from

39 Second Street Northeast to First Street Northeast; that portion of

40 New Jersey Avenue Northwest from D Street Northwest to Lou-
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1 isiana Avenue; that portion of Second Street Southwest from the

2 north curb of D Street to the south curb of Virginia Avenue South3 west; that portion of Virginia Avenue Southwest from the east curb

4 of Second Street Southwest to the west curb of Third Street South5 west; that portion of Third Street Southwest from the south curb of

6 Virginia Avenue Southwest to the north curb of D Street Southwest;

7 that portion of D Street Southwest from the west curb of Third

8 Street Southwest to the east curb of Second Street Southwest; that

9 portion of Washington Avenue Southwest, including sidewalks and

10 traffic islands, from the south curb of Independence Avenue South11 west to the west curb of South Capitol Street.

12 (B) REPAIR AND MAINTENANCE OF UTILITY SERVICES.—The

13 Mayor may enter any part of the Grounds to repair or maintain

14 or, subject to the approval of the Architect, construct or alter, any

15 utility service of the District of Columbia Government.

16 § 5103. Restrictions on public use of United States Capitol

17 Grounds

18 Public travel in, and occupancy of, the United States Capitol Grounds is

19 restricted to the roads, walks, and places prepared for that purpose.

20 § 5104. Unlawful activities

21 (a) DEFINITIONS.—In this section—

22 (1) ACT OF PHYSICAL VIOLENCE.—The term ‘‘act of physical violence’’

23 means any act involving—

24 (A) an assault or other infliction or threat of infliction of death

25 or bodily harm on an individual; or

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

27 (2) DANGEROUS WEAPON.—The term ‘‘dangerous weapon’’ includes—

28 (A) all articles enumerated in section 14(a) of the Act of July 8,

29 1932 (ch. 465, 47 Stat. 654); and

30 (B) a device designed to expel or hurl a projectile capable of caus31 ing injury to individuals or property, a dagger, a dirk, a stiletto,

32 and a knife having a blade over three inches in length.

33 (3) EXPLOSIVES.—The term ‘‘explosives’’ has the meaning given that

34 term in section 841(d) of title 18.

35 (4) FIREARM.—The term ‘‘firearm’’ has the meaning given that term

36 in section 921(3) of title 18.

37 (b) OBSTRUCTION OF ROADS.—A person may not occupy the roads in the

38 United States Capitol Grounds in a manner that obstructs or hinders their

39 proper use, or use the roads in the area of the Grounds, south of Constitution

40 Avenue and B Street and north of Independence Avenue and B Street, to con-
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1 vey goods or merchandise, except to or from the United States Capitol on Fed2 eral Government service.

3 (c) SALE OF ARTICLES, DISPLAY OF SIGNS, AND SOLICITATIONS.—A person

4 may not carry out any of the following activities in the Grounds:

5 (1) offer or expose any article for sale.

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

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

8 (d) INJURIES TO PROPERTY.—A person may not step or climb on, remove,

9 or in any way injure any statue, seat, wall, fountain, or other erection or

10 architectural feature, or any tree, shrub, plant, or turf, in the Grounds.

11 (e) CAPITOL GROUNDS AND BUILDINGS SECURITY.—

12 (1) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY

13 DEVICES.—An individual or group of individuals—

14 (A) except as authorized by regulations prescribed by the Capitol

15 Police Board—

16 (i) may not carry on or have readily accessible to any indi17 vidual on the Grounds or in any of the Capitol Buildings a

18 firearm, a dangerous weapon, explosives, or an incendiary de19 vice;

20 (ii) may not discharge a firearm or explosives, use a dan21 gerous weapon, or ignite an incendiary device, on the Grounds

22 or in any of the Capitol Buildings; or

23 (iii) may not transport on the Grounds or in any of the

24 Capitol Buildings explosives or an incendiary device; or

25 (B) may not knowingly, with force and violence, enter or remain

26 on the floor of either House of Congress.

27 (2) VIOLENT ENTRY AND DISORDERLY CONDUCT.—An individual or

28 group of individuals may not willfully and knowingly—

29 (A) enter or remain on the floor of either House of Congress or

30 in any cloakroom or lobby adjacent to that floor, in the Rayburn

31 Room of the House of Representatives, or in the Marble Room of

32 the Senate, unless authorized to do so pursuant to rules adopted, or

33 an authorization given, by that House;

34 (B) enter or remain in the gallery of either House of Congress

35 in violation of rules governing admission to the gallery adopted by

36 that House or pursuant to an authorization given by that House;

37 (C) with the intent to disrupt the orderly conduct of official busi38 ness, enter or remain in a room in any of the Capitol Buildings

39 set aside or designated for the use of either House of Congress or

40 a Member, committee, officer, or employee of Congress or either

41 House of Congress;
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1 (D) utter loud, threatening, or abusive language, or engage in dis2 orderly or disruptive conduct, at any place in the Grounds or in

3 any of the Capitol Buildings with the intent to impede, disrupt, or

4 disturb the orderly conduct of a session of Congress or either House

5 of Congress, or the orderly conduct in that building of a hearing

6 before, or any deliberations of, a committee of Congress or either

7 House of Congress;

8 (E) obstruct, or impede passage through or within, the Grounds

9 or any of the Capitol Buildings;

10 (F) engage in an act of physical violence in the Grounds or any

11 of the Capitol Buildings; or

12 (G) parade, demonstrate, or picket in any of the Capitol Build13 ings.

14 (3) EXEMPTION OF GOVERNMENT OFFICIALS.—This subsection does not

15 prohibit any act performed in the lawful discharge of official duties by—

16 (A) a Member of Congress;

17 (B) an employee of a Member of Congress;

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

19 or

20 (D) an officer or employee of either House of Congress or a com21 mittee of that House.

22 (f) PARADES, ASSEMBLAGES, AND DISPLAY OF FLAGS.—Except as provided

23 in section 5106 of this title, a person may not—

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

25 Grounds; or

26 (2) display in the Grounds a flag, banner, or device designed or adapt27 ed to bring into public notice a party, organization, or movement.

28 § 5105. Assistance to authorities by Capitol employees

29 Each individual employed in the service of the Federal Government in the

30 United States Capitol or within the United States Capitol Grounds shall pre31 vent, as far as may be in the individual’s power, a violation of a provision

32 of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946

33 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest

34 and conviction of the individual violating the provision.

35 § 5106. Suspension of prohibitions

36 (a) AUTHORITY TO SUSPEND.—To allow the observance in the United

37 States Capitol Grounds of occasions of national interest becoming the cog38 nizance and entertainment of Congress, the President of the Senate and the

39 Speaker of the House of Representatives concurrently may suspend any of the

40 prohibitions contained in sections 5103 and 5104 of this title that would pre41 vent the use of the roads and walks within the Grounds by processions or as-
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1 semblages, and the use in the Grounds of suitable decorations, music, address2 es, and ceremonies, if responsible officers have been appointed and the Presi3 dent and the Speaker determine that adequate arrangements have been made

4 to maintain suitable order and decorum in the proceedings and to guard the

5 United States Capitol and its grounds from injury.

6 (b) POWER TO SUSPEND PROHIBITIONS IN ABSENCE OF PRESIDENT OR

7 SPEAKER.—If either the President or Speaker is absent from the District of

8 Columbia, the authority to suspend devolves on the other officer. If both offi9 cers are absent, the authority devolves on the Capitol Police Board.

10 (c) AUTHORITY OF MAYOR TO PERMIT USE OF LOUISIANA AVENUE.—Not11 withstanding subsection (a) and section 5104(f) of this title, the Capitol Police

12 Board may grant the Mayor of the District of Columbia authority to permit

13 the use of Louisiana Avenue for any of the purposes prohibited by section

14 5104(f).

15 § 5107. Concerts on grounds

16 Sections 5102, 5103, 5104(b)–(f), 5105, 5105, and 5109 of this title and

17 sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat.

18 719, 720), do not prohibit a band in the service of the Federal Government

19 from giving concerts in the United States Capitol Grounds at times which

20 will not interfere with Congress and as authorized by the Architect of the

21 Capitol.

22 § 5108. Audit of private organizations

23 A private organization (except a political party or committee constituted

24 for the election of federal officials), whether or not organized for profit and

25 whether or not any of its income inures to the benefit of any person, that

26 performs services or conducts activities in the United States Capitol Buildings

27 or Grounds is subject to a special audit of its accounts for each year in which

28 it performs those services or conducts those activities. The Comptroller General

29 shall conduct the audit and report the results of the audit to the Senate and

30 the House of Representatives.

31 § 5109. Penalties

32 (a) FIREARMS, DANGEROUS WEAPONS, EXPLOSIVES, OR INCENDIARY DE33 VICE OFFENSES.—An individual or group violating section 5104(e)(1) of this

34 title, or attempting to commit a violation, shall be fined under title 18, im35 prisoned for not more than five years, or both.

36 (b) OTHER OFFENSES.—A person violating section 5103 or 5104(b), (c),

37 (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall be

38 fined under title 18, imprisoned for not more than six months, or both.

39 (c) PROCEDURE.—

40 (1) IN GENERAL.—An action for a violation of this chapter or section

41 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719,
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1 720), including an attempt or a conspiracy to commit a violation, shall

2 be brought by the Attorney General in the name of the United States.

3 This chapter and sections 9, 9A, 9B, 9C and 14 do not supersede any

4 provision of federal law or the laws of the District of Columbia. Where

5 the conduct violating this chapter or section 9, 9A, 9B, 9C or 14 also

6 violates federal law or the laws of the District of Columbia, both viola7 tions may be joined in a single action.

8 (2) VENUE.—An action under this section for a violation of—

9 (A) section 5104(e)(1) of this title or for conduct that constitutes

10 a felony under federal law or the laws of the District of Columbia

11 shall be brought in the United States District Court for the District

12 of Columbia; and

13 (B) any other section referred to in subsection (a) may be brought

14 in the Superior Court of the District of Columbia.

15 (3) AMOUNT OF PENALTY.— The penalty which may be imposed on

16 a person convicted in an action under this subsection is the highest pen17 alty authorized by any of the laws the defendant is convicted of violating.

18 PART C—FEDERAL BUILDING COMPLEXES

19 CHAPTER 61—UNITED STATES SUPREME COURT

20 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.

21 SUBCHAPTER I—GENERAL

22 § 6101. Definitions and application

23 (a) DEFINITIONS.—In this chapter, the following definitions apply:

24 (1) OFFICIAL GUEST OF THE SUPREME COURT.—The term ‘‘official

25 guest of the Supreme Court’’ means an individual who is a guest of the
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1 Supreme Court, as determined by the Chief Justice of the United States

2 or any Associate Justice of the Supreme Court;

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

4 District of Columbia, Puerto Rico, the Virgin Islands, Guam, the North5 ern Mariana Islands, the Federated States of Micronesia, the Marshall

6 Islands, Palau, and any territory or possession of the United States; and

7 (b) APPLICATION.—For purposes of section 6102 of this title and sub8 chapters III and IV, the Supreme Court grounds—

9 (1) extend to the line of the face of—

10 (A) the east curb of First Street Northeast, between Maryland Av11 enue Northeast and East Capitol Street;

12 (B) the south curb of Maryland Avenue Northeast, between First

13 Street Northeast and Second Street Northeast;

14 (C) the west curb of Second Street Northeast, between Maryland

15 Avenue Northeast and East Capitol Street; and

16 (D) the north curb of East Capitol Street between First Street

17 Northeast and Second Street Northeast; and

18 (2) comprise any property under the custody and control of the Su19 preme Court as part of the Supreme Court grounds, including property

20 acquired as provided by law on behalf of the Federal Government in lots

21 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as

22 an addition to the grounds of the Supreme Court Building.

23 § 6102. Regulations

24 (a) AUTHORITY OF THE MARSHAL.—In addition to the restrictions and re25 quirements specified in subchapter IV, the Marshal of the Supreme Court may

26 prescribe regulations, approved by the Chief Justice of the United States, that

27 are necessary for—

28 (1) the adequate protection of the Supreme Court Building and

29 grounds and of individuals and property in the Building and grounds;

30 and

31 (2) the maintenance of suitable order and decorum within the Build32 ing and grounds.

33 (b) POSTING REQUIREMENT.—All regulations prescribed under this section

34 shall be posted in a public place at the Building and shall be made reasonably

35 available to the public in writing.

36 SUBCHAPTER II—BUILDINGS AND GROUNDS

37 § 6111. Supreme Court Building

38 (a) IN GENERAL.—

39 (1) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Cap40 itol shall have charge of the structural and mechanical care of the Su41 preme Court Building, including—
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1 (A) the care and maintenance of the grounds; and

2 (B) the supplying of all mechanical furnishings and mechanical

3 equipment for the Building.

4 (2) OPERATION AND MAINTENANCE.—The Architect shall direct the op5 eration and maintenance of the mechanical equipment and repair of the

6 building.

7 (3) CONTRACT AUTHORITY.—The Architect may enter into all nec8 essary contracts to carry out this subsection.

9 (b) AVAILABILITY OF APPROPRIATIONS..—Amounts appropriated under—

10 (1) subsection (a) and sections 6112 and 6113 of this title are avail11 able for—

12 (A) expenses of heating and air-conditioning refrigeration sup13 plied by the Capitol Power Plant, advancements for which shall be

14 made and deposited in the Treasury to the credit of appropriations

15 provided for the Capitol Power Plant; and

16 (B) the purchase of electrical energy; and

17 (2) the heading ‘‘SUPREME COURT OF THE UNITED STATES’’ and

18 ‘‘CARE OF THE BUILDING AND GROUNDS’’ are available for—

19 (A) improvements, maintenance, repairs, equipment, supplies,

20 materials, and appurtenances;

21 (B) special clothing for workers;

22 (C) personal and other services (including temporary labor with23 out regard to chapter 51, subchapter III of chapter 53, and sub24 chapter III of chapter 83, of title 5); and

25 (D) without compliance with section 3709 of the Revised Statutes

26 (41 U.S.C. 5)—

27 (i) for snow removal (by hire of personnel and equipment or

28 under contract); and

29 (ii) for the replacement of electrical transformers containing

30 polychlorinated biphenyls.

31 § 6112. Supreme Court Building and grounds employees

32 Employees required to carry out section 6111(a) of this title shall be—

33 (1) appointed by the Architect of the Capitol with the approval of the

34 Chief Justice of the United States;

35 (2) compensated in accordance with chapter 51 and subchapter III of

36 chapter 53 of title 5; and

37 (3) subject to subchapter III of chapter 83 of title 5.

38 § 6113. Duties of the Superintendent of the Supreme Court

39 Building

40 Except as provided in section 6111(a) of this title, all duties and work re41 quired 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 Wendell

5 Holmes Garden in accordance with the provisions of law on the maintenance

6 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 States,

12 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 Court,

17 and any official guest of the Supreme Court; and

18 (B) any officer or employee of the Supreme Court while that offi19 cer 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 sub33 section (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 addi38 tional compensation.
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1 § 6123. Authority of Metropolitan Police of the District of Co2 lumbia

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 the

8 Supreme Court Building or grounds, unless the Metropolitan Police have been

9 requested to do so by, or have received the consent of, the Marshal of the Su10 preme 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 restricted

14 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 Build19 ing 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 grounds

25 It is unlawful to step or climb on, remove, or in any way injure any stat26 ue, seat, wall, fountain, or other erection or architectural feature, or any tree,

27 shrub, plant, or turf, in the Supreme Court Building or grounds.

28 § 6134. Firearms, fireworks, speeches, and objectionable lan29 guage in the Supreme Court Building and grounds

30 It is unlawful to discharge a firearm, firework or explosive, set fire to a

31 combustible, make a harangue or oration, or utter loud, threatening, or abu32 sive language in the Supreme Court Building or grounds.

33 § 6135. Parades, assemblages, and display of flags in the Su34 preme Court Building and grounds

35 It is unlawful to parade, stand, or move in processions or assemblages in

36 the Supreme Court Building or grounds, or to display in the Building and

37 grounds a flag, banner, or device designed or adapted to bring into public

38 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 regula16 tion prescribed under section 6102 of this title, shall be fined under title 18,

17 imprisoned not more than 60 days, or both.

18 (b) VENUE AND PROCEDURE.—Prosecution for a violation described in sub19 section (a) shall be in the Superior Court of the District of Columbia, on in20 formation by the United States Attorney or an Assistant United States Attor21 ney.

22 (c) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—If during the

23 commission of a violation described in subsection (a), public property is dam24 aged in an amount exceeding $100, the period of imprisonment for the offense

25 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 its

32 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 Museum,

36 the National Museum of Natural History, the National Museum of
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1 American History, the National Museum of the American Indian,

2 the Hirshhorn Museum and Sculpture Garden, the Arthur M.

3 Sackler Gallery, the National Museum of African Art, the S. Dillon

4 Ripley Center, and all other buildings of the Smithsonian Institu5 tion within the Mall, including the entrance walks, unloading areas,

6 and other pertinent service roads and parking areas.

7 (B) NATIONAL ZOOLOGICAL PARK.—The National Zoological Park

8 comprising all the buildings, streets, service roads, walks, and other

9 areas within the boundary fence of the National Zoological Park in

10 the District of Columbia and including the public space between

11 that fence and the face of the curb lines of the adjacent city streets.

12 (C) OTHER SMITHSONIAN BUILDINGS AND GROUNDS.—All other

13 buildings, service roads, walks, and other areas within the exterior

14 boundaries of any real estate or land or interest in land (including

15 temporary use) that the Smithsonian Institution acquires and that

16 the Secretary of the Smithsonian Institution determines to be nec17 essary for the adequate protection of individuals or property in the

18 Smithsonian Institution and suitable for administration as a part

19 of the Smithsonian Institution.

20 (2) NATIONAL GALLERY OF ART.—The National Gallery of Art and its

21 grounds, which extend—

22 (A) to the line of the face of the south curb of Constitution Avenue

23 Northwest, between Seventh Street Northwest, and Fourth Street

24 Northwest, to the line of the face of the west curb of Fourth Street

25 Northwest, between Constitution Avenue Northwest, and Madison

26 Drive Northwest; to the line of the face of the north curb of Madison

27 Drive Northwest, between Fourth Street Northwest, and Seventh

28 Street Northwest; and to the line of the face of the east curb of Sev29 enth Street Northwest, between Madison Drive Northwest, and Con30 stitution Avenue Northwest;

31 (B) to the line of the face of the south curb of Pennsylvania Ave32 nue Northwest, between Fourth Street and Third Street Northwest,

33 to the line of the face of the west curb of Third Street Northwest,

34 between Pennsylvania Avenue and Madison Drive Northwest, to the

35 line of the face of the north curb of Madison Drive Northwest, be36 tween Third Street and Fourth Street Northwest, and to the line of

37 the face of the east curb of Fourth Street Northwest, between Penn38 sylvania Avenue and Madison Drive Northwest; and

39 (C) to the line of the face of the south curb of Constitution Avenue

40 Northwest, between Ninth Street Northwest and Seventh Street

41 Northwest; to the line of the face of the west curb of Seventh Street
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1 Northwest, between Constitution Avenue Northwest and Madison

2 Drive Northwest; to the line of the face of the north curb of Madison

3 Drive Northwest, between Seventh Street Northwest and the line of

4 the face of the east side of the east retaining wall of the Ninth Street

5 Expressway Northwest; and to the line of the face of the east side

6 of the east retaining wall of the Ninth Street Expressway Northwest,

7 between Madison Drive Northwest and Constitution Avenue North8 west.

9 (3) JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS.—The

10 John F. Kennedy Center for the Performing Arts, which extends to the

11 line of the west face of the west retaining walls and curbs of the Inner

12 Loop Freeway on the east, the north face of the north retaining walls

13 and curbs of the Theodore Roosevelt Bridge approaches on the south, the

14 east face of the east retaining walls and curbs of Rock Creek Parkway

15 on the west, and the south curbs of New Hampshire Avenue and F Street

16 on the north, as generally depicted on the map entitled ‘‘Transfer of John

17 F. Kennedy Center for the Performing Arts’’, numbered 844/82563 and

18 dated April 20, 1994 (as amended by the map entitled ‘‘Transfer of John

19 F. Kennedy Center for the Performing Arts’’, numbered 844/82563A and

20 dated May 22, 1997), which shall be on file and available for public in21 spection in the office of the National Capital Region, National Park

22 Service.

23 § 6302. Public use of grounds

24 Public travel in, and occupancy of, the grounds specified under section

25 6301 of this title are restricted to the sidewalks and other paved surfaces, ex26 cept in the National Zoological Park.

27 § 6303. Unlawful activities

28 (a) DISPLAYS AND SOLICITATIONS.—It is unlawful for anyone other than

29 an authorized employee or concessionaire to carry out any of the following

30 activities within the specified buildings and grounds:

31 (1) Offer or expose any article for sale.

32 (2) Display any sign, placard, or other form of advertisement.

33 (3) Solicit alms, subscriptions, or contributions.

34 (b) TOUCHING OF, OR INJURIES TO, PROPERTY.—It is unlawful for

35 anyone—

36 (1) other than an authorized employee, to touch or handle objects of

37 art or scientific or historical objects on exhibition within the specified

38 buildings or grounds; or

39 (2) to step or climb on, remove, or in any way injure any object of

40 art, exhibit (including an exhibit animal), equipment, seat, wall, foun-
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1 tain, or other erection or architectural feature, or any tree, shrub, plant,

2 or turf, within the specified buildings or grounds.

3 § 6304. Additional regulations

4 (a) AUTHORITY TO PRESCRIBE ADDITIONAL REGULATIONS.—In addition

5 to the restrictions and requirements specified in sections 6302 and 6303 of

6 this title, the Secretary of the Smithsonian Institution, the Trustees of the Na7 tional Gallery of Art, and the Trustees of the John F. Kennedy Center for

8 the Performing Arts may prescribe for their respective agencies regulations

9 necessary for—

10 (1) the adequate protection of the specified buildings and grounds and

11 individuals and property in those buildings and grounds; and

12 (2) the maintenance of suitable order and decorum within the specified

13 buildings and grounds, including the control of traffic and parking of

14 vehicles in the National Zoological Park and all other areas in the Dis15 trict of Columbia under their control.

16 (b) PUBLICATION IN FEDERAL REGISTER.—A regulation prescribed under

17 this section shall be published in the Federal Register and is not effective until

18 the expiration of 10 days after the date of publication.

19 § 6305. Suspension of regulations

20 To allow authorized services, training programs, and ceremonies in the

21 specified buildings and grounds, the Secretary of the Smithsonian Institution,

22 the Trustees of the National Gallery of Art, and the Trustees of the John F.

23 Kennedy Center for the Performing Arts (or their designees) may suspend for

24 their respective agencies any of the prohibitions contained in sections 6302

25 and 6303 of this title as may be necessary for the occasion or circumstance

26 if—

27 (1) responsible officers have been appointed; and

28 (2) the Secretary of the Smithsonian Institution, the Trustees of the

29 National Gallery of Art, and the Trustees of the John F. Kennedy Center

30 for the Performing Arts (or their designees) determine that adequate ar31 rangements have been made—

32 (A) to maintain suitable order and decorum in the proceedings;

33 and

34 (B) to protect the specified buildings and grounds and persons

35 and property in those buildings and on those grounds.

36 § 6306. Policing of buildings and grounds

37 (a) DESIGNATION OF EMPLOYEES AS SPECIAL POLICE.—Subject to section

38 5375 of title 5, the Secretary of the Smithsonian Institution, the Trustees of

39 the National Gallery of Art, and the Trustees of the John F. Kennedy Center

40 for the Performing Arts (or their designees) may designate employees of their

41 respective agencies as special police, without additional compensation, for
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1 duty in connection with the policing of their respective specified buildings

2 and grounds.

3 (b) POWERS.—The employees designated as special police under subsection

4 (a)—

5 (1) may, within the specified buildings and grounds, enforce, and

6 make arrests for violations of, sections 6302 and 6303 of this title, any

7 regulation prescribed under section 6304 of this title, federal or state law,

8 or any regulation prescribed under federal or state law; and

9 (2) may enforce concurrently with the United States Park Police the

10 laws and regulations applicable to the National Capital Parks, and may

11 make arrests for violations of sections 6302 and 6303 of this title, within

12 the several areas located within the exterior boundaries of the face of the

13 curb lines of the squares within which the specified buildings and

14 grounds are located.

15 (c) UNIFORMS AND OTHER EQUIPMENT.—The employees designated as spe16 cial police under subsection (a) may be provided, without charge, with uni17 forms and other equipment as may be necessary for the proper performance

18 of their duties, including badges, revolvers, and ammunition.

19 § 6307. Penalties

20 (a) IN GENERAL.—

21 (1) PENALTY.—A person violating section 6302 or 6303 of this title,

22 or a regulation prescribed under section 6304 of this title, shall be fined

23 under title 18, imprisoned for not more than 60 days, or both.

24 (2) PROCEDURE.—Prosecution for an offense under this subsection

25 shall be in the Superior Court of the District of Columbia, by informa26 tion by the United States Attorney or an Assistant United States Attor27 ney.

28 (b) OFFENSES INVOLVING PROPERTY DAMAGE OVER $100.—

29 (1) PENALTY.—If in the commission of a violation described in sub30 section (a), property is damaged in an amount exceeding $100, the pe31 riod of imprisonment for the offense may be not more than five years.

32 (2) VENUE AND PROCEDURE.—Prosecution of an offense under this

33 subsection shall be in the United States District Court for the District

34 of Columbia by indictment. Prosecution may be on information by the

35 United States Attorney or an Assistant United States Attorney if the de36 fendant, after being advised of the nature of the charge and of rights of

37 the defendant, waives in open court prosecution by indictment.

38 CHAPTER 65—THURGOOD MARSHALL FEDERAL

39 JUDICIARY BUILDING

Sec.

6501. Definition.

6502. Thurgood Marshall Federal Judiciary Building.
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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.

1 § 6501. Definition

2 In this chapter, the term ‘‘Chief Justice’’ means the Chief Justice of the

3 United States or the designee of the Chief Justice, except that when there is

4 a vacancy in the office of the Chief Justice, the most senior associate justice

5 of the Supreme Court shall be deemed to be the Chief Justice for purposes of

6 this chapter until the vacancy is filled.

7 § 6502. Thurgood Marshall Federal Judiciary Building

8 (a) ESTABLISHMENT AND DESIGNATION.—There is a Federal Judiciary

9 Building in Washington, D.C., known and designated as the ‘‘Thurgood Mar10 shall Federal Judiciary Building’’.

11 (b) TITLE.—

12 (1) SQUARES 721 AND 722.—Title to squares 721 and 722 remains in

13 the Federal Government.

14 (2) BUILDING.—Title to the Building and other improvements con15 structed or otherwise made immediately reverts to the Government at the

16 expiration of not more than 30 years from the effective date of the lease

17 agreement referred to in section 6504 of this title without payment of

18 any compensation by the Government.

19 (c) LIMITATIONS.—

20 (1) SIZE OF BUILDING.—The Building (excluding parking facilities)

21 may not exceed 520,000 gross square feet in size above the level of Colum22 bia Plaza in the District of Columbia.

23 (2) HEIGHT OF BUILDING.—The height of the Building and other im24 provements shall be compatible with the height of surrounding Govern25 ment and historic buildings and conform to the provisions of the Act of

26 June 1, 1910 (ch. 263, 36 Stat. 452) (known as the Building Height Act

27 of 1910).

28 (3) DESIGN.—The Building and other improvements shall—

29 (A) be designed in harmony with historical and Government

30 buildings in the vicinity;

31 (B) reflect the symbolic importance and historic character of the

32 United States Capitol and other buildings on the United States

33 Capitol Grounds; and

34 (C) represent the dignity and stability of the Government.

35 (d) APPROVAL OF CHIEF JUSTICE.—All final decisions regarding architec36 tural design of the Building are subject to the approval of the Chief Justice.

37 (e) CHILLED WATER AND STEAM FROM CAPITOL POWER PLANT.—If the

38 Building is connected with the Capitol Power Plant, the Architect of the Cap-
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1 itol shall furnish chilled water and steam from the Plant to the Building on

2 a reimbursable basis.

3 (f) CONSTRUCTION STANDARDS.—The Building and other improvements

4 constructed under this chapter shall meet all standards applicable to construc5 tion of a federal building.

6 (g) ACCOUNTING SYSTEM.—The Architect shall maintain an accounting

7 system for operation and maintenance of the Building and other improve8 ments which will allow accurate projections of the dates and cost of major

9 repairs, improvements, reconstructions, and replacements of the Building and

10 improvements and other capital expenditures on the Building and improve11 ments.

12 (h) NONAPPLICABILITY OF CERTAIN LAWS.—

13 (1) BUILDING CODES, PERMITS, OR INSPECTION.—The Building is not

14 subject to any law of the District of Columbia relating to building codes,

15 permits, or inspection, including any such law enacted by Congress.

16 (2) TAXES.—The Building and other improvements constructed under

17 this chapter are not subject to any law of the District of Columbia relat18 ing to real estate and personal property taxes, special assessments, or

19 other taxes, including any such law enacted by Congress.

20 § 6503. Commission for the Judiciary Office Building

21 (a) ESTABLISHMENT AND MEMBERSHIP.—There is a Commission for the

22 Judiciary Office Building, composed of the following 13 members or their des23 ignees:

24 (1) Two individuals appointed by the Chief Justice from among jus25 tices of the Supreme Court and other judges of the United States.

26 (2) The members of the House Office Building Commission.

27 (3) The majority leader and minority leader of the Senate.

28 (4) The Chairman and the ranking minority member of the Senate

29 Committee on Rules and Administration.

30 (5) The Chairman and the ranking minority member of the Senate

31 Committee on Environment and Public Works.

32 (6) The Chairman and ranking minority member of the Committee on

33 Transportation and Infrastructure of the House of Representatives.

34 (b) QUORUM.—Seven members of the Commission is a quorum.

35 (c) DUTIES.—The Commission is responsible for the supervision of the de36 sign, construction, operation, maintenance, structural, mechanical, and do37 mestic care, and security of the Thurgood Marshall Federal Judiciary Build38 ing. The Commission shall prescribe regulations to govern the actions of the

39 Architect of the Capitol under this chapter and to govern the use and occu40 pancy of all space in the Building.
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1 § 6504. Lease of building

2 (a) LEASE AGREEMENT.—Under an agreement with the person selected to

3 construct the Thurgood Marshall Federal Judiciary Building, the Architect of

4 the Capitol shall lease the Building to carry out the objectives of this chapter.

5 (b) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement in6 cludes at a minimum the following:

7 (1) LIMIT ON LENGTH OF LEASE.—The Architect will lease the Build8 ing and other improvements for not more than 30 years from the effective

9 date of the agreement.

10 (2) RENTAL RATE.—The rental rate per square foot of occupiable space

11 for all space in the Building and other improvements will be in the best

12 interest of the Federal Government and will carry out the objectives of

13 this chapter. The aggregate rental rate for all space in the Building and

14 other improvements shall produce an amount at least equal to the

15 amount necessary to amortize the cost of development of squares 721 and

16 722 in the District of Columbia over the life of the lease.

17 (3) AUTHORITY TO MAKE SPACE AVAILABLE AND SUBLEASE SPACE.—

18 The Architect may make space available and sublease space in the Build19 ing and other improvements in accordance with section 6506 of this title.

20 (4) OTHER TERMS AND CONDITIONS.—The agreement contains terms

21 and conditions the Architect prescribes to carry out the objectives of this

22 chapter.

23 (c) OBLIGATION OF AMOUNTS.—Obligation of amounts for lease payments

24 under this section may only be made—

25 (1) on an annual basis; and

26 (2) from the account described in section 6507 of this title.

27 § 6505. Structural and mechanical care and security

28 (a) STRUCTURAL AND MECHANICAL CARE.—The Architect of the Capitol,

29 under the direction of the Commission for the Judiciary Office Building—

30 (1) is responsible for the structural and mechanical care and mainte31 nance of the Thurgood Marshall Federal Judiciary Building and im32 provements, including the care and maintenance of the grounds of the

33 Building, in the same manner and to the same extent as for the struc34 tural and mechanical care and maintenance of the Supreme Court

35 Building under section 6111 of this title; and

36 (2) shall perform all other duties and work required for the operation

37 and domestic care of the Building and improvements.

38 (b) SECURITY.—

39 (1) CAPITOL POLICE.—The United States Capitol Police—

40 (A) are responsible for all exterior security of the Building and

41 other improvements constructed under this chapter; and
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1 (B) may police the Building and other improvements, including

2 the interior and exterior, and may make arrests within the interior

3 and exterior of the Building and other improvements for any viola4 tion of federal or state law or the laws of the District of Columbia,

5 or any regulation prescribed under any of those laws.

6 (2) MARSHAL OF THE SUPREME COURT.—This chapter does not inter7 fere with the obligation of the Marshal of the Supreme Court to protect

8 justices, officers, employees, or other personnel of the Supreme Court who

9 may occupy the Building and other improvements.

10 (3) REIMBURSEMENT.—The Architect shall transfer from the account

11 described in section 6507 of this title amounts necessary to reimburse the

12 United States Capitol Police for expenses incurred in providing exterior

13 security under this subsection. The Capitol Police may accept amounts

14 the Architect transfers under this paragraph. Those amounts shall be

15 credited to the appropriation account charged by the Capitol Police in

16 carrying out security duties.

17 § 6506. Allocation of space

18 (a) PRIORITY.—

19 (1) JUDICIAL BRANCH.—Subject to this section, the Architect of the

20 Capitol shall make available to the judicial branch of the Federal Gov21 ernment all space in the Thurgood Marshall Federal Judiciary Building

22 and other improvements constructed under this chapter. The space shall

23 be made available on a reimbursable basis and substantially in accord24 ance with the report referred to in section 3(b)(1) of the Judiciary Office

25 Building Development Act (Public Law 100–480, 102 Stat. 2330).

26 (2) OTHER FEDERAL GOVERNMENTAL ENTITIES.—The Architect may

27 make available to federal governmental entities which are not part of the

28 judicial branch and which are not staff of Members of Congress or con29 gressional committees any space in the Building and other improvements

30 that the Chief Justice decides is not needed by the judicial branch. The

31 space shall be made available on a reimbursable basis.

32 (3) OTHER PERSONS.—If any space remains, the Architect may sub33 lease it pursuant to subsection (e), under the direction of the Commission

34 for the Judiciary Office Building, to any person.

35 (b) SPACE FOR JUDICIAL BRANCH AND OTHER FEDERAL GOVERNMENTAL

36 ENTITIES.—Space made available under subsection (a)(1) or (2) is subject

37 to—

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

39 chapter; and

40 (2) reimbursement at the rate established under section 6504(b)(2) of

41 this title plus an amount necessary to pay each year for the cost of ad-
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1 ministering the Building and other improvements (including the cost of

2 operation, maintenance, rehabilitation, security, and structural, mechan3 ical, and domestic care) that is attributable to the space, with the

4 amount to be determined by the Architect and—

5 (A) in the case of the judicial branch, the Director of the Admin6 istrative Office of the United States Courts; or

7 (B) in the case of any federal governmental entity not a part of

8 the judicial branch, the entity.

9 (c) SPACE FOR JUDICIAL BRANCH.—

10 (1) ASSIGNMENT OF SPACE WITHIN JUDICIAL BRANCH.—The Director

11 may assign space made available to the judicial branch under subsection

12 (a)(1) among offices of the judicial branch as the Director considers ap13 propriate.

14 (2) VACATING OCCUPIED SPACE.—When the Chief Justice notifies the

15 Architect that the judicial branch requires additional space in the Build16 ing and other improvements, the Architect shall accommodate those re17 quirements within 90 days after the date of the notification, except that

18 if the space was made available to the Administrator of General Services,

19 it shall be vacated expeditiously by not later than a date the Chief Jus20 tice and the Administrator agree on.

21 (3) UNOCCUPIED SPACE.—The Chief Justice has the right of first re22 fusal to use unoccupied space in the Building to meet the needs of the

23 judicial branch.

24 (d) LEASE BY ARCHITECT.—

25 (1) AUTHORITY TO LEASE.—Subject to approval by the Committees on

26 Appropriations of the House of Representatives and the Senate, the

27 House Office Building Commission, and the Committee on Rules and

28 Administration of the Senate, the Architect may lease and occupy not

29 more than 75,000 square feet of space in the Building.

30 (2) PAYMENTS.—Payments under the lease shall be made on vouchers

31 the Architect approves. Necessary amounts may be appropriated—

32 (A) to the Architect to carry out this subsection, including

33 amounts for acquiring and installing furniture and furnishings;

34 and

35 (B) to the Sergeant at Arms of the Senate to plan for, acquire,

36 and install telecommunications equipment and services for the Ar37 chitect with respect to space leased under this subsection.

38 (e) SUBLEASED SPACE.—

39 (1) RENTAL RATE.—Space subleased by the Architect under subsection

40 (a)(3) is subject to reimbursement at a rate which is comparable to pre41 vailing rental rates for similar facilities in the area but not less than
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1 the rate established under section 6504(b)(2) of this title plus an amount

2 the Architect and the person subleasing the space agree is necessary to

3 pay each year for the cost of administering the Building (including the

4 cost of operation, maintenance, rehabilitation, security, and structural,

5 mechanical, and domestic care) that is attributable to the space.

6 (2) LIMITATION.—A sublease under subsection (a)(3) must be compat7 ible with the dignity and functions of the judicial branch offices housed

8 in the Building and must not unduly interfere with the activities and

9 operations of the judicial branch agencies housed in the Building. Sec10 tions 5104(c) and 5108 of this title do not apply to any space in the

11 Building and other improvements subleased to a non-Government tenant

12 under subsection (a)(3).

13 (3) COLLECTION OF RENT.—The Architect shall collect rent for space

14 subleased under subsection (a)(3).

15 (f) DEPOSIT OF RENT AND REIMBURSEMENTS.—Amounts received under

16 subsection (a)(3) (including lease payments and reimbursements) shall be de17 posited in the account described in section 6507 of this title.

18 § 6507. Account in Treasury

19 (a) ESTABLISHMENT AND CONTENTS OF SEPARATE ACCOUNT.—There is a

20 separate account in the Treasury. The account includes all amounts deposited

21 in the account under section 6506(f) of this title and amounts appropriated

22 to the account. However, the appropriated amounts may not be more than

23 $2,000,000.

24 (b) USE OF AMOUNTS.—Amounts in the account are available to the Archi25 tect of the Capitol—

26 (1) for paying expenses for structural, mechanical, and domestic care,

27 maintenance, operation, and utilities of the Thurgood Marshall Federal

28 Judiciary Building and other improvements constructed under this chap29 ter;

30 (2) for reimbursing the United States Capitol Police for expenses in31 curred in providing exterior security for the Building and other improve32 ments;

33 (3) for making lease payments under section 6504 of this title; and

34 (4) for necessary personnel (including consultants).

35 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.
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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.

1 SUBCHAPTER I—TRANSFER AND ASSIGMENT OF RIGHTS,

2 AUTHORITIES, TITLE, AND INTERESTS

3 § 6701. Transfer of rights and authorities of Pennsylvania

4 Avenue Development Corporation

5 (a) IN GENERAL.—The Administrator of General Services—

6 (1) may make and perform transactions with an agency or instrumen7 tality of the Federal Government, a State, the District of Columbia, or

8 any person as necessary to carry out the trade center plan at the Federal

9 Triangle Project; and

10 (2) has all the rights and authorities of the former Pennsylvania Ave11 nue Development Corporation with regard to property transferred from

12 the Corporation to the General Services Administration in fiscal year

13 1996.

14 (b) USE OF AMOUNTS AND INCOME.—

15 (1) ACTIVITIES ASSOCIATED WITH TRANSFERRED RESPONSIBILITIES.—

16 The Administrator may use amounts transferred from the Corporation

17 or income earned on Corporation property for activities associated with

18 carrying out the responsibilities of the Corporation transferred to the Ad19 ministrator. Any income earned after October 1, 1998, shall be deposited

20 to the Federal Buildings Fund to be available for the purposes authorized

21 under this subchapter, notwithstanding section 592(c)(1) of this title.

22 (2) EXCESS AMOUNTS OR INCOME.—Any amounts or income the Ad23 ministrator considers excess to the amount needed to fulfill the respon24 sibilities of the Corporation transferred to the Administrator shall be ap25 plied to any outstanding debt the Corporation incurred when acquiring

26 real estate, except debt associated with the Ronald Reagan Building and

27 International Trade Center.

28 (c) PAYMENT TO DISTRICT OF COLUMBIA.—With respect to real property

29 transferred from the Corporation to the Administrator under section 6702 of

30 this title, the Administrator shall pay to the District of Columbia government,

31 in the same way as previously paid by the Corporation, an amount equal

32 to the amount of real property tax which would have been payable to the gov33 ernment beginning on the date the Corporation acquired the real property if

34 legal title to the property had been held by a private citizen on that date and

35 during all periods to which that date relates.
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1 § 6702. Transfer and assignment of rights, title, and interests

2 in property

3 (a) IN GENERAL.—

4 (1) LEASES, COVENANTS, AGREEMENTS, AND EASEMENTS.—As pro5 vided in this section, the General Services Administration, the National

6 Capital Planning Commission, and the National Park Service have the

7 rights, title, and interest of the Pennsylvania Avenue Development Cor8 poration in and to all leases, covenants, agreements, and easements the

9 Corporation executed before April 1, 1996, in carrying out its powers

10 and duties under the Pennsylvania Avenue Development Corporation Act

11 of 1972 (Public Law 92–578, 86 Stat. 1266) and the Federal Triangle

12 Development Act (Public Law 100–113, 101 Stat. 735).

13 (2) PROPERTY.—The Administration has the rights, title, and interest

14 of the Corporation in and to all property held in the name of the Cor15 poration, except as provided in subsection (c).

