of, or on or during, occupancy of the space. The Administrator shall de-
termine and equitably apportion the total amount to be paid among the
agencies to whom space has been assigned.
(2) LEASED SPACES.—To the extent that the appropriations of the Ad-
ministration not otherwise required are inadequate, the Administrator
may require each federal agency to which leased space has been assigned
to pay promptly by check to the Administrator out of its available ap-
propriations any part of the estimated cost of rent, repairs, alterations,
maintenance, operation, and moving. Payment may be either in advance
or during occupancy of the space. When space in a building is occupied
by two or more agencies, the Administrator shall determine and equi-
tably apportion rental, operation, and other charges on the basis of the
total amount of space leased.
(f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be ap-
propriated to cover the costs incident to the sale or lease of real property, or
authorized demolition of buildings on the property, declared to be surplus to
the needs of any federal agency under this section, and the care, maintenance,
and protection of the property, including pay of employees, travel of Govern-
ment employees, brokers’ fees not in excess of rates paid for similar services
in the community where the property is situated, appraisals, photographs,
surveys, evidence of title and perfecting of defective titles, advertising, and
telephone and telegraph charges. However, the agency remains responsible for
the proper care, maintenance, and protection of the property until the Admin-
istrator assumes custody or other disposition of the property is made.
(g) REGULATIONS.—The Administrator may prescribe regulations as nec-
essary to carry out this section.
§ 1304. Transfer of federal property to States
(a) OBSOLETE BUILDINGS AND SITES.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’s discretion, on terms the Administrator considers proper,
and under regulations the Administrator may prescribe, may sell prop-
erty described in paragraph (2) to a State or a political subdivision of
a State for public use if the Administrator considers the sale to be in
the best interest of the Federal Government.
(2) APPLICABLE PROPERTY.—The property referred to in paragraph
(1) is any federal building, building site, or part of a building site under
the Administrator’s control that has been replaced by a new structure
and that the Administrator determines is no longer needed by the Gov-
ernment.
(3) PRICE.—The purchase price for a sale under this section must be
at least 50 percent of the value of the land as appraised by the Adminis-
trator.
(4) PROCEEDS OF SALE.—The proceeds of a sale under this section
shall be deposited in the Treasury as miscellaneous receipts.
(5) PAYMENT TERMS.—The Administrator may enter into a long term
contract for the payment of the purchase price in installments that the
Administrator considers fair and reasonable. The Administrator may
waive any requirement for interest charges on deferred payment.
(6) CONVEYANCE.—The Administrator may convey property sold
under this section by the usual quitclaim deed.
(b) WIDENING OF PUBLIC ROADS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive agency’’
means an executive department or independent establishment in the exec-
utive branch of the Government, including any wholly owned Govern-
ment corporation.
(2) IN GENERAL.—When a State or a political subdivision of a State
applies for a conveyance or transfer of real property of the Government
in connection with an authorized widening of a public highway, street,
or alley, the head of the executive agency that controls the affected real
property may convey or transfer to the State or political subdivision,
with or without consideration, an interest in the real property that the
agency head determines is not adverse to the interests of the Government.
A conveyance or transfer under this subsection is subject to terms and
conditions the agency head considers necessary to protect the interests of
the Government.
(3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An interest
in real property which can be transferred to a State or a political sub-
division of a State for highway purposes under title 23 may not be con-
veyed or transferred under this subsection.
(4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way
over, under, and through public lands and lands in the National Forest
System may not be granted under this subsection.
§ 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for disposal as ex-
cess property under this subtitle and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land acquired
by the Federal Government by devise.
§ 1306. Disposition of abandoned or forfeited personal prop-
erty
(a) DEFINITIONS.—In this section—
(1) AGENCY.—The term ‘‘agency’’ includes any executive department,
independent establishment, board, commission, bureau, service, or divi-
sion of the Federal Government, and any corporation in which the Gov-
ernment owns at least a majority of the stock.
(2) PROPERTY.—The term ‘‘property’’ means all personal property,
including vessels, vehicles, and aircraft.
(b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban-
doned to any agency in a way that vests title to the property in the Govern-
ment may be retained by the agency and devoted to official use only. If the
agency does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator of General Services to that effect, and
the Administrator, within a reasonable time, shall—
(1) order the agency to deliver the property to another agency that re-
quests the property and that the Administrator believes should be given
the property; or
(2) order disposal of the property as otherwise provided by law.
(c) FORFEITED PROPERTY.—
(1) AGENCY RETAINS PROPERTY.—An agency that seizes property that
has been forfeited to the Government other than by court decree may re-
tain the property and devote it only to official use instead of disposing
of the property as otherwise provided by law if competent authority does
not order the property returned to any claimant.
