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Notwithstanding any provision of law limiting the federal share in
those other programs, amounts appropriated to carry out this section
may be used to increase federal grants for operating components of a
demonstration health project to the maximum percentage cost of oper-
ation authorized by this subsection.
(3) STATE DEEMED TO MEET REQUIREMENT OF PROVIDING ASSIST-
ANCE OR SERVICES ON STATEWIDE BASIS.—Notwithstanding any provi-
sion of the Social Security Act (42 U.S.C. 301 et seq.) requiring assist-
ance or services on a statewide basis, a State providing assistance or
services under a federal grant-in-aid program described in paragraph
(2) in any area of the region approved by the Commission is deemed
to be meeting that requirement.
(e) GRANT SOURCES
AND USE
OF GRANTS
IN COMPUTING ALLOT-
MENTS.—Grants under this section—
(1) shall be made only out of amounts specifically appropriated for
the purpose of carrying out this subtitle; and
(2) shall not be taken into account in computing allotments among
the States under any other law.
(f) MAXIMUM COMMISSION CONTRIBUTION.—
(1) IN GENERAL.—Subject to paragraph (2), the Commission may
contribute not more than 50 percent of any project cost eligible for fi-
nancial assistance under this section from amounts appropriated to
carry out this subtitle.
(2) DISTRESSED COUNTIES.—The maximum Commission contribu-
tion for a project to be carried out in a county for which a distressed
county designation is in effect under section 14516 of this title may
be increased to the lesser of—
(A) 80 percent; or
(B) the maximum federal contribution percentage authorized by
this section.
(g) EMPHASIS ON OCCUPATIONAL DISEASES FROM COAL MINING.—To
provide for the further development of the Appalachian region’s human re-
sources, grants under this section shall give special emphasis to programs
and research for the early detection, diagnosis, and treatment of occupa-
tional diseases arising from coal mining, such as black lung.
§ 14503. Assistance for proposed low- and middle-income
housing projects
(a) APPALACHIAN HOUSING FUND.—
(1) ESTABLISHMENT.—There is an Appalachian Housing Fund.
(2) SOURCE AND USE OF AMOUNTS IN FUND.—Amounts allocated to
the Secretary of Housing and Urban Development for the purposes of
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this section shall be deposited in the Fund. The Secretary shall use the
Fund as a revolving fund to carry out those purposes. Amounts in the
Fund not needed for current operation may be invested in bonds or
other obligations the Federal Government guarantees as to principal
and interest. General expenses of administration of this section may be
charged to the Fund.
(b) PURPOSE.—To encourage and facilitate the construction or rehabilita-
tion of housing to meet the needs of low- and moderate-income families and
individuals, the Secretary may make grants and loans from the Fund, under
terms and conditions as the Secretary may prescribe. The grants and loans
may be made to nonprofit, limited dividend, or cooperative organizations
and public bodies and are for planning and obtaining federally insured mort-
gage financing or other financial assistance for housing construction or re-
habilitation projects for low- and moderate-income families and individuals,
in any area of the Appalachian region the Appalachian Regional Commis-
sion establishes, under—
(1) section 221 of the National Housing Act (12 U.S.C. 1715l );
(2) section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f);
(3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485); or
(4) any other law of similar purpose administered by the Secretary
or any other department, agency, or instrumentality of the Federal
Government or a state government.
(c) PROVIDING AMOUNTS TO STATES FOR GRANTS AND LOANS.—The
Secretary or the Commission may provide amounts to the States for making
grants and loans to nonprofit, limited dividend, or cooperative organizations
and public bodies for the purposes for which the Secretary may provide
amounts under this section.
(d) LOANS.—
(1) FEDERAL SHARE.—A loan under subsection (b) shall not be
more than 50 percent (or 80 percent for a project to be carried out
in a county for which a distressed county designation is in effect under
section 14516 of this title) of the cost of planning and obtaining fi-
nancing for a project, including preliminary surveys and analyses of
market needs, preliminary site engineering and architectural fees, site
options, application and mortgage commitment fees, legal fees, and
construction loan fees and discounts.