16 (b) GENERAL SERVICES ADMINISTRATION.—

17 (1) RESPONSIBILITIES.—The responsibilities of the Corporation trans18 ferred to the Administration under subsection (a) include—

19 (A) the collection of revenue owed the Federal Government as a

20 result of real estate sales or lease agreements made by the Corpora21 tion and private parties, including—

22 (i) the Willard Hotel property on Square 225;

23 (ii) the Gallery Row project on Square 457;

24 (iii) the Lansburgh’s project on Square 431; and

25 (iv) the Market Square North project on Square 407;

26 (B) the collection of sale or lease revenue owed the Government

27 from the sale or lease before April 1, 1996, of two undeveloped sites

28 owned by the Corporation on Squares 457 and 406;

29 (C) the application of collected revenue to repay Treasury debt

30 the Corporation incurred when acquiring real estate;

31 (D) performing financial audits for projects in which the Cor32 poration has actual or potential revenue expectation, as identified

33 in subparagraphs (A) and (B), in accordance with procedures de34 scribed in applicable sale or lease agreements;

35 (E) the disposition of real estate properties which are or become

36 available for sale and lease or other uses;

37 (F) payment of benefits in accordance with the Uniform Reloca38 tion Assistance and Real Property Acquisition Policies Act of 1970

39 (42 U.S.C. 4601 et seq.) to which persons in the project area squares

40 are entitled as a result of the Corporation’s acquisition of real es41 tate; and
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1 (G) carrying out the responsibilities of the Corporation under

2 subchapter III and the Federal Triangle Development Act (Public

3 Law 100–113, 101 Stat. 735), including responsibilities for man4 aging assets and liabilities of the Corporation under subchapter III

5 and the Act.

6 (2) POWERS.—In carrying out the responsibilities of the Corporation

7 transferred under this section, the Administrator of General Services

8 may—

9 (A) acquire land, improvements, and property by purchase, lease

10 or exchange, and sell, lease, or otherwise dispose of any property,

11 as necessary to complete the development plan developed under sec12 tion 5 of the Pennsylvania Avenue Development Corporation Act of

13 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of intention

14 to carry out the acquisition or disposal is first transmitted to the

15 Committee on Transportation and Infrastructure and the Com16 mittee on Appropriations of the House of Representatives and the

17 Committee on Environment and Public Works and the Committee

18 on Appropriations of the Senate and at least 60 days elapse after

19 the date of the transmission;

20 (B) modify the plan referred to in subparagraph (A) if the modi21 fication is first transmitted to the Committee on Transportation

22 and Infrastructure and the Committee on Appropriations of the

23 House of Representatives and the Committee on Environment and

24 Public Works and the Committee on Appropriations of the Senate

25 and at least 60 days elapse after the date of the transmission;

26 (C) maintain any existing Corporation insurance programs;

27 (D) make and perform transactions with an agency or instru28 mentality of the Federal Government, a State, the District of Co29 lumbia, or any person as necessary to carry out the responsibilities

30 of the Corporation under subchapter III and the Federal Triangle

31 Development Act (Public Law 100–113, 101 Stat. 735);

32 (E) request the Council of the District of Columbia to close any

33 alleys necessary for the completion of development in Square 457;

34 and

35 (F) use all of the amount transferred from the Corporation or in36 come earned on Corporation property to complete any pending de37 velopment projects.

38 (c) NATIONAL PARK SERVICE.—

39 (1) PROPERTY.—The National Park Service has the right, title, and

40 interest in and to the property located in the Pennsylvania Avenue Na41 tional Historic Site, including the parks, plazas, sidewalks, special light-
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1 ing, trees, sculpture, and memorials, depicted on a map entitled ‘‘Penn2 sylvania Avenue National Historic Park’’, dated June 1, 1995, and

3 numbered 840–82441. The map shall be on file and available for public

4 inspection in the offices of the Service.

5 (2) RESPONSIBILITIES.—The Service is responsible for management,

6 administration, maintenance, law enforcement, visitor services, resource

7 protection, interpretation, and historic preservation at the Site.

8 (3) SPECIAL EVENTS, FESTIVALS, CONCERTS, OR PROGRAMS.—The

9 Service may—

10 (A) make transactions with an agency or instrumentality of the

11 Government, a State, the District of Columbia, or any person as

12 considered necessary or appropriate for the conduct of special

13 events, festivals, concerts, or other art and cultural programs at the

14 Site; or

15 (B) establish a nonprofit foundation to solicit amounts for those

16 activities.

17 (4) JURISDICTION OF DISTRICT OF COLUMBIA.—Jurisdiction of Penn18 sylvania Avenue and all other roadways from curb to curb remains with

19 the District of Columbia but vendors are not permitted to occupy street

20 space except during temporary special events.

21 (d) NATIONAL CAPITAL PLANNING COMMISSION.—The National Capital

22 Planning Commission is responsible for ensuring that development in the

23 Pennsylvania Avenue area is carried out in accordance with the Pennsyl24 vania Avenue Development Corporation Plan—1974.

25 SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT

26 § 6711. Definition

27 In this subchapter, the term ‘‘development area’’ means the area to be devel28 oped, maintained, and used in accordance with this subchapter and the Penn29 sylvania Avenue Development Corporation Act of 1972 (Public Law 92–578,

30 86 Stat. 1266) and is the area bounded as follows:

31 Beginning at a point on the southwest corner of the intersection of Fif32 teenth Street and E Street Northwest;

33 thence proceeding east along the southern side of E Street to the south34 west corner of the intersection of Thirteenth Street and Pennsylvania Av35 enue Northwest;

36 thence southeast along the southern side of Pennsylvania Avenue to a

37 point being the southeast corner of the intersection of Pennsylvania Ave38 nue and Third Street Northwest;

39 thence north along the eastern side of Third Street to the northeast cor40 ner of the intersection of C Street and Third Street Northwest;
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1 thence west along the northern side of C Street to the northeast corner

2 of the intersection of C Street and Sixth Street Northwest;

3 thence north along the eastern side of Sixth Street to the northeast cor4 ner of the intersection of E Street and Sixth Street Northwest;

5 thence west along the northern side of E Street to the northeast corner

6 of the intersection of E Street and Seventh Street Northwest;

7 thence north along the eastern side of Seventh Street to the northeast

8 corner of the intersection of Seventh Street and F Street Northwest;

9 thence west along the northern side of F Street to the northwest corner

10 of the intersection of F Street and Ninth Street Northwest;

11 thence south along the western side of Ninth Street to the northwest

12 corner of the intersection of Ninth Street and E Street Northwest;

13 thence west along the northern side of E Street to the northeast corner

14 of the intersection of E Street and Thirteenth Street Northwest;

15 thence north along the eastern side of Thirteenth Street to the north16 east corner of the intersection of F Street and Thirteenth Street North17 west;

18 thence west along the northern side of F Street to the northwest corner

19 of the intersection of F Street and Fifteenth Street Northwest;

20 thence north along the western side of Fifteenth Street to the northwest

21 corner of the intersection of Pennsylvania Avenue and Fifteenth Street

22 Northwest;

23 thence west along the southern side of Pennsylvania Avenue to the

24 southeast corner of the intersection of Pennsylvania Avenue and East

25 Executive Avenue Northwest;

26 thence south along the eastern side of East Executive Avenue to the

27 intersection of South Executive Place and E Street Northwest;

28 thence east along the southern side of E Street to the point of begin29 ning.

30 § 6712. Powers of other agencies and instrumentalities in the

31 development area

32 This subchapter and the Pennsylvania Avenue Development Corporation

33 Act of 1972 (Public Law 92–578, 86 Stat. 1266) do not preclude other agen34 cies or instrumentalities of the Federal Government or of the District of Co35 lumbia from exercising any lawful powers in the development area consistent

36 with the development plan described in section 5(a) of the Act (86 Stat. 1269)

37 or the provisions and purposes of this subchapter and the Act. However, the

38 agency or instrumentality shall not release, modify, or depart from any fea39 ture or detail of the development plan without the prior approval of the Ad40 ministrator of General Services.
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1 § 6713. Certification of new construction

2 New construction (including substantial remodeling, conversion, rebuilding,

3 enlargement, extension, or major structural improvement of existing building,

4 but not including ordinary maintenance or remodeling or changes necessary

5 to continue occupancy) shall not be authorized or conducted within the devel6 opment area except on prior certification by the Administrator of General

7 Services that the construction is, or may reasonably be expected to be, con8 sistent with the carrying out of the development plan described in section 5(a)

9 of the Pennsylvania Avenue Development Corporation Act of 1972 (Public

10 Law 92–578, 86 Stat. 1269).

11 § 6714. Relocation services

12 (a) USE OF DISTRICT OF COLUMBIA GOVERNMENT.—The Administrator of

13 General Services may use the services of the District of Columbia government

14 in the administration of a relocation program pursuant to the Uniform Relo15 cation Assistance and Real Property Acquisition Policies Act of 1970 (42

16 U.S.C. 4601 et seq.). The Administrator shall reimburse the government for

17 the cost of the services.

18 (b) COORDINATION OF RELOCATION PROGRAMS.—All relocation services

19 performed by or on behalf of the Administrator shall be coordinated with the

20 District of Columbia’s central relocation programs.

21 (c) PREFERENTIAL RIGHTS OF DISPLACED OWNERS AND TENANTS.—An

22 owner or tenant of real property whose residence or business is terminated

23 as a result of acquisitions made pursuant to this subchapter or the Pennsyl24 vania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86

25 Stat. 1266) shall be granted a preferential right to lease or purchase from the

26 Administrator similar real property as may become available for a similar

27 use. The preferential right is limited to the parties in interest and is not

28 transferable or assignable.

29 § 6715. Coordination with District of Columbia

30 (a) LOCAL NEEDS, INITIATIVE, AND PARTICIPATION.—In carrying out the

31 purposes of this subchapter and the Pennsylvania Avenue Development Cor32 poration Act of 1972 (Public Law 92–578, 86 Stat. 1266), the Administrator

33 of General Services shall—

34 (1) consult and cooperate with District of Columbia officials and com35 munity leaders at the earliest practicable time;

36 (2) give primary consideration to local needs and desires and to local

37 and regional goals and policies as expressed in urban renewal, commu38 nity renewal, and comprehensive land use plans and regional plans; and

39 (3) foster local initiative and participation in connection with the

40 planning and development of projects.
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1 (b) COMPLIANCE WITH LOCAL REQUIREMENTS.—To the extent the Admin2 istrator constructs, rehabilitates, alters, or improves any project under this

3 subchapter, the Administrator shall comply with all District of Columbia

4 laws, ordinances, codes, and regulations. Section 8722(d) of this title applies

5 to all construction, rehabilitation, alteration, and improvement of all build6 ings by the Administrator under this subchapter. Construction, rehabilitation,

7 alteration, and improvement of any project by non-Federal Government

8 sources is subject to the District of Columbia Official Code and zoning regula9 tions.

10 § 6716. Reports

11 (a) REPORTS TO PRESIDENT AND CONGRESS.—The Administrator of Gen12 eral Services shall transmit comprehensive and detailed reports of the Admin13 istrator’s operations, activities, and accomplishments under this subchapter to

14 the President and Congress. The Administrator shall transmit a report to the

15 President each January and to the President and Congress at other times that

16 the Administrator considers desirable.

17 (b) PROTECTION AND ENHANCEMENT OF SIGNIFICANT HISTORIC AND AR18 CHITECTURAL VALUES.—A report under subsection (a) shall include a de19 tailed discussion of the actions the Administrator has taken in the reporting

20 period to protect and enhance the significant historic and architectural values

21 of structures within the boundaries of the Administrator’s jurisdiction under

22 this subchapter and shall indicate similar actions the Administrator plans to

23 take and issues the Administrator anticipates dealing with during the upcom24 ing fiscal year related to historic and architectural preservation. The report

25 shall indicate the degree to which public concern has been considered and in26 corporated into decisions the Administrator made relative to historic and ar27 chitectural preservation.

28 SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT

29 § 6731. Definitions

30 In this subchapter—

31 (1) FEDERAL TRIANGLE DEVELOPMENT AREA.—The term ‘‘Federal

32 Triangle development area’’ means the area bounded as follows:

33 Beginning at a point on the southwest corner of the intersection

34 of Fourteenth Street and Pennsylvania Avenue (formerly E Street),

35 Northwest;

36 thence south along the western side of Fourteenth Street to the

37 northwest corner of the intersection of Fourteenth Street and Con38 stitution Avenue, Northwest;

39 thence east along the northern side of Constitution Avenue to the

40 northeast corner of the intersection of Twelfth Street and Constitu41 tion Avenue, Northwest;
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1 thence north along the eastern side of Twelfth Street and Con2 stitution Avenue, Northwest;

3 thence north along the eastern side of Twelfth Street to the south4 east corner of the intersection of Twelfth Street and Pennsylvania

5 Avenue, Northwest;

6 thence west along the southern side of Pennsylvania Avenue to the

7 point of beginning.

8 (2) FEDERAL TRIANGLE PROPERTY.—The term ‘‘Federal Triangle

9 property’’ means—

10 (A) the property owned by the Federal Government in the Dis11 trict of Columbia, known as the ‘‘Great Plaza’’ site, which consists

12 of squares 256, 257, 258, parts of squares 259 and 260, and adja13 cent closed rights-of-way as shown on plate IV of the King Plats of

14 1803 located in the Office of the Surveyor of the District of Colum15 bia; and

16 (B) except for purposes of section 6733(a) of this title, any prop17 erty the Pennsylvania Avenue Development Corporation acquired

18 under section 3(b) of the Federal Triangle Development Act (Public

19 Law 100–113, 101 Stat. 736).

20 § 6732. Federal Triangle development area

21 The Federal Triangle development area is deemed to be part of the develop22 ment area described in section 6711 of this title. The Administrator of Gen23 eral Services has the same authority over the Federal Triangle development

24 area as over the development area described in section 6711.

25 § 6733. Federal Triangle property

26 (a) TITLE.—Title to the Federal Triangle property reverts to the Adminis27 trator of General Services not later than the date on which ownership of the

28 Ronald Reagan Building and International Trade Center vests in the Federal

29 Government.

30 (b) NONAPPLICABILITY OF CERTAIN LAWS.—

31 (1) BUILDING PERMITS AND INSPECTION.—For purposes of develop32 ment of the Federal Triangle property, the person selected to develop the

33 property is not subject to any state or local law relating to building per34 mits and inspection.

35 (2) TAXES AND ASSESSMENTS.—The property and improvements to

36 the property are not subject to real and personal property taxation or

37 to special assessments.
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1 § 6734. Ronald Reagan Building and International Trade

2 Center

3 (a) ESTABLISHMENT AND DESIGNATION.—The building constructed on the

4 Federal Triangle property shall be known and designated as the Ronald

5 Reagan Building and International Trade Center.

6 (b) TITLE.—The person selected to develop the Federal Triangle property

7 may own the Building for not more than 35 years from the date construction

8 of the Building began. The title to the Building shall be in the Administrator

9 of General Services from the date title to the Federal Triangle property reverts

10 to the Administrator.

11 (c) LIMITATIONS.—

12 (1) SIZE OF BUILDING.—The Building (including parking facilities)

13 may not exceed 3,100,000 gross square feet in size.

14 (2) HEIGHT OF BUILDING.—The height of the Building shall be com15 patible with the height of surrounding Federal Government buildings.

16 (3) DESIGN.—The Building shall—

17 (A) be designed in harmony with historical and Government

18 buildings in the vicinity;

19 (B) reflect the symbolic importance and historic character of

20 Pennsylvania Avenue and the Nation’s Capital; and

21 (C) represent the dignity and stability of the Government.

22 (d) CONSTRUCTION STANDARDS.—The Building shall meet all standards

23 applicable to construction of a federal building.

24 (e) ACCOUNTING SYSTEM.—The Administrator shall maintain an account25 ing system for operation and maintenance of the Building which will allow

26 accurate projections of the dates and cost of major repairs, improvements, re27 constructions, and replacements of the Building and other capital expendi28 tures on the Building. The Administrator shall act as necessary to ensure that

29 amounts are available to cover the projected cost and expenditures.

30 (f) LEASE OF BUILDING.—

31 (1) LEASE AGREEMENT.—Under an agreement with the person selected

32 to construct the Ronald Reagan Building and International Trade Cen33 ter, the Administrator shall lease the Building for federal office space

34 and the international cultural and trade center space.

35 (2) MINIMUM REQUIREMENTS OF LEASE AGREEMENT.—The agreement

36 includes at a minimum the following:

37 (A) LIMIT ON LENGTH OF LEASE.—The Administrator will lease

38 the Building for the period of time that the person selected to con39 struct the Building owns the Building.

40 (B) RENTAL RATE.—The rental rate per square foot of occupiable

41 space for all space in the Building will be in the best interest of
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1 the Government and will carry out the objectives of this subchapter

2 and the Federal Triangle Development Act (Public Law 100–113,

3 101 Stat. 735). The aggregate rental rate for all space in the Build4 ing shall produce an amount at least equal to the amount necessary

5 to amortize the cost of development of the Federal Triangle property

6 over the life of the lease.

7 (C) OBLIGATION OF AMOUNTS.—Obligation of amounts from the

8 Federal Building Fund shall only be made on an annual basis to

9 meet lease payments.

10 (3) AUTHORIZATION TO OBLIGATE AMOUNTS.—Amounts may be obli11 gated as described in paragraph (2)(C).

12 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.

13 SUBCHAPTER I—UNION STATION COMPLEX

14 § 6901. Definition

15 In this subchapter, the term ‘‘Union Station complex’’ means real property,

16 air rights, and improvements the Secretary of the Interior leased under sec17 tions 101–110 of the National Visitors Center Facilities Act of 1968 (Public

18 Law 90–264, 82 Stat. 43) and property acquired and improvements made in

19 accordance with this subchapter.

20 § 6902. Assignment of right, title, and interest in the Union

21 Station complex to the Secretary of Transportation

22 The Secretary of Transportation has the right, title, and interest in and

23 to the Union Station complex, including all agreements and leases made

24 under sections 101–110 of the National Visitors Center Facilities Act of 1968

25 (Public Law 90–264, 82 Stat. 43). To the extent the Secretary of Transpor26 tation and the Secretary of the Interior agree, the Secretary of the Interior

27 may lease space for visitor services.
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1 § 6903. Agreements and contracts

2 The Secretary of Transportation may make agreements and contracts, ex3 cept an agreement or contract to sell property rights at the Union Station

4 complex, with a person, a federal, regional, or local agency, or the Architect

5 of the Capitol that the Secretary considers necessary or desirable to carry out

6 the purposes of this subchapter.

7 § 6904. Acquisition, maintenance, and use of property

8 (a) ACQUISITION.—The Secretary of Transportation may acquire for the

9 Federal Government an interest in real property (including easements or res10 ervations) and any other property interest (including contract rights) in or

11 relating or adjacent to the Union Station complex that the Secretary con12 siders necessary to carry out the purposes of this subchapter.

13 (b) MAINTENANCE AND USE.—The Secretary may maintain, use, operate,

14 manage, and lease, either directly, by contract, or through development agree15 ments, any property interest the Secretary holds or acquires for the Govern16 ment under this subchapter in the manner and subject to the terms, condi17 tions, covenants, and easements that the Secretary considers necessary or de18 sirable to carry out the purposes of this subchapter.

19 § 6905. Service on board of directors of Union Station Rede20 velopment Corporation

21 To further the rehabilitation, redevelopment, and operation of the Union

22 Station complex, the Secretary of Transportation and the Administrator of

23 the Federal Railroad Administration may serve as ex officio members of the

24 board of directors of the Union Station Redevelopment Corporation.

25 § 6906. Union Station Fund

26 (a) ESTABLISHMENT.—There is a special deposit account in the Treasury

27 known as the ‘‘Union Station Fund’’, which shall be administered as a revolv28 ing fund.

29 (b) CONTENT.—The account shall be credited with receipts of the Secretary

30 of Transportation from activities authorized by this subchapter.

31 (c) USE OF AMOUNTS.—The Secretary may use income and proceeds re32 ceived from activities authorized by this subchapter, including operating and

33 leasing income and payments made to the Federal Government under develop34 ment agreements, to pay expenses the Secretary incurs in carrying out the

35 purposes of this subchapter, including construction, acquisition, leasing, oper36 ation, and maintenance expenses and payments made to developers under de37 velopment agreements.

38 (d) AVAILABILITY OF AMOUNTS.—The balance in the account is available

39 in amounts specified in annual appropriation laws for making expenditures

40 authorized by this subchapter.
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1 § 6907. Use of other appropriated amounts

2 (a) WAIVER OF COST SHARING REQUIREMENT.—The Secretary of Trans3 portation may use amounts appropriated under section 24909(a)(2)(A) of

4 title 49 to carry out the purposes of this subchapter.

5 (b) BAN ON USING AMOUNTS FOR HELIPORT.—Amounts appropriated

6 under section 24909 of title 49 may not be used for design, construction, or

7 operation of a heliport at or near Union Station.

8 § 6908. Parking facility

9 (a) TITLE.—The Federal Government has the right, title, and interest in

10 and to the parking facility at Union Station.

11 (b) FEES.—The rate of fees charged for use of the facility may exceed the

12 rate required for maintenance and operation of the facility. The rate shall

13 be established in a manner that encourages use of the facility by rail pas14 sengers and participants in activities in the Union Station complex and area.

15 § 6909. Supplying steam or chilled water to Union Station

16 complex

17 The Architect of the Capitol may make agreements with the Secretary of

18 Transportation to furnish steam, chilled water, or both from the Capitol

19 Power Plant to the Union Station complex, at no expense to the legislative

20 branch.

21 § 6910. Authorization of appropriations

22 Amounts necessary to meet lease and other obligations, including mainte23 nance requirements, incurred by the Secretary of the Interior and assigned

24 to the Secretary of Transportation under this subchapter may be appro25 priated to the Secretary of Transportation.

26 SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY

27 COMMISSION

28 § 6921. Establishment, composition, and meetings

29 (a) ESTABLISHMENT.—There is a National Visitor Facilities Advisory

30 Commission.

31 (b) COMPOSITION.—

32 (1) MEMBERSHIP.—The Commission is composed of—

33 (A) the Secretary of the Interior;

34 (B) the Administrator of General Services;

35 (C) the Secretary of the Smithsonian Institution;

36 (D) the Chairman of the National Capital Planning Commission;

37 (E) the Chairman of the Commission of Fine Arts;

38 (F) six Members of the Senate, three from each party, to be ap39 pointed by the President of the Senate;
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1 (G) six Members of the House of Representatives, three from each

2 party, to be appointed by the Speaker of the House of Representa3 tives; and

4 (H) three individuals appointed by the President, at least two of

5 whom shall not be officers of the Federal Government, and one mem6 ber of whom shall be a representative of the District of Columbia

7 government.

8 (2) CHAIRMAN.—The Secretary of the Interior serves as the Chairman

9 of the Commission.

10 (3) SERVICE OF NON-FEDERAL MEMBERS.—Non-federal members serve

11 at the pleasure of the President.

12 (c) MEETINGS.—The Commission shall meet at the call of the Chairman.

13 § 6922. Duties

14 (a) IN GENERAL.—The National Visitor Facilities Advisory Commission

15 shall—

16 (1) conduct continuing investigations and studies of sites and plans

17 to provide additional facilities and services for visitors and students

18 coming to the Nation’s Capital; and

19 (2) advise the Secretary of the Interior and the Administrator of Gen20 eral Services on the planning, construction, acquisition, and operation

21 of those visitor facilities.

22 (b) STAFF AND FACILITIES.—The Director of the National Park Service,

23 in consultation with the Administrator, shall provide the necessary staff and

24 facilities to assist the Commission in carrying out its duties under this sub25 chapter.

26 § 6923. Compensation and expenses

27 Members of the National Visitor Facilities Advisory Commission who are

28 not officers or employees of the Federal Government or the government of the

29 District of Columbia are entitled to receive compensation under section 3109

30 of title 5 and expenses under section 5703 of title 5.

31 § 6924. Reports and recommendations

32 The National Visitor Facilities Advisory Commission shall report to the

33 Secretary of the Interior and the Administrator of General Services the results

34 of its studies and investigations. A report recommending additional facilities

35 for visitors shall include the Commission’s recommendations as to sites for the

36 facilities to be provided, preliminary plans, specifications, and architectural

37 drawings for the facilities, and the estimated cost of the recommended sites

38 and facilities.
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1 PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS

2 IN THE DISTRICT OF COLUMBIA

3 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.

4 SUBCHAPTER I—GENERAL

5 § 8101. Supervision of public buildings and grounds in Dis6 trict of Columbia not otherwise provided for by law

7 (a) IN GENERAL.—Under regulations the President prescribes, the Admin8 istrator of General Services shall have charge of the public buildings and

9 grounds in the District of Columbia, except those buildings and grounds

10 which otherwise are provided for by law.

11 (b) NOTICE OF UNLAWFUL OCCUPANCY.—If the Administrator, or the offi12 cer under the direction of the Administrator who is in immediate charge of

13 those public buildings and grounds, decides that an individual is unlawfully

14 occupying any part of that public land, the Administrator or officer in charge

15 shall notify the United States marshal for the District of Columbia in writing

16 of the unlawful occupation.

17 (c) EJECTION OF TRESPASSER.—The marshal shall have the trespasser

18 ejected from the public land and shall restore possession of the land to the

19 officer charged by law with the custody of the land.
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1 § 8102. Protection of Federal Government buildings in Dis2 trict of Columbia

3 The Attorney General and the Secretary of the Treasury may prohibit—

4 (1) a vehicle from parking or standing on a street or roadway adja5 cent to a building in the District of Columbia—

6 (A) at least partly owned or possessed by, or leased to, the Fed7 eral Government; and

8 (B) used by law enforcement authorities subject to their jurisdic9 tion; and

10 (2) a person or entity from conducting business on property imme11 diately adjacent to a building described in paragraph (1).

12 § 8103. Application of District of Columbia laws to public

13 buildings and grounds

14 (a) APPLICATION OF LAWS.—Laws and regulations of the District of Co15 lumbia for the protection of public or private property and the preservation

16 of peace and order are extended to all public buildings and public grounds

17 belonging to the Federal Government in the District of Columbia.

18 (b) PENALTIES.—A person shall be fined under title 18, imprisoned for not

19 more than six months, or both if the person—

20 (1) is guilty of disorderly and unlawful conduct in or about those pub21 lic buildings or public grounds;

22 (2) willfully injures the buildings or shrubs;

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

24 enclosure;

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

26 or

27 (5) removes any stone, gravel, sand, or other property of the Govern28 ment, or any other part of the public grounds or lots belonging to the

29 Government in the District of Columbia.

30 § 8104. Regulation of private and semipublic buildings adja31 cent to public buildings and grounds

32 (a) FACTORS FOR DEVELOPMENT.—In view of the provisions of the Con33 stitution respecting the establishment of the seat of the National Government,

34 the duties it imposed on Congress in connection with establishing the seat of

35 the National Government, and the solicitude shown and the efforts exerted by

36 President Washington in the planning and development of the Capital City,

37 the development should proceed along the lines of good order, good taste, and

38 with due regard to the public interests involved, and a reasonable degree of

39 control should be exercised over the architecture of private or semipublic

40 buildings adjacent to public buildings and grounds of major importance.
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1 (b) SUBMISSION OF APPLICATION TO COMMISSION OF FINE ARTS.—The

2 Mayor of the District of Columbia shall submit to the Commission on Fine

3 Arts an application for a permit to erect or alter any building, a part of

4 which fronts or abuts on the grounds of the Capitol, the grounds of the White

5 House, the part of Pennsylvania Avenue extending from the Capitol to the

6 White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock

7 Creek and Potomac Parkway, Potomac Park, or The Mall Park System and

8 public buildings adjacent to the System, or abuts on any street bordering any

9 of those grounds or parks, so far as the plans relate to height and appearance,

10 color, and texture of the materials of exterior construction.

11 (c) REPORT TO MAYOR.—The Commission shall report promptly its rec12 ommendations to the Mayor, including any changes the Commission decides

13 are necessary to prevent reasonably avoidable impairment of the public values

14 belonging to the public building or park. If the Commission fails to report

15 its approval or disapproval of a plan within 30 days, the report is deemed

16 approved and a permit may be issued.

17 (d) ACTION BY THE MAYOR.—The Mayor shall take action the Mayor de18 cides is necessary to effect reasonable compliance with the recommendation

19 under subsection (c).

20 § 8105. Approval by Administrator of General Services

21 Subject to applicable provisions of existing law relating to the functions in

22 the District of Columbia of the National Capital Planning Commission and

23 the Commission of Fine Arts, only the Administrator of General Services is

24 required to approve sketches, plans, and estimates for buildings to be con25 structed by the Administrator, except that the Administrator and the United

26 States Postal Service must approve buildings designed for post-office purposes.

27 § 8106. Buildings on reservations, parks, or public grounds

28 A building or structure shall not be erected on any reservation, park, or

29 public grounds of the Federal Government in the District of Columbia without

30 express authority of Congress.

31 § 8107. Advertisements and sales in or around Washington

32 Monument

33 Except on the written authority of the Director of the National Park Serv34 ice, advertisements of any kind shall not be displayed, and articles of any

35 kind shall not be sold, in or around the Washington Monument.

36 § 8108. Use of public buildings for public ceremonies

37 Except as expressly authorized by law, public buildings in the District of

38 Columbia (other than the Capitol Building and the White House), and the

39 approaches to those public buildings, shall not be used or occupied in connec40 tion with ceremonies for the inauguration of the President or other public

41 functions.
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1 SUBCHAPTER II—JURISDICTION

2 § 8121. Improper appropriation of streets

3 (a) AUTHORITY.—The Secretary of the Interior shall—

4 (1) prevent the improper appropriation or occupation of any public

5 street, avenue, square, or reservation in the District of Columbia that be6 longs to the Federal Government;

7 (2) reclaim the street, avenue, square, or reservation if unlawfully ap8 propriated;

9 (3) prevent the erection of any permanent building on property re10 served to or for the use of the Government, unless plainly authorized by

11 law; and

12 (4) report to Congress at the beginning of each session on the Sec13 retary’s proceedings in the premises, together with a full statement of all

14 property described in this subsection, and how, and by what authority,

15 the property is occupied or claimed.

16 (b) APPLICATION.—This section does not interfere with the temporary and

17 proper occupation of any part of the property described in subsection (a), by

18 lawful authority, for the legitimate purposes of the Government.

19 § 8122. Jurisdiction over portion of Constitution Avenue

20 The Director of the National Park Service has jurisdiction over that part

21 of Constitution Avenue west of Virginia Avenue that was under the control

22 of the Commissioners of the District of Columbia prior to May 27, 1908.

23 § 8123. Record of transfer of jurisdiction between Director of

24 National Park Service and Mayor of District of Co25 lumbia

26 When in accordance with law or mutual legal agreement, spaces or portions

27 of public land are transferred between the jurisdiction of the Director of the

28 National Park Service, as established by the Act of July 1, 1898 (ch. 543,

29 30 Stat. 570), and the Mayor of the District of Columbia, the letters of trans30 fer and acceptance exchanged between them are sufficient authority for the

31 necessary change in the official maps and for record when necessary.

32 § 8124. Transfer of jurisdiction between Federal and District

33 of Columbia authorities

34 (a) TRANSFER OF JURISDICTION.—Federal and District of Columbia au35 thorities administering properties in the District that are owned by the Fed36 eral Government or by the District may transfer jurisdiction over any part

37 of the property among or between themselves for purposes of administration

38 and maintenance under conditions the parties agree on. The National Capital

39 Planning Commission shall recommend the transfer before it is completed.

40 (b) REPORT TO CONGRESS.—The District authorities shall report all trans41 fers and agreements to Congress.
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1 (c) CERTAIN LAWS NOT REPEALED.—Subsection (a) does not repeal any

2 law in effect on May 20, 1932, which authorized the transfer of jurisdiction

3 of certain land among and between federal and District authorities.

4 § 8125. Public spaces resulting from filling of canals

5 The Director of the National Park Service has jurisdiction over all public

6 spaces resulting from the filling of canals in the original city of Washington

7 that were not under the jurisdiction of the Chief of Engineers of the United

8 States Army as of August 1, 1914, except spaces included in the navy yard

9 or in actual use as roadways and sidewalks and spaces assigned by law to

10 the District of Columbia for use as a property yard and the location of a

11 sewage pumping station. The spaces shall be laid out as reservations as a part

12 of the park system of the District of Columbia.

13 § 8126. Temporary occupancy of Potomac Park by Secretary

14 of Agriculture

15 (a) NOT MORE THAN 75 ACRES.—The Director of the National Park Serv16 ice may allow the Secretary of Agriculture to temporarily occupy as a testing

17 ground not more than 75 acres of Potomac Park not needed in any one season

18 for reclamation or park improvement. The Secretary shall vacate the area at

19 the close of any season on the request of the Director.

20 (b) CONTINUE AS PUBLIC PARK UNDER DIRECTOR.—This section does not

21 change the essential character of the land used, which shall continue to be a

22 public park under the charge of the Director.

23 § 8127. Part of Washington Aqueduct for playground pur24 poses

25 (a) JURISDICTION OF MAYOR.—The Mayor of the District of Columbia has

26 possession, control, and jurisdiction of the land of the Washington Aqueduct

27 adjacent to the Champlain Avenue pumping station and lying outside of the

28 fence around the pumping station as it—

29 (1) existed on August 31, 1918; and

30 (2) was transferred by the Chief of Engineers for playground purposes.

31 (b) JURISDICTION OF SECRETARY OF THE ARMY NOT AFFECTED.—This

32 section does not affect the superintendence and control of the Secretary of the

33 Army over the Washington Aqueduct and the rights, appurtenances, and fix34 tures connected with the Aqueduct.

35 SUBCHAPTER III—SERVICES FOR FACILITIES

36 § 8141. Contract to rent buildings in the District of Columbia

37 not to be made until appropriation enacted

38 A contract shall not be made for the rent of a building, or part of a build39 ing, to be used for the purposes of the Federal Government in the District

40 of Columbia until Congress enacts an appropriation for the rent. This section
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1 is deemed to be notice to all contractors or lessors of the building or a part

2 of the building.

3 § 8142. Rent of other buildings

4 An executive department of the Federal Government renting a building for

5 public use in the District of Columbia may rent a different building instead

6 if it is in the public interest to do so. This section does not authorize an in7 crease in the number of buildings in use or in the amount paid for rent.

8 § 8143. Heat

9 (a) CORCORAN GALLERY OF ART.—The Administrator of General Services

10 may furnish heat from the central heating plant to the Corcoran Gallery of

11 Art, if the Corcoran Gallery of Art agrees to—

12 (1) pay for heat furnished at rates the Administrator determines; and

13 (2) connect the building with the Federal Government mains in a

14 manner satisfactory to the Administrator.

15 (b) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM.—The Ad16 ministrator may furnish steam from the central heating plant for the use of

17 the Board of Governors of the Federal Reserve System on the property which

18 the Board acquired in squares east of 87 and east of 88 in the District of

19 Columbia if the Board agrees to—

20 (1) pay for the steam furnished at reasonable rates the Administrator

21 determines but that are at least equal to cost; and

22 (2) provide the necessary connections with the Government mains at

23 its own expense and in a manner satisfactory to the Administrator.

24 (c) NON-FEDERAL PUBLIC BUILDINGS.—The Administrator shall determine

25 the rates to be paid for steam furnished to the Corcoran Gallery of Art, the

26 Pan American Union Buildings, the American Red Cross Buildings, and

27 other non-federal public buildings authorized to receive steam from the central

28 heating plant.

29 § 8144. Delivery of fuel for use during ensuing fiscal year

30 During April, May, and June of each year, the Administrator of General

31 Services may deliver to all branches of the Federal Government and the gov32 ernment of the District of Columbia as much fuel for their use during the

33 following fiscal year as may be practicable to store at the points of consump34 tion. The branches of the Federal Government and the government of the Dis35 trict of Columbia shall pay for the fuel from their applicable appropriations

36 for that fiscal year.

37 SUBCHAPTER IV—MISCELLANEOUS

38 § 8161. Reservation of parking spaces for Members of Con39 gress

40 The Council of the District of Columbia shall designate, reserve, and prop41 erly mark appropriate and sufficient parking spaces on the streets adjacent
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1 to all public buildings in the District for the use of Members of Congress en2 gaged in public business.

3 § 8162. Ailanthus trees prohibited

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

5 grounds.

6 § 8163. Use of greenhouses and nursery for trees, shrubs, and

7 plants

8 The greenhouses and nursery shall be used only for the propagation of trees,

9 shrubs, and plants suitable for planting in the public reservations. Only those

10 trees, shrubs, and plants shall be planted in the public reservations.

11 § 8164. E. Barrett Prettyman United States Courthouse

12 (a) OPERATION, MAINTENANCE, AND REPAIR.—The operation, mainte13 nance, and repair of the E. Barrett Prettyman United States Courthouse,

14 used by the United States Court of Appeals for the District of Columbia and

15 the United States District Court for the District of Columbia, is under the

16 control of the Administrator of General Services.

17 (b) ALLOCATION OF SPACE.—The allocation of space in the Courthouse is

18 vested in the chief judge of the United States Court of Appeals for the District

19 of Columbia and the chief judge of the United States District Court for the

20 District of Columbia.

21 § 8165. Services for Office of Personnel Management

22 For carrying out the work of the Director of the Office of Personnel Man23 agement and the examinations provided for in sections 3304 and 3305 of title

24 5, the Administrator of General Services shall—

25 (1) assign or provide suitable and convenient rooms and accommoda26 tions, which are furnished, heated, and lighted, in Washington, D.C.;

27 (2) supply necessary stationery and other articles; and

28 (3) arrange for or provide necessary printing.

29 CHAPTER 83—WASHINGTON METROPOLITAN REGION

30 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.

31 § 8301. Definition

32 In this chapter, the term ‘‘Washington metropolitan region’’ includes the

33 District of Columbia, the counties of Montgomery and Prince Georges in

34 Maryland, and the counties of Arlington and Fairfax and the cities of Alexan35 dria and Falls Church in Virginia.
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1 § 8302. Necessity for coordination in the development of the

2 Washington metropolitan region

3 Because the District of Columbia is the seat of the Federal Government and

4 has become the urban center of a rapidly expanding Washington metropolitan

5 region, the necessity for the continued and effective performance of the func6 tions of the Government in the District of Columbia, the general welfare of

7 the District of Columbia, the health and living standards of the people resid8 ing or working in the District of Columbia, and the conduct of industry,

9 trade, and commerce in the District of Columbia require that to the fullest

10 extent possible the development of the District of Columbia and the manage11 ment of its public affairs, and the activities of the departments, agencies, and

12 instrumentalities of the Government which may be carried out in, or in rela13 tion to, the other areas of the Washington metropolitan region, shall be coordi14 nated with the development of those other areas and with the management

15 of their public affairs so that, with the cooperation and assistance of those

16 other areas, all of the areas in the Washington metropolitan area shall be de17 veloped and their public affairs shall be managed so as to contribute effec18 tively toward the solution of the community development problems of the

19 Washington metropolitan region on a unified metropolitan basis.

20 § 8303. Declaration of policy of coordinated development and

21 management

22 The policy to be followed for the attainment of the objective established by

23 section 8302 of this title, and for the more effective exercise by Congress, the

24 executive branch of the Federal Government, the Mayor of the District of Co25 lumbia, and all other officers, agencies, and instrumentalities of the District

26 of Columbia of their respective functions, powers, and duties in respect of the

27 Washington metropolitan region, shall be that the functions, powers, and du28 ties shall be exercised and carried out in a manner that (with proper recogni29 tion of the sovereignty of Maryland and Virginia in respect of those areas

30 of the Washington metropolitan region that are located within their respective

31 jurisdictions) will best facilitate the attainment of the coordinated develop32 ment of the areas of the Washington metropolitan area and the coordinated

33 management of their public affairs so as to contribute effectively to the solu34 tion of the community development problems of the Washington metropolitan

35 region on a unified metropolitan basis.

36 § 8304. Priority projects

37 In carrying out the policy pursuant to section 8303 of this title for the at38 tainment of the objective established by section 8302 of this title, priority

39 should be given to the solution, on a unified metropolitan basis, of the prob40 lems of water supply, sewage disposal, and water pollution and transpor41 tation.
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1 CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND

2 DIRECTOR

Sec.