(2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agency
does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator to that effect, and the property—
(A) if not ordered by competent authority to be returned to any
claimant, or disposed of as otherwise provided by law, shall be de-
livered by the agency, on order of the Administrator given within
a reasonable time, to another agency that requests the property and
that the Administrator believes should be given the property; or
(B) on order of the Administrator given within a reasonable time,
shall be disposed of as otherwise provided by law.
(d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—
(1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun for
the forfeiture of any property by court decree, the agency that seized the
property immediately shall notify the Administrator and at the same
time may file with the Administrator a request for the property for its
official use.
(2) APPLICATION FOR COURT ORDER TO DELIVER PROPERTY.—
(A) IN GENERAL.—Before entry of a decree, the Administrator
shall apply to the court to order delivery of the property in accord-
ance with this paragraph.
(B) DELIVERY TO SEIZING AGENCY.—If the agency that seized the
property files a request for the property under paragraph (1), the
Administrator shall apply to the court to order delivery of the prop-
erty to the agency that seized the property.
(C) DELIVERY TO OTHER REQUESTING AGENCY.—If the agency
that seized the property does not file a request for the property
under paragraph (1) but another agency requests the property, the
Administrator shall apply to the court to order delivery of the prop-
erty to the requesting agency if the Administrator believes that the
requesting agency should be given the property.
(D) DELIVERY TO SEIZING AGENCY FOR TEMPORARY HOLDING.—
If application to the court cannot be made under subparagraph (B)
or (C) and the Administrator believes the property may later be-
come necessary to any agency for official use, the Administrator
shall apply to the court to order delivery of the property to the agen-
cy that seized the property, to be retained in its custody. Within
a reasonable time, the Administrator shall order the agency to—
(i) deliver the property to another agency that requests the
property and that the Administrator believes should be given
the property; or
(ii) dispose of the property as otherwise provided by law.
(3) FORFEITURE DECREED.—If forfeiture is decreed and the property
is not ordered by competent authority to be returned to any claimant,
the court shall order delivery as provided in paragraph (2).
(4) WHEN NO APPLICATION MADE.—The court shall dispose of prop-
erty for which no application is made in accordance with law.
(e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention or
delivery of forfeited or abandoned property under this section is deemed to
be a sale of the property for the purpose of laws providing for informer’s fees
or remission or mitigation of a forfeiture. Property acquired under this sec-
tion when no longer needed for official use shall be disposed of in the same
manner as other surplus property.
(f) PAYMENT OF COSTS RELATED TO PROPERTY.—
(1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available
to an agency for the purchase, hire, operation, maintenance, and repair
of any property is available for—
(A) the payment of expenses of operation, maintenance, and re-
pair of property of the same kind the agency receives under this sec-
tion for official use;
(B) the payment of a lien recognized and allowed under law;
(C) the payment of amounts found to be due a person on the au-
thorized remission or mitigation of a forfeiture; and
(D) reimbursement of other agencies as provided in paragraph
(2).
(2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agency
that receives property under this section shall pay the cost of hauling,
transporting, towing, and storing the property. If the property is later
delivered to another agency for official use under this section, the agency
to which the property is delivered shall make reimbursement for all of
those costs incurred prior to the date the property is delivered.
(g) REPORT.—With the approval of the Secretary of the Treasury, the Ad-
ministrator may require an agency to make a report of all property aban-
doned to it or seized and the disposal of the property.
(h) ADMINISTRATIVE.—
(1) REGULATIONS.—With the approval of the Secretary, the Adminis-
trator may prescribe regulations necessary to carry out this section.
(2) OTHER LAWS NOT REPEALED.—This section does not repeal any
other laws relating to the disposition of forfeited or abandoned property,
except provisions of those laws directly in conflict with this section which
were enacted prior to August 27, 1935.
(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SECTION.—
The following classes of property are not subject to allocation under this
section, but shall be disposed of in the manner otherwise provided by law:
(A) narcotic drugs, as defined in the Controlled Substances Act
(21 U.S.C. 801 et seq.).
(B) firearms, as defined in section 5845 of the Internal Revenue
Code of 1986 (26 U.S.C. 5845).
(C) other classes or kinds of property the disposal of which the
Administrator, with the approval of the Secretary, may consider in
the public interest, and may by regulation provide.
§ 1307. Disposition of securities
The President, or an officer, agent, or agency the President may designate,
may dispose of any securities acquired on behalf of the Federal Government
under the provisions of the Transportation Act of 1920 (ch. 91, 41 Stat. 456),
including any securities acquired as an incident to a case under title 11,
under a receivership or reorganization proceeding, by assignment, transfer,
substitution, or issuance, or by acquisition of collateral given for the payment
of obligations to the Government, or may make arrangements for the extension
of the maturity of the securities, in the manner, in amounts, at prices, for
cash, securities, or other property or any combination of cash, securities, or
other property, and on terms and conditions the President or designee con-
siders advisable and in the public interest.
