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§ 14522. Consent of States
This subtitle does not require a State to engage in or accept a program
under this subtitle without its consent.
§ 14523. Program implementation
(a) REQUIREMENTS.—A program or project authorized under this chapter
shall not be implemented until—
(1) the responsible federal official has decided that applications and
plans relating to the program or project are not incompatible with the
provisions and objectives of federal laws that the official administers
that are not inconsistent with this subtitle; and
(2) the Appalachian Regional Commission has approved the program
or project and has determined that it—
(A) meets the applicable criteria under section 14524 of this
title and the requirements of the development planning process
under section 14525 of this title; and
(B) will contribute to the development of the Appalachian re-
gion.
(b) DECISION IS CONTROLLING.—A decision under subsection (a)(2) is
controlling and shall be accepted by the federal agencies.
§ 14524. Program development criteria
(a) FACTORS
TO
BE
CONSIDERED.—In considering programs and
projects to be given assistance under this subtitle, and in establishing a pri-
ority ranking of the requests for assistance presented to the Appalachian
Regional Commission, the Commission shall follow procedures that will en-
sure consideration of—
(1) the relationship of the project or class of projects to overall re-
gional development, including its location in a severely and persistently
distressed county or area;
(2) the population and area to be served by the project or class of
projects, including the per capita market income and the unemploy-
ment rates in the area;
(3) the relative financial resources available to the State or political
subdivisions or instrumentalities of the State that seek to undertake
the project;
(4) the importance of the project or class of projects in relation to
other projects or classes of projects that may be in competition for the
same amounts;
(5) the prospects that the project for which assistance is sought will
improve, on a continuing rather than a temporary basis, the opportuni-
ties for employment, the average level of income, or the economic and
social development of the area served by the project; and
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(6) the extent to which the project design provides for detailed out-
come measurements by which grant expenditures may be evaluated.
(b) LIMITATION ON USE.—Financial assistance made available under this
subtitle shall not be used to assist establishments relocating from one area
to another.
(c) DETERMINATION REQUIRED BEFORE AMOUNTS MAY BE PRO-
VIDED.—Amounts may be provided for programs and projects in a State
under this subtitle only if the Commission determines that the level of fed-
eral and state financial assistance under other laws for the same type of
programs or projects in that part of the State within the Appalachian region
will not be diminished in order to substitute amounts authorized by this
subtitle.
(d) MINIMUM AMOUNT OF ASSISTANCE TO DISTRESSED COUNTIES AND
AREAS.—For each fiscal year, not less than 50 percent of the amount of
grant expenditures the Commission approves shall support activities or
projects that benefit severely and persistently distressed counties and areas.
§ 14525. State development planning process
(a) STATE DEVELOPMENT PLAN.—Pursuant to policies the Appalachian
Regional Commission establishes, each state member shall submit a develop-
ment plan for the area of the State within the Appalachian region. The plan
shall—
(1) be submitted according to a schedule the Commission prescribes;
(2) reflect the goals, objectives, and priorities identified in the re-
gional development plan and in any subregional development plan that
may be approved for the subregion of which the State is a part;
(3) describe the state organization and continuous process for Appa-
lachian development planning, including—
(A) the procedures established by the State for the participation
of local development districts in the process;
(B) how the process is related to overall statewide planning and
budgeting processes; and
(C) the method of coordinating planning and projects in the re-
gion under this subtitle, the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3121 et seq.), and other federal,
state, and local programs;
(4) set forth the goals, objectives, and priorities of the State for the
region, as established by the Governor, and identify the needs on which
the goals, objectives, and priorities are based; and
(5) describe the development strategies for achieving the goals, objec-
tives, and priorities, including funding sources, and recommendations
for specific projects to receive assistance under this subtitle.
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(b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the
preparation and execution of areawide action programs that specify inter-
related projects and schedules of actions, the necessary agency funding, and
other commitments to implement the programs. The programs shall make
appropriate use of existing plans affecting the area.