(2) INTEREST.—A loan shall be made without interest, except that
a loan made to an organization established for profit shall bear interest
at the prevailing market rate authorized for an insured or guaranteed
loan for that type of project.
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(3) PAYMENT.—The Secretary shall require payment of a loan made
under this section, under terms and conditions the Secretary may re-
quire, no later than on completion of the project. Except for a loan to
an organization established for profit, the Secretary may cancel any
part of a loan made under this section on determining that a perma-
nent loan to finance the project cannot be obtained in an amount ade-
quate for repayment of a loan made under this section.
(e) GRANTS.—
(1) IN GENERAL.—A grant under this section shall not be made to
an organization established for profit and, except as provided in para-
graph (2), shall not exceed 50 percent (or 80 percent for a project to
be carried out in a county for which a distressed county designation
is in effect under section 14516 of this title) of expenses, incident to
planning and obtaining financing for a project, which the Secretary
considers not to be recoverable from the proceeds of a permanent loan
made to finance the project.
(2) SITE DEVELOPMENT COSTS AND OFFSITE IMPROVEMENTS.—The
Secretary may make grants and commitments for grants, and may ad-
vance amounts under terms and conditions the Secretary may require,
to nonprofit, limited dividend, or cooperative organizations and public
bodies for reasonable site development costs and necessary offsite im-
provements, such as sewer and water line extensions, when the grant,
commitment, or advance is essential to the economic feasibility of a
housing construction or rehabilitation project for low- and moderate-in-
come families and individuals which otherwise meets the requirements
for assistance under this section. A grant under this paragraph for—
(A) the construction of housing shall not be more than 10 per-
cent of the cost of the project; and
(B) the rehabilitation of housing shall not be more than 10 per-
cent of the reasonable value of the rehabilitation housing, as deter-
mined by the Secretary.
(f) INFORMATION, ADVICE, AND TECHNICAL ASSISTANCE.—The Sec-
retary or the Commission may provide, or contract with public or private
organizations to provide, information, advice, and technical assistance with
respect to the construction, rehabilitation, and operation by nonprofit orga-
nizations of housing for low- or moderate- income families in areas of the
region the Commission establishes.
(g) APPLICATION OF CERTAIN PROVISIONS.—Programs and projects as-
sisted under this section are subject to the provisions cited in section 14701
of this title to the extent provided in the laws authorizing assistance for low-
and moderate-income housing.
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§ 14504. Supplements to federal grant-in-aid programs
(a) DEFINITION.—
(1) FEDERAL GRANT-IN-AID PROGRAMS.—In this section, the term
‘‘federal grant-in-aid programs’’—
(A) means federal grant-in-aid programs for the acquisition or
development of land, the construction or equipment of facilities, or
other community or economic development or economic adjustment
activities, including grant-in-aid programs authorized by—
(i) the Consolidated Farm and Rural Development Act (7
U.S.C. 1921 et seq.);
(ii) the Land and Water Conservation Fund Act of 1965
(16 U.S.C. 460l–4 et seq.);
(iii) the Watershed Protection and Flood Prevention Act
(16 U.S.C. 1001 et seq.);
(iv) part A of title VI and title VII of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1121 et seq., 1132a et seq.);
(v) the Carl D. Perkins Vocational and Technical Edu-
cation Act of 1998 (20 U.S.C. 2301 et seq.);
(vi) grants under the Act of November 2, 1921 (25 U.S.C.