§ 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et
seq.), horses and mules belonging to the Federal Government that have become
unfit for service may be destroyed or put out to pasture, either on pastures
belonging to the Government or those belonging to financially sound and rep-
utable humane organizations whose facilities permit them to care for the
horses and mules during the remainder of their natural lives, at no cost to
the Government.
§ 1309. Preservation, sale, or collection of wrecked, aban-
doned, or derelict property
The Administrator of General Services may make contracts and provisions
for the preservation, sale, or collection of property, or the proceeds of property,
which may have been wrecked, been abandoned, or become derelict, if the Ad-
ministrator considers the contracts and provisions to be in the interest of the
Federal Government and the property is within the jurisdiction of the United
States and should come to the Government. A contract may provide com-
pensation the Administrator considers just and reasonable to any person who
gives information about the property or actually preserves, collects, surren-
ders, or pays over the property. Under each specific agreement for obtaining,
preserving, collecting, or receiving property or making property available, the
costs or claim chargeable to the Government may not exceed amounts realized
and received by the Government.
§ 1310. Sale of war supplies, land, and buildings
(a) IN GENERAL.—The President, through the head of any executive depart-
ment and on terms the head of the department considers expedient, may sell
to a person, another department of the Federal Government, or the govern-
ment of a foreign country engaged in war against a country with which the
United States is at war—
(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the
plant or factory may be situated, acquired since April 6, 1917, for the
production of war supplies, materials, and equipment that, during the
emergency existing on July 9, 1918, may have been purchased, acquired,
or manufactured by the Government.
(b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns and
ammunition authorized under any law shall be limited to—
(1) other departments of the Government;
(2) governments of foreign countries engaged in war against a country
with which the United States is at war; and
(3) members of the National Rifle Association and of other recognized
associations organized in the United States for the encouragement of
small-arms target practice.
§ 1311. Authority of President to obtain release
For the use or benefit of the Federal Government, the President may obtain
from an individual or officer to whom land has been or will be conveyed a
release of the individual’s or officer’s interest to the Government.
§ 1312. Release of real estate in certain cases
(a) IN GENERAL.—Real estate that has become the property of the Federal
Government in payment of a debt which afterward is fully paid in money
and received by the Government may be conveyed by the Administrator of
General Services to the debtor from whom it was taken or to the heirs or devi-
sees of the debtor or the person that they may appoint.
(b) NONAPPLICATION.—This section does not apply to real estate the Gov-
ernment acquires in payment of any debt arising under the Internal Revenue
Code of 1986 (26 U.S.C. 1 et seq.).
§ 1313. Releasing property from attachment
(a) STIPULATION OF DISCHARGE.—
(1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judicial
proceeding under the laws of a State, district, territory, or possession of
the United States, when property owned or held by the Federal Govern-
ment, or in which the Government has or claims an interest, is seized,
arrested, attached, or held for the security or satisfaction of a claim
made against the property, the Attorney General may direct the United
States Attorney for the district in which the property is located to enter
a stipulation that on discharge of the property from the seizure, arrest,
attachment, or proceeding, the person asserting the claim against the
property becomes entitled to all the benefits of this section.
(2) NONAPPLICATION.—This subsection does not—
(A) recognize or concede any right to enforce by seizure, arrest,
attachment, or any judicial process a claim against property—
(i) of the Government; or
(ii) held, owned, or employed by the Government, or by a
department of the Government, for a public use; or
(B) waive an objection to a proceeding brought to enforce the
claim.
(b) PAYMENT.—After a discharge, a final judgment which affirms the claim
for the security or satisfaction and the right of the person asserting the claim
to enforce it against the property, notwithstanding the claims of the Govern-
ment, is deemed to be a full and final determination of the rights of the per-
son and entitles the person, as against the Government, to the rights the per-
son would have had if possession of the property had not been changed. When
the claim is for the payment of money found to be due, presentation of an
authenticated copy of the record of the judgment and proceedings is sufficient
evidence to the proper accounting officers for the allowance of the claim,
which shall be allowed and paid out of amounts in the Treasury not otherwise
appropriated. The amount allowed and paid shall not exceed the value of the
interest of the Government in the property.
§ 1314. Easements
(a) DEFINITIONS.—In this section—
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an exec-
utive department or independent establishment in the executive branch
of the Federal Government, including a wholly owned Government cor-
poration.
(2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real property
of the Government’’ excludes—
(A) public land (including minerals, vegetative, and other re-
sources) in the United States, including—
(i) land reserved or dedicated for national forest purposes;
(ii) land the Secretary of the Interior administers or super-
vises in accordance with the Act of August 25, 1916 (16 U.S.C.