8501. National Capital Service Area.

8502. National Capital Service Director.

3 § 8501. National Capital Service Area

4 (a) ESTABLISHMENT.—

5 (1) BOUNDARIES.—The National Capital Service Area is in the Dis6 trict of Columbia and includes the principal federal monuments, the

7 White House, the Capitol Building, the United States Supreme Court

8 Building, and the federal executive, legislative, and judicial office build9 ings located adjacent to the Mall and the Capitol Building, and is more

10 particularly described as the area bounded as follows:

11 Beginning at that point on the present Virginia-District of Co12 lumbia boundary due west of the northernmost point of Theodore

13 Roosevelt Island and running due east to the eastern shore of the

14 Potomac River;

15 thence generally south along the shore at the mean high water

16 mark to the northwest corner of the Kennedy Center;

17 thence east along the northern side of the Kennedy Center to a

18 point where it reaches the E Street Expressway;

19 thence east on the expressway to E Street Northwest and thence

20 east on E Street Northwest to Eighteenth Street Northwest;

21 thence south on Eighteenth Street Northwest to Constitution Ave22 nue Northwest;

23 thence east on Constitution Avenue to Seventeenth Street North24 west;

25 thence north on Seventeenth Street Northwest to Pennsylvania

26 Avenue Northwest;

27 thence east on Pennsylvania Avenue to Jackson Place Northwest;

28 thence north on Jackson Place to H Street Northwest;

29 thence east on H Street Northwest to Madison Place Northwest;

30 thence south on Madison Place Northwest to Pennsylvania Avenue

31 Northwest;

32 thence east on Pennsylvania Avenue Northwest to Fifteenth Street

33 Northwest;

34 thence south on Fifteenth Street Northwest to Pennsylvania Ave35 nue Northwest;

36 thence southeast on Pennsylvania Avenue Northwest to John Mar37 shall Place Northwest;

38 thence north on John Marshall Place Northwest to C Street

39 Northwest;
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1 thence east on C Street Northwest to Third Street Northwest;

2 thence north on Third Street Northwest to D Street Northwest;

3 thence east on D Street Northwest to Second Street Northwest;

4 thence south on Second Street Northwest to the intersection of

5 Constitution Avenue Northwest and Louisiana Avenue Northwest;

6 thence northeast on Louisiana Avenue Northwest to North Capitol

7 Street;

8 thence north on North Capitol Street to Massachusetts Avenue

9 Northwest;

10 thence southeast on Massachusetts Avenue Northwest so as to en11 compass Union Square;

12 thence following Union Square to F Street Northeast;

13 thence east on F Street Northeast to Second Street Northeast;

14 thence south on Second Street Northeast to D Street Northeast;

15 thence west on D Street Northeast to First Street Northeast;

16 thence south on First Street Northeast to Maryland Avenue

17 Northeast;

18 thence generally north and east on Maryland Avenue to Second

19 Street Northeast;

20 thence south on Second Street Northeast to C Street Southeast;

21 thence west on C Street Southeast to New Jersey Avenue South22 east;

23 thence south on New Jersey Avenue Southeast to D Street South24 east;

25 thence west on D Street Southeast to Canal Street Parkway;

26 thence southeast on Canal Street Parkway to E Street Southeast;

27 thence west on E Street Southeast to the intersection of Wash28 ington Avenue Southwest and South Capitol Street;

29 thence northwest on Washington Avenue Southwest to Second

30 Street Southwest;

31 thence south on Second Street Southwest to Virginia Avenue

32 Southwest;

33 thence generally west on Virginia Avenue to Third Street South34 west;

35 thence north on Third Street Southwest to C Street Southwest;

36 thence west on C Street Southwest to Sixth Street Southwest;

37 thence north on Sixth Street Southwest to Independence Avenue;

38 thence west on Independence Avenue to Twelfth Street Southwest;

39 thence south on Twelfth Street Southwest to D Street Southwest;

40 thence west on D Street Southwest to Fourteenth Street South41 west;
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1 thence south on Fourteenth Street Southwest to the middle of the

2 Washington Channel;

3 thence generally south and east along the mid-channel of the

4 Washington Channel to a point due west of the northern boundary

5 line of Fort Lesley McNair;

6 thence due east to the side of the Washington Channel;

7 thence following generally south and east along the side of the

8 Washington Channel at the mean high water mark, to the point of

9 confluence with the Anacostia River, and along the northern shore

10 at the mean high water mark to the northern most point of the

11 Eleventh Street Bridge;

12 thence generally south and east along the northern side of the

13 Eleventh Street Bridge to the eastern shore of the Anacostia River;

14 thence generally south and west along such shore at the mean

15 high water mark to the point of confluence of the Anacostia and Po16 tomac Rivers;

17 thence generally south along the eastern shore at the mean high

18 water mark of the Potomac River to the point where it meets the

19 present southeastern boundary line of the District of Columbia;

20 thence south and west along such southeastern boundary line to

21 the point where it meets the present Virginia-District of Columbia

22 boundary;

23 thence generally north and west up the Potomac River along the

24 Virginia-District of Columbia boundary to the point of beginning.

25 (2) STREETS AND SIDEWALKS INCLUDED.—Where the area in para26 graph (1) is bounded by a street, the street, and any sidewalk of the

27 street, are included in the area.

28 (3) FEDERAL PROPERTY THAT AFFRONTED OR ABUTTED THE AREA

29 DEEMED TO BE IN THE AREA.—Federal real property that on December

30 24, 1973, affronted or abutted the area described in paragraph (1) is

31 deemed to be in the area. For the purposes of this paragraph, federal real

32 property affronting or abutting the area described in paragraph (1)—

33 (A) is deemed to include Fort Lesley McNair, the Washington

34 Navy Yard, the Anacostia Naval Annex, the United States Naval

35 Station, Bolling Air Force Base, and the Naval Research Labora36 tory; and

37 (B) does not include any area situated outside of the District of

38 Columbia boundary as it existed immediately prior to December 24,

39 1973, any part of the Anacostia Park situated east of the northern

40 side of the Eleventh Street Bridge, or any part of the Rock Creek

41 Park.
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1 (b) APPLICABILITY OF OTHER PROVISIONS.—

2 (1) PROVISIONS COVERING BUILDINGS AND GROUNDS IN AREA NOT AF3 FECTED.— Except to the extent specifically provided by this section, this

4 section does not—

5 (A) apply to the United States Capitol Buildings and Grounds

6 as defined and described in sections 5101 and 5102, any other

7 buildings and grounds under the care of the Architect of the Capitol,

8 the Supreme Court Building and grounds as described in section

9 6101 of this title, and the Library of Congress buildings and

10 grounds as defined in section 11 of the Act of August 4, 1950 (2

11 U.S.C. 167j); and

12 (B) repeal, amend, alter, modify, or supersede—

13 (i) chapter 51 of this title, section 9, 9A, 9B, 9C or 14 of

14 the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), any other

15 general law of the United States, any law enacted by Congress

16 and applicable exclusively to the District of Columbia, or any

17 rule or regulation prescribed pursuant to any of those provi18 sions, that was in effect on January 1, 1975, and that per19 tained to those buildings and grounds; or

20 (ii) any authority which existed on December 24, 1973, with

21 respect to those buildings and grounds and was vested on Jan22 uary 1, 1975, in the Senate, the House of Representatives, Con23 gress, any committee, commission, or board of the Senate, the

24 House of Representatives, or Congress, the Architect of the Cap25 itol or any other officer of the legislative branch, the Chief Jus26 tice of the United States, the Marshal of the Supreme Court,

27 or the Librarian of Congress.

28 (2) CONTINUED APPLICATION OF LAWS, REGULATIONS, AND RULES.—

29 Except to the extent otherwise specifically provided in this section, all

30 general laws of the United States and all laws enacted by the Congress

31 and applicable exclusively to the District of Columbia, including regula32 tions and rules prescribed pursuant to any of those laws, that were in

33 effect on January 1, 1975, and which applied to and in the areas in34 cluded in the National Capital Service Area pursuant to this section con35 tinue to be applicable to and in the National Capital Service Area in

36 the same manner and to the same extent as if this section had not been

37 enacted and remain applicable until repealed, amended, altered, modi38 fied, or superseded.

39 (c) AVAILABILITY OF SERVICES AND FACILITIES.—As far as practicable,

40 any service or facility authorized by the District of Columbia Home Rule Act

41 (Public Law 93–198, 87 Stat. 774) to be rendered or furnished (including
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1 maintenance of streets and highways, and services under section 1537 of title

2 31) shall be made available to the Senate, the House of Representatives, Con3 gress, any committee, commission, or board of the Senate, the House of Rep4 resentatives, or Congress, the Architect of the Capitol, any other officer of the

5 legislative branch who on January 1, 1975, was vested with authority over

6 those buildings and grounds, the Chief Justice of the United States, the Mar7 shal of the Supreme Court, and the Librarian of Congress on their request.

8 If payment would be required for the rendition or furnishing of a similar

9 service or facility to any other federal agency, the recipient, on presentation

10 of proper vouchers and as agreed on by the parties, shall pay for the service

11 or facility in advance or by reimbursement.

12 (d) RIGHT TO PARTICIPATE IN ELECTION NOT AFFECTED BY RESI13 DENCY.—An individual may not be denied the right to vote or otherwise par14 ticipate in any manner in any election in the District of Columbia solely be15 cause the individual resides in the National Capital Service Area.

16 § 8502. National Capital Service Director

17 (a) ESTABLISHMENT AND COMPENSATION.—There is in the Executive Office

18 of the President the National Capital Service Director who shall be appointed

19 by the President. The Director shall receive compensation at the maximum

20 rate established for level IV of the Executive Schedule under section 5314 of

21 title 5.

22 (b) PERSONNEL.—The Director may appoint and fix the rate of compensa23 tion of necessary personnel, subject to chapters 33 and 51 and subchapter III

24 of chapter 53 of title 5.

25 (c) DUTIES.—

26 (1) PRESIDENT.—The President, through the Director and using Dis27 trict of Columbia governmental services to the extent practicable, shall

28 ensure that there is provided in the area described in section 8501(a) of

29 this title adequate fire protection and sanitation services.

30 (2) DIRECTOR.—Except with respect to that part of the National Cap31 ital Service Area comprising the United States Capitol Buildings and

32 Grounds as defined and described in sections 5101 and 5102, the Su33 preme Court Building and grounds as described in section 6101 of this

34 title, and the Library of Congress buildings and grounds as defined in

35 section 11 of the Act of August 4, 1950 (2 U.S.C. 167j), the Director shall

36 ensure that there is provided in the remainder of the area described in

37 section 8501(a) of this title adequate police protection and maintenance

38 of streets and highways.

39 CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL

40 CAPITAL REGION

SUBCHAPTER I—GENERAL

Sec.
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8701. Findings and purposes.

8702. Definitions.

SUBCHAPTER II—PLANNING AGENCIES

8711. National Capital Planning Commission.

8712. Mayor of the District of Columbia.

SUBCHAPTER III—PLANNING PROCESS

8721. Comprehensive plan for the National Capital.

8722. Proposed federal and district developments and projects.

8723. Capital improvements.

8724. Zoning regulations and maps.

8725. Recommendations on platting and subdividing land.

8726. Authorization of appropriations.

SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

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

8732. Acquiring land subject to limited rights reserved to grantor and limited permanent rights

in land adjoining park property.

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

8734. Sale of land by Mayor.

8735. Sale of land by Secretary of the Interior.

8736. Execution of deeds.

8737. Authorization of appropriations.

1 SUBCHAPTER I—GENERAL

2 § 8701. Findings and purposes

3 (a) FINDINGS.—Congress finds that—

4 (1) the location of the seat of government in the District of Columbia

5 has brought about the development of a metropolitan region extending

6 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 extent

11 and character of development;

12 (4) there is needed a central planning agency for the National Capital

13 region to coordinate certain developmental activities of the many dif14 ferent agencies of the Federal and District of Columbia Governments so

15 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 uni18 fied policies in planning both federal and local development in the inter19 est 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 local

22 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 legis25 lation.

26 (b) PURPOSES.—
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1 (1) IN GENERAL.—The purposes of this chapter (except sections 8733–

2 8736) are—

3 (A) to secure comprehensive planning for the physical develop4 ment of the National Capital and its environs;

5 (B) to provide for the participation of the appropriate planning

6 agencies of the environs in the planning; and

7 (C) to establish the agency and procedures requisite to the admin8 istration of the functions of the Federal and District Governments

9 related to the planning.

10 (2) OBJECTIVE.—The general objective of this chapter (except sections

11 8733–8736) is to enable appropriate agencies to plan for the development

12 of the federal establishment at the seat of government in a manner—

13 (A) consistent with the nature and function of the National Cap14 ital and with due regard for the rights and prerogatives of the ad15 joining States and local governments to exercise control appropriate

16 to their functions; and

17 (B) which will, in accordance with present and future needs, best

18 promote public health, safety, morals, order, convenience, prosperity,

19 and the general welfare, as well as efficiency and economy in the

20 process of development.

21 § 8702. Definitions

22 In this chapter—

23 (1) ENVIRONS.—The term ‘‘environs’’ means the territory surrounding

24 the District of Columbia included in the National Capital region.

25 (2) NATIONAL CAPITAL.—The term ‘‘National Capital’’ means the Dis26 trict of Columbia and territory the Federal Government owns in the en27 virons.

28 (3) NATIONAL CAPITAL REGION.—The term ‘‘National Capital region’’

29 means—

30 (A) the District of Columbia;

31 (B) Montgomery and Prince Georges Counties in Maryland;

32 (C) Arlington, Fairfax, Loudoun, and Prince William Counties

33 in Virginia; and

34 (D) all cities in Maryland or Virginia in the geographic area

35 bounded by the outer boundaries of the combined area of the coun36 ties listed in subparagraphs (B) and (C).

37 (4) PLANNING AGENCY.—The term ‘‘planning agency’’ means any city,

38 county, bi-county, part-county, or regional planning agency authorized

39 under state and local laws to make and adopt comprehensive plans.
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1 SUBCHAPTER II—PLANNING AGENCIES

2 § 8711. National Capital Planning Commission

3 (a) ESTABLISHMENT AND PURPOSE.—The National Capital Planning

4 Commission is the central federal planning agency for the Federal Govern5 ment in the National Capital, created to preserve the important historical

6 and natural features of the National Capital, except for the United States

7 Capitol Buildings and Grounds (as defined and described in sections 5101

8 and 5102), any extension of, or additions to, those Buildings and Grounds,

9 and buildings and grounds under the care of the Architect of the Capitol.

10 (b) COMPOSITION.—

11 (1) MEMBERSHIP.—The National Capital Planning Commission is

12 composed of—

13 (A) ex officio, the Secretary of the Interior, the Secretary of De14 fense, the Administrator of General Services, the Mayor of the Dis15 trict of Columbia, the Chairman of the Council of the District of

16 Columbia, the chairman of the Committee on Governmental Affairs

17 of the Senate, and the chairman of the Committee on Government

18 Reform of the House of Representatives, or an alternate any of those

19 individuals designates; and

20 (B) five citizens with experience in city or regional planning,

21 three of whom shall be appointed by the President and two of whom

22 shall be appointed by the Mayor.

23 (2) RESIDENCY REQUIREMENT.—The citizen members appointed by

24 the Mayor shall be residents of the District of Columbia. Of the three ap25 pointed by the President, at least one shall be a resident of Virginia and

26 at least one shall be a resident of Maryland.

27 (3) TERMS.—An individual appointed by the President serves for six

28 years. An individual appointed by the Mayor serves for four years. An

29 individual appointed to fill a vacancy shall be appointed only for the

30 unexpired term of the individual being replaced.

31 (4) PAY AND EXPENSES.—Citizen members are entitled to $100 a day

32 when performing duties vested in the Commission and to reimbursement

33 for necessary expenses incurred in performing those duties.

34 (c) CHAIRMAN AND OFFICERS.—The President shall designate the Chair35 man of the National Capital Planning Commission. The Commission may

36 elect from among its members other officers as it considers desirable.

37 (d) PERSONNEL.—The National Capital Planning Commission may em38 ploy a Director, an executive officer, and other technical and administrative

39 personnel as it considers necessary. Without regard to section 3709 of the Re40 vised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51, and sub41 chapter III of chapter 53, of title 5, the Commission may employ, by contract
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1 or otherwise, the temporary or intermittent (not more than one year) services

2 of city planners, architects, engineers, appraisers, and other experts or organi3 zations of experts, as may be necessary to carry out its functions. The Com4 mission shall fix the rate of compensation so as not to exceed the rate usual

5 for similar services.

6 (e) PRINCIPAL DUTIES.—The principal duties of the National Capital

7 Planning Commission include—

8 (1) preparing, adopting, and amending a comprehensive plan for the

9 federal activities in the National Capital and making related rec10 ommendations to the appropriate developmental agencies; and

11 (2) serving as the central planning agency for the Government within

12 the National Capital region and reviewing the development programs of

13 the developmental agencies to advise as to consistency with the com14 prehensive plan.

15 (f) TRANSFER OF OTHER FUNCTIONS, POWERS, AND DUTIES.—The Na16 tional Capital Planning Commission shall carry out all other functions, pow17 ers, and duties of the National Capital Park and Planning Commission, in18 cluding those formerly vested in the Highway Commission established by the

19 Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly vested in

20 the National Capital Park Commission by the Act of June 6, 1924 (ch. 270,

21 43 Stat. 463).

22 (g) ESTIMATE.—The National Capital Planning Commission shall submit

23 to the Office of Management and Budget before December 16 of each year its

24 estimate of the total amount to be appropriated for expenditure under this

25 chapter (except sections 8732–8736) during the next fiscal year.

26 (h) FEES.—The National Capital Planning Commission may charge fees

27 to cover the full cost of Geographic Information System products and services

28 the Commission supplies. The fees shall be credited to the applicable appro29 priation account as an offsetting collection and remain available until ex30 pended.

31 § 8712. Mayor of the District of Columbia

32 (a) PLANNING RESPONSIBILITIES.—The Mayor of the District of Columbia

33 is the central planning agency for the government of the District of Columbia

34 in the National Capital and is responsible for coordinating the planning ac35 tivities of the District government and for preparing and implementing the

36 District elements of the comprehensive plan for the National Capital, which

37 may include land use elements, urban renewal and redevelopment elements,

38 a multiyear program of public works for the District, and physical, social,

39 economic, transportation, and population elements. The Mayor’s planning re40 sponsibility shall not extend to—
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1 (1) federal or international projects and developments in the District,

2 as determined by the National Capital Planning Commission; or

3 (2) the United States Capitol Buildings and Grounds as defined and

4 described in sections 5101 and 5102, any extension of, or additions to,

5 those Buildings and Grounds, and buildings and grounds under the care

6 of the Architect of the Capitol.

7 (b) PARTICIPATION AND CONSULTATION.—In carrying out the responsibil8 ities under this section and section 8721 of this title, the Mayor shall establish

9 procedures for citizen participation in the planning process and for appro10 priate meaningful consultation with any state or local government or plan11 ning agency in the National Capital region affected by any aspect of a com12 prehensive plan, including amendments, affecting or relating to the District.

13 SUBCHAPTER III—PLANNING PROCESS

14 § 8721. Comprehensive plan for the National Capital

15 (a) PREPARATION AND ADOPTION BY COMMISSION.—The National Capital

16 Planning Commission shall prepare and adopt a comprehensive, consistent,

17 and coordinated plan for the National Capital. The plan shall include the

18 Commission’s recommendations or proposals for federal developments or

19 projects in the environs and District elements of the comprehensive plan, or

20 amendments to the elements, adopted by the Council of the District of Colum21 bia and with respect to which the Commission has not determined a negative

22 impact exists. Those elements or amendments shall be incorporated into the

23 comprehensive plan without change. The Commission may include in its plan

24 any part of a plan adopted by any planning agency in the environs and may

25 make recommendations of collateral interest to the agencies. The Commission

26 may adopt any part of an element. The Commission shall review and may

27 amend or extend the plan so that its recommendations may be kept up to

28 date.

29 (b) REVIEW BY DISTRICT OF COLUMBIA.—The Mayor of the District of Co30 lumbia shall submit each District element of the comprehensive plan, and any

31 amendment, to the Council for revision or modification, and adoption, by act,

32 following public hearings. Following adoption and prior to implementation,

33 the Council shall submit each element or amendment to the Commission for

34 review and comment with regard to the impact of the element or amendment

35 on the interests or functions of the federal establishment in the National Cap36 ital.

37 (c) COMMISSION RESPONSE TO COUNCIL ACTION.—

38 (1) PERIOD OF REVIEW.—Within 60 days after receiving an element

39 or amendment from the Council, the Commission shall certify to the

40 Council whether the element or amendment has a negative impact on the
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1 interests or functions of the federal establishment in the National Cap2 ital.

3 (2) NO NEGATIVE IMPACT.—If the Commission takes no action in the

4 60-day period, the element or amendment is deemed to have no negative

5 impact and shall be incorporated into the comprehensive plan for the

6 National Capital and implemented.

7 (3) NEGATIVE IMPACT.—

8 (A) CERTIFICATION TO COUNCIL.—If the Commission finds a neg9 ative impact, it shall certify its findings and recommendations to

10 the Council.

11 (B) RESPONSE OF COUNCIL.—On receipt of the Commission’s

12 findings and recommendations, the Council may—

13 (i) accept the findings and recommendations and modify the

14 element or amendment accordingly; or

15 (ii) reject the findings and recommendations and resubmit

16 a modified form of the element or amendment to the Commis17 sion for reconsideration.

18 (C) FINDINGS AND RECOMMENDATIONS ACCEPTED.—If the Coun19 cil accepts the findings and recommendations and modifies the ele20 ment or amendment, the Council shall submit the element or

21 amendment to the Commission for the Commission to determine

22 whether the modification has been made in accordance with the

23 Commission’s findings and recommendations. If the Commission

24 does not act on the modified element or amendment within 30 days

25 after receiving it, the element or amendment is deemed to have been

26 modified in accordance with the findings and recommendations and

27 shall be incorporated into the comprehensive plan for the National

28 Capital and implemented. If within the 30-day period the Commis29 sion again determines the element or amendment has a negative im30 pact on the functions or interests of the federal establishment in the

31 National Capital, the element or amendment shall not be imple32 mented.

33 (D) FINDINGS AND RECOMMENDATIONS REJECTED.—If the Coun34 cil rejects the findings and recommendations and resubmits a modi35 fied element or amendment, the Commission, within 60 days after

36 receiving it, shall decide whether the modified element or amend37 ment has a negative impact on the interests or functions of the fed38 eral establishment within the National Capital. If the Commission

39 does not act within the 60-day period, the modified element or

40 amendment is deemed to have no negative impact and shall be in41 corporated into the comprehensive plan and implemented. If the
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1 Commission finds a negative impact, it shall certify its findings (in

2 sufficient detail that the Council can understand the basis of the ob3 jection of the Commission) and recommendations to the Council and

4 the element or amendment shall not be implemented.

5 (d) RESUBMISSION DEEMED NEW ELEMENT OR AMENDMENT.—Any ele6 ment or amendment which the Commission has determined has a negative im7 pact on the federal establishment in the National Capital which is submitted

8 again in a modified form not less than one year from the day it was last

9 rejected by the Commission is deemed to be a new element or amendment for

10 purposes of the review procedure specified in this section.

11 (e) REVIEW, HEARINGS, AND CITIZEN ADVISORY COUNCILS.—

12 (1) REVIEW.—Before the comprehensive plan, any element of the plan,

13 or any revision is adopted, the Commission shall present the plan, ele14 ment, or revision to the appropriate federal or District of Columbia au15 thorities for comment and recommendations. The Commission may

16 present the proposed revisions annually in a consolidated form. Rec17 ommendations by federal and District of Columbia authorities are not

18 binding on the Commission, but the Commission shall give careful con19 sideration to any views and recommendations submitted prior to final

20 adoption.

21 (2) HEARINGS AND CITIZEN ADVISORY COUNCILS.—The Commission—

22 (A) may provide periodic opportunity for review and comments

23 by nongovernmental agencies or groups through public hearings,

24 meetings, or conferences, exhibitions, and publication of its plans;

25 and

26 (B) in consultation with the Council, may encourage the forma27 tion of citizen advisory councils.

28 (f) EXTENSION OF TIME LIMITATIONS.—On request of the Commission, the

29 Council may grant an extension of any time limitation contained in this sec30 tion.

31 (g) PUBLISHING COMPREHENSIVE PLAN.—As appropriate, the Commission

32 and the Mayor jointly shall publish a comprehensive plan for the National

33 Capital, consisting of the elements of the comprehensive plan for the federal

34 activities in the National Capital developed by the Commission and the Dis35 trict elements developed by the Mayor and the Council in accordance with this

36 section.

37 (h) PROCEDURES FOR CONSULTATION.—

38 (1) COMMISSION AND MAYOR.—The Commission and the Mayor jointly

39 shall establish procedures for appropriate meaningful continuing con40 sultation throughout the planning process for the National Capital.
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1 (2) GOVERNMENT AGENCIES.—In order that the National Capital may

2 be developed in accordance with the comprehensive plan, the Commis3 sion, with the consent of each agency concerned as to its representation,

4 may establish advisory and coordinating committees composed of rep5 resentatives of agencies of the Federal and District of Columbia Govern6 ments as may be necessary or helpful to obtain the maximum amount

7 of cooperation and correlation of effort among the various agencies. As

8 it considers appropriate, the Commission may invite representatives of

9 the planning and developmental agencies of the environs to participate

10 in the work of the committees.

11 § 8722. Proposed federal and district developments and

12 projects

13 (a) AGENCIES TO USE COMMISSION AS CENTRAL PLANNING AGENCY.—

14 Agencies of the Federal Government responsible for public developments and

15 projects shall cooperate and correlate their efforts by using the National Cap16 ital Planning Commission as the central planning agency for federal activi17 ties in the National Capital region. To aid the Commission in carrying out

18 this function, federal and District of Columbia governmental agencies on re19 quest of the Commission shall furnish plans, data, and records the Commis20 sion requires. The Commission on request shall furnish related plans, data,

21 and records to federal and District of Columbia governmental agencies.

22 (b) CONSULTATION BETWEEN AGENCIES AND COMMISSION.—

23 (1) BEFORE CONSTRUCTION PLANS PREPARED.—To ensure the com24 prehensive planning and orderly development of the National Capital, a

25 federal or District of Columbia agency, before preparing construction

26 plans the agency originates for proposed developments and projects or be27 fore making a commitment to acquire land, to be paid for at least in

28 part from federal or District amounts, shall advise and consult with the

29 Commission as the agency prepares plans and programs in preliminary

30 and successive stages that affect the plan and development of the Na31 tional Capital. After receiving the plans, maps, and data, the Commis32 sion promptly shall make a preliminary report and recommendations to

33 the agency. If the agency, after considering the report and recommenda34 tions of the Commission, does not agree, it shall advise the Commission

35 and provide the reasons why it does not agree. The Commission then

36 shall submit a final report. After consultation and suitable consideration

37 of the views of the Commission, the agency may proceed to take action

38 in accordance with its legal responsibilities and authority.

39 (2) EXCEPTIONS.—

40 (A) IN GENERAL.—Paragraph (1) does not apply to projects

41 within the Capitol grounds or to structures erected by the Depart-
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1 ment of Defense during wartime or national emergency within ex2 isting military, naval, or Air Force reservations, except that the ap3 propriate defense agency shall consult with the Commission as to

4 any developments which materially affect traffic or require coordi5 nated planning of the surrounding area.

6 (B) ADVANCE DECISIONS OF COMMISSION.—The Commission shall

7 determine in advance the type or kinds of plans, developments,

8 projects, improvements, or acquisitions which do not need to be sub9 mitted for review by the Commission as to conformity with its

10 plans.

11 (c) ADDITIONAL PROCEDURE FOR DEVELOPMENTS AND PROJECTS WITHIN

12 ENVIRONS.—

13 (1) SUBMISSION TO COMMISSION.—Within the environs, general plans

14 showing the location, character, and extent of, and intensity of use for,

15 proposed federal and District developments and projects involving the ac16 quisition of land shall be submitted to the Commission for report and

17 recommendations before a final commitment to the acquisition is made,

18 unless the matter specifically has been approved by law.

19 (2) COMMISSION ACTION.—Before acting on any general plan, the

20 Commission shall advise and consult with the appropriate planning

21 agency having jurisdiction over the affected part of the environs. When

22 the Commission decides that proposed developments or projects submitted

23 to the Commission under subsection (b) involve a major change in the

24 character or intensity of an existing use in the environs, the Commission

25 shall advise and consult with the planning agency. The report and rec26 ommendations shall be submitted within 60 days and shall be accom27 panied by any reports or recommendations of the planning agency.

28 (3) WORKING WITH STATE OR LOCAL AUTHORITY OR AGENCY.—In car29 rying out its planning functions with respect to federal developments or

30 projects in the environs, the Commission may work with, and make

31 agreements with, any state or local authority or planning agency as the

32 Commission considers necessary to have a plan or proposal adopted and

33 carried out.

34 (d) APPROVAL OF FEDERAL PUBLIC BUILDINGS.—The provisions of the Act

35 of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to federal public

36 buildings. In order to ensure the orderly development of the National Capital,

37 the location, height, bulk, number of stories, and size of federal public build38 ings in the District of Columbia and the provision for open space in and

39 around federal public buildings in the District of Columbia is subject to the

40 approval of the Commission.
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1 (e) APPROVAL OF DISTRICT GOVERNMENT BUILDINGS IN CENTRAL AREA.—

2 Subsection (d) is extended to include public buildings erected by any agency

3 of the Government of the District of Columbia in the central area of the Dis4 trict (as defined by concurrent action of the Commission and the Council of

5 the District of Columbia), except that the Commission shall transmit its ap6 proval or disapproval within 30 days after the day the proposal was sub7 mitted to the Commission.

8 § 8723. Capital improvements

9 (a) SIX-YEAR PROGRAM OF PUBLIC WORKS PROJECTS.—The National

10 Capital Planning Commission shall recommend a six-year program of public

11 works projects for the Federal Government which the Commission shall review

12 annually with the agencies concerned. Each federal agency shall submit to the

13 Commission in the first quarter of each fiscal year a copy of its advance pro14 gram of capital improvements within the National Capital and its environs.

15 (b) SUBMISSION OF MULTIYEAR CAPITAL IMPROVEMENT PLAN.—By Feb16 ruary 1 of each year, the Mayor of the District of Columbia shall submit to

17 the Commission a copy of the multiyear capital improvements plan for the

18 District of Columbia that the Mayor develops under section 444 of the District

19 of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 800). The Com20 mission has 30 days in which to comment on the plan but may not change

21 or disapprove of the plan.

22 § 8724. Zoning regulations and maps

23 (a) AMENDMENTS OF ZONING REGULATIONS AND MAPS.—The National

24 Capital Planning Commission may make a report and recommendation to the

25 Zoning Commission of the District of Columbia, as provided in section 5 of

26 the Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation, conformity,

27 or consistency of proposed amendments of the zoning regulations and maps

28 with the comprehensive plan for the National Capital. The Planning Commis29 sion may also submit to the Zoning Commission proposed amendments or

30 general revisions to the zoning regulations or the zoning map for the District

31 of Columbia.

32 (b) ADDITIONAL REPORT BY PLANNING COMMISSION.—When requested by

33 an authorized representative of the Planning Commission, the Zoning Com34 mission may recess for a reasonable period of time any public hearing it is

35 holding to consider a proposed amendment to the zoning regulations or map

36 so that the Planning Commission may have an opportunity to present to the

37 Zoning Commission an additional report on the proposed amendment.

38 (c) ZONING COMMITTEE OF NATIONAL CAPITAL PLANNING COMMISSION.—

39 (1) ESTABLISHMENT AND COMPOSITION.—There is a Zoning Com40 mittee of the National Capital Planning Commission. The Committee

41 consists of at least three members of the Planning Commission the Plan-
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1 ning Commission designates for that purpose. The number of members

2 serving on the Committee may vary.

3 (2) DUTIES.—The Committee shall carry out the functions vested in

4 the Planning Commission under this section and section 8725 of this

5 title—

6 (A) to the extent the Planning Commission decides; and

7 (B) when requested by the Zoning Commission and approved by

8 the Planning Commission.

9 § 8725. Recommendations on platting and subdividing land

10 (a) BY COUNCIL OF THE DISTRICT OF COLUMBIA.—The Council of the Dis11 trict of Columbia shall submit any proposed change in, or addition to, the

12 regulations or general orders regulating the platting and subdividing of lands

13 and grounds in the District of Columbia to the National Capital Planning

14 Commission for report and recommendation before the Council adopts the

15 change or addition. The Council shall advise the Commission when it does

16 not agree with the recommendations of the Commission and shall give the rea17 sons why it disagrees. The Commission then shall submit a final report with18 in 30 days. After considering the final report, the Council may act in accord19 ance with its legal responsibilities and authority.

20 (b) BY PLANNING COMMISSION.—The Commission shall submit to the

21 Council any proposed change in, or amendment to, the general orders that

22 the Commission considers appropriate. The Council shall treat the amend23 ments proposed in the same manner as other proposed amendments.

24 § 8726. Authorization of appropriations

25 Amounts necessary to carry out this subchapter may be appropriated from

26 money in the Treasury not otherwise appropriated and from any appropriate

27 appropriation law, except the annual District of Columbia Appropriation

28 Act.

29 SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND

30 § 8731. Acquiring land for park, parkway, or playground

31 purposes

32 (a) AUTHORITY TO ACQUIRE LAND.—The National Capitol Planning Com33 mission shall acquire land the Planning Commission believes is necessary and

34 desirable in the District of Columbia and adjacent areas in Maryland and

35 Virginia for suitable development of the National Capital park, parkway, and

36 playground system. The acquisition must be within the limits of the appro37 priations made for those purposes. The Planning Commission shall request the

38 advice of the Commission of Fine Arts in selecting land to be acquired.

39 (b) HOW LAND MAY BE ACQUIRED.—

40 (1) PURCHASE OR CONDEMNATION PROCEEDING.—The National Cap41 ital Planning Commission may buy land when the land can be acquired
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1 at a price the Planning Commission considers reasonable or by a con2 demnation proceeding when the land cannot be bought at a reasonable

3 price.

4 (2) LAND IN THE DISTRICT OF COLUMBIA.—A condemnation pro5 ceeding to acquire land in the District of Columbia shall be conducted

6 in accordance with section 1 of the Act of December 23, 1963 (Public

7 Law 88–241, 77 Stat. 571).

8 (3) LAND IN MARYLAND OR VIRGINIA.—The Planning Commission

9 may acquire land in Maryland or Virginia under arrangements agreed

10 to by the Commission and the proper officials of Maryland or Virginia.

11 (c) CONTROL OF LAND.—

12 (1) LAND IN THE DISTRICT OF COLUMBIA.—Land acquired in the Dis13 trict of Columbia shall be a part of the park system of the District of

14 Columbia and be under the control of the Director of the National Park

15 Service. The National Capital Planning Commission may assign areas

16 suitable for playground purposes to the control of the Mayor of the Dis17 trict of Columbia for playground purposes.

18 (2) LAND IN MARYLAND OR VIRGINIA.—Land acquired in Maryland or

19 Virginia shall be controlled as determined by agreement between the

20 Planning Commission and the proper officials of Maryland or Virginia.

21 (d) PRESIDENTIAL APPROVAL REQUIRED.—The designation of all land to

22 be acquired by condemnation, all contracts to purchase land, and all agree23 ments between the National Capital Planning Commission and the officials

24 of Maryland and Virginia are subject to the approval of the President.

25 § 8732. Acquiring land subject to limited rights reserved to

26 grantor and limited permanent rights in land ad27 joining park property

28 (a) IN GENERAL.—The National Capital Planning Commission in accord29 ance with this chapter may acquire, for and on behalf of the Federal Govern30 ment, by gift, devise, purchase, or condemnation—

31 (1) fee title to land subject to limited rights, but not for business pur32 poses, reserved to the grantor; and

33 (2) permanent rights in land adjoining park property sufficient to

34 prevent the use of the land in certain specified ways which would essen35 tially impair the value of the park property for its purposes.

36 (b) PREREQUISITES TO ACQUISITION.—

37 (1) FEE TITLE TO LAND SUBJECT TO LIMITED RIGHTS.—The reserva38 tion of rights to the grantor shall not continue beyond the life of the

39 grantor of the fee. The Commission must decide that the permanent pub40 lic park purposes for which control over the land is needed are not essen41 tially impaired by the reserved rights and that there is a substantial sav-
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1 ing in cost by acquiring the land subject to the limited rights as com2 pared with the cost of acquiring unencumbered title to the land.

3 (2) PERMANENT RIGHTS IN LAND ADJOINING PARK PROPERTY.—The

4 Commission must decide that the protection and maintenance of the es5 sential public values of the park can be secured more economically by

6 acquiring the permanent rights than by acquiring the land.

7 (c) PRESIDENTIAL APPROVAL REQUIRED.—All contracts to acquire land or

8 rights under this section are subject to the approval of the President.

9 § 8733. Lease of land acquired for park, parkway, or play10 ground purposes

11 The Secretary of the Interior may lease, for not more than five years, land

12 or an existing building or structure on land acquired for park, parkway, or

13 playground purposes, and may renew the lease for an additional five years.

14 A lease or renewal under this section is—

15 (1) subject to the approval of the National Capital Planning Commis16 sion;

17 (2) subject to the need for the immediate use of the land, building, or

18 structure in other ways by the public; and

19 (3) on terms the Administrator decides.

20 § 8734. Sale of land by Mayor

21 (a) AUTHORITY TO SELL.—With the approval of the National Capital

22 Planning Commission, the Mayor of the District of Columbia, for the best in23 terests of the District of Columbia, may sell to the highest bidder at public

24 or private sale real estate in the District of Columbia owned in fee simple

25 by the District of Columbia for municipal use that the Council of the District

26 of Columbia and the Commission find to be no longer required for public pur27 poses.

28 (b) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Mayor—

29 (1) may pay the reasonable and necessary expenses of the sale of each

30 parcel of land sold; and

31 (2) shall deposit the net proceeds of each sale in the Treasury to the

32 credit of the District of Columbia.

33 § 8735. Sale of land by Secretary of the Interior

34 (a) AUTHORITY TO SELL.—With the approval of the National Capital

35 Planning Commission, the Secretary of the Interior, for the best interests of

36 the Federal Government, may sell, by deed or instrument, real estate held by

37 the Government in the District of Columbia and under the jurisdiction of the

38 National Park Service which may be no longer needed for public purposes.

39 The land may be sold for cash or on a deferred-payment plan the Secretary

40 approves, at a price not less than the Government paid for it and not less

41 than its present appraised value as determined by the Secretary.
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1 (b) SALE TO HIGHEST BIDDER.—In selling any parcel of land under this

2 section, the Secretary shall have public or private solicitation for bids or of3 fers be made as the Secretary considers appropriate. The Secretary shall sell

4 the parcel to the party agreeing to pay the highest price if the price is other5 wise satisfactory. If the price offered or bid by the owner of land abutting

6 the land to be sold equals the highest price offered or bid by any other party,

7 the parcel may be sold to the owner of the abutting land.

8 (c) PAYING EXPENSES AND DEPOSITING PROCEEDS.—The Secretary—

9 (1) may pay the reasonable and necessary expenses of the sale of each

10 parcel of land sold; and

11 (2) shall deposit the net proceeds of each sale in the Treasury to the

12 credit of the Government and the District of Columbia in the proportion

13 that each—

14 (A) paid the appropriations used to acquire the parcels; or

15 (B) was obligated to pay the appropriations, at the time of acqui16 sition, by reimbursement.

17 § 8736. Execution of deeds

18 The Mayor of the District of Columbia may execute deeds of conveyance

19 for real estate sold under this subchapter. The deeds shall contain a full de20 scription of the land sold as required by law.

21 § 8737. Authorization of appropriations

22 An amount equal to not more than one cent for each inhabitant of the con23 tinental United States as determined by the last preceding decennial census

24 may be appropriated each year in the District of Columbia Appropriation

25 Act for the National Capital Planning Commission to use for the payment

26 of its expenses and for the acquisition of land the Commission may acquire

27 under section 8731 of this title for the purposes named, including compensa28 tion for the land, surveys, ascertainment of title, condemnation proceedings,

29 and necessary conveyancing. The appropriated amounts shall be paid from

30 the revenues of the District of Columbia and the general amounts of the Treas31 ury in the same proportion as other expenses of the District of Columbia.

32 CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND

33 COMMEMORATIVE WORKS

Sec.

8901. Purposes.

8902. Definitions and nonapplication.

8903. Congressional authorization of commemorative works.

8904. National Capital Memorial Commission.

8905. Site and design approval.

8906. Criteria for issuance of construction permit.

8907. Temporary site designation.

8908. Areas I and II.

8909. Administrative.

34 § 8901. Purposes

35 The purposes of this chapter are—
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1 (1) to preserve the integrity of the comprehensive design of the

2 L’Enfant and McMillan plans for the Nation’s Capital;

3 (2) to ensure the continued public use and enjoyment of open space

4 in the District of Columbia;

5 (3) to preserve, protect and maintain the limited amount of open

6 space available to residents of, and visitors to, the Nation’s Capital; and

7 (4) to ensure that future commemorative works in areas administered

8 by the National Park Service and the Administrator of General Services

9 in the District of Columbia and its environs—

10 (A) are appropriately designed, constructed, and located; and

11 (B) reflect a consensus of the lasting national significance of the

12 subjects involved.

13 § 8902. Definitions and nonapplication

14 (a) DEFINITIONS.—In this chapter, the following definitions apply:

15 (1) COMMEMORATIVE WORK.—The term ‘‘commemorative work’’—

16 (A) means any statue, monument, sculpture, memorial, plaque,

17 inscription, or other structure or landscape feature, including a gar18 den or memorial grove, designed to perpetuate in a permanent man19 ner the memory of an individual, group, event or other significant

20 element of American history; but

21 (B) does not include an item described in subclause (A) that is

22 located within the interior of a structure or a structure which is

23 primarily used for other purposes.