13) (known as the Snyder Act);
(vii) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) (known as the Clean Water Act);
(viii) titles VI and XVI of the Public Health Services Act
(42 U.S.C. 291 et seq., 300q et seq.);
(ix) the housing repair program for homeowners authorized
by section 1119 of the Social Security Act (42 U.S.C. 1319);
(x) sections 201 and 209 of the Public Works and Eco-
nomic Development Act of 1965 (42 U.S.C. 3141, 3149);
(xi) title I of the Housing and Community Development
Act of 1974 (42 U.S.C. 5301 et seq.); and
(xii) part IV of title III of the Communications Act of 1934
(47 U.S.C. 390 et seq.); but
(B) does not include—
(i) the program for the construction of the development
highway system authorized by section 14501 of this title or
any other program relating to highway or road construction
authorized by title 23; or
(ii) any other program for which loans or other federal fi-
nancial assistance, except a grant-in-aid program, is author-
ized.
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(2) CERTAIN SEWAGE TREATMENT WORKS DEEMED CONSTRUCTED
WITH FEDERAL GRANT-IN-AID ASSISTANCE.—For the purpose of this
section, any sewage treatment works constructed pursuant to title II
of the Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)
(known as the Clean Water Act) without federal grant-in-aid assistance
under that title is deemed to be constructed with that assistance.
(b) PURPOSE.—To enable the people, States, and local communities of
the Appalachian region, including local development districts, to take max-
imum advantage of federal grant-in-aid programs for which they are eligible
but for which, because of their economic situation, they cannot supply the
required matching share, or for which there are insufficient amounts avail-
able under the federal grant-in-aid law authorizing the programs to meet
pressing needs of the region, the Federal Cochairman may use amounts
made available to carry out this section—
(1) for any part of the basic federal contribution to projects or ac-
tivities under the federal grant-in-aid programs authorized by federal
grant-in-aid laws; and
(2) to increase the federal contribution to projects and activities
under the programs above the fixed maximum part of the cost of the
projects or activities otherwise authorized by the applicable law.
(c) CERTIFICATION REQUIRED.—For a program, project, or activity for
which any part of the basic federal contribution to the project or activity
under a federal grant-in-aid program is proposed to be made under sub-
section (b), the contribution shall not be made until the responsible federal
official administering the federal grant-in-aid law authorizing the contribu-
tion certifies that the program, project, or activity meets the applicable re-
quirements of the federal grant-in-aid law and could be approved for federal
contribution under that law if amounts were available under the law for the
program, project, or activity.
(d) AVAILABILITY OF AMOUNTS.—
(1) NO
DIMINISHMENT
OF
AMOUNTS
AVAILABLE
UNDER
OTHER
LAWS.—Amounts may be provided for programs, activities, and
projects in a State under this section only if the Appalachian Regional
Commission determines that the level of federal and state financial as-
sistance under other laws, for the same type of programs, activites, or
projects in that part of the State within the region, will not be dimin-
ished in order to substitute amounts authorized by this section.
(2) LIMITATIONS IN OTHER LAWS INAPPLICABLE.—Amounts pro-
vided pursuant to this subtitle are available without regard to any limi-
tations on areas eligible for assistance or authorizations for appropria-
tion in any other law.
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(e) ACCEPTANCE OF CERTAIN MATERIAL.—For a supplemental grant for
a project or activity under a federal grant-in-aid program, the Federal Co-
chairman shall accept any finding, report, certification, or documentation re-
quired to be submitted to the head of the department, agency, or instrumen-
tality of the Federal Government responsible for the administration of the
program.
(f) FEDERAL SHARE.—The federal portion of the cost of a project or ac-
tivity shall not—
(1) be increased to more than the percentages the Commission estab-
lishes; and
(2) be more than 80 percent of the cost.
(g) MAXIMUM COMMISSION CONTRIBUTION.—
(1) IN GENERAL.—Subject to paragraph (2), the Commission may
contribute not more than 50 percent of a project or activity cost eligible
for financial assistance under this section from amounts appropriated
to carry out this subtitle.
(2) DISTRESSED COUNTIES.— The maximum Commission contribu-
tion for a project or activity to be carried out in a county for which
a distressed county designation is in effect under section 14516 may
be increased to 80 percent.