1, 2, 3, 4) (known as the National Park Service Organic Act);
(iii) Indian-owned trust and restricted land; and
(iv) land the Government acquires primarily for fish and
wildlife conservation purposes and the Secretary administers;
(B) land withdrawn from the public domain primarily under the
jurisdiction of the Secretary; and
(C) land acquired for national forest purposes.
(3) STATE.—The term ‘‘State’’ means a State of the United States, the
District of Columbia, Puerto Rico, and the territories and possessions of
the United States.
(b) GRANT OF EASEMENT.—When a State, a political subdivision or agen-
cy of a State, or a person applies for the grant of an easement in, over, or
on real property of the Government, the executive agency having control of
the real property may grant to the applicant, on behalf of the Government,
an easement that the head of the agency decides will not be adverse to the
interests of the Government, subject to reservations, exceptions, limitations,
benefits, burdens, terms, or conditions that the head of the agency considers
necessary to protect the interests of the Government. The grant may be made
without consideration, or with monetary or other consideration, including an
interest in real property.
(c) RELINQUISHMENT OF LEGISLATIVE JURISDICTION.—In connection with
the grant of an easement, the executive agency concerned may relinquish to
the State in which the real property is located legislative jurisdiction that the
executive agency considers necessary or desirable. Relinquishment of legisla-
tive jurisdiction may be accomplished by filing with the chief executive officer
of the State a notice of relinquishment to take effect upon acceptance or by
proceeding in the manner that the laws applicable to the State may provide.
(d) TERMINATION OF EASEMENT.—
(1) WHEN TERMINATION OCCURS.—The instrument granting the ease-
ment may provide for termination of any part of the easement if there
has been—
(A) a failure to comply with a term or condition of the grant;
(B) a nonuse of the easement for a consecutive 2-year period for
the purpose for which granted; or
(C) an abandonment of the easement.
(2) NOTICE REQUIRED.—If a termination provision is included, it
shall require that written notice of the termination be given to the grant-
ee, or its successors or assigns.
(3) EFFECTIVE DATE.—The termination is effective as of the date of
the notice.
(e) ADDITIONAL EASEMENT AUTHORITY.—The authority conferred by this
section is in addition to, and shall not affect or be subject to, any other law
under which an executive agency may grant easements.
(f) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way over,
under, and through public lands and lands in the National Forest System
may not be granted under this section.
§ 1315. Special police
(a) APPOINTMENT.—The Administrator of General Services, or an official
of the General Services Administration authorized by the Administrator, may
appoint uniformed guards of the Administration as special police without ad-
ditional compensation for duty in connection with the policing of all build-
ings and areas owned or occupied by the Federal Government and under the
charge and control of the Administrator.
(b) POWERS.—Special police appointed under this section have the same
powers as sheriffs and constables on property referred to in subsection (a) to
enforce laws enacted for the protection of individuals and property, prevent
breaches of the peace, suppress affrays or unlawful assemblies, and enforce
regulations prescribed by the Administrator or an official of the Administra-
tion authorized by the Administrator for property under their jurisdiction.
However, the jurisdiction and policing powers of special police do not extend
to the service of civil process.
(c) DETAIL.—On the application of the head of a department or agency
of the Government having property of the Government under its administra-
tion and control, the Administrator or an official of the Administration au-
thorized by the Administrator may detail special police for the protection of
the property and, if the Administrator considers it desirable, may extend to
the property the applicability of regulations and enforce them as provided in
this section.
(d) USE OF OTHER LAW ENFORCEMENT AGENCIES.—When it is considered
economical and in the public interest, the Administrator or an official of the
Administration authorized by the Administrator may utilize the facilities and
services of existing federal law enforcement agencies, and, with the consent of
a state or local agency, the facilities and services of state or local law enforce-
ment agencies.
(e) NONUNIFORMED SPECIAL POLICE.—The Administrator, or an official of
the Administration authorized by the Administrator, may empower officials
or employees of the Administration authorized to perform investigative func-
tions to act as nonuniformed special police to protect property under the
charge and control of the Administration and to carry firearms, whether on
federal property or in travel status. When on real property under the charge
and control of the Administration, officials or employees empowered to act as
nonuniformed special police have the power to enforce federal laws for the pro-
tection of individuals and property and to enforce regulations for that pur-
pose that the Administrator or an official of the Administration authorized
by the Administrator prescribes and publishes. The special police may make
arrests without warrant for any offense committed on the property if the po-
lice have reasonable grounds to believe the offense constitutes a felony under
the laws of the United States and that the individual to be arrested is guilty
of that offense.
(f) ADMINISTRATIVE.—The Administrator or an official of the Administra-
tion authorized by the Administrator may prescribe regulations necessary for
the government of the property under their charge and control, and may
annex to the regulations reasonable penalties, within the limits prescribed in
subsection (g), that will ensure their enforcement. The regulations shall be
posted and kept posted in a conspicuous place on the property.