24 (2) PERSON.—The term ‘‘person’’ means—

25 (A) a public agency; and

26 (B) an individual, group or organization—

27 (i) described in section 501(c)(3) of the Internal Revenue

28 Code of 1986 (26 U.S.C. 501(c)(3)) and exempt from tax under

29 section 501(a) of the Code (26 U.S.C. 501(a)); and

30 (ii) authorized by Congress to establish a commemorative

31 work in the District of Columbia and its environs.

32 (3) THE DISTRICT OF COLUMBIA AND ITS ENVIRONS.—The term ‘‘the

33 District of Columbia and its environs’’ means land and property located

34 in Areas I and II as depicted on the map numbered 869/86501, and

35 dated May 1, 1986, that the National Park Service and the Adminis36 trator of General Services administer.

37 (b) NONAPPLICATION.—This chapter does not apply to commemorative

38 works authorized by a law enacted before January 3, 1985.

39 § 8903. Congressional authorization of commemorative works

40 (a) IN GENERAL.—Commemorative works—
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1 (1) may be established on federal lands referred to in section 8901(4)

2 of this title only as specifically authorized by law; and

3 (2) are subject to applicable provisions of this chapter.

4 (b) MILITARY COMMEMORATIVE WORKS.—A military commemorative work

5 may be authorized only to commemorate a war or similar major military

6 conflict or a branch of the armed forces. A commemorative work commemo7 rating a lesser conflict or a unit of an armed force may not be authorized.

8 Commemorative works to a war or similar major military conflict may not

9 be authorized until at least 10 years after the officially designated end of the

10 event.

11 (c) WORKS COMMEMORATING EVENTS, INDIVIDUALS, OR GROUPS.—A com12 memorative work commemorating an event, individual, or group of individ13 uals, except a military commemorative work as described in subsection (b),

14 may not be authorized until after the 25th anniversary of the event, death

15 of the individual, or death of the last surviving member of the group.

16 (d) CONSULTATION WITH NATIONAL CAPITAL MEMORIAL COMMISSION.—In

17 considering legislation authorizing commemorative works in the District of

18 Columbia and its environs, the Committee on House Administration of the

19 House of Representatives and the Committee on Energy and Natural Re20 sources of the Senate shall solicit the views of the National Capital Memorial

21 Commission.

22 (e) EXPIRATION OF LEGISLATIVE AUTHORITY.—Legislative authority for a

23 commemorative work expires at the end of the seven-year period beginning on

24 the date the authority is enacted unless the Secretary of the Interior or Ad25 ministrator of General Services, as appropriate, has issued a construction

26 permit for the commemorative work during that period.

27 § 8904. National Capital Memorial Commission

28 (a) ESTABLISHMENT AND COMPOSITION.—There is a National Capital Me29 morial Commission. The membership of the Commission consists of—

30 (1) the Director of the National Park Service;

31 (2) the Architect of the Capitol;

32 (3) the Chairman of the American Battle Monuments Commission;

33 (4) the Chairman of the Commission of Fine Arts;

34 (5) the Chairman of the National Capital Planning Commission;

35 (6) the Mayor of the District of Columbia;

36 (7) the Commissioner of the Public Buildings Service of the General

37 Services Administration; and

38 (8) the Secretary of Defense.

39 (b) CHAIRMAN.—The Director is the Chairman of the National Capital Me40 morial Commission.
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1 (c) ADVISORY ROLE.—The National Capital Memorial Commission shall

2 advise the Secretary of the Interior and the Administrator of General Services

3 on policy and procedures for establishment of, and proposals to establish, com4 memorative works in the District of Columbia and its environs and on other

5 matters concerning commemorative works in the Nation’s Capital as the Com6 mission considers appropriate.

7 (d) MEETINGS.—The National Capital Memorial Commission shall meet at

8 least twice annually.

9 § 8905. Site and design approval

10 (a) CONSULTATION ON, AND SUBMISSION OF, PROPOSALS.—A person au11 thorized by law to establish a commemorative work in the District of Colum12 bia and its environs may request a permit for construction of the commemo13 rative work only after the following requirements are met:

14 (1) CONSULTATION.—The person must consult with the National Cap15 ital Memorial Commission regarding the selection of alternative sites and

16 designs for the commemorative work.

17 (2) SUBMITTAL.—Following consultation in accordance with clause

18 (1), the Secretary of the Interior or the Administrator of General Serv19 ices, as appropriate, must submit, on behalf of the person, site and de20 sign proposals to the Commission of Fine Arts and the National Capital

21 Planning Commission for their approval.

22 (b) DECISION CRITERIA.—In considering site and design proposals, the

23 Commission of Fine Arts, National Capital Planning Commission, Secretary,

24 and Administrator shall be guided by, but not limited by, the following cri25 teria:

26 (1) SURROUNDINGS.—To the maximum extent possible, a commemora27 tive work shall be located in surroundings that are relevant to the subject

28 of the work.

29 (2) LOCATION.—A commemorative work shall be located so that—

30 (A) it does not interfere with, or encroach on, an existing com31 memorative work; and

32 (B) to the maximum extent practicable, it protects open space

33 and existing public use.

34 (3) MATERIAL.—A commemorative work shall be constructed of dura35 ble material suitable to the outdoor environment.

36 (4) LANDSCAPE FEATURES.—Landscape features of commemorative

37 works shall be compatible with the climate.

38 § 8906. Criteria for issuance of construction permit

39 (a) CRITERIA FOR ISSUING PERMIT.—Before issuing a permit for the con40 struction of a commemorative work in the District of Columbia and its envi-
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1 rons, the Secretary of the Interior or Administrator of General Services, as

2 appropriate, shall determine that—

3 (1) the site and design have been approved by the Secretary or Admin4 istrator, the National Capital Planning Commission and the Commis5 sion of Fine Arts;

6 (2) knowledgeable individuals qualified in the field of preservation and

7 maintenance have been consulted to determine structural soundness and

8 durability of the commemorative work and to ensure that the commemo9 rative work meets high professional standards;

10 (3) the person authorized to construct the commemorative work has

11 submitted contract documents for construction of the commemorative

12 work to the Secretary or Administrator; and

13 (4) the person authorized to construct the commemorative work has

14 available sufficient amounts to complete construction of the project.

15 (b) DONATION FOR PERPETUAL MAINTENANCE AND PRESERVATION.—

16 (1) AMOUNT.—In addition to the criteria described in subsection (a),

17 a construction permit may not be issued unless the person authorized to

18 construct the commemorative work has donated an amount equal to 10

19 percent of the total estimated cost of construction to offset the costs of

20 perpetual maintenance and preservation of the commemorative work. The

21 amounts shall be credited to a separate account in the Treasury.

22 (2) AVAILABILITY.—The Secretary of the Treasury shall make any

23 part of the donated amount available to the Secretary of the Interior or

24 Administrator for maintenance at the request of the Secretary of the In25 terior or Administrator. The Secretary of the Interior or Administrator

26 shall not request more from the separate account than the total amount

27 deposited by persons establishing commemorative works in areas the Sec28 retary of the Interior or Administrator administers.

29 (3) INVENTORY OF AVAILABLE AMOUNTS.—The Secretary of the Inte30 rior and Administrator shall maintain an inventory of amounts avail31 able under this subsection. The amounts are not subject to annual appro32 priations.

33 (4) NONAPPLICABILITY.—This subsection does not apply when a de34 partment or agency of the Federal Government constructs the work and

35 less than 50 percent of the funding for the work is provided by private

36 sources.

37 (c) SUSPENSION FOR MISREPRESENTATION IN FUNDRAISING.—The Sec38 retary of the Interior or Administrator may suspend any activity under this

39 chapter that relates to the establishment of a commemorative work if the Sec40 retary or Administrator determines that fundraising efforts relating to the
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1 work have misrepresented an affiliation with the work or the Federal Govern2 ment.

3 (d) ANNUAL REPORT.—The person authorized to construct a commemora4 tive work under this chapter must submit to the Secretary of the Interior or

5 Administrator an annual report of operations, including financial statements

6 audited by an independent certified public accountant. The person shall pay

7 for the report.

8 § 8907. Temporary site designation

9 (a) CRITERION FOR DESIGNATION.—If the Secretary of the Interior, in con10 sultation with the National Capital Memorial Commission, determines that

11 a site where commemorative works may be displayed on a temporary basis

12 is necessary to aid in the preservation of the limited amount of open space

13 available to residents of, and visitors to, the Nation’s Capital, a site may be

14 designated on land the Secretary administers in the District of Columbia.

15 (b) PLAN.—A designation may be made under subsection (a) only if, at

16 least 120 days before the designation, the Secretary, in consultation with the

17 Commission, prepares and submits to Congress a plan for the site. The plan

18 shall include specifications for the location, construction, and administration

19 of the site and criteria for displaying commemorative works at the site.

20 (c) RISK AND AGREEMENT TO INDEMNIFY.—A commemorative work dis21 played at the site shall be installed, maintained, and removed at the sole ex22 pense and risk of the person authorized to display the work. The person shall

23 agree to indemnify the United States for any liability arising from the dis24 play of the commemorative work under this section.

25 § 8908. Areas I and II

26 (a) AVAILABILITY OF MAP.—The Secretary of the Interior and Adminis27 trator of General Services shall make available, for public inspection at ap28 propriate offices of the National Park Service and the General Services Ad29 ministration, the map numbered 869/86501, and dated May 1, 1986.

30 (b) SPECIFIC CONDITIONS APPLICABLE TO AREA I AND AREA II.—

31 (1) AREA I.—After seeking the advice of the National Capital Memo32 rial Commission, the Secretary or Administrator, as appropriate, may

33 recommend the location of a commemorative work in Area I only if the

34 Secretary or Administrator decides that the subject of the commemorative

35 work is of preeminent historical and lasting significance to the United

36 States. The Secretary or Administrator shall notify the Commission, the

37 Committee on House Administration of the House of Representatives,

38 and the Committee on Energy and Natural Resources of the Senate of

39 the recommendation that a commemorative work should be located in

40 Area I. The location of a commemorative work in Area I is deemed to
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1 be authorized only if the recommendation is approved by law not later

2 than 150 calendar days after the notification.

3 (2) AREA II.—Commemorative works of subjects of lasting historical

4 significance to the American people may be located in Area II.

5 § 8909. Administrative

6 (a) MAINTENANCE OF DOCUMENTATION OF DESIGN AND CONSTRUCTION.—

7 Complete documentation of design and construction of each commemorative

8 work located in the District of Columbia and its environs shall be provided

9 to the Secretary of the Interior or Administrator of General Services, as ap10 propriate, and shall be permanently maintained in the manner provided by

11 law.

12 (b) RESPONSIBILITY FOR MAINTENANCE OF COMPLETED WORK.—On com13 pletion of any commemorative work in the District of Columbia and its envi14 rons, the Secretary or Administrator, as appropriate, shall assume responsi15 bility for maintaining the work.

16 (c) REGULATIONS OR STANDARDS.—The Secretary and Administrator shall

17 prescribe appropriate regulations or standards to carry out this chapter.

18 CHAPTER 91—COMMISSION OF FINE ARTS

Sec.

9101. Establishment, composition, and vacancies.

9102. Duties.

9103. Personnel.

9104. Authorization of appropriations.

19 § 9101. Establishment, composition, and vacancies

20 (a) ESTABLISHMENT.—There is a Commission of Fine Arts.

21 (b) COMPOSITION.—The Commission is composed of seven well-qualified

22 judges of the fine arts, appointed by the President, who serve for four years

23 each or until their successors are appointed and qualified.

24 (c) VACANCIES.—The President shall fill vacancies on the Commission.

25 (d) EXPENSES.—Members of the Commission shall be paid actual expenses

26 in traveling to and from the District of Columbia to attend Commission meet27 ings and while attending those meetings.

28 § 9102. Duties

29 (a) IN GENERAL.—The Commission of Fine Arts shall advise on—

30 (1) the location of statues, fountains, and monuments in the public

31 squares, streets, and parks in the District of Columbia;

32 (2) the selection of models for statues, fountains, and monuments erect33 ed under the authority of the Federal Government;

34 (3) the selection of artists to carry out clause (2); and

35 (4) questions of art generally when required to do so by the President

36 or a committee of Congress.
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1 (b) DUTY TO REQUEST ADVICE.—The officers required to decide the ques2 tions described in subsection (a)(1)–(3) shall request the Commission to pro3 vide the advice.

4 (c) NONAPPLICATION.—This section does not apply to the Capitol Building

5 and the Library of Congress buildings.

6 § 9103. Personnel

7 The Commission of Fine Arts has a secretary and other assistance the Com8 mission authorizes. The secretary is the executive officer of the Commission.

9 § 9104. Authorization of appropriations

10 Necessary amounts may be appropriated to carry out this chapter.

11 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.

12 § 9301. Maintenance and administration

13 The Director of the National Park Service shall maintain and administer

14 Theodore Roosevelt Island as a natural park for the recreation and enjoyment

15 of the public.

16 § 9302. Consent of Theodore Roosevelt Association required

17 for development

18 (a) GENERAL PLAN FOR DEVELOPMENT.—The Theodore Roosevelt Associa19 tion must approve every general plan for the development of Theodore Roo20 sevelt Island.

21 (b) DEVELOPMENT INCONSISTENT WITH PLAN.—As long as the Association

22 remains in existence, development inconsistent with the general plan may not

23 be carried out without the Association’s consent.

24 § 9303. Access to Theodore Roosevelt Island

25 Subject to the approval of the National Capital Planning Commission and

26 the availability of appropriations, the Director of the National Park Service

27 may provide suitable means of access to and on Theodore Roosevelt Island.

28 § 9304. Source of appropriations

29 The appropriations needed for construction of suitable means of access to

30 and on Theodore Roosevelt Island and annually for the care, maintenance,

31 and improvement of the land and improvements may be made from amounts

32 not otherwise appropriated from the Treasury.

33 CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER

34 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.
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9506. Civil penalty.

9507. Control of expenditures.

1 § 9501. Chief of Engineers

2 (a) SUPERINTENDENCE DUTIES.—

3 (1) WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS AND IM4 PROVEMENTS IN THE DISTRICT OF COLUMBIA.—The Chief of Engineers

5 has the immediate superintendence of—

6 (A) the Washington Aqueduct, together with all rights, appur7 tenances, and fixtures connected with the Aqueduct and belonging

8 to the Federal Government; and

9 (B) all other public works and improvements in the District of

10 Columbia in which the Government has an interest and which are

11 not otherwise specially provided for by law.

12 (2) OBEYING REGULATIONS.—In carrying out paragraph (1), the Chief

13 of Engineers shall obey regulations the President prescribes, through the

14 Secretary of the Army.

15 (b) NO INCREASE IN COMPENSATION.—The Chief of Engineers shall not re16 ceive additional compensation for the services required under this chapter.

17 (c) OFFICE.—The Chief of Engineers shall be furnished an office in one of

18 the public buildings in the District of Columbia, as the Administrator of Gen19 eral Services directs, and shall be supplied by the Federal Government with

20 stationery, instruments, books, and furniture which may be required for the

21 performance of the duties of the Chief of Engineers.

22 § 9502. Authority of Chief of Engineers

23 (a) IN GENERAL.—The Chief of Engineers and necessary assistants may

24 use all lawful means to carry out their duties.

25 (b) SUPPLY OF WATER IN DISTRICT OF COLUMBIA.—

26 (1) PROVIDING WATER.—The Chief of Engineers has complete control

27 over the Washington Aqueduct to regulate the manner in which the au28 thorities of the District of Columbia may tap the supply of water to the

29 inhabitants of the District of Columbia.

30 (2) STOPPAGE OF WATER FLOW.—The Chief of Engineers shall stop the

31 authorities of the District of Columbia from tapping the supply of water

32 when the supply is no more than adequate to the wants of the public

33 buildings and grounds.

34 (3) APPEAL OF DECISION.—The decision of the Chief of Engineers on

35 all questions concerning the supply of water under this subsection may

36 be appealed only to the Secretary of the Army.

37 § 9503. Record of property

38 The Chief of Engineers shall keep in the office a complete record of all land

39 and other property connected with or belonging to the Washington Aqueduct

40 and other public works under the charge of the Chief of Engineers, together
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1 with accurate plans and surveys of the public grounds and reservations in

2 the District of Columbia.

3 § 9504. Reports

4 As superintendent of the Washington Aqueduct, the Chief of Engineers an5 nually shall submit to the Secretary of the Army, within nine months after

6 the end of the fiscal year, a report of the Chief of Engineers’ operations for

7 that year and a report of the condition, progress, repairs, casualties, and ex8 penditures of the Washington Aqueduct and other public works under the

9 charge of the Chief of Engineers.

10 § 9505. Paying for main pipes

11 (a) FEDERAL GOVERNMENT.—The Federal Government shall only pay for

12 the number of main pipes of the Washington Aqueduct needed to furnish pub13 lic buildings, offices, and grounds with the necessary supply of water.

14 (b) DISTRICT OF COLUMBIA.—The District of Columbia shall pay the cost

15 of any main pipe of the Washington Aqueduct which supplies water to the

16 inhabitants of the District of Columbia, in the manner provided by law.

17 § 9506. Civil penalty

18 A person that, without the consent of the Chief of Engineers, taps or opens

19 the mains or pipes laid by the Federal Government is liable to the Govern20 ment for a civil penalty of at least $50 and not more than $500.

21 § 9507. Control of expenditures

22 Unless expressly provided for by law, the Secretary of the Army shall direct

23 the expenditure of amounts appropriated for the Washington Aqueduct and

24 for other public works in the District of Columbia.

25 SUBTITLE III—INFORMATION TECHNOLOGY

26 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

27 CHAPTER 111—GENERAL

Sec.

11101. Definitions.

11102. Sense of Congress.

11103. Applicability to national security systems.

28 § 11101. Definitions

29 In this subtitle, the following definitions apply:

30 (1) COMMERCIAL ITEM.—The term ‘‘commercial item’’ has the mean31 ing given that term in section 4 of the Office of Federal Procurement

32 Policy Act (41 U.S.C. 403).

33 (2) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ has the mean34 ing given that term in section 4 of the Act (41 U.S.C. 403).
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1 (3) INFORMATION RESOURCES.—The term ‘‘information resources’’ has

2 the meaning given that term in section 3502 of title 44.

3 (4) INFORMATION RESOURCES MANAGEMENT.—The term ‘‘information

4 resources management’’ has the meaning given that term in section 3502

5 of title 44.

6 (5) INFORMATION SYSTEM.—The term ‘‘information system’’ has the

7 meaning given that term in section 3502 of title 44.

8 (6) INFORMATION TECHNOLOGY.—The term ‘‘information

9 technology’’—

10 (A) with respect to an executive agency means any equipment or

11 interconnected system or subsystem of equipment, used in the auto12 matic acquisition, storage, manipulation, management, movement,

13 control, display, switching, interchange, transmission, or reception

14 of data or information by the executive agency, if the equipment is

15 used by the executive agency directly or is used by a contractor

16 under a contract with the executive agency that requires the use—

17 (i) of that equipment; or

18 (ii) of that equipment to a significant extent in the perform19 ance of a service or the furnishing of a product;

20 (B) includes computers, ancillary equipment, software, firmware

21 and similar procedures, services (including support services), and

22 related resources; but

23 (C) does not include any equipment acquired by a federal con24 tractor incidental to a federal contract.

25 § 11102. Sense of Congress

26 It is the sense of Congress that, during the five-year period beginning with

27 1996, executive agencies should achieve each year through improvements in

28 information resources management by the agency—

29 (1) at least a five percent decrease in the cost (in constant fiscal year

30 1996 dollars) incurred by the agency in operating and maintaining in31 formation technology; and

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

33 § 11103. Applicability to national security systems

34 (a) DEFINITION.—

35 (1) NATIONAL SECURITY SYSTEM.—In this section, the term ‘‘national

36 security system’’ means a telecommunications or information system op37 erated by the Federal Government, the function, operation, or use of

38 which—

39 (A) involves intelligence activities;

40 (B) involves cryptologic activities related to national security;

41 (C) involves command and control of military forces;
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1 (D) involves equipment that is an integral part of a weapon or

2 weapons system; or

3 (E) subject to paragraph (2), is critical to the direct fulfillment

4 of military or intelligence missions.

5 (2) LIMITATION.—Paragraph (1)(E) does not include a system to be

6 used for routine administrative and business applications (including

7 payroll, finance, logistics, and personnel management applications).

8 (b) IN GENERAL.—Except as provided in subsection (c), chapter 113 of this

9 title does not apply to national security systems.

10 (c) EXCEPTIONS.—

11 (1) IN GENERAL.—Sections 11313, 11315, and 11316 of this title

12 apply to national security systems.

13 (2) CAPITAL PLANNING AND INVESTMENT CONTROL.—The heads of ex14 ecutive agencies shall apply sections 11302 and 11312 of this title to na15 tional security systems to the extent practicable.

16 (3) APPLICABILITY OF PERFORMANCE-BASED AND RESULTS-BASED

17 MANAGEMENT TO NATIONAL SECURITY SYSTEMS.—

18 (A) IN GENERAL.—Subject to subparagraph (B), the heads of ex19 ecutive agencies shall apply section 11303 of this title to national

20 security systems to the extent practicable.

21 (B) EXCEPTION.—National security systems are subject to section

22 11303(b)(5) of this title, except for subparagraph (B)(iv).

23 CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF

24 INFORMATION TECHNOLOGY

SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET

Sec.

11301. Responsibility of Director.

11302. Capital planning and investment control.

11303. Performance-based and results-based management.

SUBCHAPTER II—EXECUTIVE AGENCIES

11311. Responsibilities.

11312. Capital planning and investment control.

11313. Performance and results-based management.

11314. Authority to acquire and manage information technology.

11315. Agency Chief Information Officer.

11316. Accountability.

11317. Significant deviations.

11318. Interagency support.

SUBCHAPTER III—OTHER RESPONSIBILITIES

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

11332. Federal computer system security training and plan.

25 SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND

26 BUDGET

27 § 11301. Responsibility of Director

28 In fulfilling the responsibility to administer the functions assigned under

29 chapter 35 of title 44, the Director of the Office of Management and Budget
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1 shall comply with this chapter with respect to the specific matters covered by

2 this chapter.

3 § 11302. Capital planning and investment control

4 (a) FEDERAL INFORMATION TECHNOLOGY.—The Director of the Office of

5 Management and Budget shall perform the responsibilities set forth in this

6 section in fulfilling the responsibilities under section 3504(h) of title 44.

7 (b) USE OF INFORMATION TECHNOLOGY IN FEDERAL PROGRAMS.—The Di8 rector shall promote and improve the acquisition, use, and disposal of infor9 mation technology by the Federal Government to improve the productivity, ef10 ficiency, and effectiveness of federal programs, including through dissemina11 tion of public information and the reduction of information collection burdens

12 on the public.

13 (c) USE OF BUDGET PROCESS.—

14 (1) ANALYZING, TRACKING, AND EVALUATING CAPITAL INVESTMENTS.—

15 As part of the budget process, the Director shall develop a process for

16 analyzing, tracking, and evaluating the risks and results of all major

17 capital investments made by an executive agency for information sys18 tems. The process shall cover the life of each system and shall include

19 explicit criteria for analyzing the projected and actual costs, benefits,

20 and risks associated with the investments.

21 (2) REPORT TO CONGRESS.—At the same time that the President sub22 mits the budget for a fiscal year to Congress under section 1105(a) of

23 title 31, the Director shall submit to Congress a report on the net pro24 gram performance benefits achieved as a result of major capital invest25 ments made by executive agencies for information systems and how the

26 benefits relate to the accomplishment of the goals of the executive agen27 cies.

28 (d) INFORMATION TECHNOLOGY STANDARDS.—The Director shall oversee

29 the development and implementation of standards and guidelines pertaining

30 to federal computer systems by the Secretary of Commerce through the Na31 tional Institute of Standards and Technology under section 11331 of this title

32 and section 20 of the National Institute of Standards and Technology Act (15

33 U.S.C. 278g–3).

34 (e) DESIGNATION OF EXECUTIVE AGENTS FOR ACQUISITIONS.— The Direc35 tor shall designate the head of one or more executive agencies, as the Director

36 considers appropriate, as executive agent for Government-wide acquisitions of

37 information technology.

38 (f) USE OF BEST PRACTICES IN ACQUISITIONS.—The Director shall encour39 age the heads of the executive agencies to develop and use the best practices

40 in the acquisition of information technology.
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1 (g) ASSESSMENT OF OTHER MODELS FOR MANAGING INFORMATION TECH2 NOLOGY.—On a continuing basis, the Director shall assess the experiences of

3 executive agencies, state and local governments, international organizations,

4 and the private sector in managing information technology.

5 (h) COMPARISON OF AGENCY USES OF INFORMATION TECHNOLOGY.—The

6 Director shall compare the performances of the executive agencies in using in7 formation technology and shall disseminate the comparisons to the heads of

8 the executive agencies.

9 (i) MONITORING TRAINING.—The Director shall monitor the development

10 and implementation of training in information resources management for ex11 ecutive agency personnel.

12 (j) INFORMING CONGRESS.—The Director shall keep Congress fully in13 formed on the extent to which the executive agencies are improving the per14 formance of agency programs and the accomplishment of the agency missions

15 through the use of the best practices in information resources management.

16 (k) COORDINATION OF POLICY DEVELOPMENT AND REVIEW.—The Director

17 shall coordinate with the Office of Federal Procurement Policy the develop18 ment and review by the Administrator of the Office of Information and Regu19 latory Affairs of policy associated with federal acquisition of information

20 technology.

21 § 11303. Performance-based and results-based management

22 (a) IN GENERAL.—The Director of the Office of Management and Budget

23 shall encourage the use of performance-based and results-based management

24 in fulfilling the responsibilities assigned under section 3504(h) of title 44.

25 (b) EVALUATION OF AGENCY PROGRAMS AND INVESTMENTS.—

26 (1) REQUIREMENT.—The Director shall evaluate the information re27 sources management practices of the executive agencies with respect to

28 the performance and results of the investments made by the executive

29 agencies in information technology.

30 (2) DIRECTION FOR EXECUTIVE AGENCY ACTION.—The Director shall

31 issue to the head of each executive agency clear and concise direction that

32 the head of each agency shall—

33 (A) establish effective and efficient capital planning processes for

34 selecting, managing, and evaluating the results of all of its major

35 investments in information systems;

36 (B) determine, before making an investment in a new informa37 tion system—

38 (i) whether the function to be supported by the system should

39 be performed by the private sector and, if so, whether any com40 ponent of the executive agency performing that function should
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1 be converted from a governmental organization to a private

2 sector organization; or

3 (ii) whether the function should be performed by the execu4 tive agency and, if so, whether the function should be performed

5 by a private sector source under contract or by executive agen6 cy personnel;

7 (C) analyze the missions of the executive agency and, based on

8 the analysis, revise the executive agency’s mission-related processes

9 and administrative processes, as appropriate, before making signifi10 cant investments in information technology to be used in support

11 of those missions; and

12 (D) ensure that the information security policies, procedures, and

13 practices are adequate.

14 (3) GUIDANCE FOR MULTIAGENCY INVESTMENTS.—The direction issued

15 under paragraph (2) shall include guidance for undertaking efficiently

16 and effectively interagency and Federal Government-wide investments in

17 information technology to improve the accomplishment of missions that

18 are common to the executive agencies.

19 (4) PERIODIC REVIEWS.—The Director shall implement through the

20 budget process periodic reviews of selected information resources manage21 ment activities of the executive agencies to ascertain the efficiency and

22 effectiveness of information technology in improving the performance of

23 the executive agency and the accomplishment of the missions of the execu24 tive agency.

25 (5) ENFORCEMENT OF ACCOUNTABILITY.—

26 (A) IN GENERAL.—The Director may take any action that the

27 Director considers appropriate, including an action involving the

28 budgetary process or appropriations management process, to enforce

29 accountability of the head of an executive agency for information

30 resources management and for the investments made by the execu31 tive agency in information technology.

32 (B) SPECIFIC ACTIONS.—Actions taken by the Director may

33 include—

34 (i) recommending a reduction or an increase in the amount

35 for information resources that the head of the executive agency

36 proposes for the budget submitted to Congress under section

37 1105(a) of title 31;

38 (ii) reducing or otherwise adjusting apportionments and re39 apportionments of appropriations for information resources;
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1 (iii) using other administrative controls over appropriations

2 to restrict the availability of amounts for information re3 sources; and

4 (iv) designating for the executive agency an executive agent

5 to contract with private sector sources for the performance of

6 information resources management or the acquisition of infor7 mation technology.

8 SUBCHAPTER II—EXECUTIVE AGENCIES

9 § 11311. Responsibilities

10 In fulfilling the responsibilities assigned under chapter 35 of title 44, the

11 head of each executive agency shall comply with this subchapter with respect

12 to the specific matters covered by this subchapter.

13 § 11312. Capital planning and investment control

14 (a) DESIGN OF PROCESS.—In fulfilling the responsibilities assigned under

15 section 3506(h) of title 44, the head of each executive agency shall design and

16 implement in the executive agency a process for maximizing the value, and

17 assessing and managing the risks, of the information technology acquisitions

18 of the executive agency.

19 (b) CONTENT OF PROCESS.—The process of an executive agency shall—

20 (1) provide for the selection of information technology investments to

21 be made by the executive agency, the management of those investments,

22 and the evaluation of the results of those investments;

23 (2) be integrated with the processes for making budget, financial, and

24 program management decisions in the executive agency;

25 (3) include minimum criteria to be applied in considering whether to

26 undertake a particular investment in information systems, including cri27 teria related to the quantitatively expressed projected net, risk-adjusted

28 return on investment and specific quantitative and qualitative criteria

29 for comparing and prioritizing alternative information systems invest30 ment projects;

31 (4) identify information systems investments that would result in

32 shared benefits or costs for other federal agencies or state or local govern33 ments;

34 (5) identify quantifiable measurements for determining the net benefits

35 and risks of a proposed investment; and

36 (6) provide the means for senior management personnel of the execu37 tive agency to obtain timely information regarding the progress of an

38 investment in an information system, including a system of milestones

39 for measuring progress, on an independently verifiable basis, in terms

40 of cost, capability of the system to meet specified requirements, timeli41 ness, and quality.
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1 § 11313. Performance and results-based management

2 In fulfilling the responsibilities under section 3506(h) of title 44, the head

3 of an executive agency shall—

4 (1) establish goals for improving the efficiency and effectiveness of

5 agency operations and, as appropriate, the delivery of services to the

6 public through the effective use of information technology;

7 (2) prepare an annual report, to be included in the executive agency’s

8 budget submission to Congress, on the progress in achieving the goals;

9 (3) ensure that performance measurements—

10 (A) are prescribed for information technology used by, or to be

11 acquired for, the executive agency; and

12 (B) measure how well the information technology supports pro13 grams of the executive agency;

14 (4) where comparable processes and organizations in the public or pri15 vate sectors exist, quantitatively benchmark agency process performance

16 against those processes in terms of cost, speed, productivity, and quality

17 of outputs and outcomes;

18 (5) analyze the missions of the executive agency and, based on the

19 analysis, revise the executive agency’s mission-related processes and ad20 ministrative processes as appropriate before making significant invest21 ments in information technology to be used in support of the perform22 ance of those missions; and

23 (6) ensure that the information security policies, procedures, and prac24 tices of the executive agency are adequate.

25 § 11314. Authority to acquire and manage information tech26 nology

27 (a) IN GENERAL.—The authority of the head of an executive agency to ac28 quire information technology includes—

29 (1) acquiring information technology as authorized by law;

30 (2) making a contract that provides for multiagency acquisitions of

31 information technology in accordance with guidance issued by the Direc32 tor of the Office of Management and Budget; and

33 (3) if the Director finds that it would be advantageous for the Federal

34 Government to do so, making a multiagency contract for procurement of

35 commercial items of information technology that requires each executive

36 agency covered by the contract, when procuring those items, to procure

37 the items under that contract or to justify an alternative procurement

38 of the items.

39 (b) FTS 2000 PROGRAM.—The Administrator of General Services shall

40 continue to manage the FTS 2000 program, and to coordinate the follow-on

41 to that program, for and with the advice of the heads of executive agencies.
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1 § 11315. Agency Chief Information Officer

2 (a) DEFINITION.—In this section, the term ‘‘information technology archi3 tecture’’, with respect to an executive agency, means an integrated framework

4 for evolving or maintaining existing information technology and acquiring

5 new information technology to achieve the agency’s strategic goals and infor6 mation resources management goals.

7 (b) GENERAL RESPONSIBILITIES.—The Chief Information Officer of an ex8 ecutive agency is responsible for—

9 (1) providing advice and other assistance to the head of the executive

10 agency and other senior management personnel of the executive agency

11 to ensure that information technology is acquired and information re12 sources are managed for the executive agency in a manner that imple13 ments the policies and procedures of this subtitle, consistent with chapter

14 35 of title 44 and the priorities established by the head of the executive

15 agency;

16 (2) developing, maintaining, and facilitating the implementation of a

17 sound and integrated information technology architecture for the execu18 tive agency; and

19 (3) promoting the effective and efficient design and operation of all

20 major information resources management processes for the executive

21 agency, including improvements to work processes of the executive agen22 cy.

23 (c) DUTIES AND QUALIFICATIONS.—The Chief Information Officer of an

24 agency listed in section 901(b) of title 31—

25 (1) has information resources management duties as that official’s pri26 mary duty;

27 (2) monitors the performance of information technology programs of

28 the agency, evaluates the performance of those programs on the basis of

29 the applicable performance measurements, and advises the head of the

30 agency regarding whether to continue, modify, or terminate a program

31 or project; and

32 (3) annually, as part of the strategic planning and performance eval33 uation process required (subject to section 1117 of title 31) under section

34 306 of title 5 and sections 1105(a)(28), 1115–1117, and 9703 (as added

35 by section 5(a) of the Government Performance and Results Act of 1993

36 (Public Law 103–62, 107 Stat. 289)) of title 31—

37 (A) assesses the requirements established for agency personnel re38 garding knowledge and skill in information resources management

39 and the adequacy of those requirements for facilitating the achieve40 ment of the performance goals established for information resources

41 management;
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1 (B) assesses the extent to which the positions and personnel at the

2 executive level of the agency and the positions and personnel at

3 management level of the agency below the executive level meet those

4 requirements;

5 (C) develops strategies and specific plans for hiring, training,

6 and professional development to rectify any deficiency in meeting

7 those requirements; and

8 (D) reports to the head of the agency on the progress made in

9 improving information resources management capability.

10 § 11316. Accountability

11 The head of each executive agency, in consultation with the Chief Informa12 tion Officer and the Chief Financial Officer of that executive agency (or, in

13 the case of an executive agency without a chief financial officer, any com14 parable official), shall establish policies and procedures to ensure that—

15 (1) the accounting, financial, asset management, and other informa16 tion systems of the executive agency are designed, developed, maintained,

17 and used effectively to provide financial or program performance data

18 for financial statements of the executive agency;

19 (2) financial and related program performance data are provided on

20 a reliable, consistent, and timely basis to executive agency financial

21 management systems; and

22 (3) financial statements support—

23 (A) assessments and revisions of mission-related processes and ad24 ministrative processes of the executive agency; and

25 (B) measurement of the performance of investments made by the

26 agency in information systems.

27 § 11317. Significant deviations

28 The head of each executive agency shall identify in the strategic informa29 tion resources management plan required under section 3506(b)(2) of title 44

30 any major information technology acquisition program, or any phase or in31 crement of that program, that has significantly deviated from the cost, per32 formance, or schedule goals established for the program.

33 § 11318. Interagency support

34 The head of an executive agency may use amounts available to the agency

35 for oversight, acquisition, and procurement of information technology to sup36 port jointly with other executive agencies the activities of interagency groups

37 that are established to advise the Director of the Office of Management and

38 Budget in carrying out the Director’s responsibilities under this chapter. The

39 use of those amounts for that purpose is subject to requirements and limita40 tions on uses and amounts that the Director may prescribe. The Director shall

41 prescribe the requirements and limitations during the Director’s review of the
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1 executive agency’s proposed budget submitted to the Director by the head of

2 the executive agency for purposes of section 1105 of title 31.

3 SUBCHAPTER III—OTHER RESPONSIBILITIES

4 § 11331. Responsibilities regarding efficiency, security, and

5 privacy of federal computer systems

6 (a) DEFINITIONS.—In this section, the terms ‘‘federal computer system’’

7 and ‘‘operator of a federal computer system’’ have the meanings given those

8 terms in section 20(d) of the National Institute of Standards and Technology

9 Act (15 U.S.C. 278g–3(d)).

10 (b) STANDARDS AND GUIDELINES.—

11 (1) AUTHORITY TO PRESCRIBE AND DISAPPROVE OR MODIFY.—

12 (A) AUTHORITY TO PRESCRIBE.—On the basis of standards and

13 guidelines developed by the National Institute of Standards and

14 Technology pursuant to paragraphs (2) and (3) of section 20(a) of

15 the Act (15 U.S.C. 278g–3(a)(2), (3)), the Secretary of Commerce

16 shall prescribe standards and guidelines pertaining to federal com17 puter systems. The Secretary shall make those standards compulsory

18 and binding to the extent the Secretary determines necessary to im19 prove the efficiency of operation or security and privacy of federal

20 computer systems.

21 (B) AUTHORITY TO DISAPPROVE OR MODIFY.—The President may

22 disapprove or modify those standards and guidelines if the Presi23 dent determines that action to be in the public interest. The Presi24 dent’s authority to disapprove or modify those standards and guide25 lines may not be delegated. Notice of disapproval or modification

26 shall be published promptly in the Federal Register. On receiving

27 notice of disapproval or modification, the Secretary shall imme28 diately rescind or modify those standards or guidelines as directed

29 by the President.

30 (2) EXERCISE OF AUTHORITY.—To ensure fiscal and policy consist31 ency, the Secretary shall exercise the authority conferred by this section

32 subject to direction by the President and in coordination with the Direc33 tor of the Office of Management and Budget.

34 (c) APPLICATION OF MORE STRINGENT STANDARDS.—The head of a federal

35 agency may employ standards for the cost-effective security and privacy of

36 sensitive information in a federal computer system in or under the super37 vision of that agency that are more stringent than the standards the Secretary

38 prescribes under this section if the more stringent standards contain at least

39 the applicable standards the Secretary makes compulsory and binding .

40 (d) WAIVER OF STANDARDS.—
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1 (1) AUTHORITY OF THE SECRETARY.—The Secretary may waive in

2 writing compulsory and binding standards under subsection (b) if the

3 Secretary determines that compliance would—

4 (A) adversely affect the accomplishment of the mission of an oper5 ator of a federal computer system; or

6 (B) cause a major adverse financial impact on the operator that

7 is not offset by Federal Government-wide savings.

8 (2) DELEGATION OF WAIVER AUTHORITY.—The Secretary may delegate

9 to the head of one or more federal agencies authority to waive those

10 standards to the extent the Secretary determines that action to be nec11 essary and desirable to allow for timely and effective implementation of

12 federal computer system standards. The head of the agency may redele13 gate that authority only to a chief information officer designated pursu14 ant to section 3506 of title 44.

15 (3) NOTICE.—Notice of each waiver and delegation shall be trans16 mitted promptly to Congress and published promptly in the Federal Reg17 ister.

18 § 11332. Federal computer system security training and plan

19 (a) DEFINITIONS.—In this section, the terms ‘‘computer system’’, ‘‘federal

20 agency’’, ‘‘federal computer system’’, ‘‘operator of a federal computer system’’,

21 and ‘‘sensitive information’’ have the meanings given those terms in section

22 20(d) of the National Institute of Standards and Technology Act (15 U.S.C.

23 278g–3(d)).

24 (b) TRAINING—

25 (1) IN GENERAL.—Each federal agency shall provide for mandatory

26 periodic training in computer security awareness and accepted computer

27 security practice of all employees who are involved with the management,

28 use, or operation of each federal computer system within or under the

29 supervision of the agency. The training shall be–

30 (A) provided in accordance with the guidelines developed pursu31 ant to section 20(a)(5) of the Act (15 U.S.C. 278g-3(a)(5)) and the

32 regulations prescribed under paragraph (3) for federal civilian em33 ployees; or

34 (B) provided by an alternative training program that the head

35 of the agency approves after determining that the alternative train36 ing program is at least as effective in accomplishing the objectives

37 of the guidelines and regulations.

38 (2) TRAINING OBJECTIVES.—Training under this subsection shall be

39 designed—

40 (A) to enhance employees’ awareness of the threats to, and vulner41 ability of, computer systems; and
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1 (B) to encourage the use of improved computer security practices.

2 (3) REGULATIONS.—The Director of the Office of Personnel Manage3 ment shall maintain regulations that establish the procedures and scope

4 of the training to be provided federal civilian employees under this sub5 section and the manner in which the training is to be carried out.

6 (c) PLAN.—

7 (1) IN GENERAL.—Consistent with standards, guidelines, policies, and

8 regulations prescribed pursuant to section 11331 of this title, each federal

9 agency shall maintain a plan for the security and privacy of each federal

10 computer system the agency identifies as being within or under its super11 vision and as containing sensitive information. The plan must be com12 mensurate with the risk and magnitude of the harm resulting from the

13 loss, misuse, or unauthorized access to, or modification of, the informa14 tion contained in the system.