(c) LOCAL DEVELOPMENT DISTRICTS.—Local development districts cer-
tified by the State as described in section 14102(a)(2) of this title provide
the linkage between state and substate planning and development. The dis-
tricts shall assist the States in the coordination of areawide programs and
projects and may prepare and adopt areawide plans or action programs. In
carrying out the development planning process, including the selection of
programs and projects for assistance, States shall consult with local develop-
ment districts, local units of government, and citizen groups and shall con-
sider the goals, objectives, priorities, and recommendations of those bodies.
(d) FEDERAL RESPONSIBILITIES.—To the maximum extent practicable,
federal departments, agencies, and instrumentalities undertaking or pro-
viding financial assistance for programs or projects in the region shall—
(1) take into account the policies, goals, and objectives the Commis-
sion and its member States establish pursuant to this subtitle;
(2) recognize Appalachian state development strategies approved by
the Commission as satisfying requirements for overall economic devel-
opment planning under the programs or projects; and
(3) accept the boundaries and organization of any local development
district certified under this subtitle that the Governor may designate
as the areawide agency required under any of those programs under-
taken or assisted by those federal departments, agencies, and instru-
mentalities.
§ 14526. Distressed and economically strong counties
(a) DESIGNATIONS.—
(1) IN GENERAL.—The Appalachian Regional Commission, in ac-
cordance with criteria the Commission may establish, each year shall—
(A) designate as ‘‘distressed counties’’ those counties in the Ap-
palachian region that are the most severely and persistently dis-
tressed; and
(B) designate two categories of economically strong counties,
consisting of—
(i) ‘‘competitive counties’’, which shall be those counties in
the region that are approaching economic parity with the rest
of the United States; and
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(ii) ‘‘attainment counties’’, which shall be those counties in
the region that have attained or exceeded economic parity
with the rest of the United States.
(2) ANNUAL REVIEW OF DESIGNATIONS.—The Commission shall—
(A) conduct an annual review of each designation of a county
under paragraph (1) to determine if the county still meets the cri-
teria for the designation; and
(B) renew the designation for another one-year period only if
the county still meets the criteria.
(b) DISTRESSED COUNTIES.—In program and project development and
implementation and in the allocation of appropriations made available to
carry out this subtitle, the Commission shall give special consideration to
the needs of counties for which a distressed county designation is in effect
under this section.
(c) ECONOMICALLY STRONG COUNTIES.—
(1) COMPETITIVE COUNTIES.—Except as provided in paragraphs (3)
and (4), assistance under this subtitle for a project that is carried out
in a county for which a competitive county designation is in effect
under this section shall not be more than 30 percent of the project
cost.
(2) ATTAINMENT COUNTIES.—Except as provided in paragraphs (3)
and (4), amounts may not be provided under this subtitle for a project
that is carried out in a county for which an attainment county designa-
tion is in effect under this section.
(3) EXCEPTIONS.—Paragraphs (1) and (2) do not apply to—
(A) a project on the Appalachian development highway system
authorized by section 14501 of this title;
(B) a local development district administrative project assisted
under section 14321(a)(1)(A) of this title; or
(C) a multicounty project that is carried out in at least two
counties designated under this section if—
(i) at least one of the participating counties is designated
as a distressed county under this section; and
(ii) the project will be of substantial direct benefit to at
least one distressed county.
(4) WAIVER.—
(A) IN GENERAL.—The Commission may waive the require-
ments of paragraphs (1) and (2) for a project when the recipient
of assistance for the project shows the existence of any of the fol-
lowing:
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(i) a significant pocket of distress in the part of the county
in which the project is carried out.
(ii) a significant potential benefit from the project in at
least one area of the region outside the designated county.
(B) REPORTS TO CONGRESS.—The Commission shall submit to
the Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure of the
House of Representatives an annual report describing each waiver
granted under subparagraph (A) during the period covered by the
report.
CHAPTER 147—MISCELLANEOUS
Sec.
14701.
Applicable labor standards.