(g) PENALTIES.—
(1) IN GENERAL.—Except as provided in paragraph (2), a person vio-
lating a regulation prescribed under subsection (f) shall be fined under
title 18, imprisoned for not more than 30 days, or both.
(2) EXCEPTION FOR MILITARY TRAFFIC REGULATION.—
(A) DEFINITION.—For purposes of this paragraph, the term
‘‘military traffic regulation’’ means a regulation for the control of
vehicular or pedestrian traffic on military installations that the
Secretary of Defense prescribes under subsection (f).
(B) IN GENERAL.—A person violating a military traffic regula-
tion shall be fined an amount not exceeding the amount of the max-
imum fine for a similar offense under the criminal or civil law of
the State, district, territory, or possession of the United States
where the military installation in which the violation occurred is
located, imprisoned for not more than 30 days, or both.
SUBTITLE II—PUBLIC BUILDINGS AND WORKS
PART A—GENERAL
CHAPTER
Sec.
31.
GENERAL ................................................................................................................
3101
33.
ACQUISITION, CONSTRUCTION, AND ALTERATION .................................
3301
35.
NON-FEDERAL PUBLIC WORKS ......................................................................
3501
37.
CONTRACT WORK HOURS AND SAFETY STANDARDS .............................
3701
PART B—UNITED STATES CAPITOL
51.
UNITED STATES CAPITOL BUILDINGS AND GROUNDS .........................
5101
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
PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE
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
PART A—GENERAL
CHAPTER 31—GENERAL
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS
Sec.
3101.
Public buildings under control of Administrator of General Services.
3102.
Naming or designating buildings.
3103.
Admission of guide dogs or other service animals accompanying individuals with disabil-
ities.
3104.
Furniture for new buildings.
3105.
Buildings not to be draped in mourning.
SUBCHAPTER II—ACQUIRING LAND
3111.
Approval of sufficiency of title prior to acquisition.
3112.
Federal jurisdiction.
3113.
Acquisition by condemnation.
3114.
Declaration of taking.
3115.
Irrevocable commitment of Federal Government to pay ultimate award when fixed.
3116.
Interest as part of just compensation.
3117.
Exclusion of certain property by stipulation of Attorney General.
3118.
Right of taking as addition to existing rights.
SUBCHAPTER III—BONDS
3131.
Bonds of contractors of public buildings or works.
3132.
Alternatives to payment bonds provided by Federal Acquisition Regulation.
3133.
Rights of persons furnishing labor or material.
3134.
Waivers for certain contracts.
SUBCHAPTER IV—WAGE RATE REQUIREMENTS
3141.
Definitions.
3142.
Rate of wages for laborers and mechanics.
3143.
Termination of work on failure to pay agreed wages.
3144.
Authority of Comptroller General to pay wages and list contractors violating contracts.
3145.
Regulations governing contractors and subcontractors.
3146.
Effect on other federal laws.
3147.
Suspension of this subchapter during a national emergency.
3148.
Application of this subchapter to certain contracts.
SUBCHAPTER V—VOLUNTEER SERVICES
3161.
Purpose.
3162.
Waiver for individuals who perform volunteer services.
SUBCHAPTER VI—MISCELLANEOUS
3171.
Contract authority when appropriation is for less than full amount.
3172.
Extension of state workers’ compensation laws to buildings, works, and property of the
Federal Government.
3173.
Working capital fund for blueprinting, photostating, and duplicating services in General
Services Administration.
3174.
Operation of public utility communications services serving governmental activities.
3175.
Acceptance of gifts of property.
3176.
Administrator of General Services to furnish services in continental United States to
international bodies.
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC
BUILDINGS
§ 3101. Public buildings under control of Administrator of
General Services
All public buildings outside of the District of Columbia and outside of mili-
tary reservations purchased or erected out of any appropriation under the
control of the Administrator of General Services, and the sites of the public
buildings, are under the exclusive jurisdiction and control, and in the custody
of, the Administrator. The Administrator may take possession of the buildings
and assign and reassign rooms in the buildings to federal officials, clerks, and
employees that the Administrator believes should be furnished with offices or
rooms in the buildings.
§ 3102. Naming or designating buildings
The Administrator of General Services may name or otherwise designate
any building under the custody and control of the General Services Adminis-
tration, regardless of whether it was previously named by statute.
§ 3103. Admission of guide dogs or other service animals ac-
companying individuals with disabilities
(a) IN GENERAL.—Guide dogs or other service animals accompanying indi-
viduals with disabilities and especially trained and educated for that purpose
shall be admitted to any building or other property owned or controlled by
the Federal Government on the same terms and conditions, and subject to the
same regulations, as generally govern the admission of the public to the prop-
erty. The animals are not permitted to run free or roam in a building or
on the property and must be in guiding harness or on leash and under the
control of the individual at all times while in a building or on the property.