15 (2) REVISION AND REVIEW.—The plan shall be revised annually as

16 necessary and is subject to disapproval by the Director of the Office of

17 Management and Budget.

18 (d) HANDLING OF INFORMATION NOT AFFECTED.—This section does not—

19 (1) constitute authority to withhold information sought pursuant to

20 section 552 of title 5; or

21 (2) authorize a federal agency to limit, restrict, regulate, or control the

22 collection, maintenance, disclosure, use, transfer, or sale of any informa23 tion (regardless of the medium in which the information may be main24 tained) that is—

25 (A) privately owned information;

26 (B) disclosable under section 552 of title 5 or another law requir27 ing or authorizing the public disclosure of information; or

28 (C) public domain information.

29 CHAPTER 115—INFORMATION TECHNOLOGY

30 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.

31 SUBCHAPTER I—CONDUCT OF PILOT PROGRAMS

32 § 11501. Authority to conduct pilot programs

33 (a) IN GENERAL.—
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1 (1) PURPOSE.—In consultation with the Administrator for the Office

2 of Information and Regulatory Affairs, the Administrator for Federal

3 Procurement Policy may conduct pilot programs to test alternative ap4 proaches for the acquisition of information technology by executive agen5 cies.

6 (2) MULTIAGENCY, MULTI-ACTIVITY CONDUCT OF EACH PROGRAM.—

7 Except as otherwise provided in this chapter, each pilot program con8 ducted under this chapter shall be carried out in not more than two pro9 curing activities in each of the executive agencies that are designated by

10 the Administrator for Federal Procurement Policy in accordance with

11 this chapter to carry out the pilot program. With the approval of the

12 Administrator for Federal Procurement Policy, the head of each des13 ignated executive agency shall select the procuring activities of the execu14 tive agency that are to participate in the test and shall designate a pro15 curement testing official who shall be responsible for the conduct and

16 evaluation of the pilot program within the executive agency.

17 (b) LIMITATIONS.—

18 (1) NUMBER.—Not more than two pilot programs may be conducted

19 under this chapter, including one pilot program each pursuant to the re20 quirements of sections 11521 and 11522 of this title.

21 (2) AMOUNT.—The total amount obligated for contracts entered into

22 under the pilot programs conducted under this chapter may not exceed

23 $750,000,000. The Administrator for Federal Procurement Policy shall

24 monitor those contracts and ensure that contracts are not entered into

25 in violation of this paragraph.

26 (c) PERIOD OF PROGRAMS.—

27 (1) IN GENERAL.—Subject to paragraph (2), a pilot program may be

28 carried out under this chapter for the period, not in excess of five years,

29 the Administrator for Federal Procurement Policy determines is suffi30 cient to establish reliable results.

31 (2) CONTINUING VALIDITY OF CONTRACTS.—A contract entered into

32 under the pilot program before the expiration of that program remains

33 in effect according to the terms of the contract after the expiration of the

34 program.

35 § 11502. Evaluation criteria and plans

36 (a) MEASURABLE TEST CRITERIA.—To the maximum extent practicable,

37 the head of each executive agency conducting a pilot program under section

38 11501 of this title shall establish measurable criteria for evaluating the effects

39 of the procedures or techniques to be tested under the program.

40 (b) TEST PLAN.—Before a pilot program may be conducted under section

41 11501 of this title, the Administrator for Federal Procurement Policy shall
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1 submit to Congress a detailed test plan for the program, including a detailed

2 description of the procedures to be used and a list of regulations that are to

3 be waived.

4 § 11503. Report

5 (a) REQUIREMENT.—Not later than 180 days after the completion of a

6 pilot program under this chapter, the Administrator for Federal Procurement

7 Policy shall—

8 (1) submit to the Director of the Office of Management and Budget

9 a report on the results and findings under the program; and

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

11 (b) CONTENT.—The report shall include—

12 (1) a detailed description of the results of the program, as measured

13 by the criteria established for the program; and

14 (2) a discussion of legislation that the Administrator recommends, or

15 changes in regulations that the Administrator considers necessary, to im16 prove overall information resources management in the Federal Govern17 ment.

18 § 11504. Recommended legislation

19 If the Director of the Office of Management and Budget determines that

20 the results and findings under a pilot program under this chapter indicate

21 that legislation is necessary or desirable to improve the process for acquisition

22 of information technology, the Director shall transmit the Director’s rec23 ommendations for that legislation to Congress.

24 § 11505. Rule of construction

25 This chapter does not authorize the appropriation or obligation of amounts

26 for the pilot programs authorized under this chapter.

27 SUBCHAPTER II—SPECIFIC PILOT PROGRAMS

28 § 11521. Share-in-savings pilot program

29 (a) REQUIREMENT.—The Administrator for Federal Procurement Policy

30 may authorize the heads of two executive agencies to carry out a pilot pro31 gram to test the feasibility of—

32 (1) contracting on a competitive basis with a private sector source to

33 provide the Federal Government with an information technology solution

34 for improving mission-related or administrative processes of the Federal

35 Government; and

36 (2) paying the private sector source an amount equal to a portion of

37 the savings derived by the Federal Government from any improvements

38 in mission-related processes and administrative processes that result

39 from implementation of the solution.
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1 (b) LIMITATIONS.—The head of an executive agency authorized to carry out

2 the pilot program may carry out one project and enter into not more than

3 five contracts for the project under the pilot program.

4 (c) SELECTION OF PROJECTS.—In consultation with the Administrator for

5 the Office of Information and Regulatory Affairs, the Administrator for Fed6 eral Procurement Policy shall select the projects.

7 § 11522. Solutions-based contracting pilot program

8 (a) DEFINITION.—For purposes of this section, ‘‘solutions-based con9 tracting’’ is an acquisition method under which the acquisition objectives are

10 defined by the Federal Government user of the technology to be acquired, a

11 streamlined contractor selection process is used, and industry sources are al12 lowed to provide solutions that attain the objectives effectively.

13 (b) IN GENERAL.—The Administrator for Federal Procurement Policy may

14 authorize the head of an executive agency, in accordance with subsection (d),

15 to carry out a pilot program to test the feasibility of using solutions-based

16 contracting for the acquisition of information technology.

17 (c) PROCESS REQUIREMENTS.—The Administrator shall require use of a

18 process with the following aspects for acquisitions under the pilot program:

19 (1) ACQUISITION PLAN EMPHASIZING DESIRED RESULT.—Preparation

20 of an acquisition plan that defines the functional requirements of the in21 tended users of the information technology to be acquired, identifies the

22 operational improvements to be achieved, and defines the performance

23 measurements to be applied in determining whether the information

24 technology acquired satisfies the defined requirements and attains the

25 identified results.

26 (2) RESULTS-ORIENTED STATEMENT OF WORK.—Use of a statement of

27 work that is limited to an expression of the end results or performance

28 capabilities desired under the acquisition plan.

29 (3) SMALL ACQUISITION ORGANIZATION.—Assembly of a small acquisi30 tion organization consisting of the following:

31 (A) An acquisition management team, the members of which are

32 to be evaluated and rewarded under the pilot program for contribu33 tions toward attainment of the desired results identified in the ac34 quisition plan.

35 (B) A small source selection team composed of representatives of

36 the specific mission or administrative area to be supported by the

37 information technology to be acquired, a contracting officer, and in38 dividuals with relevant expertise.

39 (4) USE OF SOURCE SELECTION FACTORS EMPHASIZING SOURCE

40 QUALIFICATIONS AND COSTS.—Use of source selection factors that

41 emphasize—
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1 (A) the qualifications of the offeror, including personnel skills,

2 previous experience in providing other private or public sector orga3 nizations with solutions for attaining objectives similar to the objec4 tives of the acquisition, past contract performance, qualifications of

5 the proposed program manager, and the proposed management

6 plan; and

7 (B) the costs likely to be associated with the conceptual approach

8 proposed by the offeror.

9 (5) OPEN COMMUNICATIONS WITH CONTRACTOR COMMUNITY.—Open

10 availability of the following information to potential offerors:

11 (A) The agency mission to be served by the acquisition.

12 (B) The functional process to be performed by use of information

13 technology.

14 (C) The process improvements to be attained.

15 (6) SIMPLE SOLICITATION.—Use of a simple solicitation that sets forth

16 only the functional work description, the source selection factors to be

17 used in accordance with paragraph (4), the required terms and condi18 tions, instructions regarding submission of offers, and the estimate of the

19 Government’s budget for the desired work.

20 (7) SIMPLE PROPOSALS.—Submission of oral presentations and writ21 ten proposals that are limited in size and scope and contain information

22 on—

23 (A) the offeror’s qualifications to perform the desired work;

24 (B) past contract performance;

25 (C) the proposed conceptual approach; and

26 (D) the costs likely to be associated with the proposed conceptual

27 approach.

28 (8) SIMPLE EVALUATION.—Use of a simplified evaluation process, to

29 be completed within 45 days after receipt of proposals, that consists of

30 the following:

31 (A) Identification of the most qualified offerors that are within

32 the competitive range.

33 (B) Issuance of invitations for at least three and not more than

34 five of the identified offerors to make oral presentations to, and en35 gage in discussions with, the evaluating personnel regarding, for

36 each offeror—

37 (i) the qualifications of the offeror, including how the quali38 fications of the offeror relate to the approach proposed to be

39 taken by the offeror in the acquisition; and

40 (ii) the costs likely to be associated with the approach.
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1 (C) Evaluation of the qualifications of the identified offerors and

2 the costs likely to be associated with the offerors’ proposals on the

3 basis of submissions required under the process and any oral pres4 entations made by, and any discussions with, the offerors.

5 (9) SELECTION OF MOST QUALIFIED OFFEROR.—A selection process

6 consisting of the following:

7 (A) Identification of the most qualified sources, primarily on the

8 basis of the oral proposals, presentations, and discussions, and writ9 ten proposals, submitted in accordance with paragraph (7).

10 (B) A program definition phase of 30–60 days (or a longer pe11 riod the Administrator approves)—

12 (i) during which the sources identified under subparagraph

13 (A), in consultation with one or more intended users, develop

14 a conceptual system design and technical approach, define log15 ical phases for the project, and estimate the total cost and the

16 cost for each phase; and

17 (ii) after which a contract for performance of the work may

18 be awarded to the source whose offer is determined to be most

19 advantageous to the Government on the basis of cost, the re20 sponsiveness, reasonableness, and quality of the proposed per21 formance, and a sharing of risk and benefits between the source

22 and the Government.

23 (C) As many successive program definition phases as necessary

24 to award a contract in accordance with subparagraph (B).

25 (10) SYSTEM IMPLEMENTATION PHASING.—System implementation to

26 be executed in phases that are tailored to the solution, with appropriate

27 contract arrangements being used for various phases and activities.

28 (11) MUTUAL AUTHORITY TO TERMINATE.—Authority for the Govern29 ment or the contractor to terminate the contract without penalty at the

30 end of any phase defined for the project.

31 (12) TIME MANAGEMENT DISCIPLINE.—Application of a standard for

32 awarding a contract within 105 to 120 days after issuance of the solici33 tation, except that the Administrator may approve the application of a

34 longer standard period.

35 (d) PILOT PROGRAM PROJECTS.—The Administrator shall authorize to be

36 carried out under the pilot program—

37 (1) not more than 10 projects, each of which has an estimated cost

38 of at least $25,000,000 and not more than $100,000,000; and

39 (2) not more than 10 projects for small business concerns, each of

40 which has an estimated cost of at least $1,000,000 and not more than

41 $5,000,000.
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1 (e) MONITORING BY COMPTROLLER GENERAL.—The Comptroller General

2 shall—

3 (1) monitor the conduct, and review the results, of acquisitions under

4 the pilot program; and

5 (2) submit to Congress periodic reports containing the views of the

6 Comptroller General on the activities, results, and findings under the

7 pilot program.

8 CHAPTER 117—ADDITIONAL INFORMATION RESOURCES

9 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.

10 § 11701. On-line multiple award schedule contracting

11 (a) AUTOMATION OF MULTIPLE AWARD SCHEDULE CONTRACTING.—To

12 provide for the economic and efficient procurement of information technology

13 and other commercial items, the Administrator of General Services shall pro14 vide Federal Government-wide on-line computer access to information on

15 products and services that are available for ordering through the multiple

16 award schedules.

17 (b) REQUIREMENTS.—The system for providing on-line computer access

18 shall—

19 (1) have the capability to—

20 (A) provide basic information on prices, features, and perform21 ance of all products and services available for ordering through the

22 multiple award schedules;

23 (B) provide for updating that information to reflect changes in

24 prices, features, and performance as soon as information on the

25 changes becomes available; and

26 (C) enable users to make on-line computer comparisons of the

27 prices, features, and performance of similar products and services

28 offered by various vendors; and

29 (2) be used to place orders under the multiple award schedules in a

30 fiscal year for an amount equal to at least 60 percent of the total amount

31 spent for all orders under the multiple award schedules in that fiscal

32 year.

33 (c) STREAMLINED PROCEDURES.—

34 (1) PILOT PROGRAM.—On certification by the Administrator of Gen35 eral Services that the system for providing on-line computer access meets

36 the requirements of subsection (b)(1) and was used as required by sub37 section (b)(2) in the fiscal year preceding the fiscal year in which the
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1 certification is made, the Administrator for Federal Procurement Policy

2 may establish a pilot program to test streamlined procedures for the pro3 curement of information technology products and services available for

4 ordering through the multiple award schedules.

5 (2) APPLICABILITY TO MULTIPLE AWARD SCHEDULE CONTRACTS.—Ex6 cept as provided in paragraph (4), the pilot program shall be applicable

7 to all multiple award schedule contracts for the purchase of information

8 technology and shall test the following procedures:

9 (A) A procedure under which negotiation of the terms and condi10 tions for a covered multiple award schedule contract is limited to

11 terms and conditions other than price.

12 (B) A procedure under which the vendor establishes the prices

13 under a covered multiple award schedule contract and may adjust

14 those prices at any time in the discretion of the vendor.

15 (C) A procedure under which a covered multiple award schedule

16 contract is awarded to any responsible offeror that—

17 (i) has a suitable record of past performance, which may in18 clude past performance on multiple award schedule contracts;

19 (ii) agrees to terms and conditions that the Administrator

20 for Federal Procurement Policy determines are required by law

21 or are appropriate for the purchase of commercial items; and

22 (iii) agrees to establish and update prices, features, and per23 formance and to accept orders electronically through the auto24 mated system established pursuant to subsection (a).

25 (3) COMPTROLLER GENERAL REVIEW AND REPORT.—

26 (A) AUTHORITY TO CONDUCT REVIEW AND MAKE REPORT.—Not

27 later than three years after the date on which the pilot program is

28 established, the Comptroller General shall review the pilot program

29 and report to Congress on the results of the pilot program.

30 (B) CONTENT OF REPORT.—The report shall include the fol31 lowing:

32 (i) An evaluation of the extent to which there is competition

33 for the orders placed under the pilot program.

34 (ii) The effect that the streamlined procedures under the

35 pilot program have on prices charged under multiple award

36 schedule contracts.

37 (iii) The effect that those procedures have on paperwork re38 quirements for multiple award schedule contracts and orders.

39 (iv) The impact of the pilot program on small businesses

40 and socially and economically disadvantaged small businesses.
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1 (4) WITHDRAWAL OF SCHEDULE OR PORTION OF SCHEDULE FROM

2 PILOT PROGRAM.—

3 (A) WHEN ALLOWED.—The Administrator for Federal Procure4 ment Policy may withdraw a multiple award schedule or portion

5 of a schedule from the pilot program if the Administrator deter6 mines that—

7 (i) price competition is not available under that schedule or

8 portion of that schedule; or

9 (ii) the cost to the Government for that schedule or portion

10 for the previous year was higher than it would have been if the

11 contract for that schedule or portion had been awarded using

12 procedures that would apply if the pilot program were not in

13 effect.

14 (B) NOTICE.—The Administrator for Federal Procurement Policy

15 shall notify Congress at least 30 days before the date on which the

16 Administrator withdraws a schedule or portion under this para17 graph.

18 (C) AUTHORITY NOT DELEGABLE.—The authority under this

19 paragraph may not be delegated.

20 (5) TERMINATION OF PILOT PROGRAM.—Unless reauthorized by law,

21 the authority of the Administrator for Federal Procurement Policy to

22 award contracts under the pilot program shall expire four years after the

23 date on which the pilot program is established. A contract entered into

24 before the authority expires remains in effect according to the terms of

25 the contract after the expiration of the authority to award new contracts

26 under the pilot program.

27 § 11702. Identification of excess and surplus computer equip28 ment

29 In accordance with chapter 5 of this title, the head of an executive agency

30 shall maintain an inventory of all computer equipment under the control of

31 that official that is excess or surplus property.

32 § 11703. Index of certain information in information systems

33 included in directory established under section

34 4101 of title 44

35 If in designing an information technology system pursuant to this subtitle,

36 the head of an executive agency determines that a purpose of the system is

37 to disseminate information to the public, then the head of that executive agen38 cy shall reasonably ensure that an index of information disseminated by the

39 system is included in the directory created pursuant to section 4101 of title

40 44. This section does not authorize the dissemination of information to the

41 public unless otherwise authorized.
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1 § 11704. Procurement procedures

2 To the maximum extent practicable, the Federal Acquisition Regulatory

3 Council shall ensure that the process for acquisition of information technology

4 is a simplified, clear, and understandable process that specifically addresses

5 the management of risk, incremental acquisitions, and the need to incorporate

6 commercial information technology in a timely manner.

7 SUBTITLE IV—APPALACHIAN REGIONAL

8 DEVELOPMENT

CHAPTER Sec.

141. GENERAL PROVISIONS ...................................................................................... 14101

143. APPALACHIAN REGIONAL COMMISSION ..................................................... 14301

145. SPECIAL APPALACHIAN PROGRAMS ............................................................ 14501

147. MISCELLANEOUS ................................................................................................. 14701

9 CHAPTER 141—GENERAL PROVISIONS

Sec.

14101. Findings and purposes.

14102. Definitions.

10 § 14101. Findings and purposes

11 (a) 1965 FINDINGS AND PURPOSE.—

12 (1) FINDINGS.—Congress finds and declares that the Appalachian re13 gion of the United States, while abundant in natural resources and rich

14 in potential, lags behind the rest of the Nation in its economic growth

15 and that its people have not shared properly in the Nation’s prosperity.

16 The region’s uneven past development, with its historical reliance on a

17 few basic industries and a marginal agriculture, has failed to provide

18 the economic base that is a vital prerequisite for vigorous, self-sustaining

19 growth. State and local governments and the people of the region under20 stand their problems and have been working, and will continue to work,

21 purposefully toward their solution. Congress recognizes the comprehensive

22 report of the President’s Appalachian Regional Commission documenting

23 these findings and concludes that regionwide development is feasible, de24 sirable, and urgently needed.

25 (2) PURPOSE.—It is the purpose of this subtitle to assist the region

26 in meeting its special problems, to promote its economic development,

27 and to establish a framework for joint federal and state efforts toward

28 providing the basic facilities essential to its growth and attacking its

29 common problems and meeting its common needs on a coordinated and

30 concerted regional basis. The public investments made in the region

31 under this subtitle shall be concentrated in areas where there is a signifi32 cant potential for future growth and where the expected return on public

33 dollars invested will be the greatest. States will be responsible for recom34 mending local and state projects within their borders that will receive

35 assistance under this subtitle. As the region obtains the needed physical

36 and transportation facilities and develops its human resources, Congress
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1 expects that the region will generate a diversified industry and that the

2 region will then be able to support itself through the workings of a

3 strengthened free enterprise economy.

4 (b) 1975 FINDINGS AND PURPOSE.—

5 (1) FINDINGS.—Congress further finds and declares that while sub6 stantial progress has been made toward achieving the purposes set out

7 in subsection (a), especially with respect to the provision of essential

8 public facilities, much remains to be accomplished, especially with re9 spect to the provision of essential health, education, and other public

10 services. Congress recognizes that changes and evolving national purposes

11 in the decade since 1965 affect not only the Appalachian region but also

12 its relationship to a nation that on December 31, 1975, is assigning

13 higher priority to conservation and the quality of life, values long cher14 ished within the region. Appalachia as of December 31, 1975, has the

15 opportunity, in accommodating future growth and development, to dem16 onstrate local leadership and coordinated planning so that housing, pub17 lic services, transportation and other community facilities will be pro18 vided in a way congenial to the traditions and beauty of the region and

19 compatible with conservation values and an enhanced quality of life for

20 the people of the region, and consistent with that goal, the Appalachian

21 region should be able to take advantage of eco-industrial development,

22 which promotes both employment and economic growth and the preserva23 tion of natural resources. Congress recognizes also that fundamental

24 changes are occurring in national energy requirements and production,

25 which not only risk short-term dislocations but will undoubtedly result

26 in major long-term effects in the region. It is essential that the opportu27 nities for expanded energy production be used so as to maximize the so28 cial and economic benefits and minimize the social and environmental

29 costs to the region and its people.

30 (2) PURPOSE.—It is also the purpose of this subtitle to provide a

31 framework for coordinating federal, state and local efforts toward—

32 (A) anticipating the effects of alternative energy policies and

33 practices;

34 (B) planning for accompanying growth and change so as to

35 maximize the social and economic benefits and minimize the social

36 and environmental costs; and

37 (C) implementing programs and projects carried out in the re38 gion by federal, state, and local governmental agencies so as to bet39 ter meet the special problems generated in the region by the Nation’s

40 energy needs and policies, including problems of transportation,

41 housing, community facilities, and human services.
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1 (c) 1998 FINDINGS AND PURPOSE.—

2 (1) FINDINGS.—Congress further finds and declares that while sub3 stantial progress has been made in fulfilling many of the objectives of

4 this subtitle, rapidly changing national and global economies over the

5 decade ending November 13, 1998, have created new problems and chal6 lenges for rural areas throughout the United States and especially for the

7 Appalachian region.

8 (2) PURPOSE.—In addition to the purposes stated in subsections (a)

9 and (b), it is the purpose of this subtitle—

10 (A) to assist the Appalachian region in—

11 (i) providing the infrastructure necessary for economic and

12 human resource development;

13 (ii) developing the region’s industry;

14 (iii) building entrepreneurial communities;

15 (iv) generating a diversified regional economy; and

16 (v) making the region’s industrial and commercial resources

17 more competitive in national and world markets;

18 (B) to provide a framework for coordinating federal, state, and

19 local initiatives to respond to the economic competitiveness chal20 lenges in the Appalachian region through—

21 (i) improving the skills of the region’s workforce;

22 (ii) adapting and applying new technologies for the region’s

23 businesses, including eco-industrial development technologies;

24 and

25 (iii) improving the access of the region’s businesses to the

26 technical and financial resources necessary to development of

27 the businesses; and

28 (C) to address the needs of severely and persistently distressed

29 areas of the Appalachian region and focus special attention on the

30 areas of greatest need so as to provide a fairer opportunity for the

31 people of the region to share the quality of life generally enjoyed by

32 citizens across the United States.

33 § 14102. Definitions

34 (a) DEFINITIONS.—In this subtitle—

35 (1) APPALACHIAN REGION.—The term ‘‘Appalachian region’’ means

36 that area of the eastern United States consisting of the following counties

37 (including any political subdivision located within the area):

38 (A) In Alabama, the counties of Bibb, Blount, Calhoun, Cham39 bers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De

40 Kalb, Elmore, Etowah, Fayette, Franklin, Hale, Jackson, Jefferson,

41 Lamar, Lauderdale, Lawrence, Limestone, Macon, Madison, Mar-
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1 ion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby,

2 Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston.

3 (B) In Georgia, the counties of Banks, Barrow, Bartow, Carroll,

4 Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Elbert,

5 Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett,

6 Habersham, Hall, Haralson, Hart, Heard, Jackson, Lumpkin,

7 Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens,

8 Towns, Union, Walker, White, and Whitfield.

9 (C) In Kentucky, the counties of Adair, Bath, Bell, Boyd,

10 Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland,

11 Edmonson, Elliott, Estill, Fleming, Floyd, Garrard, Green,

12 Greenup, Harlan, Hart, Jackson, Johnson, Knott, Knox, Laurel,

13 Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison,

14 Magoffin, Martin, Menifee, Monroe, Montgomery, Morgan, Owsley,

15 Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne,

16 Whitley, and Wolfe.

17 (D) In Maryland, the counties of Allegany, Garrett, and Wash18 ington.

19 (E) In Mississippi, the counties of Alcorn, Benton, Calhoun,

20 Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Mar21 shall, Monroe, Montgomery, Noxubee, Oktibbeha, Panola, Pontotoc,

22 Prentiss, Tippah, Tishomingo, Union, Webster, Winston, and

23 Yalobusha.

24 (F) In New York, the counties of Allegany, Broome, Cattaraugus,

25 Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego,

26 Schoharie, Schuyler, Steuben, Tioga, and Tompkins.

27 (G) In North Carolina, the counties of Alexander, Alleghany,

28 Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie,

29 Forsyth, Graham, Haywood, Henderson, Jackson, McDowell,

30 Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,

31 Transylvania, Watauga, Wilkes, Yadkin, and Yancey.

32 (H) In Ohio, the counties of Adams, Athens, Belmont, Brown,

33 Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Har34 rison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence,

35 Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross,

36 Scioto, Tuscarawas, Vinton, and Washington.

37 (I) In Pennsylvania, the counties of Allegheny, Armstrong, Bea38 ver, Bedford, Blair, Bradford, Butler, Cambria, Cameron, Carbon,

39 Centre, Clarion, Clearfield, Clinton, Columbia, Crawford, Elk, Erie,

40 Fayette, Forest, Fulton, Greene, Huntingdon, Indiana, Jefferson,

41 Juniata, Lackawanna, Lawrence, Luzerne, Lycoming, McKean,
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1 Mercer, Mifflin, Monroe, Montour, Northumberland, Perry, Pike,

2 Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga,

3 Union, Venango, Warren, Washington, Wayne, Westmoreland, and

4 Wyoming.

5 (J) In South Carolina, the counties of Anderson, Cherokee, Green6 ville, Oconee, Pickens, and Spartanburg.

7 (K) In Tennessee, the counties of Anderson, Bledsoe, Blount,

8 Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee,

9 Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene,

10 Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jeffer11 son, Johnson, Knox, Loudon, McMinn, Macon, Marion, Meigs, Mon12 roe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott,

13 Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren,

14 Warren, Washington, and White.

15 (L) In Virginia, the counties of Alleghany, Bath, Bland,

16 Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Gray17 son, Highland, Lee, Montgomery, Pulaski, Rockbridge, Russell,

18 Scott, Smyth, Tazewell, Washington, Wise, and Wythe.

19 (M) All the counties of West Virginia.

20 (2) LOCAL DEVELOPMENT DISTRICT.—The term ‘‘local development

21 district’’ means any of the following entities for which the Governor of

22 the State in which the entity is located, or the appropriate state officer,

23 certifies to the Appalachian Regional Commission that the entity has a

24 charter or authority that includes the economic development of counties

25 or parts of counties or other political subdivisions within the region:

26 (A) a nonprofit incorporated body organized or chartered under

27 the law of the State in which it is located.

28 (B) a nonprofit agency or instrumentality of a state or local gov29 ernment.

30 (C) a nonprofit agency or instrumentality created through an

31 interstate compact.

32 (D) a nonprofit association or combination of bodies, agencies,

33 and instrumentalities described in this paragraph.

34 (b) CHANGE IN DEFINITION.—The Commission may not propose or con35 sider a recommendation for any change in the definition of the Appalachian

36 region as set forth in this section without a prior resolution by the Committee

37 on Environment and Public Works of the Senate or the Committee on Trans38 portation and Infrastructure of the House of Representatives that directs a

39 study of the change.

40 CHAPTER 143—APPALACHIAN REGIONAL COMMISSION

SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

Sec.
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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.

1 SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION

2 § 14301. Establishment, membership, and employees

3 (a) ESTABLISHMENT.—There is an Appalachian Regional Commission.

4 (b) MEMBERSHIP.—

5 (1) FEDERAL AND STATE MEMBERS.—The Commission is composed of

6 the Federal Cochairman, appointed by the President by and with the ad7 vice and consent of the Senate, and the Governor of each participating

8 State in the Appalachian region.

9 (2) ALTERNATE MEMBERS.—Each state member may have a single al10 ternate, appointed by the Governor from among the members of the Gov11 ernor’s cabinet or the Governor’s personal staff. The President, by and

12 with the advice and consent of the Senate, shall appoint an alternate for

13 the Federal Cochairman. An alternate shall vote in the event of the ab14 sence, death, disability, removal, or resignation of the member for whom

15 the individual is an alternate. A state alternate shall not be counted to16 ward the establishment of a quorum of the Commission when a quorum

17 of the state members is required.

18 (3) COCHAIRMEN.—The Federal Cochairman is one of the two Co19 chairmen of the Commission. The state members shall elect a Cochairman

20 of the Commission from among themselves for a term of not less than

21 one year.

22 (c) COMPENSATION.—The Federal Cochairman shall be compensated by the

23 Federal Government at level III of the Executive Schedule as set out in section

24 5314 of title 5. The Federal Cochairman’s alternate shall be compensated by

25 the Government at level V of the Executive Schedule as set out in section 5316

26 of title 5. Each state member and alternate shall be compensated by the State

27 which they represent at the rate established by law of that State.

28 (d) DELEGATION.—

29 (1) POWERS AND RESPONSIBILITIES.—Commission powers and re30 sponsibilities specified in section 14302(c) and (d) of this title, and the

31 vote of any Commission member, may not be delegated to an individual

32 who is not a Commission member or who is not entitled to vote in Com33 mission meetings.
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1 (2) ALTERNATE FEDERAL COCHAIRMAN.—The alternate to the Federal

2 Cochairman shall perform the functions and duties the Federal Cochair3 man delegates when not actively serving as the alternate.

4 (e) EXECUTIVE DIRECTOR.—The Commission has an executive director.

5 The executive director is responsible for carrying out the administrative func6 tions of the Commission, for directing the Commission staff, and for other du7 ties the Commission may assign.

8 (f) STATUS OF PERSONNEL.—Members, alternates, officers, and employees

9 of the Commission are not federal employees for any purpose, except the Fed10 eral Cochairman, the alternate to the Federal Cochairman, the staff of the

11 Federal Cochairman, and federal employees detailed to the Commission under

12 section 14306(a)(3) of this title.

13 § 14302. Decisions

14 (a) REQUIREMENTS FOR APPROVAL.—Except as provided in section

15 14306(d) of this title, decisions by the Appalachian Regional Commission re16 quire the affirmative vote of the Federal Cochairman and of a majority of

17 the state members, exclusive of members representing States delinquent under

18 section 14306(d).

19 (b) CONSULTATION.—In matters coming before the Commission, the Federal

20 Cochairman, to the extent practicable, shall consult with the federal depart21 ments and agencies having an interest in the subject matter.

22 (c) DECISIONS REQUIRING QUORUM OF STATE MEMBERS.—A decision in23 volving Commission policy, approval of state, regional or subregional develop24 ment plans or strategy statements, modification or revision of the Appa25 lachian Regional Commission Code, allocation of amounts among the States,

26 or designation of a distressed county or an economically strong county shall

27 not be made without a quorum of state members.

28 (d) PROJECT AND GRANT PROPOSALS.—The approval of project and grant

29 proposals is a responsibility of the Commission and shall be carried out in

30 accordance with section 14322 of this title.

31 § 14303. Functions

32 (a) IN GENERAL.—In carrying out the purposes of this subtitle, the Appa33 lachian Regional Commission shall—

34 (1) develop, on a continuing basis, comprehensive and coordinated

35 plans and programs and establish priorities under those plans and pro36 grams, giving due consideration to other federal, state, and local plan37 ning in the Appalachian region;

38 (2) conduct and sponsor investigations, research, and studies, includ39 ing an inventory and analysis of the resources of the region, and, in co40 operation with federal, state, and local agencies, sponsor demonstration

41 projects designed to foster regional productivity and growth;
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1 (3) review and study, in cooperation with the agency involved, federal,

2 state, and local public and private programs and, where appropriate,

3 recommend modifications or additions which will increase their effective4 ness in the region;

5 (4) formulate and recommend, where appropriate, interstate compacts

6 and other forms of interstate cooperation and work with state and local

7 agencies in developing appropriate model legislation;

8 (5) encourage the formation of, and support, local development dis9 tricts;

10 (6) encourage private investment in industrial, commercial, and rec11 reational projects;

12 (7) serve as a focal point and coordinating unit for Appalachian pro13 grams;

14 (8) provide a forum for consideration of problems of the region and

15 proposed solutions and establish and utilize, as appropriate, citizens and

16 special advisory councils and public conferences;

17 (9) encourage the use of eco-industrial development technologies and

18 approaches; and

19 (10) seek to coordinate the economic development activities of, and the

20 use of economic development resources by, federal agencies in the region.

21 (b) IDENTIFY NEEDS AND GOALS OF SUBREGIONAL AREAS.—In carrying

22 out its functions under this section, the Commission shall identify the charac23 teristics of, and may distinguish between the needs and goals of, appropriate

24 subregional areas, including central, northern, and southern Appalachia.

25 § 14304. Recommendations

26 The Appalachian Regional Commission may make recommendations to the

27 President and to the Governors and appropriate local officials with respect

28 to—

29 (1) the expenditure of amounts by federal, state, and local departments

30 and agencies in the Appalachian region in the fields of natural resources,

31 agriculture, education, training, and health and welfare and in other

32 fields related to the purposes of this subtitle; and

33 (2) additional federal, state, and local legislation or administrative ac34 tions as the Commission considers necessary to further the purposes of

35 this subtitle.

36 § 14305. Liaison between Federal Government and Commis37 sion

38 (a) PRESIDENT.—The President shall provide effective and continuing liai39 son between the Federal Government and the Appalachian Regional Commis40 sion and a coordinated review within the Government of the plans and rec-
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1 ommendations submitted by the Commission pursuant to sections 14303 and

2 14304 of this title.

3 (b) INTERAGENCY COORDINATING COUNCIL ON APPALACHIA.—In carrying

4 out subsection (a), the President shall establish the Interagency Coordinating

5 Council on Appalachia, to be composed of the Federal Cochairman and rep6 resentatives of federal agencies that carry out economic development programs

7 in the Appalachian region. The Federal Cochairman is the Chairperson of the

8 Council.

9 § 14306. Administrative powers and expenses

10 (a) POWERS.—To carry out its duties under this subtitle, the Appalachian

11 Regional Commission may—

12 (1) adopt, amend, and repeal bylaws and regulations governing the

13 conduct of its business and the performance of its functions;

14 (2) appoint and fix the compensation of an executive director and

15 other personnel as necessary to enable the Commission to carry out its

16 functions, except that the compensation shall not exceed the maximum

17 rate of basic pay for the Senior Executive Service under section 5382

18 of title 5, including any applicable locality-based comparability payment

19 that may be authorized under section 5304(h)(2)(C) of title 5;

20 (3) request the head of any federal department or agency to detail to

21 temporary duty with the Commission personnel within the administra22 tive jurisdiction of the head of the department or agency that the Com23 mission may need for carrying out its functions, each detail to be with24 out loss of seniority, pay, or other employee status;

25 (4) arrange for the services of personnel from any state or local gov26 ernment, subdivision or agency of a state or local government, or inter27 governmental agency;

28 (5)(A) make arrangements, including contracts, with any partici29 pating state government for inclusion in a suitable retirement and em30 ployee benefit system of Commission personnel who may not be eligible

31 for, or continue in, another governmental retirement or employee benefit

32 system; or

33 (B) otherwise provide for coverage of its personnel;

34 (6) accept, use, and dispose of gifts or donations of services or any

35 property;

36 (7) enter into and perform contracts, leases (including the lease of of37 fice space for any term), cooperative agreements, or other transactions,

38 necessary in carrying out its functions, on terms as it may consider ap39 propriate, with any—

40 (A) department, agency, or instrumentality of the Federal Gov41 ernment;
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1 (B) State or political subdivision, agency, or instrumentality of

2 a State; or

3 (C) person;

4 (8) maintain a temporary office in the District of Columbia and es5 tablish a permanent office at a central and appropriate location it may

6 select and field offices at other places it may consider appropriate; and

7 (9) take other actions and incur other expenses as may be necessary

8 or appropriate.

9 (b) AUTHORIZATIONS.—

10 (1) DETAIL EMPLOYEES.—The head of a federal department or agency

11 may detail personnel under subsection (a)(3).

12 (2) ENTER INTO AND PERFORM TRANSACTIONS.—A department, agen13 cy, or instrumentality of the Government, to the extent not otherwise pro14 hibited by law, may enter into and perform a contract, lease, cooperative

15 agreement, or other transaction under subsection (a)(7).

16 (c) RETIREMENT AND OTHER EMPLOYEE BENEFIT PROGRAMS.—The Di17 rector of the Office of Personnel Management may contract with the Commis18 sion for continued coverage of Commission employees, if the employees are fed19 eral employees when they begin Commission employment, in the retirement

20 program and other employee benefit programs of the Government.

21 (d) EXPENSES.—Administrative expenses of the Commission shall be paid

22 equally by the Government and the States in the Appalachian region, except

23 that the expenses of the Federal Cochairman, the alternate to the Federal Co24 chairman, and the staff of the Federal Cochairman shall be paid only by the

25 Government. The Commission shall determine the amount to be paid by each

26 State. The Federal Cochairman shall not participate or vote in that deter27 mination. Assistance authorized by this subtitle shall not be furnished to any

28 State or to any political subdivision or any resident of any State, and a state

29 member of the Commission shall not participate or vote in any decision by

30 the Commission, while the State is delinquent in payment of its share of ad31 ministrative expenses.

32 § 14307. Meetings

33 (a) IN GENERAL.—The Appalachian Regional Commission shall conduct at

34 least one meeting each year with the Federal Cochairman and at least a ma35 jority of the state members present.

36 (b) ADDITIONAL MEETINGS BY ELECTRONIC MEANS.—The Commission

37 may conduct additional meetings by electronic means as the Commission con38 siders advisable, including meetings to decide matters requiring an affirma39 tive vote.
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1 § 14308. Information

2 (a) ACTIONS OF COMMISSION.—To obtain information needed to carry out

3 its duties, the Appalachian Regional Commission shall—

4 (1) hold hearings, sit and act at times and places, take testimony, re5 ceive evidence, and print or otherwise reproduce and distribute so much

6 of its proceedings and reports on the proceedings as the Commission may

7 deem advisable;

8 (2) arrange for the head of any federal, state, or local department or

9 agency to furnish to the Commission information as may be available

10 to or procurable by the department or agency; and

11 (3) keep accurate and complete records of its doings and transactions

12 which shall be made available for—

13 (A) public inspection; and

14 (B) audit and examination by the Comptroller General or an au15 thorized representative of the Comptroller General.

16 (b) AUTHORIZATIONS.—

17 (1) ADMINISTER OATHS.—A Cochairman of the Commission, or any

18 member of the Commission designated by the Commission, may admin19 ister oaths when the Commission decides that testimony shall be taken

20 or evidence received under oath.

21 (2) FURNISH INFORMATION.—The head of any federal, state, or local

22 department or agency, to the extent not otherwise prohibited by law, may

23 carry out section (a)(2).

24 (c) PUBLIC PARTICIPATION.—Public participation in the development, revi25 sion, and implementation of all plans and programs under this subtitle by

26 the Commission, any State, or any local development district shall be pro27 vided for, encouraged, and assisted. The Commission shall develop and pub28 lish regulations specifying minimum guidelines for public participation, in29 cluding public hearings.

30 § 14309. Personal financial interests

31 (a) CONFLICT OF INTEREST.—

32 (1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an

33 individual who is a state member or alternate, or an officer or employee

34 of the Appalachian Regional Commission, shall not participate person35 ally and substantially as a member, alternate, officer, or employee in

36 any way in any particular matter in which, to the individual’s knowl37 edge, any of the following has a financial interest:

38 (A) the individual.

39 (B) the individual’s spouse, minor child, or partner.
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1 (C) an organization (except a State or political subdivision of a

2 State) in which the individual is serving as an officer, director,

3 trustee, partner, or employee.

4 (D) any person or organization with whom the individual—

5 (i) is serving as an officer, director, trustee, partner, or em6 ployee; or

7 (ii) is negotiating or has any arrangement concerning pro8 spective employment.

9 (2) EXCEPTION.—Paragraph (1) does not apply if the individual first

10 advises the Commission of the nature and circumstances of the particular

11 matter and makes full disclosure of the financial interest and receives

12 in advance a written decision of the Commission that the interest is not

13 so substantial as to be considered likely to affect the integrity of the serv14 ices which the Commission may expect from the individual.

15 (3) CRIMINAL PENALTY.—An individual violating this subsection shall

16 be fined under title 18, imprisoned for not more than two years, or both.

17 (b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—

18 (1) STATE MEMBER OR ALTERNATE.—A state member or alternate

19 may not receive any salary, or any contribution to, or supplementation

20 of, salary, for services on the Commission from a source other than the

21 State of the member or alternate.

22 (2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed

23 to serve the Commission under section 14306(a)(4) of this title may not

24 receive any salary, or any contribution to, or supplementation of, salary,

25 for services on the Commission from a source other than the state, local,

26 or intergovernmental department or agency from which the individual

27 was detailed or from the Commission.

28 (3) CRIMINAL PENALTY.—An individual violating this subsection shall

29 be fined under title 18, imprisoned for not more than one year, or both.