14702.
Nondiscrimination.
14703.
Authorization of appropriations.
14704.
Termination.
§ 14701. Applicable labor standards
All laborers and mechanics employed by contractors or subcontractors in
the construction, alteration, or repair, including painting and decorating, of
projects, buildings, and works which are financially assisted through federal
amounts authorized under this subtitle shall be paid wages at rates not less
than those prevailing on similar construction in the locality as the Secretary
of Labor determines in accordance with sections 3141–3144, 3146, and
3147 of this title. With respect to those labor standards, the Secretary has
the authority and functions set forth in Reorganization Plan Numbered 14
of 1950 (eff. May 24, 1950, 64 Stat. 1267) and section 3145 of this title.
§ 14702. Nondiscrimination
An individual in the United States shall not, because of sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimi-
nation under, a program or activity receiving federal financial assistance
under this subtitle.
§ 14703. Authorization of appropriations
(a) IN GENERAL.—In addition to amounts authorized by section 14501
of this title and other amounts made available for the Appalachian develop-
ment highway system program, the following amounts may be appropriated
to the Appalachian Regional Commission to carry out this subtitle:
(1) $88,000,000 for each of the fiscal years 2002–2004.
(2) $90,000,000 for fiscal year 2005.
(3) $92,000,000 for fiscal year 2006.
(b) TELECOMMUNICATIONS
AND
TECHNOLOGY
INITIATIVE.—Of the
amounts made available under subsection (a), the following amounts are
available to carry out section 14504 of this title:
(1) $10,000,000 for fiscal year 2002.
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(2) $8,000,000 for fiscal year 2003.
(3) $5,000,000 for each of the fiscal years 2004–2006.
(c) AVAILABILITY.—Amounts made available under subsection (a) remain
available until expended.
§ 14704. Termination
This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to
be in effect on October 1, 2006.
SUBTITLE V—MISCELLANEOUS
CHAPTER
Sec.
171.
SAFETY STANDARDS FOR MOTOR VEHICLES .....................................
17101
173.
GOVERNMENT LOSSES IN SHIPMENT ...................................................
17301
175.
FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL ....................
17501
177.
ALASKA COMMUNICATIONS DISPOSAL .................................................
17701
179.
ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP ..............
17901
181.
TELECOMMUNICATIONS 
ACCESSIBILITY 
FOR 
HEARING-IM-
PAIRED AND SPEECH-IMPAIRED INDIVIDUALS.
18101
183.
NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS
18301
CHAPTER 171—SAFETY STANDARDS FOR MOTOR
VEHICLES
Sec.
17101.
Definitions.
17102.
Prohibition on acquisition or purchase of motor vehicles by Federal Government.
17103.
Commercial standards for passenger safety devices.
§ 17101. Definitions
In this chapter, the following definitions apply:
(1) FEDERAL GOVERNMENT.—The term ‘‘Federal Government’’ in-
cludes the government of the District of Columbia.
(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means a vehicle,
self-propelled or drawn by mechanical power, designed for use on the
highways principally for the transportation of passengers, except a ve-
hicle designed or used for military field training, combat, or tactical
purposes.
§ 17102. Prohibition on acquisition or purchase of motor ve-
hicles by Federal Government
The Federal Government shall not purchase a motor vehicle for use by
the Government unless that motor vehicle is equipped with reasonable pas-
senger safety devices that the Administrator of General Services requires.
Those devices shall conform with standards the Administrator prescribes
under section 17103 of this title.
§ 17103. Commercial standards for passenger safety devices
The Administrator of General Services shall prescribe and publish in the
Federal Register commercial standards for passenger safety devices the Ad-
ministrator requires under section 17102 of this title. Changes in the stand-
ards take effect one year and 90 days after the publication of the standards
in the Federal Register.
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CHAPTER 173—GOVERNMENT LOSSES IN SHIPMENT
Sec.
17301.
Definitions.
17302.
Compliance.
17303.
Fund for the payment of Government losses in shipment.