SUBCHAPTER II—ADMINISTRATIVE
§ 14511. Required level of expenditure
A State or political subdivision of a State is not eligible to receive benefits
under this subtitle unless the aggregate expenditure of state amounts, ex-
cept expenditures for participation in the Dwight D. Eisenhower System of
Interstate and Defense Highways and local and federal amounts, for the
benefit of the area within the State located in the Appalachian region are
maintained at a level which does not fall below the average level of those
expenditures for the State’s last two full fiscal years prior to March 9,
1965. In computing the level, a State’s past expenditure for participation
in the Dwight D. Eisenhower System of Interstate and Defense Highways
and expenditures of local and federal amounts shall not be included. The
Commission shall recommend to the President a lesser requirement when it
finds that a substantial population decrease in that part of a State which
lies within the region would not justify a state expenditure equal to the av-
erage level of the last two years or when it finds that a State’s average level
of expenditure in an individual program has been disproportionate to the
present need for that part of the State.
§ 14512. Consent of States
This subtitle does not require a State to engage in or accept a program
under this subtitle without its consent.
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§ 14513. 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 Commission has approved the program or project and has
determined that it—
(A) meets the applicable criteria under section 14514 of this
title and the requirements of the development planning process
under section 14515 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.
§ 14514. Program development criteria
(a) FACTOR TO BE CONSIDERED.—In considering programs and projects
to be given assistance under this subtitle, and in establishing a priority
ranking of the requests for assistance presented to the Appalachian Re-
gional Commission, the Commission shall follow procedures that will ensure
consideration of—
(1) the relationship of the project or class of projects to overall re-
gional development, including its location in—
(A) an area determined by the State to have a significant poten-
tial for growth; or
(B) 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 relative per capita 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.
§ 14515. 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
which 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 program for achieving the goals, objec-
tives, and priorities, including financing sources, and recommendations
for specific projects to receive assistance under this subtitle.
(b) AREAWIDE ACTION PROGRAMS.—The Commission shall encourage the
preparation and execution of areawide action programs which specify inter-
related projects and schedules of actions, the necessary agency financing,
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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 programs 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.
§ 14516. 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
(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—
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(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:
(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.
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(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, $70,000,000 for fiscal year 2001 may be
appropriated to the Appalachian Regional Commission to carry out this sub-
title.
(b) 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, 2001.
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
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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 section, 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
vehicles 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.
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:
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(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 or partly owned Govern-
ment corporation, officer, or employee of the Federal Government,
or any person acting on behalf of, or at the direction of, the execu-
tive department, independent establishment, agency, wholly or
partly owned Government corporation, officer, or employee.
(3) VALUABLES.—
(A) DEFINITION.—The term ‘‘valuables’’ means any articles or
things or representatives of value—
(i) in which the Federal Government, its executive depart-
ments, independent establishments, and agencies, including
wholly owned Government corporations, and officers and em-
ployees of the Government or its executive departments, inde-
pendent establishments, and agencies while acting in their of-
ficial capacity, 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
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
Federal Government; and
(B) includes the authorized officers, employees, and agents of
the corporation.
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§ 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
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.—
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(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.
§ 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—
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(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
of any conditions of the officer’s, employee’s, or individual’s bond and oath
of office.
§ 17309. Rules and regulations
(a) GENERAL AUTHORITY.—With the approval of the President, the Sec-
retary of the Treasury may prescribe rules and regulations necessary to
carry out the duties and powers vested in the Secretary under this chapter.
(b) PROVIDING INFORMATION.—To carry out subsection (a), the Sec-
retary may require a person making a shipment of valuables or a claim for
replacement to make a declaration or to provide other information the Sec-
retary considers necessary.
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CHAPTER 175—FEDERAL MOTOR VEHICLE
EXPENDITURE CONTROL
Sec.
17501.
Definitions.
17502.
Monitoring system.
17503.
Data collection.
17504.
Agency statements with respect to motor vehicle use.
17505.