30 (c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND

31 FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the alter32 nate to the Federal Cochairman, and any federal officer or employee detailed

33 to duty with the Commission under section 14306(a)(3) of this title are not

34 subject to this section but remain subject to sections 202–209 of title 18.

35 (d) RESCISSION.—The Commission may declare void and rescind any con36 tract, loan, or grant of or by the Commission in relation to which it finds

37 that there has been a violation of subsection (a)(1) or (b) of this section or

38 any of the provisions of sections 202–209 of title 18.

39 § 14310. Annual report

40 Not later than six months after the close of each fiscal year, the Appa41 lachian Regional Commission shall prepare and submit to the Governor of
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1 each State in the Appalachian region and to the President, for transmittal

2 to Congress, a report on the activities carried out under this subtitle during

3 the fiscal year.

4 SUBCHAPTER II—FINANCIAL ASSISTANCE

5 § 14321. Grants and other assistance

6 (a) AUTHORIZATION TO MAKE GRANTS.—

7 (1) IN GENERAL.—The Appalachian Regional Commission may make

8 grants—

9 (A) for administrative expenses, including the development of

10 areawide plans or action programs and technical assistance activi11 ties, of local development districts, but—

12 (i) the amount of a grant shall not exceed 50 percent of ad13 ministrative expenses or, at the discretion of the Commission,

14 75 percent of administrative expenses if the grant is to a local

15 development district that has a charter or authority that in16 cludes the economic development of a county or part of a coun17 ty for which a distressed county designation is in effect under

18 section 14526 of this title;

19 (ii) grants for administrative expenses shall not be made for

20 a state agency certified as a local development district for a

21 period of more than three years beginning on the date the ini22 tial grant is made for the development district; and

23 (iii) the local development district contributions for adminis24 trative expenses may be in cash or in kind, fairly evaluated,

25 including space, equipment, and services;

26 (B) for assistance to States for a period of not more than two

27 years to strengthen the state development planning process for the

28 Appalachian region and the coordination of state planning under

29 this subtitle, the Public Works and Economic Development Act of

30 1965 (42 U.S.C. 3121 et seq.), and other federal and state programs;

31 and

32 (C) for investigation, research, studies, evaluations, and assess33 ments of needs, potentials, or attainments of the people of the region,

34 technical assistance, training programs, demonstrations, and the

35 construction of necessary facilities incident to those activities, which

36 will further the purposes of this subtitle.

37 (2) LIMITATION ON AVAILABLE AMOUNTS.—

38 (A) IN GENERAL.—Except as provided in subparagraph (B), not

39 more than 50 percent (or 80 percent in the case of a project to be

40 carried out in a county for which a distressed county designation

41 is in effect under section 14526 of this title) of the cost of any activ-
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1 ity eligible for financial assistance under this section may be pro2 vided from amounts appropriated to carry out this subtitle.

3 (B) DISCRETIONARY GRANTS.—

4 (i) GRANTS TO WHICH PERCENTAGE LIMITATION DOESN’T

5 APPLY.—Discretionary grants made by the Commission to im6 plement significant regional initiatives, to take advantage of

7 special development opportunities, or to respond to emergency

8 economic distress in the region may be made without regard

9 to the percentage limitations specified in subparagraph (A).

10 (ii) LIMITATION ON AGGREGATE AMOUNT.—For each fiscal

11 year, the aggregate amount of discretionary grants referred to

12 in clause (i) shall not be more than 10 percent of the amount

13 appropriated under section 14703 of this title for the fiscal

14 year.

15 (3) SOURCES OF GRANTS.—Grant amounts may be provided entirely

16 from appropriations to carry out this section, in combination with

17 amounts available under other federal or federal grant programs, or from

18 any other source.

19 (4) FEDERAL SHARE.—Notwithstanding any law limiting the federal

20 share in any other federal or federal grant program, amounts appro21 priated to carry out this section may be used to increase that federal

22 share, as the Commission decides is appropriate.

23 (b) ASSISTANCE FOR DEMONSTRATIONS OF ENTERPRISE DEVELOPMENT.—

24 (1) IN GENERAL.—The Commission may provide assistance under this

25 section for demonstrations of enterprise development, including site ac26 quisition or development where necessary for the feasibility of the project,

27 in connection with the development of the region’s energy resources and

28 the development and stimulation of indigenous arts and crafts of the re29 gion.

30 (2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the pur31 poses of this subtitle and in implementing this section, the Secretary of

32 Energy, the Environmental Protection Agency, and other federal agencies

33 shall cooperate with the Commission and shall provide assistance that

34 the Federal Cochairman may request.

35 (3) AVAILABLE AMOUNTS.—In any fiscal year, not more than—

36 (A) $3,000,000 shall be obligated for energy resource related dem37 onstrations; and

38 (B) $2,500,000 shall be obligated for indigenous arts and crafts

39 demonstrations.

40 (c) RECORDS.—
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1 (1) COMMISSION.—The Commission, as required by the President,

2 shall maintain accurate and complete records of transactions and activi3 ties financed with federal amounts and report to the President on the

4 transactions and activities. The records of the Commission with respect

5 to grants are available for audit by the President and the Comptroller

6 General.

7 (2) RECIPIENTS OF FEDERAL ASSISTANCE.—Recipients of federal as8 sistance under this section, as required by the Commission, shall main9 tain accurate and complete records of transactions and activities fi10 nanced with federal amounts and report to the Commission on the trans11 actions and activities. The records are be available for audit by the

12 President, the Comptroller General, and the Commission.

13 § 14322. Approval of development plans, strategy statements,

14 and projects

15 (a) ANNUAL REVIEW AND APPROVAL REQUIRED.—The Appalachian Re16 gional Commission annually shall review and approve, in accordance with

17 section 14302 of this title, state and regional development plans and strategy

18 statements, and any multistate subregional plans which may be developed.

19 (b) APPLICATION PROCESS.—An application for a grant or for other assist20 ance for a specific project under this subtitle shall be made through the state

21 member of the Commission representing the applicant. The state member shall

22 evaluate the application for approval. To be approved, the state member must

23 certify, and the Federal Cochairman must determine, that the application—

24 (1) implements the Commission-approved state development plan;

25 (2) is included in the Commission-approved strategy statement;

26 (3) adequately ensures that the project will be properly administered,

27 operated, and maintained; and

28 (4) otherwise meets the requirements for assistance under this subtitle.

29 (c) AFFIRMATIVE VOTE REQUIREMENT DEEMED MET.—After the appro30 priate state development plan and strategy statement are approved, certifi31 cation by a state member, when joined by an affirmative vote of the Federal

32 Cochairman, is deemed to satisfy the requirements for affirmative votes for

33 decisions under section 14302(a) of this title.

34 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.
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14522. Consent of States.

14523. Program implementation.

14524. Program development criteria.

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 re5 gion, 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, in12 dustrial, 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 development

20 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, each

27 development highway not already on the Federal-aid primary system shall be

28 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 spe32 cial preference to the use of materials and products indigenous to the Ap33 palachian region.

34 (2) COAL DERIVATIVES.—For research and development in the use of

35 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 10

38 percent of the roads authorized under this subtitle.
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1 (e) FEDERAL SHARE.—Federal assistance to any construction project under

2 this section shall not be more than 80 percent of the cost of the project.

3 (f) CONSTRUCTION WITHOUT FEDERAL AMOUNTS.—

4 (1) PAYMENT OF FEDERAL SHARE.—When a participating State con5 structs a segment of a development highway without the aid of federal

6 amounts and the construction is in accordance with all procedures and

7 requirements applicable to the construction of segments of Appalachian

8 development highways with those amounts, except for procedures and re9 quirements that limit a State to the construction of projects for which

10 federal amounts have previously been appropriated, the Secretary, on ap11 plication by the State and with the approval of the Commission, may

12 pay to the State the federal share, which shall not be more than 80 per13 cent of the cost of the construction of the segment, from any amounts ap14 propriated and allocated to the State to carry out this section.

15 (2) NO COMMITMENT OR OBLIGATION.—This subsection does not com16 mit or obligate the Federal Government to provide amounts for segments

17 of development highways constructed under this subsection.

18 (g) APPLICATION OF TITLE 23.—

19 (1) SECTIONS 106(a) AND 118.—Sections 106(a) and 118 of title 23

20 apply to the development highway system and the local access roads.

21 (2) CONSTRUCTION AND MAINTENANCE.—States are required to main22 tain each development highway and local access road as provided for

23 Federal-aid highways in title 23. All other provisions of title 23 that are

24 applicable to the construction and maintenance of Federal-aid primary

25 and secondary highways and which the Secretary decides are not incon26 sistent with this subtitle shall apply to the system and roads, respec27 tively.

28 § 14502. Demonstration health projects

29 (a) PURPOSE.—To demonstrate the value of adequate health facilities and

30 services to the economic development of the Appalachian region, the Secretary

31 of Health and Human Services may make grants for the planning, construc32 tion, equipment, and operation of multi-county demonstration health, nutri33 tion, and child care projects, including hospitals, regional health diagnostic

34 and treatment centers, and other facilities and services necessary for the pur35 poses of this section.

36 (b) PLANNING GRANTS.—

37 (1) AUTHORITY TO PROVIDE AMOUNTS AND MAKE GRANTS.—The Sec38 retary may provide amounts to the Appalachian Regional Commission

39 for the support of its Health Advisory Committee and may make grants

40 for expenses of planning necessary for the development and operation of

41 demonstration health projects for the region.
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1 (2) LIMITATION ON AVAILABLE AMOUNTS.—The amount of a grant

2 under this section for planning shall not be more than 75 percent of ex3 penses.

4 (3) SOURCES OF ASSISTANCE.—The federal contribution may be pro5 vided entirely from amounts authorized under this section or in com6 bination with amounts provided under other federal or federal grant pro7 grams.

8 (4) FEDERAL SHARE.—Notwithstanding any provision of law limiting

9 the federal share in those other programs, amounts appropriated to carry

10 out this section may be used to increase the federal share to the max11 imum percentage cost of a grant authorized by this subsection.

12 (c) CONSTRUCTION AND EQUIPMENT GRANTS.—

13 (1) ADDITIONAL USES FOR CONSTRUCTION GRANTS.—Grants under

14 this section for construction may also be used for—

15 (A) the acquisition of privately owned facilities—

16 (i) not operated for profit; or

17 (ii) previously operated for profit if the Commission finds

18 that health services would not otherwise be provided in the area

19 served by the facility if the acquisition is not made; and

20 (B) initial equipment.

21 (2) STANDARDS FOR MAKING GRANTS.—Grants under this section for

22 construction shall be made in accordance with section 14523 of this title

23 and shall not be incompatible with the applicable provisions of title VI

24 of the Public Health Service Act (42 U.S.C. 291 et seq.), the Develop25 mental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C.

26 15001 et seq.), and other laws authorizing grants for the construction of

27 health-related facilities, without regard to any provisions in those laws

28 relating to appropriation authorization ceilings or to allotments among

29 the States.

30 (3) LIMITATION ON AVAILABLE AMOUNTS.—A grant for the construc31 tion or equipment of any component of a demonstration health project

32 shall not be more than 80 percent of the cost.

33 (4) SOURCES OF ASSISTANCE.—The federal contribution may be pro34 vided entirely from amounts authorized under this section or in com35 bination with amounts provided under other federal grant programs for

36 the construction or equipment of health-related facilities.

37 (5) FEDERAL SHARE.—Notwithstanding any provision of law limiting

38 the federal share in those other programs, amounts authorized under this

39 section may be used to increase federal grants for component facilities

40 of a demonstration health project to a maximum of 80 percent of the cost

41 of the facilities.
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1 (d) OPERATION GRANTS.—

2 (1) STANDARDS FOR MAKING GRANTS.—A grant for the operation of

3 a demonstration health project shall not be made—

4 (A) unless the facility is publicly owned, or owned by a public

5 or private nonprofit organization, and is not operated for profit;

6 (B) after five years following the commencement of the initial

7 grant for operation of the project, except that child development

8 demonstrations assisted under this section during fiscal year 1979

9 may be approved under section 14322 of this title for continued sup10 port beyond that period, on request of the State, if the Commission

11 finds that no federal, state, or local amounts are available to con12 tinue the project; and

13 (C) unless the Secretary of Health and Human Services is satis14 fied that the operation of the project will be conducted under effi15 cient management practices designed to obviate operating deficits.

16 (2) LIMITATION ON AVAILABLE AMOUNTS.—Grants under this section

17 for the operation (including initial operating amounts and operating

18 deficits, which include the cost of attracting, training, and retaining

19 qualified personnel) of a demonstration health project, whether or not

20 constructed with amounts authorized by this section, may be made for

21 up to 50 percent of the cost of that operation (or 80 percent of the cost

22 of that operation for a project to be carried out in a county for which

23 a distressed county designation is in effect under section 14526 of this

24 title).

25 (3) SOURCES OF ASSISTANCE.—The federal contribution may be pro26 vided entirely from amounts appropriated to carry out this section or

27 in combination with amounts provided under other federal grant pro28 grams for the operation of health related facilities and the provision of

29 health and child development services, including parts A and B of title

30 IV and title XX of the Social Security Act (42 U.S.C. 601 et seq., 620

31 et seq., 1397 et seq.).

32 (4) FEDERAL SHARE.—Notwithstanding any provision of law limiting

33 the federal share in those other programs, amounts appropriated to carry

34 out this section may be used to increase federal grants for operating com35 ponents of a demonstration health project to the maximum percentage

36 cost of a grant authorized by this subsection.

37 (5) STATE DEEMED TO MEET REQUIREMENT OF PROVIDING ASSIST38 ANCE OR SERVICES ON STATEWIDE BASIS.—Notwithstanding any provi39 sion of the Social Security Act (42 U.S.C. 301 et seq.) requiring assist40 ance or services on a statewide basis, a State providing assistance or

41 services under a federal grant program described in paragraph (2) in
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1 any area of the region approved by the Commission is deemed to be

2 meeting that requirement.

3 (e) GRANT SOURCES AND USE OF GRANTS IN COMPUTING ALLOTMENTS.—

4 Grants under this section—

5 (1) shall be made only out of amounts specifically appropriated for

6 the purpose of carrying out this subtitle; and

7 (2) shall not be taken into account in computing allotments among the

8 States under any other law.

9 (f) MAXIMUM COMMISSION CONTRIBUTION.—

10 (1) IN GENERAL.—Subject to paragraph (2), the Commission may con11 tribute not more than 50 percent of any project cost eligible for financial

12 assistance under this section from amounts appropriated to carry out

13 this subtitle.

14 (2) DISTRESSED COUNTIES.—The maximum Commission contribution

15 for a project to be carried out in a county for which a distressed county

16 designation is in effect under section 14526 of this title may be increased

17 to the lesser of—

18 (A) 80 percent; or

19 (B) the maximum federal contribution percentage authorized by

20 this section.

21 (g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—To pro22 vide for the further development of the Appalachian region’s human resources,

23 grants under this section shall give special emphasis to programs and research

24 for the early detection, diagnosis, and treatment of occupational diseases aris25 ing from coal mining, such as black lung.

26 § 14503. Assistance for proposed low- and middle-income

27 housing projects

28 (a) APPALACHIAN HOUSING FUND.—

29 (1) ESTABLISHMENT.—There is an Appalachian Housing Fund.

30 (2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allocated to

31 the Secretary of Housing and Urban Development for the purposes of

32 this section shall be deposited in the Fund. The Secretary shall use the

33 Fund as a revolving fund to carry out those purposes. Amounts in the

34 Fund not needed for current operation may be invested in bonds or other

35 obligations the Federal Government guarantees as to principal and inter36 est. General expenses of administration of this section may be charged

37 to the Fund.

38 (b) PURPOSE.—To encourage and facilitate the construction or rehabilita39 tion of housing to meet the needs of low- and moderate-income families and

40 individuals, the Secretary may make grants and loans from the Fund, under

41 terms and conditions the Secretary may prescribe. The grants and loans may
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1 be made to nonprofit, limited dividend, or cooperative organizations and pub2 lic bodies and are for planning and obtaining federally insured mortgage fi3 nancing or other financial assistance for housing construction or rehabilita4 tion projects for low- and moderate-income families and individuals, in any

5 area of the Appalachian region the Appalachian Regional Commission estab6 lishes, under—

7 (1) section 221 of the National Housing Act (12 U.S.C. 1715l);

8 (2) section 8 of the United States Housing Act of 1937 (42 U.S.C.

9 1437f);

10 (3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485); or

11 (4) any other law of similar purpose administered by the Secretary

12 or any other department, agency, or instrumentality of the Federal Gov13 ernment or a state government.

14 (c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—The Sec15 retary or the Commission may provide amounts to the States for making

16 grants and loans to nonprofit, limited dividend, or cooperative organizations

17 and public bodies for the purposes for which the Secretary may provide

18 amounts under this section.

19 (d) LOANS.—

20 (1) LIMITATION ON AVAILABLE AMOUNTS.—A loan under subsection

21 (b) shall not be more than 50 percent (or 80 percent for a project to be

22 carried out in a county for which a distressed county designation is in

23 effect under section 14526 of this title) of the cost of planning and ob24 taining financing for a project, including preliminary surveys and anal25 yses of market needs, preliminary site engineering and architectural fees,

26 site options, application and mortgage commitment fees, legal fees, and

27 construction loan fees and discounts.

28 (2) INTEREST.—A loan shall be made without interest, except that a

29 loan made to an organization established for profit shall bear interest

30 at the prevailing market rate authorized for an insured or guaranteed

31 loan for that type of project.

32 (3) PAYMENT.—The Secretary shall require payment of a loan made

33 under this section, under terms and conditions the Secretary may re34 quire, no later than on completion of the project. Except for a loan to

35 an organization established for profit, the Secretary may cancel any part

36 of a loan made under this section on determining that a permanent loan

37 to finance the project cannot be obtained in an amount adequate for re38 payment of a loan made under this section.

39 (e) GRANTS.—

40 (1) IN GENERAL.—A grant under this section shall not be made to an

41 organization established for profit and, except as provided in paragraph
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1 (2), shall not exceed 50 percent (or 80 percent for a project to be carried

2 out in a county for which a distressed county designation is in effect

3 under section 14526 of this title) of expenses, incident to planning and

4 obtaining financing for a project, which the Secretary considers not to

5 be recoverable from the proceeds of a permanent loan made to finance

6 the project.

7 (2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—The

8 Secretary may make grants and commitments for grants, and may ad9 vance amounts under terms and conditions the Secretary may require,

10 to nonprofit, limited dividend, or cooperative organizations and public

11 bodies for reasonable site development costs and necessary offsite im12 provements, such as sewer and water line extensions, when the grant,

13 commitment, or advance is essential to the economic feasibility of a hous14 ing construction or rehabilitation project for low- and moderate-income

15 families and individuals which otherwise meets the requirements for as16 sistance under this section. A grant under this paragraph for—

17 (A) the construction of housing shall not be more than 10 percent

18 of the cost of the project; and

19 (B) the rehabilitation of housing shall not be more than 10 per20 cent of the reasonable value of the rehabilitation housing, as deter21 mined by the Secretary.

22 (f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Secretary or

23 the Commission may provide, or contract with public or private organizations

24 to provide, information, advice, and technical assistance with respect to the

25 construction, rehabilitation, and operation by nonprofit organizations of

26 housing for low- or moderate- income families in areas of the region the Com27 mission establishes.

28 (g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects as29 sisted under this section are subject to the provisions cited in section 14701

30 of this title to the extent provided in the laws authorizing assistance for low31 and moderate-income housing.

32 § 14504. Telecommunications and technology initiative

33 (a) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

34 may provide technical assistance, make grants, enter into contracts, or other35 wise provide amounts to persons or entities in the region for projects—

36 (1) to increase affordable access to advanced telecommunications, en37 trepreneurship, and management technologies or applications in the re38 gion;

39 (2) to provide education and training in the use of telecommuni40 cations and technology;
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1 (3) to develop programs to increase the readiness of industry groups

2 and businesses in the region to engage in electronic commerce; or

3 (4) to support entrepreneurial opportunities for businesses in the in4 formation technology sector.

5 (b) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent (or

6 80 percent in the case of a project to be carried out in a county for which

7 a distressed county designation is in effect under section 14526 of this title)

8 of the cost of any activity eligible for a grant under this section may be pro9 vided from amounts appropriated to carry out this section.

10 (c) SOURCES OF ASSISTANCE.—Assistance under this section may be pro11 vided entirely from amounts made available to carry out this section, in com12 bination with amounts made available under other federal programs, or from

13 any other source.

14 (d) 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 Com17 mission decides is appropriate.

18 § 14505. Entrepreneurship initiative

19 (a) BUSINESS INCUBATOR SERVICE.—In this section, the term ‘‘business

20 incubator service’’ means a professional or technical service necessary for the

21 initiation and initial sustainment of the operations of a newly established

22 business, including a service such as—

23 (1) a legal service, including aid in preparing a corporate charter,

24 partnership agreement, or basic contract;

25 (2) a service in support of the protection of intellectual property

26 through a patent, a trademark, or any other means;

27 (3) a service in support of the acquisition and use of advanced tech28 nology, including the use of Internet services and Web-based services; and

29 (4) consultation on strategic planning, marketing, or advertising.

30 (b) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

31 may provide technical assistance, make grants, enter into contracts, or other32 wise provide amounts to persons or entities in the region for projects—

33 (1) to support the advancement of, and provide, entrepreneurial train34 ing and education for youths, students, and businesspersons;

35 (2) to improve access to debt and equity capital by such means as fa36 cilitating the establishment of development venture capital funds;

37 (3) to aid communities in identifying, developing, and implementing

38 development strategies for various sectors of the economy;

39 (4) to develop a working network of business incubators; and

40 (5) to support entities that provide business incubator services.
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1 (c) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent (or

2 80 percent in the case of a project to be carried out in a county for which

3 a distressed county designation is in effect under section 14526 of this title)

4 of the cost of any activity eligible for a grant under this section may be pro5 vided from amounts appropriated to carry out this section.

6 (d) SOURCES OF ASSISTANCE.—Assistance under this section may be pro7 vided entirely from amounts made available to carry out this section, in com8 bination with amounts made available under other federal programs, or from

9 any other source.

10 (e) FEDERAL SHARE.—Notwithstanding any provision of law limiting the

11 federal share under any other federal program, amounts made available to

12 carry out this section may be used to increase that federal share, as the Com13 mission decides is appropriate.

14 § 14506. Regional skills partnerships

15 (a) ELIGIBLE ENTITY.—In this section, the term ‘‘eligible entity’’ means

16 a consortium that—

17 (1) is established to serve one or more industries in a specified geo18 graphic area; and

19 (2) consists of representatives of—

20 (A) businesses (or a nonprofit organization that represents busi21 nesses);

22 (B) labor organizations;

23 (C) State and local governments; or

24 (D) educational institutions.

25 (b) PROJECTS TO BE ASSISTED.—The Appalachian Regional Commission

26 may provide technical assistance, make grants, enter into contracts, or other27 wise provide amounts to eligible entities in the region for projects to improve

28 the job skills of workers for a specified industry, including projects for—

29 (1) the assessment of training and job skill needs for the industry;

30 (2) the development of curricula and training methods, including, in

31 appropriate cases, electronic learning or technology-based training;

32 (3) the identification of training providers;

33 (4) the development of partnerships between the industry and edu34 cational institutions, including community colleges;

35 (5) the development of apprenticeship programs;

36 (6) the development of training programs for workers, including dis37 located workers; and

38 (7) the development of training plans for businesses.

39 (c) ADMINISTRATIVE COSTS.— An eligible entity may use not more than

40 10 percent of amounts made available to the eligible entity under subsection
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1 (b) to pay administrative costs associated with the projects described in sub2 section (b).

3 (d) LIMITATION ON AVAILABLE AMOUNTS.—Not more than 50 percent (or

4 80 percent in the case of a project to be carried out in a county for which

5 a distressed county designation is in effect under section 14526 of this title)

6 of the cost of any activity eligible for a grant under this section may be pro7 vided from amounts appropriated to carry out this section.

8 (e) SOURCES OF ASSISTANCE.—Assistance under this section may be pro9 vided entirely from amounts made available to carry out this section, in com10 bination with amounts made available under other federal programs, or from

11 any other source.

12 (f) 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 Com15 mission decides is appropriate.

16 § 14507. Supplements to federal grant programs

17 (a) DEFINITION.—

18 (1) FEDERAL GRANT PROGRAMS.—In this section, the term ‘‘federal

19 grant programs’’—

20 (A) means any federal grant program that provides assistance for

21 the acquisition or development of land, the construction or equip22 ment of facilities, or other community or economic development or

23 economic adjustment activities, including a federal grant program

24 authorized by—

25 (i) the Consolidated Farm and Rural Development Act (7

26 U.S.C. 1921 et seq.);

27 (ii) the Land and Water Conservation Fund Act of 1965 (16

28 U.S.C. 460l–4 et seq.);

29 (iii) the Watershed Protection and Flood Prevention Act (16

30 U.S.C. 1001 et seq.);

31 (iv) the Carl D. Perkins Vocational and Technical Edu32 cation Act of 1998 (20 U.S.C. 2301 et seq.);

33 (v) the Federal Water Pollution Control Act (33 U.S.C. 1251

34 et seq.) (known as the Clean Water Act);

35 (vi) title VI of the Public Health Services Act (42 U.S.C. 291

36 et seq.);

37 (vii) sections 201 and 209 of the Public Works and Eco38 nomic Development Act of 1965 (42 U.S.C. 3141, 3149);

39 (viii) title I of the Housing and Community Development

40 Act of 1974 (42 U.S.C. 5301 et seq.); and
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1 (ix) part IV of title III of the Communications Act of 1934

2 (47 U.S.C. 390 et seq.); but

3 (B) does not include—

4 (i) the program for the construction of the development high5 way system authorized by section 14501 of this title or any

6 other program relating to highway or road construction au7 thorized by title 23; or

8 (ii) any other program to the extent that financial assistance

9 other than a grant is authorized.

10 (2) CERTAIN SEWAGE TREATMENT WORKS DEEMED CONSTRUCTED

11 WITH FEDERAL GRANT ASSISTANCE.—For the purpose of this section,

12 any sewage treatment works constructed pursuant to title II of the Fed13 eral Water Pollution Control Act (33 U.S.C. 1281 et seq.) (known as the

14 Clean Water Act) without federal grant assistance under that title is

15 deemed to be constructed with that assistance.

16 (b) PURPOSE.—To enable the people, States, and local communities of the

17 Appalachian region, including local development districts, to take maximum

18 advantage of federal grant programs for which they are eligible but for which,

19 because of their economic situation, they cannot supply the required matching

20 share, or for which there are insufficient amounts available under the federal

21 law authorizing the programs to meet pressing needs of the region, the Federal

22 Cochairman may use amounts made available to carry out this section—

23 (1) for any part of the basic federal contribution to projects or activi24 ties under the federal grant programs authorized by federal laws; and

25 (2) to increase the federal contribution to projects and activities under

26 the programs above the fixed maximum part of the cost of the projects

27 or activities otherwise authorized by the applicable law.

28 (c) CERTIFICATION REQUIRED.—For a program, project, or activity for

29 which any part of the basic federal contribution to the project or activity

30 under a federal grant program is proposed to be made under subsection (b),

31 the contribution shall not be made until the responsible federal official admin32 istering the federal law authorizing the contribution certifies that the pro33 gram, project, or activity meets the applicable requirements of the federal law

34 and could be approved for federal contribution under that law if amounts

35 were available under the law for the program, project, or activity.

36 (d) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts provided pur37 suant to this subtitle are available without regard to any limitations on areas

38 eligible for assistance or authorizations for appropriation in any other law.

39 (e) ACCEPTANCE OF CERTAIN MATERIAL.—For a supplemental grant for a

40 project or activity under a federal grant program, the Federal Cochairman

41 shall accept any finding, report, certification, or documentation required to
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1 be submitted to the head of the department, agency, or instrumentality of the

2 Federal Government responsible for the administration of the program.

3 (f) FEDERAL SHARE.—The federal portion of the cost of a project or activ4 ity shall not—

5 (1) be increased to more than the percentages the Commission estab6 lishes; nor

7 (2) be more than 80 percent of the cost.

8 (g) MAXIMUM COMMISSION CONTRIBUTION.—

9 (1) IN GENERAL.—Subject to paragraph (2), the Commission may con10 tribute not more than 50 percent of a project or activity cost eligible for

11 financial assistance under this section from amounts appropriated to

12 carry out this subtitle.

13 (2) DISTRESSED COUNTIES.— The maximum Commission contribu14 tion for a project or activity to be carried out in a county for which

15 a distressed county designation is in effect under section 14526 of this

16 title may be increased to 80 percent.

17 SUBCHAPTER II—ADMINISTRATIVE

18 § 14521. Required level of expenditure

19 A State or political subdivision of a State is not eligible to receive benefits

20 under this subtitle unless the aggregate expenditure of state amounts, except

21 expenditures for participation in the Dwight D. Eisenhower System of Inter22 state and Defense Highways and local and federal amounts, for the benefit

23 of the area within the State located in the Appalachian region is maintained

24 at a level which does not fall below the average level of those expenditures for

25 the State’s last two full fiscal years prior to March 9, 1965. In computing

26 the level, a State’s past expenditure for participation in the Dwight D. Eisen27 hower System of Interstate and Defense Highways and expenditures of local

28 and federal amounts shall not be included. The Commission shall recommend

29 to the President a lesser requirement when it finds that a substantial popu30 lation decrease in that part of a State which lies within the region would

31 not justify a state expenditure equal to the average level of the last two years

32 or when it finds that a State’s average level of expenditure in an individual

33 program has been disproportionate to the present need for that part of the

34 State.

35 § 14522. Consent of States

36 This subtitle does not require a State to engage in or accept a program

37 under this subtitle without its consent.

38 § 14523. Program implementation

39 (a) REQUIREMENTS.—A program or project authorized under this chapter

40 shall not be implemented until—
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1 (1) the responsible federal official has decided that applications and

2 plans relating to the program or project are not incompatible with the

3 provisions and objectives of federal laws that the official administers that

4 are not inconsistent with this subtitle; and

5 (2) the Appalachian Regional Commission has approved the program

6 or project and has determined that it—

7 (A) meets the applicable criteria under section 14524 of this title

8 and the requirements of the development planning process under sec9 tion 14525 of this title; and

10 (B) will contribute to the development of the Appalachian region.

11 (b) DECISION IS CONTROLLING.—A decision under subsection (a)(2) is con12 trolling and shall be accepted by the federal agencies.

13 § 14524. Program development criteria

14 (a) FACTORS TO BE CONSIDERED.—In considering programs and projects

15 to be given assistance under this subtitle, and in establishing a priority rank16 ing of the requests for assistance presented to the Appalachian Regional Com17 mission, the Commission shall follow procedures that will ensure consider18 ation of—

19 (1) the relationship of the project or class of projects to overall regional

20 development, including its location in a severely and persistently dis21 tressed county or area;

22 (2) the population and area to be served by the project or class of

23 projects, including the per capita market income and the unemployment

24 rates in the area;

25 (3) the relative financial resources available to the State or political

26 subdivisions or instrumentalities of the State that seek to undertake the

27 project;

28 (4) the importance of the project or class of projects in relation to

29 other projects or classes of projects that may be in competition for the

30 same amounts;

31 (5) the prospects that the project for which assistance is sought will

32 improve, on a continuing rather than a temporary basis, the opportuni33 ties for employment, the average level of income, or the economic and so34 cial development of the area served by the project; and

35 (6) the extent to which the project design provides for detailed outcome

36 measurements by which grant expenditures may be evaluated.

37 (b) LIMITATION ON USE.—Financial assistance made available under this

38 subtitle shall not be used to assist establishments relocating from one area to

39 another.

40 (c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PROVIDED.—

41 Amounts may be provided for programs and projects in a State under this
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1 subtitle only if the Commission determines that the level of federal and state

2 financial assistance under other laws for the same type of programs or

3 projects in that part of the State within the Appalachian region will not be

4 diminished in order to substitute amounts authorized by this subtitle.

5 (d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES AND

6 AREAS.—For each fiscal year, not less than 50 percent of the amount of grant

7 expenditures the Commission approves shall support activities or projects that

8 benefit severely and persistently distressed counties and areas.

9 § 14525. State development planning process

10 (a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appalachian

11 Regional Commission establishes, each state member shall submit a develop12 ment plan for the area of the State within the Appalachian region. The plan

13 shall—

14 (1) be submitted according to a schedule the Commission prescribes;

15 (2) reflect the goals, objectives, and priorities identified in the regional

16 development plan and in any subregional development plan that may be

17 approved for the subregion of which the State is a part;

18 (3) describe the state organization and continuous process for Appa19 lachian development planning, including—

20 (A) the procedures established by the State for the participation

21 of local development districts in the process;

22 (B) how the process is related to overall statewide planning and

23 budgeting processes; and

24 (C) the method of coordinating planning and projects in the re25 gion under this subtitle, the Public Works and Economic Develop26 ment Act of 1965 (42 U.S.C. 3121 et seq.), and other federal, state,

27 and local programs;

28 (4) set forth the goals, objectives, and priorities of the State for the

29 region, as established by the Governor, and identify the needs on which

30 the goals, objectives, and priorities are based; and

31 (5) describe the development strategies for achieving the goals, objec32 tives, and priorities, including funding sources, and recommendations for

33 specific projects to receive assistance under this subtitle.

34 (b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the

35 preparation and execution of areawide action programs that specify inter36 related projects and schedules of actions, the necessary agency funding, and

37 other commitments to implement the programs. The programs shall make ap38 propriate use of existing plans affecting the area.

39 (c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts cer40 tified by the State as described in section 14102(a)(2) of this title provide the

41 linkage between state and substate planning and development. The districts
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1 shall assist the States in the coordination of areawide programs and projects

2 and may prepare and adopt areawide plans or action programs. In carrying

3 out the development planning process, including the selection of programs and

4 projects for assistance, States shall consult with local development districts,

5 local units of government, and citizen groups and shall consider the goals, ob6 jectives, priorities, and recommendations of those bodies.

7 (d) FEDERAL RESPONSIBILITIES.—To the maximum extent practicable,

8 federal departments, agencies, and instrumentalities undertaking or providing

9 financial assistance for programs or projects in the region shall—

10 (1) take into account the policies, goals, and objectives the Commission

11 and its member States establish pursuant to this subtitle;

12 (2) recognize Appalachian state development strategies approved by

13 the Commission as satisfying requirements for overall economic develop14 ment planning under the programs or projects; and

15 (3) accept the boundaries and organization of any local development

16 district certified under this subtitle that the Governor may designate as

17 the areawide agency required under any of those programs undertaken

18 or assisted by those federal departments, agencies, and instrumentalities.

19 § 14526. Distressed and economically strong counties

20 (a) DESIGNATIONS.—

21 (1) IN GENERAL.—The Appalachian Regional Commission, in accord22 ance with criteria the Commission may establish, each year shall—

23 (A) designate as ‘‘distressed counties’’ those counties in the Appa24 lachian region that are the most severely and persistently distressed;

25 and

26 (B) designate two categories of economically strong counties, con27 sisting of—

28 (i) ‘‘competitive counties’’, which shall be those counties in

29 the region that are approaching economic parity with the rest

30 of the United States; and

31 (ii) ‘‘attainment counties’’, which shall be those counties in

32 the region that have attained or exceeded economic parity with

33 the rest of the United States.

34 (2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission shall—

35 (A) conduct an annual review of each designation of a county

36 under paragraph (1) to determine if the county still meets the cri37 teria for the designation; and

38 (B) renew the designation for another one-year period only if the

39 county still meets the criteria.

40 (b) DISTRESSED COUNTIES.—In program and project development and im41 plementation and in the allocation of appropriations made available to carry
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1 out this subtitle, the Commission shall give special consideration to the needs

2 of counties for which a distressed county designation is in effect under this

3 section.

4 (c) ECONOMICALLY STRONG COUNTIES.—

5 (1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3)

6 and (4), assistance under this subtitle for a project that is carried out

7 in a county for which a competitive county designation is in effect under

8 this section shall not be more than 30 percent of the project cost.

9 (2) ATTAINMENT COUNTIES.—Except as provided in paragraphs (3)

10 and (4), amounts may not be provided under this subtitle for a project

11 that is carried out in a county for which an attainment county designa12 tion is in effect under this section.

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

14 (A) a project on the Appalachian development highway system

15 authorized by section 14501 of this title;

16 (B) a local development district administrative project assisted

17 under section 14321(a)(1)(A) of this title; or

18 (C) a multicounty project that is carried out in at least two

19 counties designated under this section if—

20 (i) at least one of the participating counties is designated as

21 a distressed county under this section; and

22 (ii) the project will be of substantial direct benefit to at least

23 one distressed county.

24 (4) WAIVER.—

25 (A) IN GENERAL.—The Commission may waive the requirements

26 of paragraphs (1) and (2) for a project when the recipient of assist27 ance for the project shows the existence of any of the following:

28 (i) a significant pocket of distress in the part of the county

29 in which the project is carried out.

30 (ii) a significant potential benefit from the project in at

31 least one area of the region outside the designated county.

32 (B) REPORTS TO CONGRESS.—The Commission shall submit to

33 the Committee on Environment and Public Works of the Senate and

34 the Committee on Transportation and Infrastructure of the House

35 of Representatives an annual report describing each waiver granted

36 under subparagraph (A) during the period covered by the report.

37 CHAPTER 147—MISCELLANEOUS

Sec.

14701. Applicable labor standards.

14702. Nondiscrimination.

14703. Authorization of appropriations.

14704. Termination.
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1 § 14701. Applicable labor standards

2 All laborers and mechanics employed by contractors or subcontractors in

3 the construction, alteration, or repair, including painting and decorating, of

4 projects, buildings, and works which are financially assisted through federal

5 amounts authorized under this subtitle shall be paid wages at rates not less

6 than those prevailing on similar construction in the locality as the Secretary

7 of Labor determines in accordance with sections 3141–3144, 3146, and 3147

8 of this title. With respect to those labor standards, the Secretary has the au9 thority and functions set forth in Reorganization Plan Numbered 14 of 1950

10 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.

11 § 14702. Nondiscrimination

12 An individual in the United States shall not, because of sex, be excluded

13 from participation in, be denied the benefits of, or be subjected to discrimina14 tion under, a program or activity receiving federal financial assistance under

15 this subtitle.

16 § 14703. Authorization of appropriations

17 (a) IN GENERAL.—In addition to amounts authorized by section 14501 of

18 this title and other amounts made available for the Appalachian development

19 highway system program, the following amounts may be appropriated to the

20 Appalachian Regional Commission to carry out this subtitle:

21 (1) $88,000,000 for each of the fiscal years 2002–2004.

22 (2) $90,000,000 for fiscal year 2005.

23 (3) $92,000,000 for fiscal year 2006.

24 (b) TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.—Of the amounts

25 made available under subsection (a), the following amounts are available to

26 carry out section 14504 of this title:

27 (1) $10,000,000 for fiscal year 2002.

28 (2) $8,000,000 for fiscal year 2003.

29 (3) $5,000,000 for each of the fiscal years 2004–2006.

30 (c) AVAILABILITY.—Amounts made available under subsection (a) remain

31 available until expended.

32 § 14704. Termination

33 This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to be

34 in effect on October 1, 2006.

35 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
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1 CHAPTER 171—SAFETY STANDARDS FOR MOTOR

2 VEHICLES

Sec.

17101. Definitions.

17102. Prohibition on acquisition or purchase of motor vehicles by Federal Government.

17103. Commercial standards for passenger safety devices.

3 § 17101. Definitions

4 In this chapter, the following definitions apply:

5 (1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ in6 cludes the government of the District of Columbia.

7 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle, self8 propelled or drawn by mechanical power, designed for use on the high9 ways principally for the transportation of passengers, except a vehicle

10 designed or used for military field training, combat, or tactical purposes.

11 § 17102. Prohibition on acquisition or purchase of motor ve12 hicles by Federal Government

13 The Federal Government shall not purchase a motor vehicle for use by the

14 Government unless that motor vehicle is equipped with reasonable passenger

15 safety devices that the Administrator of General Services requires. Those de16 vices shall conform with standards the Administrator prescribes under section

17 17103 of this title.

18 § 17103. Commercial standards for passenger safety devices

19 The Administrator of General Services shall prescribe and publish in the

20 Federal Register commercial standards for passenger safety devices the Ad21 ministrator requires under section 17102 of this title. Changes in the stand22 ards take effect one year and 90 days after the publication of the standards

23 in the Federal Register.

24 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.

25 § 17301. Definitions

26 In this chapter, the following definitions apply:

27 (1) REPLACEMENT.—The term ‘‘replacement’’ means payment, reim28 bursement, replacement, or duplication or the expenses incident to pay29 ment, reimbursement, replacement, or duplication.

30 (2) SHIPMENT.—The term ‘‘shipment’’—

31 (A) means the transportation, or the effecting of transportation,

32 of valuables, without limitation as to the means or facilities used
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1 or by which the transportation is effected or the person to whom it

2 is made; and

3 (B) includes shipments made to any executive department, inde4 pendent establishment, agency, wholly owned or mixed-ownership

5 Government corporation, officer, or employee of the Federal Govern6 ment, or any person acting on behalf of, or at the direction of, the

7 executive department, independent establishment, agency, wholly or

8 partly owned Government corporation, officer, or employee.