17304.
Claim for replacement.
17305.
Replacing lost, destroyed, or damaged stamps, securities, obligations, or money.
17306.
Agreements of indemnity.
17307.
Purchase of insurance.
17308.
Presumption of lawful conduct.
17309.
Rules and regulations.
§ 17301. Definitions
In this chapter, the following definitions apply:
(1) REPLACEMENT.—The term ‘‘replacement’’ means payment, reim-
bursement, replacement, or duplication or the expenses incident to pay-
ment, reimbursement, replacement, or duplication.
(2) SHIPMENT.—The term ‘‘shipment’’—
(A) means the transportation, or the effecting of transportation,
of valuables, without limitation as to the means or facilities used
or by which the transportation is effected or the person to whom
it is made; and
(B) includes shipments made to any executive department, inde-
pendent establishment, agency, wholly owned or mixed-ownership
Government corporation, officer, or employee of the Federal Gov-
ernment, or any person acting on behalf of, or at the direction of,
the executive department, independent establishment, agency,
wholly or partly owned Government corporation, officer, or em-
ployee.
(3) VALUABLES.—
(A) DEFINITION.—The term ‘‘valuables’’ means any articles or
things or representatives of value—
(i) in which the Government, its executive departments,
independent establishments, and agencies, including wholly
owned Government corporations, and officers and employees
of the Government or its executive departments, independent
establishments, and agencies while acting in their official ca-
pacity, have any interest, or in connection with which they
have any obligation or responsibility; and
(ii) which the Secretary of the Treasury declares to be
valuables within the meaning of this chapter.
(B) REQUIREMENT FOR DECLARING ARTICLES OR THINGS VAL-
UABLE.—The Secretary shall not declare articles or things that
are lost, destroyed, or damaged in the course of shipment to be
valuables unless the Secretary determines that replacement of the
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articles or things in accordance with the procedure established in
this chapter would be in the public interest.
(4) WHOLLY
OWNED
GOVERNMENT
CORPORATION.—The term
‘‘wholly owned Government corporation’’—
(A) means any corporation, regardless of the law under which
it is incorporated, the capital of which is entirely owned by the
Government; and
(B) includes the authorized officers, employees, and agents of
the corporation.
§ 17302. Compliance
(a) PRESCRIBING REGULATIONS.—With the approval of the President,
the Secretary of the Treasury and the United States Postal Service jointly
shall prescribe regulations governing the shipment of valuables by an execu-
tive department, independent establishment, agency, wholly owned Govern-
ment corporation, officer, or employee of the Federal Government, with a
view to minimizing the risk of loss and destruction of, and damage to,
valuables in shipment.
(b) COMPLIANCE.—Each executive department, independent establish-
ment, agency, wholly owned Government corporation, officer, and employee
of the Government, and each person acting for, or at the direction of, the
executive department, independent establishment, agency, wholly owned
Government corporation, officer, or employee, must comply with the regula-
tions when making any shipment of valuables.
§ 17303. Fund for the payment of Government losses in ship-
ment
(a) ESTABLISHMENT.—There is a revolving fund in the Treasury known
as ‘‘the fund for the payment of Government losses in shipment’’.
(b) USE.—The fund shall be used for the replacement of valuables, or
the value of valuables, lost, destroyed, or damaged while being shipped in
accordance with regulations prescribed under section 17302 of this title.
(c) UNAVAILABILITY.—The fund is not available with respect to any loss,
destruction, or damage affecting valuables—
(1) that relates to property of the United States Postal Service that
is chargeable to its officers or employees; or
(2) of which shipment shall have been made at the risk of persons
other than the Federal Government and the executive departments,
independent establishments, agencies, wholly owned Government cor-
porations, officers and employees of the Government.
(d) CREDITING OF RECOVERIES AND REPAYMENTS.—All recoveries and
repayments on account of loss, destruction, or damage to valuables for
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which replacement is made out of the fund shall be credited to it and are
available for the purposes of the fund.