Presidential report.
17506.
Reduction of storage and disposal costs.
17507.
Savings.
17508.
Compliance.
17509.
Applicability.
17510.
Cooperation.
§ 17501. Definitions
In this chapter, the following definitions apply:
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’—
(A) means an executive agency (as that term is defined in sec-
tion 105 of title 5) that operates at least 300 motor vehicles; but
(B) does not include the Tennessee Valley Authority.
(2) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means—
(A) a vehicle self-propelled or drawn by mechanical power; but
not
(B) a vehicle designed or used for military field training, com-
bat, or tactical purposes, or any other special purpose vehicle ex-
empted from the requirements of this chapter by the Adminis-
trator of General Services.
§ 17502. Monitoring system
The head of each executive agency shall designate one office, officer, or
employee of the agency—
(1) to establish and operate a central monitoring system for the
motor vehicle operations of the agency, related activities, and related
reporting requirements; and
(2) provide oversight of those operations, activities, and require-
ments.
§ 17503. Data collection
(a) COST IDENTIFICATION AND ANALYSIS.—The head of each executive
agency shall develop a system to identify, collect, and analyze data with re-
spect to all costs (including obligations and outlays) the agency incurs in
the operation, maintenance, acquisition, and disposition of motor vehicles,
including vehicles owned or leased by the Federal Government and privately
owned vehicles used for official purposes.
(b) REQUIREMENTS FOR DATA SYSTEMS.—
(1) SCOPE OF REQUIREMENTS.—In cooperation with the Comptroller
General of the United States and the Director of the Office of Manage-
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ment and Budget, the Administrator of General Services shall prescribe
requirements governing the establishment and operation by executive
agencies of the systems required by subsection (a), including require-
ments with respect to data on the costs and uses of motor vehicles and
with respect to the uniform collection and submission of the data.
(2) CONFORMITY
WITH
PRINCIPLES
AND
STANDARDS.—Require-
ments prescribed under this section shall conform to accounting prin-
ciples and standards issued by the Comptroller General. Each executive
agency shall comply with those requirements.
§ 17504. Agency statements with respect to motor vehicle
use
(a) CONTENTS OF STATEMENT.—The head of each executive agency shall
include with the appropriation request the agency submits under section
1108 of title 31 for each fiscal year, a statement—
(1) specifying—
(A) the total motor vehicle acquisition, maintenance, leasing, op-
eration, and disposal costs (including obligations and outlays) the
agency incurred in the most recently completed fiscal year; and
(B) an estimate of those costs for the fiscal year in which the
request is submitted and for the succeeding fiscal year; and
(2) justifying why the existing and any new motor vehicle acquisi-
tion, maintenance, leasing, operation, and disposal requirements of the
agency cannot be met through the Interagency Fleet Management Sys-
tem the Administrator of General Services operates, a qualified private
fleet management firm, or any other method which is less costly to the
Federal Government.
(b) COMPLIANCE WITH REQUIREMENTS.—The head of each executive
agency shall comply with the requirements prescribed under section
17503(b) of this title in preparing each statement required under subsection
(a).
§ 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 the Congress for that
fiscal year, a summary and analysis of the statements most recently sub-
mitted 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
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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).
§ 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
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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 prescrie appropriate reg-
ulations, standards, and definitions to ensure that executive agencies meet
the goals established under section 17507(a) of this title in the manner pre-
scribed 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
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 but not restricted
to any estate or interest in property, and franchise rights, by sale, ex-
change, 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 a agency not under the jurisdiction of the Secretary of Defense,
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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 may
take action and exercise powers as may be necessary or appro-
priate 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.
(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 Federal 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
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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)
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—
(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.
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§ 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:
(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
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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 an
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 gener-
ating 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 the federal agency, when practicable and consistent with other
laws and requirements applicable to that agency, shall endeavor to purchase
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-
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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.
TDD 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) TDD.—The term ‘‘TDD’’ means a Telecommunications Device
for the Deaf, a machine that employs graphic communications 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.