9 (3) VALUABLES.—

10 (A) DEFINITION.—The term ‘‘valuables’’ means any articles or

11 things or representatives of value—

12 (i) in which the Government, its executive departments,

13 independent establishments, and agencies, including wholly

14 owned Government corporations, and officers and employees of

15 the Government or its executive departments, independent es16 tablishments, and agencies while acting in their official capac17 ity, have any interest, or in connection with which they have

18 any obligation or responsibility; and

19 (ii) which the Secretary of the Treasury declares to be

20 valuables within the meaning of this chapter.

21 (B) REQUIREMENT FOR DECLARING ARTICLES OR THINGS VALU22 ABLE.—The Secretary shall not declare articles or things that are

23 lost, destroyed, or damaged in the course of shipment to be valuables

24 unless the Secretary determines that replacement of the articles or

25 things in accordance with the procedure established in this chapter

26 would be in the public interest.

27 (4) WHOLLY OWNED GOVERNMENT CORPORATION.—The term ‘‘wholly

28 owned Government corporation’’—

29 (A) means any corporation, regardless of the law under which it

30 is incorporated, the capital of which is entirely owned by the Gov31 ernment; and

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

33 corporation.

34 § 17302. Compliance

35 (a) PRESCRIBING REGULATIONS.—With the approval of the President, the

36 Secretary of the Treasury and the United States Postal Service jointly shall

37 prescribe regulations governing the shipment of valuables by an executive de38 partment, independent establishment, agency, wholly owned Government cor39 poration, officer, or employee of the Federal Government, with a view to mini40 mizing the risk of loss and destruction of, and damage to, valuables in ship41 ment.
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1 (b) COMPLIANCE.—Each executive department, independent establishment,

2 agency, wholly owned Government corporation, officer, and employee of the

3 Government, and each person acting for, or at the direction of, the executive

4 department, independent establishment, agency, wholly owned Government

5 corporation, officer, or employee, must comply with the regulations when

6 making any shipment of valuables.

7 § 17303. Fund for the payment of Government losses in ship8 ment

9 (a) ESTABLISHMENT.—There is a revolving fund in the Treasury known

10 as ‘‘the fund for the payment of Government losses in shipment’’.

11 (b) USE.—The fund shall be used for the replacement of valuables, or the

12 value of valuables, lost, destroyed, or damaged while being shipped in accord13 ance with regulations prescribed under section 17302 of this title.

14 (c) UNAVAILABILITY.—The fund is not available with respect to any loss,

15 destruction, or damage affecting valuables—

16 (1) that relates to property of the United States Postal Service that

17 is chargeable to its officers or employees; or

18 (2) of which shipment shall have been made at the risk of persons other

19 than the Federal Government and the executive departments, independent

20 establishments, agencies, wholly owned Government corporations, officers

21 and employees of the Government.

22 (d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries and re23 payments on account of loss, destruction, or damage to valuables for which

24 replacement is made out of the fund shall be credited to it and are available

25 for the purposes of the fund.

26 (e) APPROPRIATIONS.—Necessary amounts are appropriated for the fund.

27 § 17304. Claim for replacement

28 (a) PRESENTATION OF CLAIM.—When valuables that have been shipped in

29 accordance with regulations prescribed under section 17302 of this title are

30 lost, destroyed, or damaged, a claim in writing for replacement shall be made

31 on the Secretary of the Treasury.

32 (b) DECISION OF THE SECRETARY OF THE TREASURY.—

33 (1) REPLACEMENT MADE FROM FUND.—If the Secretary is satisfied

34 that the loss, destruction, or damage has occurred and that shipment was

35 made substantially in accordance with the regulations, the Secretary

36 shall have replacement be made out of the fund described in section

37 17303 of this title through an officer the Secretary designates.

38 (2) REPLACEMENT MADE BY CREDIT.—When the Secretary decides

39 that any part of the replacement can be made, without actual or ulti40 mate injury to the Federal Government, by a credit in the accounts of

41 the executive department, independent establishment, agency, officer, em-
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1 ployee, or other accountable person making the claim, the Secretary

2 shall—

3 (A) certify the decision to the Comptroller General who, on receiv4 ing the certification, shall make the credit in the settlement of ac5 counts in the General Accounting Office; and

6 (B) use the fund only to the extent that the replacement cannot

7 be made by the credit.

8 (c) DECISION OF SECRETARY NOT REVIEWABLE.—The decision of the Sec9 retary that a loss, destruction, or damage has occurred or that a shipment

10 was made substantially in accordance with regulations is final and conclusive

11 and is not subject to review by any other officer of the Government.

12 § 17305. Replacing lost, destroyed, or damaged stamps, secu13 rities, obligations, or money

14 Stamps, securities, or other obligations of the Federal Government, or

15 money lost, destroyed, or damaged while in the custody or possession of, or

16 charged to, the United States Postal Service while it is acting as agent for,

17 or on behalf of, the Secretary of the Treasury for the sale of the stamps, secu18 rities, or obligations and for the collection of the money, shall be replaced out

19 of the fund described in section 17303 of this title under regulations the Sec20 retary may prescribe, regardless of how the loss, destruction, or damage oc21 curs.

22 § 17306. Agreements of indemnity

23 (a) DEFINITION.—In this section, the term ‘‘Federal Government’’ includes

24 wholly owned Government corporations, and officers and employees of the

25 Government or its executive departments, independent establishments, and

26 agencies while acting in their official capacity.

27 (b) AUTHORITY TO MAKE AGREEMENT.—The Secretary of the Treasury

28 may make and deliver, on behalf of the Federal Government, a binding agree29 ment of indemnity the Secretary considers necessary and proper to enable the

30 Government to obtain the replacement of any instrument or document—

31 (1) received by the Government or an agent of the Government in the

32 agent’s official capacity; and

33 (2) which, after having been received, is lost, destroyed, or so mutilated

34 as to impair its value.

35 (c) WHEN FEDERAL GOVERNMENT NOT OBLIGATED.—The Government is

36 not obligated under an agreement of indemnity if the obligee named in the

37 agreement makes a payment or delivery not required by law on the original

38 of the instrument or document covered by the agreement.

39 (d) USE OF FUND FOR THE PAYMENT OF GOVERNMENT LOSSES IN SHIP40 MENT.—The fund described in section 17303 of this title is available to pay
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1 any obligation arising out of an agreement the Secretary makes under this

2 section.

3 § 17307. Purchase of insurance

4 An executive department, independent establishment, agency, wholly owned

5 Government corporation, officer, or employee may expend money, or incur an

6 obligation, for insurance, or for the payment of premiums on insurance,

7 against loss, destruction, or damage in the shipment of valuables only as spe8 cifically authorized by the Secretary of the Treasury. The Secretary may give

9 the authorization if the Secretary finds that the risk of loss, destruction, or

10 damage in the shipment cannot be guarded against adequately by the facili11 ties of the Federal Government or that adequate replacement cannot be pro12 vided under this chapter.

13 § 17308. Presumption of lawful conduct

14 For purposes of the propriety of an act or omission related to a shipment

15 to which the regulations prescribed under section 17302 of this title apply,

16 every officer and employee of the Federal Government and every individual

17 acting on behalf of a wholly owned Government corporation who makes a

18 shipment of valuables in good faith under, and substantially in accordance

19 with, the regulations is deemed to be acting in the faithful execution of the

20 officer’s, employee’s, or individual’s duties of office and in full performance

21 of any conditions of the officer’s, employee’s, or individual’s bond and oath

22 of office.

23 § 17309. Rules and regulations

24 (a) GENERAL AUTHORITY.—With the approval of the President, the Sec25 retary of the Treasury may prescribe regulations necessary to carry out the

26 duties and powers vested in the Secretary under this chapter.

27 (b) PROVIDING INFORMATION.—To carry out subsection (a), the Secretary

28 may require a person making a shipment of valuables or a claim for replace29 ment to make a declaration or to provide other information the Secretary con30 siders necessary.

31 CHAPTER 175—FEDERAL MOTOR VEHICLE

32 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.

33 § 17501. Definitions

34 In this chapter, the following definitions apply:
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1 (1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’—

2 (A) means an executive agency (as that term is defined in section

3 105 of title 5) that operates at least 300 motor vehicles; but

4 (B) does not include the Tennessee Valley Authority.

5 (2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means—

6 (A) a vehicle self-propelled or drawn by mechanical power; but

7 not

8 (B) a vehicle designed or used for military field training, combat,

9 or tactical purposes, or any other special purpose vehicle exempted

10 from the requirements of this chapter by the Administrator of Gen11 eral Services.

12 § 17502. Monitoring system

13 The head of each executive agency shall designate one office, officer, or em14 ployee of the agency—

15 (1) to establish and operate a central monitoring system for the motor

16 vehicle operations of the agency, related activities, and related reporting

17 requirements; and

18 (2) provide oversight of those operations, activities, and requirements.

19 § 17503. Data collection

20 (a) COST IDENTIFICATION AND ANALYSIS.—The head of each executive

21 agency shall develop a system to identify, collect, and analyze data with re22 spect to all costs (including obligations and outlays) the agency incurs in the

23 operation, maintenance, acquisition, and disposition of motor vehicles, includ24 ing vehicles owned or leased by the Federal Government and privately owned

25 vehicles used for official purposes.

26 (b) REQUIREMENTS FOR DATA SYSTEMS.—

27 (1) SCOPE OF REQUIREMENTS.—In cooperation with the Comptroller

28 General of the United States and the Director of the Office of Manage29 ment and Budget, the Administrator of General Services shall prescribe

30 requirements governing the establishment and operation by executive

31 agencies of the systems required by subsection (a), including require32 ments with respect to data on the costs and uses of motor vehicles and

33 with respect to the uniform collection and submission of the data.

34 (2) CONFORMITY WITH PRINCIPLES AND STANDARDS.—Requirements

35 prescribed under this section shall conform to accounting principles and

36 standards issued by the Comptroller General. Each executive agency shall

37 comply with those requirements.

38 § 17504. Agency statements with respect to motor vehicle use

39 (a) CONTENTS OF STATEMENT.—The head of each executive agency shall

40 include with the appropriation request the agency submits under section 1108

41 of title 31 for each fiscal year, a statement—
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1 (1) specifying—

2 (A) the total motor vehicle acquisition, maintenance, leasing, op3 eration, and disposal costs (including obligations and outlays) the

4 agency incurred in the most recently completed fiscal year; and

5 (B) an estimate of those costs for the fiscal year in which the re6 quest is submitted and for the succeeding fiscal year; and

7 (2) justifying why the existing and any new motor vehicle acquisition,

8 maintenance, leasing, operation, and disposal requirements of the agency

9 cannot be met through the Interagency Fleet Management System the Ad10 ministrator of General Services operates, a qualified private fleet man11 agement firm, or any other method which is less costly to the Federal

12 Government.

13 (b) COMPLIANCE WITH REQUIREMENTS.—The head of each executive agency

14 shall comply with the requirements prescribed under section 17503(b) of this

15 title in preparing each statement required under subsection (a).

16 § 17505. Presidential report

17 (a) SUMMARY AND ANALYSIS OF AGENCY STATEMENTS.—The President

18 shall include with the budget transmitted under section 1105 of title 31 for

19 each fiscal year, or in a separate written report to Congress for that fiscal

20 year, a summary and analysis of the statements most recently submitted by

21 the heads of executive agencies pursuant to section 17504(a) of this title.

22 (b) CONTENTS OF SUMMARY AND ANALYSIS.—Each summary and analysis

23 shall include a review, for the fiscal year preceding the fiscal year in which

24 the budget is submitted, the current fiscal year, and the fiscal year for which

25 the budget is submitted, of the cost savings that have been achieved, that are

26 estimated will be achieved, and that could be achieved, in the acquisition,

27 maintenance, leasing, operation, and disposal of motor vehicles by executive

28 agencies through—

29 (1) the use of a qualified private fleet management firm or another

30 private contractor;

31 (2) increased reliance by executive agencies on the Interagency Fleet

32 Management System the Administrator of General Services operates; or

33 (3) other existing motor vehicle management systems.

34 § 17506. Reduction of storage and disposal costs

35 The Administrator of General Services shall take such actions as may be

36 necessary to reduce motor vehicle storage and disposal costs and to improve

37 the rate of return on motor vehicle sales through a program of vehicle recondi38 tioning prior to sale.

39 § 17507. Savings

40 (a) ACTIONS BY PRESIDENT REQUIRED.—The President shall establish, for

41 each executive agency, goals to reduce outlays for the operation, maintenance,
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1 leasing, acquisition, and disposal of motor vehicles in order to reduce, by fis2 cal year 1988, the total amount of outlays by all executive agencies for the

3 operation, maintenance, leasing, acquisition, and disposal of motor vehicles

4 to an amount which is $150,000,000 less than the amount for the operation,

5 maintenance, leasing, acquisition, and disposal of motor vehicles requested by

6 the President in the budget submitted under section 1105 of title 31 for fiscal

7 year 1986.

8 (b) MONITORING OF COMPLIANCE.—The Director of the Office of Manage9 ment and Budget shall monitor compliance by executive agencies with the

10 goals established by the President under subsection (a) and shall include, in

11 each summary and analysis required under section 17505 of this title, a state12 ment specifying the reductions in expenditures by executive agencies, includ13 ing the Department of Defense, achieved under those goals.

14 § 17508. Compliance

15 (a) ADMINISTRATOR OF GENERAL SERVICES.—The Administrator of Gen16 eral Services shall comply with and be subject to this chapter with regard to

17 all motor vehicles that are used within the General Services Administration

18 for official purposes.

19 (b) MANAGERS OF OTHER MOTOR POOLS.—This chapter with respect to

20 motor vehicles from the Interagency Fleet Management System shall be com21 plied with by the executive agencies to which such motor vehicles are assigned.

22 § 17509. Applicability

23 (a) PRIORITY IN REDUCING HEADQUARTERS USE.—The heads of executive

24 agencies shall give first priority to meeting the goals established by the Presi25 dent under section 17507(a) of this title by reducing the costs of administra26 tive motor vehicles used at the headquarters and regional headquarters of exec27 utive agencies, rather than by reducing the costs of motor vehicles used by line

28 agency personnel working in agency field operations or activities.

29 (b) REGULATIONS, STANDARDS, AND DEFINITIONS.—The President shall re30 quire the Administrator of General Services, in cooperation with the Director

31 of the Office of Management and Budget, to prescribe appropriate regulations,

32 standards, and definitions to ensure that executive agencies meet the goals es33 tablished under section 17507(a) of this title in the manner prescribed by sub34 section (a).

35 § 17510. Cooperation

36 The Director of the Office of Management and Budget and the Adminis37 trator of General Services shall cooperate closely in the implementation of this

38 chapter.

39 CHAPTER 177—ALASKA COMMUNICATIONS DISPOSAL

Sec.

17701. Definitions.

17702. Transfer of Government-owned long-lines communication facilities in and to Alaska.
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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.

1 § 17701. Definitions

2 In this chapter, the following definitions apply:

3 (1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a de4 partment, agency, wholly owned corporation, or instrumentality of the

5 Federal Government.

6 (2) LONG-LINES COMMUNICATION FACILITIES.—The term ‘‘long-lines

7 communication facilities’’ means the transmission systems connecting

8 points inside the State with each other and with points outside the State

9 by radio or wire, and includes all kinds of property and rights of way

10 necessary to accomplish this interconnection.

11 (3) TRANSFER.—The term ‘‘transfer’’ means the conveyance by the

12 Government of any element of ownership, including any estate or interest

13 in property, and franchise rights, by sale, exchange, lease, easement, or

14 permit, for cash, credit, or other property with or without warranty.

15 § 17702. Transfer of Government-owned long-lines commu16 nication facilities in and to Alaska

17 (a) IN GENERAL.—

18 (1) AUTHORITY OF THE SECRETARY OF DEFENSE.—

19 (A) REQUIREMENTS PRIOR TO TRANSFER.—Subject to section

20 17703 of this title and with the advice, assistance, and, in the case

21 of an agency not under the jurisdiction of the Secretary of Defense,

22 the consent of the agency concerned, and after approval of the Presi23 dent, the Secretary of Defense shall transfer for adequate consider24 ation any or all long-lines communication facilities in or to Alaska

25 under the jurisdiction of the Federal Government to any person

26 qualifying under section 17703.

27 (B) AUTHORITY TO CARRY OUT CHAPTER.—The Secretary of De28 fense may take action and exercise powers as may be necessary or

29 appropriate to carry out the purposes of this chapter.

30 (2) CONSENT OF SECRETARY CONCERNED.—An interest in public

31 lands, withdrawn or otherwise appropriated, shall not be transferred

32 under this chapter without the prior consent of the Secretary of the Inte33 rior, or, with respect to lands in a national forest, of the Secretary of

34 Agriculture.

35 (3) PROCEDURES AND METHODS.—The Secretary of Defense shall

36 carry out a transfer under this chapter in accordance with the proce-
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1 dures and methods required of the Administrator of General Services by

2 section 545(a) and (b) of this title.

3 (b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.—The head

4 of the agency concerned (or a designee of the head) shall execute documents

5 for the transfer of title or other interest in property, except any mineral rights

6 in the property, and take other action that the Secretary of Defense decides

7 is necessary or proper to transfer the property under this chapter. A copy of

8 a deed, lease, or other instrument executed by or on behalf of the head of the

9 agency concerned purporting to transfer title or another interest in public

10 land shall be provided to the Secretary of the Interior.

11 (c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—In

12 connection with soliciting offers to purchase long-lines facilities of the Alaska

13 Communication System, the Secretary of Defense shall—

14 (1) provide any prospective purchaser who requests it data on—

15 (A) the facilities available for purchase;

16 (B) the amounts considered to be the current fair and reasonable

17 value of those facilities; and

18 (C) the initial rates that will be charged to the purchaser for ca19 pacity in facilities retained by the Government and available for

20 commercial use;

21 (2) provide in the request for offers to purchase that offerors must

22 specify the rates the offerors propose to charge for service and the im23 provements in service the offerors propose to initiate;

24 (3) provide an opportunity for prospective purchasers to meet as a

25 group with Department of Defense representatives to ensure that the data

26 and public interest requirements described in clauses (1) and (2) are

27 fully understood; and

28 (4) seek the advice and assistance of the Federal Communications

29 Commission and the Governor of Alaska (or a designee of the Governor)

30 to ensure consideration of all public interest factors associated with the

31 transfer.

32 (d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements of sec33 tion 559 of this title apply to transfers under this chapter.

34 § 17703. National defense considerations and qualification

35 of transferee

36 A transfer under this chapter shall not be made unless the Secretary of De37 fense determines that—

38 (1) the Federal Government does not need to retain the property in39 volved in the transfer for national defense purposes;

40 (2) the transfer is in the public interest;
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1 (3) the person to whom the transfer is made is prepared and qualified

2 to provide the communication service involved in the transfer without

3 interruption; and

4 (4) the long-lines communication facilities will not directly or indi5 rectly be owned, operated, or controlled by a person that would legally

6 be disqualified from holding a radio station license by section 310(a) of

7 the Communications Act of 1934 (47 U.S.C. 310(a)).

8 § 17704. Contents of agreements for transfer

9 An agreement by which a transfer is made under this chapter shall provide

10 that—

11 (1) subject to regulations of the Federal Communications Commission

12 and of any body or commission established by Alaska to govern and reg13 ulate communications services to the public and all applicable statutes,

14 treaties, and conventions, the person to whom the transfer is made shall

15 provide the communication services involved in the transfer without

16 interruption, except those services reserved by the Federal Government in

17 the transfer;

18 (2) the rates and charges for those services applicable at the time of

19 transfer shall not be changed for a period of one year from the date of

20 the transfer unless approved by a governmental body or commission hav21 ing jurisdiction; and

22 (3) the transfer will not be final until the transferee receives the req23 uisite license and certificate of convenience and necessity to operate

24 interstate and intrastate commercial communications in Alaska from the

25 appropriate governmental regulatory bodies.

26 § 17705. Approval of Federal Communications Commission

27 A transfer under this chapter does not require the approval of the Federal

28 Communications Commission except to the extent that the approval of the

29 Commission is necessary under section 17704(3) of this title.

30 § 17706. Gross proceeds as miscellaneous receipts in the

31 Treasury

32 The gross proceeds of each transfer shall be deposited in the Treasury as

33 miscellaneous receipts.

34 § 17707. Reports

35 The Secretary of Defense shall report to the Congress and the President—

36 (1) in January of each year, the actions taken under this chapter dur37 ing the preceding 12 months; and

38 (2) not later than 90 days after completion of each transfer under this

39 chapter, a full account of that transfer.
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1 § 17708. Nonapplication

2 This chapter does not modify in any manner the Communications Act of

3 1934 (47 U.S.C. 151 et seq.).

4 CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY

5 EFFICIENCY SWAP

Sec.

17901. Definitions.

17902. Sale of electric energy.

17903. Purchase of electric power.

17904. Implementation powers and limitations.

6 § 17901. Definitions

7 In this chapter, the following definitions apply:

8 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ means a depart9 ment, agency, or instrumentality of the Federal Government.

10 (2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term ‘‘federally

11 generated electric energy’’ means any electric power generated by an elec12 tric generating facility owned and operated by a federal agency.

13 (3) NON-FEDERAL PERSON.—The term ‘‘non-federal person’’ means a

14 corporation, cooperative, municipality, or other non-federal entity that

15 generates electric energy through a facility other than a federally owned

16 electric generating facility.

17 § 17902. Sale of electric energy

18 (a) IN GENERAL.—To conserve oil and natural gas and better utilize coal,

19 the head of a federal agency may sell, or enter into a contract to sell, to any

20 non-federal person electric energy generated by coal-fired electric generating

21 facilities of that agency in Alaska without regard to any provision of law that

22 precludes the sale when the electric energy to be sold is available from other

23 local sources, if the head of the federal agency determines that—

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

25 generating facility;

26 (2) the electric energy to be sold is surplus to the federal agency’s needs

27 and is in excess of the electric energy specifically generated for consump28 tion by, or necessary to serve the requirements of, another federal agency;

29 (3) the cost to the ultimate consumers of the electric energy to be sold

30 is less than the cost that, in the absence of the sale, would be incurred

31 by those consumers for the purchase of an equivalent amount of energy;

32 and

33 (4) the sale will reduce the total consumption of oil or natural gas by

34 the non-federal person purchasing the electric energy below the level of

35 consumption that would occur in the absence of the sale.

36 (b) PRICING POLICIES.—Federally generated electric energy sold by the

37 head of a federal agency under subsection (a) shall be priced to recover the

38 fuel and variable operation and maintenance costs of the facility generating
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1 the energy that are attributable to that sale, plus an amount equal to one2 half the difference between—

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

4 (2) the costs of producing electric energy by the oil or gas generation

5 being displaced.

6 § 17903. Purchase of electric power

7 For purposes of economy, efficiency, and conserving oil and natural gas,

8 the head of a federal agency, when practicable and consistent with other laws

9 and requirements applicable to that agency, shall endeavor to purchase elec10 tric energy from a non-federal person for consumption in Alaska by a facility

11 of that agency when (taking into account the remaining useful life of any fa12 cility available to that agency to generate electric energy for that agency and

13 the cost of maintaining the facility on a standby basis) the purchase will re14 sult in—

15 (1) a savings to other consumers of electric energy sold by that non16 federal person without increasing the cost incurred by any federal agency

17 for electric energy; or

18 (2) a cost savings to the federal agency purchasing the electric energy

19 without increasing costs to other consumers of electric energy.

20 § 17904. Implementation powers and limitations

21 (a) ACCOMMODATION OF NEEDS FOR ELECTRIC ENERGY.—This chapter

22 does not require or authorize a federal agency to construct a new electric gen23 erating facility or related facility, to modify an existing facility, or to employ

24 reserve or standby equipment to accommodate the needs of a non-federal per25 son for electric energy.

26 (b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received by a fed27 eral agency pursuant to section 17902 of this title from the sale of electric

28 energy generated from a facility of that agency is available to the agency

29 without fiscal year limitation to purchase fuel and for operation, mainte30 nance, and other costs associated with that facility.

31 (c) EXERCISE OF AUTHORITIES.—The authority under this chapter shall

32 be exercised for those periods and pursuant to terms and conditions that the

33 head of the federal agency concerned decides are necessary consistent with—

34 (1) this chapter; and

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

36 (d) NEGOTIATION AND EXECUTION OF CONTRACTS AND OTHER AGREE37 MENTS.—A contract or other agreement executed under this chapter shall be

38 negotiated and executed by the head of the federal agency selling or pur39 chasing electric energy under this chapter.
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1 CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY

2 FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED IN3 DIVIDUALS

Sec.

18101. Definitions.

18102. Federal telecommunications system.

18103. Research and development.

18104. TTY installation by Congress.

4 § 18101. Definitions

5 In this chapter—

6 (1) FEDERAL AGENCY.—The term ‘‘federal agency’’ has the same

7 meaning given that term in section 102 of this title.

8 (2) TTY.—The term ‘‘TTY’’ means a text-telephone used in the trans9 mission of coded signals through the nationwide telecommunications sys10 tem.

11 § 18102. Federal telecommunications system

12 (a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator of

13 General Services, after consultation with the Architectural and Transpor14 tation Barriers Compliance Board, the Interagency Committee on Computer

15 Support of Handicapped Employees, the Federal Communications Commis16 sion, and affected federal agencies, shall prescribe regulations to ensure that

17 the federal telecommunications system is fully accessible to hearing-impaired

18 and speech-impaired individuals, including federal employees, for commu19 nications with and within federal agencies.

20 (b) FEDERAL RELAY SYSTEM.—The Administrator shall provide for the

21 continuation of the existing federal relay system for users of TTY’s.

22 (c) DIRECTORY.—The Administrator shall assemble, publish, and maintain

23 a directory of TTY’s and other devices used by federal agencies to comply with

24 regulations prescribed under subsection (a).

25 (d) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall publish

26 access numbers of TTY’s and such other devices in federal agency directories.

27 (e) LOGO.—After consultation with the Board, the Administrator shall

28 adopt the design of a standard logo to signify the presence of a TTY or other

29 device used by a federal agency to comply with regulations prescribed under

30 subsection (a).

31 § 18103. Research and development

32 (a) SUPPORT FOR RESEARCH.—The Administrator of General Services, in

33 consultation with the Federal Communications Commission, shall seek to pro34 mote research by federal agencies, state agencies, and private entities to reduce

35 the cost and improve the capabilities of telecommunications devices and sys36 tems that provide accessibility to hearing-impaired and speech-impaired indi37 viduals.
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1 (b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—In plan2 ning future alterations to and modifications of the federal telecommunications

3 system, the Administrator shall take into account—

4 (1) modifications that the Administrator determines are necessary to

5 achieve the objectives of section 18102(a) of this title; and

6 (2) technological improvements in telecommunications devices and sys7 tems that provide accessibility to hearing-impaired and speech-impaired

8 individuals.

9 § 18104. TTY installation by Congress

10 Each House of Congress shall establish a policy under which Members of

11 the House of Representatives and the Senate may obtain TTY’s for use in

12 communicating with hearing-impaired and speech-impaired individuals, and

13 for the use of hearing-impaired and speech-impaired employees.

14 CHAPTER 183—NATIONAL CAPITAL AREA INTEREST

15 ARBITRATION STANDARDS

Sec.

18301. Findings and purposes.

18302. Definitions.

18303. Standards for arbitrators.

18304. Procedures for enforcement of awards.

16 § 18301. Findings and purposes

17 (a) FINDINGS.—Congress finds that—

18 (1) affordable public transportation is essential to the economic vital19 ity of the national capital area and is an essential component of regional

20 efforts to improve air quality to meet environmental requirements and

21 to improve the health of both residents of and visitors to the national

22 capital area as well as to preserve the beauty and dignity of the Nation’s

23 capital;

24 (2) use of mass transit by both residents of and visitors to the national

25 capital area is substantially affected by the prices charged for mass tran26 sit services, prices that are substantially affected by labor costs, since

27 more than two-thirds of operating costs are attributable to labor costs;

28 (3) labor costs incurred in providing mass transit in the national cap29 ital area have increased at an alarming rate and wages and benefits of

30 operators and mechanics currently are among the highest in the Nation;

31 (4) higher operating costs incurred for public transit in the national

32 capital area cannot be offset by increasing costs to patrons, since this

33 often discourages ridership and thus undermines the public interest in

34 promoting the use of public transit;

35 (5) spiraling labor costs cannot be offset by the governmental entities

36 that are responsible for subsidy payments for public transit services since

37 local governments generally, and the District of Columbia government in

38 particular, are operating under severe fiscal constraints;
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1 (6) imposition of mandatory standards applicable to arbitrators re2 solving arbitration disputes involving interstate compact agencies oper3 ating in the national capital area will ensure that wage increases are

4 justified and do not exceed the ability of transit patrons and taxpayers

5 to fund the increase; and

6 (7) federal legislation is necessary under section 8 of Article I of the

7 United States Constitution to balance the need to moderate and lower

8 labor costs while maintaining industrial peace.

9 (b) PURPOSE.—The purpose of this chapter is to adopt standards governing

10 arbitration that must be applied by arbitrators resolving disputes involving

11 interstate compact agencies operating in the national capital area in order

12 to lower operating costs for public transportation in the Washington metro13 politan area.

14 § 18302. Definitions

15 In this chapter, the following definitions apply:

16 (1) ARBITRATION.—The term ‘‘arbitration’’—

17 (A) means the arbitration of disputes, regarding the terms and

18 conditions of employment, that is required under an interstate com19 pact governing an interstate compact agency operating in the na20 tional capital area; but

21 (B) does not include the interpretation and application of rights

22 arising from an existing collective bargaining agreement.

23 (2) ARBITRATOR.—The term ‘‘arbitrator’’ refers to either a single arbi24 trator, or a board of arbitrators, chosen under applicable procedures.

25 (3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL CAP26 ITAL AREA.—The term ‘‘interstate compact agency operating in the na27 tional capital area’’ means any interstate compact agency that provides

28 public transit services and that was established by an interstate compact

29 to which the District of Columbia is a signatory.

30 § 18303. Standards for arbitrators

31 (a) DEFINITION.—In this section, the term ‘‘public welfare’’ includes, with

32 respect to arbitration under an interstate compact—

33 (1) the financial ability of the individual jurisdictions participating

34 in the compact to pay for the costs of providing public transit services;

35 and

36 (2) the average per capita tax burden, during the term of the collective

37 bargaining agreement to which the arbitration relates, of the residents

38 of the Washington metropolitan area, and the effect of an arbitration

39 award rendered under that arbitration on the respective income or prop40 erty tax rates of the jurisdictions that provide subsidy payments to the

41 interstate compact agency established under the compact.
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1 (b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering

2 an arbitration award involving the employees of an interstate compact agency

3 operating in the national capital area may not make a finding or a decision

4 for inclusion in a collective bargaining agreement governing conditions of em5 ployment without considering the following factors:

6 (1) The existing terms and conditions of employment of the employees

7 in the bargaining unit.

8 (2) All available financial resources of the interstate compact agency.

9 (3) The annual increase or decrease in consumer prices for goods and

10 services as reflected in the most recent consumer price index for the

11 Washington metropolitan area, published by the Bureau of Labor Statis12 tics.

13 (4) The wages, benefits, and terms and conditions of the employment

14 of other employees who perform, in other jurisdictions in the Washington

15 standard metropolitan statistical area, services similar to those in the

16 bargaining unit.

17 (5) The special nature of the work performed by the employees in the

18 bargaining unit, including any hazards or the relative ease of employ19 ment, physical requirements, educational qualifications, job training and

20 skills, shift assignments, and the demands placed upon the employees as

21 compared to other employees of the interstate compact agency.

22 (6) The interests and welfare of the employees in the bargaining unit,

23 including—

24 (A) the overall compensation presently received by the employees,

25 having regard not only for wage rates but also for wages for time

26 not worked, including vacations, holidays, and other excused ab27 sences;

28 (B) all benefits received by the employees, including previous bo29 nuses, insurance, and pensions; and

30 (C) the continuity and stability of employment.

31 (7) The public welfare.

32 (c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN AWARD.—

33 An arbitrator rendering an arbitration award involving the employees of an

34 interstate compact agency operating in the national capital area may not,

35 with respect to a collective bargaining agreement governing conditions of em36 ployment, provide for salaries and other benefits that exceed the ability of the

37 interstate compact agency, or of any governmental jurisdiction that provides

38 subsidy payments or budgetary assistance to the interstate compact agency,

39 to obtain the necessary financial resources to pay for wage and benefit in40 creases for employees of the interstate compact agency.

41 (d) REQUIREMENTS FOR FINAL AWARD.—
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1 (1) WRITTEN AWARD.—In resolving a dispute submitted to arbitration

2 involving the employees of an interstate compact agency operating in the

3 national capital area, the arbitrator shall issue a written award that

4 demonstrates that all the factors set forth in subsections (b) and (c) have

5 been considered and applied.

6 (2) PREREQUISITES.—An award may grant an increase in pay rates

7 or benefits (including insurance and pension benefits), or reduce hours

8 of work, only if the arbitrator concludes that any costs to the agency do

9 not adversely affect the public welfare.

10 (3) SUBSTANTIAL EVIDENCE.—The arbitrator’s conclusion regarding

11 the public welfare must be supported by substantial evidence.

12 § 18304. Procedures for enforcement of awards

13 (a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days after the

14 parties receive an arbitration award to which section 18303 of this title ap15 plies, the interstate compact agency and the employees, through their rep16 resentative, may agree in writing on any modifications to the award. After

17 the end of that 10-day period, the award, and any modifications, become

18 binding on the interstate compact agency, the employees in the bargaining

19 unit, and the employees’ representative.

20 (b) IMPLEMENTATION.—Each party to an award that becomes binding

21 under subsection (a) shall take all actions necessary to implement the award.

22 (c) JUDICIAL REVIEW.—Within 60 days after an award becomes binding

23 under subsection (a), the interstate compact agency or the exclusive represent24 ative of the employees concerned may bring a civil action in a court that has

25 jurisdiction over the interstate compact agency for review of the award. The

26 court shall review the award on the record, and shall vacate the award or

27 any part of the award, after notice and a hearing, if—

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

29 (2) the arbitrator exceeded the arbitrator’s powers;

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

31 (4) the arbitrator conducted the hearing contrary to the provisions of

32 this chapter or other laws or rules that apply to the arbitration so as

33 to substantially prejudice the rights of a party;

34 (5) there was partiality or misconduct by the arbitrator prejudicing

35 the rights of a party;

36 (6) the award was procured by corruption, fraud, or bias on the part

37 of the arbitrator; or

38 (7) the arbitrator did not comply with the provisions of section 18303

39 of this title.
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1 SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHITECT

2 OF THE CAPITOL.

3 Chapter 443 of title 10, United States Code, is amended as follows:

4 (1) Insert immediately after section 4688 the following new section:

5 ‘‘§ 4689. Transfer of material and equipment to the Architect

6 of the Capitol

7 ‘‘The Secretary of the Army is authorized to transfer, without payment, to

8 the Architect of the Capitol, such material and equipment, not required by

9 the Department of the Army, as the Architect may request for use at the Cap10 itol power plant, the Capitol Building, and the Senate and House Office

11 Buildings.’’.

12 (2) Insert immediately below item 4688 in the analysis of the chapter

13 the following new item:

‘‘4689. Transfer of material and equipment to the Architect of the Capitol.’’.

14 SEC. 3. CONFORMING CROSS-REFERENCES.

15 (a) TITLE 5.—Title 5, United States Code, is amended as follows:

16 (1) In section 7342(e)(1)—

17 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed18 eral’’; and

19 (B) insert ‘‘(41 U.S.C. 251 et seq.)’’ after ‘‘of 1949’’.

20 (2) In section 9505(b), strike ‘‘division E of the Clinger-Cohen Act of

21 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute ‘‘subtitle III

22 of title 40’’.

23 (3) In section 9508(a)(2)(A), strike ‘‘division E of the Clinger-Cohen

24 Act of 1996 (Public Law 104–106; 110 Stat. 679)’’ and substitute ‘‘sub25 title III of title 40’’.

26 (b) TITLE 10.—Title 10, United States Code, is amended as follows:

27 (1) In section 2223—

28 (A) in subsection (a), strike ‘‘section 5125 of the Clinger-Cohen

29 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of title

30 40’’;

31 (B) in subsection (b), strike ‘‘section 5125 of the Clinger-Cohen

32 Act of 1996 (40 U.S.C. 1425)’’ and substitute ‘‘section 11315 of title

33 40’’;

34 (C) in subsection (c)(2), strike ‘‘section 5002 of the Clinger-Cohen

35 Act of 1996 (40 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title

36 40’’; and

37 (D) in subsection (c)(3), strike ‘‘section 5142 of the Clinger-Cohen

38 Act of 1996 (40 U.S.C. 1452)’’ and substitute ‘‘section 11103 of title

39 40’’.
277

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1 (2) In section 2302(2)(A), 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 2304(h)—

5 (A) before clause (1), strike ‘‘laws’’; and

6 (B) strike clause (2) and substitute ‘‘(2) Sections 3141–3144,

7 3146, and 3147 of title 40.’’.

8 (4) In section 2305a(a), strike ‘‘the Brooks Architect-Engineers Act (40

9 U.S.C. 541 et seq.)’’ and substitute ‘‘chapter 11 of title 40’’.

10 (5) In section 2315(a), strike ‘‘division E of the Clinger-Cohen Act of

11 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title 40’’.

12 (6) In section 2381(c)—

13 (A) strike ‘‘section 205 of the Federal Property and Administra14 tive Services Act of 1949 (40 U.S.C. 486)’’ and substitute ‘‘section

15 121 of title 40’’; and

16 (B) strike ‘‘section 201(a) of that Act (40 U.S.C. 481(a))’’ and

17 substitute ‘‘section 501(a)(2) of title 40’’.

18 (7) In section 2535(b)(1)(G), strike ‘‘title II of the Federal Property

19 and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and

20 substitute ‘‘chapter 5 of title 40’’.

21 (8) In subsection 2562(a)(1)—

22 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed23 eral’’; and

24 (B) strike ‘‘(40 U.S.C. 472 et seq.)’’ and substitute ‘‘(41 U.S.C.

25 251 et seq.)’’.

26 (9) In section 2572(d)(1), strike ‘‘section 205 of the Federal Property

27 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

28 ‘‘section 121 of title 40’’.

29 (10) In section 2576(a)—

30 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed31 eral’’; and

32 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

33 251 et seq.)’’.

34 (11) In section 2577(a)(2), strike ‘‘section 203 of the Federal Property

35 and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and substitute

36 ‘‘sections 541–555 of title 40’’.

37 (12) In section 2667—

38 (A) in subsection (a)(2), strike ‘‘section 3 of the Federal Property

39 and Administrative Services Act of 1949 (40 U.S.C. 472)’’ and sub40 stitute ‘‘section 102 of title 40’’;
278

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1 (B) in subsection (b)(5), strike ‘‘section 321 of the Act of June

2 30, 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title

3 40’’; and

4 (C) in subsection (f)(1)—

5 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

6 Federal’’; and

7 (ii) strike ‘‘such Act is’’ and substitute ‘‘subtitle I and title

8 III are’’.

9 (13) In section 2667a(a)(3), strike ‘‘section 3 of the Federal Property

10 and Administrative Services Act of 1949 (40 U.S.C. 472)’’ and substitute

11 ‘‘section 102 of title 40’’.

12 (14) In section 2676(a)—

13 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed14 eral’’; and

15 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘41 U.S.C.

16 251 et seq.)’’.

17 (15) In section 2691(b)—

18 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed19 eral’’; and

20 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

21 251 et seq.)’’.

22 (16) In section 2696—

23 (A) in subsection (a)—

24 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

25 Federal’’; and

26 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

27 U.S.C. 251 et seq.)’’; and

28 (B) strike subsection (e)(5) and substitute—

29 ‘‘(5) Chapter 5 of title 40.’’.

30 (17) In section 2701(i)(1)—

31 (A) strike ‘‘the Miller Act (40 U.S.C. 270a et seq.)’’ and substitute

32 ‘‘sections 3131 and 3133 of title 40’’;

33 (B) strike ‘‘the Act of April 29, 1941 (40 U.S.C. 270e–270f)’’ and

34 substitute ‘‘section 3134 of title 40’’; and

35 (C) strike ‘‘the Miller Act’’ and substitute ‘‘sections 3131 and

36 3133’’.

37 (18) In section 2814(j)(3), strike ‘‘Sections 202 and 203 of the Federal

38 Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484)’’

39 and substitute ‘‘Subchapter II of chapter 5 and sections 541–555 of title

40 40’’.
279

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1 (19) In section 2831(b)(3), strike ‘‘section 204(b) of the Federal Prop2 erty and Administrative Services Act of 1949 (40 U.S.C. 485(b))’’ and

3 substitute ‘‘section 572(a) of title 40’’.

4 (20) In section 2852(b)(1), strike ‘‘section 355 of the Revised Statutes

5 (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

6 (21) In section 2854a(d)(1)—

7 (A) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title

8 III of the’’; and

9 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

10 251 et seq.)’’.

11 (22) In subsection 2855(a), strike ‘‘title IX of the Federal Property

12 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

13 substitute ‘‘chapter 11 of title 40’’.

14 (23) In section 2878(d)—

15 (A) in clause (2)—

16 (i) strike ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and

17 title III of the’’; and

18 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

19 U.S.C. 251 et seq.)’’; and

20 (B) strike clause (3) and substitute—

21 ‘‘(3) Section 1302 of title 40.’’.

