H. R. 2068—73
(b) WIDENING OF PUBLIC ROADS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive
agency’’ means an executive department or independent
establishment in the executive branch of the Government,
including any wholly owned Government 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 Govern-
ment. 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 subdivision of a State for highway purposes under
title 23 may not be conveyed or transferred under this sub-
section.
(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 sub-
section.
§ 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for dis-
posal as excess 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 division of the Federal Government, and
any corporation in which the Government owns at least a
majority of the stock.
(2) PROPERTY.—The term ‘‘property’’ means all personal prop-
erty, including vessels, vehicles, and aircraft.
(b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily
abandoned to any agency in a way that vests title to the property
in the Government 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 immediately shall notify the
Administrator of General Services to that effect, and the Adminis-
trator, within a reasonable time, shall—
(1) order the agency to deliver the property to another agency
that requests 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 prop-
erty that has been forfeited to the Government other than
H. R. 2068—74
by court decree may retain 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 immediately 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 delivered by the agency, on order of the
Administrator given within a reasonable time, to another
agency that requests the property and that the Adminis-
trator believes should be given the property; or
(B) on order of the Administrator given within a reason-
able 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 Adminis-
trator 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 Adminis-
trator shall apply to the court to order delivery of the
property in accordance 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 property 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 property 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 become necessary to any agency
for official use, the Administrator shall apply to the court
to order delivery of the property to the agency that seized
the property, to be retained in its custody. Within a reason-
able 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).
H. R. 2068—75
(4) WHEN NO APPLICATION MADE.—The court shall dispose
of property for which no application is made in accordance
with law.
(e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Reten-
tion 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 for-
feiture. Property acquired under this section 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, mainte-
nance, and repair of any property is available for—
(A) the payment of expenses of operation, maintenance,
and repair of property of the same kind the agency receives
under this section 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 authorized remission or mitigation of a forfeiture;
and
(D) reimbursement of other agencies as provided in para-
graph (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 Administrator may require an agency to make a report of
all property abandoned to it or seized and the disposal of the
property.
(h) ADMINISTRATIVE.—
(1) REGULATIONS.—With the approval of the Secretary, the
Administrator 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 aban-
doned property, except provisions of those laws directly in con-
flict with this section which were enacted prior to August
27, 1935.
(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC-
TION.—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 Sub-
stances 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 Sec-
retary, may consider in the public interest, and may by
regulation provide.
H. R. 2068—76
§ 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 considers 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 Administrator considers the
contracts and provisions to be in the interest of the Federal Govern-
ment and the property is within the jurisdiction of the United
States and should come to the Government. A contract may provide
compensation the Administrator considers just and reasonable to
any person who gives information about the property or actually
preserves, collects, surrenders, 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 execu-
tive department and on terms the head of the department considers
expedient, may sell to a person, another department of the Federal
Government, or the government 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
H. R. 2068—77
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 devisees of the debtor
or the person that they may appoint.
(b) NONAPPLICATION.—This section does not apply to real estate
the Government 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 Government, 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, not-
withstanding the claims of the Government, is deemed to be a
H. R. 2068—78
full and final determination of the rights of the person and entitles
the person, as against the Government, to the rights the person
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 executive department or independent establishment in the
executive branch of the Federal Government, including a wholly
owned Government corporation.
(2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real
property of the Government’’ excludes—
(A) public land (including minerals, vegetative, and other
resources) in the United States, including—
(i) land reserved or dedicated for national forest pur-
poses;
(ii) land the Secretary of the Interior administers
or supervises 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 agency 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 connec-
tion 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 legislative 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.
H. R. 2068—79
(d) TERMINATION OF EASEMENT.—
(1) WHEN TERMINATION OCCURS.—The instrument granting
the easement 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 grantee, 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 Adminis-
tration as special police without additional compensation for duty
in connection with the policing of all buildings 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 Administration 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 administration and control, the Administrator or an offi-
cial of the Administration authorized 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 enforce-
ment agencies, and, with the consent of a state or local agency,
the facilities and services of state or local law enforcement 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 functions to act as nonuniformed special
H. R. 2068—80
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 protection of individuals and property and
to enforce regulations for that purpose that the Administrator or
an official of the Administration authorized by the Administrator
prescribes and publishes. The special police may make arrests with-
out warrant for any offense committed on the property if the police
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
Administration 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 reason-
able 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 violating 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
regulation shall be fined an amount not exceeding the
amount of the maximum 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
H. R. 2068—81
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 disabilities.