(e) APPROPRIATIONS.—Necessary amounts are appropriated for the fund.
§ 17304. Claim for replacement
(a) PRESENTATION OF CLAIM.—When valuables that have been shipped
in accordance with regulations prescribed under section 17302 of this title
are lost, destroyed, or damaged, a claim in writing for replacement shall be
made on the Secretary of the Treasury.
(b) DECISION OF THE SECRETARY OF THE TREASURY.—
(1) REPLACEMENT MADE FROM FUND.—If the Secretary is satisfied
that the loss, destruction, or damage has occurred and that shipment
was made substantially in accordance with the regulations, the Sec-
retary shall have replacement be made out of the fund described in sec-
tion 17303 of this title through an officer the Secretary designates.
(2) REPLACEMENT MADE BY CREDIT.—When the Secretary decides
that any part of the replacement can be made, without actual or ulti-
mate injury to the Federal Government, by a credit in the accounts of
the executive department, independent establishment, agency, officer,
employee, or other accountable person making the claim, the Secretary
shall—
(A) certify the decision to the Comptroller General who, on re-
ceiving the certification, shall make the credit in the settlement of
accounts in the General Accounting Office; and
(B) use the fund only to the extent that the replacement cannot
be made by the credit.
(c) DECISION OF SECRETARY NOT REVIEWABLE.—The decision of the
Secretary that a loss, destruction, or damage has occurred or that a ship-
ment was made substantially in accordance with regulations is final and
conclusive and is not subject to review by any other officer of the Govern-
ment.
§ 17305. Replacing lost, destroyed, or damaged stamps, secu-
rities, obligations, or money
Stamps, securities, or other obligations of the Federal Government, or
money lost, destroyed, or damaged while in the custody or possession of, or
charged to, the United States Postal Service while it is acting as agent for,
or on behalf of, the Secretary of the Treasury for the sale of the stamps,
securities, or obligations and for the collection of the money, shall be re-
placed out of the fund described in section 17303 of this title under regula-
tions the Secretary may prescribe, regardless of how the loss, destruction,
or damage occurs.
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§ 17306. Agreements of indemnity
(a) DEFINITION.—In this section, the term ‘‘Federal Government’’ in-
cludes wholly owned Government corporations, and officers and employees
of the Government or its executive departments, independent establish-
ments, and agencies while acting in their official capacity.
(b) AUTHORITY TO MAKE AGREEMENT.—The Secretary of the Treasury
may make and deliver, on behalf of the Federal Government, a binding
agreement of indemnity the Secretary considers necessary and proper to en-
able the Government to obtain the replacement of any instrument or
document—
(1) received by the Government or an agent of the Government in
the agent’s official capacity; and
(2) which, after having been received, is lost, destroyed, or so muti-
lated as to impair its value.
(c) WHEN FEDERAL GOVERNMENT NOT OBLIGATED.—The Government
is not obligated under an agreement of indemnity if the obligee named in
the agreement makes a payment or delivery not required by law on the
original of the instrument or document covered by the agreement.
(d) USE OF FUND FOR THE PAYMENT OF GOVERNMENT LOSSES IN
SHIPMENT.—The fund described in section 17303 of this title is available
to pay any obligation arising out of an agreement the Secretary makes
under this section.
§ 17307. Purchase of insurance
An executive department, independent establishment, agency, wholly
owned Government corporation, officer, or employee may expend money, or
incur an obligation, for insurance, or for the payment of premiums on insur-
ance, against loss, destruction, or damage in the shipment of valuables only
as specifically authorized by the Secretary of the Treasury. The Secretary
may give the authorization if the Secretary finds that the risk of loss, de-
struction, or damage in the shipment cannot be guarded against adequately
by the facilities of the Federal Government or that adequate replacement
cannot be provided under this chapter.