(b) REGULATIONS.—The head of each department or other agency of the
Government may prescribe regulations the individual considers necessary in
the public interest to carry out this section as it applies to any building or
other property subject to the individual’s jurisdiction.
§ 3104. Furniture for new buildings
Furniture for all new public buildings shall be acquired in accordance with
plans and specifications approved by the Administrator of General Services.
§ 3105. Buildings not to be draped in mourning
No building owned, or used for public purposes, by the Federal Government
shall be draped in mourning nor may public money be used for that purpose.
SUBCHAPTER II—ACQUIRING LAND
§ 3111. Approval of sufficiency of title prior to acquisition
(a) APPROVAL OF ATTORNEY GENERAL REQUIRED.—Public money may
not be expended to purchase land or any interest in land unless the Attorney
General gives prior written approval of the sufficiency of the title to the land
for the purpose for which the Federal Government is acquiring the property.
(b) DELEGATION.—
(1) IN GENERAL.—The Attorney General may delegate the responsi-
bility under this section to other departments and agencies of the Govern-
ment, subject to general supervision by the Attorney General and in ac-
cordance with regulations the Attorney General prescribes.
(2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A department or
agency of the Government that has been delegated the responsibility to
approve land titles under this section may request the Attorney General
to render an opinion as to the validity of the title to any real property
or interest in the property, or may request the advice or assistance of
the Attorney General in connection with determinations as to the suffi-
ciency of titles.
(c) PAYMENT OF EXPENSES FOR PROCURING CERTIFICATES OF TITLE.—
Except where otherwise authorized by law or provided by contract, the ex-
penses of procuring certificates of titles or other evidences of title as the Attor-
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ney General may require may be paid out of the appropriations for the acqui-
sition of land or out of the appropriations made for the contingencies of the
acquiring department or agency of the Government.
(d) NONAPPLICATION.—This section does not affect any provision of law in
effect on September 1, 1970, that is applicable to the acquisition of land or
interests in land by the Tennessee Valley Authority.
§ 3112. Federal jurisdiction
(a) EXCLUSIVE JURISDICTION NOT REQUIRED.—It is not required that the
Federal Government obtain exclusive jurisdiction in the United States over
land or an interest in land it acquires.
(b) ACQUISITION AND ACCEPTANCE OF JURISDICTION.—When the head of
a department, agency, or independent establishment of the Government, or
other authorized officer of the department, agency, or independent establish-
ment, considers it desirable, that individual may accept or secure, from the
State in which land or an interest in land that is under the immediate juris-
diction, custody, or control of the individual is situated, consent to, or cession
of, any jurisdiction over the land or interest not previously obtained. The in-
dividual shall indicate acceptance of jurisdiction on behalf of the Government
by filing a notice of acceptance with the Governor of the State or in another
manner prescribed by the laws of the State where the land is situated.
(c) PRESUMPTION.—It is conclusively presumed that jurisdiction has not
been accepted until the Government accepts jurisdiction over land as provided
in this section.
§ 3113. Acquisition by condemnation
An officer of the Federal Government authorized to acquire real estate for
the erection of a public building or for other public uses may acquire the real
estate for the Government by condemnation, under judicial process, when the
officer believes that it is necessary or advantageous to the Government to do
so. The Attorney General, on application of the officer, shall have condemna-
tion proceedings begun within 30 days from receipt of the application at the
Department of Justice.
§ 3114. Declaration of taking
(a) FILING AND CONTENT.—In any proceeding in any court of the United
States outside of the District of Columbia brought by and in the name of the
United States and under the authority of the Federal Government to acquire
land, or an easement or right of way in land, for the public use, the petitioner
may file, with the petition or at any time before judgment, a declaration of
taking signed by the authority empowered by law to acquire the land de-
scribed in the petition, declaring that the land is taken for the use of the Gov-
ernment. The declaration of taking shall contain or have annexed to it—
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(1) a statement of the authority under which, and the public use for
which, the land is taken;
(2) a description of the land taken that is sufficient to identify the
land;
(3) a statement of the estate or interest in the land taken for public
use;
(4) a plan showing the land taken; and
(5) a statement of the amount of money estimated by the acquiring
authority to be just compensation for the land taken.
(b) VESTING OF TITLE.—On filing the declaration of taking and depositing
in the court, to the use of the persons entitled to the compensation, the amount
of the estimated compensation stated in the declaration—
(1) title to the estate or interest specified in the declaration vests in
the Government;
(2) the land is condemned and taken for the use of the Government;
and
(3) the right to just compensation for the land vests in the persons en-
titled to the compensation.
