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-CITE- 40 USC TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS -HEAD- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS -MISC1- THIS TITLE WAS ENACTED BY PUB. L. 107-217, SEC. 1, AUG. 21, 2002, 116 STAT. 1062 Subtitle Sec. I. FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 101 II. PUBLIC BUILDINGS AND WORKS 3101 III. INFORMATION TECHNOLOGY MANAGEMENT 11101 IV. APPALACHIAN REGIONAL DEVELOPMENT 14101 V. MISCELLANEOUS 17101 TABLE SHOWING DISPOSITION OF ALL SECTIONS OF FORMER TITLE 40 -------------------------------------------------------------------- Title 40 Title 40 Former Sections New Sections -------------------------------------------------------------------- 1, 1a Rep. 2 Rep. 3 Rep. 4 Rep. 5 Rep. 5a Rep. 6 Rep. 7 Rep. 7a Rep. 8-13 Rep. 13a, 13a note 6111 13b 6112 13c 6113 13d Rep. 13e 6114 13f 6122 13g 6131 13h 6132 13i 6133 13j 6134 13k 6135 13l 6102 13m 6137 13n(a) 6121 13n(b) 6123 13n(c) 6121 13n(d) 6101 13o 6136 13p 6101 14-18a Rep. 19 8101 20, 21 Rep. 22 Rep. 22a-22c 8143 23, 24 Rep. 25 Rep. 26 Rep. 27 Rep. 27a Rep. 28 Rep. 29 Rep. 30 Rep. 30a Rep. 31 8108 32, 33 Rep. 33a Rep. 34 8141 35 8142 36-37a Rep. 38 Rep. 39 Rep. 40 Rep. 40a Rep. (Transferred to former 278 prior to repeal) 41 Rep. 42 8165 43 8107 44 Rep. 45-48 9501 49 9503 50 9504 51, 52 9502 53 Rep. 53a Elim. 54 9507 55 9505 56 9506 57 Rep. 58 Elim. 59 Rep. 60 Elim. 60a 8161 61 Elim. 62 Elim. 63 Elim. 64 8122 65 Elim. 66 8121 67 Elim. 68 8106 69 Elim. 70 Elim. 71(a) 8701 71(b) 8702 71a(a)(1) 8711 71a(a)(2) 8712 71a(a)(3), (4) 8721 71a(b), (c) 8711 71a(d) 8721 71a(e), 71a note 8711 71b Rep. 71c(a) 8721 71c(b), (c) Rep. 71c(d), (e) (1st par.) 8721 71c(e) (last par.) 8722 71d 8722 71e Rep. 71f 8723 71g(a)-(c) 8724 71g(d) 8725 71h 8711 71i 8726 72 8731 72a 8732 72b 8733 72c, 72d 8734 72e 8736 73 (1st, 2d sentences) 8737 73 (3d-last sentences) 8731 74 8711 74a-74c 8735 75 Elim. 76 Elim. 77 Elim. 77a Rep. 78 Elim. 79 8123 80 Elim. 81 Elim. 82 8125 83 Elim. 84 Elim. 85 Elim. 86 Elim. 87 Elim. 88 Elim. 89 8126 90 Elim. 91 Rep. 92 Elim. 92a Elim. 93 Elim. 94 Elim. 95 Elim. 96 Elim. 97 Elim. 98 Elim. 99 Elim. 100 8127 101 8103 102 8162 103 8163 104 (1st, 2d sentences) 9101 104 (3d-6th sentences) 9102 104 (last sentence words 9103 before comma) 104 (last sentence words after 9101 comma) 105 9103 106 9104 107 Elim. 108 Elim. 109-112 Rep. 112a Rep. 113 8144 114 Rep. 115 Rep. 115a Rep. 116-119 Rep. 120 Rep. 121 8104 122, 123 8124 124 (words before proviso) 9301 124 (proviso) 9302 125 (words before semicolon) 9303 125 (words after semicolon) 9304 126 Rep. 127 9301 note 128 8105 129 585 note 129a-130a 8164 131 8302 132 8303 133 8304 134 Rep. 135 8301 136(a) 8501 136(b), (c) 8502 136(d) (See Sec. 49-103 of the D.C. Official Code) 136(e) Rep. 136(f) 8501 136(g)(1), (2) Rep. 136(h)-(j) 8501 137 8102 138 Rep. 161 T. 2 Sec. 1801 note 161a Rep. 162 T. 2 Sec. 1811 162-1 T. 2 Sec. 1801 162a T. 2 Sec. 1802 162b T. 2 Sec. 1868 163 T. 2 Sec. 1812 163a T. 2 Sec. 1813 163b T. 2 Sec. 1803 164 Rep. 164a T. 2 Sec. 1804 165 Rep. 166 T. 2 Sec. 1814 166a Rep. 166a-1 T. 2 Sec. 1861 166b Rep. 166b-1 Rep. 166b-1a T. 2 Sec. 1841 166b-1b T. 2 Sec. 1842 166b-1c T. 2 Sec. 1843 166b-1d T. 2 Sec. 1844 166b-1e T. 2 Sec. 1845 166b-1f T. 2 Sec. 1846 166b-2 T. 2 Sec. 1850 166b-3 T. 2 Sec. 1847 166b-3a T. 2 Sec. 1848 166b-3b T. 2 Sec. 1849 166b-4 T. 2 Sec. 1851 166b-5 T. 2 Sec. 1852 166b-6 T. 2 Sec. 1832 166b-7 T. 2 Sec. 1831 166c Elim. 166d T. 2 Sec. 1818 166e T. 2 Sec. 1863 166f T. 2 Sec. 1864 166g T. 2 Sec. 1867 166h T. 2 Sec. 1862 166i T. 2 Sec. 1815 166j T. 2 Sec. 1816 166k T. 2 Sec. 1819 166l T. 2 Sec. 1865 166m T. 2 Sec. 1820 167 T. 2 Sec. 1833 167a Rep. 168 T. 2 Sec. 1834 168a Rep. 169 T. 2 Sec. 2012 170 T. 2 Sec. 2184 170a (Previously transferred to T. 2 Sec. 117b-1) 171 T. 2 Sec. 1817 172 Rep. 173 T. 2 Sec. 2185 174 Rep. 174a Rep. 174b Elim. 174b-1 T. 2 Sec. 2021 174b-2 T. 2 Sec. 2022 174c T. 2 Sec. 2023 174d T. 2 Sec. 2024 174d-1 T. 2 Sec. 2181 174e T. 2 Sec. 1866 174f-174j Rep. 174j-1 T. 2 Sec. 2042 174j-2 Rep. 174j-3 T. 2 Sec. 2043 174j-4 T. 2 Sec. 2044 174j-5 T. 2 Sec. 2045 174j-6 T. 2 Sec. 2046 174j-7 T. 2 Sec. 2047 174j-8 T. 2 Sec. 2048 174j-9 T. 2 Sec. 2049 174j-10 T. 2 Sec. 2050 174k T. 2 Sec. 2041 175 T. 2 Sec. 2001 175a T. 2 Sec. 2002 176 T. 2 Sec. 2003 177 T. 2 Sec. 2004 178 T. 2 Sec. 2005 179 T. 2 Sec. 2006 180 T. 2 Sec. 2007 181 T. 2 Sec. 2008 182 T. 2 Sec. 2009 183 T. 2 Sec. 2010 184 T. 2 Sec. 2011 184a T. 2 Sec. 2161 184b-184f Rep. 184g T. 2 Sec. 2062 185 T. 2 Sec. 2162 185a T. 2 Sec. 2025 186 T. 10 Sec. 4689 187 T. 2 Sec. 2131 187a T. 2 Sec. 2132 188 T. 2 Sec. 2133 188a T. 2 Sec. 2081 188a-1 T. 2 Sec. 2082 188a-2 T. 2 Sec. 2083 188a-3 T. 2 Sec. 2084 188a-4 T. 2 Sec. 2085 188a-5 T. 2 Sec. 2086 188b T. 2 Sec. 2101 188b-1 T. 2 Sec. 2102 188b-2 T. 2 Sec. 2103 188b-3 T. 2 Sec. 2104 188b-4 T. 2 Sec. 2105 188b-5 T. 2 Sec. 2106 188b-6 T. 2 Sec. 2107 188c T. 2 Sec. 2121 188c-1 T. 2 Sec. 2122 189 T. 2 Sec. 2134 190 T. 2 Sec. 2135 190a Rep. 190b T. 2 Sec. 2182 191 Rep. 192 Rep. 193 T. 2 Sec. 2183 193a 5102 193b 5103 193c-193g 5104 193h 5109 193i 5105 193j, 193k 5106 193l 5107 193m(1) 5101 193m(2)-(5) 5104 193m-1 5108 193n 6306 193o 6302 193p, 193q 6303 193r 6304 193s 6307 193t 6306 193u 6305 193v 6301 193w Rep. 193x 6306 194-205 Rep. 206 T. 2 Sec. 1901 206-1 T. 2 Sec. 1902 206a - 206a-8 Elim. (Previously transferred to former 206 notes) 206a-9 T. 2 Sec. 1903 206b T. 2 Sec. 1924 206c T. 2 Sec. 1925 206d T. 2 Sec. 1971 206d-1 T. 2 Sec. 1972 206e T. 2 Sec. 1973 207 T. 2 Sec. 1921 207a T. 2 Sec. 1922 207b T. 2 Sec. 1923 207b-1 T. 2 Sec. 1926 206b-2 T. 2 Sec. 1927 207c T. 2 Sec. 1951 207c-1 T. 2 Sec. 1952 207c-2 T. 2 Sec. 1953 207c-3 T. 2 Sec. 1954 207d T. 2 Sec. 1904 207e T. 2 Sec. 1905 208 T. 2 Sec. 1928 209 T. 2 Sec. 1929 210 T. 2 Sec. 1941 210a T. 2 Sec. 1942 211 T. 2 Sec. 1943 212 T. 2 Sec. 1944, 1944 notes 212a T. 2 Sec. 1961 212a-1 T. 2 Sec. 1962, 1962 notes 212a-2 T. 2 Sec. 1966 212a-3 T. 2 Sec. 1967 212a-4 T. 2 Sec. 1964 212a-4a T. 2 Sec. 1965 212a-5 T. 2 Sec. 1968 212b T. 2 Sec. 1969 212c T. 2 Sec. 1970 213 Rep. 213a Elim. 214 T. 2 Sec. 1963 214a Rep. 214b T. 2 Sec. 2061 214c T. 2 Sec. 2063 214d T. 2 Sec. 2064 214e T. 2 Sec. 2065 215 T. 2 Sec. 2141 216 T. 2 Sec. 2142 216a T. 2 Sec. 2145 216b T. 2 Sec. 2143 216c T. 2 Sec. 2146 216d T. 2 Sec. 2144 217 Rep. 217a T. 2 Sec. 2147 217b Rep. 217c T. 2 Sec. 2167 218-220 Rep. 221 Rep. 222 Rep. 223 T. 2 Sec. 2163 224 T. 2 Sec. 2164 231 (Previously transferred to former T. 44 Sec. 300 prior to repeal) 232, 232a (Previously transferred to former T. 44 Sec. 300a prior to repeal) 232b Rep. 233-241 (Previously transferred to former T. 44:300c-300k prior to repeal) 251 Rep. 252 Rep. 253 311 254 Rep. 255 (1st-5th pars.) 3111 255 (last par.) 3112 256 Rep. 257 3113 258 Rep. 258a, 258b 3114 258c 3115 258d 3118 258e 3115 258e-1 3116 258f 3117 259, 260 Rep. 261 3171 262-265 Rep. 265a Rep. 266, 267 Rep. 267a Rep. 268, 269 Rep. 269a Rep. 270 Rep. 270a 3131 270a note 3132 270b, 270c 3133 270d, 270d-1 3131 270e, 270f 3134 271 Rep. 272 Rep. 273-276 Rep. 276a(a) 3142 276a(b) (1st par. words before 3141 proviso) 276a(b) (1st par. proviso, 3142 last par.) 276a-1 3143 276a-2 3144 276a-3 3146 276a-4 Rep. 276a-5 3147 276a-6 Rep. 276a-7 3148 276b Rep. 276c 3145 276d 3161 276d-1 - 276d-3 3162 277 Rep. 277a Rep. 278, 278a Rep. 278b Rep. 278c Rep. 279-281 Rep. 282 Rep. 283 3104 284 Rep. 285 3101 285a Elim. 286 3105 287 Rep. 288 Elim. 289 Elim. 289a (See former 289) 290 3172 291 3103 292 Rep. 293 3173 294 Rep. 295 3174 296 Rep. 297-298 Rep. 298a 3175 298b 3176 298c Rep. 298d 3102 301 1301 302-303a Rep. 303b 1302 303c T. 16 Sec. 3b 304 1305 304a-304e 1303 304f-304m 1306 305 1311 306 1312 307 Rep. 308, 309 1313 310 1309 311, 311a Rep. 311b 1308 312 Rep. 313 Rep. 313-1 Rep. 313-2 Rep. 313a Rep. 314 1310 314a Rep. 315 Rep. 316 1307 317 Rep. 318-318d 1315 319 1314 319 note 1314 319a 1314 319a note 1314 319b 1314 319b note 1314 319c 1314 319c note 1314 321, 322 Rep. 323 Rep. 324-326 Rep. 327 Rep. 328 3702 329 3701 330 3703 331 3706 332 3708 333(a)-(e) 3704 333(f) 3705 334 3707 341-342a Rep. 343 Rep. 344, 345 Rep. 345a Rep. 345b, 345c, 345c note 1304 346-350a Rep. 351 (See former 33a) 352-355 Rep. 356 Rep. 356a Rep. 357 Rep. 361-386, 401 Rep. 402-410 Rep. 411 Rep. 411a Rep. 412 Rep. 413 Rep. 414 Rep. 421-425 Rep. 431-434 Rep. 435 Rep. 436 Rep. 437 Rep. 438 Rep. 439 Rep. 440 Rep. 441 Rep. 442 Rep. 443 Rep. 444 Rep. 451-455 Rep. 456 Rep. 457 Rep. 458 Rep. 459 Rep. 460 3501 461 Rep. 462(a), (b) 3502 462(c) Rep. 462(d) 3502 462(e) 3503 462(f) 3504 462(g) 3505 462(h) Rep. 471 101 472 102 473 112 474(a) Rep. 474(b) (See T. 5 Sec. 901 note) 474(c)-(e) 113 475(a) 125 475(b) 124 476 122 481(a) 501 481(b) 502 481(c) 503 481(d) 504 481(e) 505 482 Rep. 483(a)(1) (1st sentence) 521 483(a)(1) (last sentence) 522 483(a)(2) 523 483(b), (c) 524 483(d) 525 483(e) 529 483(f) Rep. 483(g) 526 483(h) 527 483a Rep. 483b 528 483c Rep. 483d 556 484(a) 541 484(b) 542 484(c) 543 484(d) 544 484(e) 545 484(f) 546 484(g), (h) 547 484(i) 548 484(j) 549 484(k) 550 484(l ) 551 484(m) 552 484(n) 549 484(o ) Rep. 484(p) 553 484(q) 554 484(r) 555 484-1 557 484a Rep. 484b Rep. 484c Rep. 484d 558 485(a) 571 485(b) 572 485(c)-(g) 574 485(h) 572 485(i) 573 485a 571 486, 486a 121 487 506 488 559 489 123 490(a) 581 490(b) 582 490(c) 583 490(d) 582 490(e) 584 490(f) 592 490(g) 588 490(h) 585 490(i) 589 490(j), (k) 586 490(l ) 587 490 notes 587, 591 490a, 490a-1 592 490b, 490b note, 490b-1 590 490c 593 490d, 490e 585 490f 586 490g 592 490h 587 490i 592 491(a) 601 491(b) (related to 602 establishment) 491(b) (related to 603 determination), (c) 491(d) 605 491(e) 603 491(f) (1st sentence) 607 491(f) (last sentence) 610 491(g), (h) 604 491(i) 608 491(j) 606 491(k) 609 491(l ) 611 492 126 493 Rep. 511 701 512(a) 704 512(b) 703 512(c) 702 513 705 514 701 521-524 Rep. 531 901 532 904 533 903 534 905 535(a), (b) 902 535(c) 904 541 1102 542 1101 543 1103 544 1104 551-554 Rep. 601 3302 601a 3306 602 3304 602a Rep. 603 3305 604 3304 605 3305 606(a)-(e), (f) (related to 3307 this section) 606(f) (related to 40:603(b)) 3305 607 3309 608 3305 609 3308 610 3314 611 3303 612, 612a(1), (2) 3301 612a(3)-(8) 3306 613 3301 614 3313 615 3315 616 Elim. 617 3311 618 3310 619 3312 651, 652, 661-665, 671 Rep. 672 Elim. 681 Elim. 682, 683 Rep. 684 Rep. 685 Rep. 701 17102 701 note, 702 17103 703 17101 721 17302 722, 722a 17303 723 (1st sentence, 2d sentence 17304 words before 2d proviso) 723 (2d sentence 2d, last 17303 provisos, last sentence) 724 17305 725 17306 726 17307 727 17308 728 17309 729(a) (1st, 2d sentences) 17301 729(a) (last sentence) 17301, 17306 729(b)-(d) 17301 751(a) 301 751(b), (c) 302 751(d) Rep. 751(e) Rep. 751(f) 121 752(a) 303 752(b) Rep. 752(c), 753 303 754 121 755 Rep. 755a 312 756(a)-(c) 321 756(d) Rep. 756(e), (f) 321 756(g) (1st-3d sentences) 313 756(g) (last sentence), 756a, 321 756b 757 322 758 311 759 Rep. 760 304 761, 761a 323 762 18101 762a 18102 762b 18103 762c Rep. 762d 18104 771 17701 781 17702 782 17703 783 17704 784 17705 785 17706 786 17707 791 17708 792 Rep. 795 17901 795a 17902 795b 17903 795c 17904 795d Rep. 801-809 Rep. 811(a) (1st, 2d sentences) 6902 811(a) (last sentence) 6901 811(b) Rep. 811(c) Rep. 811(d) Rep. 812 Rep. 813(a) 6910 813(b) Rep. 814 Rep. 815(a)-(c) Rep. 815(d) 6903 816(a)(1) 6904 816(a)(2) Rep. 816(b) 6904 817 6906 818 6908 819(a) Rep. 819(b) Rep. 819(c) 6907 819(d) 6909 819a 6905 821 (related to creation) 6921 821 (related to duties) 6922 822(a) 6921 822(b) 6923 822(c) 6922 823 6924 831 T. 2 Sec. 2165 851 T. 2 Sec. 2166 871 6711 872 Rep. 872 notes 6701, 6702 873 Rep. 874 Rep. 875 Rep. 876(a) 6712 876(b) 6713 877(a) Rep. 877(b)-(d) 6714 878 6715 879(a) Rep. 879(b) 6701 880 6716 881 Rep. 882 Rep. 883 Rep. 884 Rep. 885 Rep. 901 17502 902 17503 903 17504 904 17505 905 Rep. 906 Rep. 907 17506 908 17507 909 17508 910 17509 911 17510 912 Rep. 913 17501 1001 8901 1002 8902 1003 8903 1004 8904 1005, 1006 8908 1007 8905 1008 8906 1009 8907 1010(a) 8909 1010(b) 8903 1010(c), (d) 8909 1010(e) 8902 1101 Rep. 1101 note 6734 1102(a)(1) Rep. 1102(a)(2) (1st sentence) 6733 1102(a)(2) (last sentence) 6734 1102(a)(3) Rep. 1102(b) Rep. 1103(a) Rep. 1103(b) 6734 1103(c)-(g) Rep. 1104(a), (b)(1), (2)(A) Rep. 1104(b)(2)(B) 6734 1104(b)(2)(C), (D), (words Rep. after (D)), (c) 1104(d) 6734 1104(e) Rep. 1104(f) 6733 1104(g) 6732 1104(h), (i) Rep. 1105 6734 1106 Elim. 1107 Elim. 1108 6731 note 1109 6731 1201 Rep. 1201 note 6502 1202(a)(1)-(5) Rep. 1202(a)(6) 6502 1202(a)(7) Rep. 1202(a)(8) 6502 1202(b)(1) Rep. 1202(b)(2)(A) Rep. 1202(b)(2)(B), (C) 6502 1202(b)(2)(D) (words before Rep. "and the lease") 1202(b)(2)(D) (words after 6504 "provisions of this chapter") 1202(b)(2) (words after (D)) Rep. 1202(c)-(e) 6502 1203(a), (b) 6504 1203(c) 6502 1203(d) 6504 1204 6505 1205 6506 1206 6503 1207 6507 1208 6501 1301 18301 1302(1), (2) 18302 1302(3) 18303 1302(4), (5) 18302 1302(6), 1303 18303 1304 18304 1401 11101 1411 11301 1412 11302 1413 11303 1421 11311 1422 11312 1423 11313 1424 11314 1425(a) (See T. 44 Sec. 3506) 1425(b)-(d) 11315 1426 11316 1427 11317 1428 11318 1441 11331 1441 notes 11332 1442 11102 1451, 1452 11103 1461 11704 1471 11501 1472 11502 1473 11503 1474 11504 1475 11505 1491 11521 1492 11522 1501 11701 1502 11702 1503 11703 T. 40 App. Sec. 1 Rep. T. 40 App. Sec. 2 14101 T. 40 App. Sec. 101(a)(1) 14301 T. 40 App. Sec. 101(a)(2) 14307 T. 40 App. Sec. 101(b) 14302 T. 40 App. Sec. 101(c), (d) 14301 T. 40 App. Sec. 102 14303 T. 40 App. Sec. 103 14304 T. 40 App. Sec. 104 14305 T. 40 App. Sec. 105, 106(1), 14306 (2) (1st sentence) T. 40 App. Sec. 106(2) (2d, 14301 last sentences) T. 40 App. Sec. 106(3)-(9) 14306 T. 40 App. Sec. 107 14308 T. 40 App. Sec. 108 14309 T. 40 App. Sec. 109 (See T. 5 Sec. 5334) T. 40 App. Sec. 201 14501 T. 40 App. Sec. 202 14502 T. 40 App. Sec. 203 14504 T. 40 App. Sec. 204 14505 T. 40 App. Sec. 205 14506 T. 40 App. Sec. 206 Rep. T. 40 App. Sec. 207 14503 T. 40 App. Sec. 208, 211-213 Rep. T. 40 App. Sec. 214 14507 T. 40 App. Sec. 221 14521 T. 40 App. Sec. 222 14522 T. 40 App. Sec. 223 14523 T. 40 App. Sec. 223 note 14702 T. 40 App. Sec. 224 14524 T. 40 App. Sec. 225 14525 T. 40 App. Sec. 226 14526 T. 40 App. Sec. 301 14102 T. 40 App. Sec. 302 14321 T. 40 App. Sec. 303 14322 T. 40 App. Sec. 304 14310 T. 40 App. Sec. 401 14703 T. 40 App. Sec. 402 14701 T. 40 App. Sec. 403 14102 T. 40 App. Sec. 404 Rep. T. 40 App. Sec. 405 14704 -------------------------------------------------------------------- EFFECTIVE DATE OF 2003 AMENDMENT BY PUB. L. 108-178 Pub. L. 108-178, enacting and amending notes set out below, effective Aug. 21, 2002, see section 5 of Pub. L. 108-178, set out as an Effective Date of 2003 Amendment note under section 5334 of Title 5, Government Organization and Employees. ENACTING CLAUSE Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062, provided in part that: "Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified, and enacted as title 40, United States Code, 'Public Buildings, Property, and Works' ". LEGISLATIVE PURPOSE AND CONSTRUCTION Pub. L. 108-178, Sec. 1, Dec. 15, 2003, 117 Stat. 2637, provided that: "(a) Purpose. - The purpose of this Act [see Tables for classification] is to improve the United States Code by making necessary technical changes. "(b) No Substantive Change. - This Act makes no substantive change in existing law and may not be construed as making a substantive change in existing law. "(c) Severability. - If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." Pub. L. 107-217, Sec. 5, Aug. 21, 2002, 116 Stat. 1303, provided that: "(a) Purpose. - The purpose of this Act is to revise, codify, and enact without substantive change the general and permanent laws of the United States related to public buildings, property, and works, in order to remove ambiguities, contradictions, and other imperfections and to repeal obsolete, superfluous, and superseded provisions. "(b) No Substantive Change. - "(1) In general. - This Act makes no substantive change in existing law and may not be construed as making a substantive change in existing law. "(2) Deemed date of enactment for certain purposes. - For purposes of determining whether one provision of law supersedes another based on enactment later in time, and otherwise to ensure that this Act makes no substantive change in existing law, the date of enactment of a provision restated in section 1 or 2 of this Act is deemed to remain unchanged, continuing to be the date of enactment of the underlying provision of public law that is being restated. "(3) Inconsistent laws enacted after March 31, 2002. - This Act restates certain laws enacted before April 1, 2002. Any law enacted after March 31, 2002, that is inconsistent with this Act, including any law purporting to amend or repeal a provision that is repealed by this Act, supersedes this Act to the extent of the inconsistency. "(c) References. - A reference to a law replaced by section 1 or 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act. "(d) Continuing Effect. - An order, rule, or regulation in effect under a law replaced by section 1 or 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded. "(e) Actions and Offenses Under Prior Law. - An action taken or an offense committed under a law replaced by section 1 or 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act. "(f) Inferences. - An inference of a legislative construction is not to be drawn by reason of the location in the United States Code of a provision enacted by this Act or by reason of a caption or catch line of the provision. "(g) Severability. - If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision enacted by this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications." REPEALS Pub. L. 108-178, Sec. 2(b), Dec. 15, 2003, 117 Stat. 2640, provided that: "Section 6(b) of Public Law 107-217 (116 Stat. 1304) [see below] is repealed insofar as it relates to the provisions listed below, and the provisions listed below are revived to read as if section 6(b) had not been enacted: "(1) Section 1(a) of the Act of June 30, 1949 (ch. 288, 63 Stat. 377) [41 U.S.C. 251 note]. "(2) Section 509(b) of the Department of Education Organization Act (Public Law 96-88, 93 Stat. 695) [20 U.S.C. 3508(b)]. "(3) Public Law 101-427 (104 Stat. 927) [23 U.S.C. 101 note]. "(4) Section 7306 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355, 108 Stat. 3384)." Pub. L. 107-217, Sec. 6(a), Aug. 21, 2002, 116 Stat. 1304, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal." Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116 Stat. 1304, as amended by Pub. L. 108-178, Sec. 2, Dec. 15, 2003, 117 Stat. 2637, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 21, 2002. -End- -CITE- 40 USC SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES -HEAD- SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES -MISC1- Chapter Sec. 1. GENERAL 101 3. ORGANIZATION OF GENERAL SERVICES ADMINISTRATION 301 5. PROPERTY MANAGEMENT 501 7. FOREIGN EXCESS PROPERTY 701 9. URBAN LAND USE 901 11. SELECTION OF ARCHITECTS AND ENGINEERS 1101 13. PUBLIC PROPERTY 1301 -End- -CITE- 40 USC CHAPTER 1 - GENERAL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL -HEAD- CHAPTER 1 - GENERAL -MISC1- SUBCHAPTER I - PURPOSE AND DEFINITIONS Sec. 101. Purpose. 102. Definitions. SUBCHAPTER II - SCOPE 111. Application to Federal Property and Administrative Services Act of 1949. 112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949. 113. Limitations. SUBCHAPTER III - ADMINISTRATIVE AND GENERAL 121. Administrative. 122. Prohibition on sex discrimination. 123. Civil remedies for fraud. 124. Agency use of amounts for property management. 125. Library memberships. 126. Reports to Congress. -End- -CITE- 40 USC SUBCHAPTER I - PURPOSE AND DEFINITIONS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER I - PURPOSE AND DEFINITIONS -HEAD- SUBCHAPTER I - PURPOSE AND DEFINITIONS -End- -CITE- 40 USC Sec. 101 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER I - PURPOSE AND DEFINITIONS -HEAD- Sec. 101. Purpose -STATUTE- The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities: (1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies. (2) Using available property. (3) Disposing of surplus property. (4) Records management. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 101 40:471. June 30, 1949, ch. 288, Sec. 2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, Sec. 1, 68 Stat. 1126. -------------------------------------------------------------------- SHORT TITLE OF 2006 AMENDMENT Pub. L. 109-396, Sec. 1, Dec. 15, 2006, 120 Stat. 2711, provided that: "This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out under section 8903 of this title, and provisions set out as a note under section 225b of Title 24, Hospitals and Asylums] may be cited as the 'Federal and District of Columbia Government Real Property Act of 2006'." Pub. L. 109-313, Sec. 1, Oct. 6, 2006, 120 Stat. 1734, provided that: "This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5, Government Organization and Employees, section 2669 of Title 22, Foreign Relations and Intercourse, and section 433 of Title 41, Public Contracts, repealing section 322 of this title, enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 5, and amending provisions set out as notes under section 2302 of Title 10, Armed Forces, and section 2107 of Title 44, Public Printing and Documents] may be cited as the 'General Services Administration Modernization Act'." SHORT TITLE OF 2003 AMENDMENT Pub. L. 108-126, title II, Sec. 201, Nov. 17, 2003, 117 Stat. 1349, provided that: "This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title] may be cited as the 'Commemorative Works Clarification and Revision Act of 2003'." -End- -CITE- 40 USC Sec. 102 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER I - PURPOSE AND DEFINITIONS -HEAD- Sec. 102. Definitions -STATUTE- The following definitions apply in chapters 1 through 7 of this title and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.): (1) Care and handling. - The term "care and handling" includes - (A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and (B) rendering innocuous, or destroying, property that is dangerous to public health or safety. (2) Contractor inventory. - The term "contractor inventory" means - (A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and (B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government. (3) Excess property. - The term "excess property" means property under the control of a federal agency that the head of the agency determines is not required to meet the agency's needs or responsibilities. (4) Executive agency. - The term "executive agency" means - (A) an executive department or independent establishment in the executive branch of the Government; and (B) a wholly owned Government corporation. (5) Federal agency. - The term "federal agency" means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol). (6) Foreign excess property. - The term "foreign excess property" means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands. (7) Motor vehicle. - The term "motor vehicle" means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding - (A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and (B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties. (8) Nonpersonal services. - The term "nonpersonal services" means contractual services designated by the Administrator of General Services, other than personal and professional services. (9) Property. - The term "property" means any interest in property except - (A)(i) the public domain; (ii) land reserved or dedicated for national forest or national park purposes; (iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and (iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise; (B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and (C) records of the Government. (10) Surplus property. - The term "surplus property" means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 102 40:472. June 30, 1949, ch. 288, Sec. 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, Secs. 7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, Sec. 1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, Sec. 4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, Sec. 2, 69 Stat. 722; Pub. L. 85-337, Sec. 5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86-70, Sec. 30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-624, Sec. 27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93-594, Jan. 2, 1975, 88 Stat. 1926. -------------------------------------------------------------------- In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of "Administrator" is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of "person" in 1:1. In clause (6), the words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. The public land mining and mineral leasing laws, referred to in par. (9)(A)(iii), are classified generally to Title 30, Mineral Lands and Mining. The public land laws, referred to in par. (9)(A)(iv), are classified generally to Title 43, Public Lands. -End- -CITE- 40 USC SUBCHAPTER II - SCOPE 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER II - SCOPE -HEAD- SUBCHAPTER II - SCOPE -End- -CITE- 40 USC Sec. 111 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER II - SCOPE -HEAD- Sec. 111. Application to Federal Property and Administrative Services Act of 1949 -STATUTE- In the following provisions, the words "this subtitle" are deemed to refer also to title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.): (1) Section 101 of this title. (2) Section 112(a) of this title. (3) Section 113 of this title. (4) Section 121(a) of this title. (5) Section 121(c)(1) of this title. (6) Section 121(c)(2) of this title. (7) Section 121(d)(1) and (2) of this title. (8) Section 121(e)(1) of this title. (9) Section 121(f) of this title. (10) Section 121(g) of this title. (11) Section 122(a) of this title. (12) Section 123(a) of this title. (13) Section 123(c) of this title. (14) Section 124 of this title. (15) Section 126 of this title. (16) Section 311(c) of this title. (17) Section 313(a) of this title. (18) Section 528 of this title. (19) Section 541 of this title. (20) Section 549(e)(3)(H)(i)(II) of this title. (21) Section 557 of this title. (22) Section 558(a) of this title. (23) Section 559(f) of this title. (24) Section 571(b) of this title. (25) Section 572(a)(2)(A) of this title. (26) Section 572(b)(4) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 111 (no source). -------------------------------------------------------------------- This section is added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. In the positive law codification of title 40, most of the Federal Property and Administrative Services Act of 1949 is restated as subtitle I of title 40. However, title III of the Act, which is outside the scope of the positive law codification, remains classified to the United States Code as 41 U.S.C. 251 et seq. Where the words "this Act" are restated, substituting the words "this subtitle" does not yield an accurate literal translation because "this subtitle" does not include title III of the Act. This section does not subject any provision of law to title III of the Act if that provision was not subject to title III prior to the positive law codification of title 40. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -End- -CITE- 40 USC Sec. 112 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER II - SCOPE -HEAD- Sec. 112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949 -STATUTE- (a) In General. - A policy, procedure, or directive described in subsection (b) remains in effect until superseded or amended under this subtitle or other appropriate authority. (b) Description. - A policy, procedure, or directive referred to in subsection (a) is one that was in effect on July 1, 1949, and that was prescribed by - (1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949; (2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property; (3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or (4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I of the Federal Property and Administrative Services Act of 1949. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 112 40:473. June 30, 1949, ch. 288, title VI, Sec. 601, formerly title V, Sec. 501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -------------------------------------------------------------------- -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Except for title III of the Act, which is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts, the Act was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title. Provisions of former title I of the Act now appear in chapter 3 of this title. The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was classified principally to sections 1611 to 1646 of Title 50, Appendix, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is set out in part in Title 50, Appendix. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103- 272, Secs. 1(e), 7(b), July 5, 1994, 108 Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by provisions of the 1949 act which were classified to chapter 10 (Sec. 471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title. -End- -CITE- 40 USC Sec. 113 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER II - SCOPE -HEAD- Sec. 113. Limitations -STATUTE- (a) In General. - Except as otherwise provided in this section, the authority conferred by this subtitle is in addition to any other authority conferred by law and is not subject to any inconsistent provision of law. (b) Limitation Regarding the Office of Federal Procurement Policy Act. - The authority conferred by this subtitle is subject to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (c) Limitation Regarding Certain Government Corporations and Agencies. - Sections 121(b) and 506(c) of this title do not apply to a Government corporation or agency that is subject to chapter 91 of title 31. (d) Limitation Regarding Congress. - This subtitle does not apply to the Senate or the House of Representatives (including the Architect of the Capitol and any building, activity, or function under the direction of the Architect). However, services and facilities authorized by this subtitle shall, as far as practicable, be made available to the Senate, the House of Representatives, and the Architect of the Capitol on their request. If payment would be required for providing a similar service or facility to an executive agency, payment shall be made by the recipient, on presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the Administrator of General Services and the officer or body making the request). The payment may be credited to the applicable appropriation of the executive agency receiving the payment. (e) Other Limitations. - Nothing in this subtitle impairs or affects the authority of - (1) the President under the Philippine Property Act of 1946 (22 U.S.C. 1381 et seq.); (2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle; (3) an executive agency named in chapter 137 of title 10, and the head of the agency, with respect to the administration of that chapter; (4) the Secretary of Defense with respect to property required for or located in occupied territories; (5) the Secretary of Defense with respect to the administration of section 2535 of title 10; (6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.); (7) the Secretary of State under the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.); (8) the Secretary of Agriculture under - (A) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.); (B) the Farmers Home Administration Act of 1946 (ch. 964, 60 Stat. 1062); (C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), with respect to the exportation and domestic consumption of agricultural products; (D) section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or (E) section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)); (9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property; (10) the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of - (A) residential property; or (B) other property - (i) acquired or held as part of, or in connection with, residential property; or (ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), or any other law; (11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle; (12) the Secretary of Energy with respect to atomic energy; (13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property; (14) the United States Postal Service; (15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle; (16) the Central Intelligence Agency; (17) the Joint Committee on Printing, under title 44 or any other law; (18) the Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 (16 U.S.C. 832 et seq.); (19) the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or (20) the Office of the Director of National Intelligence. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108-458, title I, Sec. 1080, Dec. 17, 2004, 118 Stat. 3696.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 113(a) 40:474(c) (words June 30, 1949, ch. 288, before 1st comma). title VI, Sec. 602(c)-(e), formerly Sec. 502(c)-(e), 63 Stat. 401; renumbered Sec. 602(c)-(e), Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, Secs. 7(e), (f), 8(c), 64 Stat. 590, 591; Pub. L. 85-726, title XIV, Sec. 1406, Aug. 23, 1958, 72 Stat. 808; Pub. L. 87-456, title III, Sec. 303(b), May 24, 1962, 76 Stat. 78; Pub. L. 89-343, Sec. 6, Nov. 8, 1965, 79 Stat. 1303; Pub. L. 90-19, Sec. 7, May 25, 1967, 81 Stat. 22; Pub. L. 91-375, Sec. 6(m)(2), Aug. 12, 1970, 84 Stat. 782; Pub. L. 93-400, Sec. 15(4), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-60, title II, Sec. 203(c), Aug. 15, 1979, 93 Stat. 399; Pub. L. 96-83, Sec. 10(b), Oct. 10, 1979, 93 Stat. 652; Pub. L. 97-31, Sec. 12(13), Aug. 6, 1981, 95 Stat. 154; Pub. L. 98-191, Secs. 8(d)(2), 9(a)(3), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 101-73, title VII, Sec. 744(f), Aug. 9, 1989, 103 Stat. 438; Pub. L. 106-78, title VII, Sec. 752(b)(14), Oct. 22, 1999, 113 Stat. 1170. 113(b) 40:474(c) (words between 1st and last commas). 113(c) 40:474(c) (words after last comma). 113(d) 40:474(e). 113(e) 40:474(d). -------------------------------------------------------------------- In subsection (a), the word "paramount" is omitted as included in "not subject to any inconsistent provision". In subsection (c), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597; 31 U.S.C. 841)" in section 602(c) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067). In subsection (e), the text of 40:474(d)(8) is omitted because 50 App.:1171(b) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 641). The text of 40:474(d)(19) is omitted as obsolete. In subsection (e)(2), the words "any phase (including, but not limited to, procurement, storage, transportation, processing, and disposal) of" and "the fulfillment of" are omitted as unnecessary. In subsection (e)(3), the words "chapter 137 of title 10" and "that chapter" are substituted for "Armed Services Procurement Act of 1947" and "said Act" in section 602(d)(3) of the Federal Property and Administrative Services Act of 1949, because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640). In subsection (e)(4), the words "Secretary of Defense" are substituted for "National Military Establishment" in section 602(d)(4) of the Federal Property and Administrative Services Act of 1949, because of section 12(a), (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591) and because of 10:113(a). In subsection (e)(5), the words "section 2535 of title 10" are substituted for "the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed "Defense Industrial Reserve Act" by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and transferred to section 2535 of title 10 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat. 2690). In subsection (e)(6), the words "the Munitions Board" are omitted because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff. June 30, 1953, 67 Stat. 638) abolished the Munitions Board and transferred the Board's functions to the Secretary of Defense. In subsection (e)(8), the words "or the Department of Agriculture" are omitted as unnecessary because of section 1 of Reorganization Plan No. 2 of 1953 (eff. June 30, 1953, 67 Stat. 638). The words "the Act of August 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities" are omitted because the intended reference is probably to the Act of July 31, 1947 (ch. 413, 61 Stat. 694), which was repealed by section 205(a) of the Housing Act of 1950 (ch. 94, 64 Stat. 73). In subsection (e)(9), the words "an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)" are substituted for "the Secretary of Agriculture, Farm Credit Administration, or any farm credit board under section 640l(b) of title 12" because section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (12:2001 note), repealed 12:640l, and provided that "[a]ll references in other legislation . . . to the Acts repealed hereby shall be deemed to refer to comparable provisions of [the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)]". In subsection (e)(10), the words "Secretary of Housing and Urban Development" are substituted for "Department of Housing and Urban Development" because of 42:3532. The words "Federal Deposit Insurance Corporation" are substituted for "Resolution Trust Corporation" because under 12:1441a(m)(1), the Resolution Trust Corporation terminated on December 31, 1995, and was succeeded by the Federal Deposit Insurance Corporation. In subsection (e)(11), the words "property acquired in connection with" are substituted for "any property acquired or to be acquired for or in connection with" to eliminate unnecessary words. In subsection (e)(12), the words "the Secretary of Energy with respect to atomic energy" are substituted for "the Atomic Energy Commission" because the Atomic Energy Commission was abolished and its functions were transferred to the Administrator of the Energy Research and Development Administration by section 104 of the Energy Reorganization Act of 1974 (42:5814), and the Energy Research and Development Administration was subsequently terminated and its functions transferred to the Secretary of Energy by sections 301(a) and 703 of the Department of Energy Organization Act (42:7151(a), 42:7293). In subsection (e)(13), the words "Secretary of Transportation" are substituted for "Administrator of the Federal Aviation Agency" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of sections 3(e) and 6(c)(1) of the Department of Transportation Act (Public Law 89-670, 80 Stat. 932, 938), because of 49:106(f) and (g), and because of 49:ch. 473. The words "Secretary of Commerce" are substituted for "Chief of the Weather Bureau" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because the office of Chief of the Weather Bureau was abolished and functions were transferred to the Secretary of Commerce by Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words "section 47301 of title 49" are substituted for "the International Aviation Facilities Act (62 Stat. 450)" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of section 6(b) of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 1378). In subsection (e)(17), the words "title 44 or any other law" are substituted for "the Act entitled 'An Act providing for the public printing and binding and the distribution of public documents' approved January 12, 1895 (28 Stat. 601), as amended or any other Act" in section 602(d)(18) of the Federal Property and Administrative Services Act of 1949 because of section 2(b) of the Act of October 22, 1968 (Public Law 90-620, 82 Stat. 1305), the first section of which enacted Title 44, United States Code. In subsection (e)(19), the words "Secretary of State" are substituted for "Director of the International Communication Agency" [subsequently changed to "Director of the United States Information Agency" because of section 303(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97- 241, 96 Stat. 291)] because of 22:6551. -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (b), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. The Philippine Property Act of 1946, referred to in subsec. (e)(1), is act July 3, 1946, ch. 536, 60 Stat. 418, as amended, which is classified generally to subchapter V (Sec. 1381 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 22 and Tables. The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (e)(6), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. The Foreign Service Buildings Act, 1926, referred to in subsec. (e)(7), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified generally to chapter 8 (Sec. 292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables. The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (Sec. 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Farmers Home Administration Act of 1946, referred to in subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was substantially repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87-128, title III, Sec. 341(a), 75 Stat. 318. For complete classification of this Act to the Code, see Tables. The Farm Credit Act of 1971, referred to in subsec. (e)(9), is Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is classified generally to chapter 23 (Sec. 2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables. The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat. 873, as amended, which is classified generally to chapter 16 (Sec. 1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables. The Bonneville Project Act of 1937, referred to in subsec. (e)(18), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended, which is classified generally to chapter 12B (Sec. 832 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 832 of Title 16 and Tables. -MISC2- AMENDMENTS 2004 - Subsec. (e)(20). Pub. L. 108-458 added par. (20). EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108-458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 401 of Title 50, War and National Defense. Amendment by Pub. L. 108-458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108-458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 401 of Title 50, War and National Defense. -End- -CITE- 40 USC SUBCHAPTER III - ADMINISTRATIVE AND GENERAL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -End- -CITE- 40 USC Sec. 121 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- Sec. 121. Administrative -STATUTE- (a) Policies Prescribed by the President. - The President may prescribe policies and directives that the President considers necessary to carry out this subtitle. The policies must be consistent with this subtitle. (b) Accounting Principles and Standards. - (1) Prescription. - The Comptroller General, after considering the needs and requirements of executive agencies, shall prescribe principles and standards of accounting for property. (2) Property accounting systems. - The Comptroller General shall cooperate with the Administrator of General Services and with executive agencies in the development of property accounting systems and approve the systems when they are adequate and in conformity with prescribed principles and standards. (3) Compliance review. - From time to time the Comptroller General shall examine the property accounting systems established by executive agencies to determine the extent of compliance with prescribed principles and standards and approved systems. The Comptroller General shall report to Congress any failure to comply with the principles and standards or to adequately account for property. (c) Regulations by Administrator. - (1) General authority. - The Administrator may prescribe regulations to carry out this subtitle. (2) Required regulations and orders. - The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator's functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations. (d) Delegation of Authority by Administrator. - (1) In general. - Except as provided in paragraph (2), the Administrator may delegate authority conferred on the Administrator by this subtitle to an official in the General Services Administration or to the head of another federal agency. The Administrator may authorize successive redelegation of authority conferred by this subtitle. (2) Exceptions. - The Administrator may not delegate - (A) the authority to prescribe regulations on matters of policy applying to executive agencies; (B) the authority to transfer functions and related allocated amounts from one component of the Administration to another under paragraphs (1)(C) and (2)(A) of subsection (e); or (C) other authority for which delegation is prohibited by this subtitle. (3) Retention and use of rental payments. - A department or agency to which the Administrator has delegated authority to operate, maintain or repair a building or facility under this subsection shall retain the portion of the rental payment that the Administrator determines is available to operate, maintain or repair the building or facility. The department or agency shall directly expend the retained amounts to operate, maintain, or repair the building or facility. Any amounts retained under this paragraph shall remain available until expended for these purposes. (e) Assignment of Functions by Administrator. - (1) In general. - The Administrator may provide for the performance of a function assigned under this subtitle by any of the following methods: (A) The Administrator may direct the Administration to perform the function. (B) The Administrator may designate or establish a component of the Administration and direct the component to perform the function. (C) The Administrator may transfer the function from one component of the Administration to another. (D) The Administrator may direct an executive agency to perform the function for itself, with the consent of the agency or by direction of the President. (E) The Administrator may direct one executive agency to perform the function for another executive agency, with the consent of the agencies concerned or by direction of the President. (F) The Administrator may provide for performance of a function by a combination of the methods described in this paragraph. (2) Transfer of resources. - (A) Within administration. - If the Administrator transfers a function from one component of the Administration to another, the Administrator may also provide for the transfer of appropriate allocated amounts from the component that previously carried out the function to the component being directed to carry out the function. A transfer under this subparagraph must be reported to the Director of the Office of Management and Budget. (B) Between agencies. - If the Administrator transfers a function from one executive agency to another (including a transfer to or from the Administration), the Administrator may also provide for the transfer of appropriate personnel, records, property, and allocated amounts from the executive agency that previously carried out the function to the executive agency being directed to carry out the function. A transfer under this subparagraph is subject to approval by the Director. (f) Advisory Committees. - The Administrator may establish advisory committees to provide advice on any function of the Administrator under this subtitle. Members of the advisory committees shall serve without compensation but are entitled to transportation and not more than $25 a day instead of expenses under section 5703 of title 5. (g) Consultation With Federal Agencies. - The Administrator shall advise and consult with interested federal agencies and seek their advice and assistance to accomplish the purposes of this subtitle. (h) Administering Oaths. - In carrying out investigative duties, an officer or employee of the Administration, if authorized by the Administrator, may administer an oath to an individual. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1068.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 121(a), (b) 40:486(a), (b). June 30, 1949, ch. 288, title II, Sec. 205, 63 Stat. 389; Sept. 5, 1950, ch. 849, Sec. 9, 64 Stat. 591; Pub. L. 87-619, Aug. 31, 1962, 76 Stat. 414. 121(c)(1) 40:751(f). June 30, 1949, ch. 288, title I, Sec. 101(f), as added Pub. L. 99-500, Sec. 101(m) [title VIII, Sec. 832], Oct. 18, 1986, 100 Stat. 1783-345; Pub. L. 99-591, Sec. 101(m) [title VIII, Sec. 832], Oct. 30, 1986, 100 Stat. 3341-345. 121(c)(2) 40:486(c). 121(d)(1), 40:486(d). (2) 121(d)(3) 40:486a. Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 611], Sept. 30, 1996, 110 Stat. 3009-355. 121(e)(1) 40:486(e). 40:754 (1st June 30, 1949, ch. 288, sentence). title I, Sec. 106, 63 Stat. 381. 121(e)(2)( 40:754 (last A) sentence). 121(e)(2)( 40:486(f). B) 121(f) 40:486(g). 121(g) 40:486(h). 121(h) 40:486(i). -------------------------------------------------------------------- In subsection (b)(3), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title. In subsection (d)(3), the words "For the fiscal year ending September 30, 1997, and thereafter" are omitted as unnecessary. In subsection (e)(1)(C), the words "transfer the function from one component of the Administration to another" are substituted for "from time to time, to regroup, transfer, and distribute any such functions within the General Services Administration" (in 40:754 (1st sentence)) for clarity and to eliminate unnecessary words. In subsection (e)(2), subparagraph (A) is substituted for 40:754 (last sentence) and subparagraph (B) is substituted for 40:486(f) to use more consistent terminology and to clarify the requirements and applicability of each provision. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in sections 106 (last sentence) and 205(f) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (f), the words "expenses under" are substituted for "subsistence, as authorized by" for consistency in the revised title. The words "section 5703 of title 5" are substituted for "section 5 of the Act of August 2, 1946 (5 U.S.C. 73b-2)" in section 205(g) of the Federal Property and Administrative Services Act of 1949 because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -EXEC- EX. ORD. NO. 12072. FEDERAL SPACE MANAGEMENT Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, provided: By the authority vested in me as President of the United States of America by Section 205(a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], and in order to prescribe appropriate policies and directives, not inconsistent with that Act [now chapters 1 to 11 of this title and title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)] and other applicable provisions of law, for the planning, acquisition, utilization, and management of Federal space facilities, it is hereby ordered as follows: -MISC2- 1-1. SPACE ACQUISITION 1-101. Federal facilities and Federal use of space in urban areas shall serve to strengthen the Nation's cities and to make them attractive places to live and work. Such Federal space shall conserve existing urban resources and encourage the development and redevelopment of cities. 1-102. Procedures for meeting space needs in urban areas shall give serious consideration to the impact a site selection will have on improving the social, economic, environmental, and cultural conditions of the communities in the urban area. 1-103. Except where such selection is otherwise prohibited, the process for meeting Federal space needs in urban areas shall give first consideration to a centralized community business area and adjacent areas of similar character, including other specific areas which may be recommended by local officials. 1-104. The process of meeting Federal space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following criteria: (a) Compatability [sic] of the site with State, regional, or local development, redevelopment, or conservation objectives. (b) Conformity with the activities and programs of other Federal agencies. (c) Impact on economic development and employment opportunities in the urban area, including the utilization of human, natural, cultural, and community resources. (d) Availability of adequate low and moderate income housing for Federal employees and their families on a nondiscriminatory basis. (e) Availability of adequate public transportation and parking and accessibility to the public. 1-105. Procedures for meeting space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following alternatives: (a) Availability of existing Federally controlled facilities. (b) Utilization of buildings of historic, architectural, or cultural significance within the meaning of section 105 of the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2507, 40 U.S.C. 612a) [now 40 U.S.C. 3306]. (c) Acquisition or utilization of existing privately owned facilities. (d) Construction of new facilities. (e) Opportunities for locating cultural, educational, recreational, or commercial activities within the proposed facility. 1-106. Site selection and space assignments shall take into account the management needs for consolidation of agencies or activities in common or adjacent space in order to improve administration and management and effect economies. 1-2. ADMINISTRATOR OF GENERAL SERVICES 1-201. The Administrator of General Services shall develop programs to implement the policies of this Order through the efficient acquisition and utilization of Federally owned and leased space. In particular, the Administrator shall: (a) Select, acquire, and manage Federal space in a manner which will foster the policies and programs of the Federal government and improve the management and administration of government activities. (b) Issue regulations, standards, and criteria for the selection, acquisition, and management of Federally owned and leased space. (c) Periodically undertake surveys of space requirements and space utilization in the executive agencies. (d) Ensure, in cooperation with the heads of Executive agencies, that their essential space requirements are met in a manner that is economically feasible and prudent. (e) Make maximum use of existing Federally controlled facilities which, in his judgment, are adequate or economically adaptable to meeting the space needs of executive agencies. (f) Annually submit long-range plans and programs for the acquisition, modernization, and use of space for approval by the President. 1-202. The Administrator is authorized to request from any Executive agency such information and assistance deemed necessary to carry out his functions under this Order. Each agency shall, to the extent not prohibited by law, furnish such information and assistance to the Administrator. 1-203. In the process of meeting Federal space needs in urban areas and implementing the policies of this Order, the Administrator shall: (a) Consider the efficient performance of the missions and programs of the agencies, the nature and function of the facilities involved, the convenience of the public served, and the maintenance and improvement of safe and healthful working conditions for employees. (b) Coordinate proposed programs and plans for facilities and space with the Director of the Office of Management and Budget. (c) Consult with appropriate Federal, State, regional, and local government officials and consider their recommendations for and objections to a proposed selection site or space acquisition. (d) Coordinate proposed programs and plans for facilities and space in a manner designed to implement the purposes of this Order. (e) Prior to making a final determination concerning the location of Federal facilities, notify the concerned Executive agency of an intended course of action and take into account any additional information provided. 1-204. In ascertaining the social, economic, environmental and other impacts which site selection would have on a community, the Administrator shall, when appropriate, obtain the advice of interested agencies. 1-3. GENERAL PROVISIONS 1-301. The heads of Executive agencies shall cooperate with the Administrator in implementing the policies of this Order and shall economize on their use of space. They shall ensure that the Administrator is given early notice of new or changing missions or organizational realignments which affect space requirements. 1-302. Executive agencies which acquire or utilize Federally owned or leased space under authority other than the Federal Property and Administrative Services Act of 1949, as amended [now chapters 1 to 11 of this title and title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], shall conform to the provisions of this Order to the extent they have the authority to do so. 1-303. Executive Order No. 11512 of February 27, 1970, is revoked. Jimmy Carter. -EXEC- EXECUTIVE ORDER NO. 12512 Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, which related to Federal real property management, was revoked by Ex. Ord. No. 13327, Sec. 8, Feb. 4, 2004, 69 F.R. 5897, set out below. EX. ORD. NO. 12954. ENSURING THE ECONOMICAL AND EFFICIENT ADMINISTRATION AND COMPLETION OF FEDERAL GOVERNMENT CONTRACTS Ex. Ord. No. 12954, Mar. 8, 1995, 60 F.R. 13023, provided: Efficient economic performance and productivity are directly related to the existence of cooperative working relationships between employers and employees. When Federal contractors become involved in prolonged labor disputes with their employees, the Federal Government's economy, efficiency, and cost of operations are adversely affected. In order to operate as effectively as possible, by receiving timely goods and quality services, the Federal Government must assist the entities with which it has contractual relations to develop stable relationships with their employees. An important aspect of a stable collective bargaining relationship is the balance between allowing businesses to operate during a strike and preserving worker rights. This balance is disrupted when permanent replacement employees are hired. It has been found that strikes involving permanent replacement workers are longer in duration than other strikes. In addition, the use of permanent replacements can change a limited dispute into a broader, more contentious struggle, thereby exacerbating the problems that initially led to the strike. By permanently replacing its workers, an employer loses the accumulated knowledge, experience, skill, and expertise of its incumbent employees. These circumstances then adversely affect the businesses and entities, such as the Federal Government, which rely on that employer to provide high quality and reliable goods or services. NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 486(a) [now 40 U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby ordered as follows: Section 1. It is the policy of the executive branch in procuring goods and services that, to ensure the economical and efficient administration and completion of Federal Government contracts, contracting agencies shall not contract with employers that permanently replace lawfully striking employees. All discretion under this Executive order shall be exercised consistent with this policy. Sec. 2. (a) The Secretary of Labor ("Secretary") may investigate an organizational unit of a Federal contractor to determine whether the unit has permanently replaced lawfully striking workers. Such investigation shall be conducted in accordance with procedures established by the Secretary. (b) The Secretary shall receive and may investigate complaints by employees of any entity covered under section 2(a) of this order where such complaints allege lawfully striking employees have been permanently replaced. (c) The Secretary may hold such hearings, public or private, as he or she deems advisable, to determine whether an entity covered under section 2(a) has permanently replaced lawfully striking employees. Sec. 3. (a) When the Secretary determines that a contractor has permanently replaced lawfully striking employees, the Secretary may make a finding that it is appropriate to terminate the contract for convenience. The Secretary shall transmit that finding to the head of any department or agency that contracts with the contractor. (b) The head of the contracting department or agency may object to the termination for convenience of a contract or contracts of a contractor determined to have permanently replaced legally striking employees. If the head of the agency so objects, he or she shall set forth the reasons for not terminating the contract or contracts in a response in writing to the Secretary. In such case, the termination for convenience shall not be issued. The head of the contracting agency or department shall report to the Secretary those contracts that have been terminated for convenience under this section. Sec. 4. (a) When the Secretary determines that a contractor has permanently replaced lawfully striking employees, the Secretary may debar the contractor, thereby making the contractor ineligible to receive government contracts. The Secretary shall notify the Administrator of the General Services Administration of the debarment, and the Administrator shall include the contractor on the consolidated list of debarred contractors. Departments and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors unless the head of the agency or his or her designee determines, in writing, that there is a compelling reason for such action, in accordance with the Federal Acquisition Regulation. (b) The scope of the debarment normally will be limited to those organizational units of a Federal contractor that the Secretary finds to have permanently replaced lawfully striking workers. (c) The period of the debarment may not extend beyond the date when the labor dispute precipitating the permanent replacement of lawfully striking workers has been resolved, as determined by the Secretary. Sec. 5. The Secretary shall publish or cause to be published, in the Federal Register, the names of contractors that have, in the judgement of the Secretary, permanently replaced lawfully striking employees and have been the subject of debarment. Sec. 6. The Secretary shall be responsible for the administration and enforcement of this order. The Secretary, after consultation with the Secretary of Defense, the Administrator of the General Services, the Administrator of the National Aeronautics and Space Administration, and the Administrator of the Office of Federal Procurement Policy, may adopt such rules and regulations and issue such orders as may be deemed necessary and appropriate to achieve the purposes of this order. Sec. 7. Each contracting department and agency shall cooperate with the Secretary and provide such information and assistance as the Secretary may require in the performance of the Secretary's functions under this order. Sec. 8. The Secretary may delegate any function or duty of the Secretary under this order to any officer in the Department of Labor or to any other officer in the executive branch of the Government, with the consent of the head of the department or agency in which that officer serves. Sec. 9. The Secretary of Defense, the Administrator of the General Services, and the Administrator of the National Aeronautics and Space Administration, after consultation with the Administrator of the Office of Federal Procurement Policy, shall take whatever action is appropriate to implement the provisions of this order and of any related rules, regulations, or orders of the Secretary issued pursuant to this order. Sec. 10. This order is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employees. This order is not intended, however, to preclude judicial review of final agency decisions in accordance with the Administrative Procedure Act, 5 U.S.C. 701 et seq. Sec. 11. The meaning of the term "organizational unit of a Federal contractor" as used in this order shall be defined in regulations that shall be issued by the Secretary of Labor, in consultation with affected agencies. This order shall apply only to contracts in excess of the Simplified Acquisition Threshold. Sec. 12. (a) The provisions of section 3 of this order shall only apply to situations in which contractors have permanently replaced lawfully striking employees after the effective date of this order. (b) This order is effective immediately. William J. Clinton. EX. ORD. NO. 12977. INTERAGENCY SECURITY COMMITTEE Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by Ex. Ord. No. 13286, Sec. 23, Feb. 28, 2003, 68 F.R. 10624, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the quality and effectiveness of security in and protection of buildings and facilities in the United States occupied by Federal employees for nonmilitary activities ("Federal facilities"), and to provide a permanent body to address continuing government-wide security for Federal facilities, it is hereby ordered as follows: Section 1. Establishment. There is hereby established within the executive branch the Interagency Security Committee ("Committee"). The Committee shall consist of: (a) the Secretary of Homeland Security ("Secretary"); (b) representatives from the following agencies, appointed by the agency heads: (1) Department of State; (2) Department of the Treasury; (3) Department of Defense; (4) Department of Justice; (5) Department of the Interior; (6) Department of Agriculture; (7) Department of Commerce; (8) Department of Labor; (9) Department of Health and Human Services; (10) Department of Housing and Urban Development; (11) Department of Transportation; (12) Department of Energy; (13) Department of Education; (14) Department of Veterans Affairs; (15) Environmental Protection Agency; (16) Central Intelligence Agency; (17) Office of Management and Budget; and (18) General Services Administration; (c) the following individuals or their designees: (1) the Director, United States Marshals Service; (2) the Assistant to the President for National Security Affairs; and (3) the Director, Security Policy Board; and (d) such other Federal employees as the President shall appoint. Sec. 2. Chair. The Committee shall be chaired by the Secretary, or the designee of the Secretary. Sec. 3. Working Groups. The Committee is authorized to establish interagency working groups to perform such tasks as may be directed by the Committee. Sec. 4. Consultation. The Committee may consult with other parties, including the Administrative Office of the United States Courts, to perform its responsibilities under this order, and, at the discretion of the Committee, such other parties may participate in the working groups. Sec. 5. Duties and Responsibilities. (a) The Committee shall: (1) establish policies for security in and protection of Federal facilities; (2) develop and evaluate security standards for Federal facilities, develop a strategy for ensuring compliance with such standards, and oversee the implementation of appropriate security measures in Federal facilities; and (3) take such actions as may be necessary to enhance the quality and effectiveness of security and protection of Federal facilities, including but not limited to: (A) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner; (B) assessing technology and information systems as a means of providing cost-effective improvements to security in Federal facilities; (C) developing long-term construction standards for those locations with threat levels or missions that require blast resistant structures or other specialized security requirements; (D) evaluating standards for the location of, and special security related to, day care centers in Federal facilities; and (E) assisting the Secretary in developing and maintaining a centralized security data base of all Federal facilities. Sec. 6. Agency Support and Cooperation. (a) Administrative Support. To the extent permitted by law and subject to the availability of appropriations, the Secretary, acting by and through the Assistant Commissioner, shall provide the Committee such administrative services, funds, facilities, staff and other support services as may be necessary for the performance of its functions under this order. (b) Cooperation. Each executive agency and department shall cooperate and comply with the policies and recommendations of the Committee issued pursuant to this order, except where the Director of Central Intelligence determines that compliance would jeopardize intelligence sources and methods. To the extent permitted by law and subject to the availability of appropriations, executive agencies and departments shall provide such support as may be necessary to enable the Committee to perform its duties and responsibilities under this order. (c) Compliance. The Secretary shall be responsible for monitoring Federal agency compliance with the policies and recommendations of the Committee. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the Federal Government, and is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employees. EX. ORD. NO. 13327. FEDERAL REAL PROPERTY ASSET MANAGEMENT Ex. Ord. No. 13327, Feb. 4, 2004, 69 F.R. 5897, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 121(a) of title 40, United States Code, and in order to promote the efficient and economical use of Federal real property resources in accordance with their value as national assets and in the best interests of the Nation, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to promote the efficient and economical use of America's real property assets and to assure management accountability for implementing Federal real property management reforms. Based on this policy, executive branch departments and agencies shall recognize the importance of real property resources through increased management attention, the establishment of clear goals and objectives, improved policies and levels of accountability, and other appropriate action. Sec. 2. Definition and Scope. (a) For the purpose of this executive order, Federal real property is defined as any real property owned, leased, or otherwise managed by the Federal Government, both within and outside the United States, and improvements on Federal lands. For the purpose of this order, Federal real property shall exclude: interests in real property assets that have been disposed of for public benefit purposes pursuant to section 484 of title 40, United States Code [now 40 U.S.C. 541-555], and are now held in private ownership; land easements or rights-of-way held by the Federal Government; public domain land (including lands withdrawn for military purposes) or land reserved or dedicated for national forest, national park, or national wildlife refuge purposes except for improvements on those lands; land held in trust or restricted fee status for individual Indians or Indian tribes; and land and interests in land that are withheld from the scope of this order by agency heads for reasons of national security, foreign policy, or public safety. (b) This order shall not be interpreted to supersede any existing authority under law or by executive order for real property asset management, with the exception of the revocation of Executive Order 12512 of April 29, 1985 [formerly set out as a note above], in section 8 of this order. Sec. 3. Establishment and Responsibilities of Agency Senior Real Property Officer. (a) The heads of all executive branch departments and agencies cited in sections 901(b)(1) and (b)(2) of title 31, United States Code, and the Secretary of Homeland Security, shall designate among their senior management officials, a Senior Real Property Officer. Such officer shall have the education, training, and experience required to administer the necessary functions of the position for the particular agency. (b) The Senior Real Property Officer shall develop and implement an agency asset management planning process that meets the form, content, and other requirements established by the Federal Real Property Council established in section 4 of this order. The initial agency asset management plan will be submitted to the Office of Management and Budget on a date determined by the Director of the Office of Management and Budget. In developing this plan, the Senior Real Property Officer shall: (i) identify and categorize all real property owned, leased, or otherwise managed by the agency, including, where applicable, those properties outside the United States in which the lease agreements and arrangements reflect the host country currency or involve alternative lease plans or rental agreements; (ii) prioritize actions to be taken to improve the operational and financial management of the agency's real property inventory; (iii) make life-cycle cost estimations associated with the prioritized actions; (iv) identify legislative authorities that are required to address these priorities; (v) identify and pursue goals, with appropriate deadlines, consistent with and supportive of the agency's asset management plan and measure progress against such goals; (vi) incorporate planning and management requirements for historic property under Executive Order 13287 of March 3, 2003 [16 U.S.C. 470h-2 note], and for environmental management under Executive Order 13148 of April 21, 2000 [42 U.S.C. 4321 note]; and (vii) identify any other information and pursue any other actions necessary to the appropriate development and implementation of the agency asset management plan. (c) The Senior Real Property Officer shall be responsible, on an ongoing basis, for monitoring the real property assets of the agency so that agency assets are managed in a manner that is: (i) consistent with, and supportive of, the goals and objectives set forth in the agency's overall strategic plan under section 306 of title 5, United States Code; (ii) consistent with the real property asset management principles developed by the Federal Real Property Council established in section 4 of this order; and (iii) reflected in the agency asset management plan. (d) The Senior Real Property Officer shall, on an annual basis, provide to the Director of the Office of Management and Budget and the Administrator of General Services: (i) information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information; and (ii) any other relevant information the Director of the Office of Management and Budget or the Administrator of General Services may request for inclusion in the Government-wide listing of all Federal real property assets and leased property. (e) The designation of the Senior Real Property Officer shall be made by agencies within 30 days after the date of this order. Sec. 4. Establishment of a Federal Real Property Council. (a) A Federal Real Property Council (Council) is established, within the Office of Management and Budget for administrative purposes, to develop guidance for, and facilitate the success of, each agency's asset management plan. The Council shall be composed exclusively of all agency Senior Real Property Officers, the Controller of the Office of Management and Budget, the Administrator of General Services, and any other full-time or permanent part-time Federal officials or employees as deemed necessary by the Chairman of the Council. The Deputy Director for Management of the Office of Management and Budget shall also be a member and shall chair the Council. The Office of Management and Budget shall provide funding and administrative support for the Council, as appropriate. (b) The Council shall provide a venue for assisting the Senior Real Property Officers in the development and implementation of the agency asset management plans. The Council shall work with the Administrator of General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures shall include, but are not limited to, evaluating the costs and benefits involved with acquiring, repairing, maintaining, operating, managing, and disposing of Federal real properties at particular agencies. Specifically, the Council shall consider, as appropriate, the following performance measures: (i) life-cycle cost estimations associated with the agency's prioritized actions; (ii) the costs relating to the acquisition of real property assets by purchase, condemnation, exchange, lease, or otherwise; (iii) the cost and time required to dispose of Federal real property assets and the financial recovery of the Federal investment resulting from the disposal; (iv) the operating, maintenance, and security costs at Federal properties, including but not limited to the costs of utility services at unoccupied properties; (v) the environmental costs associated with ownership of property, including the costs of environmental restoration and compliance activities; (vi) changes in the amounts of vacant Federal space; (vii) the realization of equity value in Federal real property assets; (viii) opportunities for cooperative arrangements with the commercial real estate community; and (ix) the enhancement of Federal agency productivity through an improved working environment. The performance measures shall be designed to enable the heads of executive branch agencies to track progress in the achievement of Government-wide property management objectives, as well as allow for comparing the performance of executive branch agencies against industry and other public sector agencies. (c) The Council shall serve as a clearinghouse for executive agencies for best practices in evaluating actual progress in the implementation of real property enhancements. The Council shall also work in conjunction with the President's Management Council to assist the efforts of the Senior Real Property Officials and the implementation of agency asset management plans. (d) The Council shall be organized and hold its first meeting within 60 days of the date of this order. The Council shall hold meetings not less often than once a quarter each fiscal year. Sec. 5. Role of the General Services Administration. (a) The Administrator of General Services shall, to the extent permitted by law and in consultation with the Federal Real Property Council, provide policy oversight and guidance for executive agencies for Federal real property management; manage selected properties for an agency at the request of that agency and with the consent of the Administrator; delegate operational responsibilities to an agency where the Administrator determines it will promote efficiency and economy, and where the receiving agency has demonstrated the ability and willingness to assume such responsibilities; and provide necessary leadership in the development and maintenance of needed property management information systems. (b) The Administrator of General Services shall publish common performance measures and standards adopted by the Council. (c) The Administrator of General Services, in consultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive branch agencies, except when otherwise required for reasons of national security. The Administrator shall collect from each executive branch agency such descriptive information, except for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Government. (d) The Administrator of General Services, in consultation with the Federal Real Property Council, may establish data and other information technology (IT) standards for use by Federal agencies in developing or upgrading Federal agency real property information systems in order to facilitate reporting on a uniform basis. Those agencies with particular IT standards and systems in place and in use shall be allowed to continue with such use to the extent that they are compatible with the standards issued by the Administrator. Sec. 6. General Provisions. (a) The Director of the Office of Management and Budget shall review, through the management and budget review processes, the efforts of departments and agencies in implementing their asset management plans and achieving the Government-wide property management policies established pursuant to this order. (b) The Office of Management and Budget and the General Services Administration shall, in consultation with the landholding agencies, develop legislative initiatives that seek to improve Federal real property management through the adoption of appropriate industry management techniques and the establishment of managerial accountability for implementing effective and efficient real property management practices. (c) Nothing in this order shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, or legislative proposals. (d) Nothing in this order shall be construed to affect real property for the use of the President, Vice President, or, for protective purposes, the United States Secret Service. Sec. 7. Public Lands. In order to ensure that Federally owned lands, other than the real property covered by this order, are managed in the most effective and economic manner, the Departments of Agriculture and the Interior shall take such steps as are appropriate to improve their management of public lands and National Forest System lands and shall develop appropriate legislative proposals necessary to facilitate that result. Sec. 8. Executive Order 12512 of April 29, 1985, is hereby revoked. Sec. 9. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. George W. Bush. -End- -CITE- 40 USC Sec. 122 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- Sec. 122. Prohibition on sex discrimination -STATUTE- (a) Prohibition. - With respect to a program or activity carried on or receiving federal assistance under this subtitle, an individual may not be excluded from participation, denied benefits, or otherwise discriminated against based on sex. (b) Enforcement. - Subsection (a) shall be enforced through agency provisions and rules similar to those already established with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and does not prejudice or remove any other legal remedies available to an individual alleging discrimination. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 122 40:476. June 30, 1949, ch. 288, title VI, Sec. 606, as added Pub. L. 94-519, Sec. 8, Oct. 17, 1976, 90 Stat. 2456. -------------------------------------------------------------------- -REFTEXT- REFERENCES IN TEXT The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. -End- -CITE- 40 USC Sec. 123 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- Sec. 123. Civil remedies for fraud -STATUTE- (a) In General. - In connection with the procurement, transfer or disposition of property under this subtitle, a person that uses or causes to be used, or enters into an agreement, combination, or conspiracy to use or cause to be used, a fraudulent trick, scheme, or device for the purpose of obtaining or aiding to obtain, for any person, money, property, or other benefit from the Federal Government - (1) shall pay to the Government an amount equal to the sum of - (A) $2,000 for each act; (B) two times the amount of damages sustained by the Government because of each act; and (C) the cost of suit; (2) if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or (3) if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government. (b) Additional Remedies and Criminal Penalties. - The civil remedies provided in this section are in addition to all other civil remedies and criminal penalties provided by law. (c) Immunity of Government Officials. - An officer or employee of the Government is not liable (except for an individual's own fraud) or accountable for collection of a purchase price that is determined to be uncollectible by the federal agency responsible for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this subtitle. (d) Jurisdiction and Venue. - (1) Definition. - In this subsection, the term "district court" means a district court of the United States or a district court of a territory or possession of the United States. (2) In general. - A district court has original jurisdiction of an action arising under this section, and venue is proper, if at least one defendant resides or may be found in the court's judicial district. Jurisdiction and venue are determined without regard to the place where acts were committed. (3) Additional defendant outside judicial district. - A defendant that does not reside and may not be found in the court's judicial district may be brought in by order of the court, to be served personally, by publication, or in another reasonable manner directed by the court. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 123(a) 40:489(b). June 30, 1949, ch. 288, title II, Sec. 209, 63 Stat. 392. 123(b) 40:489(d). 123(c) 40:489(a). 123(d) 40:489(c). -------------------------------------------------------------------- In subsection (a), before clause (1), the words "under this subtitle" are substituted for "hereunder" because "hereunder" probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words "or engage in", "or engaged in", "securing or", and "secure or" are omitted as unnecessary. The word "money" is substituted for "payment" for consistency in the section. In subsection (a)(1)(B), the words "because of each act" are substituted for "by reason thereof" for clarity. In subsection (a)(2), the words "or any Federal agency" and "or any Federal agency, as the case may be" are omitted as unnecessary. In subsection (a)(3), the words "fraudulently obtained" are substituted for "thus secured and obtained" for clarity and to eliminate unnecessary words. In subsection (d)(1), the word "several" is omitted as unnecessary. The words "the District Court of the United States for the District of Columbia" in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in "a district court of the United States" because of sections 88 and 132(a) of title 28. Subsection (d)(2) is substituted for "[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b). In subsection (d)(3), the words "A defendant that does not reside and may not be found in the court's judicial district" are substituted for "and such person or persons as are not inhabitants of or found within the district in which suit is brought" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b). -End- -CITE- 40 USC Sec. 124 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- Sec. 124. Agency use of amounts for property management -STATUTE- Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 124 40:475(b). June 30, 1949, ch. 288, title VI, Sec. 603(b), formerly Sec. 503(b), 63 Stat. 403; renumbered [Sec.] 603(b), Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. -------------------------------------------------------------------- The words "heretofore or hereafter" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 603(b) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. -End- -CITE- 40 USC Sec. 125 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- Sec. 125. Library memberships -STATUTE- Amounts appropriated may be used, when authorized by the Administrator of General Services, for payment in advance for library memberships in societies whose publications are available to members only, or to members at a lower price than that charged to the general public. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 125 40:475(a). June 30, 1949, ch. 288, title VI, Sec. 603(a), formerly Sec. 503(a), 63 Stat. 403; renumbered [Sec.] 603(a), Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, Sec. 7(g), 64 Stat. 590. -------------------------------------------------------------------- The words "such sums as may be necessary to carry out the provisions of this Act" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 126 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 1 - GENERAL SUBCHAPTER III - ADMINISTRATIVE AND GENERAL -HEAD- Sec. 126. Reports to Congress -STATUTE- The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on the administration of this subtitle. The report shall include any recommendation for amendment of this subtitle that the Administrator considers appropriate and shall identify any law that is obsolete because of the enactment or operation of this subtitle. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 126 40:492. June 30, 1949, ch. 288, title II, Sec. 212, formerly Sec. 210, 63 Stat. 393; renumbered Sec. 212, Sept. 5, 1950, ch. 849, Sec. 5(a), 64 Stat. 580. -------------------------------------------------------------------- The words "in January of each year and" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 174 of House Document No. 103-7. -End- -CITE- 40 USC CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION -HEAD- CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION -MISC1- SUBCHAPTER I - GENERAL Sec. 301. Establishment. 302. Administrator and Deputy Administrator. 303. Federal Acquisition Service. 304. Federal information centers. 305. Electronic Government and information technologies. SUBCHAPTER II - ADMINISTRATIVE 311. Personnel. 312. Transfer and use of amounts for major equipment acquisitions. 313. Tests of materials. SUBCHAPTER III - FUNDS 321. Acquisition Services Fund. [322. Repealed.] 323. Consumer Information Center Fund. AMENDMENTS 2006 - Pub. L. 109-313, Secs. 2(a)(2), 3(h)(3), Oct. 6, 2006, 120 Stat. 1734, 1736, substituted "Federal Acquisition Service" for "Functions" in item 303 and "Acquisition Services Fund" for "General Supply Fund" in item 321 and struck out item 322 "Information Technology Fund". 2002 - Pub. L. 107-347, title I, Sec. 102(a)(2), Dec. 17, 2002, 116 Stat. 2910, added item 305. -End- -CITE- 40 USC SUBCHAPTER I - GENERAL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I - GENERAL -HEAD- SUBCHAPTER I - GENERAL -End- -CITE- 40 USC Sec. 301 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I - GENERAL -HEAD- Sec. 301. Establishment -STATUTE- The General Services Administration is an agency in the executive branch of the Federal Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 301 40:751(a). June 30, 1949, ch. 288, title I, Sec. 101(a), 63 Stat. 379. -------------------------------------------------------------------- -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(5), 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC2- REORGANIZATION PLAN NO. 18 OF 1950 EFF. JULY 1, 1950, 15 F.R. 3177, 64 STAT. 1270 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.]. BUILDING AND SPACE MANAGEMENT FUNCTIONS SECTION 1. TRANSFER OF SPACE ASSIGNMENT AND LEASING FUNCTIONS All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to - (a) space in buildings located in any foreign country; (b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, air- field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative; (c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and (d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose: Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings. SEC. 2. TRANSFER OF OFFICE BUILDING MANAGEMENT FUNCTIONS All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post- office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to - (a) any building located in any foreign country; (b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative; (c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and (d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution. [References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15 U.S.C. 271.] SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan. (b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General. (c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan. SEC. 4. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. SEC. 5. EFFECTIVE DATE The provisions of this reorganization plan shall take effect on the 1st day of July 1950. [The Post Office Department has been redesignated the United States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.] MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field. The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services - the administration of Government office buildings and general-purpose building space in the field. Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress. Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space. The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses. This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings. Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post- office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area. In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post- office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues. While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation. The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings. After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies. Harry S Truman. -End- -CITE- 40 USC Sec. 302 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I - GENERAL -HEAD- Sec. 302. Administrator and Deputy Administrator -STATUTE- (a) Administrator. - The Administrator of General Services is the head of the General Services Administration. The Administrator is appointed by the President with the advice and consent of the Senate. The Administrator shall perform functions subject to the direction and control of the President. (b) Deputy Administrator. - The Administrator shall appoint a Deputy Administrator of General Services. The Deputy Administrator shall perform functions designated by the Administrator. The Deputy Administrator is Acting Administrator of General Services during the absence or disability of the Administrator and, unless the President designates another officer of the Federal Government, when the office of Administrator is vacant. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 302 40:751(b), (c). June 30, 1949, ch. 288, title I, Sec. 101(b), (c), 63 Stat. 379. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 303 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I - GENERAL -HEAD- Sec. 303. Federal Acquisition Service -STATUTE- (a) Establishment. - There is established in the General Services Administration a Federal Acquisition Service. The Administrator of General Services shall appoint a Commissioner of the Federal Acquisition Service, who shall be the head of the Federal Acquisition Service. (b) Functions. - Subject to the direction and control of the Administrator of General Services, the Commissioner of the Federal Acquisition Service shall be responsible for carrying out functions related to the uses for which the Acquisition Services Fund is authorized under section 321 of this title, including any functions that were carried out by the entities known as the Federal Supply Service and the Federal Technology Service and such other related functions as the Administrator considers appropriate. (c) Regional Executives. - The Administrator may appoint Regional Executives in the Federal Acquisition Service, to carry out such functions within the Federal Acquisition Service as the Administrator considers appropriate. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072; Pub. L. 109-313, Sec. 2(a)(1), Oct. 6, 2006, 120 Stat. 1734.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 303(a)(1) 40:752(a). June 30, 1949, ch. 288, title I, Sec. 102, 63 Stat. 380; Sept. 5, 1950, ch. 849, Sec. 6(a), 64 Stat. 583. 303(a)(2) 40:752(c). 303(b) 40:753. June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380. -------------------------------------------------------------------- In subsection (a)(1), the text of 40:752(a) (2d, last sentences) is omitted as executed. Subsection (a)(2) is substituted for 40:752(c) to eliminate obsolete language. In subsection (b), the text of 40:753(a) (related to Public Roads) is omitted because the Bureau of Public Roads was transferred to the Department of Commerce under section 1 of Reorganization Plan No. 7 of 1949 (eff. Aug. 20, 1949, 63 Stat. 1070), and subsequently transferred to the Department of Transportation under the Department of Transportation Act (Public Law 89-670, 80 Stat. 931). The text of 40:753(a) (last sentence related to Federal Works Agency transfers) and (b) is omitted as executed. AMENDMENTS 2006 - Pub. L. 109-313 amended section catchline and text generally. Prior to amendment, text read as follows: "(a) Bureau of Federal Supply. - "(1) Transfer of functions. - Subject to paragraph (2), the functions of the Administrator of General Services include functions related to the Bureau of Federal Supply in the Department of the Treasury that, immediately before July 1, 1949, were functions of - "(A) the Bureau; "(B) the Director of the Bureau; "(C) the personnel of the Bureau; or "(D) the Secretary of the Treasury. "(2) Functions not transferred. - The functions of the Administrator of General Services do not include functions retained in the Department of the Treasury under section 102(c) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380). "(b) Federal Works Agency and Commissioner of Public Buildings. - The functions of the Administrator of General Services include functions related to the Federal Works Agency and functions related to the Commissioner of Public Buildings that, immediately before July 1, 1949, were functions of - "(1) the Federal Works Agency; "(2) the Federal Works Administrator; or "(3) the Commissioner of Public Buildings." -CHANGE- CHANGE OF NAME Pub. L. 109-313, Sec. 2(c), Oct. 6, 2006, 120 Stat. 1735, provided that: "Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document - "(1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service; "(2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service; "(3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and "(4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service." -MISC2- EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as a note under section 5316 of Title 5, Government Organization and Employees. -TRANS- EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to the Administrator of General Services, see Parts 1, 2, and 18 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare. -End- -CITE- 40 USC Sec. 304 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I - GENERAL -HEAD- Sec. 304. Federal information centers -STATUTE- The Administrator of General Services may establish within the General Services Administration a nationwide network of federal information centers for the purpose of providing the public with information about the programs and procedures of the Federal Government and for other appropriate and related purposes. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 304 40:760. June 30, 1949, ch. 288, title I, Sec. 112, as added Pub. L. 95-491, Sec. 2(a), Oct. 20, 1978, 92 Stat. 1641. -------------------------------------------------------------------- The text of 40:760(b) is omitted as unnecessary because of section 121(b)(1) of the revised title. The text of 40:760(c) is omitted because the authorization for fiscal year ending September 30, 1980 is obsolete and the authorization for "such sums as may be necessary" for succeeding years is unnecessary. -End- -CITE- 40 USC Sec. 305 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I - GENERAL -HEAD- Sec. 305. Electronic Government and information technologies -STATUTE- The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies. -SOURCE- (Added Pub. L. 107-347, title I, Sec. 102(a)(1), Dec. 17, 2002, 116 Stat. 2910.) -MISC1- EFFECTIVE DATE Section effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107-347, set out as a note under section 3601 of Title 44, Public Printing and Documents. -End- -CITE- 40 USC SUBCHAPTER II - ADMINISTRATIVE 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER II - ADMINISTRATIVE -HEAD- SUBCHAPTER II - ADMINISTRATIVE -End- -CITE- 40 USC Sec. 311 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 311. Personnel -STATUTE- (a) Appointment and Compensation. - The Administrator of General Services, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5, may appoint and fix the compensation of personnel necessary to carry out chapters 1, 3, and 5 of this title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (b) Temporary Employment. - The Administrator may procure the temporary or intermittent services of experts or consultants under section 3109 of title 5 to the extent the Administrator finds necessary to carry out chapters 1, 3, and 5 of this title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (c) Personnel From Other Agencies. - Notwithstanding section 973 of title 10 or any other law, in carrying out functions under this subtitle the Administrator may use the services of personnel (including armed services personnel) from an executive agency other than the General Services Administration with the consent of the head of the agency. (d) Detail of Field Personnel to District of Columbia. - The Administrator, in the Administrator's discretion, may detail field personnel of the Administration to the District of Columbia for temporary duty for a period of not more than 30 days in any one case. Subsistence or similar expenses may not be allowed for an employee on temporary duty in the District of Columbia under this paragraph. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1072.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 311(a)-(c) 40:758. June 30, 1949, ch. 288, title II, Sec. 208, 63 Stat. 391; Sept. 5, 1950, ch. 849, Sec. 7(b), (c), 64 Stat. 590. 311(d) 40:253. June 23, 1913, ch. 3, Sec. 1 (proviso on p. 17), 38 Stat. 17. -------------------------------------------------------------------- In subsections (a) and (b), the words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. Reference to title V of this Act is omitted as obsolete because of the Act of October 22, 1968 (Public Law 90-620, 82 Stat. 1238), the first section of which enacted Title 44, United States Code. The responsibilities of the Administrator of General Services under title V were given to the Archivist of the United States, National Historical Publications and Records Commission, and Advisory Committee on the Records of Congress. In subsection (a), the words "subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "subject to the civil-service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subsection (b), the words "under section 3109 of title 5" are substituted for "(not in excess of one year)" and "or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such service shall be without regard to the civil-service and classification laws, and except in the case of stenographic reporting services by organizations, without regard to section 5 of title 41" for clarity and to eliminate unnecessary words. In subsection (c), the words "section 973 of title 10" are substituted for "section 1222 of the Revised Statutes (10 U. S. C. 576)" in section 208(c) of the Federal Property and Administrative Services Act of 1949 because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640), the first section of which enacted Title 10, United States Code, and section 4(a)(5) and (6) of the Act of January 2, 1968 (Public Law 90-235, 81 Stat. 759). The words "personnel (including armed services personnel) from an executive agency other than the General Services Administration" are substituted for "officials, officers, and other personnel in other executive agencies, including personnel of the armed services" for clarity and to eliminate unnecessary words. In subsection (d), the words "On and after June 23, 1913" are omitted as obsolete. The word "Administrator" is substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)], and the word "Administration" [meaning the General Services Administration] is substituted for "public-buildings service" and "Office of the Supervising Architect" [subsequently changed to "Public Buildings Administration" because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)], because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "such as supervising superintendents, superintendents, junior superintendents, and inspectors of the several classes" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsecs. (a) and (b), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -End- -CITE- 40 USC Sec. 312 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 312. Transfer and use of amounts for major equipment acquisitions -STATUTE- (a) In General. - Subject to subsection (b), unobligated balances of amounts appropriated or otherwise made available to the General Services Administration for operating expenses and salaries and expenses may be transferred and merged into the "Major equipment acquisitions and development activity" of the Salaries and Expenses, General Management and Administration appropriation account for - (1) agency-wide acquisition of capital equipment, automated data processing systems; and (2) financial management and management information systems needed to implement the Chief Financial Officers Act of 1990 (Public Law 101-576, 104 Stat. 2838) and other laws or regulations. (b) Requirements and Availability. - (1) Time for transfer. - Transfer of an amount under this section must be done no later than the end of the fifth fiscal year after the fiscal year for which the amount is appropriated or otherwise made available. (2) Approval for use. - An amount transferred under this section may be used only with the advance approval of the Committees on Appropriations of the House of Representatives and the Senate. (3) Availability. - An amount transferred under this section remains available until expended. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1073.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 312 40:755a. Pub. L. 103-123, title IV, Sec. 5, Oct. 28, 1993, 107 Stat. 1246. -------------------------------------------------------------------- In subsection (a), before clause (1), the words "For fiscal year 1993 and thereafter" and "during such fiscal year" are omitted as unnecessary. In clause (2), the words "Chief Financial Officers Act of 1990" are substituted for "Chief Financial Officers Act" as the probable intent of Congress. In subsection (b)(2), the words "in fiscal year 1993 and thereafter" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Chief Financial Officers Act of 1990, referred to in subsec. (a)(2), is Pub. L. 101-576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables. -End- -CITE- 40 USC Sec. 313 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 313. Tests of materials -STATUTE- (a) Scope. - This section applies to any article or commodity tendered by a producer or vendor for sale or lease to the General Services Administration or to any procurement authority acting under the direction and control of the Administrator of General Services pursuant to this subtitle. (b) Authority To Conduct Tests. - The Administrator, in the Administrator's discretion and with the consent of the producer or vendor, may have tests conducted, in a manner the Administrator specifies, to - (1) determine whether an article or commodity conforms to prescribed specifications and standards; or (2) aid in the development of specifications and standards. (c) Fees. - (1) In general. - The Administrator shall charge the producer or vendor a fee for the tests. (2) Amount of fee if tests predominantly serve interest of producer or vendor. - If the Administrator determines that conducting the tests predominantly serves the interest of the producer or vendor, the Administrator shall fix the fee in an amount that will recover the costs of conducting the tests, including all components of the costs, determined in accordance with accepted accounting principles. (3) Amount of fee if tests do not predominantly serve interest of producer or vendor. - If the Administrator determines that conducting the tests does not predominantly serve the interest of the producer or vendor, the Administrator shall fix the fee in an amount the Administrator determines is reasonable for furnishing the testing service. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1073.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 313(a) 40:756(g) (1st June 30, 1949, ch. 288, sentence words title I, Sec. 109(g) (1st-3d before 1st comma). sentences), as added Sept. 5, 1950, ch. 849, Sec. 3(b), 64 Stat. 579; Pub. L. 86-591, July 5, 1960, 74 Stat. 330. 313(b) 40:756(g) (1st sentence words after 1st comma). 313(c) 40:756(g) (2d, 3d sentences). -------------------------------------------------------------------- In subsection (b), the word "contemplated" is omitted as unnecessary. -End- -CITE- 40 USC SUBCHAPTER III - FUNDS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER III - FUNDS -HEAD- SUBCHAPTER III - FUNDS -End- -CITE- 40 USC Sec. 321 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER III - FUNDS -HEAD- Sec. 321. Acquisition Services Fund -STATUTE- (a) Existence. - The Acquisition Services Fund is a special fund in the Treasury. (b) Composition. - (1) In general. - The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund. (2) Other credits. - The Fund shall be credited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including - (A) the net proceeds of disposal of surplus personal property; and (B) receipts from carriers and others for loss of, or damage to, personal property; and (C) receipts from agencies charged fees pursuant to rates established by the Administrator. (3) Cost and capital requirements. - The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged agencies provided, or to be provided, supply of personal property and non-personal services through the Fund, in accordance with the plan. (4) Deposit of fees. - Fees collected by the Administrator under section 313 of this title may be deposited in the Fund to be used for the purposes of the Fund. (c) Uses. - (1) In general. - The Fund is available for use by or under the direction and control of the Administrator for - (A) procuring, for the use of federal agencies in the proper discharge of their responsibilities - (i) personal property (including the purchase from or through the Public Printer, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents); (ii) nonpersonal services; and (iii) personal services related to the provision of information technology (as defined in section 11101(6) of this title); (B) paying the purchase price, cost of transportation of personal property and services, and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; and (C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration. (2) Other uses. - The Fund may be used for the procurement of personal property and nonpersonal services authorized to be acquired by - (A) mixed-ownership Government corporations; (B) the municipal government of the District of Columbia; or (C) a requisitioning non-federal agency when the function of a federal agency authorized to procure for it is transferred to the Administration. (d) Payment for Property and Services. - (1) In general. - For property or services procured through the Fund for requisitioning agencies, the agencies shall pay prices the Administrator fixes under this subsection. (2) Prices fixed by administrator. - The Administrator shall fix prices at levels sufficient to recover - (A) so far as practicable - (i) the purchase price; (ii) the transportation cost; (iii) inventory losses; (iv) the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; (v) the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and (vi) the cost of amortization and repair of equipment used for lease or rent to executive agencies; and (B) properly allocable costs payable by the Fund under subsection (c)(1)(C). (3) Timing of payments. - (A) Payment in advance. - A requisitioning agency shall pay in advance when the Administrator determines that there is insufficient capital otherwise available in the Fund. Payment in advance may also be made under an agreement between a requisitioning agency and the Administrator. (B) Prompt reimbursement. - If payment is not made in advance, the Administration shall be reimbursed promptly out of amounts of the requisitioning agency in accordance with accounting procedures approved by the Comptroller General. (C) Failure to make prompt reimbursement. - The Administrator may obtain reimbursement by the issuance of transfer and counterwarrants, or other lawful transfer documents, supported by itemized invoices, if payment is not made by a requisitioning agency within 45 days after the later of - (i) the date of billing by the Administrator; or (ii) the date on which actual liability for personal property or services is incurred by the Administrator. (e) Reimbursement for Equipment Purchased for Congress. - The Administrator may accept periodic reimbursement from the Senate and from the House of Representatives for the cost of any equipment purchased for the Senate or the House of Representatives with money from the Fund. The amount of each periodic reimbursement shall be computed by amortizing the total cost of each item of equipment over the useful life of the equipment, as determined by the Administrator, in consultation with the Sergeant at Arms and Doorkeeper of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate. (f) Transfer of Uncommitted Balances. - Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts. (g) Audits. - The Comptroller General shall audit the Fund in accordance with the provisions of chapter 35 of title 31 and report the results of the audits. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1074; Pub. L. 109-313, Sec. 3(d)-(g), (h)(2), Oct. 6, 2006, 120 Stat. 1735, 1736.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 321(a) 40:756(a) (1st June 30, 1949, ch. 288, sentence). title I, Sec. 109(a)-(c), (e), (f), 63 Stat. 382; Sept. 5, 1950, ch. 849, Secs. 1, 2(a), (b), 3(a), 64 Stat. 578, 579; July 12, 1952, ch. 703, Sec. 1(c)-(e), 66 Stat. 593; Pub. L. 87-372, Oct. 4, 1961, 75 Stat. 802; Pub. L. 87-600, Sec. 1(a), (b), (d), Aug. 24, 1962, 76 Stat. 401; Pub. L. 93-604, title VII, Sec. 701, Jan. 2, 1975, 88 Stat. 1963; Pub. L. 94-273, Sec. 2(19), Apr. 21, 1976, 90 Stat. 375; Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 619(a), (b)], Dec. 22, 1987, 101 Stat. 1329-427. 321(b)(1) 40:756(a) (2d sentence). 321(b)(2) 40:756(c). 321(b)(3) 40:756(g) (last June 30, 1949, ch. 288, sentence). title I, Sec. 109(g) (last sentence), as added Sept. 5, 1950, ch. 849, Sec. 3(b), 64 Stat. 579; Pub. L. 86-591, July 5, 1960, 74 Stat. 330. 321(c)(1) 40:756(a) (last sentence). 321(c)(2) 40:756(f). 321(d) 40:756(b). 321(e) 40:756b. Pub. L. 99-500, Sec. 151, Oct. 18, 1986, 100 Stat. 1783-352; Pub. L. 99-591, Sec. 151, Oct. 30, 1986, 100 Stat. 3341-355; Pub. L. 100-202, Sec. 101(i) [title I, Sec. 4], Dec. 22, 1987, 101 Stat. 1329-294; Pub. L. 104-186, title II, Sec. 221(15), Aug. 20, 1996, 110 Stat. 1750. 321(f)(1) 40:756(e)(1). 321(f)(2) 40:756a. Pub. L. 97-12, title I, (proviso in par. under heading "General Supply Fund"), June 5, 1981, 95 Stat. 75. 321(g) 40:756(e)(2). -------------------------------------------------------------------- In subsection (b)(1), the words "the assets of the general supply fund (including any surplus therein) created by section 3 of the Act of February 27, 1929 (45 Stat. 1342; 41 U.S.C. 7c), and transferred to the Administrator by section 752 of this title" and "the fund shall assume all of the liabilities, obligations, and commitments of the general supply fund created by such Act of February 27, 1929" are omitted as executed and obsolete. In subsection (b)(2)(B), the words "Amounts credited under this paragraph" are substituted for "and the same" for clarity. In subsection (c)(2), the words "Subject to the requirements of subsections (a) to (e) of this section" are omitted as unnecessary. In subsection (d)(1), the words "For property or services procured through the Fund for requisitioning agencies" are added for clarity. In subsection (d)(2)(B), the words "with respect to the supplies or services concerned" are omitted as included in "properly allocable costs". In subsection (e), the text of 40:756b(b) and the words "Notwithstanding any other provision of law" are omitted as unnecessary. In subsection (f)(2), the words "on and after June 5, 1981" are omitted as obsolete. AMENDMENTS 2006 - Pub. L. 109-313, Sec. 3(h)(2), substituted "Acquisition Services Fund" for "General Supply Fund" in section catchline. Subsecs. (a), (b). Pub. L. 109-313, Sec. 3(d), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to the existence and composition, respectively, of the General Supply Fund. Subsec. (c)(1)(A)(iii). Pub. L. 109-313, Sec. 3(e), added cl. (iii). Subsec. (d)(2)(A)(v), (vi). Pub. L. 109-313, Sec. 3(f), added cl. (v) and redesignated former cl. (v) as (vi). Subsec. (f). Pub. L. 109-313, Sec. 3(g), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: "(1) Surplus deposited in treasury. - As of September 30 of each year, any surplus in the Fund above the amounts transferred or appropriated to establish and maintain the Fund (all assets, liabilities, and prior losses considered) shall be deposited in the Treasury as miscellaneous receipts. "(2) Surplus retained. - From any surplus generated by operation of the Fund, the Administrator may retain amounts necessary to maintain a sufficient level of inventory of personal property to meet the needs of the federal agencies." EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as a note under section 5316 of Title 5, Government Organization and Employees. ACQUISITION SERVICES FUND Pub. L. 109-313, Sec. 3(a)-(c), Oct. 6, 2006, 120 Stat. 1735, provided that: "(a) Abolishment of General Supply Fund and Information Technology Fund. - The General Supply Fund and the Information Technology Fund in the Treasury are hereby abolished. "(b) Transfers. - Capital assets and balances remaining in the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect [see Effective Date of 2006 Amendment note above] shall be transferred to the Acquisition Services Fund and shall be merged with and be available for the purposes of the Acquisition Services Fund under section 321 of title 40, United States Code (as amended by this Act). "(c) Assumption of Obligations. - Any liabilities, commitments, and obligations of the General Supply Fund and the Information Technology Fund as in existence immediately before this section takes effect shall be assumed by the Acquisition Services Fund." -End- -CITE- 40 USC Sec. 322 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER III - FUNDS -HEAD- Sec. 322. Repealed. -MISC1- [Sec. 322. Repealed. Pub. L. 109-313, Sec. 3(h)(1), Oct. 6, 2006, 120 Stat. 1736]. Section, Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1076, related to an Information Technology Fund in the Treasury. EFFECTIVE DATE OF REPEAL Repeal effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as an Effective Date of 2006 Amendment note under section 5316 of Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 323 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER III - FUNDS -HEAD- Sec. 323. Consumer Information Center Fund -STATUTE- (a) Existence. - There is in the Treasury a Consumer Information Center Fund, General Services Administration, for the purpose of disseminating Federal Government consumer information to the public and for other related purposes. (b) Deposits. - Money shall be deposited into the Fund from - (1) appropriations from the Treasury for Consumer Information Center activities; (2) user fees from the public; (3) reimbursements from other federal agencies for costs of distributing publications; and (4) any other income incident to Center activities. (c) Expenditures. - Money deposited into the Fund is available for expenditure for Center activities in amounts specified in appropriation laws. The Fund shall assume all liabilities, obligations, and commitments of the Center account. (d) Unobligated Balances. - Any unobligated balances at the end of a fiscal year remain in the Fund and are available for authorization in appropriation laws for subsequent fiscal years. (e) Gift Account. - The Center may accept and deposit to this account gifts for purposes of defraying the costs of printing, publishing, and distributing consumer information and educational materials and undertaking other consumer information activities. In addition to amounts appropriated or otherwise made available, the Center may expend the gifts for these purposes and any balance remains available for expenditure. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1077.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 323(a)-(d) 40:761. Pub. L. 98-63, title I, Sec. 101 (1st-9th sentences in par. under heading "Consumer Information Center Fund"), July 30, 1983, 97 Stat. 321. 323(e) 40:761a. Pub. L. 105-65, title III, (last proviso in par. under heading "Consumer Information Center Fund"), Oct. 27, 1997, 111 Stat. 1377. -------------------------------------------------------------------- In this section, the text of 40:761 (6th-last sentences) is omitted as obsolete. In subsection (a), the words "Notwithstanding any other provision of law" are omitted as unnecessary. In subsection (b), the words "for fiscal year 1983 and subsequent fiscal years" are omitted as obsolete and unnecessary. In subsection (e), the words "Notwithstanding any other provision of law" and "during fiscal year 1998 and hereafter" are omitted as unnecessary. -End- -CITE- 40 USC CHAPTER 5 - PROPERTY MANAGEMENT 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT -HEAD- CHAPTER 5 - PROPERTY MANAGEMENT -MISC1- SUBCHAPTER I - PROCUREMENT AND WAREHOUSING Sec. 501. Services for executive agencies. 502. Services for other entities. 503. Exchange or sale of similar items. 504. Agency cooperation for inspection. 505. Exchange or transfer of medical supplies. 506. Inventory controls and systems. SUBCHAPTER II - USE OF PROPERTY 521. Policies and methods. 522. Reimbursement for transfer of excess property. 523. Excess real property located on Indian reservations. 524. Duties of executive agencies. 525. Excess personal property for federal agency grantees. 526. Temporary assignment of excess real property. 527. Abandonment, destruction, or donation of property. 528. Utilization of excess furniture. 529. Annual executive agency reports on excess personal property. SUBCHAPTER III - DISPOSING OF PROPERTY 541. Supervision and direction. 542. Care and handling. 543. Method of disposition. 544. Validity of transfer instruments. 545. Procedure for disposal. 546. Contractor inventories. 547. Agricultural commodities, foods, and cotton or woolen goods. 548. Surplus vessels. 549. Donation of personal property through state agencies. 550. Disposal of real property for certain purposes. 551. Donations to American Red Cross. 552. Abandoned or unclaimed property on Government premises. 553. Property for correctional facility, law enforcement, and emergency management response purposes. 554. Property for development or operation of a port facility. 555. Donation of law enforcement canines to handlers. 556. Disposal of dredge vessels. 557. Donation of books to Free Public Library. 558. Donation of forfeited vessels. 559. Advice of Attorney General with respect to antitrust law. SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER 571. General rules for deposit and use of proceeds. 572. Real property. 573. Personal property. 574. Other rules regarding proceeds. SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES 581. General authority of Administrator of General Services. 582. Management of buildings by Administrator of General Services. 583. Construction of buildings. 584. Assignment and reassignment of space. 585. Lease agreements. 586. Charges for space and services. 587. Telecommuting and other alternative workplace arrangements. 588. Movement and supply of office furniture. 589. Installation, repair, and replacement of sidewalks. 590. Child care. 591. Purchase of electricity. 592. Federal Buildings Fund. 593. Protection for veterans preference employees. SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS 601. Purposes. 602. Authority to establish motor vehicle pools and transportation systems. 603. Process for establishing motor vehicle pools and transportation systems. 604. Treatment of assets taken over to establish motor vehicle pools and transportation systems. 605. Payment of costs. 606. Regulations related to operation. 607. Records. 608. Scrip, tokens, tickets. 609. Identification of vehicles. 610. Discontinuance of motor vehicle pool or system. 611. Duty to report violations. -End- -CITE- 40 USC SUBCHAPTER I - PROCUREMENT AND WAREHOUSING 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -End- -CITE- 40 USC Sec. 501 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 501. Services for executive agencies -STATUTE- (a) Authority of Administrator of General Services. - (1) In general. - The Administrator of General Services shall take action under this subchapter for an executive agency - (A) to the extent that the Administrator of General Services determines that the action is advantageous to the Federal Government in terms of economy, efficiency, or service; and (B) with due regard to the program activities of the agency. (2) Exemption for defense. - The Secretary of Defense may exempt the Department of Defense from an action taken by the Administrator of General Services under this subchapter, unless the President directs otherwise, whenever the Secretary determines that an exemption is in the best interests of national security. (b) Procurement and Supply. - (1) Functions. - (A) In general. - The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting. (B) Public utility contracts. - A contract for public utility services may be made for a period of not more than 10 years. (2) Policies and methods. - (A) In general. - The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and related functions. (B) Controlling regulation. - Policies and methods prescribed by the Administrator of General Services under this paragraph are subject to regulations prescribed by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (c) Representation. - For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies - (1) in negotiations with carriers and other public utilities; and (2) in proceedings involving carriers or other public utilities before federal and state regulatory bodies. (d) Facilities. - The Administrator of General Services shall operate, for executive agencies, warehouses, supply centers, repair shops, fuel yards, and other similar facilities. After consultation with the executive agencies affected, the Administrator of General Services shall consolidate, take over, or arrange for executive agencies to operate the facilities. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1079.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 501(a) 40:481(a) (words June 30, 1949, ch. 288, before cl. (1), title II, Sec. 201(a), 63 last proviso). Stat. 383; Pub. L. 93-400, Sec. 15(1), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. 501(b) 40:481(a)(1), (3). 501(c) 40:481(a)(4). 501(d) 40:481(a)(2). -------------------------------------------------------------------- In subsection (a)(2), the words "from time to time" are omitted as unnecessary. The words "Department of Defense" are substituted for "National Military Establishment" in section 201(a) (last proviso) of the Federal Property and Administrative Services Act of 1949, because the Department of Defense was deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591). The words "or which may be taken" are omitted as unnecessary. In subsection (b)(2)(B), the words "subject to regulations" are substituted for "subject to regulations and regulations" in section 201(a)(1) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97 Stat. 1331). -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (b)(2)(B), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -End- -CITE- 40 USC Sec. 502 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 502. Services for other entities -STATUTE- (a) Federal Agencies, Mixed-Ownership Government Corporations, and the District of Columbia. - On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in section 501 of this title to - (1) a federal agency; (2) a mixed-ownership Government corporation (as defined in section 9101 of title 31); or (3) the District of Columbia. (b) Qualified Nonprofit Agencies. - (1) In general. - On request, the Administrator may provide, to the extent practicable, any of the services specified in section 501 of this title to an agency that is - (A)(i) a qualified nonprofit agency for the blind (as defined in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(3))); or (ii) a qualified nonprofit agency for other severely handicapped (as defined in section 5(4) of the Javits-Wagner- O'Day Act (41 U.S.C. 48b(4))); and (B) providing a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.). (2) Use of services. - A nonprofit agency receiving services under this subsection shall use the services directly in making or providing to the Government a commodity or service that has been determined by the Committee for Purchase From People Who Are Blind or Severely Disabled under section 2 of the Javits-Wagner- O'Day Act (41 U.S.C. 47) to be suitable for procurement by the Government. (c) Use of Certain Supply Schedules. - (1) In general. - The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70). (2) Voluntary use. - In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule. (3) Definitions. - In this subsection: (A) The term "State or local government" includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education). (B) The term "tribal government" means - (i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and (ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (C) The term "local educational agency" has the meaning given that term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713). (D) The term "institution of higher education" has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (d) Use of Supply Schedules for Certain Goods and Services. - (1) In general. - The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. (2) Determination by secretary of homeland security. - The Secretary of Homeland Security shall determine which goods and services qualify as goods and services described in paragraph (1) before the Administrator provides for the use of the Federal supply schedule relating to such goods and services. (3) Voluntary use. - In the case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule. (4) Definitions. - The definitions in subsection (c)(3) shall apply for purposes of this subsection. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107-347, title II, Sec. 211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109- 364, div. A, title VIII, Sec. 833(a), Oct. 17, 2006, 120 Stat. 2332.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 502(a) 40:481(b)(1). June 30, 1949, ch. 288, title II, Sec. 201(b), 63 Stat. 384; Sept. 5, 1950, ch. 849, Sec. 8(b), 64 Stat. 591; Pub. L. 103-355, title I, Sec. 1555, Oct. 13, 1994, 108 Stat. 3300; Pub. L. 105-61, title IV, Sec. 413, Oct. 10, 1997, 111 Stat. 1300. 502(b) 40:481(b)(2). -------------------------------------------------------------------- In subsection (b)(2), the words "the authority of" in 40:481(b)(2)(B) are omitted as unnecessary. The words "Committee for Purchase From People Who Are Blind or Severely Disabled" are substituted for ["]Committee for Purchase from the Blind and Other Severely Handicapped" because of section 911(a) of the Rehabilitation Act Amendments of 1992 (Public Law 102-569, 106 Stat. 4486) and section 301 of the Rehabilitation Act Amendments of 1993 (Public Law 103-73, 107 Stat. 736). -REFTEXT- REFERENCES IN TEXT The Javits-Wagner-O'Day Act, referred to in subsec. (b)(1)(B), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. The Alaska Native Claims Settlement Act, referred to in subsec. (c)(3)(B)(ii), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, which is classified principally to chapter 68 (Sec. 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables. -MISC2- AMENDMENTS 2006 - Subsec. (d). Pub. L. 109-364 added subsec. (d). 2002 - Subsec. (c). Pub. L. 107-347 added subsec. (c). EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107-347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents. PROCEDURES Pub. L. 109-364, div. A, title VIII, Sec. 833(b), Oct. 17, 2006, 120 Stat. 2332, provided that: "Not later than 30 days after the date of the enactment of this Act [Oct. 17, 2006], the Administrator of General Services shall establish procedures to implement subsection (d) of section 502 of title 40, United States Code (as added by subsection (a))." PUBLIC LAND MANAGEMENT AGENCY FOUNDATIONS Pub. L. 108-352, Sec. 9, Oct. 21, 2004, 118 Stat. 1396, provided that: "Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares." -End- -CITE- 40 USC Sec. 503 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 503. Exchange or sale of similar items -STATUTE- (a) Authority of Executive Agencies. - In acquiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property acquired. (b) Applicable Regulation and Law. - (1) Regulations prescribed by administrator of general services. - A transaction under subsection (a) must be carried out in accordance with regulations the Administrator of General Services prescribes, subject to regulations prescribed by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (2) In writing. - A transaction under subsection (a) must be evidenced in writing. (3) Section 3709 of revised statutes. - Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under section 545(d) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 503 40:481(c). June 30, 1949, ch. 288, title II, Sec. 201(c), 63 Stat. 384; Pub. L. 93-400, Sec. 15(2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100-612, Sec. 2, Nov. 5, 1988, 102 Stat. 3180. -------------------------------------------------------------------- In subsection (a), the words "in such cases" are omitted as unnecessary. In subsection (b)(1), the words "subject to regulations" are substituted for "subject to regulations and regulations" in section 201(c) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97 Stat. 1331). In subsection (b)(2), the words "the authority of" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (b)(1), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -End- -CITE- 40 USC Sec. 504 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 504. Agency cooperation for inspection -STATUTE- (a) Receiving Assistance. - An executive agency may use the services, work, materials, and equipment of another executive agency, with the consent of the other executive agency, to inspect personal property incident to procuring the property. (b) Providing Assistance. - Notwithstanding section 1301(a) of title 31 or any other law, an executive agency may provide services, work, materials, and equipment for purposes of this section without reimbursement or transfer of amounts. (c) Policies and Methods. - The use or provision of services, work, materials, and equipment under this section must be in conformity with policies and methods the Administrator of General Services prescribes under section 501 of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 504 40:481(d). June 30, 1949, ch. 288, title II, Sec. 201(d), as added Pub. L. 85-781, Aug. 27, 1958, 72 Stat. 936. -------------------------------------------------------------------- In subsection (b), the words "section 1301(a) of title 31" are substituted for "section 3678 of the Revised Statutes (31 U.S.C. 628)" in section 201(d) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (c), the words "and methods" are added for consistency with section 501(b)(2) of the revised title. -End- -CITE- 40 USC Sec. 505 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 505. Exchange or transfer of medical supplies -STATUTE- (a) Excess Property Determination. - (1) In general. - Medical materials or supplies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that - (A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and (B) transfer or other disposal is in the national interest. (2) Timing. - To the greatest extent practicable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of medical materials or supplies before their shelf life expires and they are rendered unfit for human use. (b) Transfer or Exchange. - (1) In general. - In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another federal agency or exchanged with another federal agency for other medical materials or supplies. (2) Use of proceeds. - Any proceeds derived from a transfer under this section may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only to purchase medical materials or supplies to be held for national emergency purposes. (3) Disposal as surplus property. - If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 505 40:481(e). June 30, 1949, ch. 288, title II, Sec. 201(e), as added Pub. L. 91-426, Sec. 1, Sept. 26, 1970, 84 Stat. 883. -------------------------------------------------------------------- In subsection (a)(2), the words "holding such medical materials or supplies" and "provided for in the first sentence of this subsection" are omitted as unnecessary because of the reorganization of the revised section. The words "in sufficient time to allow for" are substituted for "at such times as to insure . . . in sufficient time" for clarity and to eliminate unnecessary words. -End- -CITE- 40 USC Sec. 506 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 506. Inventory controls and systems -STATUTE- (a) Activities of the Administrator of General Services. - (1) In general. - Subject to paragraph (2), and after adequate advance notice to affected executive agencies, the Administrator of General Services may undertake the following activities as necessary to carry out functions under this chapter: (A) Surveys and reports. - Survey and obtain executive agency reports on Federal Government property and property management practices. (B) Inventory levels. - Cooperate with executive agencies to establish reasonable inventory levels for property stocked by them, and report any excessive inventory levels to Congress and to the Director of the Office of Management and Budget. (C) Federal supply catalog system. - Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies. (D) Standard purchase specifications and standard forms and procedures. - Prescribe standard purchase specifications and standard forms and procedures (except forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator for Federal Procurement Policy prescribes under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (2) Special considerations regarding department of defense. - (A) In general. - The Administrator of General Services shall carry out activities under paragraph (1) with due regard to the requirements of the Department of Defense, as determined by the Secretary of Defense. (B) Federal supply catalog system. - In establishing and maintaining a uniform federal supply catalog system under paragraph (1)(C), the Administrator of General Services and the Secretary shall coordinate to avoid unnecessary duplication. (b) Activities of Federal Agencies. - Each federal agency shall use the uniformed federal supply catalog system, the standard purchase specifications, and the standard forms and procedures established under subsection (a), except as the Administrator of General Services, considering efficiency, economy, or other interests of the Government, may otherwise provide. (c) Audit of Property Accounts. - The Comptroller General shall audit all types of property accounts and transactions. Audits shall be conducted at the time and in the manner the Comptroller General decides and as far as practicable at the place where the property or records of the executive agencies are kept. Audits shall include an evaluation of the effectiveness of internal controls and audits, and a general audit of the discharge of accountability for Government-owned or controlled property, based on generally accepted principles of auditing. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1082.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 506 40:487. June 30, 1949, ch. 288, title II, Sec. 206, 63 Stat. 390; July 12, 1952, ch. 703, Sec. 1(k), 66 Stat. 593; Pub. L. 93-400, Sec. 15(3), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. -------------------------------------------------------------------- In subsection (a)(1)(B), the words "from time to time" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 206(a)(2) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (a)(1)(D), the words "Subject to regulations" are substituted for "subject to regulations and regulations" in section 206(a)(4) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97 Stat. 1331). In subsection (a)(2)(A), the words "Department of Defense" are substituted for "National Military Establishment" in section 206(a) of the Federal Property and Administrative Services Act of 1949 because the Department of Defense is deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591). In subsection (c), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title. -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (a)(1)(D), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -End- -CITE- 40 USC SUBCHAPTER II - USE OF PROPERTY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- SUBCHAPTER II - USE OF PROPERTY -End- -CITE- 40 USC Sec. 521 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 521. Policies and methods -STATUTE- Subject to section 523 of this title, in order to minimize expenditures for property, the Administrator of General Services shall - (1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and (2) provide for the transfer of excess property - (A) among federal agencies; and (B) to the organizations specified in section 321(c)(2) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 521 40:483(a)(1) (1st June 30, 1949, ch. 288, sentence). title II, Sec. 202(a)(1) (1st sentence), 63 Stat. 384; July 12, 1952, ch. 703, Sec. 1(f), 66 Stat. 593; Pub. L. 93-599, (1), Jan. 2, 1975, 88 Stat. 1954. -------------------------------------------------------------------- The words "the provisions of" are omitted as unnecessary. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL PROPERTY IN GUAM Pub. L. 106-504, Sec. 1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109-163, div. A, title X, Sec. 1056(a)(6), Jan. 6, 2006, 119 Stat. 3439, provided that: "(a) Transfer of Excess Real Property. - (1) Except as provided in subsection (d), before screening excess real property located on Guam for further Federal utilization under section 202 [now 40 U.S.C. 521 et seq.] of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) [now 40 U.S.C. 101 et seq.] (hereinafter the 'Property Act'), the Administrator shall notify the Government of Guam that the property is available for transfer pursuant to this section. "(2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act. "(b) Conditions of Transfer. - (1) Any transfer of excess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. "(2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy. "(3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except section 2696 of title 10, United States Code, or section 501 of Public Law 100-77 (42 U.S.C. 11411). "(c) Definitions. - For the purposes of this section: "(1) The term 'Administrator' means - "(A) the Administrator of General Services; or "(B) the head of any Federal agency with the authority to dispose of excess real property on Guam. "(2) The term 'base closure law' has the meaning given such term in section 101(a)(17) of title 10, United States Code. "(3) The term 'excess real property' means excess property (as that term is defined in section 3 of the Property Act [now 40 U.S.C. 102]) that is real property and was acquired by the United States prior to the enactment of this section [Nov. 13, 2000]. "(4) The term 'Guam National Wildlife Refuge' includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the 'Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993' to the extent that the Federal Government holds title to such lands. "(5) The term 'public purpose' means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act [now 40 U.S.C. 541 et seq.], as implemented by the Federal Property Management Regulations (41 CFR 101-47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis. "(d) Exemptions. - Notwithstanding that such property may be excess real property, the provisions of this section shall not apply - "(1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard; "(2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure: "(A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property. "(B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. "(C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition. "(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section. "(E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property; "(3) to real property described in the Guam Excess Lands Act (Public Law 103-339; 108 Stat. 3116) which shall be disposed of in accordance with such Act; "(4) to real property on Guam that is declared excess as a result of a base closure law; or "(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility. "(e) Dual Classification Property. - If a parcel of real property on Guam that is declared excess as a result of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. "(f) Authority To Issue Regulations. - The Administrator of General Services, after consultation with the Secretary of Defense and the Secretary of the Interior, may issue such regulations as he deems necessary to carry out this section." -End- -CITE- 40 USC Sec. 522 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 522. Reimbursement for transfer of excess property -STATUTE- (a) In General. - Subject to subsections (b) and (c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a transfer of excess property. (b) Reimbursement at Fair Value. - The amount of reimbursement required for a transfer of excess property is the fair value of the property, as determined by the Administrator, if - (1) net proceeds are requested under section 574(a) of this title; or (2) either the transferor or the transferee agency (or the organizational unit affected) is - (A) subject to chapter 91 of title 31; or (B) an organization specified in section 321(c)(2) of this title. (c) Distribution Through General Services Administration Supply Centers. - Excess property determined by the Administrator to be suitable for distribution through the supply centers of the General Services Administration shall be retransferred at prices set by the Administrator with due regard to prices established under section 321(d) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083; Pub. L. 109-284, Sec. 6(1), (2), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 522 40:483(a)(1) (last June 30, 1949, ch. 288, sentence). title II, Sec. 202(a)(1) (last sentence), 63 Stat. 384; July 12, 1952, ch. 703, Sec. 1(f), 66 Stat. 593. -------------------------------------------------------------------- In subsection (a), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (b)(1), the reference to "section 204(b)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 is translated as a reference to section 204(c) of the Act because subsection (b) was redesignated as (c) by the Act of August 31, 1954 (ch.1178, 68 Stat. 1051). In subsection (b)(2)(A), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (c), the word "at" is substituted for "as" (in the phrase "as [sic] prices set by the Administrator") to reflect the probable intent of Congress. See Senate Report No. 2075, dated July 2, 1952 (United States Code Congressional and Administrative News, 82nd Congress, 2d Session, 1952, Volume 2, p. 2123). AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-284, Sec. 6(1), struck out "of this section" after "subsections (b) and (c)". Subsec. (b). Pub. L. 109-284, Sec. 6(2), substituted "at" for "At" in heading. -End- -CITE- 40 USC Sec. 523 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 523. Excess real property located on Indian reservations -STATUTE- (a) Procedures for Transfer. - The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs. (b) Property Held in Trust. - (1) In general. - Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located. (2) Special requirement for oklahoma. - The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property - (A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or (B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 523 40:483(a)(2). June 30, 1949, ch. 288, title II, Sec. 202(a)(2), as added Pub. L. 93-599, (2), Jan. 2, 1975, 88 Stat. 1954. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 524 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 524. Duties of executive agencies -STATUTE- (a) Required. - Each executive agency shall - (1) maintain adequate inventory controls and accountability systems for property under its control; (2) continuously survey property under its control to identify excess property; (3) promptly report excess property to the Administrator of General Services; (4) perform the care and handling of excess property; and (5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. (b) Required as Far as Practicable. - Each executive agency, as far as practicable, shall - (1) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; (2) transfer excess property under its control to other federal agencies and to organizations specified in section 321(c)(2) of this title; and (3) obtain excess property from other federal agencies. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 524(a) 40:483(b). June 30, 1949, ch. 288, title II, Sec. 202(b), 63 Stat. 384. 524(b) 40:483(c). June 30, 1949, ch. 288, title II, Sec. 202(c), 63 Stat. 384; July 12, 1952, ch. 703, Sec. 1(g), 66 Stat. 593. -------------------------------------------------------------------- In clause (a)(2), the word "identify" is substituted for "determine which is" to eliminate unnecessary words. In clause (b)(1), the words "determined to be" are omitted as unnecessary. OMB REPORT Pub. L. 109-396, title IV, Sec. 408, Dec. 15, 2006, 120 Stat. 2720, provided that: "(a) OMB Report on Surplus and Excess Property. - Not later than 6 months after the date of enactment of this Act [Dec. 15, 2006], the Director of the Office of Management and Budget shall submit a report on surplus and excess government property to Congress including - "(1) the total value and amount of surplus and excess government property, provided in the aggregate, as well as totaled by agency; and "(2) a list of the 100 most eligible surplus government properties for sale and how much they are worth. "(b) Data Sharing Among Federal Agencies. - Not later than 6 months after the date of enactment of this Act [Dec. 15, 2006], the Director of the Office of Management and Budget shall - "(1) develop and implement procedures requiring Federal agencies to share data on surplus and excess Federal real property under the jurisdiction of each agency; and "(2) report to Congress on the development and implementation of such procedures." -End- -CITE- 40 USC Sec. 525 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 525. Excess personal property for federal agency grantees -STATUTE- (a) General Prohibition. - A federal agency is prohibited from obtaining excess personal property for the purpose of furnishing the property to a grantee of the agency, except as provided in this section. (b) Exception for Public Agencies and Tax-exempt Nonprofit Organizations. - (1) In general. - Under regulations the Administrator of General Services may prescribe, a federal agency may obtain excess personal property for the purpose of furnishing it to a public agency or an organization that is nonprofit and exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), if - (A) the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision; (B) the property is to be furnished for use in connection with the grant; and (C)(i) the sponsoring federal agency pays an amount equal to 25 percent of the original acquisition cost (except for costs of care and handling) of the excess property; and (ii) the amount is deposited in the Treasury as miscellaneous receipts. (2) Title. - Title to excess property obtained under this subsection vests in the grantee. The grantee shall account for and dispose of the property in accordance with procedures governing accountability for personal property acquired under grant agreements. (c) Exception for Certain Property Furnished by Secretary of Agriculture. - (1) Definition. - In this subsection, the term "State" means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia. (2) In general. - Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to - (A) a state (!1) or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.); (B) a state (!1) experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or (C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains title. (d) Other Exceptions. - Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to - (1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title; (2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1870(e)); (3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or (4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 525(a) 40:483(d) (words June 30, 1949, ch. 288, before par. (1)). title II, Sec. 202(d), as added Pub. L. 94-519, Sec. 3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97-98, title XIV, Sec. 1443, Dec. 22, 1981, 95 Stat. 1321. 525(b) 40:483(d)(1). 525(c) 40:483(d)(2)(E). 525(d) 40:483(d)(2)(A)-(D). -------------------------------------------------------------------- In subsection (b)(1), before cl. (A), the words "institution or" are omitted as unnecessary. In clause (A), the words "termination provision" are substituted for "termination made" for clarity. In subsection (b)(2), the words "The grantee shall account for and dispose of" are substituted for "and shall be accounted for and disposed of" for clarity. In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary. In subsection (c)(1), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. In subsection (d)(1), the words "to the extent" are substituted for "where and to the extent" to eliminate unnecessary words. The words "to be furnished under such Act" are omitted as unnecessary. In subsection (d)(4), the words "Indian Financing Act of 1974" are substituted for "Indian Financing Act" in section 202(d)(2)(D) of the Federal Property and Administrative Services Act of 1949 to execute the probable intent of Congress. The word "tribe" is substituted for "Indian tribes" for consistency with 25:1452(c). -REFTEXT- REFERENCES IN TEXT The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79, 38 Stat. 372, as amended, which is classified generally to subchapter IV (Sec. 341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 341 of Title 7 and Tables. The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, which is classified generally to sections 361a to 361i of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 361a of Title 7 and Tables. Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in subsec. (c)(2)(C), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as amended, popularly known as the McIntire-Stennis Act of 1962, which is classified generally to subchapter III (Sec. 582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 40 USC Sec. 526 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 526. Temporary assignment of excess real property -STATUTE- (a) Assignment of Space. - The Administrator of General Services may temporarily assign or reassign space in excess real property to a federal agency, for use as office or storage space or for a related purpose, if the Administrator determines that assignment or reassignment is more advantageous than permanent transfer. The Administrator shall determine the duration of the assignment or reassignment. (b) Reimbursement for Maintenance. - If there is no appropriation available to the Administrator for the expense of maintaining the space, the Administrator may obtain appropriate reimbursement from the federal agency. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1085.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 526 40:483(g). June 30, 1949, ch. 288, title II, Sec. 202(g), 63 Stat. 385. -------------------------------------------------------------------- In subsection (a), the words "for use as office or storage space or for a related purpose" are substituted for "for office, storage, or related facilities" for clarity. -End- -CITE- 40 USC Sec. 527 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 527. Abandonment, destruction, or donation of property -STATUTE- The Administrator of General Services may authorize the abandonment or destruction of property, or the donation of property to a public body, if - (1) the property has no commercial value; or (2) the estimated cost of continued care and handling exceeds the estimated proceeds from sale. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 527 40:483(h). June 30, 1949, ch. 288, title II, Sec. 202(h), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 528 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 528. Utilization of excess furniture -STATUTE- A department or agency of the Federal Government may not use amounts provided by law to purchase furniture if the Administrator of General Services determines that requirements can reasonably be met by transferring excess furniture, including rehabilitated furniture, from other departments or agencies pursuant to this subtitle. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 528 40:483b. Aug. 7, 1953, ch. 340, Sec. 1316, 67 Stat. 439. -------------------------------------------------------------------- The words "Notwithstanding the provisions of any other law" are omitted as unnecessary. The words "may not use funds provided by law to purchase furniture" are substituted for "no funds shall be available in this or any other Act for the purchase of furniture" for clarity and to eliminate unnecessary words. -End- -CITE- 40 USC Sec. 529 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 529. Annual executive agency reports on excess personal property -STATUTE- (a) In General. - During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services a report on personal property - (1) obtained as - (A) excess property; or (B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and (2) furnished within the United States to a recipient other than a federal agency. (b) Required Information. - The report must set out the categories of equipment and show - (1) the acquisition cost of the property; (2) the recipient of the property; and (3) other information the Administrator may require. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 529 40:483(e). June 30, 1949, ch. 288, title II, Sec. 202(e), as added Pub. L. 94-519, Sec. 3, Oct. 17, 1976, 90 Stat. 2454. -------------------------------------------------------------------- In subsection (a)(2), the words "in any manner whatsoever" are omitted as unnecessary. In subsection (b), the words "set out the categories of equipment" are substituted for "showing . . . categories of equipment" to clarify the required form and content of the report. The words "The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 173 of House Document No. 103-7. -End- -CITE- 40 USC SUBCHAPTER III - DISPOSING OF PROPERTY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- SUBCHAPTER III - DISPOSING OF PROPERTY -End- -CITE- 40 USC Sec. 541 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 541. Supervision and direction -STATUTE- Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 541 40:484(a). June 30, 1949, ch. 288, title II, Sec. 203(a), 63 Stat. 385. -------------------------------------------------------------------- The words "shall supervise and direct the disposition of surplus property in accordance with this subtitle" are substituted for "shall have supervision and direction over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be prescribed in or pursuant to this Act" for clarity and to eliminate unnecessary words. TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983 Pub. L. 98-181, title I, Sec. 126(a)(2), (3), Nov. 30, 1983, 97 Stat. 1175, provided that: "(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this Act [Nov. 30, 1983], either Secretary had requested the Administrator of General Services to transfer such property for such disposition. "(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b)] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2)." -End- -CITE- 40 USC Sec. 542 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 542. Care and handling -STATUTE- The disposal of surplus property, and the care and handling of the property pending disposition, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agency in possession of the property or by any other executive agency that agrees. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 542 40:484(b). June 30, 1949, ch. 288, title II, Sec. 203(b), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 543 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 543. Method of disposition -STATUTE- An executive agency designated or authorized by the Administrator of General Services to dispose of surplus property may do so by sale, exchange, lease, permit, or transfer, for cash, credit, or other property, with or without warranty, on terms and conditions that the Administrator considers proper. The agency may execute documents to transfer title or other interest in the property and may take other action it considers necessary or proper to dispose of the property under this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 543 40:484(c). June 30, 1949, ch. 288, title II, Sec. 203(c), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 544 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 544. Validity of transfer instruments -STATUTE- A deed, bill of sale, lease, or other instrument executed by or on behalf of an executive agency purporting to transfer title or other interest in surplus property under this chapter is conclusive evidence of compliance with the provisions of this chapter concerning title or other interest of a bona fide grantee or transferee for value and without notice of lack of compliance. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 544 40:484(d). June 30, 1949, ch. 288, title II, Sec. 203(d), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 545 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 545. Procedure for disposal -STATUTE- (a) Public Advertising for Bids. - (1) Requirement. - (A) In general. - Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes. (B) Exceptions. - This subsection does not apply to disposal or a contract for disposal of surplus property - (i) under subsection (b) or (d); or (ii) by abandonment, destruction, or donation or through a contract broker. (2) Time, method, and terms. - The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved. (3) Public disclosure. - Bids must be publicly disclosed at the time and place stated in the advertisement. (4) Awards. - An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so. (b) Negotiated Disposal. - Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if - (1) necessary in the public interest - (A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or (B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator; (2) the public health, safety, or national security will be promoted by a particular disposal of personal property; (3) public exigency will not allow delay incident to advertising certain personal property; (4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation; (5) the estimated fair market value of the property involved does not exceed $15,000; (6) after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition; (7) with respect to real property, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation; (8) the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax- supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or (9) otherwise authorized by law. (c) Disposal Through Contract Brokers. - Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the availability of the property for disposal. (d) Negotiated Sale at Fixed Price. - (1) Authorization. - The Administrator may make a negotiated sale of personal property at a fixed price, either directly or through the use of a disposal contractor, without regard to subsection (a). However, the sale must be publicized to an extent consistent with the value and nature of the property involved and the price established must reflect the estimated fair market value of the property. Sales under this subsection are limited to categories of personal property for which the Administrator determines that disposal under this subsection best serves the interests of the Government. (2) First offer. - Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price under this subsection may be offered first to an entity specified in subsection (b)(8) that has expressed an interest in the property. (e) Explanatory Statements for Negotiated Disposals. - (1) Requirement. - (A) In general. - Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of - (i) personal property that has an estimated fair market value in excess of $15,000; (ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)-(v) of this subparagraph; (iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year; (iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or (v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property. (B) Exception. - An explanatory statement is not required for a disposal of personal property under subsection (d), or for a disposal of real or personal property authorized by any other law to be made without advertising. (2) Transmittal to congress. - The explanatory statement shall be transmitted to the appropriate committees of Congress in advance of the disposal, and a copy of the statement shall be preserved in the files of the executive agency making the disposal. (3) Listing in report. - A report of the Administrator under section 126 of this title must include a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this subsection. (f) Applicability of Other Law. - Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply to a disposal or contract for disposal made under this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 545 40:484(e). June 30, 1949, ch. 288, title II, Sec. 203(e), 63 Stat. 386; July 12, 1952, ch. 703, Sec. 1(i), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85-486, July 2, 1958, 72 Stat. 288; Pub. L. 100-612, Secs. 3, 4, Nov. 5, 1988, 102 Stat. 3180. -------------------------------------------------------------------- In subsection (e)(3), the words "A report" are substituted for "the annual report" for consistency in the revised title. See the revision note under section 126 of this title. -End- -CITE- 40 USC Sec. 546 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 546. Contractor inventories -STATUTE- Subject to regulations of the Administrator of General Services, an executive agency may authorize a contractor or subcontractor with the agency to retain or dispose of contractor inventory. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 546 40:484(f). June 30, 1949, ch. 288, title II, Sec. 203(f), 63 Stat. 386. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 547 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 547. Agricultural commodities, foods, and cotton or woolen goods -STATUTE- (a) Policies. - The Administrator of General Services shall consult with the Secretary of Agriculture to formulate policies for the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities, and surplus cotton or woolen goods. The policies shall be formulated to prevent surplus agricultural commodities, or surplus foods processed from agricultural commodities, from being dumped on the market in a disorderly manner and disrupting the market prices for agricultural commodities. (b) Transfers to Department of Agriculture. - (1) In general. - The Administrator shall transfer without charge to the Department of Agriculture any surplus agricultural commodities, foods, and cotton or woolen goods for disposal, when the Secretary determines that a transfer is necessary for the Secretary to carry out responsibilities for price support or stabilization. (2) Deposit of receipts. - Receipts resulting from disposal by the Department under this subsection shall be deposited pursuant to any authority available to the Secretary. When applicable, however, net proceeds from the sale of surplus property transferred under this subsection shall be credited pursuant to section 572(a) of this title. (3) Limitation of sales. - Surplus farm commodities transferred under this subsection may not be sold, other than for export, in quantities exceeding, or at prices less than, the applicable quantities and prices for sales of those commodities by the Commodity Credit Corporation. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 547(a) 40:484(g). June 30, 1949, ch. 288, title II, Sec. 203(g), (h), 63 Stat. 386. 547(b) 40:484(h). -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 548 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 548. Surplus vessels -STATUTE- The Maritime Administration shall dispose of surplus vessels of 1,500 gross tons or more which the Administration determines to be merchant vessels or capable of conversion to merchant use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and other laws authorizing the sale of such vessels. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109-304, Sec. 17(g)(1), Oct. 6, 2006, 120 Stat. 1708.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 548 40:484(i). June 30, 1949, ch. 288, title II, Sec. 203(i), 63 Stat. 386; Pub. L. 97-31, Sec. 12(15), Aug. 6, 1981, 95 Stat. 154. -------------------------------------------------------------------- AMENDMENTS 2006 - Pub. L. 109-304 substituted "part F of subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),". -End- -CITE- 40 USC Sec. 549 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 549. Donation of personal property through state agencies -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Public agency. - The term "public agency" means - (A) a State; (B) a political subdivision of a State (including a unit of local government or economic development district); (C) a department, agency, or instrumentality of a State (including instrumentalities created by compact or other agreement between States or political subdivisions); or (D) an Indian tribe, band, group, pueblo, or community located on a state reservation. (2) State. - The term "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (3) State agency. - The term "state agency" means an agency designated under state law as the agency responsible for fair and equitable distribution, through donation, of property transferred under this section. (b) Authorization. - (1) In general. - The Administrator of General Services, in the Administrator's discretion and under regulations the Administrator may prescribe, may transfer property described in paragraph (2) to a state agency. (2) Property. - (A) In general. - Property referred to in paragraph (1) is any personal property that - (i) is under the control of an executive agency; and (ii) has been determined to be surplus property. (B) Special rule. - In determining whether the property is to be transferred for donation under this section, no distinction may be made between property capitalized in a working-capital fund established under section 2208 of title 10 (or similar fund) and any other property. (3) No cost. - Transfer of property under this section is without cost, except for any costs of care and handling. (c) Allocation and Transfer of Property. - (1) In general. - The Administrator shall allocate and transfer property under this section in accordance with criteria that are based on need and use and that are established after consultation with state agencies to the extent feasible. The Administrator shall give fair consideration, consistent with the established criteria, to an expression of need and interest from a public agency or other eligible institution within a State. The Administrator shall give special consideration to an eligible recipient's request, transmitted through the state agency, for a specific item of property. (2) Allocation among states. - The Administrator shall allocate property among the States on a fair and equitable basis, taking into account the condition of the property as well as the original acquisition cost of the property. (3) Recipients and purposes. - The Administrator shall transfer to a state agency property the state agency selects for distribution through donation within the State - (A) to a public agency for use in carrying out or promoting, for residents of a given political area, a public purpose, including conservation, economic development, education, parks and recreation, public health, and public safety; or (B) for purposes of education or public health (including research), to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), including - (i) a medical institution, hospital, clinic, health center, or drug abuse treatment center; (ii) a provider of assistance to homeless individuals or to families or individuals whose annual incomes are below the poverty line (as that term is defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902)); (iii) a school, college, or university; (iv) a school for the mentally retarded or physically handicapped; (v) a child care center; (vi) a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station; (vii) a museum attended by the public; (viii) a library serving free all residents of a community, district, State, or region; or (ix) a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7(e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public. (4) Exception. - This subsection does not apply to property transferred under subsection (d). (d) Department of Defense Property. - (1) Determination. - The Secretary of Defense shall determine whether surplus personal property under the control of the Department of Defense is usable and necessary for educational activities which are of special interest to the armed services, including maritime academies, or military, naval, Air Force, or Coast Guard preparatory schools. (2) Property usable for special interest activities. - If the Secretary of Defense determines that the property is usable and necessary for educational activities which are of special interest to the armed services, the Secretary shall allocate the property for transfer by the Administrator to the appropriate state agency for distribution through donation to the educational activities. (3) Property not usable for special interest activities. - If the Secretary of Defense determines that the property is not usable and necessary for educational activities which are of special interest to the armed services, the property may be disposed of in accordance with subsection (c). (e) State Plan of Operation. - (1) In general. - Before property may be transferred to a state agency, the State shall develop a detailed state plan of operation, in accordance with this subsection and with state law. (2) Procedure. - (A) Consideration of needs and resources. - In developing and implementing the state plan of operation, the relative needs and resources of all public agencies and other eligible institutions in the State shall be taken into consideration. The Administrator may consult with interested federal agencies to obtain their views concerning the administration and operation of this section. (B) Publication and period for comment. - The state plan of operation, and any major amendment to the plan, may not be filed with the Administrator until 60 days after general notice of the proposed plan or amendment has been published and interested persons have been given at least 30 days to submit comments. (C) Certification. - The chief executive officer of the State shall certify and submit the state plan of operation to the Administrator. (3) Requirements. - (A) State agency. - The state plan of operation shall include adequate assurance that the state agency has - (i) the necessary organizational and operational authority and capability including staff, facilities, and means and methods of financing; and (ii) established procedures for accountability, internal and external audits, cooperative agreements, compliance and use reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups. (B) Equitable distribution. - The state plan of operation shall provide for fair and equitable distribution of property in the State based on the relative needs and resources of interested public agencies and other eligible institutions in the State and their abilities to use the property. (C) Management control and accounting systems. - The state plan of operation shall require, for donable property transferred under this section, that the state agency use management control and accounting systems of the same type as systems required by state law for state-owned property. However, with approval from the chief executive officer of the State, the state agency may elect to use other management control and accounting systems that are effective to govern the use, inventory control, accountability, and disposal of property under this section. (D) Return and redistribution for non-use. - The state plan of operation shall require the state agency to provide for the return and redistribution of donable property if the property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for that purpose within one year of being placed in use. (E) Request by recipient. - The state plan of operation shall require the state agency, to the extent practicable, to select property requested by a public agency or other eligible institution in the State and, if requested by the recipient, to arrange shipment of the property directly to the recipient. (F) Service charges. - If the state agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing the charges shall be set out in the state plan of operation. The charges shall be fair and equitable and shall be based on services the state agency performs, including screening, packing, crating, removal, and transportation. (G) Terms, conditions, reservations, and restrictions. - (i) In general. - The state plan of operation shall provide that the state agency - (I) may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under subsection (c); and (II) shall impose reasonable terms, conditions, reservations, and restrictions on the use of a passenger motor vehicle and any item of property having a unit acquisition cost of $5,000 or more. (ii) Special limitations. - If the Administrator finds that an item has characteristics that require special handling or use limitations, the Administrator may impose appropriate conditions on the donation of the property. (H) Unusable property. - (i) Disposal. - The state plan of operation shall provide that surplus personal property which the state agency determines cannot be used by eligible recipients shall be disposed of - (I) subject to the disapproval of the Administrator within 30 days after notice to the Administrator, through transfer by the state agency to another state agency or through abandonment or destruction if the property has no commercial value or if the estimated cost of continued care and handling exceeds estimated proceeds from sale; or (II) under this subtitle, on terms and conditions and in a manner the Administrator prescribes. (ii) Proceeds from sale. - Notwithstanding subchapter IV of this chapter and section 702 of this title, the Administrator, from the proceeds of sale of property described in subsection (b), may reimburse the state agency for expenses that the Administrator considers appropriate for care and handling of the property. (f) Cooperative Agreements With State Agencies. - (1) Parties to the agreement. - For purposes of carrying out this section, a cooperative agreement may be made between a state surplus property distribution agency designated under this section and - (A) the Administrator; (B) the Secretary of Education, for property transferred under section 550(c) of this title; (C) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title; or (D) the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services. (2) Shared resources. - The cooperative agreement may provide that the property, facilities, personnel, or services of - (A) a state agency may be used by a federal agency; and (B) a federal agency may be made available to a state agency. (3) Reimbursement. - The cooperative agreement may require payment or reimbursement for the use or provision of property, facilities, personnel, or services. Payment or reimbursement received from a state agency shall be credited to the fund or appropriation against which charges would otherwise be made. (4) Surplus property transferred to state agency. - (A) In general. - Under the cooperative agreement, surplus property transferred to a state agency for distribution pursuant to subsection (c) may be retained by the state agency for use in performing its functions. Unless otherwise directed by the Administrator, title to the retained property vests in the state agency. (B) Conditions. - Retention of surplus property under this paragraph is subject to conditions that may be imposed by - (i) the Administrator; (ii) the Secretary of Education, for property transferred under section 550(c) of this title; or (iii) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109-313, Sec. 5, Oct. 6, 2006, 120 Stat. 1737.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 549(a)(1), 40:484(j)(5). June 30, 1949, ch. 288, (2) title II, Sec. 203(j), 63 Stat. 386; Sept. 5, 1950, ch. 849, Sec. 4, 64 Stat. 579; June 3, 1955, ch. 130, Secs. 1, 2(a), 6(a), (b), 69 Stat. 83, 84; July 3, 1956, ch. 513, Sec. 1, 70 Stat. 493; Pub. L. 87-786, Oct. 10, 1962, 76 Stat. 805; Pub. L. 94-519, Sec. 1(1), Oct. 17, 1976, 90 Stat. 2451; Pub. L. 99-386, title II, Sec. 207, Aug. 22, 1986, 100 Stat. 823; Pub. L. 100-77, title V, Sec. 502(a), July 22, 1987, 101 Stat. 510; Pub. L. 100-690, title II, Sec. 2081(b), Nov. 18, 1988, 102 Stat. 4216; Pub. L. 105-50, Sec. 1, Oct. 6, 1997, 111 Stat. 1167. 549(a)(3), 40:484(j)(1). (b) 549(c) 40:484(j)(3). 549(d) 40:484(j)(2). 549(e) 40:484(j)(4). 549(f) 40:484(n). June 30, 1949, ch. 288, title II, Sec. 203(n), formerly (m), as added June 3, 1955, ch. 130, Sec. 3, 69 Stat. 84; redesignated (n), Aug. 1, 1955, ch. 442, 69 Stat. 430; July 3, 1956, ch. 513, Sec. 3, 70 Stat. 494; Pub. L. 87-94, July 20, 1961, 75 Stat. 213; Pub. L. 90-351, title I, Sec. 525, as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 216; Pub. L. 91-485, Sec. 3, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 94-519, Sec. 1(3), Oct. 17, 1976, 90 Stat. 2453. -------------------------------------------------------------------- In subsection (a)(2), the words "the Northern Mariana Islands" are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48:1801 note). In subsection (d), the words "Secretary of Defense" are substituted for "National Military Establishment" [subsequently changed to "Department of Defense" because of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)] because of 10:113(a). In subsection (e)(2)(B), the words "In the event that a State legislature has not developed, according to State law, a State plan within two hundred and seventy calendar days after October 17, 1976, the chief executive officer of the State shall approve, and submit to the Administrator, a temporary State plan" are omitted as obsolete. In subsection (f)(1)(B)-(D) and (4)(B), the words "Secretary of Education" and "Secretary of Health and Human Services" are substituted for "Secretary of Health, Education, and Welfare" because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)). AMENDMENTS 2006 - Subsec. (c)(3)(B)(ix). Pub. L. 109-313 added cl. (ix). EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as a note under section 5316 of Title 5, Government Organization and Employees. -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -EXEC- EX. ORD. NO. 12999. EDUCATIONAL TECHNOLOGY: ENSURING OPPORTUNITY FOR ALL CHILDREN IN THE NEXT CENTURY Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, provided: In order to ensure that American children have the skills they need to succeed in the information-intensive 21st century, the Federal Government is committed to working with the private sector to promote four major developments in American education: making modern computer technology an integral part of every classroom; providing teachers with the professional development they need to use new technologies effectively; connecting classrooms to the National Information Infrastructure; and encouraging the creation of excellent educational software. This Executive order streamlines the transfer of excess and surplus Federal computer equipment to our Nation's classrooms and encourages Federal employees to volunteer their time and expertise to assist teachers and to connect classrooms. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the provisions of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3701 et seq.), the Federal Property and Administrative Services Act of 1949, ch. 288, 63 Stat. 377 [now chapters 1 to 11 of this title and title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and the National Defense Authorization Act for Fiscal Year 1996, Public Law 104-106 [see Tables for classification], it is hereby ordered as follows: Section 1. Protection of Educationally Useful Federal Equipment. (a) Educationally useful Federal equipment is a vital national resource. To the extent such equipment can be used as is, separated into parts for other computers, or upgraded - either by professional technicians, students, or other recycling efforts - educationally useful Federal equipment is a valuable tool for computer education. Therefore, to the extent possible, all executive departments and agencies (hereinafter referred to as "agencies") shall protect and safeguard such equipment, particularly when declared excess or surplus, so that it may be recycled and transferred, if appropriate, pursuant to this order. Sec. 2. Efficient Transfer of Educationally Useful Federal Equipment to Schools and Nonprofit Organizations. (a) To the extent permitted by law, all agencies shall give highest preference to schools and nonprofit organizations, including community-based educational organizations, ("schools and nonprofit organizations") in the transfer, through gift or donation, of educationally useful Federal equipment. (b) Agencies shall attempt to give particular preference to schools and nonprofit organizations located in the Federal enterprise communities and empowerment zones established in the Omnibus Reconciliation Act of 1993, Public Law 103-66 [see 26 U.S.C. 1391 et seq.]. (c) Each agency shall, to the extent permitted by law and where appropriate, identify educationally useful Federal equipment that it no longer needs and transfer it to a school or nonprofit organization by: (1) conveying research equipment directly to the school or organization pursuant to 15 U.S.C. 3710(i); or (2) reporting excess equipment to the General Services Administration (GSA) for donation when declared surplus in accordance with section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 484(j) [now 40 U.S.C. 549]. Agencies shall report such equipment as far as possible in advance of the date the equipment becomes excess, so that GSA may attempt to arrange direct transfers from the donating agency to recipients eligible under this order. (d) In transfers made pursuant to paragraph (c)(1) of this section, title shall transfer directly from the agency to the schools or nonprofit organizations as required by 15 U.S.C. 3710(i). All such transfers shall be reported to the GSA. At the direction of the recipient institution or organization, and if appropriate, transferred equipment may be conveyed initially to a nonprofit reuse or recycling program that will upgrade it before transfer to the school or nonprofit organization holding title. (e) All transfers to schools or nonprofit organizations, whether made directly or through GSA, shall be made at the lowest cost to the school or nonprofit organization permitted by law. (f) The availability of educationally useful Federal equipment shall be made known to eligible recipients under this order by all practicable means, including newspaper, community announcements, and the Internet. (g) The regional Federal Executive Boards shall help facilitate the transfer of educationally useful Federal equipment from the agencies they represent to recipients eligible under this order. Sec. 3. Assisting Teachers' Professional Development: Connecting Classrooms. (a) Each agency that has employees who have computer expertise shall, to the extent permitted by law and in accordance with the guidelines of the Office of Personnel Management, encourage those employees to: (1) help connect America's classrooms to the National Information Infrastructure; (2) assist teachers in learning to use computers to teach; and (3) provide ongoing maintenance of and technical support for the educationally useful Federal equipment transferred pursuant to this order. (b) Each agency described in subsection (a) shall submit to the Office of Science and Technology Policy, within 6 months of the date of this order, an implementation plan to advance the developments described in this order, particularly those required in this section. The plan shall be consistent with approved agency budget totals and shall be coordinated through the Office of Science and Technology Policy. (c) Nothing in this order shall be interpreted to bar a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, student, employee, or other designated person in furtherance of educational goals. Sec. 4. Definitions. For the purposes of this order: (a) "Schools" means individual public or private education institutions encompassing prekindergarten through twelfth grade, as well as public school districts. (b) "Community-based educational organizations" means nonprofit entities that are engaged in collaborative projects with schools or that have education as their primary focus. Such organizations shall qualify as nonprofit educational institutions or organizations for purposes of section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended [now 40 U.S.C. 549]. (c) "Educationally useful Federal equipment" means computers and related peripheral tools (e.g., printers, modems, routers, and servers), including telecommunications and research equipment, that are appropriate for use in prekindergarten, elementary, middle, or secondary school education. It shall also include computer software, where the transfer of licenses is permitted. (d) "Nonprofit reuse or recycling program" means a 501(c) organization able to upgrade computer equipment at no or low cost to the school or nonprofit organization taking title to it. (e) "Federal Executive Boards," as defined in 5 C.F.R. Part 960, are regional organizations of each Federal agency's highest local officials. Sec. 5. This order shall supersede Executive Order No. 12821 of November 16, 1992. Sec. 6. Judicial Review. This order is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or its employees. William J. Clinton. -End- -CITE- 40 USC Sec. 550 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 550. Disposal of real property for certain purposes -STATUTE- (a) Definition. - In this section, the term "State" includes the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Enforcement and Revision of Instruments Transferring Property Under This Section. - (1) In general. - Subject to disapproval by the Administrator of General Services within 30 days after notice of a proposed action to be taken under this section, except for personal property transferred pursuant to section 549 of this title, the official specified in paragraph (2) shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer under this section is made. The official shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The official shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Federal Government by the instrument, if the official determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the official considers necessary to protect or advance the interests of the Government. (2) Specified official. - The official referred to in paragraph (1) is - (A) the Secretary of Education, for property transferred under subsection (c) for school, classroom, or other educational use; (B) the Secretary of Health and Human Services, for property transferred under subsection (d) for use in the protection of public health, including research; (C) the Secretary of the Interior, for property transferred under subsection (e) for public park or recreation area use; (D) the Secretary of Housing and Urban Development, for property transferred under subsection (f) to provide housing or housing assistance for low-income individuals or families; and (E) the Secretary of the Interior, for property transferred under subsection (h) for use as a historic monument for the benefit of the public. (c) Property for School, Classroom, or Other Educational Use. - (1) Assignment. - The Administrator, in the Administrator's discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Education for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for school, classroom, or other educational use. (2) Sale or lease. - Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Education of a proposed transfer, the Secretary, for school, classroom, or other educational use, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, a tax-supported educational institution, or a nonprofit educational institution that has been held exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). (3) Fixing value. - In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Education shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or institution. (d) Property for Use in the Protection of Public Health, Including Research. - (1) Assignment. - The Administrator, in the Administrator's discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Health and Human Services for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use in the protection of public health, including research. (2) Sale or lease. - Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Health and Human Services of a proposed transfer, the Secretary, for use in the protection of public health, including research, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, a tax-supported medical institution, or a hospital or similar institution not operated for profit that has been held exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)). (3) Fixing value. - In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Health and Human Services shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or institution. (e) Property for Use as a Public Park or Recreation Area. - (1) Assignment. - The Administrator, in the Administrator's discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of the Interior for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use as a public park or recreation area. (2) Sale or lease. - Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of the Interior of a proposed transfer, the Secretary, for public park or recreation area use, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, or a municipality. (3) Fixing value. - In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of the Interior shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or municipality. (4) Deed of conveyance. - The deed of conveyance of any surplus real property disposed of under this subsection - (A) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and (B) may contain additional terms, reservations, restrictions, and conditions the Secretary of the Interior determines are necessary to safeguard the interests of the Government. (f) Property for Low Income Housing Assistance. - (1) Assignment. - The Administrator, in the Administrator's discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Housing and Urban Development for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed to provide housing or housing assistance for low-income individuals or families. (2) Sale or lease. - Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Housing and Urban Development of a proposed transfer, the Secretary, to provide housing or housing assistance for low-income individuals or families, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, or a nonprofit organization that exists for the primary purpose of providing housing or housing assistance for low-income individuals or families. (3) Self-help housing. - (A) In general. - The Administrator shall disapprove a proposed transfer of property under this subsection unless the Administrator determines that the property will be used for low- income housing opportunities through the construction, rehabilitation, or refurbishment of self-help housing, under terms requiring that - (i) subject to subparagraph (B), an individual or family receiving housing or housing assistance through use of the property shall contribute a significant amount of labor toward the construction, rehabilitation, or refurbishment; and (ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices. (B) Guidelines for considering disabilities. - For purposes of fulfilling self-help requirements under paragraph (3)(A)(i), the Administrator shall ensure that nonprofit organizations receiving property under paragraph (2) develop and use guidelines to consider any disability (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)). (4) Fixing value. - (A) In general. - In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Housing and Urban Development shall take into consideration and discount the value for any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or nonprofit organization. (B) Amount of discount. - The amount of the discount under subparagraph (A) is 75 percent of the market value of the property, except that the Secretary of Housing and Urban Development may discount by a greater percentage if the Secretary, in consultation with the Administrator, determines that a higher percentage is justified. (g) Property for National Service Activities. - (1) Assignment. - The Administrator, in the Administrator's discretion and under regulations that the Administrator may prescribe, may assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal surplus property that the Chief Executive Officer recommends as needed for national service activities. (2) Sale, lease, or donation. - Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Chief Executive Officer of a proposed transfer, the Chief Executive Officer, for national service activities, may sell, lease, or donate property assigned to the Chief Executive Officer under paragraph (1) to an entity that receives financial assistance under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.). (3) Fixing value. - In fixing the sale or lease value of property disposed of under paragraph (2), the Chief Executive Officer shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the entity receiving the property. (h) Property for Use as a Historic Monument. - (1) Conveyance. - (A) In general. - Without monetary consideration to the Government, the Administrator may convey to a State, a political subdivision or instrumentality of a State, or a municipality, the right, title, and interest of the Government in and to any surplus real and related personal property that the Secretary of the Interior determines is suitable and desirable for use as a historic monument for the benefit of the public. (B) Recommendation by national park system advisory board. - Property may be determined to be suitable and desirable for use as a historic monument only in conformity with a recommendation by the National Park System Advisory Board established under section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act). Only the portion of the property that is necessary for the preservation and proper observation of the property's historic features may be determined to be suitable and desirable for use as a historic monument. (2) Revenue-producing activity. - (A) In general. - The Administrator may authorize use of any property conveyed under this subsection for revenue-producing activities if the Secretary of the Interior - (i) determines that the activities are compatible with use of the property for historic monument purposes; (ii) approves the grantee's plan for repair, rehabilitation, restoration, and maintenance of the property; (iii) approves the grantee's plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and (iv) examines and approves the accounting and financial procedures used by the grantee. (B) Use of excess income. - The Secretary of the Interior may approve a grantee's financial plan only if the plan provides that the grantee shall use income exceeding the cost of repair, rehabilitation, restoration, and maintenance only for public historic preservation, park, or recreational purposes. (C) Audits. - The Secretary of the Interior may periodically audit the records of the grantee that are directly related to the property conveyed. (3) Deed of conveyance. - The deed of conveyance of any surplus real property disposed of under this subsection - (A) shall provide that all of the property be used and maintained for historical monument purposes in perpetuity, and that if the property ceases to be used or maintained for historical monument purposes, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and (B) may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to safeguard the interests of the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1094.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 550(a) 40:484(k)(1)(D). June 30, 1949, ch. 288, title II, Sec. 203(k), 63 Stat. 387; July 12, 1952, ch. 703, Sec. 1(j), 66 Stat. 593; June 3, 1955, ch. 130, Sec. 6(a), (c), 69 Stat. 84, 85; July 3, 1956, ch. 513, Sec. 2, 70 Stat. 494; Pub. L. 91-485, Sec. 2, Oct. 22, 1970, 84 Stat. 1084; Pub. L. 92-362, Sec. 1, Aug. 4, 1972, 86 Stat. 503; Pub. L. 94-519, Sec. 1(2), Oct. 17, 1976, 90 Stat. 2453; Pub. L. 103-82, title II, Sec. 202(f), Sept. 21, 1993, 107 Stat. 888; Pub. L. 105-50, Sec. 2, Oct. 6, 1997, 111 Stat. 1167. 550(b) 40:484(k)(4). 550(c) 40:484(k)(1) (matter before (A) related to education), (A), (C) (related to education). 550(d) 40:484(k)(1) (matter before (A) related to public health), (B), (C) (related to public health). 550(e) 40:484(k)(2). 550(f) 40:484(k)(6). 550(g) 40:484(k)(5). 550(h) 40:484(k)(3). -------------------------------------------------------------------- In subsections (b)(2), (c), and (d), the words "Secretary of Education" and "Secretary of Health and Human Services" are substituted for "Secretary of Health, Education, and Welfare", as appropriate, because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)). In subsection (b)(2), the words "the Surplus Property Act of 1944, as amended", and the text of 40:484(k)(4)(D), are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed. In subsection (e), the definition of "States" is omitted as unnecessary because of 40:484(k)(1)(D), restated in subsection (a). In subsection (e)(4), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(2)(C), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(2). In the revised section, the reference to 40:484(k)(2) is translated as "this subsection" to reflect the restatement of 40:484(k)(2) as subsection (e) of the revised section. In subsection (h), the definition of "States", is omitted as unnecessary because of 40:484(k)(1)(D), restated in subsection (a). In subsection (h)(1)(B), the words "National Park System Advisory Board" are substituted for "Advisory Board on National Parks, Historic Sites, Buildings and Monuments" because of the amendment of 16:463 by section 9 of the Act of August 18, 1970 (Public Law 91- 383), as added by section 2 of the Act of October 7, 1976 (Public Law 94-458, 90 Stat. 1940). In subsection (h)(2)(A), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(3)(A), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is translated as "this subsection" to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section. The words "or the Surplus Property Act of 1944, as amended" are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed. In subsection (h)(3), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(3)(B), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is translated as "this subsection" to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section. -REFTEXT- REFERENCES IN TEXT The National and Community Service Act of 1990, referred to in subsec.(g)(2), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, as amended, which is classified principally to chapter 129 (Sec. 12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables. -End- -CITE- 40 USC Sec. 551 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 551. Donations to American Red Cross -STATUTE- The Administrator of General Services, in the Administrator's discretion and under regulations that the Administrator may prescribe, may donate to the American National Red Cross for charitable purposes property that the American National Red Cross processed, produced, or donated and that has been determined to be surplus property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 551 40:484(l). June 30, 1949, ch. 288, title II, Sec. 203(l), as added Aug. 1, 1955, ch. 442, 69 Stat. 430. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 552 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 552. Abandoned or unclaimed property on Government premises -STATUTE- (a) Authority To Take Property. - The Administrator of General Services may take possession of abandoned or unclaimed property on premises owned or leased by the Federal Government and determine when title to the property vests in the Government. The Administrator may use, transfer, or otherwise dispose of the property. (b) Claim Filed by Former Owner. - If a former owner files a proper claim within three years from the date that title to the property vests in the Government, the former owner shall be paid an amount - (1) equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or (2) if the property has been used or transferred, equal to the fair value of the property as of the time title vested in the Government less costs incident to care and handling as determined by the Administrator. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109-284, Sec. 6(3), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 552 40:484(m). June 30, 1949, ch. 288, title II, Sec. 203(m), formerly Sec. 203(l), 63 Stat. 388; redesignated Sec. 203(m), Aug. 1, 1955, ch. 442, 69 Stat. 430. -------------------------------------------------------------------- AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-284 substituted "(a) Authority To Take Property. - The Administrator" for "(a) Authority To Take Property Administrator". -End- -CITE- 40 USC Sec. 553 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 553. Property for correctional facility, law enforcement, and emergency management response purposes -STATUTE- (a) Definition. - In this section, the term "State" includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mariana Islands. (b) Authority To Transfer Property. - The Administrator of General Services, in the Administrator's discretion and under regulations that the Administrator may prescribe, may transfer or convey to a State, or political subdivision or instrumentality of a State, surplus real and related personal property that - (1) the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved by the Attorney General for the care or rehabilitation of criminal offenders; (2) the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or (3) the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services. (c) No Monetary Consideration. - A transfer or conveyance under this section shall be made without monetary consideration to the Federal Government. (d) Deed of Conveyance. - The deed of conveyance of any surplus real and related personal property disposed of under this section - (1) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and (2) may contain additional terms, reservations, restrictions, and conditions that the Administrator determines are necessary to safeguard the interests of the Government. (e) Enforcement and Revision of Instruments Transferring Property Under This Section. - The Administrator shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Administrator shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Administrator shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Government by the instrument, if the Administrator determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Administrator considers necessary to protect or advance the interests of the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109-295, title VI, Sec. 612(c), Oct. 4, 2006, 120 Stat. 1410.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 553 40:484(p). June 30, 1949, ch. 288, title II, Sec. 203(p), as added Pub. L. 98-473, title II, Sec. 701, Oct. 12, 1984, 98 Stat. 2129; Pub. L. 105-119, title I, Sec. 118, Nov. 26, 1997, 111 Stat. 2468; Pub. L. 106-113, Sec. 1000(a)(5) [Sec. 233(a)], Nov. 29, 1999, 113 Stat. 1501A-301; Pub. L. 106-168, title III, Sec. 301, Dec. 12, 1999, 113 Stat. 1821; Pub. L. 106-398, Sec. 1 [Sec. 2814], Oct. 30, 2000, 114 Stat. 1654A-419. -------------------------------------------------------------------- In subsection (a), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is omitted as executed and obsolete. -REFTEXT- REFERENCES IN TEXT The "Administrator", referred to in subsecs. (d)(2) and (e), is the Administrator of General Services. -CHANGE- CHANGE OF NAME "Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (b)(3) on authority of section 612(c) of Pub. L. 109-295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109-295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109-295, set out as a note under section 313 of Title 6. -TRANS- TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 40 USC Sec. 554 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 554. Property for development or operation of a port facility -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Base closure law. - The term "base closure law" has the meaning given that term in section 101(a)(17) of title 10. (2) State. - The term "State" includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands. (b) Authority for Assignment to the Secretary of Transportation. - Under regulations that the Administrator of General Services, after consultation with the Secretary of Defense, may prescribe, the Administrator, or the Secretary of Defense in the case of property located at a military installation closed or realigned pursuant to a base closure law, may assign to the Secretary of Transportation for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary of Transportation recommends as needed for the development or operation of a port facility. (c) Authority for Conveyance by the Secretary of Transportation. - (1) In general. - Subject to disapproval by the Administrator or the Secretary of Defense within 30 days after notice of a proposed conveyance by the Secretary of Transportation, the Secretary of Transportation, for the development or operation of a port facility, may convey property assigned to the Secretary of Transportation under subsection (b) to a State or political subdivision, municipality, or instrumentality of a State. (2) Conveyance requirements. - A transfer of property may be made under this section only after the Secretary of Transportation has - (A) determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption; (B) received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and (C) transmitted to Congress an explanatory statement that contains information substantially similar to the information contained in statements prepared under section 545(e) of this title. (d) No Monetary Consideration. - A conveyance under this section shall be made without monetary consideration to the Federal Government. (e) Deed of Conveyance. - The deed of conveyance of any surplus real and related personal property disposed of under this section shall - (1) provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and (2) contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government. (f) Enforcement and Revision of Instruments Transferring Property Under This Section. - The Secretary of Transportation shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Secretary shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the grantee any right or interest reserved to the Government by the instrument, if the Secretary determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Secretary considers necessary to protect or advance the interests of the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1100; Pub. L. 109-163, div. A, title X, Sec. 1056(a)(5)(A), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109-284, Sec. 6(4), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 554 40:484(q). June 30, 1949, ch. 288, title II, Sec. 203(q), as added Pub. L. 103-160, div. B, title XXIX, Sec. 2927(2), Nov. 30, 1993, 107 Stat. 1933. -------------------------------------------------------------------- In subsection (a), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. AMENDMENTS 2006 - Subsec. (a)(1). Pub. L. 109-163 substituted "has the meaning given that term in section 101(a)(17) of title 10." for "means the following: "(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). "(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). "(C) Section 2687 of title 10." Subsec. (c). Pub. L. 109-284 substituted "Transportation. - " for "Transportation." in heading. -End- -CITE- 40 USC Sec. 555 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 555. Donation of law enforcement canines to handlers -STATUTE- The head of a federal agency having control of a canine that has been used by a federal agency in the performance of law enforcement duties and that has been determined by the agency to be no longer needed for official purposes may donate the canine to an individual who has experience handling canines in the performance of those duties. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 555 40:484(r). June 30, 1949, ch. 288, title II, Sec. 203(r), as added Pub. L. 105-27, Sec. 1, July 18, 1997, 111 Stat. 244. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 556 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 556. Disposal of dredge vessels -STATUTE- (a) In General. - The Administrator of General Services, pursuant to sections 521 through 527, 529, and 549 of this title, may dispose of a United States Army Corps of Engineers vessel used for dredging, together with related equipment owned by the Federal Government and under the control of the Chief of Engineers, if the Secretary of the Army declares the vessel to be in excess of federal needs. (b) Recipients and Purposes. - Disposal under this section is accomplished - (1) through sale or lease to - (A) a foreign government as part of a Corps of Engineers technical assistance program; (B) a federal or state maritime academy for training purposes; or (C) a non-federal public body for scientific, educational, or cultural purposes; or (2) through sale solely for scrap to foreign or domestic interests. (c) No Dredging Activities. - A vessel described in subsection (a) shall not be disposed of under any law for the purpose of engaging in dredging activities within the United States. (d) Deposit of Amounts Collected. - Amounts collected from the sale or lease of a vessel or equipment under this section shall be deposited into the revolving fund authorized by section 101 (9th par.) of the Civil Functions Appropriation (!1) Act, 1954 (33 U.S.C. 576), to be available, as provided in appropriation laws, for the operation and maintenance of vessels under the control of the Corps of Engineers. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 556 40:483d. Pub. L. 99-662, title IX, Sec. 945, Nov. 17, 1986, 100 Stat. 4200. -------------------------------------------------------------------- In subsection (a), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity. The words "Secretary of the Army" are substituted for "Secretary" because of section 2 of the Water Resources Development Act of 1986 (33:2201). In subsection (d), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity. -FOOTNOTE- (!1) So in original. Probably should be "Appropriations". -End- -CITE- 40 USC Sec. 557 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 557. Donation of books to Free Public Library -STATUTE- Subject to regulations under this subtitle, a book that is no longer needed by an executive department, bureau, or commission of the Federal Government, and that is not an advisable addition to the Library of Congress, shall be turned over to the Free Public Library of the District of Columbia for general use if the book is appropriate for the Free Public Library. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 557 40:484-1. Feb. 25, 1903, ch. 755, Sec. 1 (7th par. on p. 865), 32 Stat. 865; Oct. 31, 1951, ch. 654, Sec. 2(1), 65 Stat. 706. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 558 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 558. Donation of forfeited vessels -STATUTE- (a) In General. - A vessel that is forfeited to the Federal Government may be donated, in accordance with procedures under this subtitle, to an eligible institution described in subsection (b). (b) Eligible Institution. - An eligible institution referred to in subsection (a) is an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program. The institution must certify to the federal officer making the donation that the program includes, at a minimum, all of the following courses in vessel safety: (1) Vessel stability. (2) Firefighting. (3) Shipboard first aid. (4) Marine safety and survival. (5) Seamanship rules of the road. (c) Terms and Conditions. - The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the federal officer making the donation. All of the following terms and conditions are required: (1) No warranty. - The institution must accept the vessel as is, where it is, and without warranty of any kind and without any representation as to its condition or suitability for use. (2) Maintenance. - The institution is responsible for maintaining the vessel. (3) Instruction only. - The vessel may be used only for instructing students in a vessel safety education and training program. (4) Documentation. - If the vessel is eligible to be documented, it must be documented by the institution as a vessel of the United States under chapter 121 of title 46. The requirements of paragraph (5) must be noted on the permanent record of the vessel. (5) Disposal. - The institution must obtain prior approval from the Administrator of General Services before disposing of the vessel and any proceeds from disposal shall be payable to the Government. (6) Inspection or regulation. - The vessel shall be inspected or regulated in the same manner as a nautical school vessel under chapter 33 of title 46. (d) Government Liability. - The Government is not liable in an action arising out of the transfer or use of a vessel transferred under this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1103.