3104.
Furniture for new buildings.
3105.
Buildings not to be draped in mourning.
SUBCHAPTER II—ACQUIRING LAND
3111.
Approval of sufficiency of title prior to acquisition.
3112.
Federal jurisdiction.
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 prop-
erty of the Federal Government.
3173.
Working capital fund for blueprinting, photostating, and duplicating services
in General Services Administration.
H. R. 2068—82
3174.
Operation of public utility communications services serving governmental ac-
tivities.
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 out-
side of military reservations purchased or erected out of any appro-
priation under the control of the Administrator of General Services,
and the sites of the public buildings, are under the exclusive juris-
diction 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 Administration, regardless of whether it was previously
named by statute.
§ 3103. Admission of guide dogs or other service animals
accompanying individuals with disabilities
(a) IN GENERAL.—Guide dogs or other service animals accom-
panying individuals 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 regula-
tions, 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 con-
siders necessary in the public interest to carry out this section
as it applies to any building or other property subject to the individ-
ual’s jurisdiction.
§ 3104. Furniture for new buildings
Furniture for all new public buildings shall be acquired in accord-
ance 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.
H. R. 2068—83
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
responsibility under this section to other departments and agen-
cies of the Government, subject to general supervision by the
Attorney General and in accordance with regulations the
Attorney General prescribes.
(2) REQUEST FOR OPINION OF ATTORNEY GENERAL.—A depart-
ment 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 sufficiency of titles.
(c) PAYMENT
OF EXPENSES
FOR PROCURING CERTIFICATES
OF
TITLE.—Except where otherwise authorized by law or provided by
contract, the expenses of procuring certificates of titles or other
evidences of title as the Attorney General may require may be
paid out of the appropriations for the acquisition 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 establishment, 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 jurisdiction,
custody, or control of the individual is situated, consent to, or
cession of, any jurisdiction over the land or interest not previously
obtained. The individual 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
H. R. 2068—84
uses may acquire the real estate for the Government by condemna-
tion, 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 applica-
tion 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 described in the petition, declaring that the land is taken
for the use of the Government. The declaration of taking shall
contain or have annexed to it—
(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 entitled to the compensation.
(c) COMPENSATION.—
(1) DETERMINATION
AND
AWARD.—Compensation shall be
determined and awarded in the proceeding and established
by judgment. The judgment 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 payment. 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 compensation, 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—
H. R. 2068—85
(1) may fix the time within which, and the terms on which,
the parties in possession shall be required to surrender posses-
sion to the petitioner; and
(2) may make just and equitable orders in respect of encum-
brances, liens, rents, taxes, assessments, insurance, and other
charges.
(e) VESTING NOT PREVENTED OR DELAYED.—An appeal or a bond
or undertaking 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 Govern-
ment to the payment 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 Congress
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 Govern-
ment may expend 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 calculated 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 para-
graph (1) and interest for each additional year shall be cal-
culated 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 preceding the beginning of each
additional year.
(b) DISTRIBUTION
OF NOTICE
OF RATES.—The Director of the
Administrative 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).
H. R. 2068—86
§ 3117. Exclusion of certain property by stipulation of
Attorney 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 property, 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 condemnation 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 posses-
sion 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 contract is awarded:
(1) PERFORMANCE BOND.—A performance bond with a surety
satisfactory 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 satisfac-
tory 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 contract
determines, in a writing supported by specific findings, that
a payment bond in that amount is impractical, in which case
the contracting officer shall set the amount of the payment
bond. The amount of the payment 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 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 written notice, with respect to any unpaid taxes attrib-
utable 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
Internal 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—