266
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.
§ 17701. Definitions
In this chapter, the following definitions apply:
(1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a de-
partment, agency, wholly owned corporation, or instrumentality of the
Federal Government.
(2) LONG-LINES COMMUNICATION FACILITIES.—The term ‘‘long-lines
communication facilities’’ means the transmission systems connecting
points inside the State with each other and with points outside the State
by radio or wire, and includes all kinds of property and rights of way
necessary to accomplish this interconnection.
(3) TRANSFER.—The term ‘‘transfer’’ means the conveyance by the
Government of any element of ownership, including any estate or interest
in property, and franchise rights, by sale, exchange, lease, easement, or
permit, for cash, credit, or other property with or without warranty.
§ 17702. Transfer of Government-owned long-lines commu-
nication facilities in and to Alaska
(a) IN GENERAL.—
(1) AUTHORITY OF THE SECRETARY OF DEFENSE.—
(A) REQUIREMENTS
PRIOR
TO
TRANSFER.—Subject to section
17703 of this title and with the advice, assistance, and, in the case
of an agency not under the jurisdiction of the Secretary of Defense,
the consent of the agency concerned, and after approval of the Presi-
dent, the Secretary of Defense shall transfer for adequate consider-
ation any or all long-lines communication facilities in or to Alaska
under the jurisdiction of the Federal Government to any person
qualifying under section 17703.
(B) AUTHORITY TO CARRY OUT CHAPTER.—The Secretary of De-
fense may take action and exercise powers as may be necessary or
appropriate to carry out the purposes of this chapter.
(2) CONSENT
OF
SECRETARY
CONCERNED.—An interest in public
lands, withdrawn or otherwise appropriated, shall not be transferred
under this chapter without the prior consent of the Secretary of the Inte-
rior, or, with respect to lands in a national forest, of the Secretary of
Agriculture.
(3) PROCEDURES
AND
METHODS.—The Secretary of Defense shall
carry out a transfer under this chapter in accordance with the proce-
267
dures and methods required of the Administrator of General Services by
section 545(a) and (b) of this title.
(b) DOCUMENTS OF TITLE OR OTHER PROPERTY INTERESTS.—The head
of the agency concerned (or a designee of the head) shall execute documents
for the transfer of title or other interest in property, except any mineral rights
in the property, and take other action that the Secretary of Defense decides
is necessary or proper to transfer the property under this chapter. A copy of
a deed, lease, or other instrument executed by or on behalf of the head of the
agency concerned purporting to transfer title or another interest in public
land shall be provided to the Secretary of the Interior.
(c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—In
connection with soliciting offers to purchase long-lines facilities of the Alaska
Communication System, the Secretary of Defense shall—
(1) provide any prospective purchaser who requests it data on—
(A) the facilities available for purchase;
(B) the amounts considered to be the current fair and reasonable
value of those facilities; and
(C) the initial rates that will be charged to the purchaser for ca-
pacity in facilities retained by the Government and available for
commercial use;
(2) provide in the request for offers to purchase that offerors must
specify the rates the offerors propose to charge for service and the im-
provements in service the offerors propose to initiate;
(3) provide an opportunity for prospective purchasers to meet as a
group with Department of Defense representatives to ensure that the data
and public interest requirements described in clauses (1) and (2) are
fully understood; and
(4) seek the advice and assistance of the Federal Communications
Commission and the Governor of Alaska (or a designee of the Governor)
to ensure consideration of all public interest factors associated with the
transfer.
(d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements of sec-
tion 559 of this title apply to transfers under this chapter.
§ 17703. National defense considerations and qualification
of transferee
A transfer under this chapter shall not be made unless the Secretary of De-
fense determines that—
(1) the Federal Government does not need to retain the property in-
volved in the transfer for national defense purposes;
(2) the transfer is in the public interest;
268
(3) the person to whom the transfer is made is prepared and qualified
to provide the communication service involved in the transfer without
interruption; and
(4) the long-lines communication facilities will not directly or indi-
rectly be owned, operated, or controlled by a person that would legally
be disqualified from holding a radio station license by section 310(a) of
the Communications Act of 1934 (47 U.S.C. 310(a)).