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(b) DIRECTORY.—The Administrator shall assemble, publish, and main-
tain a directory of TDD’s and other devices used by federal agencies to
comply with regulations prescribed under subsection (a).
(c) PUBLICATION OF ACCESS NUMBERS.—The Administrator shall pub-
lish access numbers of TDD’s and such other devices in federal agency di-
rectories.
(d) LOGO.—After consultation with the Board, the Administrator shall
adopt the design of a standard logo to signify the presence of a TDD 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.
§ 18104. TDD installation by Congress
Each House of Congress shall establish a policy under which Members
of the House of Representatives and the Senate may obtain TDD’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-
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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
(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 gov-
erning arbitration that must be applied by arbitrators resolving disputes in-
volving interstate compact agencies operating in the national capital area in
order to lower operating costs for public transportation in the Washington
metropolitan 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
compact governing an interstate compact agency operating in the
national capital area; and
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(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
arbitrator, or a board of arbitrators, chosen under applicable proce-
dures.
(3) INTERSTATE COMPACT AGENCY OPERATING IN THE NATIONAL
CAPITAL AREA.—The term ‘‘interstate compact agency operating in the
national capital area’’ means any interstate compact agency that pro-
vides 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 collec-
tive bargaining agreement to which the arbitration relates, of the resi-
dents of the Washington, D.C. metropolitan area, and the effect of an
arbitration award rendered under that arbitration on the respective in-
come or property tax rates of the jurisdictions that provide subsidy
payments to the interstate compact agency established under the com-
pact.
(b) FACTORS IN MAKING ARBITRATION AWARD.—An arbitrator rendering
an arbitration award involving the employees of an interstate compact agen-
cy operating in the national capital area may not make a finding or a deci-
sion for inclusion in a collective bargaining agreement governing conditions
of employment without considering the following factors:
(1) The existing terms and conditions of employment of the employ-
ees 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, D.C. metropolitan area, published by the Bureau of
Labor Statistics.
(4) The wages, benefits, and terms and conditions of the employment
of other employees who perform, in other jurisdictions in the Wash-
ington, D.C. 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 em-
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ployment, physical requirements, educational qualifications, job training
and skills, shift assignments, and the demands placed upon the employ-
ees 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 employ-
ees, having regard not only for wage rates but also for wages for
time not worked, including vacations, holidays, and other excused
absences;
(B) all benefits received by the employees, including previous
bonuses, 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 em-
ployees of an interstate compact agency operating in the national capital
area may not, with respect to a collective bargaining agreement governing
conditions of employment, provide for salaries and other benefits that exceed
the ability of the interstate compact agency, or of any governmental juris-
diction that provides subsidy payments or budgetary assistance to the inter-
state compact agency, to obtain the necessary financial resources to pay for
wage and benefit increases for employees of the interstate compact agency.
(d) REQUIREMENTS FOR FINAL AWARD.—
(1) WRITTEN AWARD.—In resolving a dispute submitted to arbitra-
tion involving the employees of an interstate compact agency operating
in the national capital area, the arbitrator shall issue a written award
that demonstrates that all the factors set forth in subsections (a) and
(b) have been considered and applied.
(2) PREREQUISITES.—An award may grant an increase in pay rates
or benefits (including insurance and pension benefits), or reduce hours
of work, only if the arbitrator concludes that any costs to the agency
do not adversely affect the public welfare.
(3) SUBSTANTIAL EVIDENCE.—The arbitrator’s conclusion regarding
the public welfare must be supported by substantial evidence.
§ 18304. Procedures for enforcement of awards
(a) MODIFICATIONS AND FINALITY OF AWARD.—Within 10 days after
the parties receive an arbitration award to which section 18303 of this title
applies, the interstate compact agency and the employees, through their rep-
resentative, may agree in writing on any modifications to the award. After
the end of that 10-day period, the award, and any modifications, become