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 558 40:484d. Pub. L. 99-640, Sec. 13(a)-(c), Nov. 10, 1986, 100 Stat. 3551. -------------------------------------------------------------------- In subsection (b), the words "all of" are inserted for clarity. -End- -CITE- 40 USC Sec. 559 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 559. Advice of Attorney General with respect to antitrust law -STATUTE- (a) Definition. - In this section, the term "antitrust law" includes - (1) the Sherman Act (15 U.S.C. 1 et seq.); (2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53); (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and (4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9). (b) Advice Required. - (1) In general. - An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law. (2) Exception. - This section does not apply to disposal of - (A) real property, if the estimated fair market value is less than $3,000,000; or (B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000. (c) Notice to Attorney General. - (1) In general. - An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General. (2) Copy. - Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to the Administrator of General Services. (d) Advice From Attorney General. - Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attorney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law. (e) Request for Information. - On request from the Attorney General, the head of an executive agency shall furnish information the agency possesses that the Attorney General determines is appropriate or necessary to - (1) give advice required by this section; or (2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law. (f) No Effect on Antitrust Law. - This subtitle does not impair, amend, or modify antitrust law or limit or prevent application of antitrust law to a person acquiring property under this subtitle. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1103.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 559 40:488. June 30, 1949, ch. 288, title II, Sec. 207, 63 Stat. 391; Pub. L. 85-680, Aug. 19, 1958, 72 Stat. 631; Pub. L. 100-612, Sec. 7, Nov. 5, 1988, 102 Stat. 3182. -------------------------------------------------------------------- In subsection (e), the words "the head of an executive agency" are substituted for "the Administrator or any other executive agency", the words "or cause to be furnished" are omitted, and the words "information the agency possesses" are substituted for "such information as the Administrator or such other executive agency may possess", to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The Sherman Act, referred to in subsec. (a)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables. The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is classified generally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see note set out under section 12 of Title 15 and Tables. The Federal Trade Commission Act, referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. -End- -CITE- 40 USC SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER -HEAD- SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER -End- -CITE- 40 USC Sec. 571 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER -HEAD- Sec. 571. General rules for deposit and use of proceeds -STATUTE- (a) Deposit in Treasury as Miscellaneous Receipts. - (1) In general. - Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. (2) Proceeds. - The proceeds referred to in paragraph (1) are proceeds under this chapter from a - (A) transfer of excess property to a federal agency for agency use; or (B) sale, lease, or other disposition of surplus property. (b) Payment of Expenses of Sale Before Deposit. - Subject to regulations under this subtitle, the expenses of the sale of old material, condemned stores, supplies, or other public property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This subsection applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1104.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 571(a) 40:485(a). June 30, 1949, ch. 288, title II, Sec. 204(a), 63 Stat. 388; Pub. L. 101-510, div. B, title XXVIII, Sec. 2805(1), Nov. 5, 1990, 104 Stat. 1786. 571(b) 40:485a. June 8, 1896, ch. 373, 29 Stat. 268; Oct. 31, 1951, ch. 654, Sec. 2(20), 65 Stat. 707; Pub. L. 104-316, title I, Sec. 120(a), Oct. 19, 1996, 110 Stat. 3836. -------------------------------------------------------------------- In subsection (b), the words "whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law" are substituted for "either as miscellaneous receipts on account of 'proceeds of Government property' or to the credit of the appropriations to which such proceeds are by law authorized to be made . . . either as miscellaneous receipts or to the credit of such appropriations, as the case may be" to eliminate unnecessary words. -End- -CITE- 40 USC Sec. 572 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER -HEAD- Sec. 572. Real property -STATUTE- (a) In General. - (1) Separate fund. - Except as provided in subsection (b), proceeds of the disposition of surplus real and related personal property by the Administrator of General Services shall be set aside in a separate fund in the Treasury. (2) Payment of expenses from the fund. - (A) Authority. - From the fund described in paragraph (1), the Administrator may obligate an amount to pay the following direct expenses incurred for the use of excess property and the disposal of surplus property under this subtitle: (i) Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions. (ii) Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation. (iii) Advertising and surveying. (B) Limitations. - (i) Percentage limitation. - In each fiscal year, no more than 12 percent of the proceeds of all dispositions of surplus real and related personal property may be paid to meet direct expenses incurred in connection with the dispositions. (ii) Determination of maximum amount. - The Director of the Office of Management and Budget each quarter shall determine the maximum amount that may be obligated under this paragraph. (C) Direct payment or reimbursement. - An amount obligated under this paragraph may be used to pay an expense directly or to reimburse a fund or appropriation that initially paid the expense. (3) Transfer to miscellaneous receipts. - At least once each year, excess amounts beyond current operating needs shall be transferred from the fund described in paragraph (1) to miscellaneous receipts. (4) Report. - A report of receipts, disbursements, and transfers to miscellaneous receipts under this subsection shall be made annually, in connection with the budget estimate, to the Director and to Congress. (b) Real Property Under Control of a Military Department. - (1) Definitions. - In this subsection, the following definitions apply: (A) Military installation. - The term "military installation" has the meaning given that term in section 2687(e)(1) of title 10. (B) Base closure law. - The term "base closure law" has the meaning given that term in section 101(a)(17) of title 10. (2) Application. - (A) In general. - This subsection applies to real property, including any improvement on the property, that is under the control of a military department and that the Secretary of the department determines is excess to the department's needs. (B) Exceptions. - This subsection does not apply to - (i) damaged or deteriorated military family housing facilities conveyed under section 2854a of title 10; or (ii) property at a military installation designated for closure or realignment pursuant to a base closure law. (3) Transfer between military departments. - The Secretary of Defense shall provide that property described in paragraph (2) is available for transfer, without reimbursement, to other military departments within the Department of Defense. (4) Alternative disposition by administrator of general services. - If property is not transferred pursuant to paragraph (3), the Secretary of the military department with the property under its control shall request the Administrator to transfer or dispose of the property in accordance with this subtitle or other applicable law. (5) Proceeds. - (A) Deposit in special account. - For a transfer or disposition of property pursuant to paragraph (4), the Administrator shall deposit any proceeds (less expenses of the transfer or disposition as provided in subsection (a)) in a special account in the Treasury. (B) Availability of amount deposited. - To the extent provided in an appropriation law, an amount deposited in a special account under subparagraph (A) is available for facility maintenance and repair or environmental restoration as follows: (i) In the case of property located at a military installation that is closed, the amount is available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over the property before the closure of the military installation. (ii) In the case of property located at any other military installation - (I) 50 percent of the amount is available for facility maintenance and repair or environmental restoration at the military installation where the property was located before it was disposed of or transferred; and (II) 50 percent of the amount is available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred. (6) Report. - As part of the annual request for authorizations of appropriations to the Committees on Armed Services of the Senate and the House of Representatives, the Secretary of Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal year preceding the fiscal year in which the request is made. The accounting shall include a detailed explanation of each transfer and disposal and of the use of the proceeds received from it by the Department of Defense. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1105; Pub. L. 108-447, div. H, title IV, Sec. 408, Dec. 8, 2004, 118 Stat. 3258; Pub. L. 109-13, div. A, title VI, Sec. 6068, May 11, 2005, 119 Stat. 299; Pub. L. 109-163, div. A, title X, Sec. 1056(a)(5)(B), Jan. 6, 2006, 119 Stat. 3439.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 572(a) 40:485(b). June 30, 1949, ch. 288, title II, Sec. 204(b), as added Aug. 31, 1954, ch. 1178, Sec. 1(b), 68 Stat. 1051; Pub. L. 86-215, Sept. 1, 1959, 73 Stat. 446; Pub. L. 100-612, Sec. 6, Nov. 5, 1988, 102 Stat. 3181; Pub. L. 101-510, div. B, title XXVIII, Sec. 2805(2), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 107-107, Sec. 2812, Dec. 28, 2001, 115 Stat. 1307. 572(b) 40:485(h). June 30, 1949, ch. 288, title II, Sec. 204(h), as added Pub. L. 101-510, div. B, title XXVIII, Sec. 2805(3), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 104-106, div. A, title XV, Sec. 1502(f)(7), div. B, title XXVIII, Sec. 2818(b), Feb. 10, 1996, 110 Stat. 510, 555; Pub. L. 106-65, title X, Sec. 1067(18), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107-107, Sec. 2812, Dec. 28, 2001, 115 Stat. 1307. -------------------------------------------------------------------- In subsection (b)(4), the words "section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g))" are omitted because 50 App.:1622(g) has been repealed. AMENDMENTS 2006 - Subsec. (b)(1)(B). Pub. L. 109-163 substituted "section 101(a)(17) of title 10" for "section 2667(h)(2) of title 10". 2005 - Subsec. (a)(2)(A)(ii). Pub. L. 109-13 made technical correction to directory language of Pub. L. 108-447, Sec. 408. See 2004 Amendment note below. 2004 - Subsec. (a)(2)(A)(ii). Pub. L. 108-447, Sec. 408, as amended by Pub. L. 109-13, inserted ", highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation" before period at end. -End- -CITE- 40 USC Sec. 573 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER -HEAD- Sec. 573. Personal property -STATUTE- The Administrator of General Services may retain from the proceeds of sales of personal property the Administrator conducts amounts necessary to recover, to the extent practicable, costs the Administrator (or the Administrator's agent) incurs in conducting the sales. The Administrator shall deposit amounts retained into the Acquisition Services Fund established under section 321(a) of this title. From the amounts deposited, the Administrator may pay direct costs and reasonably related indirect costs incurred in conducting sales of personal property. At least once each year, amounts retained that are not needed to pay the direct and indirect costs shall be transferred from the Acquisition Services Fund to the general fund or another appropriate account in the Treasury. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1107; Pub. L. 109-313, Sec. 3(h)(4), Oct. 6, 2006, 120 Stat. 1736.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 573 40:485(i). June 30, 1949, ch. 288, title II, Sec. 204(i), as added Pub. L. 103-123, title IV, Sec. 7, Oct. 28, 1993, 107 Stat. 1247. -------------------------------------------------------------------- AMENDMENTS 2006 - Pub. L. 109-313 substituted "Acquisition Services Fund" for "General Supply Fund" in two places. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as a note under section 5316 of Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 574 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER -HEAD- Sec. 574. Other rules regarding proceeds -STATUTE- (a) Credit to Reimbursable Fund or Appropriation. - (1) Application. - This subsection applies to property acquired with amounts - (A) not appropriated from the general fund of the Treasury; or (B) appropriated from the general fund of the Treasury but by law reimbursable from assessment, tax, or other revenue or receipts. (2) In general. - The net proceeds of a disposition or transfer of property described in paragraph (1) shall be - (A) credited to the applicable reimbursable fund or appropriation; or (B) paid to the federal agency that determined the property to be excess. (3) Calculation of net proceeds. - For purposes of this subsection, the net proceeds of a disposition or transfer of property are the proceeds less all expenses incurred for the disposition or transfer, including care and handling. (4) Alternative credit to miscellaneous receipts. - If the agency that determined the property to be excess decides that it is uneconomical or impractical to ascertain the amount of net proceeds, the proceeds shall be credited to miscellaneous receipts. (b) Special Account for Refunds or Payments for Breach. - (1) Deposits. - A federal agency that disposes of surplus property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit - (A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and (B) payments for breach of warranty. (2) Withdrawals. - A federal agency that deposits proceeds in a special account under paragraph (1) may withdraw amounts to be refunded or paid from the account without regard to the origin of the amounts withdrawn. (c) Credit to Cost of Contractor's Work. - If a contract made by an executive agency, or a subcontract under that contract, authorizes the proceeds of a sale of property in the custody of a contractor or subcontractor to be credited to the price or cost of work covered by the contract or subcontract, then the proceeds of the sale shall be credited in accordance with the contract or subcontract. (d) Acceptance of Property Instead of Cash. - An executive agency entitled to receive cash under a contract for the lease, sale, or other disposition of surplus property may accept property instead of cash if the President determines that the property is strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due. (e) Management of Credit, Leases, and Permits. - For a disposition of surplus property under this chapter, if credit has been extended, or if the disposition has been by lease or permit, the Administrator of General Services, in a manner and on terms the Administrator determines are in the best interest of the Federal Government - (1) shall administer and manage the credit, lease, or permit, and any security for the credit, lease, or permit; and (2) may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1107.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 574(a) 40:485(c). June 30, 1949, ch. 288, title II, Sec. 204(c)-(g), formerly Sec. 204(b)-(f), 63 Stat. 389; redesignated Sec. 204(c)-(g), Aug. 31, 1954, ch. 1178, Sec. 1(a), 68 Stat. 1051; Pub. L. 96-41, Sec. 3(d), July 30, 1979, 93 Stat. 325. 574(b) 40:485(d). 574(c) 40:485(e). 574(d) 40:485(f). 574(e) 40:485(g). -------------------------------------------------------------------- In subsection (b)(1), the words "in the Treasury" are substituted for "with the Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as 31:321. In subsection (e), the words "or by War Assets Administration (or its predecessor agencies) under the Surplus Property Act of 1944" are omitted because the War Assets Administration was abolished and its functions were transferred to the General Services Administration by section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). -TRANS- DELEGATION OF FUNCTIONS Functions of President under subsec. (f) of section 485 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as subsec. (d) of this section by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, set out as a note under section 98 of Title 50, War and National Defense. -End- -CITE- 40 USC SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -End- -CITE- 40 USC Sec. 581 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 581. General authority of Administrator of General Services -STATUTE- [(a) Repealed. Pub. L. 107-296, title XVII, Sec. 1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.] (b) Personnel and Equipment. - The Administrator of General Services may - (1) employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and (2) purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing. (c) Acquisition and Management of Property. - (1) Real estate. - The Administrator may acquire, by purchase, condemnation, or otherwise, real estate and interests in real estate. (2) Ground rent. - The Administrator may pay ground rent for buildings owned by the Federal Government or occupied by federal agencies, and pay the rent in advance if required by law or if the Administrator determines that advance payment is in the public interest. (3) Rent and repairs under a lease. - The Administrator may pay rent and make repairs, alterations, and improvements under the terms of a lease entered into by, or transferred to, the Administration for the housing of a federal agency. (4) Repairs that are economically advantageous. - The Administrator may repair, alter, or improve rented premises if the Administrator determines that doing so is advantageous to the Government in terms of economy, efficiency, or national security. The Administrator's determination must - (A) set forth the circumstances that make the repair, alteration, or improvement advantageous; and (B) show that the total cost (rental, repair, alteration, and improvement) for the expected life of the lease is less than the cost of alternative space not needing repair, alteration, or improvement. (5) Insurance proceeds for defense industrial reserve. - At the direction of the Secretary of Defense, the Administrator may use insurance proceeds received for damage to property that is part of the Defense Industrial Reserve to repair or restore the property. (6) Maintenance contracts. - The Administrator may enter into a contract, for a period not exceeding five years, for the inspection, maintenance, and repair of fixed equipment in a federally owned building. (d) Lease of Federal Building Sites. - (1) In general. - The Administrator may lease a federal building site or addition, including any improvements, until the site is needed for construction purposes. The lease must be for fair rental value and on other terms and conditions the Administrator considers to be in the public interest pursuant to section 545 of this title. (2) Negotiation without advertising. - A lease under this subsection may be negotiated without public advertising for bids if - (A) the lessee is - (i) the former owner from whom the Government acquired the property; or (ii) the former owner's tenant in possession; and (B) the lease is negotiated incident to or in connection with the acquisition of the property. (3) Deposit of rent. - Rent received under this subsection may be deposited into the Federal Buildings Fund. (e) Assistance to the Inaugural Committee. - The Administrator may provide direct assistance and special services for the Inaugural Committee (as defined in section 501 of title 36) during an inaugural period in connection with Presidential inaugural operations and functions. Assistance and services under this subsection may include - (1) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5; (2) providing Government-owned and leased space for personnel and parking; (3) paying overtime to guard and custodial forces; (4) erecting and removing stands and platforms; (5) providing and operating first-aid stations; (6) providing furniture and equipment; and (7) providing other incidental services in the discretion of the Administrator. (f) Utilities for Defense Industrial Reserve and Surplus Property. - The Administrator may - (1) provide utilities and services, if the utilities and services are not provided by other sources, to a person, firm, or corporation occupying or using a plant or portion of a plant that constitutes - (A) any part of the Defense Industrial Reserve pursuant to section 2535 of title 10; or (B) surplus real property; and (2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of the Administration. (g) Obtaining Payments. - The Administrator may - (1) obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities furnished, on a reimbursable basis, to a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia; and (2) credit the payments to the applicable appropriation of the Administration. (h) Cooperative Use of Public Buildings. - (1) Leasing space for commercial and other purposes. - The Administrator may lease space on a major pedestrian access level, courtyard, or rooftop of a public building to a person, firm, or organization engaged in commercial, cultural, educational, or recreational activity (as defined in section 3306(a) of this title). The Administrator shall establish a rental rate for leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the public building. The lease may be negotiated without competitive bids, but shall contain terms and conditions and be negotiated pursuant to procedures that the Administrator considers necessary to promote competition and to protect the public interest. (2) Occasional use of space for non-commercial purposes. - The Administrator may make available, on occasion, or lease at a rate and on terms and conditions that the Administrator considers to be in the public interest, an auditorium, meeting room, courtyard, rooftop, or lobby of a public building to a person, firm, or organization engaged in cultural, educational, or recreational activity (as defined in section 3306(a) of this title) that will not disrupt the operation of the building. (3) Deposit and credit of amounts received. - The Administrator may deposit into the Federal Buildings Fund an amount received under a lease or rental executed pursuant to paragraph (1) or (2). The amount shall be credited to the appropriation from the Fund applicable to the operation of the building. (4) Furnishing utilities and maintenance. - The Administrator may furnish utilities, maintenance, repair, and other services to a person, firm, or organization leasing space pursuant to paragraph (1) or (2). The services may be provided during and outside of regular working hours of federal agencies. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107-296, title XVII, Sec. 1706(a), Nov. 25, 2002, 116 Stat. 2316; Pub. L. 109-284, Sec. 6(5), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 581 40:490(a). June 30, 1949, ch. 288, title II, Sec. 210(a), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580; Pub. L. 85-886, Sec. 1, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 89-276, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 90-626, Oct. 22, 1968, 82 Stat. 1319; Pub. L. 94-541, title I, Sec. 104(a), Oct. 18, 1976, 90 Stat. 2506; Pub. L. 104-201, title VIII, Sec. 823, Sept. 23, 1996, 110 Stat. 2609; Pub. L. 104-316, title I, Sec. 120(b), Oct. 19, 1996, 110 Stat. 3836. -------------------------------------------------------------------- In this section, 40:490(a)(7) is omitted as obsolete because the pneumatic tube system referred to in the provision is no longer used or maintained and 40:490(a)(9) is omitted as obsolete because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed. In subsection (c)(3) and (4), the words "without regard to the provisions of section 278a of this title" and "which on June 30, 1950, was specifically exempted by law from the requirements of said section" (in 40:490(a)(5)), and the words "without regard to the 25 per centum limitation of section 278a of this title" and "without reference to such limitation" (in 40:490(a)(8)), respectively, are omitted as obsolete because 40:278a was repealed by section 7 of the Public Buildings Amendments of 1988 (Public Law 100-678, 40:278a). In subsection (c)(5), the words "Defense Industrial Reserve" are substituted for "National Industrial Reserve" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat. 2690). In subsection (d)(3), the words "Federal Buildings Fund" are substituted for "Buildings Management Fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3). In subsection (e), before clause (1), the words "section 501 of title 36" are substituted for "the Act of August 6, 1965, 70 Stat 1049" in section 210(a)(15) of the Federal Property and Administrative Services Act of 1949 because of section 5(b) of the Act of August 12, 1998 (Public Law 105-225, 112 Stat. 1499), the first section of which enacted Title 36, United States Code. In clause (1), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subsection (f)(1)(A), the words "Defense Industrial Reserve pursuant to section 2535 of title 10" are substituted for "National Industrial Reserve pursuant to the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat. 2690). In subsection (g)(1), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(a)(6) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-284 substituted "The Administrator of General Services may - " for "The Administrator may - " in introductory provisions. 2002 - Subsec. (a). Pub. L. 107-296, Sec. 1706(a)(1), struck out subsec. (a) which read as follows: "Applicability. - To the extent that the Administrator of General Services by law, other than this section, may maintain, operate, and protect buildings or property, including the construction, repair, preservation, demolition, furnishing, or equipping of buildings or property, the Administrator, in the discharge of these duties, may exercise authority granted under this section." Subsec. (b). Pub. L. 107-296, Sec. 1706(a)(2), in par. (1), inserted "and" at end, in par. (2), substituted a period for "; and" at end, and struck out par. (3) which read as follows: "furnish arms and ammunition for the protection force the Administration maintains." EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. -EXEC- FACILITATING ACCESS TO FEDERAL PROPERTY FOR SITING OF MOBILE SERVICES ANTENNAS Memorandum of President of the United States, Aug. 10, 1995, 60 F.R. 42023, provided: Memorandum for the Heads of Departments and Agencies Recent advancements in mobile telecommunications technology present an opportunity for the rapid construction of the Nation's wireless communications infrastructure. As a matter of policy, the Federal Government shall encourage the efficient and timely implementation of such new technologies and the concomitant infrastructure buildout as a means of stimulating economic growth and creating new jobs. The recent auctioning and impending licensing of radio frequencies for mobile personal communications services presents the Federal Government with the opportunity to foster new technologies and to encourage the development of communications infrastructure by making Federal property available for the siting of mobile services antennas. Therefore, to the extent permitted by law, I hereby direct the Administrator of General Services, within 90 days, in consultation with the Secretaries of Agriculture, Interior, Defense, and the heads of such other agencies as the Administrator may determine, to develop procedures necessary to facilitate appropriate access to Federal property for the siting of mobile services antennas. The procedures should be developed in accordance with the following: 1. (a) Upon request, and to the extent permitted by law and where practicable, executive departments and agencies shall make available Federal Government buildings and lands for the siting of mobile service antennas. This should be done in accordance with Federal, State, and local laws and regulations, and consistent with national security concerns (including minimizing mutual electromagnetic interactions), public health and safety concerns, environmental and aesthetic concerns, preservation of historic buildings and monuments, protection of natural and cultural resources, protection of national park and wilderness values, protection of National Wildlife Refuge systems, and subject to any Federal requirements promulgated by the agency managing the facility and the Federal Communications Commission, the Federal Aviation Administration, National Telecommunications and Information Administration, and other relevant departments and agencies. (b) Antennas on Federal buildings or land may not contain any advertising. (c) Federal property does not include lands held by the United States in trust for individual or Native American tribal governments. (d) Agencies shall retain discretion to reject inappropriate siting requests, and assure adequate protection of public property and timely removal of equipment and structures at the end of service. 2. All procedures and mechanisms adopted regarding access to Federal property shall be clear and simple so as to facilitate the efficient and rapid buildout of the national wireless communications infrastructure. 3. Unless otherwise prohibited by or inconsistent with Federal law, agencies shall charge fees based on market value for siting antennas on Federal property, and may use competitive procedures if not all applicants can be accommodated. This memorandum does not give the siting of mobile services antennas priority over other authorized uses of Federal buildings or land. All independent regulatory commissions and agencies are requested to comply with the provisions of this memorandum. This memorandum is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers, or any other person. This memorandum shall be published in the Federal Register. William J. Clinton. -End- -CITE- 40 USC Sec. 582 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 582. Management of buildings by Administrator of General Services -STATUTE- (a) Request by Federal Agency or Instrumentality. - At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may operate, maintain, and protect a building that is owned by the Federal Government (or, in the case of a wholly owned or mixed-ownership Government corporation, by the corporation) and occupied by the agency or instrumentality making the request. (b) Transfer of Functions by Director of the Office of Management and Budget. - (1) In general. - When the Director of the Office of Management and Budget determines that it is in the interest of economy or efficiency, the Director shall transfer to the Administrator all functions vested in a federal agency with respect to the operation, maintenance, and custody of an office building owned by the Government or a wholly owned Government corporation, or an office building, or part of an office building, that is occupied by a federal agency under a lease. (2) Exception for post-office buildings. - A transfer of functions shall not be made under this subsection for a post- office building, unless the Director determines that the building is not used predominantly for post-office purposes. The Administrator may delegate functions with respect to a post- office building that are transferred to the Administrator under this subsection only to another officer or employee of the General Services Administration or to the Postmaster General. (3) Exception for buildings in a foreign country. - A transfer of functions shall not be made under this subsection for a building located in a foreign country. (4) Exception for department of defense buildings. - A transfer of functions shall not be made under this subsection for a building located on the grounds of a facility of the Department of Defense (including a fort, camp, post, arsenal, navy yard, naval training station, airfield, proving ground, military supply depot, or school) unless and only to the extent that the Secretary of Defense has issued a permit for use by another agency. (5) Exception for groups of special purpose buildings. - A transfer of functions shall not be made under this subsection for a building that the Director finds to be a part of a group of buildings that are - (A) located in the same vicinity; (B) used wholly or predominantly for the special purposes of the agency with custody of the buildings; and (C) not generally suitable for use by another agency. (6) Exception for certain government buildings. - A transfer of functions shall not be made under this subsection for the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Institute of Standards and Technology, and the buildings under the jurisdiction of the regents of the Smithsonian Institution. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1110.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 582(a) 40:490(b). June 30, 1949, ch. 288, title II, Sec. 210(b), (d), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 581, 582; Pub. L. 100-418, title V, Sec. 5115(c), Aug. 23, 1988, 102 Stat. 1433. 582(b) 40:490(d). -------------------------------------------------------------------- In subsection (a), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency in the subsection and with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(b) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (b), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. -End- -CITE- 40 USC Sec. 583 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 583. Construction of buildings -STATUTE- (a) Authority. - At the request of a federal agency, a mixed- ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may - (1) acquire land for a building or project authorized by Congress; (2) make or cause to be made (under contract or otherwise) surveys and test borings and prepare plans and specifications for a building or project prior to the Attorney General's approval of the title to the site; and (3) contract for, and supervise, the construction, development, and equipping of a building or project. (b) Transfer of Amounts. - An amount available to a federal agency or instrumentality for a building or project may be transferred, in advance, to the General Services Administration for purposes the Administrator determines are necessary, including payment of salaries and expenses for preparing plans and specifications and for field supervision. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1111.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 583 40:490(c). June 30, 1949, ch. 288, title II, Sec. 210(c), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 582. -------------------------------------------------------------------- In subsection (a), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency in the subsection and with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(c) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. In subsection (b), the words "salaries and expenses for preparing plans and specifications and for field supervision" are substituted for "salaries and expenses of personnel engaged in the preparation of plans and specifications or in field supervision, and for general office expenses to be incurred in the rendition of any such service" to eliminate unnecessary words. -End- -CITE- 40 USC Sec. 584 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 584. Assignment and reassignment of space -STATUTE- (a) Authority. - (1) In general. - Subject to paragraph (2), the Administrator of General Services may assign or reassign space for an executive agency in any Federal Government-owned or leased building. (2) Requirements. - The Administrator's authority under paragraph (1) may be exercised only - (A) in accordance with policies and directives the President prescribes under section 121(a) of this title; (B) after consultation with the head of the executive agency affected; and (C) on a determination by the Administrator that the assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security. (b) Priority for Public Access. - In assigning space on a major pedestrian access level (other than space leased under section 581(h)(1) or (2) of this title), the Administrator shall, where practicable, give priority to federal activities requiring regular contact with the public. If the space is not available, the Administrator shall provide space with maximum ease of access to building entrances. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1112.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 584 40:490(e). June 30, 1949, ch. 288, title II, Sec. 210(e), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 582; Pub. L. 94-541, title I, Sec. 104(b), Oct. 18, 1976, 90 Stat. 2506. -------------------------------------------------------------------- -EXEC- EX. ORD. NO. 12411. GOVERNMENT WORK SPACE MANAGEMENT REFORMS Ex. Ord. No. 12411, Mar. 29, 1983, 48 F.R. 13391, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 486 of Title 40 of the United States Code [now 40 U.S.C. 121], in order to institute fundamental changes in the manner in which Federal work space is managed to ensure its efficient utilization, it is hereby ordered as follows: Section 1. In order to make the Federal use of work space (including office space, warehouses and special purpose space, whether federally owned, leased or controlled) and related furnishings more effective in support of agency missions, minimize the acquisition of government resources, and reduce the administrative costs of the Federal government, the heads of all Federal Executive agencies shall: (a) Establish programs to reduce the amount of work space, used or held, to that amount which is essential for known agency missions; (b) Produce and maintain a total inventory of work space and related furnishings and declare excess to the Administrator of General Services all such holdings that are not necessary to satisfy existing or known and verified planned programs; (c) Ensure that the amount of office space used by each employee of the agency, or others using agency-controlled space, is held to the minimum necessary to accomplish the task that must be performed; (d) Manage the furniture, equipment, decoration, drapes, carpeting, plants and other accoutrements so that the use of all furnishings by the agency reflects a judicious employment of public moneys; (e) Consider, in making decisions concerning the use, acquisition, or disposal of work space and related furnishings, the effects of its actions on costs incurred by other Federal agencies; (f) Report all vacant work space retained for future Federal uses to the Administrator of General Services so that it may be made available for the temporary use of other Federal agencies, to the extent consistent with national defense requirements; (g) Establish a work space management plan to meet the provisions of this Order, including specification of the goals to be achieved and actions to be taken by the agency in order to improve its utilization of all work space and related furnishings; and (h) Establish information systems, implement inventory controls and conduct surveys, in accordance with procedures established by the Administrator of General Services, so that a government-wide reporting system may be developed. Sec. 2. The Administrator of General Services is delegated authority, to the extent not prohibited by other laws, to conduct surveys, establish agency-wide objectives for work space use for each Executive agency, and establish procedures, guidelines and regulations to be followed by the agencies in developing the work space planning, information and reporting systems required by this Order. Ronald Reagan. -End- -CITE- 40 USC Sec. 585 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 585. Lease agreements -STATUTE- (a) In General. - (1) Authority. - The Administrator of General Services may enter into a lease agreement with a person, copartnership, corporation, or other public or private entity for the accommodation of a federal agency in a building (or improvement) which is in existence or being erected by the lessor to accommodate the federal agency. The Administrator may assign and reassign the leased space to a federal agency. (2) Terms. - A lease agreement under this subsection shall be on terms the Administrator considers to be in the interest of the Federal Government and necessary for the accommodation of the federal agency. However, the lease agreement may not bind the Government for more than 20 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31. (b) Sublease. - (1) Application. - This subsection applies to rent received if the Administrator - (A) determines that an unexpired portion of a lease of space to the Government is surplus property; and (B) disposes of the property by sublease. (2) Use of rent. - Notwithstanding section 571(a) of this title, the Administrator may deposit rent received into the Federal Buildings Fund. The Administrator may defray from the fund any costs necessary to provide services to the Government's lessee and to pay the rent (not otherwise provided for) on the lease of the space to the Government. (c) Amounts for Rent Available for Lease of Buildings on Government Land. - Amounts made available to the General Services Administration for the payment of rent may be used to lease space, for a period of not more than 30 years, in buildings erected on land owned by the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1112.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 585(a) 40:490(h)(1). June 30, 1949, ch. 288, title II, Sec. 210(h)(1), as added Pub. L. 85-493, Sec. 1, July 2, 1958, 72 Stat. 294; Pub. L. 86-249, Sec. 12(e), formerly Sec. 12(d), Sept. 9, 1959, 73 Stat. 482; redesignated Sec. 12(e), Pub. L. 94-541, title I, Sec. 103(3) (related to Sec. 12(e)), Oct. 18, 1976, 90 Stat. 2506. 40:490e. Pub. L. 101-136, title IV, Sec. 22, Nov. 3, 1989, 103 Stat. 807. 585(b) 40:490(h)(2). June 30, 1949, ch. 288, title II, Sec. 210(h)(2), as added Pub. L. 85-493, Sec. 1, July 2, 1958, 72 Stat. 294. 585(c) 40:490d. Pub. L. 101-136, title IV, Sec. 5, Nov. 3, 1989, 103 Stat. 802. -------------------------------------------------------------------- In subsection (b)(2), the words "Federal Buildings Fund" are substituted for "buildings management fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3). LEASE OF BUILDING SPACE BY WHOLLY OWNED GOVERNMENT CORPORATIONS Act July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584, provided in part that: "Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of such Act of March 1, 1919, as amended [ch. 86, Sec. 10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such rental thereon as may be determined by the Federal Works Administrator [Administrator of General Services], such rental to include all cost of maintenance, upkeep, and repair." -End- -CITE- 40 USC Sec. 586 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 586. Charges for space and services -STATUTE- (a) Definition. - In this section, "space and services" means space, services, quarters, maintenance, repair, and other facilities. (b) Charges by Administrator of General Services. - (1) In general. - The Administrator of General Services shall impose a charge for furnishing space and services. (2) Rates. - The Administrator shall, from time to time, determine the rates to be charged for furnishing space and services and shall prescribe regulations providing for the rates. The rates shall approximate commercial charges for comparable space and services. However, for a building for which the Administrator is responsible for alterations only (as the term "alter" is defined in section 3301(a) of this title), the rates shall be fixed to recover only the approximate cost incurred in providing alterations. (3) Exemptions. - The Administrator may exempt anyone from the charges required by this subsection when the Administrator determines that charges would be infeasible or impractical. To the extent an exemption is granted, appropriations to the General Services Administration are authorized to reimburse the Federal Buildings Fund for any loss of revenue. (c) Charges by Executive Agencies. - (1) In general. - An executive agency, other than the Administration, may impose a charge for furnishing space and services at rates approved by the Administrator. (2) Crediting amounts received. - An amount an executive agency receives under this subsection shall be credited to the appropriation or fund initially charged for providing the space or service. However, amounts in excess of actual operating and maintenance costs shall be credited to miscellaneous receipts unless otherwise provided by law. (d) Rent Payments for Lease Space. - An agency may make rent payments to the Administration for lease space relating to expansion needs of the agency. Payment rates shall approximate commercial charges for comparable space as provided in subsection (b). Payments shall be deposited into the Federal Buildings Fund. The Administration may use amounts received under this subsection, in addition to amounts received as New Obligational Authority, in the Rental of Space activity of the Fund. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1113.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 586(a), (b) 40:490(j). June 30, 1949, ch. 288, title II, Sec. 210(j), (k), as added Pub. L. 92-313, Sec. 4, June 16, 1972, 86 Stat. 219. 586(c) 40:490(k). 586(d) 40:490f. Pub. L. 102-393, title IV, Sec. 5, Oct. 6, 1992, 106 Stat. 1750. -------------------------------------------------------------------- In subsection (b)(3), the words "Federal Buildings Fund" are substituted for "the fund" for clarity and to execute the probable intent of Congress. Sections 3 and 4 of the Public Buildings Amendments of 1972 (Public Law 92-313, 86 Stat. 218) added subsection (j) of 40:490 (in which the words "the fund" appear) and amended subsection (f) to create a fund into which "charges made pursuant to subsection (j)" are deposited (40:490(f)(1)(A)). That fund was subsequently named "Federal Buildings Fund" by section 153(1) of the Energy Policy Act of 1992 (Public Law 102-486, 106 Stat. 2851). If an exemption from charges is granted under 40:490(j), "the fund" that suffers the loss of revenue is the Federal Buildings Fund. In subsection (d), the words "on and after October 6, 1992" are omitted as obsolete. The words "subsection (b)" are substituted for "section 201(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j))" in section 5(a) of the Independent Agencies Appropriations Act, 1993, to reflect the probable intent of Congress. Section 201 of the Federal Property and Administrative Services Act of 1949 does not contain a subsection (j) and the intended reference was probably "section 210(j)", which is restated in this section. The text of 40:490f(b) is omitted as executed. -End- -CITE- 40 USC Sec. 587 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 587. Telecommuting and other alternative workplace arrangements -STATUTE- (a) Definition. - In this section, the term "telecommuting centers" means flexiplace work telecommuting centers. (b) Telecommuting Centers Established by Administrator of General Services. - (1) Establishment. - The Administrator of General Services may acquire space for, establish, and equip telecommuting centers for use in accordance with this subsection. (2) Use. - A telecommuting center may be used by employees of federal agencies, state and local governments, and the private sector. The Administrator shall give federal employees priority in using a telecommuting center. The Administrator may make a telecommuting center available for use by others to the extent it is not fully utilized by federal employees. (3) User fees. - The Administrator shall charge a user fee for the use of a telecommuting center. The amount of the user fee shall approximate commercial charges for comparable space and services. However, the user fee may not be less than necessary to pay the cost of establishing and operating the telecommuting center, including the reasonable cost of renovation and replacement of furniture, fixtures, and equipment. (4) Deposit and use of fees. - The Administrator may - (A) deposit user fees into the Federal Buildings Fund and use the fees to pay costs incurred in establishing and operating the telecommuting center; and (B) accept and retain income received by the General Services Administration, from federal agencies and non-federal sources, to defray costs directly associated with the functions of telecommuting centers. (c) Development of Alternative Workplace Arrangements by Executive Agencies and Others. - (1) Definition. - In this subsection, the term "alternative workplace arrangements" includes telecommuting, hoteling, virtual offices, and other distributive work arrangements. (2) Consideration by executive agencies. - In considering whether to acquire space, quarters, buildings, or other facilities for use by employees, the head of an executive agency shall consider whether needs can be met using alternative workplace arrangements. (3) Guidance from administrator. - The Administrator may provide guidance, assistance, and oversight to any person regarding the establishment and operation of alternative workplace arrangements. (d) Amounts Available for Flexiplace Work Telecommuting Programs. - (1) Definition. - In this subsection, the term "flexiplace work telecommuting program" means a program under which employees of a department or agency set out in paragraph (2) are permitted to perform all or a portion of their duties at a telecommuting center established under this section or other federal law. (2) Minimum funding. - For each of the following departments and agencies, in each fiscal year at least $50,000 of amounts made available for salaries and expenses is available only for carrying out a flexiplace work telecommuting program: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Defense. (D) Department of Education. (E) Department of Energy. (F) Department of Health and Human Services. (G) Department of Housing and Urban Development. (H) Department of the Interior. (I) Department of Justice. (J) Department of Labor. (K) Department of State. (L) Department of Transportation. (M) Department of the Treasury. (N) Department of Veterans Affairs. (O) Environmental Protection Agency. (P) General Services Administration. (Q) Office of Personnel Management. (R) Small Business Administration. (S) Social Security Administration. (T) United States Postal Service. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1113.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 587(a), 40:490(l)(1)-(3). June 30, 1949, ch. 288, (b)(1)- title II, Sec. 210(l), as (4)(A) added Pub. L. 104-208, div. A, title I, Sec. 101(f) [title IV, Sec. 407(a)], Sept. 30, 1996, 110 Stat. 3009-337. 587(b)(4)( 40:490h. Pub. L. 104-52, title IV, B) Sec. 5, Nov. 19, 1995, 109 Stat. 486. 587(c)(1) 40:490(l)(4) (words after 3d comma). 587(c)(2) 40:490(l)(5). 587(c)(3) 40:490(l)(4) (words before 3d comma). 587(d) 40:490 note. Pub. L. 105-277, div A, Sec. 101(h) [title VI, Sec. 630], Oct. 21, 1998, 112 Stat. 2681-522. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 588 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 588. Movement and supply of office furniture -STATUTE- (a) Definition. - In this section, the term "controlled space" means a substantial and identifiable segment of space (such as a building, floor, or wing) in a location that the Administrator of General Services controls for purposes of assignment of space. (b) Application. - This section applies if an agency (or unit of the agency), moves from one controlled space to another, whether in the same or a different location. (c) Moving Existing Furniture. - The furniture and furnishings used by an agency (or organizational unit of the agency) shall be moved only if the Administrator determines, after consultation with the head of the agency and with due regard for the program activities of the agency, that it would not be more economical and efficient to make suitable replacements available in the new controlled space. (d) Providing Replacement Furniture. - In the absence of a determination under subsection (c), suitable furniture and furnishings for the new controlled space shall be provided from stocks under the control of the moving agency or from stocks available to the Administrator, whichever the Administrator determines to be more economical and efficient. However, the same or similar items may not be provided from both sources. (e) Control of Replacement Furniture. - If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in the control of the Administrator. (f) Control of Furniture Not Moved. - (1) In general. - If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the furniture and furnishings that were previously used by the moving agency (or unit of the agency) pass to the control of the Administrator. (2) Reimbursement. - (A) In general. - Furniture and furnishings passing to the control of the Administrator under this section pass without reimbursement. (B) Exception for trust fund. - If furniture and furnishings that were purchased from a trust fund pass to the control of the Administrator under this section, the Administrator shall reimburse the trust fund for the fair market value of the furniture and furnishings. (3) Revolving or working capital fund. - If furniture and furnishings are carried as assets of a revolving or working capital fund at the time they pass to the control of the Administrator under this section, the net book value of the furniture and furnishings shall be written off and the capital of the fund is diminished by the amount of the write-off. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1115.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 588 40:490(g). June 30, 1949, ch. 288, title II, Sec. 210(g), as added Sept. 1, 1954, ch. 1211, Sec. 3, 68 Stat. 1129. -------------------------------------------------------------------- In subsection (f)(2), the reimbursement requirement in 40:490(g) (last sentence) is set out as an exception to a general "without reimbursement" rule in 40:490(g) (3d sentence) to harmonize an inconsistency in the source law. -End- -CITE- 40 USC Sec. 589 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 589. Installation, repair, and replacement of sidewalks -STATUTE- (a) In General. - An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are - (1) under the agency's control; (2) owned by the Federal Government; and (3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States. (b) Reimbursement. - Subsection (a) may be carried out by - (1) reimbursement to a State or political subdivision of a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States; or (2) a means other than reimbursement. (c) Regulations. - Subsection (a) shall be carried out in accordance with regulations the Administrator of General Services prescribes with the approval of the Director of the Office of Management and Budget. (d) Use of Amounts. - Amounts appropriated to an executive agency for installation, repair, and maintenance, generally, are available to carry out this section. (e) Liability. - This section does not increase or enlarge the tort liability of the Government for injuries to individuals or damages to property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1116.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 589 40:490(i). June 30, 1949, ch. 288, title II, Sec. 210(i), as added Pub. L. 89-344, Nov. 8, 1965, 79 Stat. 1304. -------------------------------------------------------------------- In subsections (a) and (b), the words "territory or" are added for consistency in the revised title and with other titles of the United States Code. In subsection (c), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (e), the words "beyond such liability presently existing by virtue of any other law" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 590 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 590. Child care -STATUTE- (a) Guidance, Assistance, and Oversight. - Through the General Services Administration's licensing agreements, the Administrator of General Services shall provide guidance, assistance, and oversight to federal agencies for the development of child care centers to provide economical and effective child care for federal workers. (b) Allotment of Space in Federal Buildings. - (1) Definitions. - In this subsection, the following definitions apply: (A) Child care provider. - The term "child care provider" means an individual or entity that provides or proposes to provide child care services for federal employees. (B) Allotment officer. - The term "allotment officer" means an officer or agency of the Federal Government charged with the allotment of space in federal buildings. (2) Allotment. - A child care provider may be allotted space in a federal building by an allotment officer if - (A) the child care provider applies to the allotment officer in the community or district in which child care services are to be provided; (B) the space is available; and (C) the allotment officer determines that - (i) the space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian employed by the Government; and (ii) the child care provider will give priority to federal employees for available child care services in the space. (c) Payment for Space and Services. - (1) Definition. - For purposes of this subsection, the term "services" includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, classroom furnishings and equipment, kitchen appliances, playground equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone services), and security systems (including installation and other expenses associated with security systems), including replacement equipment, as needed. (2) No charge. - Space allotted under subsection (b) may be provided without charge for rent or services. (3) Reimbursement for costs. - For space allotted under subsection (b), if there is an agreement for the payment of costs associated with providing space or services, neither title 31, nor any other law, prohibits or restricts payment by reimbursement to the miscellaneous receipts or other appropriate account of the Treasury. (d) Payment of Other Costs. - If an agency has a child care facility in its space, or is a sponsoring agency for a child care facility in other federal or leased space, the agency or the Administration may - (1) pay accreditation fees, including renewal fees, for the child care facility to be accredited by a nationally recognized early-childhood professional organization; (2) pay travel and per diem expenses for representatives of the child care facility to attend the annual Administration child care conference; and (3) enter into a consortium with one or more private entities under which the private entities assist in defraying costs associated with the salaries and benefits for personnel providing services at the facility. (e) Reimbursement for Employee Training. - Notwithstanding section 1345 of title 31, an agency, department, or instrumentality of the Government that provides or proposes to provide child care services for federal employees may reimburse a federal employee or any individual employed to provide child care services for travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with providing the services. A per diem allowance made under this subsection may not exceed the rate specified in regulations prescribed under section 5707 of title 5. (f) Criminal History Background Checks. - (1) Definition. - In this subsection, the term "executive facility" means a facility owned or leased by an office or entity within the executive branch of the Government. The term includes a facility owned or leased by the General Services Administration on behalf of an office or entity within the judicial branch of the Government. (2) In general. - All workers in a child care center located in an executive facility shall undergo a criminal history background check as defined in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041). (3) Nonapplication to legislative branch facilities. - This subsection does not apply to a facility owned by or leased on behalf of an office or entity within the legislative branch of the Government. (g) Appropriated Amounts for Affordable Child Care. - (1) Definition. - For purposes of this subsection, the term "Executive agency" has the meaning given that term in section 105 of title 5, but does not include the Government Accountability Office. (2) In general. - In accordance with regulations the Office of Personnel Management prescribes, an Executive agency that provides or proposes to provide child care services for federal employees may use appropriated amounts that are otherwise available for salaries and expenses to provide child care in a federal or leased facility, or through contract, for civilian employees of the agency. (3) Affordability. - Amounts used pursuant to paragraph (2) shall be applied to improve the affordability of child care for lower income federal employees using or seeking to use the child care services. (4) Advances. - Notwithstanding section 3324 of title 31, amounts may be paid in advance to licensed or regulated child care providers for services to be rendered during an agreed period. (5) Notification. - No amounts made available by law may be used to implement this subsection without advance notice to the Committees on Appropriations of the House of Representatives and the Senate. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1116; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 590(a) 40:490b(c). Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 616(a)-(d)], Dec. 22, 1987, 101 Stat. 1329-423; Pub. L. 102-393, title V, Sec. 528, Oct. 6, 1992, 106 Stat. 1760. 590(b) 40:490b(a). 590(c) 40:490b(b)(1), (2), (4). 590(d) 40:490b(b)(3). 40:490b(d). 590(e) 40:490b note. Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 603], Oct. 21, 1998, 112 Stat. 2681-513. 590(f) 40:490b(e). Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 616(e)], as added Pub. L. 106-554, Sec. 1[(]a)(3) [title VI, Sec. 643], Dec. 21, 2000, 114 Stat. 2763A-169. 590(g) 40:490b-1. Pub. L. 107-67, title VI, Sec. 630, Nov. 12, 2001, 115 Stat. 552. -------------------------------------------------------------------- In subsection (a), the word "provide" is substituted for "promote the provision of" to eliminate unnecessary words. In subsection (f)(2), the word "workers" is substituted for "existing and newly hired workers" to eliminate unnecessary words. In subsection (g)(2), the word "hereafter" is omitted as unnecessary. In subsection (g)(4), the words "as appropriate" are omitted as unnecessary. In subsection (g)(5), the words "in this or any other Act" are omitted as unnecessary. The words "of the House of Representatives and the Senate" are added for consistency in the revised title. AMENDMENTS 2004 - Subsec. (g)(1). Pub. L. 108-271 substituted "Government Accountability Office" for "General Accounting Office". -End- -CITE- 40 USC Sec. 591 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 591. Purchase of electricity -STATUTE- (a) General Limitation on Use of Amounts. - A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including - (1) state utility commission rulings; and (2) electric utility franchises or service territories established under state statute, state regulation, or state- approved territorial agreements. (b) Exceptions. - (1) Energy savings. - This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287). (2) Energy savings for military installations. - This section does not preclude the Secretary of a military department from - (A) entering into a contract under section 2394 (!1) of title 10; or (B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1118.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 591 40:490 note. Pub. L. 100-202, Sec. 101(b) [title VIII, Sec. 8093], Dec. 22, 1987, 101 Stat. 1329-79. -------------------------------------------------------------------- In subsection (b)(1), the words "section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287)" are substituted for "42 U.S.C. 8287" in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress. -REFTEXT- REFERENCES IN TEXT Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109-364, div. B, title XXVIII, Sec. 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 40 USC Sec. 592 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 592. Federal Buildings Fund -STATUTE- (a) Existence. - There is in the Treasury a fund known as the Federal Buildings Fund. (b) Deposits. - (1) In general. - The following revenues and collections shall be deposited into the Fund: (A) User charges under section 586(b) of this title, payable in advance or otherwise. (B) Proceeds from the lease of federal building sites or additions under section 581(d) of this title. (C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund. (2) Reimbursements for special services. - This subchapter does not preclude the Administrator of General Services from providing special services, not included in the standard level user charge, on a reimbursable basis. The reimbursements may be credited to the Fund. (3) Transfer of surplus amounts. - To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an appropriation law may be transferred out of the Fund and deposited as miscellaneous receipts in the Treasury. (c) Uses. - (1) In general. - Deposits in the Fund are available for real property management and related activities in the amounts specified in annual appropriation laws without regard to fiscal year limitations. (2) Salaries and expenses related to construction projects or planning programs. - Deposits in the Fund that are available pursuant to annual appropriation laws may be transferred and consolidated on the books of the Treasury into a special account in accordance with, and for the purposes specified in, section 3176 of this title. (3) Repayment of general services administration borrowing from federal financing bank. - The Administrator, in accordance with rules and procedures that the Office of Management and Budget and the Secretary of the Treasury establish, may transfer from the Fund an amount necessary to repay the principal amount of a General Services Administration borrowing from the Federal Financing Bank, if the borrowing is a legal obligation of the Fund. (4) Buildings deemed federally owned. - For purposes of amounts authorized to be expended from the Fund, the following are deemed to be federally owned buildings: (A) A building constructed pursuant to the purchase contract authority of section 5 of the Public Buildings Amendments of 1972 (Public Law 92-313, 86 Stat. 219). (B) A building occupied pursuant to an installment purchase contract. (C) A building under the control of a department or agency, if alterations of the building are required in connection with moving the department or agency from a former building that is, or will be, under the control of the Administration. (d) Energy Management Programs. - (1) Receiving cash incentives. - The Administrator may receive amounts from rebates or other cash incentives related to energy savings and shall deposit the amounts in the Fund for use as provided in paragraph (4). (2) Receiving goods or services. - The Administrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities. (3) Assignment of energy rebates. - In the administration of real property that the Administrator leases and for which the Administrator pays utility costs, the Administrator may assign all or a portion of energy rebates to the lessor to underwrite the costs incurred in undertaking energy efficiency improvements in the real property if the payback period for the improvement is at least 2 years less than the remainder of the term of the lease. (4) Obligating amounts for energy management improvement programs. - In addition to amounts appropriated for energy management improvement programs and without regard to subsection (c)(1), the Administrator may obligate for those programs - (A) amounts received and deposited in the Fund under paragraph (1); (B) goods and services received under paragraph (2); and (C) amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs. (e) Recycling Programs. - (1) Receiving amounts. - The Administrator may receive amounts from the sale of recycled materials and shall deposit the amounts in the Fund for use as provided in paragraph (2). (2) Obligating amounts for recycling programs. - In addition to amounts appropriated for such purposes and without regard to subsection (c)(1), the Administrator may obligate amounts received and deposited in the Fund under paragraph (1) for programs which - (A) promote further source reduction and recycling programs; and (B) encourage employees to participate in recycling programs by providing financing for child care. (f) Additional Authority Related to Energy Management and Recycling Programs. - The Fund may receive, in the form of rebates, cash incentives or otherwise, any revenues, collections, or other income related to energy savings or recycling efforts. Amounts received under this subsection remain in the Fund until expended and remain available for federal energy management improvement programs, recycling programs, or employee programs that are authorized by law or that the Administrator considers appropriate. The Administration may use amounts received under this subsection, in addition to amounts received as New Obligational Authority, in activities of the Fund as necessary. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1118.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 592(a) 40:490(f)(1) June 30, 1949, ch. 288, (related to title II, Sec. 210(f), as establishment), added July 12, 1952, ch. (3), (4). 703, Sec. 1(l), 66 Stat. 594; Pub. L. 85-886, Sec. 3, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 92-313, Sec. 3, June 16, 1972, 86 Stat. 218; Pub. L. 102-486, title I, Sec. 153, Oct. 24, 1992, 106 Stat. 2851. 592(b)(1) 40:490(f)(1) (related to deposits). 592(b)(2) 40:490(f)(6). 592(b)(3) 40:490(f)(5). 592(c)(1) 40:490(f)(2). 592(c)(2) 40:490a. Pub. L. 94-91, title IV, Sec. 401, Aug. 9, 1975, 89 Stat. 452. 592(c)(3) 40:490a-1. Pub. L. 101-136, title IV, Sec. 7, Nov. 3, 1989, 103 Stat. 803. 592(c)(4) 40:490i. Pub. L. 105-277, div. A, Sec. 101(h) [title IV, 6th proviso on p. 2681-502], Oct. 21, 1998, 112 Stat. 2681-502. 592(d) 40:490(f)(7). 592(e) 40:490(f)(8). 