§ 17704. Contents of agreements for transfer
An agreement by which a transfer is made under this chapter shall provide
that—
(1) subject to regulations of the Federal Communications Commission
and of any body or commission established by Alaska to govern and reg-
ulate communications services to the public and all applicable statutes,
treaties, and conventions, the person to whom the transfer is made shall
provide the communication services involved in the transfer without
interruption, except those services reserved by the Federal Government in
the transfer;
(2) the rates and charges for those services applicable at the time of
transfer shall not be changed for a period of one year from the date of
the transfer unless approved by a governmental body or commission hav-
ing jurisdiction; and
(3) the transfer will not be final until the transferee receives the req-
uisite license and certificate of convenience and necessity to operate
interstate and intrastate commercial communications in Alaska from the
appropriate governmental regulatory bodies.
§ 17705. Approval of Federal Communications Commission
A transfer under this chapter does not require the approval of the Federal
Communications Commission except to the extent that the approval of the
Commission is necessary under section 17704(3) of this title.
§ 17706. Gross proceeds as miscellaneous receipts in the
Treasury
The gross proceeds of each transfer shall be deposited in the Treasury as
miscellaneous receipts.
§ 17707. Reports
The Secretary of Defense shall report to the Congress and the President—
(1) in January of each year, the actions taken under this chapter dur-
ing the preceding 12 months; and
(2) not later than 90 days after completion of each transfer under this
chapter, a full account of that transfer.
269
§ 17708. Nonapplication
This chapter does not modify in any manner the Communications Act of
1934 (47 U.S.C. 151 et seq.).
CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY
EFFICIENCY SWAP
Sec.
17901.
Definitions.
17902.
Sale of electric energy.
17903.
Purchase of electric power.
17904.
Implementation powers and limitations.
§ 17901. Definitions
In this chapter, the following definitions apply:
(1) FEDERAL AGENCY.—The term ‘‘federal agency’’ means a depart-
ment, agency, or instrumentality of the Federal Government.
(2) FEDERALLY GENERATED ELECTRIC ENERGY.—The term ‘‘federally
generated electric energy’’ means any electric power generated by an elec-
tric generating facility owned and operated by a federal agency.
(3) NON-FEDERAL PERSON.—The term ‘‘non-federal person’’ means a
corporation, cooperative, municipality, or other non-federal entity that
generates electric energy through a facility other than a federally owned
electric generating facility.
§ 17902. Sale of electric energy
(a) IN GENERAL.—To conserve oil and natural gas and better utilize coal,
the head of a federal agency may sell, or enter into a contract to sell, to any
non-federal person electric energy generated by coal-fired electric generating
facilities of that agency in Alaska without regard to any provision of law that
precludes the sale when the electric energy to be sold is available from other
local sources, if the head of the federal agency determines that—
(1) the electric energy to be sold is generated by an existing coal-fired
generating facility;
(2) the electric energy to be sold is surplus to the federal agency’s needs
and is in excess of the electric energy specifically generated for consump-
tion by, or necessary to serve the requirements of, another federal agency;
(3) the cost to the ultimate consumers of the electric energy to be sold
is less than the cost that, in the absence of the sale, would be incurred
by those consumers for the purchase of an equivalent amount of energy;
and
(4) the sale will reduce the total consumption of oil or natural gas by
the non-federal person purchasing the electric energy below the level of
consumption that would occur in the absence of the sale.
(b) PRICING POLICIES.—Federally generated electric energy sold by the
head of a federal agency under subsection (a) shall be priced to recover the
fuel and variable operation and maintenance costs of the facility generating
270
the energy that are attributable to that sale, plus an amount equal to one-
half the difference between—
(1) the costs of producing the electric energy by coal generation; and
(2) the costs of producing electric energy by the oil or gas generation
being displaced.
§ 17903. Purchase of electric power
For purposes of economy, efficiency, and conserving oil and natural gas,
the head of a federal agency, when practicable and consistent with other laws
and requirements applicable to that agency, shall endeavor to purchase elec-
tric energy from a non-federal person for consumption in Alaska by a facility
of that agency when (taking into account the remaining useful life of any fa-
cility available to that agency to generate electric energy for that agency and
the cost of maintaining the facility on a standby basis) the purchase will re-
sult in—
(1) a savings to other consumers of electric energy sold by that non-
federal person without increasing the cost incurred by any federal agency
for electric energy; or
(2) a cost savings to the federal agency purchasing the electric energy
without increasing costs to other consumers of electric energy.
§ 17904. Implementation powers and limitations
(a) ACCOMMODATION OF NEEDS FOR ELECTRIC ENERGY.—This chapter
does not require or authorize a federal agency to construct a new electric gen-
erating facility or related facility, to modify an existing facility, or to employ
reserve or standby equipment to accommodate the needs of a non-federal per-
son for electric energy.