§ 17308. Presumption of lawful conduct
For purposes of the propriety of an act or omission related to a shipment
to which the regulations prescribed under section 17302 of this title apply,
every officer and employee of the Federal Government and every individual
acting on behalf of a wholly owned Government corporation who makes a
shipment of valuables in good faith under, and substantially in accordance
with, the regulations is deemed to be acting in the faithful execution of the
officer’s, employee’s, or individual’s duties of office and in full performance
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§ 17505. Presidential report
(a) SUMMARY AND ANALYSIS OF AGENCY STATEMENTS.—The President
shall include with the budget transmitted under section 1105 of title 31 for
each fiscal year, or in a separate written report to Congress for that fiscal
year, a summary and analysis of the statements most recently submitted by
the heads of executive agencies pursuant to section 17504(a) of this title.
(b) CONTENTS OF SUMMARY AND ANALYSIS.—Each summary and anal-
ysis shall include a review, for the fiscal year preceding the fiscal year in
which the budget is submitted, the current fiscal year, and the fiscal year
for which the budget is submitted, of the cost savings that have been
achieved, that are estimated will be achieved, and that could be achieved,
in the acquisition, maintenance, leasing, operation, and disposal of motor ve-
hicles by executive agencies through—
(1) the use of a qualified private fleet management firm or another
private contractor;
(2) increased reliance by executive agencies on the Interagency Fleet
Management System the Administrator of General Services operates; or
(3) other existing motor vehicle management systems.
§ 17506. Reduction of storage and disposal costs
The Administrator of General Services shall take such actions as may be
necessary to reduce motor vehicle storage and disposal costs and to improve
the rate of return on motor vehicle sales through a program of vehicle re-
conditioning prior to sale.
§ 17507. Savings
(a) ACTIONS BY PRESIDENT REQUIRED.—The President shall establish,
for each executive agency, goals to reduce outlays for the operation, mainte-
nance, leasing, acquisition, and disposal of motor vehicles in order to reduce,
by fiscal year 1988, the total amount of outlays by all executive agencies
for the operation, maintenance, leasing, acquisition, and disposal of motor
vehicles to an amount which is $150,000,000 less than the amount for the
operation, maintenance, leasing, acquisition, and disposal of motor vehicles
requested by the President in the budget submitted under section 1105 of
title 31 for fiscal year 1986.
(b) MONITORING OF COMPLIANCE.—The Director of the Office of Man-
agement and Budget shall monitor compliance by executive agencies with
the goals established by the President under subsection (a) and shall in-
clude, in each summary and analysis required under section 17505 of this
title, a statement specifying the reductions in expenditures by executive
agencies, including the Department of Defense, achieved under those goals.
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§ 17508. Compliance
(a) ADMINISTRATOR
OF GENERAL SERVICES.—The Administrator of
General Services shall comply with and be subject to this chapter with re-
gard to all motor vehicles that are used within the General Services Admin-
istration for official purposes.
(b) MANAGERS OF OTHER MOTOR POOLS.—This chapter with respect to
motor vehicles from the Interagency Fleet Management System shall be
complied with by the executive agencies to which such motor vehicles are
assigned.
§ 17509. Applicability
(a) PRIORITY IN REDUCING HEADQUARTERS USE.—The heads of execu-
tive agencies shall give first priority to meeting the goals established by the
President under section 17507(a) of this title by reducing the costs of ad-
ministrative motor vehicles used at the headquarters and regional head-
quarters of executive agencies, rather than by reducing the costs of motor
vehicles used by line agency personnel working in agency field operations
or activities.
(b) REGULATIONS, STANDARDS, AND DEFINITIONS.—The President shall
require the Administrator of General Services, in cooperation with the Di-
rector of the Office of Management and Budget, to prescribe appropriate
regulations, standards, and definitions to ensure that executive agencies
meet the goals established under section 17507(a) of this title in the man-
ner prescribed by subsection (a).
§ 17510. Cooperation
The Director of the Office of Management and Budget and the Adminis-
trator of General Services shall cooperate closely in the implementation of
this chapter.
CHAPTER 177—ALASKA COMMUNICATIONS DISPOSAL
Sec.