592(f) 40:490g. Pub. L. 102-393, title IV, Sec. 13, Oct. 6, 1992, 106 Stat. 1751. -------------------------------------------------------------------- In subsection (a), the words "on such date as may be determined by the Administrator" are omitted as obsolete. The text of 40:490(f)(3) and (4) is omitted as executed. In subsection (b)(1)(B), the words "federal building sites or additions" are substituted for "building sites" for consistency with section 581(d) of the revised title. In subsection (b)(3), the words "To prevent the accumulation of excessive surpluses in the Fund" and "transferred out of the Fund" are added for clarity. See House Report No. 92-989, dated April 14, 1972 (United States Code Congressional and Administrative News, 92d Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377). In subsection (c)(4), the words "amounts authorized to be expended from the Fund" are substituted for "this authorization, and hereafter" to restate the provision as general and permanent law without reference to a single year's appropriation Act. In subsection (f), the words "during a fiscal year" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT Section 5 of the Public Buildings Amendments of 1972, referred to in subsec. (c)(4)(A), is section 5 of Pub. L. 92-313, June 16, 1972, 86 Stat. 219, as amended, which enacted section 602a of former Title 40, Public Buildings, Property, and Works, and was omitted from the Code in the revision and reenactment of Title 40 by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062. -End- -CITE- 40 USC Sec. 593 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES -HEAD- Sec. 593. Protection for veterans preference employees -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Covered services. - The term "covered services" means any guard, elevator operator, messenger, or custodial services. (2) Sheltered workshop. - The term "sheltered workshop" means a sheltered workshop employing the severely handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.). (b) In General. - Except as provided in subsection (c), amounts made available to the General Services Administration pursuant to section 592 of this title may not be obligated or expended to procure covered services by contract if an employee who was a permanent veterans preference employee of the Administration on November 19, 1995, would be terminated as a result. (c) Exception. - Amounts made available to the Administration pursuant to section 592 of this title may be obligated and expended to procure covered services by contract with a sheltered workshop or, if sheltered workshops decline to contract for the provision of covered services, by competitive contract for a period of no longer than 5 years. When a competitive contract expires, or is terminated for any reason, the Administration shall again offer to procure the covered services by contract with a sheltered workshop before procuring the covered services by competitive contract. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1120; Pub. L. 109-284, Sec. 6(6), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 593 40:490c. Pub. L. 104-52, title V, Sec. 503, Nov. 19, 1995, 109 Stat. 491. -------------------------------------------------------------------- -REFTEXT- REFERENCES IN TEXT The Javits-Wagner-O'Day Act, referred to in subsec. (a)(2), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-284 substituted "available to the General Services Administration" for "available to the Administration". -End- -CITE- 40 USC SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -End- -CITE- 40 USC Sec. 601 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 601. Purposes -STATUTE- In order to provide an economical and efficient system for transportation of Federal Government personnel and property consistent with section 101 of this title, the purposes of this subchapter are - (1) to establish procedures to ensure safe operation of motor vehicles on Government business; (2) to provide for proper identification of Government motor vehicles; (3) to establish an effective means to limit the use of Government motor vehicles to official purposes; (4) to reduce the number of Government-owned vehicles to the minimum necessary to transact public business; and (5) to provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1121.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 601 40:491(a). June 30, 1949, ch. 288, title II, Sec. 211(a), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1126. -------------------------------------------------------------------- -EXEC- EX. ORD. NO. 10579. INTERAGENCY MOTOR-VEHICLE POOLS AND SYSTEMS Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided: Section 1. Purpose and general policy. (a) The purpose of these regulations is to establish policies and procedures under which interagency motor-vehicle pools or systems may be established, operated, curtailed, or discontinued. (b) The Administrator of General Services (hereinafter referred to as the Administrator) shall establish and provide for the operation of interagency motor-vehicle pools and systems for the purpose of providing more efficient or economical transportation of Government personnel and property within specific areas by motor vehicles or local transit systems. Pools or systems based in whole or in part upon use of privately-owned vehicles and facilities shall be preferred to Government ownership of vehicles and facilities to the extent that it is feasible to provide required motor-vehicle services of satisfactory quality and cost from commercial or other private sources. Sec. 2. Conduct of studies to determine advisability of establishing motor-vehicle pools or systems. (a) The Administrator shall select areas in which studies are to be conducted to determine the advisability of establishing motor-vehicle pools or systems. Before initiating any such study, he shall give at least thirty days notice to the head of each executive agency (as defined in section 3(a) of the Act [now 40 U.S.C. 102(4)]). The notice shall include a statement of the approximate geographic area to be studied and the date on which the study will begin. (b) The head of each executive agency receiving notice that such a study is to be made shall provide information which is required or pertinent. He shall also designate one or more officials in the field with whom members of a staff assigned by the General Services Administration may consult. Such designated officials shall provide such assigned staff with needed information and assistance, including reasonable opportunities to observe motor-vehicle operations and facilities and to examine pertinent cost and other records. Sec. 3. Determination to establish an interagency motor-vehicle pool or system. (a) If the Administrator determines, with due regard to the program activities of the agencies concerned, and on the basis of a study made in accordance with section 2 hereof, that an interagency motor-vehicle pool or system should be established, he shall be responsible for preparing a formal determination to that effect. Such determination shall include: (1) A description of the proposed operation, including a statement of the types of service and of the geographic area, and the agencies or parts of agencies to be served. (2) The name of the executive agency designated to be responsible for operating the pool or system, and the reasons for such designation. (3) A statement indicating the motor vehicles and related equipment and supplies to be transferred and the amount of reimbursement, if any, to be made therefor. (b) Each determination shall be accompanied by an analytical justification which shall include a comparison of estimated costs of the present and proposed methods of operation and a showing of the estimated savings to be realized through the establishment of the proposed pool or system. The justification shall also describe the alternatives considered in making the determination, and shall include a statement concerning the availability of privately-owned facilities and equipment, and the feasibility and estimated cost (immediate and long-term) of using such facilities and equipment. (c) The Administrator shall send a copy of each determination to each executive agency affected and to the Director of the Bureau of the Budget [now the Director of the Office of Management and Budget] (hereinafter referred to as the Director). Sec. 4. Transfers of records, facilities, personnel, and appropriations. Whenever the Administrator prepares a determination as set forth in section 3 of these regulations, he shall also prepare and present to the Director a schedule of the proposed transfer of such records, facilities, personnel, and appropriations as relate primarily to the functions which are to be transferred to the interagency motor-vehicle pool or system. A copy of such schedule shall be sent by the Administrator to each executive agency affected. The Director shall determine the records, facilities, personnel, and appropriations to be transferred. Sec. 5. Taking effect of determinations. Unless a greater time is allowed therein, any determination made by the Administrator shall become binding on all affected executive agencies forty-five days after the issuance thereof except with respect to any agency which appeals, or requests an exemption, from any such determination in accordance with section 6 of these regulations. Sec. 6. Review of determinations not agreed to by agencies affected. (a) Any executive agency may appeal or request exemption from any or all proposals affecting it which are contained in a determination. Appeals shall be submitted in writing to the Director with a copy to the Administrator within forty-five days from the date of the determination. Such appeals shall be accompanied by factual and objective supporting data and justification. (b) The Director shall review any determination from which an executive agency has appealed and shall make a final decision on such appeal. The Director shall make such decisions, within seventy- five days after he receives the appeal or as soon thereafter as practicable, on the basis of information contained in the Administrator's determination, the executive agencies' appeals therefrom, and any supplementary data submitted by the Administrator and the contesting agencies. The Director shall send copies of decisions to the Administrator and to the heads of other executive agencies concerned. (c) The Director's decision upon each such appeal, if it holds that the determination shall apply in whole or in part to the appealing agency, shall state the extent to which the determination applies and the effective date of its application. To the extent that the Director's decision on an appeal does not uphold the Administrator's determination, such determination shall be of no force and effect. Sec. 7. Compliance with determinations and decisions on appeals. (a) When a determination or a decision on an appeal made in accordance with these regulations has become effective, each executive agency affected shall comply therewith. (b) The Director shall take such actions as he deems appropriate to assist in securing compliance with determinations which have become effective. In the exercise of this authority to establish reserves in apportioning appropriations and funds, the Director shall take account of such savings as accrue from the establishment of inter-agency motor-vehicle pools and systems. (c) The executive agency which operates any pool or system established hereunder shall maintain accurate records of the cost of establishment, maintenance, and operation of any interagency motor-vehicle pool or system established pursuant to these regulations. (d) The Administrator shall be responsible for maintaining adequate reviews and controls of the economy and efficiency of all pools or systems established in accordance with these regulations, including those not directly operated by the General Services Administration. Sec. 8. Discontinuance or curtailment of service. (a) If, during any reasonable period, not exceeding two successive fiscal years, no actual savings are realized from the operation of any pool or system established hereunder, the Administrator shall discontinue the pool or system concerned. (b) The Administrator may discontinue or curtail a motor-vehicle pool or system when he determines that it is not the most economical method of rendering required motor-vehicle service; but he shall give at least sixty days notice of such intention to executive agencies affected and to the Director before taking such action. (c) Executive agencies affected by a pool or system for which the Administrator is responsible (including inter-agency pools or systems operated by another executive agency designated by the Administrator) may bring problems of service and cost to the attention of the Administrator, who shall assure that such problems receive proper attention. (d) Executive agencies receiving motor-vehicle services from an interagency motor-vehicle pool or system under these regulations may request discontinuance or curtailment of their participation in such pool or system after at least one year of participation or in the event that the need for the services from the pool or system ceases. Such requests shall be submitted to the Administrator with pertinent factual justification. (e) If the Administrator does not agree with such request and is unable to make arrangements which are mutually acceptable to him and to the head of the executive agency concerned, the agency's request for discontinuance or modification and the Administrator's reasons for not agreeing with the request shall be forwarded to the Director who shall be responsible for making a final and binding decision. (f) When a pool or system is discontinued or curtailed, such transfers of vehicles and related equipment and supplies, personnel, records, facilities, and funds as may be appropriate will be made, subject to the approval of the Director. Sec. 9. Motor vehicles exempted from inclusion in interagency motor-vehicle pools. The following-described classes of motor vehicles shall be exempt from inclusion in interagency motor- vehicle pools or systems: (1) Motor vehicles designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot. (2) Any motor vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties: Provided, that vehicles regularly used for common administrative purposes not directly connected with the performance of law enforcement, investigative, or intelligence duties shall not because of such use be exempted from such inclusion. (3) Any motor vehicle the conspicuous identification of which as a Government vehicle would interfere with the purpose for which it is acquired and used. (4) Unless inclusion is mutually agreed upon by the Administrator and the head of the agency concerned: (i) Motor vehicles for the use of the heads of the executive agencies, ambassadors, ministers, charge d'affaires, and other principal diplomatic and consular officials. (ii) Motor vehicles regularly and principally used for the transportation of diplomats and representatives of foreign countries or by officers of the Department of State for the conduct of official business with representatives of foreign countries. (iii) Motor vehicles regularly used for the distribution and transportation of mails. (5) Motor vehicles which, because of their design or the special purposes for which they are used, or for other reasons, cannot advantageously be incorporated in an interagency motor-vehicle pool or system if the exemption thereof has been mutually agreed upon by the Administrator and the head of the executive agency concerned. (6) Motor vehicles exempted by an agency which has authority to make such an exemption under the provisions of the Act [probably means the Federal Property and Administrative Services Act of 1949, now chapters 1 to 11 of this title and title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)]. Sec. 10. Optional use arrangements. Nothing in these regulations shall be construed as precluding the establishment or operation of interagency motor-vehicle pools or systems on the basis of optional use by executive or other Federal agencies. Sec. 11. Supplementary regulations. The Administrator shall, after consultation with the executive agencies concerned and with due regard to their program activities, issue such supplementary regulations of general applicability to the executive agencies concerned as are necessary for the effective and economical operation of pools or systems under the Act [probably means the Federal Property and Administrative Services Act of 1949]. Dwight D. Eisenhower. -End- -CITE- 40 USC Sec. 602 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 602. Authority to establish motor vehicle pools and transportation systems -STATUTE- (a) In General. - Subject to section 603 of this title, and regulations issued under section 603, the Administrator of General Services shall - (1) take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies; (2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and (3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers. (b) Methods of Providing Vehicles and Services. - As determined by the Administrator, motor vehicles and related services may be furnished by providing an agency with - (1) Federal Government-owned motor vehicles; (2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or (3) both. (c) Recipients of Vehicles and Services. - The Administrator shall, so far as practicable, furnish motor vehicles and related services under this section to any federal agency, mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, on its request. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1121.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 602 40:491(b) (related June 30, 1949, ch. 288, to establishment). title II, Sec. 211(b) (related to establishment), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1126. -------------------------------------------------------------------- Subsection (a)(1) is substituted for "in respect of executive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agencies" for clarity and to eliminate unnecessary words. In subsection (c), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 211(b) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. -End- -CITE- 40 USC Sec. 603 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 603. Process for establishing motor vehicle pools and transportation systems -STATUTE- (a) Determination Requirement. - (1) In general. - The Administrator of General Services may carry out section 602 only if the Administrator determines, after consultation with the agencies concerned and with due regard to their program activities, that doing so is advantageous to the Federal Government in terms of economy, efficiency, or service. (2) Elements of the determination. - A determination under this section must be in writing. For each motor vehicle pool or system, the determination must set forth an analytical justification that includes - (A) a detailed comparison of estimated costs for present and proposed modes of operation; and (B) a showing that savings can be realized by the establishment, maintenance, and operation of a motor vehicle pool or system. (b) Regulations Related to Establishment. - (1) In general. - The President shall prescribe regulations establishing procedures to carry out section 602 of this title. (2) Elements of the regulations. - The regulations shall provide for - (A) adequate notice to an executive agency of any determination that affects the agency or its functions; (B) independent review and decision as directed by the President of any determination disputed by an agency, with the possibility that the decision may include a partial or complete exemption of the agency from the determination; and (C) enforcement of determinations that become effective under the regulations. (3) Effect of the regulations. - A determination under subsection (a) is binding on an agency only as provided in regulations issued under this subsection. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1122.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 603(a)(1) 40:491(b) (related June 30, 1949, ch. 288, to determination). title II, Sec. 211(b) (related to determination), (c), (e), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1126. 603(a)(2) 40:491(e). 603(b) 40:491(c). -------------------------------------------------------------------- In subsection (b)(1), the words "within ninety days after the effective date of this section" are omitted as obsolete. -End- -CITE- 40 USC Sec. 604 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 604. Treatment of assets taken over to establish motor vehicle pools and transportation systems -STATUTE- (a) Reimbursement. - (1) Requirement. - When the Administrator of General Services takes over motor vehicles or related equipment or supplies under section 602 of this title, reimbursement is required if the property is taken over from - (A) a Government corporation; or (B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law. (2) Amount. - The Administrator shall reimburse a Government corporation, or a fund through which an agency acquired property, by an amount equal to the fair market value of the property. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the Government corporation or the fund shall reimburse the Administrator by an amount equal to the fair market value of the property returned. (b) Addition to Acquisition Services Fund. - If the Administrator takes over motor vehicles or related equipment or supplies under section 602 of this title but reimbursement is not required under subsection (a), the value of the property taken over, as determined by the Administrator, may be added to the capital of the Acquisition Services Fund. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the value of the property may be deducted from the Fund. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1122; Pub. L. 109-313, Sec. 3(h)(5), Oct. 6, 2006, 120 Stat. 1736.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 604(a) 40:491(g). June 30, 1949, ch. 288, title II, Sec. 211(g), (h), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1128. 604(b) 40:491(h). -------------------------------------------------------------------- AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-313 substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as a note under section 5316 of Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 605 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 605. Payment of costs -STATUTE- (a) Use of Acquisition Services Fund To Cover Costs. - The Acquisition Services Fund provided for in section 321 of this title is available for use by or under the direction and control of the Administrator of General Services to pay the costs of carrying out section 602 of this title, including the cost of purchasing or renting motor vehicles and related equipment and supplies. (b) Setting Prices To Recover Costs. - (1) In general. - The Administrator shall set prices for furnishing motor vehicles and related services under section 602 of this title. Prices shall be set to recover, so far as practicable, all costs of carrying out section 602 of this title. (2) Increment for replacement cost. - In the Administrator's discretion, prices may include an increment for the estimated replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f) of this title, the increment may be retained as a part of the capital of the Acquisition Services Fund but is available only to replace motor vehicles and related equipment and supplies. (c) Accounting Method. - The purchase price of motor vehicles and related equipment, and any increment for estimated replacement cost, shall be recovered only through charges for the cost of amortization. Costs shall be determined, and financial reports prepared, in accordance with the accrual accounting method. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1123; Pub. L. 109-313, Sec. 3(h)(6), Oct. 6, 2006, 120 Stat. 1736.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 605 40:491(d). June 30, 1949, ch. 288, title II, Sec. 211(d), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1127; Pub. L. 95-506, Oct. 24, 1978, 92 Stat. 1756. -------------------------------------------------------------------- AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-313, Sec. 3(h)(6)(A), substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text. Subsec. (b)(2). Pub. L. 109-313, Sec. 3(h)(6)(B), substituted "321(f)" for "321(f)(1)" and "Acquisition Services Fund" for "General Supply Fund". EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109-313, set out as a note under section 5316 of Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 606 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 606. Regulations related to operation -STATUTE- (a) In General. - The Director of the Office of Personnel Management shall prescribe regulations to govern executive agencies in authorizing civilian personnel to operate Federal Government- owned motor vehicles for official purposes within the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Elements of the Regulations. - The regulations shall prescribe standards of physical fitness for authorized operators. The regulations may require operators and prospective operators to obtain state and local licenses or permits that are required to operate similar vehicles for other than official purposes. (c) Agency Orders. - The head of each executive agency shall issue orders and directives necessary for compliance with the regulations. The orders and directives shall provide for - (1) periodically testing the physical fitness of operators and prospective operators; and (2) suspension and revocation of authority to operate. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1123.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 606 40:491(j). June 30, 1949, ch. 288, title II, Sec. 211(j), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1128; Pub. L. 86-624, Sec. 27(b), July 12, 1960, 74 Stat. 418. -------------------------------------------------------------------- In subsection (a), the words "Director of the Office of Personnel Management" are substituted for "United States Civil Service Commission" in section 211(j) of the Federal Property and Administrative Services Act of 1949 because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783). The words "territories and" are added for consistency in the revised title and with other titles of the United States Code. -End- -CITE- 40 USC Sec. 607 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 607. Records -STATUTE- The Administrator of General Services shall maintain an accurate record of the cost of establishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 607 40:491(f) (1st June 30, 1949, ch. 288, sentence). title II, Sec. 211(f) (1st sentence), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1127. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 608 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 608. Scrip, tokens, tickets -STATUTE- The Administrator of General Services, in the operation of motor vehicle pools or systems under this subchapter, may provide for the sale and use of scrip, tokens, tickets, and similar devices to collect payment. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 608 40:491(i). June 30, 1949, ch. 288, title II, Sec. 211(i), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1128. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 609 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 609. Identification of vehicles -STATUTE- (a) In General. - Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official purposes within the United States, or the territories or possessions of the United States, by any federal agency or by the District of Columbia shall be conspicuously identified by showing, on the vehicle - (1)(A) the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for which the vehicle is used; or (B) a title that readily identifies the department, establishment, corporation, or agency that uses the vehicle and that is descriptive of the service for which the vehicle is used; and (2) the legend "For official use only". (b) Exceptions. - The regulations prescribed pursuant to this section may provide for exemptions when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 609 40:491(k). June 30, 1949, ch. 288, title II, Sec. 211(k), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1128. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 610 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 610. Discontinuance of motor vehicle pool or system -STATUTE- (a) In General. - The Administrator of General Services shall discontinue a motor vehicle pool or system if there are no actual savings realized (based on accounting as provided in section 605 of this title) during a reasonable period of not longer than two successive fiscal years. (b) Return of Comparable Property. - If a motor vehicle pool or system is discontinued, the Administrator shall return to each agency involved motor vehicles and related equipment and supplies similar in kind and reasonably comparable in value to any motor vehicles and related equipment and supplies which were previously taken over by the Administrator. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 610 40:491(f) (last June 30, 1949, ch. 288, sentence). title II, Sec. 211(f) (last sentence), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1127. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 611 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS -HEAD- Sec. 611. Duty to report violations -STATUTE- During the regular course of the duties of the Administrator of General Services, if the Administrator becomes aware of a violation of section 1343, 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the conversion by a Federal Government official or employee of a Government-owned or leased motor vehicle to the official or employee's own use or to the use of others, the Administrator shall report the violation to the head of the agency in which the official or employee is employed, for further investigation and either appropriate disciplinary action under section 1343, 1344, or 1349(b) of title 31 or, if appropriate, referral to the Attorney General for prosecution under section 641 of title 18. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124; Pub. L. 109-284, Sec. 6(7), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 611 40:491(l). June 30, 1949, ch. 288, title II, Sec. 211(l), as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1128. -------------------------------------------------------------------- The words "section 1343, 1344, or 1349(b) of title 31" are substituted for "section 5 of the Act of July 16, 1914, as amended (5 U.S.C. 78)" and "such section 5" in section 211(l) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. AMENDMENTS 2006 - Pub. L. 109-284 inserted "of title 31" after "under section 1343, 1344, or 1349(b)" and "of title 18" after "under section 641". -End- -CITE- 40 USC CHAPTER 7 - FOREIGN EXCESS PROPERTY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 7 - FOREIGN EXCESS PROPERTY -HEAD- CHAPTER 7 - FOREIGN EXCESS PROPERTY -MISC1- Sec. 701. Administrative. 702. Return of foreign excess property to United States. 703. Donation of medical supplies for use in foreign country. 704. Other methods of disposal. 705. Handling of proceeds from disposal. -End- -CITE- 40 USC Sec. 701 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 7 - FOREIGN EXCESS PROPERTY -HEAD- Sec. 701. Administrative -STATUTE- (a) Policies Prescribed by the President. - The President may prescribe policies that the President considers necessary to carry out this chapter. The policies must be consistent with this chapter. (b) Executive Agency Responsibility. - (1) In general. - The head of an executive agency that has foreign excess property is responsible for the disposal of the property. (2) Conformance to policies. - In carrying out functions under this chapter, the head of an executive agency shall - (A) use the policies prescribed by the President under subsection (a) for guidance; and (B) dispose of foreign excess property in a manner that conforms to the foreign policy of the United States. (3) Delegation of authority. - The head of an executive agency may - (A) delegate authority conferred by this chapter to an official in the agency or to the head of another executive agency; and (B) authorize successive redelegation of authority conferred by this chapter. (4) Employment of personnel. - As necessary to carry out this chapter, the head of an executive agency may - (A) appoint and fix the pay of personnel in the United States, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5; and (B) appoint personnel outside the States of the United States and the District of Columbia, without regard to chapter 33 of title 5. (c) Special Responsibilities of Secretary of State. - (1) Use of foreign currencies and credits. - The Secretary of State may use foreign currencies and credits acquired by the United States under section 704(b)(2) of this title - (A) to carry out the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.); (B) to carry out the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.); and (C) to pay other governmental expenses payable in local currencies. (2) Renewal of certain agreements. - Except as otherwise directed by the President, the Secretary of State shall continue to perform functions under agreements in effect on July 1, 1949, related to the disposal of foreign excess property. The Secretary of State may amend, modify, and renew the agreements. Foreign currencies or credits the Secretary of State acquires under the agreements shall be administered in accordance with procedures that the Secretary of the Treasury may establish. Foreign currencies or credits reduced to United States currency must be deposited in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1125.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 701(a) 40:514(a) (words June 30, 1949, ch. 288, before last comma). title IV, Sec. 404, 63 Stat. 398; Pub. L. 86-624, Sec. 27(c), July 12, 1960, 74 Stat. 418; Pub. L. 96-470, title I, Sec. 101(a), Oct. 19, 1980, 94 Stat. 2237. 701(b)(1) 40:511 (words June 30, 1949, ch. 288, before proviso). title IV, Sec. 401, 63 Stat. 397. 40:514(d). 701(b)(2)( 40:514(a) (words A) after last comma). 701(b)(2)( 40:511 (proviso cl. B) (a)). 701(b)(3) 40:514(b). 701(b)(4) 40:514(c). 701(c)(1) 40:511 (proviso cl. (b) (words before "and the authority to amend")[)]. 701(c)(2) 40:511 (proviso cl. (b) (words beginning "and the authority to amend"), (c), (d)). -------------------------------------------------------------------- In subsection (b)(1), the text of 40:514(d) is omitted as executed and obsolete. In subsection (b)(4), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil-service and classification laws", and the words "chapter 33 of title 5" are substituted for "the civil-service laws", because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subclause (A), the words "in the United States" are added for clarity. In subclause (B), provisions related to the heads of executive agencies fixing the compensation of personnel outside the continental limits of the United States that were contained in section 404(c)(2) of the Federal Property and Administrative Services Act of 1949 are omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949 (ch. 782, 63 Stat. 972, 973) repealed the Classification Act of 1923 (ch. 265, 42 Stat. 1488) and all other provisions inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by section 8(a) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 632), the first section of which enacted title 5, United States Code. The Classification Act of 1949 was reenacted as chapter 51 and subchapter III of chapter 53 of title 5. See especially 5:5102 and 5103. In subsection (c)(1), the words "Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.)" are substituted for "section 32(b)(2) of the Surplus Property Act of 1944, as amended" because of section 111(a)(1) and (c) of the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-257, 75 Stat. 538). The words "Foreign Service Buildings Act, 1926" are substituted for "Foreign Service Buildings Act of May 7, 1926, as amended" because of section 8 of the Foreign Service Buildings Act (22:299). The words "(including section 295b of title 22)" are omitted as executed and obsolete. In subsection (c)(2), the words "Secretary of State" are substituted for "Department of State" because of 22:2651. -REFTEXT- REFERENCES IN TEXT The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (c)(1)(A), is Pub. L. 87-256, Sept. 21, 1961, 75 Stat. 527, as amended, which is classified principally to chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of Title 22 and Tables. The Foreign Service Buildings Act, 1926, referred to in subsec. (c)(1)(B), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified generally to chapter 8 (Sec. 292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables. -End- -CITE- 40 USC Sec. 702 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 7 - FOREIGN EXCESS PROPERTY -HEAD- Sec. 702. Return of foreign excess property to United States -STATUTE- (a) In General. - Under regulations prescribed pursuant to subsection (b), foreign excess property may be returned to the United States for handling as excess or surplus property under subchapter II of chapter 5 of this title or section 549 or 551 of this title when the head of the executive agency concerned, or the Administrator of General Services after consultation with the agency head, determines that return of the property to the United States for such handling is in the interest of the United States. (b) Regulations. - The Administrator shall prescribe regulations to carry out this section. The regulations must require that transportation costs for returning foreign excess property to the United States are paid by the federal agency, state agency, or donee receiving the property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 702 40:512(c). June 30, 1949, ch. 288, title IV, Sec. 402(c), as added Pub. L. 91-426, Sec. 2(d), Sept. 26, 1970, 84 Stat. 883; Pub. L. 94-519, Sec. 4, Oct. 17, 1976, 90 Stat. 2455. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 703 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 7 - FOREIGN EXCESS PROPERTY -HEAD- Sec. 703. Donation of medical supplies for use in foreign country -STATUTE- (a) Application. - This section applies to medical materials or supplies that are in a foreign country but that would, if situated within the United States, be available for donation under subchapter III of chapter 5 of this title. (b) In General. - An executive agency may donate medical materials or supplies that are not disposed of under section 702 of this title. (c) Conditions. - A donation under this section is subject to the following conditions: (1) The medical materials and supplies must be donated for use in a foreign country. (2) The donation must be made to a nonprofit medical or health organization, which may be an organization qualified to receive assistance under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22 U.S.C. 2174(b), 2357). (3) The donation must be made without cost to the donee (except for costs of care and handling). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 703 40:512(b). June 30, 1949, ch. 288, title IV, Sec. 402(b), as added Pub. L. 91-426, Sec. 2(d), Sept. 26, 1970, 84 Stat. 883. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 704 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 7 - FOREIGN EXCESS PROPERTY -HEAD- Sec. 704. Other methods of disposal -STATUTE- (a) In General. - Foreign excess property not disposed of under section 702 or 703 of this title may be disposed of as provided in this section. (b) Methods of Disposal. - (1) Sale, exchange, lease, or transfer. - The head of an executive agency may dispose of foreign excess property by sale, exchange, lease, or transfer, for cash, credit or other property, with or without warranty, under terms and conditions the head of the executive agency considers proper. (2) Exchange for foreign currency or credit. - If the head of an executive agency determines that it is in the interest of the United States, foreign excess property may be exchanged for - (A) foreign currencies or credits; or (B) substantial benefits or the discharge of claims resulting from the compromise or settlement of claims in accordance with law. (3) Abandonment, destruction, or donation. - The head of an executive agency may authorize the abandonment, destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale. (c) Advertising. - The head of an executive agency may dispose of foreign excess property without advertising if the head of the executive agency finds that disposal without advertising is the most practicable and advantageous means for the Federal Government to dispose of the property. (d) Transfer of Title. - The head of an executive agency may execute documents to transfer title or other interests in, and take other action necessary or proper to dispose of, foreign excess property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 704 40:512(a). June 30, 1949, ch. 288, title IV, Sec. 402(a), 63 Stat. 398; Pub. L. 91-426, Sec. 2(a)-(c), Sept. 26, 1970, 84 Stat. 883; Pub. L. 99-627, Sec. 3(a), Nov. 7, 1986, 100 Stat. 3509. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 705 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 7 - FOREIGN EXCESS PROPERTY -HEAD- Sec. 705. Handling of proceeds from disposal -STATUTE- (a) In General. - This section applies to proceeds from the sale, lease, or other disposition of foreign excess property under this chapter. (b) Foreign Currencies or Credits. - Proceeds in the form of foreign currencies or credits, must be administered in accordance with procedures that the Secretary of the Treasury may establish. (c) United States Currency. - (1) Separate fund in treasury. - Section 572(a) of this title applies to proceeds of foreign excess property disposed of for United States currency under this chapter. (2) Deposited in treasury as miscellaneous receipts. - Except as provided in paragraph (1), proceeds in the form of United States currency, including foreign currencies or credits that are reduced to United States currency, must be deposited in the Treasury as miscellaneous receipts. (d) Special Account for Refunds or Payments for Breach. - (1) Deposits. - A federal agency that disposes of foreign excess property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit - (A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and (B) payments for breach of warranty. (2) Withdrawals. - A federal agency that deposits proceeds in a special account under paragraph (1) may withdraw amounts to be refunded or paid from the account without regard to the origin of the amounts withdrawn. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1127.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 705 40:513. June 30, 1949, ch. 288, title IV, Sec. 403, 63 Stat. 398. -------------------------------------------------------------------- In subsection (d)(1), the words "in the Treasury" are substituted for "with the Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as section 321 of title 31. -End- -CITE- 40 USC CHAPTER 9 - URBAN LAND USE 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 9 - URBAN LAND USE -HEAD- CHAPTER 9 - URBAN LAND USE -MISC1- Sec. 901. Purpose and policy. 902. Definitions. 903. Acquisition and use. 904. Disposal. 905. Waiver. -End- -CITE- 40 USC Sec. 901 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 9 - URBAN LAND USE -HEAD- Sec. 901. Purpose and policy -STATUTE- The purpose of this chapter is to promote harmonious intergovernmental relations and encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures for the Administrator of General Services to acquire, use, and dispose of land in urban areas. To the greatest extent practicable, urban land transactions entered into for the General Services Administration and other federal agencies shall be consistent with zoning and land use practices and with the planning and development objectives of local governments and planning agencies. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1127.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 901 40:531. June 30, 1949, ch. 288, title VIII, Sec. 802, as added Pub. L. 90-577, title V, Sec. 501, Oct. 16, 1968, 82 Stat. 1104. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 902 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 9 - URBAN LAND USE -HEAD- Sec. 902. Definitions -STATUTE- In this chapter, the following definitions apply: (1) Unit of general local government. - The term "unit of general local government" means a city, county, town, parish, village, or other general-purpose political subdivision of a State. (2) Urban area. - The term "urban area" means - (A) a geographical area within the jurisdiction of an incorporated city, town, borough, village, or other unit of general local government, except a county or parish, having a population of at least 10,000 inhabitants; (B) that portion of the geographical area within the jurisdiction of a county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density of at least 1,500 inhabitants per square mile; and (C) that portion of a geographical area having a population density of at least 1,500 inhabitants per square mile and situated adjacent to the boundary of an incorporated unit of general local government which has a population of at least 10,000. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 902 40:535(a), (b). June 30, 1949, ch. 288, title VIII, Sec. 806(a), (b), as added Pub. L. 90-577, title V, Sec. 501, Oct. 16, 1968, 82 Stat. 1105. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 903 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 9 - URBAN LAND USE -HEAD- Sec. 903. Acquisition and use -STATUTE- (a) Notice to Local Government. - To the extent practicable, before making a commitment to acquire real property situated in an urban area, the Administrator of General Services shall give notice of the intended acquisition and the proposed use of the property to the unit of general local government exercising zoning and land use jurisdiction. If the Administrator determines that providing advance notice would adversely impact the acquisition, the Administrator shall give notice of the acquisition and the proposed use of the property immediately after the property is acquired. (b) Objections to Acquisition or Change of Use. - In the acquisition or change of use of real property situated in an urban area as a site for public building, if the unit of general local government exercising zoning and land use jurisdiction objects on grounds that the proposed acquisition or change of use conflicts with zoning regulations or planning objectives, the Administrator shall, to the extent the Administrator determines is practicable, consider all the objections and comply with the zoning regulations and planning objectives. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 903 40:533. June 30, 1949, ch. 288, title VIII, Sec. 804, as added Pub. L. 90-577, title V, Sec. 501, Oct. 16, 1968, 82 Stat. 1105. -------------------------------------------------------------------- In subsection (b), the words "and conform to" are omitted as included in "comply with". -End- -CITE- 40 USC Sec. 904 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 9 - URBAN LAND USE -HEAD- Sec. 904. Disposal -STATUTE- (a) Notice to Local Government. - Before offering real property situated in an urban area for sale, the Administrator of General Services shall give reasonable notice to the unit of general local government exercising zoning and land use jurisdiction in order to provide an opportunity for zoning so that the property is used in accordance with local comprehensive planning described in subsection (c). (b) Notice to Prospective Purchasers. - To the greatest extent practicable, the Administrator shall furnish to all prospective purchasers of real property situated in an urban area complete information concerning - (1) current zoning regulations, prospective zoning requirements, and objectives for property if it is unzoned; and (2)(A) the current availability of streets, sidewalks, sewers, water, street lights, and other service facilities; and (B) the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c). (c) Local Comprehensive Planning. - Local comprehensive planning referred to in subsections (a) and (b) includes any of the following activities, to the extent the activity is directly related to the needs of a unit of general local government: (1) As a guide for government policy and action, preparing general plans related to - (A) the pattern and intensity of land use; (B) the provision of public facilities (including transportation facilities) and other government services; and (C) the effective development and use of human and natural resources. (2) Preparing long-range physical and fiscal plans for government action. (3) Programming capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program. (4) Coordinating related plans and activities of state and local governments and agencies. (5) Preparing regulatory and administrative measures to support activities described in this subsection. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1128.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 904(a), (b) 40:532. June 30, 1949, ch. 288, title VIII, Secs. 803, 806(c), as added Pub. L. 90-577, title V, Sec. 501, Oct. 16, 1968, 82 Stat. 1105. 904(c) 40:535(c). -------------------------------------------------------------------- In subsection (a), the words "Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of" and "such land" are omitted as unnecessary. The words "the head of the governing body of" are omitted for consistency in the chapter. The words "exercising zoning and land-use jurisdiction" are substituted for "having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located" to eliminate unnecessary words and for consistency in the chapter. In subsection (c)(2), the word "Preparing" is added for clarity. -End- -CITE- 40 USC Sec. 905 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 9 - URBAN LAND USE -HEAD- Sec. 905. Waiver -STATUTE- The procedures prescribed in sections 903 and 904 of this title may be waived during a period of national emergency proclaimed by the President. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 905 40:534. June 30, 1949, ch. 288, title VIII, Sec. 805, as added Pub. L. 90-577, title V, Sec. 501, Oct. 16, 1968, 82 Stat. 1105. -------------------------------------------------------------------- -End- -CITE- 40 USC CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS -HEAD- CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS -MISC1- Sec. 1101. Policy. 1102. Definitions. 1103. Selection procedure. 1104. Negotiation of contract. -End- -CITE- 40 USC Sec. 1101 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS -HEAD- Sec. 1101. Policy -STATUTE- The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1101 40:542. June 30, 1949, ch. 288, title IX, Sec. 902, as added Pub. L. 92-582, Oct. 27, 1972, 86 Stat. 1279. -------------------------------------------------------------------- The words "The Congress hereby declares" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 1102 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS -HEAD- Sec. 1102. Definitions -STATUTE- In this chapter, the following definitions apply: (1) Agency head. - The term "agency head" means the head of a department, agency, or bureau of the Federal Government. (2) Architectural and engineering services. - The term "architectural and engineering services" means - (A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph; (B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and (C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services. (3) Firm. - The term "firm" means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1102 40:541. June 30, 1949, ch. 288, title IX, Sec. 901, as added Pub. L. 92-582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100-656, title VII, Sec. 742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100-679, Sec. 8, Nov. 17, 1988, 102 Stat. 4068. -------------------------------------------------------------------- In clause (1), the words "Secretary, Administrator, or" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 1103 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS -HEAD- Sec. 1103. Selection procedure -STATUTE- (a) In General. - These procedures apply to the procurement of architectural and engineering services by an agency head. (b) Annual Statements. - The agency head shall encourage firms to submit annually a statement of qualifications and performance data. (c) Evaluation. - For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services. (d) Selection. - From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1103 40:543. June 30, 1949, ch. 288, title IX, Sec. 903, as added Pub. L. 92-582, Oct. 27, 1972, 86 Stat. 1279. -------------------------------------------------------------------- In subsection (b), the words "engaged in the lawful practice of their profession" are omitted as unnecessary because of the definition of "firm" in section 1102 of the revised title. In subsection (c), the words "compare alternative methods for furnishing services" are substituted for "the relative utility of alternative methods of approach for furnishing the required services" to eliminate unnecessary words. ARCHITECTURAL AND ENGINEERING SERVICES Pub. L. 108-136, div. A, title XIV, Sec. 1427(b), Nov. 24, 2003, 117 Stat. 1670, provided that: "Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award schedule contracts entered into by the Administrator of General Services or under Governmentwide task and delivery order contracts entered into under sections 2304a and 2304b of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h and 253i) unless such services - "(1) are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be performed; and "(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code." -End- -CITE- 40 USC Sec. 1104 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS -HEAD- Sec. 1104. Negotiation of contract -STATUTE- (a) In General. - The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered. (b) Order of Negotiation. - The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1104 40:544. June 30, 1949, ch. 288, title IX, Sec. 904, as added Pub. L. 92-582, Oct. 27, 1972, 86 Stat. 1279. -------------------------------------------------------------------- -End- -CITE- 40 USC CHAPTER 13 - PUBLIC PROPERTY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- CHAPTER 13 - PUBLIC PROPERTY -MISC1- Sec. 1301. Charge of property transferred to the Federal Government. 1302. Lease of buildings. 1303. Disposition of surplus real property. 1304. Transfer of federal property to States. 1305. Disposition of land acquired by devise. 1306. Disposition of abandoned or forfeited personal property. 1307. Disposition of securities. 1308. Disposition of unfit horses and mules. 1309. Preservation, sale, or collection of wrecked, abandoned, or derelict property. 1310. Sale of war supplies, land, and buildings. 1311. Authority of President to obtain release. 1312. Release of real estate in certain cases. 1313. Releasing property from attachment. 1314. Easements. 1315. Law enforcement authority of Secretary of Homeland Security for protection of public property. AMENDMENTS 2002 - Pub. L. 107-296, title XVII, Sec. 1706(b)(3), Nov. 25, 2002, 116 Stat. 2318, added item 1315 and struck out former item 1315 "Special police". -End- -CITE- 40 USC Sec. 1301 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1301. Charge of property transferred to the Federal Government -STATUTE- (a) In General. - Except as provided in subsection (b), the Administrator of General Services shall have charge of - (1) all land and other property which has been or may be assigned, set off, or conveyed to the Federal Government in payment of debts; (2) all trusts created for the use of the Government in payment of debts due the Government; and (3) the sale and disposal of land - (A) assigned or set off to the Government in payment of debt; or (B) vested in the Government by mortgage or other security for the payment of debts. (b) Nonapplication. - This section does not apply to - (1) real estate which has been or shall be assigned, set off, or conveyed to the Government in payment of debts arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or (2) trusts created for the use of the Government in payment of debts arising under the Code and due the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1301 40:301. R.S. Sec. 3750; Pub. L. 89-30, Sec. 2, June 2, 1965, 79 Stat. 119. -------------------------------------------------------------------- In subsection (a), the words "Except as provided in subsection (b)" are added for clarity. In subsection (b)(1), the words "the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)" are substituted for "the internal- revenue laws" for clarity and for consistency in the revised title and with other titles of the United States Code. -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (b)(1), is classified to Title 26, Internal Revenue Code. -End- -CITE- 40 USC Sec. 1302 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1302. Lease of buildings -STATUTE- Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1302 40:303b. June 30, 1932, ch. 314, Sec. 321, 47 Stat. 412. -------------------------------------------------------------------- The words "On and after June 30, 1932" are omitted as obsolete. -End- -CITE- 40 USC Sec. 1303 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1303. Disposition of surplus real property -STATUTE- (a) Definition. - In this section, the term "federal agency" means an executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly owned Government corporations. (b) Assignment of Space or Lease or Sale of Property. - (1) Actions of administrator. - When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator - (A) may assign space in the property to any federal agency; (B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or (C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest. (2) Review of decision to assign space. - If the federal agency to which space is assigned does not desire to occupy the space, the decision of the Administrator under paragraph (1)(A) is subject to review by the President. (3) Negotiated sale. - If no bids which are satisfactory as to price and responsibility of the bidder are received as a result of public advertisement, the Administrator may sell the property by negotiation, on terms as may be considered to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder. (c) Demolition. - The Administrator may demolish any building declared to be surplus to the needs of the Government under this section on deciding that demolition will be in the best interest of the Government. Before proceeding with the demolition, the Administrator shall inform the Secretary of the Interior in writing of the Administrator's intention to demolish the building, and shall not proceed with the demolition until receiving written notice from the Secretary that the building is not an historic building of national significance within the meaning of the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act). If the Secretary does not notify the Administrator of the Secretary's decision as to whether the building is an historic building of national significance within 90 days of the receipt of the notice of intention to demolish the building, the Administrator may proceed to demolish the building. (d) Repairs and Alterations to Assigned Real Property. - When the Administrator, after investigation, decides that real property referred to in subsection (b) should be used for the accommodation of a federal agency, the Administrator may make any repairs or alterations that the Administrator considers necessary or advisable and may maintain and operate the property. (e) Payment by Federal Agencies. - (1) Assigned real property. - To the extent that the appropriations of the General Services Administration not otherwise allocated are inadequate for repairs, alterations, maintenance, or operation, the Administrator may require each federal agency to which space has been assigned to pay promptly by check to the Administrator out of its appropriation for rent any part of the estimated or actual cost of the repairs, alterations, maintenance, and operation. Payment may be either in advance of, or on or during, occupancy of the space. The Administrator shall determine and equitably apportion the total amount to be paid among the agencies to whom space has been assigned. (2) Leased spaces. - To the extent that the appropriations of the Administration not otherwise required are inadequate, the Administrator may require each federal agency to which leased space has been assigned to pay promptly by check to the Administrator out of its available appropriations any part of the estimated cost of rent, repairs, alterations, maintenance, operation, and moving. Payment may be either in advance or during occupancy of the space. When space in a building is occupied by two or more agencies, the Administrator shall determine and equitably apportion rental, operation, and other charges on the basis of the total amount of space leased. (f) Authorization of Appropriations. - Necessary amounts may be appropriated to cover the costs incident to the sale or lease of real property, or authorized demolition of buildings on the property, declared to be surplus to the needs of any federal agency under this section, and the care, maintenance, and protection of the property, including pay of employees, travel of Government employees, brokers' fees not in excess of rates paid for similar services in the community where the property is situated, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges. However, the agency remains responsible for the proper care, maintenance, and protection of the property until the Administrator assumes custody or other disposition of the property is made. (g) Regulations. - The Administrator may prescribe regulations as necessary to carry out this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1303(a) 40:304e. Aug. 27, 1935, ch. 744, Sec. 5, 49 Stat. 886. 1303(b) 40:304a. Aug. 27, 1935, ch. 744, Sec. 1, 49 Stat. 885; July 18, 1940, ch. 635, Secs. 1, 3, 54 Stat. 764, 765. 1303(c) 40:304a-2. Aug. 27, 1935, ch. 744, Secs. 6, 7, as added July 18, 1940, ch. 635, Sec. 2, 54 Stat. 764. 1303(d) 40:304b (1st Aug. 27, 1935, ch. 744, Sec. sentence). 2, 49 Stat. 886; July 18, 1940, ch. 635, Sec. 3, 54 Stat. 765; June 14, 1946, ch. 404, Sec. 4, 60 Stat. 257. 1303(e)(1) 40:304b (last sentence). 1303(e)(2) 40:304c. Aug. 27, 1935, ch. 744, Sec. 3, 49 Stat. 886; July 18, 1940, ch. 635, Sec. 3, 54 Stat. 765; June 14, 1946, ch. 404, Sec. 4, 60 Stat. 257; Pub. L. 85-493, Sec. 2, July 2, 1958, 72 Stat. 294. 1303(f) 40:304a-1. 1303(g) 40:304d. Aug. 27, 1935, ch. 744, Sec. 4, 49 Stat. 886; July 18, 1940, ch. 635, Sec. 3, 54 Stat. 765. -------------------------------------------------------------------- In this chapter, the words "Administrator of General Services" are substituted for "Federal Works Administrator" and "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In subsection (a), the words "wholly owned Government corporations" are substituted for "corporations wholly owned by the United States" for consistency in the revised title and with other titles of the United States Code. In subsection (b)(1), before subclause (A), the words "Notwithstanding any other provision of law", "heretofore or hereafter", and "by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner" are omitted as unnecessary. In subclause (A), the words "or reassign" are omitted as unnecessary. In subsection (e), the words "General Services Administration", "Administrator", and "Administration" are substituted for "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In subsection (f), the words "as hereinafter" are omitted as obsolete. The words "which have been or may hereafter be" and "notwithstanding any declaration that the same is in excess of its needs" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Historic Sites, Buildings, and Antiquities Act, referred to in subsec. (c), is the popular name for act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, also known as the Historic Sites Act of August 21, 1935, which is classified generally to sections 461 to 467 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 461 of Title 16 and Tables. -End- -CITE- 40 USC Sec. 1304 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1304. Transfer of federal property to States -STATUTE- (a) Obsolete Buildings and Sites. - (1) In general. - The Administrator of General Services, in the Administrator's discretion, on terms the Administrator considers proper, and under regulations the Administrator may prescribe, may sell property described in paragraph (2) to a State or a political subdivision of a State for public use if the Administrator considers the sale to be in the best interest of the Federal Government. (2) Applicable property. - The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrator's control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government. (3) Price. - The purchase price for a sale under this section must be at least 50 percent of the value of the land as appraised by the Administrator. (4) Proceeds of sale. - The proceeds of a sale under this section shall be deposited in the Treasury as miscellaneous receipts. (5) Payment terms. - The Administrator may enter into a long term contract for the payment of the purchase price in installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest charges on deferred payment. (6) Conveyance. - The Administrator may convey property sold under this section by the usual quitclaim deed. (b) Widening of Public Roads. - (1) Definition. - In this subsection, the term "executive agency" means an executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (2) In general. - When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government. (3) Limitation on transfers for highway purposes. - An interest in real property which can be transferred to a State or a political subdivision of a State for highway purposes under title 23 may not be conveyed or transferred under this subsection. (4) Limitation on issuance of rights of way. - Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this subsection. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1133.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1304(a) 40:345b. Aug. 26, 1935, ch. 684, Sec. 1, 49 Stat. 800; Pub. L. 86-608, July 7, 1960, 74 Stat. 363. 1304(b)(1)- 40:345c. Aug. 26, 1935, ch. 684, Sec. (3) 2, as added Pub. L. 86-608, July 7, 1960, 74 Stat. 363. 1304(b)(4) 40:345c note. Pub. L. 94-579, title VII, Sec. 706(a) (related to the Act of July 7, 1960 (Pub. L. 86-608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793. -------------------------------------------------------------------- In subsection (a), the words "Administrator of General Services" and "Administrator" are substituted for "Treasury Department" and "Secretary of the Treasury" in the Act of August 26, 1935 because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words "a State or a political subdivision of a State" are substituted for "States, counties, municipalities, or other duly constituted political subdivisions of States" for consistency with subsection (b). -End- -CITE- 40 USC Sec. 1305 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1305. Disposition of land acquired by devise -STATUTE- The General Services Administration may take custody, for disposal as excess property under this subtitle and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land acquired by the Federal Government by devise. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1305 40:304. Mar. 3, 1903, ch. 1007, [Sec.] 1 (4th complete par. on p. 1112), 32 Stat. 1112; Oct. 31, 1951, ch. 654, Sec. 4(8), 65 Stat. 709. -------------------------------------------------------------------- The words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the word "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The words "as have been or may hereafter be" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -End- -CITE- 40 USC Sec. 1306 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1306. Disposition of abandoned or forfeited personal property -STATUTE- (a) Definitions. - In this section - (1) Agency. - The term "agency" includes any executive department, independent establishment, board, commission, bureau, service, or division of the Federal Government, and any corporation in which the Government owns at least a majority of the stock. (2) Property. - The term "property" means all personal property, including vessels, vehicles, and aircraft. (b) Voluntarily Abandoned Property. - Property voluntarily abandoned to any agency in a way that vests title to the property in the Government may be retained by the agency and devoted to official use only. If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall - (1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (2) order disposal of the property as otherwise provided by law. (c) Forfeited Property. - (1) Agency retains property. - An agency that seizes property that has been forfeited to the Government other than by court decree may retain the property and devote it only to official use instead of disposing of the property as otherwise provided by law if competent authority does not order the property returned to any claimant. (2) Agency does not desire to retain property. - If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator to that effect, and the property - (A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or (B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law. (d) Property Subject to Court Proceeding for Forfeiture. - (1) Notification of administrator. - If a proceeding has begun for the forfeiture of any property by court decree, the agency that seized the property immediately shall notify the Administrator and at the same time may file with the Administrator a request for the property for its official use. (2) Application for court order to deliver property. - (A) In general. - Before entry of a decree, the Administrator shall apply to the court to order delivery of the property in accordance with this paragraph. (B) Delivery to seizing agency. - If the agency that seized the property files a request for the property under paragraph (1), the Administrator shall apply to the court to order delivery of the property to the agency that seized the property. (C) Delivery to other requesting agency. - If the agency that seized the property does not file a request for the property under paragraph (1) but another agency requests the property, the Administrator shall apply to the court to order delivery of the property to the requesting agency if the Administrator believes that the requesting agency should be given the property. (D) Delivery to seizing agency for temporary holding. - If application to the court cannot be made under subparagraph (B) or (C) and the Administrator believes the property may later become necessary to any agency for official use, the Administrator shall apply to the court to order delivery of the property to the agency that seized the property, to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to - (i) deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or (ii) dispose of the property as otherwise provided by law. (3) Forfeiture decreed. - If forfeiture is decreed and the property is not ordered by competent authority to be returned to any claimant, the court shall order delivery as provided in paragraph (2). (4) When no application made. - The court shall dispose of property for which no application is made in accordance with law. (e) Retention or Delivery of Property Deemed Sale. - Retention or delivery of forfeited or abandoned property under this section is deemed to be a sale of the property for the purpose of laws providing for informer's fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed for official use shall be disposed of in the same manner as other surplus property. (f) Payment of Costs Related to Property. - (1) Availability of appropriations. - The appropriation available to an agency for the purchase, hire, operation, maintenance, and repair of any property is available for - (A) the payment of expenses of operation, maintenance, and repair of property of the same kind the agency receives under this section for official use; (B) the payment of a lien recognized and allowed under law; (C) the payment of amounts found to be due a person on the authorized remission or mitigation of a forfeiture; and (D) reimbursement of other agencies as provided in paragraph (2). (2) Payment and reimbursement of certain costs. - The agency that receives property under this section shall pay the cost of hauling, transporting, towing, and storing the property. If the property is later delivered to another agency for official use under this section, the agency to which the property is delivered shall make reimbursement for all of those costs incurred prior to the date the property is delivered. (g) Report. - With the approval of the Secretary of the Treasury, the Administrator may require an agency to make a report of all property abandoned to it or seized and the disposal of the property. (h) Administrative. - (1) Regulations. - With the approval of the Secretary, the Administrator may prescribe regulations necessary to carry out this section. (2) Other laws not repealed. - This section does not repeal any other laws relating to the disposition of forfeited or abandoned property, except provisions of those laws directly in conflict with this section which were enacted prior to August 27, 1935. (3) Property not subject to allocation under this section. - The following classes of property are not subject to allocation under this section, but shall be disposed of in the manner otherwise provided by law: (A) narcotic drugs, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.). (B) firearms, as defined in section 5845 of the Internal Revenue Code of 1986 (26 U.S.C. 5845). (C) other classes or kinds of property the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1306(a) 40:304f. Aug. 27, 1935, ch. 740, title III, Secs. 301-307, 49 Stat. 879. 