(b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received by a fed-
eral agency pursuant to section 17902 of this title from the sale of electric
energy generated from a facility of that agency is available to the agency
without fiscal year limitation to purchase fuel and for operation, mainte-
nance, and other costs associated with that facility.
(c) EXERCISE OF AUTHORITIES.—The authority under this chapter shall
be exercised for those periods and pursuant to terms and conditions that the
head of the federal agency concerned decides are necessary consistent with—
(1) this chapter; and
(2) responsibilities of the head of the federal agency under other law.
(d) NEGOTIATION AND EXECUTION OF CONTRACTS AND OTHER AGREE-
MENTS.—A contract or other agreement executed under this chapter shall be
negotiated and executed by the head of the federal agency selling or pur-
chasing electric energy under this chapter.
271
CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY
FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED IN-
DIVIDUALS
Sec.
18101.
Definitions.
18102.
Federal telecommunications system.
18103.
Research and development.
18104.
TTY installation by Congress.
§ 18101. Definitions
In this chapter—
(1) FEDERAL
AGENCY.—The term ‘‘federal agency’’ has the same
meaning given that term in section 102 of this title.
(2) TTY.—The term ‘‘TTY’’ means a text-telephone used in the trans-
mission of coded signals through the nationwide telecommunications sys-
tem.
§ 18102. Federal telecommunications system
(a) REGULATIONS TO ENSURE ACCESSIBILITY.—The Administrator of
General Services, after consultation with the Architectural and Transpor-
tation Barriers Compliance Board, the Interagency Committee on Computer
Support of Handicapped Employees, the Federal Communications Commis-
sion, and affected federal agencies, shall prescribe regulations to ensure that
the federal telecommunications system is fully accessible to hearing-impaired
and speech-impaired individuals, including federal employees, for commu-
nications with and within federal agencies.
(b) FEDERAL RELAY SYSTEM.—The Administrator shall provide for the
continuation of the existing federal relay system for users of TTY’s.
(c) DIRECTORY.—The Administrator shall assemble, publish, and maintain
a directory of TTY’s and other devices used by federal agencies to comply with
regulations prescribed under subsection (a).
(d) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall publish
access numbers of TTY’s and such other devices in federal agency directories.
(e) LOGO.—After consultation with the Board, the Administrator shall
adopt the design of a standard logo to signify the presence of a TTY or other
device used by a federal agency to comply with regulations prescribed under
subsection (a).
§ 18103. Research and development
(a) SUPPORT FOR RESEARCH.—The Administrator of General Services, in
consultation with the Federal Communications Commission, shall seek to pro-
mote research by federal agencies, state agencies, and private entities to reduce
the cost and improve the capabilities of telecommunications devices and sys-
tems that provide accessibility to hearing-impaired and speech-impaired indi-
viduals.
272
(b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—In plan-
ning future alterations to and modifications of the federal telecommunications
system, the Administrator shall take into account—
(1) modifications that the Administrator determines are necessary to
achieve the objectives of section 18102(a) of this title; and
(2) technological improvements in telecommunications devices and sys-
tems that provide accessibility to hearing-impaired and speech-impaired
individuals.
§ 18104. TTY installation by Congress
Each House of Congress shall establish a policy under which Members of
the House of Representatives and the Senate may obtain TTY’s for use in
communicating with hearing-impaired and speech-impaired individuals, and
for the use of hearing-impaired and speech-impaired employees.
CHAPTER 183—NATIONAL CAPITAL AREA INTEREST
ARBITRATION STANDARDS
Sec.
18301.
Findings and purposes.
18302.
Definitions.
18303.
Standards for arbitrators.
18304.
Procedures for enforcement of awards.