(c) COMPENSATION.—
(1) DETERMINATION AND AWARD.—Compensation shall be determined
and awarded in the proceeding and established by judgment. The judg-
ment shall include interest, in accordance with section 3116 of this title,
on the amount finally awarded as the value of the property as of the
date of taking and shall be awarded from that date to the date of pay-
ment. Interest shall not be allowed on as much of the compensation as
has been paid into the court. Amounts paid into the court shall not be
charged with commissions or poundage.
(2) ORDER TO PAY.—On application of the parties in interest, the
court may order that any part of the money deposited in the court be
paid immediately for or on account of the compensation to be awarded
in the proceeding.
(3) DEFICIENCY JUDGMENT.—If the compensation finally awarded is
more than the amount of money received by any person entitled to com-
pensation, the court shall enter judgment against the Government for the
amount of the deficiency.
(d) AUTHORITY OF COURT.—On the filing of a declaration of taking, the
court—
(1) may fix the time within which, and the terms on which, the par-
ties in possession shall be required to surrender possession to the peti-
tioner; and
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(2) may make just and equitable orders in respect of encumbrances,
liens, rents, taxes, assessments, insurance, and other charges.
(e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond or un-
dertaking given in a proceeding does not prevent or delay the vesting of title
to land in the Government.
§ 3115. Irrevocable commitment of Federal Government to
pay ultimate award when fixed
(a) REQUIREMENT FOR IRREVOCABLE COMMITMENT.—Action under section
3114 of this title irrevocably committing the Federal Government to the pay-
ment of the ultimate award shall not be taken unless the head of the executive
department or agency or bureau of the Government empowered to acquire the
land believes that the ultimate award probably will be within any limits Con-
gress prescribes on the price to be paid.
(b) AUTHORIZED PURPOSES
OF EXPENDITURES AFTER IRREVOCABLE
COMMITMENT MADE.—When the Government has taken or may take title to
real property during a condemnation proceeding and in advance of final
judgment in the proceeding and has become irrevocably committed to pay the
amount ultimately to be awarded as compensation, and the Attorney General
believes that title to the property has been vested in the Government or that
all persons having an interest in the property have been made parties to the
proceeding and will be bound by the final judgment, the Government may ex-
pend amounts appropriated for that purpose to demolish existing structures
on the property and to erect public buildings or public works on the property.
§ 3116. Interest as part of just compensation
(a) CALCULATION.—The district court shall calculate interest required to be
paid under this subchapter as follows:
(1) PERIOD OF NOT MORE THAN ONE YEAR.—Where the period for
which interest is owed is not more than one year, interest shall be cal-
culated from the date of taking at an annual rate equal to the weekly
average one-year constant maturity Treasury yield, as published by the
Board of Governors of the Federal Reserve System, for the calendar week
preceding the date of taking.
(2) PERIOD OF MORE THAN ONE YEAR.—Where the period for which
interest is owed is more than one year, interest for the first year shall
be calculated in accordance with paragraph (1) and interest for each ad-
ditional year shall be calculated on the amount by which the award of
compensation is more than the deposit referred to in section 3114 of this
title, plus accrued interest, at an annual rate equal to the weekly average
one-year constant maturity Treasury yield, as published by the Board
of Governors of the Federal Reserve System, for the calendar week pre-
ceding the beginning of each additional year.
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(b) DISTRIBUTION OF NOTICE OF RATES.—The Director of the Administra-
tive Office of the United States Courts shall distribute to all federal courts
notice of the rates described in paragraphs (1) and (2) of subsection (a).
§ 3117. Exclusion of certain property by stipulation of Attor-
ney General
In any condemnation proceeding brought by or on behalf of the Federal
Government, the Attorney General may stipulate or agree on behalf of the
Government to exclude any part of the property, or any interest in the prop-
erty, taken by or on behalf of the Government by a declaration of taking or
otherwise.
§ 3118. Right of taking as addition to existing rights
The right to take possession and title in advance of final judgment in con-
demnation proceedings as provided by section 3114 of this title is in addition
to any right, power, or authority conferred by the laws of the United States
or of a State, territory, or possession of the United States under which the
proceeding may be conducted, and does not abrogate, limit, or modify that
right, power, or authority.
SUBCHAPTER III—BONDS
§ 3131. Bonds of contractors of public buildings or works
(a) DEFINITION.—In this subchapter, the term ‘‘contractor’’ means a person
awarded a contract described in subsection (b).
(b) TYPE
OF BONDS REQUIRED.—Before any contract of more than
$100,000 is awarded for the construction, alteration, or repair of any public
building or public work of the Federal Government, a person must furnish
to the Government the following bonds, which become binding when the con-
tract is awarded:
(1) PERFORMANCE BOND.—A performance bond with a surety satisfac-
tory to the officer awarding the contract, and in an amount the officer
considers adequate, for the protection of the Government.