1306(b) 40:304g. 1306(c) 40:304h. 1306(d) 40:304i. 1306(e) 40:304k. 1306(f) 40:304j. 1306(g) 40:304l (related to report). 1306(h)(1) 40:304l (related to regulations). 1306(h)( 40:304m. Aug. 27, 1935, ch. 740, 2), (3) title III, Sec. 308, 49 Stat. 880; Pub. L. 91-513, title III, Sec. 1102(o), Oct. 27, 1970, 84 Stat. 1293. -------------------------------------------------------------------- In this section, the words "Administrator" and "Administrator of General Services" are substituted for "Director" and "Director of the Procurement Division of the Treasury Department of the United States" [subsequently changed to "Bureau of Federal Supply" by regulation Sec. 5.7 of subpart A of Part 5 of Title 41, Public Contracts, eff. January 1, 1947, 11 F. R. 13636] because of section 102(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(a)(1) of the revised title. In subsection (a), the text of 40:304f(3) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section. In subsection (c)(1), the words "(including advertisement for sale, and sale)" are omitted as unnecessary. In subsection (d)(3), the words "as provided in paragraph (2)" are substituted for "accordingly" for clarity. In subsection (g), the words "from time to time" are omitted as unnecessary. In subsection (h)(2), the words "which were enacted prior to August 27, 1935" are added for clarity. In subsection (h)(3), the text of 40:304m(1) is omitted because section 4 of the Act of June 15, 1917 (22:404) was repealed by section 2 of the Act of August 13, 1953 (ch. 434, 67 Stat. 577). In subclause (C), the words "the disposal of which" are substituted for "as" for clarity. -REFTEXT- REFERENCES IN TEXT The Controlled Substances Act, referred to in subsec. (h)(3)(A), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. -End- -CITE- 40 USC Sec. 1307 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1307. Disposition of securities -STATUTE- The President, or an officer, agent, or agency the President may designate, may dispose of any securities acquired on behalf of the Federal Government under the provisions of the Transportation Act of 1920 (ch. 91, 41 Stat. 456), including any securities acquired as an incident to a case under title 11, under a receivership or reorganization proceeding, by assignment, transfer, substitution, or issuance, or by acquisition of collateral given for the payment of obligations to the Government, or may make arrangements for the extension of the maturity of the securities, in the manner, in amounts, at prices, for cash, securities, or other property or any combination of cash, securities, or other property, and on terms and conditions the President or designee considers advisable and in the public interest. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1307 40:316. Feb. 28, 1920, ch. 91, Sec. 213, as added Aug. 13, 1940, ch. 666, 54 Stat. 788; Pub. L. 95-598, title III, Sec. 325, Nov. 6, 1978, 92 Stat. 2679. -------------------------------------------------------------------- The words "sell, exchange, or otherwise", "bonds, notes, or other", "purchase, default, or other", and "(whether at a foreclosure sale or otherwise)" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Transportation Act of 1920, referred to in text, is act Feb. 28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to section 316 of former Title 40, Public Buildings, Property, and Works, section 1375a of former Title 10, Army and Air Force, sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6, 10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79, 141, and 142 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. Numerous sections of the Act that were classified to Title 49 were repealed by Pub. L. 95-473, Sec. 4(b), Oct. 13, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see table at the beginning of Title 49. Section 316 of former Title 40 was repealed and reenacted as this section by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. -End- -CITE- 40 USC Sec. 1308 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1308. Disposition of unfit horses and mules -STATUTE- Subject to applicable regulations under this subtitle and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), horses and mules belonging to the Federal Government that have become unfit for service may be destroyed or put out to pasture, either on pastures belonging to the Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for the horses and mules during the remainder of their natural lives, at no cost to the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1308 40:311b. June 15, 1938, ch. 400, 52 Stat. 693; June 3, 1939, ch. 176, 53 Stat. 808; Oct. 31, 1951, ch. 654, Sec. 2(24), 65 Stat. 707. -------------------------------------------------------------------- The words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the word "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -End- -CITE- 40 USC Sec. 1309 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1309. Preservation, sale, or collection of wrecked, abandoned, or derelict property -STATUTE- The Administrator of General Services may make contracts and provisions for the preservation, sale, or collection of property, or the proceeds of property, which may have been wrecked, been abandoned, or become derelict, if the Administrator considers the contracts and provisions to be in the interest of the Federal Government and the property is within the jurisdiction of the United States and should come to the Government. A contract may provide compensation the Administrator considers just and reasonable to any person who gives information about the property or actually preserves, collects, surrenders, or pays over the property. Under each specific agreement for obtaining, preserving, collecting, or receiving property or making property available, the costs or claim chargeable to the Government may not exceed amounts realized and received by the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1309 40:310. R.S. Sec. 3755; Pub. L. 89-30, Sec. 4, June 2, 1965, 79 Stat. 119. -------------------------------------------------------------------- The words "or of any moneys, dues, and other interests lately in the possession of or due to the so-called Confederate States, or their agents, and now belonging to the United States, which are now withheld or retained by any person, corporation or municipality whatever, and which ought to have come into the possession and custody of, or been collected or received by, the United States" in section 3755 of the Revised Statues and "debts, dues, or interests, which shall not be paid from such moneys as shall be realized and received from the property so collected, under each specific agreement" are omitted as obsolete. -End- -CITE- 40 USC Sec. 1310 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1310. Sale of war supplies, land, and buildings -STATUTE- (a) In General. - The President, through the head of any executive department and on terms the head of the department considers expedient, may sell to a person, another department of the Federal Government, or the government of a foreign country engaged in war against a country with which the United States is at war - (1) war supplies, material, and equipment; (2) by-products of the war supplies, material, and equipment; and (3) any building, plant, or factory, including the land on which the plant or factory may be situated, acquired since April 6, 1917, for the production of war supplies, materials, and equipment that, during the emergency existing on July 9, 1918, may have been purchased, acquired, or manufactured by the Government. (b) Limitation on Sale of Guns and Ammunition. - Sales of guns and ammunition authorized under any law shall be limited to - (1) other departments of the Government; (2) governments of foreign countries engaged in war against a country with which the United States is at war; and (3) members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1310 40:314. July 9, 1918, ch. 143 (last par. on p. 850), 40 Stat. 850; Feb. 25, 1919, ch. 39, Sec. 3, 40 Stat. 1173; May 29, 1928, ch. 901, Sec. 1(8), 45 Stat. 986; Aug. 7, 1946, ch. 770, (55), 60 Stat. 870. -------------------------------------------------------------------- In this section, the words "government of a foreign country" are substituted for "foreign State or Government", and the words "against a country" are substituted for "against any Government", for consistency in the revised title and with other titles of the United States Code. In subsection (a), before clause (1), the words "partnership, association" are omitted because of the definition of person in 1:1. In subsection (b), before clause (1), the words "in this section or . . . other" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 1311 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1311. Authority of President to obtain release -STATUTE- For the use or benefit of the Federal Government, the President may obtain from an individual or officer to whom land has been or will be conveyed a release of the individual's or officer's interest to the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1311 40:305. R.S. Sec. 3752. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 1312 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1312. Release of real estate in certain cases -STATUTE- (a) In General. - Real estate that has become the property of the Federal Government in payment of a debt which afterward is fully paid in money and received by the Government may be conveyed by the Administrator of General Services to the debtor from whom it was taken or to the heirs or devisees of the debtor or the person that they may appoint. (b) Nonapplication. - This section does not apply to real estate the Government acquires in payment of any debt arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1312 40:306. R.S. Sec. 3751; Pub. L. 89-30, Sec. 3, June 2, 1965, 79 Stat. 119. -------------------------------------------------------------------- In subsection (a), the words "by conveyance, extent, or otherwise" are omitted as unnecessary. The words "General Counsel for the Department of the Treasury" were substituted for "Solicitor of the Treasury" in section 3751 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. The words "release by deed or otherwise" and "if he is living, or, if such debtor is dead" are omitted as unnecessary. In subsection (b), the words "the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)" are substituted for "the internal-revenue laws" for clarity and for consistency in the revised title and with other titles of the Code. -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (b), is classified to Title 26, Internal Revenue Code. -End- -CITE- 40 USC Sec. 1313 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1313. Releasing property from attachment -STATUTE- (a) Stipulation of Discharge. - (1) Person asserting claim entitled to benefits. - In a judicial proceeding under the laws of a State, district, territory, or possession of the United States, when property owned or held by the Federal Government, or in which the Government has or claims an interest, is seized, arrested, attached, or held for the security or satisfaction of a claim made against the property, the Attorney General may direct the United States Attorney for the district in which the property is located to enter a stipulation that on discharge of the property from the seizure, arrest, attachment, or proceeding, the person asserting the claim against the property becomes entitled to all the benefits of this section. (2) Nonapplication. - This subsection does not - (A) recognize or concede any right to enforce by seizure, arrest, attachment, or any judicial process a claim against property - (i) of the Government; or (ii) held, owned, or employed by the Government, or by a department of the Government, for a public use; or (B) waive an objection to a proceeding brought to enforce the claim. (b) Payment. - After a discharge, a final judgment which affirms the claim for the security or satisfaction and the right of the person asserting the claim to enforce it against the property, notwithstanding the claims of the Government, is deemed to be a full and final determination of the rights of the person and entitles the person, as against the Government, to the rights the person would have had if possession of the property had not been changed. When the claim is for the payment of money found to be due, presentation of an authenticated copy of the record of the judgment and proceedings is sufficient evidence to the proper accounting officers for the allowance of the claim, which shall be allowed and paid out of amounts in the Treasury not otherwise appropriated. The amount allowed and paid shall not exceed the value of the interest of the Government in the property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1313(a) 40:308. R.S. Sec. 3753; Pub. L. 89-30, Sec. 1(a), June 2, 1965, 79 Stat. 118. 1313(b) 40:309. R.S. Sec. 3754; Pub. L. 89-30, Sec. 1(b), June 2, 1965, 79 Stat. 119. -------------------------------------------------------------------- In subsection (a)(1), the words "territory, or possession of the United States" are substituted for "or territory" for consistency in the revised title and with other titles of the United States Code. The words "in his discretion" are omitted as unnecessary. The words "General Counsel for the department of Treasury" were substituted for "Solicitor of the Treasury" in section 3753 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. In subsection (b), the words "in the court of last resort to which the Attorney General may deem proper to cause such proceedings to be carried", "to all intents and purposes", "and the same is by such judgment found to be due", and "duly" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 1314 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1314. Easements -STATUTE- (a) Definitions. - In this section - (1) Executive agency. - The term "executive agency" means an executive department or independent establishment in the executive branch of the Federal Government, including a wholly owned Government corporation. (2) Real property of the government. - The term "real property of the Government" excludes - (A) public land (including minerals, vegetative, and other resources) in the United States, including - (i) land reserved or dedicated for national forest purposes; (ii) land the Secretary of the Interior administers or supervises in accordance with the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act); (iii) Indian-owned trust and restricted land; and (iv) land the Government acquires primarily for fish and wildlife conservation purposes and the Secretary administers; (B) land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and (C) land acquired for national forest purposes. (3) State. - The term "State" means a State of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Grant of Easement. - When a State, a political subdivision or agency of a State, or a person applies for the grant of an easement in, over, or on real property of the Government, the executive agency having control of the real property may grant to the applicant, on behalf of the Government, an easement that the head of the agency decides will not be adverse to the interests of the Government, subject to reservations, exceptions, limitations, benefits, burdens, terms, or conditions that the head of the agency considers necessary to protect the interests of the Government. The grant may be made without consideration, or with monetary or other consideration, including an interest in real property. (c) Relinquishment of Legislative Jurisdiction. - In connection with the grant of an easement, the executive agency concerned may relinquish to the State in which the real property is located legislative jurisdiction that the executive agency considers necessary or desirable. Relinquishment of legislative jurisdiction may be accomplished by filing with the chief executive officer of the State a notice of relinquishment to take effect upon acceptance or by proceeding in the manner that the laws applicable to the State may provide. (d) Termination of Easement. - (1) When termination occurs. - The instrument granting the easement may provide for termination of any part of the easement if there has been - (A) a failure to comply with a term or condition of the grant; (B) a nonuse of the easement for a consecutive 2-year period for the purpose for which granted; or (C) an abandonment of the easement. (2) Notice required. - If a termination provision is included, it shall require that written notice of the termination be given to the grantee, or its successors or assigns. (3) Effective date. - The termination is effective as of the date of the notice. (e) Additional Easement Authority. - The authority conferred by this section is in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements. (f) Limitation on Issuance of Rights of Way. - Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1139.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1314(a) 40:319c. Pub. L. 87-852, Oct. 23, 1962, 76 Stat. 1129. 1314(b) 40:319 (1st, 2d sentences). 1314(c) 40:319 (3d, last sentences). 1314(d) 40:319a. 1314(e) 40:319b. 1314(f) 40:319 note, 319a Pub. L. 94-579, title VII, note, 319b note, Sec. 706(a) (related to the 319c note. Act of Oct. 23, 1962 (Pub. L. 87 - 852, 76 Stat. 1129)), Oct. 21, 1976, 90 Stat. 2793. -------------------------------------------------------------------- In subsection (a), the text of 40:319c(c) is omitted because of 1:1. In clause (3), the words "territories and" are added for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words "for a right-of-way or other purpose" are omitted as unnecessary. In subsection (c), the words "affected" and "concerned" before "a notice" are omitted as unnecessary. The words "chief executive officer" are substituted for "Governor" for clarity. -REFTEXT- REFERENCES IN TEXT The National Park Service Organic Act, referred to in subsec. (a)(2)(A)(ii), is act Aug. 25, 1916, ch. 408, 39 Stat. 35, as amended, which is classified generally to sections 1, 2, 3, and 4 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 16 and Tables. -End- -CITE- 40 USC Sec. 1315 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 13 - PUBLIC PROPERTY -HEAD- Sec. 1315. Law enforcement authority of Secretary of Homeland Security for protection of public property -STATUTE- (a) In General. - To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security (in this section referred to as the "Secretary") shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property. (b) Officers and Agents. - (1) Designation. - The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property. (2) Powers. - While engaged in the performance of official duties, an officer or agent designated under this subsection may - (A) enforce Federal laws and regulations for the protection of persons and property; (B) carry firearms; (C) make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; (D) serve warrants and subpoenas issued under the authority of the United States; (E) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and (F) carry out such other activities for the promotion of homeland security as the Secretary may prescribe. (c) Regulations. - (1) In general. - The Secretary, in consultation with the Administrator of General Services, may prescribe regulations necessary for the protection and administration of property owned or occupied by the Federal Government and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property. (2) Penalties. - A person violating a regulation prescribed under this subsection shall be fined under title 18, United States Code, imprisoned for not more than 30 days, or both. (d) Details. - (1) Requests of agencies. - On the request of the head of a Federal agency having charge or control of property owned or occupied by the Federal Government, the Secretary may detail officers and agents designated under this section for the protection of the property and persons on the property. (2) Applicability of regulations. - The Secretary may - (A) extend to property referred to in paragraph (1) the applicability of regulations prescribed under this section and enforce the regulations as provided in this section; or (B) utilize the authority and regulations of the requesting agency if agreed to in writing by the agencies. (3) Facilities and services of other agencies. - When the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, and local law enforcement agencies, with the consent of the agencies. (e) Authority Outside Federal Property. - For the protection of property owned or occupied by the Federal Government and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments to obtain authority for officers and agents designated under this section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State and local law enforcement officers. (f) Secretary and Attorney General Approval. - The powers granted to officers and agents designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General. (g) Limitation on Statutory Construction. - Nothing in this section shall be construed to - (1) preclude or limit the authority of any Federal law enforcement agency; or (2) restrict the authority of the Administrator of General Services to promulgate regulations affecting property under the Administrator's custody and control. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1140; Pub. L. 107-296, title XVII, Sec. 1706(b)(1), Nov. 25, 2002, 116 Stat. 2316.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 1315(a) 40:318(a). June 1, 1948, ch. 359, Sec. 1, 62 Stat. 281; Pub. L. 100-678, Sec. 8(a), (b), Nov. 17, 1988, 102 Stat. 4052. 1315(b) 40:318(b). 1315(c) 40:318b (words June 1, 1948, ch. 359, Sec. before semicolon). 3, 62 Stat. 281; Pub. L. 100-678, Sec. 8(a), (c)(2), Nov. 17, 1988, 102 Stat. 4052, 4053. 1315(d) 40:318b (words after semicolon). 1315(e) 40:318d. June 1, 1948, ch. 359, Sec. 5, as added Pub. L. 87-275, Sept. 22, 1961, 75 Stat. 574. 1315(f) 40:318a. June 1, 1948, ch. 359, Sec. 2, 62 Stat. 281; Pub. L. 100-678, Sec. 8(a), (c)(1), Nov. 17, 1988, 102 Stat. 4052, 4053. 1315(g) 40:318c. June 1, 1948, ch. 359, Sec. 4, 62 Stat. 281; Pub. L. 104-201, div. A, title X, Sec. 1067, Sept. 23, 1996, 110 Stat. 2654. -------------------------------------------------------------------- In this section, the word "duly" is omitted as unnecessary. In subsection (e), the words "who have been" are omitted as unnecessary. In subsection (g)(1), the words "fined under title 18" are substituted for "fined not more than $50" for consistency with chapter 227 of title 18. In subsection (g)(2)(B), the words "similar offense" are substituted for "like or similar offense" to eliminate unnecessary words. The words "of the United States" are added for consistency in the revised title and with other titles of the United States Code. -REFTEXT- REFERENCES IN TEXT The Homeland Security Act of 2002, referred to in subsecs. (a) and (b)(1), is Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (Sec. 101 et seq.) of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables. -MISC2- AMENDMENTS 2002 - Pub. L. 107-296 amended catchline and text generally. Prior to amendment, text read as follows: "(a) Appointment. - The Administrator of General Services, or an official of the General Services Administration authorized by the Administrator, may appoint uniformed guards of the Administration as special police without additional compensation for duty in connection with the policing of all buildings and areas owned or occupied by the Federal Government and under the charge and control of the Administrator. "(b) Powers. - Special police appointed under this section have the same powers as sheriffs and constables on property referred to in subsection (a) to enforce laws enacted for the protection of individuals and property, prevent breaches of the peace, suppress affrays or unlawful assemblies, and enforce regulations prescribed by the Administrator or an official of the Administration authorized by the Administrator for property under their jurisdiction. However, the jurisdiction and policing powers of special police do not extend to the service of civil process. "(c) Detail. - On the application of the head of a department or agency of the Government having property of the Government under its administration and control, the Administrator or an official of the Administration authorized by the Administrator may detail special police for the protection of the property and, if the Administrator considers it desirable, may extend to the property the applicability of regulations and enforce them as provided in this section. "(d) Use of Other Law Enforcement Agencies. - When it is considered economical and in the public interest, the Administrator or an official of the Administration authorized by the Administrator may utilize the facilities and services of existing federal law enforcement agencies, and, with the consent of a state or local agency, the facilities and services of state or local law enforcement agencies. "(e) Nonuniformed Special Police. - The Administrator, or an official of the Administration authorized by the Administrator, may empower officials or employees of the Administration authorized to perform investigative functions to act as nonuniformed special police to protect property under the charge and control of the Administration and to carry firearms, whether on federal property or in travel status. When on real property under the charge and control of the Administration, officials or employees empowered to act as nonuniformed special police have the power to enforce federal laws for the protection of individuals and property and to enforce regulations for that purpose that the Administrator or an official of the Administration authorized by the Administrator prescribes and publishes. The special police may make arrests without warrant for any offense committed on the property if the police have reasonable grounds to believe the offense constitutes a felony under the laws of the United States and that the individual to be arrested is guilty of that offense. "(f) Administrative. - The Administrator or an official of the Administration authorized by the Administrator may prescribe regulations necessary for the government of the property under their charge and control, and may annex to the regulations reasonable penalties, within the limits prescribed in subsection (g), that will ensure their enforcement. The regulations shall be posted and kept posted in a conspicuous place on the property. "(g) Penalties. - "(1) In general. - Except as provided in paragraph (2), a person violating a regulation prescribed under subsection (f) shall be fined under title 18, imprisoned for not more than 30 days, or both. "(2) Exception for military traffic regulation. - "(A) Definition. - For purposes of this paragraph, the term 'military traffic regulation' means a regulation for the control of vehicular or pedestrian traffic on military installations that the Secretary of Defense prescribes under subsection (f). "(B) In general. - A person violating a military traffic regulation shall be fined an amount not exceeding the amount of the maximum fine for a similar offense under the criminal or civil law of the State, district, territory, or possession of the United States where the military installation in which the violation occurred is located, imprisoned for not more than 30 days, or both." EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107-296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107-296, set out as an Effective Date note under section 101 of Title 6, Domestic Security. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and liabilities of the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -MISC3- DELEGATION OF AUTHORITY Pub. L. 107-296, title XVII, Sec. 1706(b)(2), Nov. 25, 2002, 116 Stat. 2318, provided that: "The Secretary may delegate authority for the protection of specific buildings to another Federal agency where, in the Secretary's discretion, the Secretary determines it necessary for the protection of that building." [For definition of "Secretary" as used in section 1706(b)(2) of Pub. L. 107-296, set out above, see section 101(13) of Title 6, Domestic Security.] -End- -CITE- 40 USC SUBTITLE II - PUBLIC BUILDINGS AND WORKS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS -HEAD- SUBTITLE II - PUBLIC BUILDINGS AND WORKS -MISC1- PART A - GENERAL Chapter Sec. 31. GENERAL 3101 33. ACQUISITION, CONSTRUCTION, AND ALTERATION 3301 35. NON-FEDERAL PUBLIC WORKS 3501 37. CONTRACT WORK HOURS AND SAFETY STANDARDS 3701 PART B - UNITED STATES CAPITOL 51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS 5101 PART C - FEDERAL BUILDING COMPLEXES 61. UNITED STATES SUPREME COURT BUILDING AND GROUNDS 6101 63. SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 6301 65. THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING 6501 67. PENNSYLVANIA AVENUE DEVELOPMENT 6701 69. UNION STATION REDEVELOPMENT 6901 PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA 81. ADMINISTRATIVE 8101 83. WASHINGTON METROPOLITAN REGION DEVELOPMENT 8301 85. NATIONAL CAPITAL SERVICE AREA AND DIRECTOR 8501 87. PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION 8701 89. NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS 8901 91. COMMISSION OF FINE ARTS 9101 93. THEODORE ROOSEVELT ISLAND 9301 95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT OF COLUMBIA 9501 -End- -CITE- 40 USC PART A - GENERAL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL -HEAD- PART A - GENERAL -End- -CITE- 40 USC CHAPTER 31 - GENERAL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL -HEAD- CHAPTER 31 - GENERAL -MISC1- SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS Sec. 3101. Public buildings under control of Administrator of General Services. 3102. Naming or designating buildings. 3103. Admission of guide dogs or other service animals accompanying individuals with disabilities. 3104. Furniture for new buildings. 3105. Buildings not to be draped in mourning. SUBCHAPTER II - ACQUIRING LAND 3111. Approval of sufficiency of title prior to acquisition. 3112. Federal jurisdiction. 3113. Acquisition by condemnation. 3114. Declaration of taking. 3115. Irrevocable commitment of Federal Government to pay ultimate award when fixed. 3116. Interest as part of just compensation. 3117. Exclusion of certain property by stipulation of Attorney General. 3118. Right of taking as addition to existing rights. SUBCHAPTER III - BONDS 3131. Bonds of contractors of public buildings or works. 3132. Alternatives to payment bonds provided by Federal Acquisition Regulation. 3133. Rights of persons furnishing labor or material. 3134. Waivers for certain contracts. SUBCHAPTER IV - WAGE RATE REQUIREMENTS 3141. Definitions. 3142. Rate of wages for laborers and mechanics. 3143. Termination of work on failure to pay agreed wages. 3144. Authority of Comptroller General to pay wages and list contractors violating contracts. 3145. Regulations governing contractors and subcontractors. 3146. Effect on other federal laws. 3147. Suspension of this subchapter during a national emergency. 3148. Application of this subchapter to certain contracts. SUBCHAPTER V - VOLUNTEER SERVICES 3161. Purpose. 3162. Waiver for individuals who perform volunteer services. SUBCHAPTER VI - MISCELLANEOUS 3171. Contract authority when appropriation is for less than full amount. 3172. Extension of state workers' compensation laws to buildings, works, and property of the Federal Government. 3173. Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration. 3174. Operation of public utility communications services serving governmental activities. 3175. Acceptance of gifts of property. 3176. Administrator of General Services to furnish services in continental United States to international bodies. 3177. Use of photovoltaic energy in public buildings.(!1) -FOOTNOTE- (!1) Editorially supplied. Section 3177 added by Pub. L. 109-58 without corresponding amendment of chapter analysis. -End- -CITE- 40 USC SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -HEAD- SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -End- -CITE- 40 USC Sec. 3101 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -HEAD- Sec. 3101. Public buildings under control of Administrator of General Services -STATUTE- All public buildings outside of the District of Columbia and outside of military reservations purchased or erected out of any appropriation under the control of the Administrator of General Services, and the sites of the public buildings, are under the exclusive jurisdiction and control, and in the custody of, the Administrator. The Administrator may take possession of the buildings and assign and reassign rooms in the buildings to federal officials, clerks, and employees that the Administrator believes should be furnished with offices or rooms in the buildings. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3101 40:285. July 1, 1898, ch. 546, Sec. 1 (6th complete par. on p. 614), 30 Stat. 614. -------------------------------------------------------------------- The word "subtreasuries" in the 6th complete paragraph on p. 614 of section 1 of the Act of July 1, 1898 (ch. 546, 30 Stat. 614), is omitted because section 1 (words in par. under heading "Independent Treasury") of the Act of May 29, 1914 (ch. 214, 41 Stat. 654) discontinued subtreasuries. The word "post-offices" in section 1 is omitted because section 1 of Executive Order No. 6166 (eff. June 10, 1933) transferred administration of post office buildings to the Post Office Department. The words "courthouses, customhouses, appraiser's stores, barge offices, and other" are omitted as unnecessary. The words "or are in course of construction" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Treasury Department" and "Secretary of the Treasury" [subsequently changed to "Federal Works Agency" and "Federal Works Administrator" because of sections 301 and 303, respectively, of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. PROHIBITION OF CIGARETTE SALES TO MINORS IN FEDERAL BUILDINGS AND LANDS Pub. L. 104-52, title VI, Sec. 636, Nov. 19, 1995, 109 Stat. 507, known as the "Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act", required the Administrator of General Services and the head of each Federal agency to promulgate regulations, to be reported to Congress, prohibiting the sale of tobacco products in vending machines or distribution of free samples of tobacco products located in or around any Federal building under the jurisdiction of the Administrator or agency head, and provided that the appropriate congressional committees would promulgate regulations prohibiting tobacco sales in vending machines in certain congressional buildings. -End- -CITE- 40 USC Sec. 3102 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -HEAD- Sec. 3102. Naming or designating buildings -STATUTE- The Administrator of General Services may name or otherwise designate any building under the custody and control of the General Services Administration, regardless of whether it was previously named by statute. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3102 40:298d. June 16, 1949, ch. 218, title IV, Sec. 410, 63 Stat. 200; Pub. L. 85-542, July 18, 1958, 72 Stat. 399. -------------------------------------------------------------------- The words "notwithstanding any other provision of law" and "rename" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3103 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -HEAD- Sec. 3103. Admission of guide dogs or other service animals accompanying individuals with disabilities -STATUTE- (a) In General. - Guide dogs or other service animals accompanying individuals with disabilities and especially trained and educated for that purpose shall be admitted to any building or other property owned or controlled by the Federal Government on the same terms and conditions, and subject to the same regulations, as generally govern the admission of the public to the property. The animals are not permitted to run free or roam in a building or on the property and must be in guiding harness or on leash and under the control of the individual at all times while in a building or on the property. (b) Regulations. - The head of each department or other agency of the Government may prescribe regulations the individual considers necessary in the public interest to carry out this section as it applies to any building or other property subject to the individual's jurisdiction. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3103(a) 40:291 (1st Dec. 10, 1941, ch. 563, 55 sentence). Stat. 796. 3103(b) 40:291 (last sentence). -------------------------------------------------------------------- In subsection (a), the words "Seeing-eye dogs or other" are omitted as unnecessary. The words "or other service animals" are added, and the words "individuals with disabilities" are substituted for "blind masters", because of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and Part 39 of Title 28 of the Code of Federal Regulations, which expanded the coverage of the source provision to all service animals and to all individuals with disabilities. -End- -CITE- 40 USC Sec. 3104 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -HEAD- Sec. 3104. Furniture for new buildings -STATUTE- Furniture for all new public buildings shall be acquired in accordance with plans and specifications approved by the Administrator of General Services. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3104 40:283. May 27, 1908, ch. 200 1 [sic] (7th complete par. on p. 327), 35 Stat. 327. -------------------------------------------------------------------- The words "Administrator of General Services" are substituted for "Supervising Architect of the Treasury" [subsequently changed to "Secretary of the Treasury" because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and to "Federal Works Administrator" because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. -End- -CITE- 40 USC Sec. 3105 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER I - OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS -HEAD- Sec. 3105. Buildings not to be draped in mourning -STATUTE- No building owned, or used for public purposes, by the Federal Government shall be draped in mourning nor may public money be used for that purpose. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1143.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3105 40:286. Mar. 3, 1893, ch. 211, Sec. 3, 27 Stat. 715. -------------------------------------------------------------------- The words "On and after March 3, 1893" are omitted as obsolete. -End- -CITE- 40 USC SUBCHAPTER II - ACQUIRING LAND 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- SUBCHAPTER II - ACQUIRING LAND -End- -CITE- 40 USC Sec. 3111 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3111. Approval of sufficiency of title prior to acquisition -STATUTE- (a) Approval of Attorney General Required. - Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property. (b) Delegation. - (1) In general. - The Attorney General may delegate the responsibility under this section to other departments and agencies of the Government, subject to general supervision by the Attorney General and in accordance with regulations the Attorney General prescribes. (2) Request for opinion of attorney general. - A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles. (c) Payment of Expenses for Procuring Certificates of Title. - Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency of the Government. (d) Nonapplication. - This section does not affect any provision of law in effect on September 1, 1970, that is applicable to the acquisition of land or interests in land by the Tennessee Valley Authority. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3111(a) 40:255 (1st par.). R.S. Sec. 355 (1st-5th pars.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91-393, Sec. 1, Sept. 1, 1970, 84 Stat. 835. 3111(b) 40:255 (2d, 3d pars.). 3111(c) 40:255 (4th par.). 3111(d) 40:255 (5th par.). -------------------------------------------------------------------- In subsection (d), the words "in any manner" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3112 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3112. Federal jurisdiction -STATUTE- (a) Exclusive Jurisdiction Not Required. - It is not required that the Federal Government obtain exclusive jurisdiction in the United States over land or an interest in land it acquires. (b) Acquisition and Acceptance of Jurisdiction. - When the head of a department, agency, or independent establishment of the Government, or other authorized officer of the department, agency, or independent establishment, considers it desirable, that individual may accept or secure, from the State in which land or an interest in land that is under the immediate jurisdiction, custody, or control of the individual is situated, consent to, or cession of, any jurisdiction over the land or interest not previously obtained. The individual shall indicate acceptance of jurisdiction on behalf of the Government by filing a notice of acceptance with the Governor of the State or in another manner prescribed by the laws of the State where the land is situated. (c) Presumption. - It is conclusively presumed that jurisdiction has not been accepted until the Government accepts jurisdiction over land as provided in this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3112(a) 40:255 (last par. R.S. Sec. 355 (last par.); 1st sentence words June 28, 1930, ch. 710, 46 before semicolon). Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083. 3112(b) 40:255 (last par. 1st sentence words after semicolon). 3112(c) 40:255 (last par. last sentence). -------------------------------------------------------------------- Subsection (a) is substituted for 40:255 (last par. 1st sentence words before semicolon) to eliminate unnecessary words. In subsection (b), the words "exclusive or partial" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3113 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3113. Acquisition by condemnation -STATUTE- An officer of the Federal Government authorized to acquire real estate for the erection of a public building or for other public uses may acquire the real estate for the Government by condemnation, under judicial process, when the officer believes that it is necessary or advantageous to the Government to do so. The Attorney General, on application of the officer, shall have condemnation proceedings begun within 30 days from receipt of the application at the Department of Justice. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1144.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3113 40:257. Aug. 1, 1888, ch. 728, Sec. 1, 25 Stat. 357; June 25, 1948, ch. 646, Sec. 6, 62 Stat. 986. -------------------------------------------------------------------- The words "the Secretary of the Treasury or any other" are omitted as unnecessary. The reference to section 258 is omitted because 40:258 is superseded by rule 71A of the Federal Rules of Civil Procedure (28 App.: U.S.C.). -End- -CITE- 40 USC Sec. 3114 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3114. Declaration of taking -STATUTE- (a) Filing and Content. - In any proceeding in any court of the United States outside of the District of Columbia brought by and in the name of the United States and under the authority of the Federal Government to acquire land, or an easement or right of way in land, for the public use, the petitioner may file, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the land described in the petition, declaring that the land is taken for the use of the Government. The declaration of taking shall contain or have annexed to it - (1) a statement of the authority under which, and the public use for which, the land is taken; (2) a description of the land taken that is sufficient to identify the land; (3) a statement of the estate or interest in the land taken for public use; (4) a plan showing the land taken; and (5) a statement of the amount of money estimated by the acquiring authority to be just compensation for the land taken. (b) Vesting of Title. - On filing the declaration of taking and depositing in the court, to the use of the persons entitled to the compensation, the amount of the estimated compensation stated in the declaration - (1) title to the estate or interest specified in the declaration vests in the Government; (2) the land is condemned and taken for the use of the Government; and (3) the right to just compensation for the land vests in the persons entitled to the compensation. (c) Compensation. - (1) Determination and award. - Compensation shall be determined and awarded in the proceeding and established by judgment. The judgment shall include interest, in accordance with section 3116 of this title, on the amount finally awarded as the value of the property as of the date of taking and shall be awarded from that date to the date of payment. Interest shall not be allowed on as much of the compensation as has been paid into the court. Amounts paid into the court shall not be charged with commissions or poundage. (2) Order to pay. - On application of the parties in interest, the court may order that any part of the money deposited in the court be paid immediately for or on account of the compensation to be awarded in the proceeding. (3) Deficiency judgment. - If the compensation finally awarded is more than the amount of money received by any person entitled to compensation, the court shall enter judgment against the Government for the amount of the deficiency. (d) Authority of Court. - On the filing of a declaration of taking, the court - (1) may fix the time within which, and the terms on which, the parties in possession shall be required to surrender possession to the petitioner; and (2) may make just and equitable orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges. (e) Vesting Not Prevented or Delayed. - An appeal or a bond or undertaking given in a proceeding does not prevent or delay the vesting of title to land in the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1145.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3114(a) 40:258a (1st par.). Feb. 26, 1931, ch. 307, Sec. 1, 46 Stat. 1421; Pub. L. 99-656, Sec. 1(1), Nov. 14, 1986, 100 Stat. 3668. 3114(b) 40:258a (2d par. 1st sentence words before 1st semicolon). 3114(c)(1) 40:258a (2d par. 1st sentence words after 1st semicolon, last sentence). 3114(c)( 40:258a (3d par.). 2), (3) 3114(d) 40:258a (last par.). 3114(e) 40:258b. Feb. 26, 1931, ch. 307, Sec. 2, 46 Stat. 1422. -------------------------------------------------------------------- In subsection (a), before clause (1), the words "which has been or may be" are omitted as unnecessary. In subsection (b)(1), the words "said lands in fee simple absolute, or such less" are omitted as unnecessary. In subsection (b)(2), the words "deemed to be" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3115 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3115. Irrevocable commitment of Federal Government to pay ultimate award when fixed -STATUTE- (a) Requirement for Irrevocable Commitment. - Action under section 3114 of this title irrevocably committing the Federal Government to the payment of the ultimate award shall not be taken unless the head of the executive department or agency or bureau of the Government empowered to acquire the land believes that the ultimate award probably will be within any limits Congress prescribes on the price to be paid. (b) Authorized Purposes of Expenditures After Irrevocable Commitment Made. - When the Government has taken or may take title to real property during a condemnation proceeding and in advance of final judgment in the proceeding and has become irrevocably committed to pay the amount ultimately to be awarded as compensation, and the Attorney General believes that title to the property has been vested in the Government or that all persons having an interest in the property have been made parties to the proceeding and will be bound by the final judgment, the Government may expend amounts appropriated for that purpose to demolish existing structures on the property and to erect public buildings or public works on the property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1146.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3115(a) 40:258c. Feb. 26, 1931, ch. 307, Sec. 3, 46 Stat. 1422. 3115(b) 40:258e. Feb. 26, 1931, ch. 307, Sec. 5, 46 Stat. 1422; Pub. L. 91-393, Sec. 4, Sept. 1, 1970, 84 Stat. 835. -------------------------------------------------------------------- In subsection (b), the words "possession of" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3116 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3116. Interest as part of just compensation -STATUTE- (a) Calculation. - The district court shall calculate interest required to be paid under this subchapter as follows: (1) Period of not more than one year. - Where the period for which interest is owed is not more than one year, interest shall be calculated from the date of taking at an annual rate equal to the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the date of taking. (2) Period of more than one year. - Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with paragraph (1) and interest for each additional year shall be calculated on the amount by which the award of compensation is more than the deposit referred to in section 3114 of this title, plus accrued interest, at an annual rate equal to the weekly average one-year constant maturity Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the calendar week preceding the beginning of each additional year. (b) Distribution of Notice of Rates. - The Director of the Administrative Office of the United States Courts shall distribute to all federal courts notice of the rates described in paragraphs (1) and (2) of subsection (a). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1146.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3116(a) 40:258e-1 (less Feb. 26, 1931, ch. 307, Sec. last sentence). 6, as added Pub. L. 99-656, Sec. 1(2), Nov. 14, 1986, 100 Stat. 3668; Pub. L. 106-554, Sec. 1(a)(7) [Sec. 307(a)], Dec. 21, 2000, 114 Stat. 2763A-635. 3116(b) 40:258e-1 (last sentence). -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3117 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3117. Exclusion of certain property by stipulation of Attorney General -STATUTE- In any condemnation proceeding brought by or on behalf of the Federal Government, the Attorney General may stipulate or agree on behalf of the Government to exclude any part of the property, or any interest in the property, taken by or on behalf of the Government by a declaration of taking or otherwise. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3117 40:258f. Oct. 21, 1942, ch. 618, 56 Stat. 797. -------------------------------------------------------------------- The words "that may have been, or may be" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3118 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER II - ACQUIRING LAND -HEAD- Sec. 3118. Right of taking as addition to existing rights -STATUTE- The right to take possession and title in advance of final judgment in condemnation proceedings as provided by section 3114 of this title is in addition to any right, power, or authority conferred by the laws of the United States or of a State, territory, or possession of the United States under which the proceeding may be conducted, and does not abrogate, limit, or modify that right, power, or authority. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3118 40:258d. Feb. 26, 1931, ch. 307, Sec. 4, 46 Stat. 1422. -------------------------------------------------------------------- The words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code. -End- -CITE- 40 USC SUBCHAPTER III - BONDS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER III - BONDS -HEAD- SUBCHAPTER III - BONDS -End- -CITE- 40 USC Sec. 3131 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER III - BONDS -HEAD- Sec. 3131. Bonds of contractors of public buildings or works -STATUTE- (a) Definition. - In this subchapter, the term "contractor" means a person awarded a contract described in subsection (b). (b) Type of Bonds Required. - Before any contract of more than $100,000 is awarded for the construction, alteration, or repair of any public building or public work of the Federal Government, a person must furnish to the Government the following bonds, which become binding when the contract is awarded: (1) Performance bond. - A performance bond with a surety satisfactory to the officer awarding the contract, and in an amount the officer considers adequate, for the protection of the Government. (2) Payment bond. - A payment bond with a surety satisfactory to the officer for the protection of all persons supplying labor and material in carrying out the work provided for in the contract for the use of each person. The amount of the payment bond shall equal the total amount payable by the terms of the contract unless the officer awarding the contract determines, in a writing supported by specific findings, that a payment bond in that amount is impractical, in which case the contracting officer shall set the amount of the payment bond. The amount of the payment bond shall not be less than the amount of the performance bond. (c) Coverage for Taxes in Performance Bond. - (1) In general. - Every performance bond required under this section specifically shall provide coverage for taxes the Government imposes which are collected, deducted, or withheld from wages the contractor pays in carrying out the contract with respect to which the bond is furnished. (2) Notice. - The Government shall give the surety on the bond written notice, with respect to any unpaid taxes attributable to any period, within 90 days after the date when the contractor files a return for the period, except that notice must be given no later than 180 days from the date when a return for the period was required to be filed under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). (3) Civil action. - The Government may not bring a civil action on the bond for the taxes - (A) unless notice is given as provided in this subsection; and (B) more than one year after the day on which notice is given. (d) Waiver of Bonds for Contracts Performed in Foreign Countries. - A contracting officer may waive the requirement of a performance bond and payment bond for work under a contract that is to be performed in a foreign country if the officer finds that it is impracticable for the contractor to furnish the bonds. (e) Authority To Require Additional Bonds. - This section does not limit the authority of a contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases, specified in subsection (b). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1147; Pub. L. 109-284, Sec. 6(8), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3131(a) 40:270a(a) (words Aug. 24, 1935, ch. 642, Sec. before cl. (1) 1(a)-(c), 49 Stat. 793; Pub. related to L. 95-585, Nov. 2, 1978, 92 definition). Stat. 2484; Pub. L. 103-355, title IV, Sec. 4104(b)(1)(B), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 106-49, Sec. 2(a), Aug. 17, 1999, 113 Stat. 231. 40:270d. Aug. 24, 1935, ch. 642, Sec. 4, 49 Stat. 794. 3131(b) 40:270a(a) (words before cl. (1) related to furnishing bond), (1), (2). 40:270d-1. Aug. 24, 1935, ch. 642, Sec. 5, as added Pub. L. 103-355, title IV, Sec. 4104(b)(1)(A), Oct. 13, 1994, 108 Stat. 3341. 3131(c) 40:270a(d). Aug. 24, 1935, ch. 642, Sec. 1(d), as added Pub. L. 89-719, title I, Sec. 105(b), Nov. 2, 1966, 80 Stat. 1139. 3131(d) 40:270a(b). 3131(e) 40:270a(c). -------------------------------------------------------------------- In subsection (a), the text of 40:270d is omitted because of 1:1. In subsections (b) and (c), the words "or sureties" are omitted because of 1:1. -REFTEXT- REFERENCES IN TEXT The Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified to Title 26, Internal Revenue Code. -MISC2- AMENDMENTS 2006 - Subsec. (e). Pub. L. 109-284 substituted "To" for "to" in heading. -End- -CITE- 40 USC Sec. 3132 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER III - BONDS -HEAD- Sec. 3132. Alternatives to payment bonds provided by Federal Acquisition Regulation -STATUTE- (a) In General. - The Federal Acquisition Regulation shall provide alternatives to payment bonds as payment protections for suppliers of labor and materials under contracts referred to in section 3131(a) of this title that are more than $25,000 and not more than $100,000. (b) Responsibilities of Contracting Officer. - The contracting officer for a contract shall - (1) select, from among the payment protections provided for in the Federal Acquisition Regulation pursuant to subsection (a), one or more payment protections which the offeror awarded the contract is to submit to the Federal Government for the protection of suppliers of labor and materials for the contract; and (2) specify in the solicitation of offers for the contract the payment protections selected. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3132 40:270a note. Pub. L. 103-355, title IV, Sec. 4104(b)(2), Oct. 13, 1994, 108 Stat. 3342. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3133 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER III - BONDS -HEAD- Sec. 3133. Rights of persons furnishing labor or material -STATUTE- (a) Right of Person Furnishing Labor or Material to Copy of Bond. - The department secretary or agency head of the contracting agency shall furnish a certified copy of a payment bond and the contract for which it was given to any person applying for a copy who submits an affidavit that the person has supplied labor or material for work described in the contract and payment for the work has not been made or that the person is being sued on the bond. The copy is prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay any fees the department secretary or agency head of the contracting agency fixes to cover the cost of preparing the certified copy. (b) Right To Bring a Civil Action. - (1) In general. - Every person that has furnished labor or material in carrying out work provided for in a contract for which a payment bond is furnished under section 3131 of this title and that has not been paid in full within 90 days after the day on which the person did or performed the last of the labor or furnished or supplied the material for which the claim is made may bring a civil action on the payment bond for the amount unpaid at the time the civil action is brought and may prosecute the action to final execution and judgment for the amount due. (2) Person having direct contractual relationship with a subcontractor. - A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing the payment bond may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made. The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The notice shall be served - (A) by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor's residence; or (B) in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons. (3) Venue. - A civil action brought under this subsection must be brought - (A) in the name of the United States for the use of the person bringing the action; and (B) in the United States District Court for any district in which the contract was to be performed and executed, regardless of the amount in controversy. (4) Period in which action must be brought. - An action brought under this subsection must be brought no later than one year after the day on which the last of the labor was performed or material was supplied by the person bringing the action. (5) Liability of federal government. - The Government is not liable for the payment of any costs or expenses of any civil action brought under this subsection. (c) Waiver of Right to Civil Action. - A waiver of the right to bring a civil action on a payment bond required under this subchapter is void unless the waiver is - (1) in writing; (2) signed by the person whose right is waived; and (3) executed after the person whose right is waived has furnished labor or material for use in the performance of the contract. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109-284, Sec. 6(9), (10), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3133(a) 40:270c. Aug. 24, 1935, ch. 642, Sec. 3, 49 Stat. 794; Pub. L. 86-135, Sec. 2, Aug. 4, 1959, 73 Stat. 279; Pub. L. 98-269, Apr. 18, 1984, 98 Stat. 156. 3133(b)( 40:270b(a). Aug. 24, 1935, ch. 642, Sec. 1), (2) 2(a), (b), 49 Stat. 794; Pub. L. 86-135, Sec. 1, Aug. 4, 1959, 73 Stat. 279; Pub. L. 106-49, Sec. 2(b), Aug. 17, 1999, 113 Stat. 231. 3133(b)(3)- 40:270b(b). (5) 3133(c) 40:270b(c). Aug. 24, 1935, ch. 642, Sec. 2(c), as added Pub. L. 106-49, Sec. 2(c), Aug. 17, 1999, 113 Stat. 231. -------------------------------------------------------------------- In subsection (b)(1), the words "may bring a civil action" are substituted for "shall have the right to sue" for consistency in the revised title and with other titles of the United States Code. The words "or sums" are omitted because of 1:1. In subsection (b)(2), the words "to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons" are restated to reflect the probable intent of Congress. See H. Rept. 106-277, Part 1, 106th Cong., 1st Sess., pp. 4, 7. In subsection (c), the words "bring a civil action" are substituted for "sue" for consistency in the revised title and with other titles of the United States Code. AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-284, Sec. 6(9), substituted "To" for "to" in heading. Subsec. (c). Pub. L. 109-284, Sec. 6(10), inserted heading. -End- -CITE- 40 USC Sec. 3134 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER III - BONDS -HEAD- Sec. 3134. Waivers for certain contracts -STATUTE- (a) Military. - The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive this subchapter with respect to cost-plus- a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the Federal Government and with respect to contracts for manufacturing, producing, furnishing, constructing, altering, repairing, processing, or assembling vessels, aircraft, munitions, materiel, or supplies for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of the contracts as to payment or title. (b) Transportation. - The Secretary of Transportation may waive this subchapter with respect to contracts for the construction, alteration, or repair of vessels when the contract is made under sections 1535 and 1536 of title 31, subtitle V of title 46, or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), regardless of the terms of the contracts as to payment or title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1149; Pub. L. 109-304, Sec. 17(g)(2), Oct. 6, 2006, 120 Stat. 1709.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3134(a) 40:270e. Apr. 29, 1941, ch. 81, Sec. 1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83. 3134(b) 40:270f. Apr. 29, 1941, ch. 81, Sec. 2, as added Pub. L. 91-469, Sec. 39, Oct. 21, 1970, 84 Stat. 1036; Pub. L. 97-31, Sec. 12(12), Aug. 6, 1981, 95 Stat. 154. -------------------------------------------------------------------- In subsection (a), the words "Secretary of Transportation" are substituted for "Secretary of Commerce" because of 49:108. The words "the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of" and "of any kind or nature" are omitted as unnecessary. In subsection (b), the words "of any kind or nature" are omitted as unnecessary. The words "sections 1535 and 1536 of title 31" are substituted for "the Act of June 30, 1932 (47 Stat. 382, 417-418), as amended [31 U.S.C. 686, 686b]" because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. -REFTEXT- REFERENCES IN TEXT The Merchant Ship Sales Act of 1946, referred to in subsec. (b), is act Mar. 8, 1946, ch. 82, 60 Stat. 41, as amended, which is classified to sections 1735 to 1746 of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1735 of Title 50, Appendix, and Tables. -MISC2- AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-304 substituted "subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)". -TRANS- TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. -End- -CITE- 40 USC SUBCHAPTER IV - WAGE RATE REQUIREMENTS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- SUBCHAPTER IV - WAGE RATE REQUIREMENTS -End- -CITE- 40 USC Sec. 3141 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3141. Definitions -STATUTE- In this subchapter, the following definitions apply: (1) Federal government. - The term "Federal Government" has the same meaning that the term "United States" had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494) (known as the Davis-Bacon Act). (2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages. - The terms "wages", "scale of wages", "wage rates", "minimum wages", and "prevailing wages" include - (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, the amount of - (i) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person under a fund, plan, or program; and (ii) the rate of costs to the contractor or subcontractor that may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforceable commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109-284, Sec. 6(11), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3141(1) (no source). 3141(2) 40:276a(b) (1st Mar. 3, 1931, ch. 411, Sec. par. words before 1(b) (1st par. words before proviso). proviso), as added Pub. L. 88-349, Sec. 1, July 2, 1964, 78 Stat. 239. -------------------------------------------------------------------- Clause (1) is added for clarity. -REFTEXT- REFERENCES IN TEXT The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which was classified generally to sections 276a to 276a-5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141-3144, 3146, and 3147 of this title by Pub. L. 107- 217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 2006 - Par. (1). Pub. L. 109-284 substituted "1494)" for "1494". -End- -CITE- 40 USC Sec. 3142 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3142. Rate of wages for laborers and mechanics -STATUTE- (a) Application. - The advertised specifications for every contract in excess of $2,000, to which the Federal Government or the District of Columbia is a party, for construction, alteration, or repair, including painting and decorating, of public buildings and public works of the Government or the District of Columbia that are located in a State or the District of Columbia and which requires or involves the employment of mechanics or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics. (b) Based on Prevailing Wage. - The minimum wages shall be based on the wages the Secretary of Labor determines to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there. (c) Stipulations Required in Contract. - Every contract based upon the specifications referred to in subsection (a) must contain stipulations that - (1) the contractor or subcontractor shall pay all mechanics and laborers employed directly on the site of the work, unconditionally and at least once a week, and without subsequent deduction or rebate on any account, the full amounts accrued at time of payment, computed at wage rates not less than those stated in the advertised specifications, regardless of any contractual relationship which may be alleged to exist between the contractor or subcontractor and the laborers and mechanics; (2) the contractor will post the scale of wages to be paid in a prominent and easily accessible place at the site of the work; and (3) there may be withheld from the contractor so much of accrued payments as the contracting officer considers necessary to pay to laborers and mechanics employed by the contractor or any subcontractor on the work the difference between the rates of wages required by the contract to be paid laborers and mechanics on the work and the rates of wages received by the laborers and mechanics and not refunded to the contractor or subcontractors or their agents. (d) Discharge of Obligation. - The obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, under this subchapter and other laws incorporating this subchapter by reference, may be discharged by making payments in cash, by making contributions described in section 3141(2)(B)(i) of this title, by assuming an enforceable commitment to bear the costs of a plan or program referred to in section 3141(2)(B)(ii) of this title, or by any combination of payment, contribution, and assumption, where the aggregate of the payments, contributions, and costs is not less than the basic hourly rate of pay plus the amount referred to in section 3141(2)(B) of this title. (e) Overtime Pay. - In determining the overtime pay to which a laborer or mechanic is entitled under any federal law, the regular or basic hourly rate of pay (or other alternative rate on which premium rate of overtime compensation is computed) of the laborer or mechanic is deemed to be the rate computed under section 3141(2)(A) of this title, except that where the amount of payments, contributions, or costs incurred with respect to the laborer or mechanic exceeds the applicable prevailing wage, the regular or basic hourly rate of pay (or other alternative rate) is the amount of payments, contributions, or costs actually incurred with respect to the laborer or mechanic minus the greater of the amount of contributions or costs of the types described in section 3141(2)(B) of this title actually incurred with respect to the laborer or mechanic or the amount determined under section 3141(2)(B) of this title but not actually paid. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109-284, Sec. 6(12), (13), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3142(a), 40:276a(a) (words Mar. 3, 1931, ch. 411, Sec. (b) before 1st 1(a), 46 Stat. 1494; Aug. semicolon). 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, Sec. 1, 54 Stat. 399; Pub. L. 86-624, Sec. 26, July 12, 1960, 74 Stat. 418; Pub. L. 88-349, Sec. 1, July 2, 1964, 78 Stat. 238. 3142(c) 40:276a(a) (words after 1st semicolon). 3142(d) 40:276a(b) (1st Mar. 3, 1931, ch. 411, Sec. par. proviso). 1(b) (1st par. proviso, last par.), as added Pub. L. 88-349, Sec. 1, July 2, 1964, 78 Stat. 239. 