22 (24) In section 4681, strike ‘‘section 205 of the Federal Property and

23 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

24 ‘‘section 121 of title 40’’.

25 (25) In section 4682, strike ‘‘section 205 of the Federal Property and

26 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

27 ‘‘section 121 of title 40’’.

28 (26) In section 4684, strike ‘‘section 205 of the Federal Property and

29 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

30 ‘‘section 121 of title 40’’.

31 (27) In section 4686, strike ‘‘section 205 of the Federal Property and

32 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

33 ‘‘section 121 of title 40’’.

34 (28) In section 7305(d)—

35 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed36 eral’’;

37 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

38 251 et seq.)’’; and

39 (C) strike ‘‘that Act’’ and substitute ‘‘subtitle I of title 40 and

40 title III’’.
280

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1 (29) In section 7306(a), strike ‘‘subsections (c) and (d) of section 602

2 of the Federal Property and Administrative Services Act of 1949 (40

3 U.S.C. 474)’’ and substitute ‘‘section 113 of title 40’’.

4 (30) In section 7422(c)(1), strike ‘‘the Act of February 26, 1931 (40

5 U.S.C. 258a–258e)’’ and substitute ‘‘sections 3114–3116 and 3118 of title

6 40’’.

7 (31) In section 7541, strike ‘‘section 205 of the Federal Property and

8 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

9 ‘‘section 121 of title 40’’.

10 (32) In section 7541a, strike ‘‘section 205 of the Federal Property and

11 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

12 ‘‘section 121 of title 40’’.

13 (33) In section 7542(a), strike ‘‘section 205 of the Federal Property

14 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

15 ‘‘section 121 of title 40’’.

16 (34) In section 7545(a), strike ‘‘section 205 of the Federal Property

17 and Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

18 ‘‘section 121 of title 40’’.

19 (35) In section 9444(b)(1)—

20 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed21 eral’’; and

22 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

23 251 et seq.)’’.

24 (36) In section 9681, strike ‘‘section 205 of the Federal Property and

25 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

26 ‘‘section 121 of title 40’’.

27 (37) In section 9682, strike ‘‘section 205 of the Federal Property and

28 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

29 ‘‘section 121 of title 40’’.

30 (38) In section 9684, strike ‘‘section 205 of the Federal Property and

31 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

32 ‘‘section 121 of title 40’’.

33 (39) In section 9686, strike ‘‘section 205 of the Federal Property and

34 Administrative Services Act of 1949 (40 U.S.C. 486)’’ and substitute

35 ‘‘section 121 of title 40’’.

36 (40) In section 9781—

37 (A) in subsection (b)(2)(D), strike ‘‘title II of the Federal Prop38 erty and Administrative Services Act of 1949 (40 U.S.C. 481 et

39 seq.)’’ and substitute ‘‘chapter 5 of title 40’’;
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1 (B) in subsection (d), strike ‘‘title II of the Federal Property and

2 Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and

3 substitute ‘‘chapter 5 of title 40’’; and

4 (C) in subsection (g)—

5 (i) insert ‘‘subtitle I of title 40 and subtitle III of’’ before

6 ‘‘the Federal’’; and

7 (ii) add at the end of the subsection ‘‘(41 U.S.C. 251 et

8 seq.)’’.

9 (41) In section 12603(d), strike ‘‘section 201(a) of the Federal Prop10 erty and Administrative Services Act of 1949 (40 U.S.C. 481(a))’’ and

11 substitute ‘‘section 501 of title 40’’.

12 (42) In section 18239(b)(1), strike ‘‘section 355 of the Revised Statutes

13 (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

14 (c) TITLE 14.—Title 14, United States Code, is amended as follows:

15 (1) In section 92—

16 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed17 eral’’; and

18 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

19 251 et seq.)’’.

20 (2) In section 93(h)—

21 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed22 eral’’; and

23 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

24 251 et seq.)’’.

25 (3) In section 641—

26 (A) in subsection (a)—

27 (i) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the

28 Federal’’; and

29 (ii) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41

30 U.S.C. 251 et seq.)’’; and

31 (B) in subsection (c)(2), strike ‘‘section 203 of the Federal Prop32 erty and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and

33 substitute ‘‘sections 541–555 of title 40’’.

34 (4) In section 685(c)—

35 (A) in clause (1), strike—

36 (i) ‘‘The’’ and substitute ‘‘Subtitle I of title 40 and title III

37 of the’’; and

38 (ii) ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C. 251

39 et seq.)’’; and

40 (B) strike clause (2) and substitute—

41 ‘‘(2) Section 1302 of title 40.’’.
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1 (d) TITLE 18.—Section 3668(c) of title 18, United States Code, is amended

2 by striking ‘‘sections 304f–304m of Title 40’’ and substituting ‘‘section 1306

3 of title 40’’.

4 (e) TITLE 23.—Title 23, United States Code, is amended as follows:

5 (1) In section 112(b)(2)(A), strike ‘‘title IX of the Federal Property

6 and Administrative Services Act of 1949’’ and substitute ‘‘chapter 11 of

7 title 40’’.

8 (2) In section 113(a), strike ‘‘the Act of March 3, 1931, known as the

9 Davis-Bacon Act (40 U.S.C. 276a)’’ and substitute ‘‘sections 3141–3144,

10 3146, and 3147 of title 40’’.

11 (f) THE INTERNAL REVENUE CODE OF 1986.—Section 7608(c)(1)(A)(i)(IV)

12 of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)(A)(i)(IV)) is

13 amended by striking ‘‘section 34 of title 40, United States Code’’ and sub14 stituting ‘‘section 8141 of title 40’’.

15 (g) TITLE 28.—Title 28, United States Code, is amended as follows:

16 (1) In section 604(g)(3)(B), strike ‘‘section 203 of the Federal Property

17 and Administrative Services Act of 1949 (40 U.S.C. 484)’’ and substitute

18 ‘‘sections 541–555 of title 40’’.

19 (2) In section 612(f), strike ‘‘section 201 of the Federal Property and

20 Administrative Services Act of 1949 (40 U.S.C. 481)’’ and substitute

21 ‘‘sections 501–505 of title 40’’.

22 (3) In section 1499, strike ‘‘section 104 of the Contract Work Hours

23 and Safety Standards Act’’ and substitute ‘‘section 3703 of title 40’’.

24 (h) TITLE 31.—Title 31, United States Code, is amended as follows:

25 (1) In section 781(a), strike ‘‘section 7 of the Public Buildings Act of

26 1959, as amended (40 U.S.C. 606)’’ and substitute ‘‘section 3307 of title

27 40’’.

28 (2) In section 782, strike ‘‘(as defined in section 105 of the Public

29 Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))’’ and substitute

30 ‘‘(as defined in section 3306(a) of title 40)’’.

31 (3) In section 1105(g)(2)(B)(ii), strike ‘‘section 901 of the Brooks Ar32 chitect-Engineers Act (40 U.S.C. 541)’’ and substitute section ‘‘1102 of

33 title 40’’.

34 (4) In section 3126—

35 (A) in subsection (a), strike ‘‘section 2 of the Government Losses

36 in Shipment Act (40 U.S.C. 722)’’ and substitute ‘‘section 17303(a)

37 of title 40’’; and

38 (B) in subsection (b), strike ‘‘Section 3 of the Government Losses

39 in Shipment Act (40 U.S.C. 723) (related to finality of decisions

40 of the Secretary)’’ and substitute ‘‘Section 17304(c) of title 40’’.
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1 (5) In section 3511(c)(1), strike ‘‘section 205(b) of the Federal Prop2 erty and Administrative Services Act of 1949 (40 U.S.C. 486(b))’’ and

3 substitute ‘‘section 121(b) of title 40’’.

4 (6) In section 3551(3), strike ‘‘section 3 of the Federal Property and

5 Administrative Services Act of 1949 (40 U.S.C. 472)’’ and substitute

6 ‘‘section 102 of title 40’’.

7 (7) In section 3905(f)(1), strike ‘‘section 2 of the Act of August 24,

8 1935 (40 U.S.C. 270b)’’ and substitute ‘‘section 3133(b) of title 40’’.

9 (8) In section 6703(d)(5)—

10 (A) strike ‘‘the Act of March 3, 1931 (commonly known as the

11 Davis-Bacon Act); as amended (40 U.S.C. 276a–276a–5)’’ and sub12 stitute ‘‘sections 3141–3144, 3146, and 3147 of title 40’’; and

13 (B) strike ‘‘section 2 of the Act of June 1, 1934 (commonly known

14 as the Copeland Anti-Kickback Act), as amended (40 U.S.C. 276c,

15 48 Stat. 948)’’ and substitute ‘‘section 3145 of title 40’’.

16 (9) In section 9303—

17 (A) in subsection (d), before clause (1)—

18 (i) strike ‘‘the Act of August 24, 1935 (known as the Miller

19 Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections 3131

20 and 3133 of title 40’’; and

21 (ii) strike ‘‘section 3 of the Act (40 U.S.C. 270c)’’ and sub22 stitute ‘‘section 3133(a) of title 40’’;

23 (B) in subsection (d)(1)—

24 (i) strike ‘‘the Act of August 24, 1935 (known as the Miller

25 Act) (40 U.S.C. 270a–270d)’’ and substitute ‘‘sections 3131

26 and 3133 of title 40’’; and

27 (ii) strike ‘‘section 2 of the Act (40 U.S.C. 270b)’’ and sub28 stitute ‘‘section 3133(b) of title 40’’; and

29 (C) in subsection (e)(2)(A), strike ‘‘the Act of August 24, 1935

30 (known as the Miller Act) (40 U.S.C. 270a–270d)’’ and substitute

31 ‘‘sections 3131 and 3133 of title 40’’.

32 (i) TITLE 36.—Title 36, United States Code, is amended as follows:

33 (1) In section 2103(a)(1), strike ‘‘section 355 of the Revised Statutes

34 (40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.

35 (2) In section 220314(b), strike ‘‘section 451 of the Legislative Reorga36 nization Act of 1970 (40 U.S.C. 193m–1)’’ and substitute ‘‘section 5108

37 of title 40’’.

38 (j) TITLE 38.—Title 38, United States Code, is amended as follows:

39 (1) In section 115(1), strike ‘‘section 355 of the Revised Statutes (40

40 U.S.C. 255)’’ and substitute ‘‘section 3111 of title 40’’.
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1 (2) In section 310(b), strike ‘‘division E of the Clinger-Cohen Act of

2 1996 (40 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title 40’’.

3 (3) In section 8122(a)(1), strike ‘‘section 321 of the Act of June 30,

4 1932 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.

5 (4) In section 8135(a)(8), strike ‘‘the Act of March 3, 1931 (40 U.S.C.

6 276a—276a–5) (known as the Davis-Bacon Act)’’ and substitute ‘‘sec7 tions 3141–3144, 3146, and 3147 of title 40’’.

8 (5) In section 8162(a)—

9 (A) in paragraph (1), strike ‘‘section 321 of the Act of June 30,

10 1932 (40 U.S.C. 303b), sections 202 and 203 of the Federal Prop11 erty and Administrative Services Act of 1949 (40 U.S.C. 483, 484)’’

12 and substitute ‘‘subchapter II of chapter 5 of title 40, sections 541–

13 555 and 1302 of title 40’’; and

14 (B) in paragraph (3), strike ‘‘the Act of March 3, 1931 (40

15 U.S.C. 276a et seq.)’’ and substitute ‘‘sections 3141–3144, 3146, and

16 3147 of title 40’’.

17 (6) In section 8165(c), strike ‘‘section 204 of the Federal Property and

18 Administrative Services Act of 1949 (40 U.S.C. 485) or the Act of June

19 8, 1896 (40 U.S.C. 485a)’’ and substitute ‘‘subchapter IV of chapter 5

20 of title 40’’.

21 (7) In section 8201(e), strike ‘‘section 321 of the Act of June 30, 1932

22 (40 U.S.C. 303b)’’ and substitute ‘‘section 1302 of title 40’’.

23 (k) TITLE 39.—Section 410(b)(4) of title 39, United States Code, is amend24 ed to read as follows:

25 ‘‘(4) the following provisions of title 40:

26 ‘‘(A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and

27 ‘‘(B) chapters 37 and 173;’’.

28 (l) TITLE 44.—Title 44, United States Code, is amended as follows:

29 (1) In section 311(a), strike ‘‘the Federal Property and Administrative

30 Services Act, approved June 30, 1949, as amended,’’ and substitute ‘‘sub31 title I of title 40 and title III of the Federal Property and Administra32 tive Services Act of 1949 (41 U.S.C. 251 et seq.)’’.

33 (2) In section 2901(13), strike ‘‘section 3(a) of the Federal Property

34 and Administrative Services Act of 1949 (40 U.S.C. 472(a))’’ and sub35 stitute ‘‘section 102 of title 40’’.

36 (3) In section 3501(8)(B), strike ‘‘the Computer Security Act of 1987

37 (Public Law 100–235)’’ and substitute ‘‘section 11332 of title 40’’.

38 (4) In section 3502(9)—

39 (A) strike ‘‘section 5002 of the Clinger-Cohen Act of 1996 (40

40 U.S.C. 1401)’’ and substitute ‘‘section 11101 of title 40’’; and
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1 (B) strike ‘‘section 5142 of that Act (40 U.S.C. 1452)’’ and sub2 stitute ‘‘section 11103 of title 40’’.

3 (5) In section 3504—

4 (A) in subsection (g)(2), strike ‘‘section 5131 of the Clinger-Cohen

5 Act of 1996 (40 U.S.C. 1441), and sections 5 and 6 of the Computer

6 Security Act of 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘sections

7 11331 and 11332(b) and (c) of title 40’’;

8 (B) in subsection (g)(3), strike ‘‘section 5131 of the Clinger-Cohen

9 Act of 1996 (40 U.S.C. 1441) and sections 5 and 6 of the Computer

10 Security Act of 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘sections

11 11331 and 11332(b) and (c) of title 40’’;

12 (C) in subsection (h)(1)(B), strike ‘‘section 5131 of the Clinger13 Cohen Act of 1996 (40 U.S.C. 1441)’’ and substitute ‘‘section 11331

14 of title 40’’; and

15 (D) in subsection (h)(2)—

16 (i) strike ‘‘division E of the Clinger-Cohen Act of 1996 (40

17 U.S.C. 1401 et seq.)’’ and substitute ‘‘subtitle III of title 40’’;

18 and

19 (ii) strike ‘‘section 110 of the Federal Property and Admin20 istrative Services Act of 1949 (40 U.S.C. 757)’’ and substitute

21 ‘‘section 322 of title 40’’.

22 (6) In section 3506—

23 (A) in subsection (g)(2), strike ‘‘the Computer Security Act of

24 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title

25 40’’; and

26 (B) in subsection (g)(3), strike ‘‘the Computer Security Act of

27 1987 (40 U.S.C. 759 note)’’ and substitute ‘‘section 11332 of title

28 40’’.

29 (7) In section 3518(d), strike ‘‘section 5131 of the Clinger-Cohen Act

30 of 1996 (40 U.S.C. 1441) and the Computer Security Act of 1987 (40

31 U.S.C. 759 note)’’ and substitute ‘‘sections 11331 and 11332 of title 40’’.

32 (m) TITLE 46.—Title 46, United States Code, is amended as follows:

33 (1) In section 2101(17), strike ‘‘section 13 of the Coast Guard Author34 ization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

35 (2) In section 3305(c), strike ‘‘section 13 of the Coast Guard Author36 ization Act of 1986’’ and substitute ‘‘section 558 of title 40’’.

37 (n) TITLE 49.—Title 49, United States Code, is amended as follows:

38 (1) In section 103(e)—

39 (A) insert ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Fed40 eral Property’’; and
286

•HR 2068 RH

1 (B) strike ‘‘(40 U.S.C. 471 et seq.)’’ and substitute ‘‘(41 U.S.C.

2 251 et seq.)’’.

3 (2) In section 5325(b), strike ‘‘title IX of the Federal Property and

4 Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and sub5 stitute ‘‘chapter 11 of title 40’’.

6 (3) In section 5333(a)—

7 (A) strike ‘‘the Act of March 3, 1931 (known as the Davis-Bacon

8 Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sections 3141–

9 3144, 3146, and 3147 of title 40’’; and

10 (B) strike ‘‘section 2 of the Act of June 13, 1934 (40 U.S.C.

11 276c)’’ and substitute ‘‘section 3145 of title 40’’.

12 (4) In section 24312—

13 (A) in subsection (a)—

14 (i) strike ‘‘the Act of March 3, 1931 (known as the Davis15 Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec16 tions 3141–3144, 3146, and 3147 of title 40’’; and

17 (ii) strike ‘‘section 107 of the Contract Work Hours and

18 Safety Standards Act (40 U.S.C. 333)’’ and substitute ‘‘section

19 3704 of title 40’’; and

20 (B) in subsection (b), strike ‘‘the Act of March 3, 1931 (known

21 as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute

22 ‘‘sections 3141–3144, 3146, and 3147 of title 40’’

23 (5) In section 40110(c)(2)—

24 (A) in subclause (C), strike ‘‘(as defined in section 13 of the Pub25 lic Buildings Act of 1959 (40 U.S.C. 612))’’ and substitute ‘‘(as de26 fined in section 3301(a) of title 40)’’; and

27 (B) in subclause (F), strike ‘‘title II of the Federal Property and

28 Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)’’ and

29 substitute ‘‘sections 121, 123, and 126 and chapter 5 of title 40’’.

30 (6) In section 44305(a)(1), strike ‘‘sections 1 and 2 of the Government

31 Losses in Shipment Act (40 U.S.C. 721, 722)’’ and substitute ‘‘sections

32 17302 and 17303 of title 40’’.

33 (7) In section 47107(a)(17), strike ‘‘title IX of the Federal Property

34 and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’ and

35 substitute ‘‘chapter 11 of title 40’’.

36 (8) In section 47112(b), strike ‘‘the Act of March 3, 1931 (known as

37 the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)’’ and substitute ‘‘sec38 tions 3141–3144, 3146, and 3147 of title 40’’.

39 (9) In section 49111(d)(1), strike ‘‘section 5 of the Act of June 6, 1924

40 (40 U.S.C. 71d),’’ and substitute ‘‘section 8722 of title 40’’.
287

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1 (o) VETERANS’ BENEFITS PROGRAMS IMPROVEMENT ACT OF 1991.—Sec2 tion 403(e) of the Veterans’ Benefits Programs Improvement Act of 1991 (Pub.

3 L. 102–86, 105 Stat. 424) is amended by striking ‘‘section 303b of title 40,

4 sections 483 and 484 of title 40’’ and substituting ‘‘subchapter II of chapter

5 5 of title 40, sections 541–555 and 1302 of title 40’’.

6 SEC. 4. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND ADMIN7 ISTRATIVE SERVICES ACT OF 1949.

8 Title V of the Federal Property and Administrative Services Act of 1949

9 (ch. 288), as added by section 6(d) of the Act of September 5, 1950 (ch. 849,

10 64 Stat. 583), is repealed.

11 SEC. 5. LEGISLATIVE PURPOSE AND CONSTRUCTION.

12 (a) PURPOSE.—The purpose of this Act is to revise, codify, and enact with13 out substantive change the general and permanent laws of the United States

14 related to public buildings, property, and works, in order to remove ambigu15 ities, contradictions, and other imperfections and to repeal obsolete, super16 fluous, and superseded provisions.

17 (b) NO SUBSTANTIVE CHANGE.—

18 (1) IN GENERAL.—This Act makes no substantive change in existing

19 law and may not be construed as making a substantive change in exist20 ing law.

21 (2) DEEMED DATE OF ENACTMENT FOR CERTAIN PURPOSES.—For

22 purposes of determining whether one provision of law supersedes another

23 based on enactment later in time, and otherwise to ensure that this Act

24 makes no substantive change in existing law, the date of enactment of

25 a provision restated in section 1 or 2 of this Act is deemed to remain

26 unchanged, continuing to be the date of enactment of the underlying pro27 vision of public law that is being restated.

28 (3) INCONSISTENT LAWS ENACTED AFTER MARCH 31, 2002.—This Act

29 restates certain laws enacted before April 1, 2002. Any law enacted after

30 March 31, 2002, that is inconsistent with this Act, including any law

31 purporting to amend or repeal a provision that is repealed by this Act,

32 supersedes this Act to the extent of the inconsistency.

33 (c) REFERENCES.—A reference to a law replaced by section 1 or 2 of this

34 Act, including a reference in a regulation, order, or other law, is deemed to

35 refer to the corresponding provision enacted by this Act.

36 (d) CONTINUING EFFECT.—An order, rule, or regulation in effect under a

37 law replaced by section 1 or 2 of this Act continues in effect under the cor38 responding provision enacted by this Act until repealed, amended, or super39 seded.

40 (e) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or an

41 offense committed under a law replaced by section 1 or 2 of this Act is deemed
288

•HR 2068 RH

1 to have been taken or committed under the corresponding provision enacted

2 by this Act.

3 (f) INFERENCES.—An inference of a legislative construction is not to be

4 drawn by reason of the location in the United States Code of a provision en5 acted by this Act or by reason of a caption or catch line of the provision.

6 (g) SEVERABILITY.—If a provision enacted by this Act is held invalid, all

7 valid provisions that are severable from the invalid provision remain in effect.

8 If a provision enacted by this Act is held invalid in any of its applications,

9 the provision remains valid for all valid applications that are severable from

10 any of the invalid applications.

11 SEC. 6. REPEALS.

12 (a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not

13 be construed as a legislative inference that the provision was or was not in

14 effect before its repeal.

15 (b) REPEALER SCHEDULE.—The laws specified in the following schedule

16 are repealed, except for rights and duties that matured, penalties that were

17 incurred, and proceedings that were begun before the date of enactment of this

18 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. 422 ................ ..................................................................... 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
289

•HR 2068 RH

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

1893

Mar. 3 211 .............. 3 ................................................................. 27 715 ................. 286

1895

Mar. 2 189 .............. (words after last comma in 1st par. on

p. 959).

28 959 ................. 190a

1896

June 8 373 .............. ..................................................................... 29 268 ................. 485a

1898

July 1 543 .............. 5 ................................................................. 30 570 ................. 79

546 .............. 1 (6th complete par. on p. 614) ............... 30 614 ................. 285

July 7 571 .............. (last par. under catchline ‘‘Capitol and

Grounds’’).

30 672 ................. 164

1899

Mar. 3 458 .............. 2 (2d par.) ................................................. 30 1378 ............... 89

1900 Apr. 17 192 .............. (words between 1st and 2d semicolons

(related to absence, disability, or vacancy) under catchline ‘‘Office of the

Architect of the Capitol’’).

31 125 ................. 164

1901 Mar. 3 830 .............. 1 (words between 1st and 2d semicolons

(related to absence, disability, or vacancy) under catchline ‘‘Office of the

Architect of the Capitol’’).

31 1000 ............... 164

1902 Apr. 28 594.............. 1 (6th, last pars. on p. 152) .................... 32 152 ................. 19, 31

1903 Feb. 25 755 .............. 1 (7th par. on p. 865) .............................. 32 865 ................. 484–1

Mar. 3 1007 ............ 1 (4th complete par. on p. 1112) ............. 32 1112 ............... 304

1905

Mar. 3 1483 ............ 1 (words before ‘‘namely’’ in last sentence of 9th par. on p. 1161).33 1161 ............... 279

1908

May 27 200 .............. 1 (7th complete par. on p. 327, 1st complete par. on p. 356, proviso on p.

358).

35 327, 356, 358 43 note, 64,

283

May 30 228 .............. 34............................................................... 35 545 ................. 261

1909

Feb. 9 101 .............. (3d par. under heading ‘‘War Department’’).35 615 ................. 43 note

Mar. 4299 .............. 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. 24355 .............. 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
290

•HR 2068 RH

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

1918

July 9 143 .............. (last par. on p. 850) ................................. 40 850 ................. 314

Aug. 31 164.............. 1 (6th par., words before ‘‘and over’’ in

last par. under heading ‘‘Washington

Aqueduct.’’).

40 951 ................. 100

1919

Feb. 25 39 ................ 3 ................................................................. 40 1173 ............... 314

Aug. 25 52 ................ ..................................................................... 41 281 ................. 271

1920

Feb. 28 91 ................ 213 ............................................................. ........ ........................ 316

Mar. 6 94................ (proviso in last par. under heading

‘‘Public Buildings’’).

41 507 ................. 272

May 29 214.............. 1 (1st complete par. on p. 642, words in

par. under heading ‘‘Independent

Treasury’’).

41 642, 654 ........ 42, 285

June 5 235 .............. (2d complete par. on p. 913) ................... 41 913 ................. 113

253 .............. 1 (1st par. under heading ‘‘Legislative’’) 41 1035 ............... 186

1921

Mar. 3 123 .............. ..................................................................... 41 1251 ............... 307

1922

Feb. 17 55 ................ (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in 1st complete

par. on p. 387, 1st proviso on p. 388).

42 369, 387, 388 25, 284, 312,

313

Mar. 20 103 .............. (last par. (related to inspection) on p.

430).

42 430 ................. 26

1923 Jan. 3 22 ................ (last proviso in 2d par. and 3d par.

under heading ‘‘General Supply Committee’’, last proviso in 2d par. on p.

1108, 1st proviso on p. 1109).

42 1090, 1108, 1109.25, 284, 312, 313

Jan. 24 42 ................ (proviso in 1st complete par. on p. 1211) 42 1211 ............... 115

Feb. 20 98 ................ (par. (related to inspection) under catchline ‘‘Capitol Power Plant’’).42 1273 ............... 26

1924

Apr. 484................ (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. 4549 .............. 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
291

•HR 2068 RH

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. 24189 .............. (provisos in 3d par. on p. 1219) ............. 441219 ............... 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 14551 .............. 1 (words between 1st and 2d semicolons

(related to inspection) in last par. on

p. 526).

45 526 ................. 26

May 24726 .............. ..................................................................... 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

1933 Feb. 11 48 ................ 1 ................................................................. 47 799 ................. 124, 125
292

•HR 2068 RH

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

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. 244.................. 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 14110 .............. 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 14180 .............. 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
293

•HR 2068 RH

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 ................ ..................................................................... 5419 ................... 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).

5469, 70, 77 ...... 109a, 284,

313, 313a

June 12 333 .............. (3d par. under heading ‘‘Department of

Vehicles and Traffic’’).

54334................. 60a

June 15 373 .............. ..................................................................... 54399 ................. 276a, 276a note June 18 396 .............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

54472 ................. 166a

July 18 634.............. ..................................................................... 54 764................. 109, 109a

635 .............. ..................................................................... 54 764 ................. 304a–304d

Aug. 13 666 .............. ..................................................................... 54788 ................. 316

Sept. 9 717 .............. (3d proviso under heading ‘‘Military

Posts’’).

54873 ................. 269a

Oct. 8 756 .............. (1st proviso on p. 968) ............................. 54968 ................. 269a

Oct. 9 793 .............. ..................................................................... 541083 ............... 255

Oct. 22 908 .............. 6 ................................................................. 541208 ............... 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
294

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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. 2492 ................ (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 14290 .............. ..................................................................... 62 235 ................. 129a–130a

June 1 359 .............. ..................................................................... 62 281 ................. 318–318d

June 14466 .............. (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 24139 .............. 134............................................................. 63 108 ................. 276c

June 16 218 .............. 404, 405, 410–413 ..................................... 63 199, 200 ........ 298a, 298a

note, 298b,

298d, 356,

356a

June 22 235 .............. 101 (1st complete par. on p. 224) ........... 63 224 ................. 166a

June 29 279 .............. (1st proviso on p. 319) ............................. 63 319 ................. 60a
295

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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. 24506 .............. 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.

64578, 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’’).

64602, 706, 708, 764.33a, 166a,

278c, 313–

1, 756 note

Sept. 27 1052 ............ (par. under heading ‘‘General Supply

Fund’’).

641056 ............... 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. 24559 .............. 1–9, 11 ....................................................... 65 634................. 193n–193v,

193x

Oct. 31 654 .............. 1(73)–(97), 2(1), (20), (24), 4(8) ............. 65 704, 706, 707,

709.

5a, 7, 8–13,

14, 15–18,

20, 21, 27a,

44, 110–

112, 114,

116, 117,

119, 266,

269, 273,

287, 294,

302, 303a,

304, 311b,

312, 484–1,

485a

Nov. 1 664.............. 1307 ........................................................... 65 756 ................. 33a

1952

July 5 576 .............. (3d proviso in 1st complete par. on p.

385, proviso on p. 400).

66 385, 400 ........ 60a, 313–2

July 9 598 .............. (last par. under heading ‘‘Office of the

Architect of the Capitol’’).

66 472 ................. 166a

July 10 630 .............. 633 ............................................................. 66 537 ................. 483a

July 12 703 .............. 1(a)–(l) ...................................................... 66 593 ................. 472, 483, 484,

487, 490,

756, 41:259

July 15 758 .............. 1407 ........................................................... 66 660 ................. 33a

July 19 949 .............. 1 ‘‘Sec. 1–4(a), (d), (e), 5, 7–10’’, 2 ........ 66 781, 787, 789 71, 71 note,

71a–71d,

71f–72, 73,

74
296

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Schedule of Laws Repealed—Continued

Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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 24359 .............. (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

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. 486–135 ........ ..................................................................... 73 279 ................. 270b, 270b

note, 270c

Aug. 18 86–166 ........ 616 ............................................................. 73 381 ................. 483a
297

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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. 1486–255 ........ (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 ........ ..................................................................... 74223 ................. 131, 131 note,

132–135

July 5 86–591 ........ ..................................................................... 74330 ................. 756

July 7 86–601 ........ 516 ............................................................. 74352 ................. 483a

86–608 ........ ..................................................................... 74363 ................. 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’’) ...... 74455 ................. 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. 487–372 ........ ..................................................................... 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. 2487–600 ........ ..................................................................... 76 401 ................. 756

Aug. 31 87–619 ........ ..................................................................... 76 414 ................. 486

Sept. 14 87–658 ........ 6 ................................................................. 76 544 ................. 462

Sept. 25 87–683 ........ ..................................................................... 76 575 ................. 71a

Oct. 2 87–730 ........ (last par. under heading ‘‘Salaries’’) ...... 76 688 ................. 166a

Oct. 3 87–741 ........ (par. under heading ‘‘General Supply

Fund’’, last par. on p. 727).

76 725, 727 ........ 313–2, 756

note

Oct. 10 87–786 ........ ..................................................................... 76 805 ................. 484

Oct. 23 87–847 ........ ..................................................................... 76 1117 ............... 757

87–852 ........ ..................................................................... 76 1129 ............... 319c

1963

May 17 88–25 .......... (par. under heading ‘‘General Supply

Fund’’).

77 26 ................... 756 note

Oct. 17 88–149 ........ 516 ............................................................. 77 267 ................. 483a

Dec. 19 88–215 ........ (par. under heading ‘‘General Supply

Fund’’, 4th par. on p. 436).

77 434, 436 ........ 313–2, 756

note

Dec. 30 88–248 ........ (last par. under heading ‘‘Salaries’’) ...... 77 812 ................. 166a
298

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

1964 July 2 88–349 ........ 1 ................................................................. 78 238 ................. 276a

Aug. 1 88–391 ........ ..................................................................... 78 365 ................. 193r, 193t,

193v, 193x

Aug. 1488–426 ........ 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 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
299

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specified)

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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) ...................................................... 84235 ................. 40 App.:214

June 30 91–297 ........ 201(c) ......................................................... 84357 ................. 210a note

July 29 91–358 ........ 173(a)(1) .................................................... 84591 ................. 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).

84817, 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) ....................................................... 841293 ............... 304m

Dec. 17 91–556 ........ (4th par. under heading ‘‘General Provisions’’).84 1448 ............... 313–2

1971 Jan. 11 91–668 ........ 817 ............................................................. 842033 ............... 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. 492–362 ........ 1 ................................................................. 86 503 ................. 484

Oct. 21 92–520 ........ 1, 41 ........................................................... 86 1019, 1026 .... 601 note, 616

note Oct. 26 92–570 ........ 717 ............................................................. 86 1199 ............... 483a

Oct. 27 92–578 ........ 1–14, 16, 17 ............................................... 86 1266, 1274 .... 871, 871 note, 872–885 92–582 ........ ..................................................................... 86 1278 ............... 541–544

1973 July 6 93–62 .......... ..................................................................... 87 146 ................. 802, 804

July 10 93–72 .......... ..................................................................... 87 169 ................. 607

Aug. 6 93–83 .......... 2 ................................................................. 87 216 ................. 484

Nov. 1 93–145 ........ (last par. under heading ‘‘Salaries’’) ...... 87 540 ................. 166a

Dec. 2493–198 ........ 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
300

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specified)

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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. 1494–388 ........ ..................................................................... 90 1188 ............... 885

Sept. 22 94–419 ........ 717 ............................................................. 90 1294 ............... 483a

Oct. 1 94–440 ........ (last par. under heading ‘‘Salaries’’) ...... 90 1452 ............... 166a

Oct. 17 94–519 ........ 1–5, 7–9 ..................................................... 90 2451, 2456 .... 476, 483,

483c, 484,

484 note,

484c, 512

Oct. 18 94–541 ........ 101–105 ..................................................... 90 2505 ............... 490, 601 note,

606, 611,

612a

1977

Aug. 5 95–94.......... (2d par. under heading ‘‘Salaries’’) ........ 91 672 ................. 166a

Sept. 21 95–111 ........ 817 ............................................................. 91 902 ................. 483a

Nov. 18 95–193 ........ ..................................................................... 91 1412 ............... 40 App.:202,

202 note

1978

Sept. 30 95–391 ........ (last par. under heading ‘‘Salaries’’) ...... 92 781 ................. 166a

Oct. 10 95–431 ........ (proviso in par. under heading ‘‘Care of

the Building and Grounds’’).

92 1036 ............... 13a, 13b

Oct. 13 95–457 ........ 818 ............................................................. 92 1247 ............... 483a

Oct. 20 95–491 ........ ..................................................................... 92 1641 ............... 760, 760 note

Oct. 2495–506 ........ ..................................................................... 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. 1496–146 ........ 1(2) ............................................................ 93 1086 ............... 166b

Dec. 20 96–152 ........ 1(b) ............................................................. 93 1099 ...............

Dec. 21 96–154........ 718 ............................................................. 93 1155 ............... 483a

1980

Oct. 8 96–399 ........ 402 ............................................................. 94 1667 ............... 461 note

Oct. 10 96–432 ........ 2, 4, 6(c) .................................................... 94 1852, 1853 .... 193a, 193a

note, 193d

note

Oct. 19 96–470 ........ 101(a), 202(a), 211 ................................... 94 2237, 2242, 2246.50, 514, 610

Dec. 8 96–506 ........ 3 ................................................................. 94 2746 ............... 40 App.:105,

106, 201,

214, 401,

405

Dec. 12 96–514........ 108 ............................................................. 94 2972 ............... 131 note

96–515 ........ 505 ............................................................. 943005 ............... 874 note

Dec. 15 96–527 ........ 718 ............................................................. 943084............... 483a
301

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specified)

Volume Page

Dec. 16 96–536 ........ 101(c) [H.R. 7593 (related to expenses of

travel by the Office of the Architect of

the Capitol)].

943167 ............... 166a

Dec. 18 96–545 ........ 2 ................................................................. 94 3215 ............... 40 App.:202

Dec. 22 96–571 ........ 1–5 ............................................................. 943341 ............... 795, 795 note,

795a–795c

Dec. 28 96–610 ........ ..................................................................... 943564............... 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. 497–88 .......... (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 1498–50 .......... (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. 1498–151 ........ 112 ............................................................. 97 976 ................. 490c note

Nov. 30 98–181 ........ 126(a)(1) .................................................... 97 1175 ............... 484b

Dec. 1 98–191 ........ 8(d), 9(a)(2,), (3) ...................................... 97 1331 ............... 474, 481, 487

Dec. 8 98–212 ........ 716 ............................................................. 97 1441 ............... 483a

1984

Apr. 18 98–269 ........ ..................................................................... 98 156 ................. 270c

July 16 98–360 ........ (par under heading ‘‘Appalachian Regional Development Programs’’).98 418 ................. 40 App.:401 note

July 17 98–367 ........ (par. under heading ‘‘Travel’’) ................ 98 482 ................. 166a

July 18 98–369 ........ 2713(b) ....................................................... 98 1184............... 759 note

Oct. 12 98–473 ........ 101(h) [title VIII, § 8013], (j) [H.R.

5798, title IV, § 6, title V, § 507], 701,

702.

98 1925, 1963, 2129.483a, 484,

490c note,

490d note

Oct. 19 98–524 ........ 4(e)(2) ........................................................ 98 2489 ............... 40 App.:214

1985

Nov. 1 99–141 ........ (par under heading ‘‘Appalachian Regional Development Programs’’).99 577 ................. 40 App.:401

note

Nov. 8 99–145 ........ 1241(a) ...................................................... 99 734 ................. 328

Nov. 13 99–151 ........ (par. under heading ‘‘Travel’’) ................ 99 800 ................. 166a

Dec. 19 99–190 ........ 101(h) [H.R. 3036, title IV, § 6, title V,

§ 507], 139.

99 1291, 1323 .... 490b, 490c

note, 490d

note

Dec. 26 99–218 ........ ..................................................................... 99 1729 ............... 13n

1986

Apr. 7 99–272 ........ 15301–15313 ............................................. 100 335 ................. 901–913

Aug. 22 99–386 ........ 201, 207 ..................................................... 100 822, 823 ........ 484

Oct. 16 99–492 ........ 1 ................................................................. 100 1240 ............... 13n
302

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(title 40 unless otherwise

specified)

Volume Page

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. 1499–652 ........ ..................................................................... 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

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
303

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specified)

Volume Page

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 ........................................................... 1041786 ............... 485

101–514...... (par. under heading ‘‘Appalachian Regional Commission’’).104 2095 ............... 40 App.:401 note 101–520 ...... (par. under heading ‘‘Travel’’) ................ 1042266 ............... 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. 14103–193 ...... ..................................................................... 107 2293 ............... 13n

1994 July 21 103–279 ...... 9 ................................................................. 108 1416 ............... 193r, 193u,

193v July 22 103–283 ...... (par. under heading ‘‘Travel’’) ................ 108 1434 ............... 166a

Aug. 26 103–316 ...... (par. under heading ‘‘Appalachian Regional Commission’’).108 1720 ............... 40 App.:401

note 103–321 ...... 2 ................................................................. 108 1793 ............... 1001 note,

1002, 1003,

1006–1010 Sept. 30 103–329 ...... (par. under heading ‘‘Payment of Government Losses in Shipment’’), 505,

611.

108 2387, 2409,

2418.

486a, 490c

note, 722a

Oct. 13 103–355 ...... 1555, 4104(b), (c), 7301–7306, 8301(b),

10005(a)(2), (b)(2), (f)(1), (2).

108 3300, 3341,

3382, 3396,

3406, 3408.

270a, 270a

notes,

270d–1,

276d, 276d

notes,

276d–1—

276d–3,

329, 333,

334, 471

notes, 481,

541 note Nov. 2 103–437 ...... 14(b), (d), (e) ............................................. 108 4590, 4591 .... 606, 610, 874,

40 App.:403

1995 Nov. 13 104–46 ........ (par. under heading ‘‘Appalachian Regional Commission’’).

109 416 ................. 40 App.:401

note Nov. 15 104–50 ........ 401–405 ..................................................... 109 463 ................. 1301, 1301

note, 1302–

1304 Nov. 19 104–52 ........ 5, 503, 611 ................................................. 109 486, 491, 499 486a, 490c,

490h

104–53 ........ (par. under heading ‘‘Travel’’) ................ 109 527 ................. 166a

Dec. 21 104–66 ........ 2091(a) ...................................................... 109 730 ................. 484

Dec. 22 104–68 ........ 1 ................................................................. 109 766 ................. 1101 note
304

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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. 24104–132 ...... 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. 14105–83 ........ (last proviso in par. under heading ‘‘National Capital Planning Commission’’).111 1589 ............... 71a note

Nov. 18 105–85 ........ 850(f)(2), 852, 1073(h)(4) ........................ 111 1849, 1851, 1907.1441 note,

1492, 1501

Nov. 19 105–95 ........ 4 (related to section 9(3) of the Act of

October 24, 1951).

111 2149 ............... 193v

105–100 ...... 157(f) ......................................................... 111 2187 ............... 138

Nov. 26 105–119 ...... 118 ............................................................. 111 2468 ............... 484

1998 June 9 105–178 ...... 1117(c), 1211(b), 1212(a)(2)(B)(iii), 1222.

112 160, 188, 193, 223.819a, 40

App.:201,

403, 405,

405 note Aug. 7 105–220 ...... 199(a)(4) .................................................... 112 1059 ............... 40 App.:211

Oct. 7 105–245 ...... (par. under heading ‘‘Appalachian Regional Commission’’).112 1854 ............... 40 App.:401 note Oct. 21 105–277 ...... 101(h) [title IV, 6th 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
305

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Statutes at Large

Date Chapter or

Public Law Section

Statutes at Large U.S. Code

(title 40 unless otherwise

specified)

Volume Page

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 ............................................................. 1142421 ............... 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.
House Calendar No. 161

107TH CONGRESS

2D SESSION H. R. 2068

[Report No. 107–479]

A BILL

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’’.

MAY 20, 2002

Reported with an amendment, referred to the House

Calendar, and ordered to be printed