§ 18301. Findings and purposes
(a) FINDINGS.—Congress finds that—
(1) affordable public transportation is essential to the economic vital-
ity of the national capital area and is an essential component of regional
efforts to improve air quality to meet environmental requirements and
to improve the health of both residents of and visitors to the national
capital area as well as to preserve the beauty and dignity of the Nation’s
capital;
(2) use of mass transit by both residents of and visitors to the national
capital area is substantially affected by the prices charged for mass tran-
sit services, prices that are substantially affected by labor costs, since
more than two-thirds of operating costs are attributable to labor costs;
(3) labor costs incurred in providing mass transit in the national cap-
ital area have increased at an alarming rate and wages and benefits of
operators and mechanics currently are among the highest in the Nation;
(4) higher operating costs incurred for public transit in the national
capital area cannot be offset by increasing costs to patrons, since this
often discourages ridership and thus undermines the public interest in
promoting the use of public transit;
(5) spiraling labor costs cannot be offset by the governmental entities
that are responsible for subsidy payments for public transit services since
local governments generally, and the District of Columbia government in
particular, are operating under severe fiscal constraints;
273
(6) imposition of mandatory standards applicable to arbitrators re-
solving arbitration disputes involving interstate compact agencies oper-
ating in the national capital area will ensure that wage increases are
justified and do not exceed the ability of transit patrons and taxpayers
to fund the increase; and
(7) federal legislation is necessary under section 8 of Article I of the
United States Constitution to balance the need to moderate and lower
labor costs while maintaining industrial peace.
(b) PURPOSE.—The purpose of this chapter is to adopt standards governing
arbitration that must be applied by arbitrators resolving disputes involving
interstate compact agencies operating in the national capital area in order
to lower operating costs for public transportation in the Washington metro-
politan area.
§ 18302. Definitions
In this chapter, the following definitions apply:
(1) ARBITRATION.—The term ‘‘arbitration’’—
(A) means the arbitration of disputes, regarding the terms and
conditions of employment, that is required under an interstate com-
pact governing an interstate compact agency operating in the na-
tional capital area; but
(B) does not include the interpretation and application of rights
arising from an existing collective bargaining agreement.
(2) ARBITRATOR.—The term ‘‘arbitrator’’ refers to either a single arbi-
trator, or a board of arbitrators, chosen under applicable procedures.
(3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL CAP-
ITAL AREA.—The term ‘‘interstate compact agency operating in the na-
tional capital area’’ means any interstate compact agency that provides
public transit services and that was established by an interstate compact
to which the District of Columbia is a signatory.
§ 18303. Standards for arbitrators
(a) DEFINITION.—In this section, the term ‘‘public welfare’’ includes, with
respect to arbitration under an interstate compact—
(1) the financial ability of the individual jurisdictions participating
in the compact to pay for the costs of providing public transit services;
and
(2) the average per capita tax burden, during the term of the collective
bargaining agreement to which the arbitration relates, of the residents
of the Washington metropolitan area, and the effect of an arbitration
award rendered under that arbitration on the respective income or prop-
erty tax rates of the jurisdictions that provide subsidy payments to the
interstate compact agency established under the compact.
274
(b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering
an arbitration award involving the employees of an interstate compact agency
operating in the national capital area may not make a finding or a decision
for inclusion in a collective bargaining agreement governing conditions of em-
ployment without considering the following factors:
(1) The existing terms and conditions of employment of the employees
in the bargaining unit.
(2) All available financial resources of the interstate compact agency.
(3) The annual increase or decrease in consumer prices for goods and
services as reflected in the most recent consumer price index for the
Washington metropolitan area, published by the Bureau of Labor Statis-
tics.
(4) The wages, benefits, and terms and conditions of the employment
of other employees who perform, in other jurisdictions in the Washington
standard metropolitan statistical area, services similar to those in the
bargaining unit.
(5) The special nature of the work performed by the employees in the
bargaining unit, including any hazards or the relative ease of employ-
ment, physical requirements, educational qualifications, job training and
skills, shift assignments, and the demands placed upon the employees as
compared to other employees of the interstate compact agency.
(6) The interests and welfare of the employees in the bargaining unit,
including—
(A) the overall compensation presently received by the employees,
having regard not only for wage rates but also for wages for time
not worked, including vacations, holidays, and other excused ab-
sences;
(B) all benefits received by the employees, including previous bo-
nuses, insurance, and pensions; and
(C) the continuity and stability of employment.
(7) The public welfare.
(c) ABILITY TO FINANCE SALARIES AND BENEFITS PROVIDED IN AWARD.—
An arbitrator rendering an arbitration award involving the employees of an
interstate compact agency operating in the national capital area may not,
with respect to a collective bargaining agreement governing conditions of em-
ployment, provide for salaries and other benefits that exceed the ability of the
interstate compact agency, or of any governmental jurisdiction that provides
subsidy payments or budgetary assistance to the interstate compact agency,
to obtain the necessary financial resources to pay for wage and benefit in-
creases for employees of the interstate compact agency.
(d) REQUIREMENTS FOR FINAL AWARD.—