(2) PAYMENT BOND.—A payment bond with a surety satisfactory to
the officer for the protection of all persons supplying labor and material
in carrying out the work provided for in the contract for the use of each
person. The amount of the payment bond shall equal the total amount
payable by the terms of the contract unless the officer awarding the con-
tract determines, in a writing supported by specific findings, that a pay-
ment bond in that amount is impractical, in which case the contracting
officer shall set the amount of the payment bond. The amount of the pay-
ment bond shall not be less than the amount of the performance bond.
(c) COVERAGE FOR TAXES IN PERFORMANCE BOND.—
(1) IN GENERAL.—Every performance bond required under this section
specifically shall provide coverage for taxes the Government imposes
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which are collected, deducted, or withheld from wages the contractor pays
in carrying out the contract with respect to which the bond is furnished.
(2) NOTICE.—The Government shall give the surety on the bond writ-
ten notice, with respect to any unpaid taxes attributable to any period,
within 90 days after the date when the contractor files a return for the
period, except that notice must be given no later than 180 days from the
date when a return for the period was required to be filed under the In-
ternal Revenue Code of 1986 (26 U.S.C. 1 et seq.).
(3) CIVIL ACTION.—The Government may not bring a civil action on
the bond for the taxes—
(A) unless notice is given as provided in this subsection; and
(B) more than one year after the day on which notice is given.
(d) WAIVER OF BONDS FOR CONTRACTS PERFORMED IN FOREIGN COUN-
TRIES.—A contracting officer may waive the requirement of a performance
bond and payment bond for work under a contract that is to be performed
in a foreign country if the officer finds that it is impracticable for the con-
tractor to furnish the bonds.
(e) AUTHORITY TO REQUIRE ADDITIONAL BONDS.—This section does not
limit the authority of a contracting officer to require a performance bond or
other security in addition to those, or in cases other than the cases, specified
in subsection (b).
§ 3132. Alternatives to payment bonds provided by Federal
Acquisition Regulation
(a) IN GENERAL.—The Federal Acquisition Regulation shall provide alter-
natives to payment bonds as payment protections for suppliers of labor and
materials under contracts referred to in section 3131(a) of this title that are
more than $25,000 and not more than $100,000.
(b) RESPONSIBILITIES OF CONTRACTING OFFICER.—The contracting officer
for a contract shall—
(1) select, from among the payment protections provided for in the
Federal Acquisition Regulation pursuant to subsection (a), one or more
payment protections which the offeror awarded the contract is to submit
to the Federal Government for the protection of suppliers of labor and
materials for the contract; and
(2) specify in the solicitation of offers for the contract the payment
protections selected.
§ 3133. Rights of persons furnishing labor or material
(a) RIGHT OF PERSON FURNISHING LABOR OR MATERIAL TO COPY OF
BOND.—The department secretary or agency head of the contracting agency
shall furnish a certified copy of a payment bond and the contract for which
it was given to any person applying for a copy who submits an affidavit that
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the person has supplied labor or material for work described in the contract
and payment for the work has not been made or that the person is being sued
on the bond. The copy is prima facie evidence of the contents, execution, and
delivery of the original. Applicants shall pay any fees the department sec-
retary or agency head of the contracting agency fixes to cover the cost of pre-
paring the certified copy.
(b) RIGHT TO BRING A CIVIL ACTION.—
(1) IN GENERAL.—Every person that has furnished labor or material
in carrying out work provided for in a contract for which a payment
bond is furnished under section 3131 of this title and that has not been
paid in full within 90 days after the day on which the person did or
performed the last of the labor or furnished or supplied the material for
which the claim is made may bring a civil action on the payment bond
for the amount unpaid at the time the civil action is brought and may
prosecute the action to final execution and judgment for the amount due.
(2) PERSON HAVING DIRECT CONTRACTUAL RELATIONSHIP WITH A
SUBCONTRACTOR.—A person having a direct contractual relationship
with a subcontractor but no contractual relationship, express or implied,
with the contractor furnishing the payment bond may bring a civil ac-
tion on the payment bond on giving written notice to the contractor
within 90 days from the date on which the person did or performed the
last of the labor or furnished or supplied the last of the material for
which the claim is made. The action must state with substantial accu-
racy the amount claimed and the name of the party to whom the mate-
rial was furnished or supplied or for whom the labor was done or per-
formed. The notice shall be served—
(A) by any means that provides written, third-party verification
of delivery to the contractor at any place the contractor maintains
an office or conducts business or at the contractor’s residence; or
(B) in any manner in which the United States marshal of the
district in which the public improvement is situated by law may
serve summons.
(3) VENUE.—A civil action brought under this subsection must be
brought—
(A) in the name of the United States for the use of the person
bringing the action; and
(B) in the United States District Court for any district in which
the contract was to be performed and executed, regardless of the
amount in controversy.
(4) PERIOD IN WHICH ACTION MUST BE BROUGHT.—An action brought
under this subsection must be brought no later than one year after the