3142(e) 40:276a(b) (last par.). -------------------------------------------------------------------- In subsection (a), the words "a State" are substituted for "the geographical limits of the States of the Union" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. In subsection (b), the words "city, town, village, or other" are omitted as unnecessary. In subsection (d), the words "of a type" are omitted as unnecessary. The words "basic hourly rate of pay" are substituted for "rate of pay described in paragraph (1)" for clarity. AMENDMENTS 2006 - Subsec. (d). Pub. L. 109-284, Sec. 6(12), inserted "of this title" after "amount referred to in section 3141(2)(B)". Subsec. (e). Pub. L. 109-284, Sec. 6(13), inserted "of this title" after "determined under section 3141(2)(B)". -End- -CITE- 40 USC Sec. 3143 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3143. Termination of work on failure to pay agreed wages -STATUTE- Every contract within the scope of this subchapter shall contain a provision that if the contracting officer finds that any laborer or mechanic employed by the contractor or any subcontractor directly on the site of the work covered by the contract has been or is being paid a rate of wages less than the rate of wages required by the contract to be paid, the Federal Government by written notice to the contractor may terminate the contractor's right to proceed with the work or the part of the work as to which there has been a failure to pay the required wages. The Government may have the work completed, by contract or otherwise, and the contractor and the contractor's sureties shall be liable to the Government for any excess costs the Government incurs. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1151.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3143 40:276a-1. Mar. 3, 1931, ch. 411, Sec. 2, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. -------------------------------------------------------------------- The words "The Government may have the work completed" are substituted for "and to prosecute the work to completion . . . thereby" for clarity. -End- -CITE- 40 USC Sec. 3144 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3144. Authority of Comptroller General to pay wages and list contractors violating contracts -STATUTE- (a) Payment of Wages. - (1) In general. - The Comptroller General shall pay directly to laborers and mechanics from any accrued payments withheld under the terms of a contract any wages found to be due laborers and mechanics under this subchapter. (2) Right of action. - If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this subchapter, the laborers and mechanics have the same right to bring a civil action and intervene against the contractor and the contractor's sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (b) List of Contractors Violating Contracts. - (1) In general. - The Comptroller General shall distribute to all departments of the Federal Government a list of the names of persons whom the Comptroller General has found to have disregarded their obligations to employees and subcontractors. (2) Restriction on awarding contracts. - No contract shall be awarded to persons appearing on the list or to any firm, corporation, partnership, or association in which the persons have an interest until three years have elapsed from the date of publication of the list. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1152.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3144(a)(1) 40:276a-2(a) (1st Mar. 3, 1931, ch. 411, Sec. sentence words 3, 46 Stat. 1494; Aug. 30, before semicolon). 1935, ch. 825, 49 Stat. 1012. 3144(a)(2) 40:276a-2(b). 3144(b) 40:276a-2(a) (1st sentence words after semicolon, last sentence). -------------------------------------------------------------------- In subsection (b), the words "or firms" are omitted as being included in "persons". -End- -CITE- 40 USC Sec. 3145 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3145. Regulations governing contractors and subcontractors -STATUTE- (a) In General. - The Secretary of Labor shall prescribe reasonable regulations for contractors and subcontractors engaged in constructing, carrying out, completing, or repairing public buildings, public works, or buildings or works that at least partly are financed by a loan or grant from the Federal Government. The regulations shall include a provision that each contractor and subcontractor each week must furnish a statement on the wages paid each employee during the prior week. (b) Application. - Section 1001 of title 18 applies to the statements. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1152.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3145(a) 40:276c (1st June 13, 1934, ch. 482, Sec. sentence). 2, 48 Stat. 948; May 24, 1949, ch. 139, Sec. 134, 63 Stat. 108; Pub. L. 85-800, Sec. 12, Aug. 28, 1958, 72 Stat. 967. 3145(b) 40:276c (last sentence). -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3146 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3146. Effect on other federal laws -STATUTE- This subchapter does not supersede or impair any authority otherwise granted by federal law to provide for the establishment of specific wage rates. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1152.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3146 40:276a-3. Mar. 3, 1931, ch. 411, Sec. 4, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3147 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3147. Suspension of this subchapter during a national emergency -STATUTE- The President may suspend the provisions of this subchapter during a national emergency. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3147 40:276a-5. Mar. 3, 1931, ch. 411, Sec. 6, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1013. -------------------------------------------------------------------- TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of former 40 U.S.C. 276a-5, the date July 25, 1947, was to be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941. -End- -CITE- 40 USC Sec. 3148 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER IV - WAGE RATE REQUIREMENTS -HEAD- Sec. 3148. Application of this subchapter to certain contracts -STATUTE- This subchapter applies to a contract authorized by law that is made without regard to section 3709 of the Revised Statutes (41 U.S.C. 5), or on a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3148 40:276a-7. Mar. 23, 1941, ch. 26 (last proviso in 5th complete par. on p. 53), 55 Stat. 53; Aug. 21, 1941, ch. 395 (last proviso in 14th par. on p. 664), 55 Stat. 664. -------------------------------------------------------------------- The words "this subchapter" are substituted for "such Act" to correct the reference as stated in 40:276a-7. -End- -CITE- 40 USC SUBCHAPTER V - VOLUNTEER SERVICES 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER V - VOLUNTEER SERVICES -HEAD- SUBCHAPTER V - VOLUNTEER SERVICES -End- -CITE- 40 USC Sec. 3161 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER V - VOLUNTEER SERVICES -HEAD- Sec. 3161. Purpose -STATUTE- It is the purpose of this subchapter to promote and provide opportunities for individuals who wish to volunteer their services to state or local governments, public agencies, or nonprofit charitable organizations in the construction, repair, or alteration (including painting and decorating) of public buildings and public works that at least partly are financed with federal financial assistance authorized under certain federal programs and that otherwise might not be possible without the use of volunteers. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3161 40:276d. Pub. L. 103-355, title VII, Sec. 7302, Oct. 13, 1994, 108 Stat. 3382. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3162 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER V - VOLUNTEER SERVICES -HEAD- Sec. 3162. Waiver for individuals who perform volunteer services -STATUTE- (a) Criteria for Receiving Waiver. - The requirement that certain laborers and mechanics be paid in accordance with the wage-setting provisions of subchapter IV of this chapter as set forth in the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), the Indian Health Care Improvement Act (25 U.S.C. 1601 et seq.), and the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) does not apply to an individual - (1) who volunteers to perform a service directly to a state or local government, a public agency, or a public or private nonprofit recipient of federal assistance - (A) for civic, charitable, or humanitarian reasons; (B) only for the personal purpose or pleasure of the individual; (C) without promise, expectation, or receipt of compensation for services rendered, except as provided in subsection (b); and (D) freely and without pressure or coercion, direct or implied, from any employer; (2) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering; (3) who is not employed by and does not provide services to a contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and (4) who otherwise is not employed by the same public agency or recipient of federal assistance to perform the same type of services as those for which the individual proposes to volunteer. (b) Payments. - (1) In accordance with regulations. - Volunteers described in subsection (a) who are performing services directly to a state or local government or public agency may receive payments of expenses, reasonable benefits, or a nominal fee only in accordance with regulations the Secretary of Labor prescribes. Volunteers who are performing services directly to a public or private nonprofit entity may not receive those payments. (2) Criteria and content of regulations. - In prescribing the regulations, the Secretary shall consider criteria such as the total amount of payments made (relating to expenses, benefits, or fees) in the context of the economic realities. The regulations shall include provisions that provide that - (A) a payment for an expense may be received by a volunteer for items such as uniform allowances, protective gear and clothing, reimbursement for approximate out-of-pocket expenses, or the cost or expense of meals and transportation; (B) a reasonable benefit may include the inclusion of a volunteer in a group insurance plan (such as a liability, health, life, disability, or worker's compensation plan) or pension plan, or the awarding of a length of service award; and (C) a nominal fee may not be used as a substitute for compensation and may not be connected to productivity. (3) Nominal fee. - The Secretary shall decide what constitutes a nominal fee for purposes of paragraph (2)(C). The decision shall be based on the context of the economic realities of the situation involved. (c) Economic Reality. - In determining whether an expense, benefit, or fee described in subsection (b) may be paid to volunteers in the context of the economic realities of the particular situation, the Secretary may not permit any expense, benefit, or fee that has the effect of undermining labor standards by creating downward pressure on prevailing wages in the local construction industry. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1153.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3162(a) 40:276d-1(a). Pub. L. 103-355, title VII, Secs. 7303, 7304, Oct. 13, 1994, 108 Stat. 3382. 40:276d-2. 40:276d-3. Pub. L. 103-355, title VII, Sec. 7305, Oct. 13, 1994, 108 Stat. 3384; Pub. L. 104-208, div. A, Sec. 101(e) [title VII, Sec. 709(a)(4)], Sept. 30, 1996, 110 Stat. 3009-312. 3162(b) 40:276d-1(b). 3162(c) 40:276d-1(c). -------------------------------------------------------------------- In subsection (a), the references to sections 254b and 254c of title 42 in 40:276d-3 are omitted. Sections 329 and 330 of the Public Health Service Act were omitted in the general amendment of subpart I of part D of title III of the Act (42:254b et seq.) by sections 2 and 3(a) of the Health Care Consolidation Act of 1996 (Public Law 104-299, 110 Stat. 3626), which enacted new sections 330 and 330A of the Public Health Service Act. Sections 330 and 330A do not refer to the Act of March 3, 1931 (ch. 411, 46 Stat. 1494). In subsection (b)(1), the words "Volunteers who are performing services directly to a public or private nonprofit entity may not receive those payments" are added for clarity. -REFTEXT- REFERENCES IN TEXT The Indian Self-Determination and Education Assistance Act, referred to in subsec. (a), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as amended, which is classified principally to subchapter II (Sec. 450 et seq.) of chapter 14 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 450 of Title 25 and Tables. The Indian Health Care Improvement Act, referred to in subsec. (a), is Pub. L. 94-437, Sept. 30, 1976, 90 Stat. 1400, as amended, which is classified principally to chapter 18 (Sec. 1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables. The Housing and Community Development Act of 1974, referred to in subsec. (a), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables. -End- -CITE- 40 USC SUBCHAPTER VI - MISCELLANEOUS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- SUBCHAPTER VI - MISCELLANEOUS -End- -CITE- 40 USC Sec. 3171 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3171. Contract authority when appropriation is for less than full amount -STATUTE- Unless specifically directed otherwise, the Administrator of General Services may make a contract within the full limit of the cost fixed by Congress for the acquisition of land for sites, or for the enlargement of sites, for public buildings, or for the erection, remodeling, extension, alteration, and repairs of public buildings, even though an appropriation is made for only part of the amount necessary to carry out legislation authorizing that purpose. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1154.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3171 40:261. May 30, 1908, ch. 228, Sec. 34, 35 Stat. 545. -------------------------------------------------------------------- The words "On and after May 30, 1908" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. -End- -CITE- 40 USC Sec. 3172 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3172. Extension of state workers' compensation laws to buildings, works, and property of the Federal Government -STATUTE- (a) Authorization of Extension. - The state authority charged with enforcing and requiring compliance with the state workers' compensation laws and with the orders, decisions, and awards of the authority may apply the laws to all land and premises in the State which the Federal Government owns or holds by deed or act of cession, and to all projects, buildings, constructions, improvements, and property in the State and belonging to the Government, in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State in which the land, premises, projects, buildings, constructions, improvements, or property are located. (b) Limitation on Relinquishing Jurisdiction. - The Government under this section does not relinquish its jurisdiction for any other purpose. (c) Nonapplication. - This section does not modify or amend subchapter I of chapter 81 of title 5. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1154.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3172(a) 40:290 (1st par., June 25, 1936, ch. 822, 49 last par. words Stat. 1938. before 1st proviso). 3172(b) 40:290 (last par. 1st proviso). 3172(c) 40:290 (last par. last proviso). -------------------------------------------------------------------- In subsection (a), the words "by purchase or otherwise" and 40:290(last par. words before 1st proviso) are omitted as unnecessary. Subsection (b) is substituted for 40:290(last par. 1st proviso) to eliminate unnecessary words. In subsection (c), the words "subchapter I of chapter 81 of title 5" are substituted for "the United States Employees' Compensation Act as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U.S.C., title 5 and supplement, sec. 751 et seq.)" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. -End- -CITE- 40 USC Sec. 3173 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3173. Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration -STATUTE- (a) Establishment and Purpose. - There is a working capital fund for the payment of salaries and other expenses necessary to the operation of a central blue-printing, photostating, and duplicating service. (b) Components. - The fund consists of - (1) $50,000 without fiscal year limitation; and (2) reimbursements from available amounts of constituents of the Administrator of General Services, or of any other federal agency for which services are performed, at rates to be determined by the Administrator on the basis of estimated or actual charges for personal services, material, equipment (including maintenance, repair, and depreciation on existing and new equipment) and other expenses, to ensure continuous operation. (c) Deposit of Excess Amounts in the Treasury. - At the close of each fiscal year any excess amount resulting from operation of the service, after adequately providing for the replacement of mechanical and other equipment and for accrued annual leave of employees engaged in this work by the establishment of reserves for those purposes, shall be deposited in the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1155.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3173(a), 40:293 (words May 3, 1945, ch. 106, title (b) before proviso). I, 101 (2d complete par. on p. 115), 59 Stat. 115. 3173(c) 40:293 (proviso). -------------------------------------------------------------------- In subsection (b)(2), the words "Administrator of General Services" are substituted for "Federal Works Agency" and "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. -End- -CITE- 40 USC Sec. 3174 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3174. Operation of public utility communications services serving governmental activities -STATUTE- The Administrator of General Services may provide and operate public utility communications services serving any governmental activity when the services are economical and in the interest of the Federal Government. This section does not apply to communications systems for handling messages of a confidential or secret nature, the operation of cryptographic equipment or transmission of secret, security, or coded messages, or buildings operated or occupied by the United States Postal Service, except on request of the department or agency concerned. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1155.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3174 40:295. June 14, 1946, ch. 404, Sec. 7, 60 Stat. 258. -------------------------------------------------------------------- The words "Administrator of General Services" are substituted for "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "in and outside the District of Columbia" are omitted as unnecessary. The words "United States Postal Service" are substituted for "Post Office Department" because of section 6(o) of the Postal Reorganization Act (Public Law 91-375, 84 Stat. 783). -End- -CITE- 40 USC Sec. 3175 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3175. Acceptance of gifts of property -STATUTE- The Administrator of General Services, and the United States Postal Service where that office is concerned, may accept on behalf of the Federal Government unconditional gifts of property in aid of any project or function within their respective jurisdictions. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1155.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3175 40:298a. June 16, 1949, ch. 218, title IV, Sec. 404, 63 Stat. 199. -------------------------------------------------------------------- The words "Administrator of General Services" are substituted for "Federal Works Administrator" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "United States Postal Service" are substituted for "Postmaster General" because of section 6(o) of the Postal Reorganization Act (Public Law 91-375, 84 Stat. 783). The words "real, personal, or other" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3176 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3176. Administrator of General Services to furnish services in continental United States to international bodies -STATUTE- Sections 1535 and 1536 of title 31 are extended so that the Administrator of General Services, at the request of the Secretary of State, may furnish services in the continental United States, on a reimbursable basis, to any international body with which the Federal Government is affiliated. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1156.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3176 40:298b. June 16, 1949, ch. 218, title IV, Sec. 405, 63 Stat. 199. -------------------------------------------------------------------- The words "Sections 1535 and 1536 of title 31" are substituted for "section 601 of the Economy Act, approved June 30, 1932, as amended" because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "Administrator of General Services" are substituted for "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "Secretary of State" are substituted for "State Department" because of 22:2651. -End- -CITE- 40 USC Sec. 3177 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 31 - GENERAL SUBCHAPTER VI - MISCELLANEOUS -HEAD- Sec. 3177. Use of photovoltaic energy in public buildings -STATUTE- (a) Photovoltaic Energy Commercialization Program. - (1) In general. - The Administrator of General Services may establish a photovoltaic energy commercialization program for the procurement and installation of photovoltaic solar electric systems for electric production in new and existing public buildings. (2) Purposes. - The purposes of the program shall be to accomplish the following: (A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel. (B) To reduce the fossil fuel consumption and costs of the Federal Government. (C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Government's Million Solar Roof Initiative of 1997. (D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods. (E) To develop program performance data to support policy decisions on future incentive programs with respect to energy. (3) Acquisition of photovoltaic solar electric systems. - (A) In general. - The program shall provide for the acquisition of photovoltaic solar electric systems and associated storage capability for use in public buildings. (B) Acquisition levels. - The acquisition of photovoltaic electric systems shall be at a level substantial enough to allow use of low-cost production techniques with at least 150 megawatts (peak) cumulative acquired during the 5 years of the program. (4) Administration. - The Administrator shall administer the program and shall - (A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection; (B) develop innovative procurement strategies for the acquisition of such systems; and (C) transmit to Congress an annual report on the results of the program. (b) Photovoltaic Systems Evaluation Program. - (1) In general. - Not later than 60 days after the date of enactment of this section, the Administrator shall establish a photovoltaic solar energy systems evaluation program to evaluate such photovoltaic solar energy systems as are required in public buildings. (2) Program requirement. - In evaluating photovoltaic solar energy systems under the program, the Administrator shall ensure that such systems reflect the most advanced technology. (c) Authorization of Appropriations. - (1) Photovoltaic energy commercialization program. - There are authorized to be appropriated to carry out subsection (a) $50,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended. (2) Photovoltaic systems evaluation program. - There are authorized to be appropriated to carry out subsection (b) $10,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended. -SOURCE- (Added Pub. L. 109-58, title II, Sec. 204(a), Aug. 8, 2005, 119 Stat. 653.) -REFTEXT- REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 109-58, which was approved Aug. 8, 2005. -End- -CITE- 40 USC CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -MISC1- Sec. 3301. Definitions and nonapplication. 3302. Prohibition on construction of buildings except by Administrator of General Services. 3303. Continuing investigation and survey of public buildings. 3304. Acquisition of buildings and sites. 3305. Construction and alteration of buildings. 3306. Accommodating federal agencies. 3307. Congressional approval of proposed projects. 3308. Architectural or engineering services. 3309. Buildings and sites in the District of Columbia. 3310. Special rules for leased buildings. 3311. State administration of criminal and health and safety laws. 3312. Compliance with nationally recognized codes. 3313. Delegation. 3314. Report to Congress. 3315. Certain authority not affected. -End- -CITE- 40 USC Sec. 3301 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3301. Definitions and nonapplication -STATUTE- (a) Definitions. - In this chapter - (1) Alter. - The term "alter" includes - (A) preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the alteration of a public building; and (B) repairing, remodeling, improving, or extending, or other changes in, a public building. (2) Construct. - The term "construct" includes preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the construction of a public building. (3) Executive agency. - The term "executive agency" means an executive department or independent establishment in the executive branch of the Federal Government, including - (A) any wholly owned Government corporation; (B) the Central-Bank for Cooperatives and the regional banks for cooperatives; (C) federal land banks; (D) federal intermediate credit banks; (E) the Federal Deposit Insurance Corporation; and (F) the Government National Mortgage Association. (4) Federal agency. - The term "federal agency" means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect). (5) Public building. - The term "public building" - (A) means a building, whether for single or multitenant occupancy, and its grounds, approaches, and appurtenances, which is generally suitable for use as office or storage space or both by one or more federal agencies or mixed-ownership Government corporations; (B) includes - (i) federal office buildings; (ii) post offices; (iii) customhouses; (iv) courthouses; (v) appraisers stores; (vi) border inspection facilities; (vii) warehouses; (viii) record centers; (ix) relocation facilities; (x) telecommuting centers; (xi) similar federal facilities; and (xii) any other buildings or construction projects the inclusion of which the President considers to be justified in the public interest; but (C) does not include a building or construction project described in subparagraphs (A) and (B) - (i) that is on the public domain (including that reserved for national forests and other purposes); (ii) that is on property of the Government in foreign countries; (iii) that is on Indian and native Eskimo property held in trust by the Government; (iv) that is on land used in connection with federal programs for agricultural, recreational, and conservation purposes, including research in connection with the programs; (v) that is on or used in connection with river, harbor, flood control, reclamation or power projects, for chemical manufacturing or development projects, or for nuclear production, research, or development projects; (vi) that is on or used in connection with housing and residential projects; (vii) that is on military installations (including any fort, camp, post, naval training station, airfield, proving ground, military supply depot, military school, or any similar facility of the Department of Defense); (viii) that is on installations of the Department of Veterans Affairs used for hospital or domiciliary purposes; or (ix) the exclusion of which the President considers to be justified in the public interest. (6) United states. - The term "United States" includes the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Nonapplication. - This chapter does not apply to the construction of any public building to which section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)) or section 1 of the Act of June 26, 1930 (19 U.S.C. 68) applies. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1156.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3301(a)(1) 40:612(2), (5), (6). Pub. L. 86-249, Sec. 13, Sept. 9, 1959, 73 Stat. 482; Pub. L. 90-448, title VIII, Sec. 807(f), Aug. 1, 1968, 82 Stat. 544; Pub. L. 101-73, title VII, Sec. 744(g), Aug. 9, 1989, 103 Stat. 438; Pub. L. 102-54, Sec. 13(o), June 13, 1991, 105 Stat. 278; Pub. L. 104-208, div. A, title I, Sec. 101(f) [title IV, Sec. 407(b)], Sept. 30, 1996, 110 Stat. 3009-338. 40:612a(1). Pub. L. 94-541, title I, Sec. 105(1), (2), Oct. 18, 1976, 90 Stat. 2507. 3301(a)(2) 40:612(6). 3301(a)(3) 40:612(4). 3301(a)(4) 40:612(3). 40:612a(2). 3301(a)(5) 40:612(1). 40:612a(2). 3301(a)(6) 40:612(7). 3301(b) 40:613. Pub. L. 86-249, Sec. 14, Sept. 9, 1959, 73 Stat. 483. -------------------------------------------------------------------- In subsection (a), the text of 40:612(2) and 612a(1) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section. In clause (5)(A), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with 31:9101. In clause (5)(B) and (C), the words "from time to time hereafter" are omitted as unnecessary. In clause (6), the words "territories and" are added for consistency in the revised title and with other titles of the United States Code. In subsection (b), the text of 40:613(1)-(3) is omitted as obsolete. The reference is to section 241(g) of the Immigration and Nationality Act rather than to section 242(c) to reflect the amendment of sections 241 and 242 by sections 305(a)(3) and 306(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208, div. C, 110 Stat. 3009-598, 3009-607). -End- -CITE- 40 USC Sec. 3302 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3302. Prohibition on construction of buildings except by Administrator of General Services -STATUTE- Only the Administrator of General Services may construct a public building. The Administrator shall construct a public building in accordance with this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3302 40:601. Pub. L. 86-249, Sec. 2, Sept. 9, 1959, 73 Stat. 479. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3303 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3303. Continuing investigation and survey of public buildings -STATUTE- (a) Conducted by Administrator. - The Administrator of General Services shall - (1) make a continuing investigation and survey of the public buildings needs of the Federal Government so that the Administrator may carry out the duties of the Administrator under this chapter; and (2) submit to Congress prospectuses of proposed projects in accordance with section 3307(a) and (b) of this title. (b) Cooperation with Federal Agencies. - (1) Duties of administrator. - In carrying out the duties of the Administrator under this chapter, the Administrator - (A) shall cooperate with all federal agencies in order to keep informed of their needs; (B) shall advise each federal agency of the program with respect to the agency; and (C) may request the cooperation and assistance of each federal agency in carrying out duties under this chapter. (2) Duty of federal agencies. - Each federal agency shall cooperate with, advise, and assist the Administrator in carrying out the duties of the Administrator under this chapter as determined necessary by the Administrator to carry out the purposes of this chapter. (c) Request for Identification of Existing Buildings of Historical, Architectural, or Cultural Significance. - When the Administrator undertakes a survey of the public buildings needs of the Government within a geographical area, the Administrator shall request that, within 60 days, the Advisory Council on Historic Preservation established by title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.) identify any existing buildings in the geographical area that - (1) are of historical, architectural, or cultural significance (as defined in section 3306(a) of this title); and (2) whether or not in need of repair, alteration, or addition, would be suitable for acquisition to meet the public buildings needs of the Government. (d) Standard for Construction and Acquisition of Public Buildings. - In carrying out the duties of the Administrator under this chapter, the Administrator shall provide for the construction and acquisition of public buildings equitably throughout the United States with due regard to the comparative urgency of the need for each particular building. In developing plans for new buildings, the Administrator shall give due consideration to excellence of architecture and design. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3303(a) 40:611(a). Pub. L. 86-249, Sec. 12(a), (b), (d), Sept. 9, 1959, 73 Stat. 482; Pub. L. 92-313, Sec. 2(2), (3), June 16, 1972, 86 Stat. 216; Pub. L. 94-541, title I, Sec. 103(3), Oct. 18, 1976, 90 Stat. 2506. 3303(b) 40:611(b). 3303(c) 40:611(c). Pub. L. 86-249, Sec. 12(c), as added Pub. L. 94-541, title I, Sec. 103(3), Oct. 18, 1976, 90 Stat. 2506. 3303(d) 40:611(d). -------------------------------------------------------------------- In subsection (c)(1), the word "historical" is substituted for "historic" to conform to the defined term. In subsection (c)(2), the word "purchase" is omitted as being included in ["]'acquisition". -REFTEXT- REFERENCES IN TEXT The National Historic Preservation Act, referred to in subsec. (c), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended. Title II of the Act is classified generally to sections 470i to 470v of Title 16, Conservation. For complete classification of this Act to the Code, see section 470 of Title 16 and Tables. -End- -CITE- 40 USC Sec. 3304 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3304. Acquisition of buildings and sites -STATUTE- (a) In General. - The Administrator of General Services may acquire, by purchase, condemnation, donation, exchange, or otherwise, any building and its site which the Administrator decides is necessary to carry out the duties of the Administrator under this chapter. (b) Acquisition of Land or Interest in Land for Use as Sites. - The Administrator may acquire, by purchase, condemnation, donation, exchange, or otherwise, land or an interest in land the Administrator considers necessary for use as sites, or additions to sites, for public buildings authorized to be constructed or altered under this chapter. (c) Public Buildings Used for Post Office Purposes. - When any part of a public building is to be used for post office purposes, the Administrator shall act jointly with the United States Postal Service in selecting the town or city where the building is to be constructed, and in selecting the site in the town or city for the building. (d) Solicitation of Proposals for Sale, Donation, or Exchange of Real Property. - When the Administrator is to acquire a site under subsection (b), the Administrator, if the Administrator considers it necessary, by public advertisement may solicit proposals for the sale, donation, or exchange of real property to the Federal Government to be used as the site. In selecting a site under subsection (b) the Administrator (with the concurrence of the United States Postal Service if any part of the public building to be constructed on the site is to be used for post office purposes) may - (1) select the site that the Administrator believes is the most advantageous to the Government, all factors considered; and (2) acquire the site without regard to title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 108-178, Sec. 3(1), Dec. 15, 2003, 117 Stat. 2640.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3304(a) 40:602. Pub. L. 86-249, Secs. 3, 5, Sept. 9, 1959, 73 Stat. 479. 3304(b) 40:604(a). 3304(c) 40:604(b). 3304(d) 40:604(c). -------------------------------------------------------------------- In subsections (c) and (d), the words "United States Postal Service" are substituted for "Postmaster General" in subsections (b) and (c) of section 5 of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 479) because of section 4(a) of the Postal Reorganization Act (Public Law 91-375, 84 Stat. 773). -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (d)(2), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 2003 - Subsec. (b). Pub. L. 108-178 inserted ", by purchase, condemnation, donation, exchange, or otherwise," after "The Administrator may acquire". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section 5 of Pub. L. 108-178, set out as a note under section 5334 of Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 3305 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3305. Construction and alteration of buildings -STATUTE- (a) Construction. - (1) Replacement of existing buildings. - When the Administrator of General Services considers it to be in the best interest of the Federal Government to construct a new public building to take the place of an existing public building, the Administrator may demolish the existing building and use the site on which it is located for the site of the proposed public building. If the Administrator believes that it is more advantageous to construct the public building on a different site in the same city, the Administrator may exchange the building and site, or the site, for another site, or may sell the building and site in accordance with subtitle I of this title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (2) Sale or exchange of sites. - When the Administrator decides that a site acquired for the construction of a public building is not suitable for that purpose, the Administrator may exchange the site for another site, or may sell it in accordance with subtitle I of this title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.). (3) Committee approval required. - This subsection does not permit the Administrator to use any land as a site for a public building if the project has not been approved in accordance with section 3307 of this title. (b) Alteration of Buildings. - (1) Authority to alter buildings and acquire land. - The Administrator may - (A) alter any public building; and (B) acquire in accordance with section 3304(b)-(d) of this title land necessary to carry out the alteration. (2) Committee approval not required. - (A) Threshold amount. - Approval under section 3307 of this title is not required for any alteration and acquisition authorized by this subsection for which the estimated maximum cost does not exceed $1,500,000. (B) Dollar amount adjustment. - The Administrator annually may adjust the dollar amount referred to in subparagraph (A) to reflect a percentage increase or decrease in construction costs during the prior calendar year, as determined by the composite index of construction costs of the Department of Commerce. Any adjustment shall be expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (c) Construction or Alteration by Contract. - The Administrator may carry out any construction or alteration authorized by this chapter by contract if the Administrator considers it to be most advantageous to the Government. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1159.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3305(a) 40:605. Pub. L. 86-249, Secs. 6, 9, Sept. 9, 1959, 73 Stat. 479, 481. 3305(b)(1) 40:603(a). Pub. L. 86-249, Sec. 4, Sept. 9, 1959, 73 Stat. 479; Pub. L. 92-313, Sec. 2(1), June 16, 1972, 86 Stat. 216; Pub. L. 100-678, Sec. 2, Nov. 17, 1988, 102 Stat. 4049. 3305(b)(2)( 40:603(b). A) 3305(b)(2)( 40:606(f) (related Pub. L. 86-249, Sec. 7(f) B) to 40:603(b)). (related to Sec. 4(b)), Sept. 9, 1959, as added Pub. L. 100-678, Sec. 4, Nov. 17, 1988, 102 Stat. 4050. 3305(c) 40:608. -------------------------------------------------------------------- In subsection (a)(1) and (2), the words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. In subsection (b)(2)(B), the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7(f) of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104-14, 2:21 note prec.). -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(1) and (2), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Act is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. -End- -CITE- 40 USC Sec. 3306 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3306. Accommodating federal agencies -STATUTE- (a) Definitions. - In this section - (1) Commercial activities. - The term "commercial activities" includes the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. (2) Cultural activities. - The term "cultural activities" includes film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not those activities are intended to make a profit. (3) Educational activities. - The terms "educational activities" includes the operations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities. (4) Historical, architectural, or cultural significance. - The term "historical, architectural, or cultural significance" includes buildings listed or eligible to be listed on the National Register established under section 101 of the National Historic Preservation Act (16 U.S.C. 470a). (5) Recreational activities. - The term "recreational activities" includes the operations of gymnasiums and related facilities. (6) Unit of general local government. - The term "unit of general local government" means a city, county, town, parish, village, or other general-purpose political subdivision of a State. (b) Duties of Administrator. - To carry out the duties of the Administrator of General Services under sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5) of this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary to accommodate federal agencies and to accomplish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the Administrator shall - (1) acquire and utilize space in suitable buildings of historical, architectural, or cultural significance, unless use of the space would not prove feasible and prudent compared with available alternatives; (2) encourage the location of commercial, cultural, educational, and recreational facilities and activities in public buildings; (3) provide and maintain space, facilities, and activities, to the extent practicable, that encourage public access to, and stimulate public pedestrian traffic around, into, and through, public buildings, permitting cooperative improvements to and uses of the area between the building and the street, so that the activities complement and supplement commercial, cultural, educational, and recreational resources in the neighborhood of public buildings; and (4) encourage the public use of public buildings for cultural, educational, and recreational activities. (c) Consultation and Solicitation of Comments. - In carrying out the duties under subsection (b), the Administrator shall - (1) consult with chief executive officers of the States, areawide agencies established pursuant to title II of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3331 et seq.) and section 6506 of title 31, and chief executive officers of those units of general local government in each area served by an existing or proposed public building; and (2) solicit the comments of other community leaders and members of the general public as the Administrator considers appropriate. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1160.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3306(a)(1) 40:612a(5). Pub. L. 94-541, title I, Secs. 102, 105(3)-(8), Oct. 18, 1976, 90 Stat. 2505, 2507. 3306(a)(2) 40:612a(6). 3306(a)(3) 40:612a(7). 3306(a)(4) 40:612a(4). 3306(a)(5) 40:612a(8). 3306(a)(6) 40:612a(3). 3306(b) 40:601a(a). 3306(c) 40:601a(b). -------------------------------------------------------------------- In subsection (b)(1), the word "historical" is substituted for "historic" to conform to the defined term. In subsection (c)(1), the words "chief executive officers of the States" are substituted for "Governors" for clarity and for consistency in the revised title and with other titles of the United States Code. The words "section 6506 of title 31" are substituted for "title IV of the Intergovernmental Cooperation Act of 1968" in section 102(b) of the Public Buildings Cooperative Use Act of 1976 (Public Law 94-541, 90 Stat. 2505) because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. -REFTEXT- REFERENCES IN TEXT The Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89-754, Nov. 3, 1966, 80 Stat. 1255, as amended. Title II of the Act is classified generally to subchapter II (Sec. 3331 et seq.) of chapter 41 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3331 of Title 42 and Tables. -EXEC- EX. ORD. NO. 13006. LOCATING FEDERAL FACILITIES ON HISTORIC PROPERTIES IN OUR NATION'S CENTRAL CITIES Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act (16 U.S.C. 470 et seq.) and the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title I of Pub. L. 94-541, see Tables for classification], and in furtherance of and consistent with Executive Order No. 12072 of August 16, 1978 [40 U.S.C. 121 note], and Executive Order No. 11593 of May 13, 1971 [16 U.S.C. 470 note], it is hereby ordered as follows: Section 1. Statement of Policy. Through the Administration's community empowerment initiatives, the Federal Government has undertaken various efforts to revitalize our central cities, which have historically served as the centers for growth and commerce in our metropolitan areas. Accordingly, the Administration hereby reaffirms the commitment set forth in Executive Order No. 12072 to strengthen our Nation's cities by encouraging the location of Federal facilities in our central cities. The Administration also reaffirms the commitments set forth in the National Historic Preservation Act to provide leadership in the preservation of historic resources, and in the Public Buildings Cooperative Use Act of 1976 to acquire and utilize space in suitable buildings of historic, architectural, or cultural significance. To this end, the Federal Government shall utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts, especially those located in our central business areas. When implementing these policies, the Federal Government shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum benefit to, society. Sec. 2. Encouraging the Location of Federal Facilities on Historic Properties in Our Central Cities. When operationally appropriate and economically prudent, and subject to the requirements of section 601 of title VI of the Rural Development Act of 1972, as amended (42 U.S.C. 3122) [now 7 U.S.C. 2204b-1], and Executive Order No. 12072, when locating Federal facilities, Federal agencies shall give first consideration to historic properties within historic districts. If no such property is suitable, then Federal agencies shall consider other developed or undeveloped sites within historic districts. Federal agencies shall then consider historic properties outside of historic districts, if no suitable site within a district exists. Any rehabilitation or construction that is undertaken pursuant to this order must be architecturally compatible with the character of the surrounding historic district or properties. Sec. 3. Identifying and Removing Regulatory Barriers. Federal agencies with responsibilities for leasing, acquiring, locating, maintaining, or managing Federal facilities or with responsibilities for the planning for, or managing of, historic resources shall take steps to reform, streamline, and otherwise minimize regulations, policies, and procedures that impede the Federal Government's ability to establish or maintain a presence in historic districts or to acquire historic properties to satisfy Federal space needs, unless such regulations, policies, and procedures are designed to protect human health and safety or the environment. Federal agencies are encouraged to seek the assistance of the Advisory Council on Historic Preservation when taking these steps. Sec. 4. Improving Preservation Partnerships. In carrying out the authorities of the National Historic Preservation Act, the Secretary of the Interior, the Advisory Council on Historic Preservation, and each Federal agency shall seek appropriate partnerships with States, local governments, Indian tribes, and appropriate private organizations with the goal of enhancing participation of these parties in the National Historic Preservation Program. Such partnerships should embody the principles of administrative flexibility, reduced paperwork, and increased service to the public. Sec. 5. Judicial Review. This order is not intended to create, nor does it create, any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. William J. Clinton. -End- -CITE- 40 USC Sec. 3307 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3307. Congressional approval of proposed projects -STATUTE- (a) Resolutions Required Before Appropriations May Be Made. - The following appropriations may be made only if the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives adopt resolutions approving the purpose for which the appropriation is made: (1) An appropriation to construct, alter, or acquire any building to be used as a public building which involves a total expenditure in excess of $1,500,000, so that the equitable distribution of public buildings throughout the United States with due regard for the comparative urgency of need for the buildings, except as provided in section 3305(b) of this title, is ensured. (2) An appropriation to lease any space at an average annual rental in excess of $1,500,000 for use for public purposes. (3) An appropriation to alter any building, or part of the building, which is under lease by the Federal Government for use for a public purpose if the cost of the alteration will exceed $750,000. (b) Transmission to Congress of Prospectus of Proposed Project. - To secure consideration for the approval referred to in subsection (a), the Administrator of General Services shall transmit to Congress a prospectus of the proposed facility, including - (1) a brief description of the building to be constructed, altered, or acquired, or the space to be leased, under this chapter; (2) the location of the building or space to be leased and an estimate of the maximum cost to the Government of the facility to be constructed, altered, or acquired, or the space to be leased; (3) a comprehensive plan for providing space for all Government officers and employees in the locality of the proposed facility or the space to be leased, having due regard for suitable space which may continue to be available in existing Government-owned or occupied buildings, especially those buildings that enhance the architectural, historical, social, cultural, and economic environment of the locality; (4) with respect to any project for the construction, alteration, or acquisition of any building, a statement by the Administrator that suitable space owned by the Government is not available and that suitable rental space is not available at a price commensurate with that to be afforded through the proposed action; (5) a statement by the Administrator of the economic and other justifications for not acquiring a building identified to the Administrator under section 3303(c) of this title as suitable for the public building needs of the Government; and (6) a statement of rents and other housing costs currently being paid by the Government for federal agencies to be housed in the building to be constructed, altered, or acquired, or the space to be leased. (c) Increase of Estimated Maximum Cost. - The estimated maximum cost of any project approved under this section as set forth in any prospectus may be increased by an amount equal to any percentage increase, as determined by the Administrator, in construction or alteration costs from the date the prospectus is transmitted to Congress. The increase authorized by this subsection may not exceed 10 percent of the estimated maximum cost. (d) Rescission of Approval. - If an appropriation is not made within one year after the date a project for construction, alteration, or acquisition is approved under subsection (a), the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives by resolution may rescind its approval before an appropriation is made. (e) Emergency Leases by the Administrator. - This section does not prevent the Administrator from entering into emergency leases during any period declared by the President to require emergency leasing authority. An emergency lease may not be for more than 180 days without approval of a prospectus for the lease in accordance with subsection (a). (f) Limitation on Leasing Certain Space. - (1) In general. - The Administrator may not lease space to accommodate any of the following if the average rental cost of leasing the space will exceed $1,500,000: (A) Computer and telecommunications operations. (B) Secure or sensitive activities related to the national defense or security, except when it would be inappropriate to locate those activities in a public building or other facility identified with the Government. (C) A permanent courtroom, judicial chamber, or administrative office for any United States court. (2) Exception. - The Administrator may lease space with respect to which paragraph (1) applies if the Administrator - (A) decides, for reasons set forth in writing, that leasing the space is necessary to meet requirements which cannot be met in public buildings; and (B) submits the reasons to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. (g) Dollar Amount Adjustment. - The Administrator annually may adjust any dollar amount referred to in this section to reflect a percentage increase or decrease in construction costs during the prior calendar year, as determined by the composite index of construction costs of the Department of Commerce. Any adjustment shall be expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1161.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3307(a) 40:606(a) (1st-3d Pub. L. 86-249, Sec. sentences). 7(a)-(d), Sept. 9, 1959, 73 Stat. 480; Pub. L. 92-313, Sec. 2(4), June 16, 1972, 86 Stat. 217; Pub. L. 94-541, title I, Sec. 103(1), (2), Oct. 18, 1976, 90 Stat. 2505; Pub. L. 100-678, Secs. 2, 3(a), Nov. 17, 1988, 102 Stat. 4049; Pub. L. 103-437, Sec. 14(b)(1), Nov. 2, 1994, 108 Stat. 4590. 3307(b) 40:606(a) (last sentence). 3307(c) 40:606(b). 3307(d) 40:606(c). 3307(e) 40:606(d). 3307(f) 40:606(e). Pub. L. 86-249, Sec. 7(e), as added Pub. L. 100-678, Sec. 3(b), Nov. 17, 1988, 102 Stat. 4049. 3307(g) 40:606(f) (related Pub. L. 86-249, Sec. 7(f) to this section). (related to this section), Sept. 9, 1959, as added Pub. L. 100-678, Sec. 4, Nov. 17, 1988, 102 Stat. 4050. -------------------------------------------------------------------- In this section, the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7 of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104-14, 2:21 note prec.). The word "purchase" is omitted as being included in "acquire". In subsection (c), the words "if any" and "as the case may be" are omitted as unnecessary. In subsection (d), the words "at any time thereafter" are omitted as unnecessary. In subsection (f)(2)(A), the word "first" is omitted as unnecessary. -End- -CITE- 40 USC Sec. 3308 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3308. Architectural or engineering services -STATUTE- (a) Employment by Administrator. - When the Administrator of General Services decides it to be necessary, the Administrator may employ, by contract or otherwise, without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5, civil service rules and regulations, or section 3709 of the Revised Statutes (41 U.S.C. 5), the services of established architectural or engineering corporations, firms, or individuals, to the extent the Administrator may require those services for any public building authorized to be constructed or altered under this chapter. (b) Employment on Permanent Basis Not Permitted. - A corporation, firm, or individual shall not be employed under authority of subsection (a) on a permanent basis. (c) Responsibility of Administrator. - Notwithstanding any other provision of this section, the Administrator is responsible for all construction authorized by this chapter, including the interpretation of construction contracts, approval of material and workmanship supplied under a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1163.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3308(a) 40:609(a). Pub. L. 86-249, Sec. 10, Sept. 9, 1959, 73 Stat. 481. 3308(b) 40:609(b). 3308(c) 40:609(c). -------------------------------------------------------------------- In subsection (a), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" and the reference to civil service laws in section 10(a) of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 481) because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 31, United States Code. -End- -CITE- 40 USC Sec. 3309 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3309. Buildings and sites in the District of Columbia -STATUTE- (a) In General. - The purposes of this chapter shall be carried out in the District of Columbia as nearly as may be practicable in harmony with the plan of Peter Charles L'Enfant. Public buildings shall be constructed or altered to combine architectural beauty with practical utility. (b) Closing of Streets and Alleys. - When the Administrator of General Services decides that constructing or altering a public building under this chapter in the District of Columbia requires using contiguous squares as a site for the building, parts of streets that lie between the squares, and alleys that intersect the squares, may be closed and vacated if agreed to by the Administrator, the Council of the District of Columbia, and the National Capital Planning Commission. Those streets and alleys become part of the site. (c) Consultations Prior to Acquisitions. - (1) With house office building commission. - The Administrator must consult with the House Office Building Commission created by the Act of March 4, 1907 (ch. 2918, 34 Stat. 1365), before the Administrator may acquire land located south of Independence Avenue, between Third Street SW and Eleventh Street SE, in the District of Columbia, for use as a site or an addition to a site. (2) With architect of capitol. - The Administrator must consult with the Architect of the Capitol before the Administrator may acquire land located in the area extending from the United States Capitol Grounds to Eleventh Street NE and SE and bounded by Independence Avenue on the south and G Street NE on the north, in the District of Columbia, for use as a site or an addition to a site. (d) Contracts for Events in Stadium. - Notwithstanding the District of Columbia Stadium Act of 1957 (Public Law 85-300, 71 Stat. 619) or any other provision of law, the Armory Board may make contracts to conduct events in Robert F. Kennedy Stadium. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1163.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3309(a) 40:607(a). Pub. L. 86-249, Sec. 8(a), (b), Sept. 9, 1959, 73 Stat. 481; Pub. L. 87-476, Secs. 1, 2, June 8, 1962, 76 Stat. 92. 3309(b) 40:607(b). 3309(c) 40:607(c). Pub. L. 86-249, Sec. 8(c), Sept. 9, 1959, as added Pub. L. 87-476, Sec. 3, June 8, 1962, 76 Stat. 92. 3309(d) 40:607(d). Pub. L. 86-249, Sec. 8(d), Sept. 9, 1959, as added Pub. L. 93-72, July 10, 1973, 87 Stat. 169. -------------------------------------------------------------------- In subsection (b), the words "Council of the District of Columbia" are substituted for "Board of Commissioners of the District of Columbia" [subsequently changed to "District of Columbia Council" because of section 402(431) of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] in section 8(b) of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 481) because of sections 401 and 404(a) of the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 785, 787). Subsection (d) is substituted for 40:607(d) to eliminate obsolete words. -REFTEXT- REFERENCES IN TEXT The Act of March 4, 1907, referred to in subsec. (c)(1), is act Mar. 4, 1907, ch. 2918, 34 Stat. 1365, as amended, which is classified to section 2001 of Title 2, The Congress. The District of Columbia Stadium Act of 1957, referred to in subsec. (d), is Pub. L. 85-300, Sept. 7, 1957, 71 Stat. 619, as amended, which is not classified to the Code. -End- -CITE- 40 USC Sec. 3310 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3310. Special rules for leased buildings -STATUTE- For any building to be constructed for lease to, and for predominant use by, the Federal Government, the Administrator of General Services - (1) notwithstanding section 585(a)(1) of this title, shall not make any agreement or undertake any commitment which will result in the construction of the building until the Administrator has established detailed specification requirements for the building; (2) may acquire a leasehold interest in the building only by the use of competitive procedures required by section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253); (3) shall inspect every building during construction to establish that the specifications established for the building are complied with; (4) on completion of the building, shall evaluate the building to determine the extent of failure to comply with the specifications referred to in clause (1); and (5) shall ensure that any contract entered into for the building shall contain provisions permitting a reduction of rent during any period when the building is not in compliance with the specifications. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1164.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3310 40:618. Pub. L. 86-249, Sec. 20, as added Pub. L. 100-678, Sec. 5, Nov. 17, 1988, 102 Stat. 4050. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3311 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3311. State administration of criminal and health and safety laws -STATUTE- When the Administrator of General Services considers it desirable, the Administrator may assign to a State or a territory or possession of the United States any part of the authority of the Federal Government to administer criminal laws and health and safety laws with respect to land or an interest in land under the control of the Administrator and located in the State, territory, or possession. Assignment of authority under this section may be accomplished by filing with the chief executive officer of the State, territory, or possession a notice of assignment to take effect on acceptance, or in another manner as may be prescribed by the laws of the State, territory, or possession in which the land or interest is located. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1164.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3311 40:617. Pub. L. 86-249, Sec. 19, as added Pub. L. 100-678, Sec. 5, Nov. 17, 1988, 102 Stat. 4050. -------------------------------------------------------------------- The words "Notwithstanding any other provision of law" and "commonwealth" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 3312 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3312. Compliance with nationally recognized codes -STATUTE- (a) Application. - (1) In general. - This section applies to any project for construction or alteration of a building for which amounts are first appropriated for a fiscal year beginning after September 30, 1989. (2) National security waiver. - This section does not apply to a building for which the Administrator of General Services or the head of the federal agency authorized to construct or alter the building decides that the application of this section to the building would adversely affect national security. A decision under this subsection is not subject to administrative or judicial review. (b) Building Codes. - Each building constructed or altered by the General Services Administration or any other federal agency shall be constructed or altered, to the maximum extent feasible as determined by the Administrator or the head of the federal agency, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes, including electrical codes, fire and life safety codes, and plumbing codes, as the Administrator decides is appropriate. In carrying out this subsection, the Administrator or the head of the federal agency shall use the latest edition of the nationally recognized codes. (c) Zoning Laws. - Each building constructed or altered by the Administration or any other federal agency shall be constructed or altered only after consideration of all requirements (except procedural requirements) of the following laws of a State or a political subdivision of a State, which would apply to the building if it were not a building constructed or altered by a federal agency: (1) Zoning laws. (2) Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, esthetic qualities of a building, and other similar laws. (d) Cooperation With State and Local Officials. - (1) State and local government consultation, review, and inspections. - To meet the requirements of subsections (b) and (c), the Administrator or the head of the federal agency authorized to construct or alter the building - (A) in preparing plans for the building, shall consult with appropriate officials of the State or political subdivision of a State, or both, in which the building will be located; (B) on request shall submit the plans in a timely manner to the officials for review by the officials for a reasonable period of time not exceeding 30 days; and (C) shall permit inspection by the officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if the officials provide to the Administrator or the head of the federal agency - (i) a copy of the schedule before construction of the building is begun; and (ii) reasonable notice of their intention to conduct any inspection before conducting the inspection. (2) Limitation on responsibilities. - This section does not impose an obligation on any State or political subdivision to take any action under paragraph (1). (e) State and Local Government Recommendations. - Appropriate officials of a State or political subdivision of a State may make recommendations to the Administrator or the head of the federal agency authorized to construct or alter a building concerning measures necessary to meet the requirements of subsections (b) and (c). The officials also may make recommendations to the Administrator or the head of the federal agency concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Administrator or the head of the agency shall give due consideration to the recommendations. (f) Effect of Noncompliance. - An action may not be brought against the Federal Government and a fine or penalty may not be imposed against the Government for failure to meet the requirements of subsection (b), (c), or (d) or for failure to carry out any recommendation under subsection (e). (g) Limitation on Liability. - The Government and its contractors shall not be required to pay any amount for any action a State or a political subdivision of a State takes to carry out this section, including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1165.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3312(a)(1) 40:619(g). Pub. L. 86-249, Sec. 21, as added Pub. L. 100-678, Sec. 6(a), Nov. 17, 1988, 102 Stat. 4051. 3312(a)(2) 40:619(h). 3312(b) 40:619(a). 3312(c) 40:619(b). 3312(d) 40:619(c). 3312(e) 40:619(d). 3312(f) 40:619(e). 3312(g) 40:619(f). -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3313 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3313. Delegation -STATUTE- (a) When Allowed. - The carrying out of the duties and powers of the Administrator of General Services under this chapter, in accordance with standards the Administrator prescribes - (1) shall, except for the authority contained in section 3305(b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and (2) may be delegated to the appropriate executive agency when the Administrator determines that delegation will promote efficiency and economy. (b) No Exemption From Other Provisions of Chapter. - Delegation under subsection (a) does not exempt the person to whom the delegation is made, or the carrying out of the delegated duty or power, from any other provision of this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1166; Pub. L. 109-304, Sec. 17(g)(3), Oct. 6, 2006, 120 Stat. 1709.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3313(a) 40:614 (1st Pub. L. 86-249, Sec. 15, sentence). Sept. 9, 1959, 73 Stat. 483. 3313(b) 40:614 (last sentence). -------------------------------------------------------------------- In subsection (a), before clause (1), the words "duties and powers" are substituted for "responsibilities and authorities" for consistency in the revised title and with other titles of the United States Code. AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-304 substituted "The" for "Except for the authority contained in section 3305(b) of this title, the" in introductory provisions and "shall, except for the authority contained in section 3305(b) of this title," for "shall" in par. (1). -End- -CITE- 40 USC Sec. 3314 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3314. Report to Congress -STATUTE- (a) Request by Either House of Congress or Any Committee. - Within a reasonable time after a request of either House of Congress or any committee of Congress, the Administrator of General Services shall submit a report showing the location, space, cost, and status of each public building the construction, alteration, or acquisition of which - (1) is to be under authority of this chapter; and (2) was uncompleted as of the date of the request, or as of another date the request may designate. (b) Request of Committee on Public Works and Environment or Committee on Transportation and Infrastructure. - The Administrator and the United States Postal Service shall make building project surveys requested by resolution by the Committee on Environment and Public Works of the Senate or the Committee on Transportation and Infrastructure of the House of Representatives, and within a reasonable time shall make a report on the survey to Congress. The report shall contain all other information required to be included in a prospectus of the proposed public building project under section 3307(b) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1166.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3314(a) 40:610(a). Pub. L. 86-249, Sec. 11, Sept. 9, 1959, 73 Stat. 481; Pub. L. 96-470, title II, Sec. 211, Oct. 19, 1980, 94 Stat. 2246; Pub. L. 103-437, Sec. 14(b)(2), Nov. 2, 1994, 108 Stat. 4591. 3314(b) 40:610(b). -------------------------------------------------------------------- In subsection (b), the words "United States Postal Service" are substituted for "Postmaster General" in section 11(b) of the Public Buildings Act of 1959 (Public Law 86-249, 73 Stat. 481) because of section 4(a) of the Postal Reorganization Act (Public Law 91-375, 84 Stat. 773). The words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 11(b) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104-14, 2:21 note prec.). -End- -CITE- 40 USC Sec. 3315 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 33 - ACQUISITION, CONSTRUCTION, AND ALTERATION -HEAD- Sec. 3315. Certain authority not affected -STATUTE- This chapter does not limit or repeal the authority conferred by law on the United States Postal Service. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3315 40:615. Pub. L. 86-249, Sec. 16, Sept. 9, 1959, 73 Stat. 483; Pub. L. 91-375, Sec. 6(m)(3), Aug. 12, 1970, 84 Stat. 782. -------------------------------------------------------------------- The text of 40:615(1) is omitted as obsolete. -End- -CITE- 40 USC CHAPTER 35 - NON-FEDERAL PUBLIC WORKS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -HEAD- CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -MISC1- Sec. 3501. Definitions. 3502. Planned public works. 3503. Revolving fund. 3504. Surveys of public works planning. 