17701.
Definitions.
17702.
Transfer of Government-owned long-lines communication facilities in and to Alaska.
17703.
National defense considerations and qualification of transferee.
17704.
Contents of agreements for transfer.
17705.
Approval of Federal Communications Commission.
17706.
Gross proceeds as miscellaneous receipts in the Treasury.
17707.
Reports.
17708.
Nonapplication.
§ 17701. Definitions
In this chapter, the following definitions apply:
(1) AGENCY CONCERNED.—The term ‘‘agency concerned’’ means a
department, 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
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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 inter-
est in property, and franchise rights, by sale, exchange, lease, ease-
ment, 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 De-
fense, the consent of the agency concerned, and after approval of
the President, the Secretary of Defense shall transfer for adequate
consideration 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
Defense 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
Interior, 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-
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 in-
terest in public land shall be provided to the Secretary of the Interior.
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(c) SOLICITATION OF OFFERS TO PURCHASE CERTAIN FACILITIES.—In
connection with soliciting offers to purchase long-lines facilities of the Alas-
ka 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 reason-
able value of those facilities; and
(C) the initial rates that will be charged to the purchaser for
capacity 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 Gov-
ernor) to ensure consideration of all public interest factors associated
with the transfer.
(d) APPLICABILITY OF ANTITRUST PROVISIONS.—The requirements of
section 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
Defense 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;
(3) the person to whom the transfer is made is prepared and quali-
fied to provide the communication service involved in the transfer with-
out 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 pro-
vide that—
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(1) subject to regulations of the Federal Communications Commis-
sion and of any body or commission established by Alaska to govern
and regulate 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 Gov-
ernment 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
having 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 Fed-
eral 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
during 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.
§ 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:
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(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 ‘‘feder-
ally generated electric energy’’ means any electric power generated by
an electric 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 gener-
ating 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
consumption by, or necessary to serve the requirements of, another fed-
eral 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 in-
curred 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
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
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electric 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 facility available to that agency to generate electric energy for that
agency and the cost of maintaining the facility on a standby basis) the pur-
chase will result in—
(1) a savings to other consumers of electric energy sold by that non-
federal person without increasing the cost incurred by any federal agen-
cy for electric energy; or
(2) a cost savings to the federal agency purchasing the electric en-
ergy 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
generating facility or related facility, to modify an existing facility, or to em-
ploy reserve or standby equipment to accommodate the needs of a non-fed-
eral person for electric energy.
(b) AVAILABILITY OF REVENUE FROM SALES.—Revenue received by a
federal agency pursuant to section 17902 of this title from the sale of elec-
tric energy generated from a facility of that agency is available to the agen-
cy 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.
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.
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(2) TTY.—The term ‘‘TTY’’ means a text-telephone used in the
transmission of coded signals through the nationwide telecommuni-
cations system.
§ 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 main-
tain a directory of TTY’s and other devices used by federal agencies to com-
ply with regulations prescribed under subsection (a).
(d) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall pub-
lish access numbers of TTY’s and such other devices in federal agency di-
rectories.
(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
promote research by federal agencies, state agencies, and private entities to
reduce the cost and improve the capabilities of telecommunications devices
and systems that provide accessibility to hearing-impaired and speech-im-
paired individuals.
(b) PLANNING TO ASSIMILATE TECHNOLOGICAL DEVELOPMENTS.—In
planning future alterations to and modifications of the federal telecommuni-
cations 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
systems that provide accessibility to hearing-impaired and speech-im-
paired individuals.
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§ 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 re-
gional efforts to improve air quality to meet environmental require-
ments 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 na-
tional capital area is substantially affected by the prices charged for
mass transit 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
capital area have increased at an alarming rate and wages and benefits
of operators and mechanics currently are among the highest in the Na-
tion;
(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 enti-
ties that are responsible for subsidy payments for public transit serv-
ices since local governments generally, and the District of Columbia
government in particular, are operating under severe fiscal constraints;
(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