3505. Forgiveness of outstanding advances. -End- -CITE- 40 USC Sec. 3501 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -HEAD- Sec. 3501. Definitions -STATUTE- In this chapter, the following definitions apply: (1) Public agency. - The term "public agency" means a State or a public agency or political subdivision of a State. (2) Public works. - The term "public works" includes any public works other than housing. (3) State. - The term "State" means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3501 40:460. Aug. 2, 1954, ch. 649, title VII, Sec. 703, 68 Stat. 641; Pub. L. 90-19, Sec. 10(d), May 25, 1967, 81 Stat. 22; Pub. L. 93-383, title IV, Sec. 401(c), Aug. 22, 1974, 88 Stat. 691. -------------------------------------------------------------------- In this section, the text of 40:460(2) is omitted as unnecessary because the complete name of the Secretary of Housing and Urban Development is used the first time the term appears in a section. In clause (1), the words "or 'public agencies' " are omitted as unnecessary because of 1:1. In clause (3), the words "Guam, the Virgin Islands" are added to clarify that the provisions of the source law apply to those jurisdictions. The words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. -End- -CITE- 40 USC Sec. 3502 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -HEAD- Sec. 3502. Planned public works -STATUTE- (a) Advances To Ensure Planning. - Notwithstanding section 3324(a) and (b) of title 31, the Secretary of Housing and Urban Development may make advances to public agencies and Indian tribes - (1) to encourage public agencies and Indian tribes to maintain at all times a current and adequate reserve of planned public works the construction of which can rapidly be commenced, particularly when the national or local economic situation makes that action desirable; and (2) to help attain maximum economy and efficiency in the planning and construction of public works. (b) Uses of Advances. - A public agency or Indian tribe shall use an advance under subsection (a) to aid in financing the cost of feasibility studies, engineering and architectural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works, and for construction in connection with the development of a medical center, a general plan for the development of the center. (c) No Future Commitment. - An advance under subsection (a) does not commit the Congress to appropriate amounts to assist in financing the construction of any public works planned with the aid of that advance. Outstanding advances to public agencies and Indian tribes in a State shall not exceed 12.5 percent of the aggregate then authorized to be appropriated to the revolving fund established under section 3503 of this title. (d) Requirements for Advances. - An advance shall not be made under subsection (a) for an individual project (including a regional, metropolitan, or other areawide project) unless - (1) the project is planned to be constructed within or over a reasonable period of time considering the nature of the project; (2) the project conforms to an overall state, local, or regional plan approved by a competent state, local, or regional authority; and (3) the public agency or Indian tribe formally contracts with the Federal Government to complete the plan preparation promptly and to repay part or all of the advance when due. (e) Regulations. - The Secretary may prescribe regulations to carry out this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1167.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3502 40:462(a), (b), (d). Aug. 2, 1954, ch. 649, title VII, Sec. 702(a), (b), (d), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, Sec. 112, 69 Stat. 641; Pub. L. 87-70, title V, Sec. 502(1), (2), June 30, 1961, 75 Stat. 175; Pub. L. 88-560, title VI, Sec. 602(a)-(c), (e), (f), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90-19, Sec. 10(a) (related to 40:462), May 25, 1967, 81 Stat. 22; Pub. L. 90-448, title VI, Sec. 607, Aug. 1, 1968, 82 Stat. 534; Pub. L. 100-242, title V, Sec. 524(1), Feb. 5, 1988, 101 Stat. 1939. -------------------------------------------------------------------- In subsection (a), the words "section 3324(a) and (b) of title 31" are substituted for "section 3648 of the Revised Statutes, as amended" in section 702(a) of the Housing Act of 1954 (ch. 649, 68 Stat. 641) because of section 4(b) of the Act of September 13, 1982 (Public Law 97-258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "municipalities and other" are omitted as being included in "public agencies". In subsection (c), the words "in any way" are omitted as unnecessary. In subsection (e), the word "rules" is omitted as being included in "regulations". -End- -CITE- 40 USC Sec. 3503 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -HEAD- Sec. 3503. Revolving fund -STATUTE- (a) Establishment. - There is a revolving fund established by the Secretary of Housing and Urban Development to provide amounts for advances under this chapter. The fund comprises amounts appropriated under this chapter and all repayments and other receipts received in connection with advances made under this chapter. (b) Authorizations. - Not more than $70,000,000 may be appropriated to the revolving fund as necessary to carry out the purposes of this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3503 40:462(e). Aug. 2, 1954, ch. 649, title VII, Sec. 702(e), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, Sec. 112, 69 Stat. 641; Pub. L. 87-70, title V, Sec. 502(3), (4), June 30, 1961, 75 Stat. 175; Pub. L. 88-560, title VI, Sec. 602(a), Sept. 2, 1964, 78 Stat. 799; Pub. L. 89-117, title XI, Sec. 1104, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90-19, Sec. 10(a) (related to 40:462), May 25, 1967, 81 Stat. 22. -------------------------------------------------------------------- In subsection (a), the words "heretofore or hereafter" are omitted as unnecessary. The text of 40:462(e)(2) is omitted as obsolete. Title V of the War Mobilization and Reconversion Act of 1944 (50 App.:1671) terminated on June 30, 1947. The Act of October 13, 1949 (40:451 et seq.) authorized the Housing and Home Finance Administrator to make certain loans and advances for the 2-year period immediately following October 13, 1951. In subsection (b), the words "in addition to amounts authorized to be appropriated for the purposes of this section before September 2, 1964" are omitted as executed. -End- -CITE- 40 USC Sec. 3504 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -HEAD- Sec. 3504. Surveys of public works planning -STATUTE- The Secretary of Housing and Urban Development may use during a fiscal year not more than $100,000 of the amount in the revolving fund established under section 3503 of this title to conduct surveys of the status and current volume of state and local public works planning and surveys of estimated requirements for state and local public works. In conducting a survey, the Secretary, may use or act through any department or agency of the Federal Government, with the consent of the department or agency. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3504 40:462(f). Aug. 2, 1954, ch. 649, title VII, Sec. 702(f), as added Pub. L. 86-372, title VIII, Sec. 801, Sept. 23, 1959, 73 Stat. 686; Pub. L. 88-560, title VI, Sec. 602(d), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90-19, Sec. 10(a) (related to 40:462), May 25, 1967, 81 Stat. 22. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3505 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 35 - NON-FEDERAL PUBLIC WORKS -HEAD- Sec. 3505. Forgiveness of outstanding advances -STATUTE- In accordance with accounting and other procedures the Secretary of Housing and Urban Development prescribes, each advance made by the Secretary under this chapter that had any principal amount outstanding on February 5, 1988, was forgiven. The terms and conditions of any contract, or any amendment to a contract, for that advance with respect to any promise to repay the advance were canceled. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1168.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3505 40:462(g). Aug. 2, 1954, ch. 649, title VII, Sec. 702(g), as added Pub. L. 87-658, Sec. 6, Sept. 14, 1962, 76 Stat. 544; Pub. L. 100-242, title V, Sec. 524(2), Feb. 5, 1988, 101 Stat. 1939. -------------------------------------------------------------------- -End- -CITE- 40 USC CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -MISC1- Sec. 3701. Definition and application. 3702. Work hours. 3703. Report of violations and withholding of amounts for unpaid wages and liquidated damages. 3704. Health and safety standards in building trades and construction industry. 3705. Safety programs. 3706. Limitations, variations, tolerances, and exemptions. 3707. Contractor certification or contract clause in acquisition of commercial items not required. 3708. Criminal penalties. -End- -CITE- 40 USC Sec. 3701 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3701. Definition and application -STATUTE- (a) Definition. - In this chapter, the term "Federal Government" has the same meaning that the term "United States" had in the Contract Work Hours and Safety Standards Act (Public Law 87-581, 76 Stat. 357). (b) Application. - (1) Contracts. - This chapter applies to - (A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and (B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one - (i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party; (ii) which is made for or on behalf of the Government, an agency or instrumentality, a territory, or the District of Columbia; or (iii) which is a contract for work financed at least in part by loans or grants from, or loans insured or guaranteed by, the Government or an agency or instrumentality under any federal law providing wage standards for the work. (2) Laborers and mechanics. - This chapter applies to all laborers and mechanics employed by a contractor or subcontractor in the performance of any part of the work under the contract - (A) including watchmen, guards, and workers performing services in connection with dredging or rock excavation in any river or harbor of the United States, a territory, or the District of Columbia; but (B) not including an employee employed as a seaman. (3) Exceptions. - (A) This chapter. - This chapter does not apply to - (i) a contract for - (I) transportation by land, air, or water; (II) the transmission of intelligence; or (III) the purchase of supplies or materials or articles ordinarily available in the open market; (ii) any work required to be done in accordance with the provisions of the Walsh-Healey Act (41 U.S.C. 35 et seq.); and (iii) a contract in an amount that is not greater than $100,000. (B) Section 3702. - Section 3702 of this title does not apply to work where the assistance described in paragraph (1)(B)(iii) from the Government or an agency or instrumentality is only a loan guarantee or insurance. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109-284, Sec. 6(14), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3701(a) (no source). 3701(b)(1) 40:329(a) (1st Pub. L. 87-581, title I, sentence less Sec. 103(a), (b), Aug. 13, proviso). 1962, 76 Stat. 358. 3701(b)(2) 40:329(a) (last sentence). 3701(b)(3) 40:329(b). (A)(i), (ii) 3701(b)(3) 40:329(c). Pub. L. 87-581, title I, (A)(iii) Sec. 103(c), as added Pub. L. 103-355, title IV, Sec. 4104(c)(1), Oct. 13, 1994, 108 Stat. 3342. 3701(b)(3)( 40:329(a) (1st B) sentence proviso). -------------------------------------------------------------------- Subsection (a) is added for clarity. In subsection (b)(1), before clause (A), the words "except as otherwise provided" are omitted as unnecessary. In subsection (b)(2), before clause (A), the words "Except as otherwise expressly provided" are omitted as unnecessary. In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are substituted for ["]Walsh-Healey Public Contracts Act" to use the correct short title of the Act. -REFTEXT- REFERENCES IN TEXT The Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87-581, Aug. 13, 1962, 76 Stat. 357, as amended, which was classified generally to subchapter II (Sec. 327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87-581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107-217. For complete classification of this Act to the Code, see Tables. The Walsh-Healey Act, referred to in subsec. (b)(3)(A)(ii), is act June 30, 1936, ch. 881, 49 Stat. 2036, as amended, which is classified generally to sections 35 to 45 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 35 of Title 41 and Tables. See also section 262 of Title 29, Labor. -MISC2- AMENDMENTS 2006 - Subsec. (b)(3)(B). Pub. L. 109-284 substituted "3702" for "3902" in heading and text and "paragraph (1)(B)(iii)" for "subsection (a)(2)(C)" in text. -End- -CITE- 40 USC Sec. 3702 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3702. Work hours -STATUTE- (a) Standard Workweek. - The wages of every laborer and mechanic employed by any contractor or subcontractor in the performance of work on a contract described in section 3701 of this title shall be computed on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permitted subject to this section. For each workweek in which the laborer or mechanic is so employed, wages include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of 40 hours in the workweek. (b) Contract Requirements. - A contract described in section 3701 of this title, and any obligation of the Federal Government, a territory of the United States, or the District of Columbia in connection with that contract, must provide that - (1) a contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall not require or permit any laborer or mechanic, in any workweek in which the laborer or mechanic is employed on that work, to work more than 40 hours in that workweek, except as provided in this chapter; and (2) when a violation of clause (1) occurs, the contractor and any subcontractor responsible for the violation are liable - (A) to the affected employee for the employee's unpaid wages; and (B) to the Government, the District of Columbia, or a territory for liquidated damages as provided in the contract. (c) Liquidated Damages. - Liquidated damages under subsection (b)(2)(B) shall be computed for each individual employed as a laborer or mechanic in violation of this chapter and shall be equal to $10 for each calendar day on which the individual was required or permitted to work in excess of the standard workweek without payment of the overtime wages required by this chapter. (d) Amounts Withheld To Satisfy Liabilities. - Subject to section 3703 of this title, the governmental agency for which the contract work is done or which is providing financial assistance for the work may withhold, or have withheld, from money payable because of work performed by a contractor or subcontractor, amounts administratively determined to be necessary to satisfy the liabilities of the contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109-284, Sec. 6(15), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3702(a) 40:328(a). Pub. L. 87-581, title I, Sec. 102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 99-145, title XII, Sec. 1241(a), Nov. 8, 1985, 99 Stat. 734. 3702(b) 40:328(b) (words before (1)), (1), (2) (1st sentence). 3702(c) 40:328(b)(2) (2d sentence). 3702(d) 40:328(b)(2) (last sentence). -------------------------------------------------------------------- In subsection (a). the words "Notwithstanding any other provision of law" are omitted as unnecessary. AMENDMENTS 2006 - Subsec. (d). Pub. L. 109-284 substituted "To" for "to" in heading. -End- -CITE- 40 USC Sec. 3703 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3703. Report of violations and withholding of amounts for unpaid wages and liquidated damages -STATUTE- (a) Reports of Inspectors. - An officer or individual designated as an inspector of the work to be performed under a contract described in section 3701 of this title, or to aid in the enforcement or fulfillment of the contract, on observation or after investigation immediately shall report to the proper officer of the Federal Government, a territory of the United States, or the District of Columbia all violations of this chapter occurring in the performance of the work, together with the name of each laborer or mechanic who was required or permitted to work in violation of this chapter and the day the violation occurred. (b) Withholding Amounts. - (1) Determining amount. - The amount of unpaid wages and liquidated damages owing under this chapter shall be determined administratively. (2) Amount directed to be withheld. - The officer or individual whose duty it is to approve the payment of money by the Government, territory, or District of Columbia in connection with the performance of the contract work shall direct the amount of - (A) liquidated damages to be withheld for the use and benefit of the Government, territory, or District; and (B) unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under this chapter. (3) Payment. - The Comptroller General shall pay the amount administratively determined to be due directly to the laborers and mechanics from amounts withheld on account of underpayments of wages if the amount withheld is adequate. If the amount withheld is not adequate, the Comptroller General shall pay an equitable proportion of the amount due. (c) Right of Action and Intervention Against Contractors and Sureties. - If the accrued payments withheld under the terms of the contract are insufficient to reimburse all the laborers and mechanics who have not been paid the wages required under this chapter, the laborers and mechanics, in the case of a department or agency of the Government, have the same right of action and intervention against the contractor and the contractor's sureties as is conferred by law on persons furnishing labor or materials. In those proceedings it is not a defense that the laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (d) Review Process. - (1) Time limit for appeal. - Within 60 days after an amount is withheld as liquidated damages, any contractor or subcontractor aggrieved by the withholding may appeal to the head of the agency of the Government or territory for which the contract work is done or which is providing financial assistance for the work, or to the Mayor of the District of Columbia in the case of liquidated damages withheld for the use and benefit of the District. (2) Review by agency head or mayor. - The agency head or Mayor may review the administrative determination of liquidated damages. The agency head or Mayor may issue a final order affirming the determination or may recommend to the Secretary of Labor that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for the liquidated damages, if it is found that the amount is incorrect or that the contractor or subcontractor violated this chapter inadvertently, notwithstanding the exercise of due care by the contractor or subcontractor and the agents of the contractor or subcontractor. (3) Review by secretary. - The Secretary shall review all pertinent facts in the matter and may conduct any investigation the Secretary considers necessary in order to affirm or reject the recommendation. The decision of the Secretary is final. (4) Judicial action. - A contractor or subcontractor aggrieved by a final order for the withholding of liquidated damages may file a claim in the United States Court of Federal Claims within 60 days after the final order. A final order of the agency head, Mayor, or Secretary is conclusive with respect to findings of fact if supported by substantial evidence. (e) Applicability of Other Laws. - (1) Reorganization plan. - Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) applies to this chapter. (2) Section 3145. - Section 3145 of this title applies to contractors and subcontractors referred to in section 3145 who are engaged in the performance of contracts subject to this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1170.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3703(a) 40:330(a) (1st Pub. L. 87-581, title I, sentence). Sec. 104, Aug. 13, 1962, 76 Stat. 358; Pub. L. 97-164, title I, Sec. 160(a)(13), Apr. 2, 1982, 96 Stat. 48. 3703(b) 40:330(a) (2d, last sentences). 3703(c) 40:330(b). 3703(d) 40:330(c). 3703(e) 40:330(d). -------------------------------------------------------------------- In subsection (a), the words "or possession" are omitted for consistency in this chapter. The words "or days" are omitted because of 1:1. In subsection (c), the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 789). In subsection (d)(4), the words "United States Court of Federal Claims" are substituted for "United States Claims Court" because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (Public Law 102-572, 106 Stat. 4516). -REFTEXT- REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in subsec. (e)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 3704 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3704. Health and safety standards in building trades and construction industry -STATUTE- (a) Condition of Contracts. - (1) In general. - Each contract in an amount greater than $100,000 that is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (eff. May 24, 1950, 64 Stat. 1267) and is for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5. (2) Consultation. - In formulating standards under this section, the Secretary shall consult with the Advisory Committee created by subsection (d). (b) Compliance. - (1) Actions to gain compliance. - The Secretary may make inspections, hold hearings, issue orders, and make decisions based on findings of fact as the Secretary considers necessary to gain compliance with this section and any health and safety standard the Secretary prescribes under subsection (a). For those purposes the Secretary and the United States district courts have the authority and jurisdiction provided by sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39). (2) Remedy when noncompliance found. - When the Secretary, after an opportunity for an adjudicatory hearing by the Secretary, establishes noncompliance under this section of any condition of a contract described in - (A) section 3701(b)(1)(B)(i) or (ii) of this title, the governmental agency for which the contract work is done may cancel the contract and make other contracts for the completion of the contract work, charging any additional cost to the original contractor; or (B) section 3701(b)(1)(B)(iii) of this title, the governmental agency which is providing the financial guarantee, assistance, or insurance for the contract work may withhold the guarantee, assistance, or insurance attributable to the performance of the contract. (3) Nonapplicability. - Section 3703 of this title does not apply to the enforcement of this section. (c) Repeated Violations. - (1) Transmittal of names of repeat violators to comptroller general. - When the Secretary, after an opportunity for an agency hearing, decides on the record that, by repeated willful or grossly negligent violations of this chapter, a contractor or subcontractor has demonstrated that subsection (b) is not effective to protect the safety and health of the employees of the contractor or subcontractor, the Secretary shall make a finding to that effect and, not sooner than 30 days after giving notice of the finding to all interested persons, shall transmit the name of the contractor or subcontractor to the Comptroller General. (2) Ban on awarding contracts. - The Comptroller General shall distribute each name transmitted under paragraph (1) to all agencies of the Federal Government. Unless the Secretary otherwise recommends, the contractor, subcontractor, or any person in which the contractor or subcontractor has a substantial interest may not be awarded a contract subject to this section until three years have elapsed from the date the name is transmitted to the Comptroller General. The Secretary shall terminate the ban if, before the end of the three-year period, the Secretary, after affording interested persons due notice and an opportunity for a hearing, is satisfied that a contractor or subcontractor whose name was transmitted to the Comptroller General will comply responsibly with the requirements of this section. The Comptroller General shall inform all Government agencies after being informed of the Secretary's action. (3) Judicial review. - A person aggrieved by the Secretary's action under this subsection or subsection (b) may file with the appropriate United States court of appeals a petition for review of the Secretary's action within 60 days after receiving notice of the Secretary's action. The clerk of the court immediately shall send a copy of the petition to the Secretary. The Secretary then shall file with the court the record on which the action is based. The findings of fact by the Secretary, if supported by substantial evidence, are final. The court may enter a decree enforcing, modifying, modifying and enforcing, or setting aside any part of, the order of the Secretary or the appropriate Government agency. The judgment of the court may be reviewed by the Supreme Court as provided in section 1254 of title 28. (d) Advisory Committee on Construction Safety and Health. - (1) Establishment. - There is an Advisory Committee on Construction Safety and Health in the Department of Labor. (2) Composition. - The Committee is composed of nine members appointed by the Secretary, without regard to chapter 33 of title 5, as follows: (A) Three members shall be individuals representative of contractors to whom this section applies. (B) Three members shall be individuals representative of employees primarily in the building trades and construction industry engaged in carrying out contracts to which this section applies. (C) Three members shall be public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field. (3) Chairman. - The Secretary shall appoint one member as Chairman. (4) Duties. - The Committee shall advise the Secretary - (A) in formulating construction safety and health standards and other regulations; and (B) on policy matters arising in carrying out this section. (5) Experts and consultants. - The Secretary may appoint special advisory and technical experts or consultants as may be necessary to carry out the functions of the Committee. (6) Compensation and expenses. - Committee members are entitled to receive compensation at rates the Secretary fixes, but not more than $100 a day, including traveltime, when performing Committee business, and expenses under section 5703 of title 5. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109-284, Sec. 6(16), (17), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3704(a) 40:333(a). Pub. L. 87-581, title I, Sec. 107(a)-(e), as added Pub. L. 91-54, Sec. 1, Aug. 9, 1969, 83 Stat. 96; Pub. L. 103-355, title IV, Sec. 4104(c)(2), Oct. 13, 1994, 108 Stat. 3342. 3704(b) 40:333(b), (c). 3704(c) 40:333(d). 3704(d) 40:333(e). -------------------------------------------------------------------- In subsection (a)(1), the words "in an amount greater than $100,000" are substituted for "(other than a contract referred to in section 329(c) of this title)" for clarity. In subsection (b), the text of 40:333(c) is omitted as unnecessary because the district courts have jurisdiction on all civil actions involving a federal question since the requirement of a threshold amount in controversy was deleted. In paragraph (2)(B), the words "guarantee" and "insurance" are added for consistency in this section and with section 3701(b)(1)(B)(iii) of the revised title. In subsection (c)(2), the words "The Secretary shall end the ban" are substituted for "he [sic] shall terminate the application of the preceding sentence to such contractor or subcontractor (and to any person in which the contractor or subcontractor has a substantial interest)" for clarity and to eliminate unnecessary words. The word "thereafter" is omitted as unnecessary. In subsection (c)(3), the words "as provided in section 2112 of title 28", "make and", and "upon certiorari or certification" are omitted as unnecessary. In subsection (d)(2), before clause (A), the words "chapter 33 of title 5" are substituted for "the civil service laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subsection (d)(6), the words "expenses under section 5703 of title 5" are substituted for 40:333(e)(3)(words after semicolon) to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 2006 - Subsec. (a)(1). Pub. L. 109-284, Sec. 6(16), inserted "of title 5" after "authorized by section 553". Subsec. (a)(2). Pub. L. 109-284, Sec. 6(17), struck out "of this section" after "subsection (d)". TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 3705 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3705. Safety programs -STATUTE- The Secretary of Labor shall - (1) provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance, and prevention of unsafe working conditions in employment covered by this chapter; and (2) collect reports and data and consult with and advise employers as to the best means of preventing injuries. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3705 40:333(f). Pub. L. 87-581, title I, Sec. 107(f), as added Pub. L. 91-54, Sec. 1, Aug. 9, 1969, 83 Stat. 98. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3706 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3706. Limitations, variations, tolerances, and exemptions -STATUTE- The Secretary of Labor may provide reasonable limitations to, and may prescribe regulations allowing reasonable variations to, tolerances from, and exemptions from, this chapter that the Secretary may find necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment of the conduct of Federal Government business. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3706 40:331. Pub. L. 87-581, title I, Sec. 105, Aug. 13, 1962, 76 Stat. 359. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3707 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3707. Contractor certification or contract clause in acquisition of commercial items not required -STATUTE- In a contract to acquire a commercial item (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)), a certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3707 40:334. Pub. L. 87-581, title I, Sec. 108, as added Pub. L. 103-355, title VIII, Sec. 8301(b), Oct. 13, 1994, 108 Stat. 3396. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 3708 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART A - GENERAL CHAPTER 37 - CONTRACT WORK HOURS AND SAFETY STANDARDS -HEAD- Sec. 3708. Criminal penalties -STATUTE- A contractor or subcontractor having a duty to employ, direct, or control a laborer or mechanic employed in the performance of work contemplated by a contract to which this chapter applies that intentionally violates this chapter shall be fined under title 18, imprisoned for not more than six months, or both. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 3708 40:332. Pub. L. 87-581, title I, Sec. 106, Aug. 13, 1962, 76 Stat. 359. -------------------------------------------------------------------- The words "shall be fined under title 18" are substituted for "shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine of not to exceed $1,000" for consistency with chapter 227 of title 18. The words "in the discretion of the court having jurisdiction thereof" are omitted as unnecessary. -End- -CITE- 40 USC PART B - UNITED STATES CAPITOL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL -HEAD- PART B - UNITED STATES CAPITOL -End- -CITE- 40 USC CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -MISC1- Sec. 5101. Definition. 5102. Legal description and jurisdiction of United States Capitol Grounds. 5103. Restrictions on public use of United States Capitol Grounds. 5104. Unlawful activities. 5105. Assistance to authorities by Capitol employees. 5106. Suspension of prohibitions. 5107. Concerts on grounds. 5108. Audit of private organizations. 5109. Penalties. -End- -CITE- 40 USC Sec. 5101 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5101. Definition -STATUTE- In this chapter, the term "Capitol Buildings" means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden), all subways and enclosed passages connecting two or more of those structures, and the real property underlying and enclosed by any of those structures. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 108-7, div. H, title I, Sec. 1016(a), Feb. 20, 2003, 117 Stat. 364.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5101 40:193m(1). July 31, 1946, ch. 707, Sec. 16(a)(1), 60 Stat. 721; Pub. L. 90-108, Sec. 1(d), Oct. 20, 1967, 81 Stat. 277. -------------------------------------------------------------------- AMENDMENTS 2003 - Pub. L. 108-7 inserted "all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden)," after "Capitol Power Plant,". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1016(d) of Pub. L. 108-7, set out as a note under section 1961 of Title 2, The Congress. -End- -CITE- 40 USC Sec. 5102 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5102. Legal description and jurisdiction of United States Capitol Grounds -STATUTE- (a) Legal Description. - The United States Capitol Grounds comprises all squares, reservations, streets, roadways, walks, and other areas as defined on a map entitled "Map showing areas comprising United States Capitol Grounds", dated June 25, 1946, approved by the Architect of the Capitol, and recorded in the Office of the Surveyor of the District of Columbia in book 127, page 8, including all additions added by law after June 25, 1946. (b) Jurisdiction. - (1) Architect of the capitol. - The jurisdiction and control over the Grounds, vested prior to July 31, 1946, by law in the Architect, is extended to the entire area of the Grounds. Except as provided in paragraph (2), the Architect is responsible for the maintenance and improvement of the Grounds, including those streets and roadways in the Grounds as shown on the map referred to in subsection (a) as being under the jurisdiction and control of the Commissioners of the District of Columbia. (2) Mayor of the district of columbia. - (A) In general. - The Mayor of the District of Columbia is responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines of those streets: Constitution Avenue from Second Street Northeast to Third Street Northwest, First Street from D Street Northeast to D Street Southeast, D Street from First Street Southeast to Washington Avenue Southwest, and First Street from the north side of Louisiana Avenue to the intersection of C Street and Washington Avenue Southwest, Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Washington Avenue Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street. (B) Repair and maintenance of utility services. - The Mayor may enter any part of the Grounds to repair or maintain or, subject to the approval of the Architect, construct or alter, any utility service of the District of Columbia Government. (c) National Garden of the United States Botanic Garden. - (1) In general. - Except as provided under paragraph (2), the United States Capitol Grounds shall include - (A) the National Garden of the United States Botanic Garden; (B) all grounds contiguous to the Administrative Building of the United States Botanic Garden, including Bartholdi Park; and (C) all grounds bounded by the curblines of First Street, Southwest on the east; Washington Avenue, Southwest to its intersection with Independence Avenue, and Independence Avenue from such intersection to its intersection with Third Street, Southwest on the south; Third Street, Southwest on the west; and Maryland Avenue, Southwest on the north. (2) Maintenance and improvements. - Notwithstanding subsections (a) and (b), jurisdiction and control over the buildings on the grounds described in paragraph (1) shall be retained by the Joint Committee on the Library, and the Joint Committee on the Library shall continue to be solely responsible for the maintenance and improvement of the grounds described in such paragraph. (3) Authority not limited. - Nothing in this subsection shall limit the authority of the Architect of the Capitol under section 307E of the Legislative Branch Appropriations Act, 1989 (40 U.S.C. 216c).(!1) -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1175; Pub. L. 108-7, div. H, title I, Sec. 1016(b), Feb. 20, 2003, 117 Stat. 364.) -STATAMEND- DEFINITION OF UNITED STATES CAPITOL GROUNDS For provisions directing amendment of this section (or section 1 of the Act of July 31, 1946, as amended (former 40 U.S.C. 193a), which was repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as this section) to include within or exclude from the definition of the United States Capitol Grounds certain parcels or areas, see notes set out below and under section 6101 of this title. HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5102 40:193a. July 31, 1946, ch. 707, Sec. 1, 60 Stat. 718; Pub. L. 90-108, Sec. 1(a), Oct. 20, 1967, 81 Stat. 275; Pub. L. 93-198, Sec. 739(g)(7), Dec. 24, 1973, 87 Stat. 829; Pub. L. 96-432, Sec. 2, Oct. 10, 1980, 94 Stat. 1852. -------------------------------------------------------------------- In subsection (b)(2), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 789). In subparagraph (A), the words "Washington Avenue Southwest" are substituted for "Canal Street S. W." and "Canal Street Southwest" because of section 2 of D.C. Law 8-39. See section 7-451 note of the District of Columbia Code. -REFTEXT- REFERENCES IN TEXT Section 307E of the Legislative Branch Appropriations Act, 1989, referred to in subsec. (c)(3), is section 307E of Pub. L. 100-458, which was classified to section 216c of former Title 40, Public Buildings, Property, and Works, and was transferred to section 2146 of Title 2, The Congress. -MISC1- AMENDMENTS 2003 - Subsec. (c). Pub. L. 108-7 added subsec. (c). EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1016(d) of Pub. L. 108-7, set out as a note under section 1961 of Title 2, The Congress. TRANSFERS AND CONVEYANCES AFFECTING PROPERTIES IN THE DISTRICT OF COLUMBIA AND GENERAL PROVISIONS Pub. L. 109-396, title II, Secs. 201, 204, title IV, Secs. 401- 407, Dec. 15, 2006, 120 Stat. 2713, 2715, 2718-2720, provided that: "SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PROPERTIES. "(a) Transfer of Administrative Jurisdiction From District of Columbia to United States. - "(1) In general. - Administrative jurisdiction over each of the following properties (owned by the United States and as depicted on the Map) is hereby transferred, subject to the terms in this subsection, from the District of Columbia to the Secretary of the Interior for administration by the Director: "(A) An unimproved portion of Audubon Terrace Northwest, located east of Linnean Avenue Northwest, that is within U.S. Reservation 402 (National Park Service property). "(B) An unimproved portion of Barnaby Street Northwest, north of Aberfoyle Place Northwest, that abuts U.S. Reservation 545 (National Park Service property). "(C) A portion of Canal Street Southwest, and a portion of V Street Southwest, each of which abuts U.S. Reservation 467 (National Park Service property). "(D) Unimproved streets and alleys at Fort Circle Park located within the boundaries of U.S. Reservation 497 (National Park Service property). "(E) An unimproved portion of Western Avenue Northwest, north of Oregon Avenue Northwest, that abuts U.S. Reservation 339 (National Park Service property). "(F) An unimproved portion of 17th Street Northwest, south of Shepherd Street Northwest, that abuts U.S. Reservation 339 (National Park Service property). "(G) An unimproved portion of 30th Street Northwest, north of Broad Branch Road Northwest, that is within the boundaries of U.S. Reservation 515 (National Park Service property). "(H) Subject to paragraph (2), lands over I-395 bounded by Washington Avenue Southwest, 2nd Street Southwest, and the C Street Southwest ramps to I-295. "(I) A portion of U.S. Reservation 357 at Whitehaven Parkway Northwest, previously transferred to the District of Columbia in conjunction with the former proposal for a residence for the Mayor of the District of Columbia. "(2) Use of certain property for memorial. - In the case of the property for which administrative jurisdiction is transferred under paragraph (1)(H), the property shall be used as the site for the establishment of a memorial to honor disabled veterans of the United States Armed Forces authorized to be established by the Disabled Veterans' LIFE Memorial Foundation by Public Law 106- 348 (114 Stat. 1358; 40 U.S.C. 8903 note), except that - "(A) the District of Columbia shall retain administrative jurisdiction over the subsurface area beneath the site for the tunnel, walls, footings, and related facilities; "(B) C Street Southwest shall not be connected between 2nd Street Southwest and Washington Avenue Southwest without the approval of the Architect of the Capitol; and "(C) a walkway shall be included across the site of the memorial between 2nd Street Southwest and Washington Avenue Southwest. "(3) Additional transfer. - "(A) In general. - Administrative jurisdiction over the parcel bounded by 2nd Street Southwest, the C Street Southwest ramp to I-295, the D Street Southwest ramp to I-395, and I-295 is hereby transferred, subject to the terms in this paragraph, from the District of Columbia as follows: "(i) The northernmost .249 acres is transferred to the Secretary for administration by the Director, who (subject to the approval of the Architect of the Capitol) shall landscape the parcel or use the parcel for special needs parking for the memorial referred to in paragraph (2). "(ii) The remaining portion is transferred to the Architect of the Capitol. "(B) Retention of jurisdiction over subsurface area. - The District of Columbia shall retain administrative jurisdiction over the subsurface area beneath the parcel referred to in subparagraph (A) for the tunnel, walls, footings, and related facilities. "(b) Transfer of Administrative Jurisdiction From United States to District of Columbia. - Administrative jurisdiction over the following property owned by the United States and depicted on the Map is hereby transferred from the Secretary to the District of Columbia for administration by the District of Columbia: "(1) A portion of U.S. Reservation 451. "(2) A portion of U.S. Reservation 404. "(3) U.S. Reservations 44, 45, 46, 47, 48, and 49. "(4) U.S. Reservation 251. "(5) U.S. Reservation 8. "(6) U.S. Reservations 277A and 277C. "(7) Portions of U.S. Reservation 470. "(c) Effective Date. - The transfers of administrative jurisdiction under this section shall take effect on the date of the enactment of this Act [Dec. 15, 2006]. "SEC. 204. CONVEYANCE TO ARCHITECT OF THE CAPITOL. "(a) In General. - Prior to conveyance of title to U.S. Reservation 13 to the District of Columbia under this Act [see Pub. L. 109-396, title I, Sec. 101, Dec. 15, 2006, 120 Stat. 2711], the District of Columbia shall convey, with the approval of the Architect of the Capitol and subject to subsections (b) and (c), not more than 12 acres of real property to the Architect of the Capitol. "(b) Title Held by Secretary. - If title to the real property identified for conveyance under subsection (a) is held by the Secretary, not later than 30 days after being notified by the Architect of the Capitol that property has been so identified, the Secretary shall agree or disagree to conveying the interest in such property to the Architect of the Capitol. "(c) Review. - If the Secretary agrees to the conveyance under subsection (b), or if title to the property is held by the District of Columbia, the real property shall be conveyed after a 30-day review period beginning on the date on which notice of the conveyance is received by the Committee on Homeland Security and Governmental Affairs and the Committee on Rules of the Senate and the Committee on Government Reform and the Committee on Transportation and Infrastructure of the House of Representatives. "(d) Study. - The Architect of the Capitol shall not construct a mail screening facility on any real property conveyed under this section unless each of the following conditions is satisfied: "(1) A study is completed that analyzes - "(A) whether one or more other underutilized, surplus, or excess Federal facilities exist in which such a mail screening facility could be more economically located; and "(B) whether it would be more efficient and economical for the House of Representatives and Senate to share one mail screening facility. "(2) The study is submitted to the relevant committees of Congress. "(3) No fewer than 30 days have lapsed since the date of the submission under paragraph (2). "SEC. 401. DEFINITIONS. "In this Act [see Short Title of 2006 Amendment note set out under section 101 of this title], the following definitions apply: "(1) The term 'Administrator' means the Administrator of General Services. "(2) The term 'Director' means the Director of the National Park Service. "(3) The term 'Map' means the map entitled 'Transfer and Conveyance of Properties in the District of Columbia', numbered 869/80460, and dated July 2005, which shall be kept on file in the appropriate office of the National Park Service. "(4) The term 'park purposes' includes landscaped areas, pedestrian walkways, bicycle trails, seating, opensided shelters, natural areas, recreational use areas, and memorial sites reserved for public use. "(5) The term 'Secretary' means the Secretary of the Interior. "SEC. 402. LIMITATION ON COSTS. "The United States shall not be responsible for paying any costs and expenses, other than costs and expenses related to or associated with environmental liabilities or cleanup actions provided under law, which are incurred by the District of Columbia or any other parties at any time in connection with effecting the provisions of this Act or any amendment made by this Act. "SEC. 403. AUTHORIZATION OF PARTIES TO ENTER INTO CONTRACTS. "An officer or employee of the United States or the District of Columbia may contract for payment of costs or expenses related to any properties which are conveyed or for which administrative jurisdiction is transferred under this Act or any amendment made by this Act. "SEC. 404. NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS. "Nothing in this Act or any amendment made by this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)). "SEC. 405. CONGRESSIONAL REPORTS. "(a) District of Columbia. - Not later than January 31 of each year, the Mayor of the District of Columbia shall report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform, the Committee on Energy and Commerce, the Committee on Resources, and the Committee on Transportation and Infrastructure of the House of Representatives on the use and development during the previous year of land for which title is conveyed to the District of Columbia and land for which administrative jurisdiction is transferred to the District of Columbia pursuant to this Act. "(b) Comptroller General. - The Comptroller General shall report periodically to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Government Reform, the Committee on Energy and Commerce, the Committee on Resources, and the Committee on Transportation and Infrastructure of the House of Representatives on - "(1) the use and development during the previous 2 years of land for which title is conveyed and land for which administrative jurisdiction is transferred pursuant to this Act; and "(2) if applicable, how such use and development complies with the Anacostia Waterfront Framework Plan referred to in section 103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2- 1223.03, D.C. Official Code). "(c) Sunset. - This section shall expire 10 years after the date of enactment of this Act [Dec. 15, 2006]. "SEC. 406. TREATMENT AS PROPERTIES TRANSFERRED TO ARCHITECT OF THE CAPITOL AS PART OF CAPITOL BUILDINGS AND GROUNDS. "Upon transfer to the Architect of the Capitol of title to, or administrative jurisdiction over, any property pursuant to this Act, the property shall be a part of the United States Capitol Grounds and shall be subject to sections 9, 9A, 9B, 9C, 14, and 16(b) of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes' [2 U.S.C. 1961, 1966, 1967, 1922, 1969, 1961 note] (relating to the policing of the United States Capitol Grounds) and sections 5101 to 5107 and 5109 of title 40, United States Code (relating to prohibited acts within the United States Capitol Grounds). "SEC. 407. DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS. "With respect to each property conveyed under this Act or any amendment made by this Act, the Mayor of the District of Columbia, the Administrator, or the Secretary (as the case may be) shall execute and deliver a quitclaim deed or prepare and record a transfer plat, as appropriate, not later than 6 months after the property is conveyed." CHANGES IN UNITED STATES CAPITOL GROUNDS Pub. L. 108-447, div. G, title II, Sec. 213, Dec. 8, 2004, 118 Stat. 3196, provided that: "(a) Transfer of Jurisdiction. - "(1) In general. - Jurisdiction over the parcels of Federal real property described under paragraph (2) (over which jurisdiction was transferred under section 514(b)(2)(C) of the Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 5102 note; Public Law 104-333)) is transferred to the Architect of the Capitol, without consideration. "(2) Parcels. - The parcels of Federal real property referred to under paragraph (1) are the following: "(A) That portion of New Jersey Avenue, N.W., between the northernmost point of the intersection of New Jersey Avenue, N.W., and D Street, N.W., and the northernmost point of the intersection of New Jersey Avenue, N.W., and Louisiana Avenue, N.W., between squares 631 and W632, which remains Federal property, and whose maintenance and repair shall be the responsibility of the District of Columbia. "(B) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection with Louisiana Avenue, N.W., between squares 630 and W632, which remains Federal property. "(b) Miscellaneous. - "(1) Compliance with other laws. - Compliance with this section shall be deemed to satisfy the requirements of all laws otherwise applicable to transfers of jurisdiction over parcels of Federal real property. "(2) United states capitol grounds. - "(A) Definition. - Section 5102 of title 40, United States Code, is amended to include within the definition of the United States Capitol Grounds the parcels of Federal real property described in subsection (a)(2). "(B) Jurisdiction of capitol police. - The United States Capitol Police shall have jurisdiction over the parcels of Federal real property described in subsection (a)(2) in accordance with section 9 of the Act entitled 'An Act to define the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (2 U.S.C. 1961). "(3) Effect of transfer. - A person relinquishing jurisdiction over any parcel of Federal real property transferred by subsection (a) shall not retain any interest in the parcel except as specifically provided in this section. "(c) Effective Date. - This Act [probably means this section] shall apply to fiscal year 2005 and each fiscal year thereafter." Pub. L. 104-333, div. I, title V, Sec. 514, Nov. 12, 1996, 110 Stat. 4165, provided that: "(a) Purpose. - It is the purpose of this section - "(1) to assist in the effort to timely establish within the District of Columbia a national memorial to Japanese American patriotism in World War II; and "(2) to improve management of certain parcels of Federal real property located within the District of Columbia, by the transferring jurisdiction over such parcels to the Architect of the Capitol, the Secretary of the Interior, and the Government of the District of Columbia. "(b) Transfers of Jurisdiction. - "(1) In general. - Effective on the date of the enactment of this Act [Nov. 12, 1996] and notwithstanding any other provision of law, jurisdiction over the parcels of Federal real property described in paragraph (2) is transferred without additional consideration as provided by paragraph (2). "(2) Specific transfers. - "(A) Transfers to secretary of the interior. - "(i) In general. - Jurisdiction over the following parcels is transferred to the Secretary of the Interior: "(I) That triangle of Federal land, including any contiguous sidewalks and tree space, that is part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol bound by D Street, N.W., New Jersey Avenue, N.W., and Louisiana Avenue, N.W., in square W632 in the District of Columbia, as shown on the Map Showing Properties Under Jurisdiction of the Architect of the Capitol, dated November 8, 1994. "(II) That triangle of Federal land, including any contiguous sidewalks and tree space, that is part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol bound by C Street, N.W., First Street, N.W., and Louisiana Avenue, N.W., in the District of Columbia, as shown on the Map Showing Properties Under Jurisdiction of the Architect of the Capitol, dated November 8, 1994. "(ii) Limitation. - The parcels transferred by clause (i) shall not include those contiguous sidewalks abutting Louisiana Avenue, N.W., which shall remain part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol. "(iii) Consideration as memorial site. - The parcels transferred by subclause (I) of clause (i) may be considered as a site for a national memorial to Japanese American patriotism in World War II. "(B) Transfers to architect of the capitol. - Jurisdiction over the following parcels is transferred to the Architect of the Capitol: "(i) That portion of the triangle of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Secretary of the Interior, including any contiguous sidewalks, bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running in a northeast direction on the west, the major portion of Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on the east, including the contiguous sidewalks. "(ii) That irregular area of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Secretary of the Interior, including any contiguous sidewalks, northeast of the real property described in clause (i) bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running to the northeast on the south, and the private property on the west known as lot 7, in square 726. "(iii) The two irregularly shaped medians lying north and east of the property described in clause (i), located between the north and south curbs of Constitution Avenue, N.E., west of its intersection with Second Street, N.E., all as shown in Land Record No. 268, dated November 22, 1957, in the Office of the Surveyor, District of Columbia, in Book 138, Page 58. "(iv) All sidewalks under the jurisdiction of the District of Columbia abutting on and contiguous to the land described in clauses (i), (ii), and (iii). "(C) Transfers to district of columbia. - Jurisdiction over the following parcels is transferred to the Government of the District of Columbia: "(i) That portion of New Jersey Avenue, N.W., between the northernmost point of the intersection of New Jersey Avenue, N.W., and D Street, N.W., and the northernmost point of the intersection of New Jersey Avenue, N.W., and Louisiana Avenue, N.W., between squares 631 and W632, which remains Federal property. "(ii) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection with Louisiana Avenue, N.W., between squares 630 and W632, which remains Federal property. "(c) Miscellaneous. - "(1) Compliance with other laws. - Compliance with this section shall be deemed to satisfy the requirements of all laws otherwise applicable to transfers of jurisdiction over parcels of Federal real property. "(2) Law enforcement responsibility. - Law enforcement responsibility for the parcels of Federal real property for which jurisdiction is transferred by subsection (b) shall be assumed by the person acquiring such jurisdiction. "(3) United states capitol grounds. - "(A) Definition. - The first section of the Act entitled 'An Act to define the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to include within the definition of the United States Capitol Grounds the parcels of Federal real property described in subsection (b)(2)(B). "(B) Jurisdiction of capitol police. - The United States Capitol Police shall have jurisdiction over the parcels of Federal real property described in subsection (b)(2)(B) in accordance with section 9 of such Act of July 31, 1946 (40 U.S.C. 212a) [now 2 U.S.C. 1961]. "(4) Effect of transfers. - A person relinquishing jurisdiction over a parcel of Federal real property transferred by subsection (b) shall not retain any interest in the parcel except as specifically provided by this section." Pub. L. 97-379, Dec. 22, 1982, 96 Stat. 1935, provided: "That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to include within the definition of the United States Capitol Grounds the following additional areas which are situated as follows: "(1) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the south side of Pennsylvania Avenue, Northwest, between the west curb of First Street, Northwest and the east curb of Third Street, Northwest. "(2) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the north side of Maryland Avenue, Southwest, between the west curb of First Street, Southwest and the east curb of Third Street, Southwest. "(3) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the west side of First Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest. "(4) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the east side of Third Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest." Pub. L. 96-432, Sec. 1, Oct. 10, 1980, 94 Stat. 1851, provided: "That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to include within the definition of the United States Capitol Grounds the following additional areas and portions of streets which are situated as follows: "(1) that portion of D Street Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; "(2) that portion of Second Street Northeast and Southeast from the south curb of F Street Northeast to the south curb of C Street Southeast; "(3) that portion of Constitution Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; "(4) that portion of Pennsylvania Avenue Northwest from the west curb of First Street Northwest to the east curb of Third Street Northwest; "(5) that portion of Maryland Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest; "(6) that portion of Constitution Avenue Northwest from the east curb of Second Street Northwest to the east curb of Third Street Northwest; "(7) that portion of Independence Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest; "(8) that portion of Maryland Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; "(9) that portion of East Capitol Street from the east curb of Second Street Southeast to the east curb of First Street Southeast; "(10) that portion of Independence Avenue Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast; "(11) that portion of C Street Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast; "(12) that portion of North Capitol Street from the south curb of Massachusetts Avenue to the north curb of Louisiana Avenue; "(13) that portion of New Jersey Avenue Northwest from the north curb of D Street Northwest to the north curb of Louisiana Avenue; "(14) that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; "(15) that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; "(16) that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; "(17) that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; "(18) that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street; and "(19) all that area contiguous to, and surrounding, square numbered 724 from the property line thereof to the contiguous curb; "(20) those areas contiguous to, and surrounding, the areas comprising the grounds of the United States Botanic Garden from the property line of such grounds to the contiguous curb; "(21) all that area contiguous to, and surrounding, the structures comprising the United States Capitol Power Plant, from the building lines of such structures to the contiguous curbs; and "(22) all that area contiguous to, and surrounding, square numbered 581 from the property line thereof to the contiguous curb." Pub. L. 93-198, title VII, Sec. 739(g)(3), Dec. 24, 1973, 87 Stat. 828, effective Jan. 2, 1975, [title IV of Pub. L. 93-198 having been accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum conducted May 8, 1974], provided in part that the definition of United States Capitol Grounds should include the following streets: Independence Avenue from the west curb of First Street S.E. to the east curb of First Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the north curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the North Curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Delaware Avenue S.W., that part of First Street lying west of the outer face of the curb of the sidewalk on the east side thereof from D Street, N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsylvania Avenue N.W. to the intersection of C Street and Canal Street S.W., including the two circles within such area, but that nothing in the inclusion of such streets should be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect prior to the vesting of authority in the United States Supreme Court police and Library of Congress police by title IV of Pub. L. 93-198 to make arrests in adjacent streets, including First Street N.E. and First Street S.E. JURISDICTION OF THE CAPITOL POLICE BOARD AND THE ARCHITECT OF THE CAPITOL Pub. L. 96-432, Sec. 3, Oct. 10, 1980, 94 Stat. 1852, provided that: "On and after the effective date of this section [see Pub. L. 96-432, Sec. 4, Oct. 10, 1980, 94 Stat. 1853], that portion of C Street Northeast from the west curb of Second Street Northeast to the east curb of First Street Northeast shall be under the exclusive jurisdiction and control of the Capitol Police Board and the Architect of the Capitol in the same manner and to the same extent as such Board or the Architect of the Capitol has over other streets comprising the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof." UNITED STATES SUPREME COURT AND LIBRARY OF CONGRESS; JURISDICTIONAL BOUNDARIES Pub. L. 96-432, Sec. 6(a), (b), Oct. 10, 1980, 94 Stat. 1853, provided that: "(a) Notwithstanding any other provisions of this Act [enacting section 1962 of Title 2, The Congress, amending section 193a of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section], with respect to those squares occupied by the United States Supreme Court and the Library of Congress, those streets or portions thereof referred to in the first section of this Act [set out as a note above] which surround such squares shall be considered a part of the Capitol Grounds only to the face of the curbs contiguous to such squares. "(b) Nothing in this Act shall be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect on the date immediately preceding the date of the enactment of this Act [Oct. 10, 1980] vesting authority in the United States Supreme Court Police and the Library of Congress Police to make arrests in adjacent streets." ARCHITECT OF THE CAPITOL; ACQUISITION OF ADDITIONAL PROPERTY Pub. L. 97-12, title I, June 5, 1981, 95 Stat. 64, provided in part: "That upon acquisition of such real property pursuant to this paragraph [incorporating by reference the provisions of Pub. L. 96- 432, Oct. 10, 1980, 94 Stat. 1851, which related to the acquisition of property in squares 693, 640, and 582 in the District of Columbia], the structure located on lot 801 of square 693 shall become a part of the House Office Buildings, subject to the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a through 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see References in Text note under section 1819 of Title 2, The Congress], including any amendments thereto, which are applicable to the Capitol Buildings, and to the Act of March 4, 1907 (40 U.S.C. 175) [now 2 U.S.C. 2001]." Pub. L. 96-432, Secs. 7-10, Oct. 10, 1980, 94 Stat. 1853, 1854, provided that: "Sec. 7. (a) The Architect of the Capitol, under the direction of the House Office Building Commission, is hereby authorized to acquire, on behalf of the United States, by purchase, condemnation, transfer, or otherwise, for addition to the United States Capitol Grounds, all publicly or privately owned property contained in lot 49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80, 800, 801, 807, 814 through 822, and 834 in square 693 in the District of Columbia (including all alleys or parts of alleys and streets within the lotlines and curblines surrounding such real property): Provided, That upon the acquisition of any such real property by the Architect of the Capitol on behalf of the United States, such property shall be subject to the provisions of the Act of July 31, 1946 (60 Stat. 718) [2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see References in Text note under section 1819 of Title 2, The Congress] as amended in the same manner and to the same extent as all other areas comprising the United States Capitol Grounds. "(b) For the purposes of this section the properties authorized to be acquired hereunder, shall be deemed to extend to the outer face of the curbs of the squares in which they are located. "(c) There is hereby authorized to be appropriated to the Architect of the Capitol for the fiscal year ending September 30, 1981, the sum of $11,500,000 for the purpose of carrying out the provisions of this section, said appropriation to remain available until expended. "Sec. 8. The acquisition of real property under this Act [enacting section 1962 of Title 2, amending section 193a of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section] shall be conducted in accordance with the Act entitled 'Uniform Relocation Assistance and Land Acquisition Policies Act of 1970', Public Law 91-646, approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (16 D.C. Code, secs. 1351-1368). "Sec. 9. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of section 7 of this Act. "Sec. 10. Any contract entered into pursuant to this Act or pursuant to any amendment made by this Act shall be effective only to such extent and in such amounts as may be provided in advance in an appropriation Act." ACQUISITION OF PROPERTY FOR ADDITIONS TO UNITED STATES CAPITOL GROUNDS Pub. L. 85-429, May 29, 1958, 72 Stat. 148 and Pub. L. 85-591, Aug. 6, 1958, 72 Stat. 495, in part authorized the Architect of the Capitol to acquire certain real property for additions to United States Capitol Grounds. ORDER OF THE HOUSE OFFICE BUILDING COMMISSION OCTOBER 17, 1967 WHEREAS, under authority of Section 1202 of Public Law 24, 84th Congress (69 Stat. 41), approved April 22, 1955, known as the "Additional House Office Building Act of 1955", the Architect of the Capitol, at the direction of the House Office Building Commission, acquired during the period of 1955 to 1960, on behalf of the United States, by condemnation, seven squares in the District of Columbia, located south of Independence Avenue, in the vicinity of the United States Capitol Grounds, as a site for an additional office building and other necessary facilities for the House of Representatives and for additions to the United States Capitol Grounds; WHEREAS, under the aforesaid authority, the Architect of the Capitol, at the direction of the Commission, acquired in 1965 on behalf of the United States, through transfer from the Redevelopment Land Agency, Square 639, also located south of Independence Avenue, for an addition to the United States Capitol Grounds; WHEREAS, the aforesaid eight squares are identified and bound as follows: Square 635, bounded on the north by Independence Avenue, on the east by Delaware Avenue, on the west by First Street, on the south by C Street; Square 637, bounded on the north by C Street, on the east by South Capitol Street, on the west by Delaware Avenue, on the south by D Street; Square South of 635, bounded on the north by C Street, on the east by Delaware Avenue, on the west and south by Canal Street; Square 691, bounded on the north by C Street, on the east by New Jersey Avenue, on the west by South Capitol Street, on the south by D Street; Square 692, bounded on the north by C Street, on the east by First Street, on the west by New Jersey Avenue, on the south by D Street; Square 732 north, bounded on the north by Independence Avenue, on the east by Second Street, on the west by First Street, on the south by Carroll Street; Square 732 south, bounded on the north by Carroll Street, on the east by Second Street, on the west by First Street, on the south by C Street; and Square 639, bounded on the north by D Street, on the east by South Capitol Street, on the west and south by Canal Street; WHEREAS, title to all real property in these 8 squares is now vested in fee simple absolute in the United States of America; WHEREAS, subsequent to acquisition of these 8 squares, under the aforesaid authority, all alleys in these squares were closed and vacated, as were also Delaware Avenue between Independence Avenue and C Street and Carroll Street between First and Second Streets, by the Commissioners of the District of Columbia, and all areas between the property lines and outer faces of curbs surrounding these squares and Square 636 were transferred from the jurisdiction of the Commissioners of the District of Columbia to the jurisdiction of the Architect of the Capitol; WHEREAS, the Rayburn House Office Building has been constructed on Squares 635 and 636 (the latter square being already owned by the government and having been combined with Square 635 as a site for this building under the aforesaid authority), and the said building is now maintained by the Architect of the Capitol as a part of the House Office Buildings, and the sidewalks and other paved and grassed areas surrounding this building are now maintained as part of the Capitol Grounds; WHEREAS, underground garages for the House of Representatives have been constructed in Squares 637 and 691 and are now maintained by the Architect of the Capitol as part of the House Office Buildings, and the areas above these garages have been landscaped as a part of the Capitol Grounds; WHEREAS, Squares South of 635 and 639 have been developed as parking lots for automobiles for Members and employees of the House and are now maintained as part of the Capitol Grounds; WHEREAS, part of Square 692 is occupied by the Congressional Hotel, acquired by the Architect of the Capitol under the aforesaid authority and leased to the Knott Hotels Corporation for use as a hotel, and the remainder of this square has been converted into a parking lot for automobiles for Members and employees of the House and is now maintained as a part of the Capitol Grounds; WHEREAS, Squares 732 north and south were acquired as an addition to the Capitol Grounds, are now maintained as part of the Capitol Grounds, and will continue to be so maintained until such time as required for construction thereon of the Library of Congress James Madison Memorial Building, authorized by Public Law 89-260, approved October 19, 1965; WHEREAS, the aforesaid Additional House Office Building Act provides, in pertinent part, with respect to these properties, as follows: "* * * At such time or times as may be fixed by order of the House Office Building Commission, (1) any real property acquired under, or made available for the purposes of, this chapter shall become part of the United States Capitol Grounds and subject to the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (40 U.S.C., secs. 193a - 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109, see References in Text note under section 1819 of Title 2, The Congress], and (2) the building and all facilities constructed pursuant to section 1201 of this chapter shall become subject to such Act approved July 31, 1946, and to the provisions of law relating to the control, supervision, and care of the House Office Building contained in the Act approved Mar. 4, 1907, as amended (40 U.S.C., sec. 175) [now 2 U.S.C. 2001]." NOW, THEREFORE, in formal compliance with the aforecited provisions of the Additional House Office Building Act, the House Office Building Commission, in confirmation of actions heretofore taken by the Commission, hereby orders: 1. The Rayburn House Office Building, the subway connecting such building to the Capitol Building, the pedestrian tunnels connecting such building to the Longworth House Office Building, the underground garages in Squares 637 and 691 and the tunnels connecting these garages to the House Office Buildings, are hereby declared to be House Office Buildings and, as such, are hereby made subject to those provisions of the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including any amendments to such Act, which are applicable to the Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C. 175) [now 2 U.S.C. 2001]. 2. All other real property acquired by the Architect of the Capitol under authority of the Additional House Office Building Act is hereby declared to be part of the United States Capitol Grounds and is hereby made subject to the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,] 212a, [212a-2, 212a-3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101-5107, 5109], including any amendments to such Act. 3. Nothing herein shall be construed to contravene (a) the provisions of Public Law 89-260 authorizing the future use of Squares 732 north and south as a site for the Library of Congress James Madison Memorial Building; or (b) the authority delegated by the House Office Building Commission to the Select House Committee under authority of H. Res. 514, 90th Congress, pertaining to the direction and supervision of the use and operation of the four House Garages and outdoor parking lots. 4. This order shall become effective immediately. HOUSE OFFICE BUILDING COMMISSION John W. McCormack, Chairman. Emanuel Celler, Member. Charles E. Goodell, Member. -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 40 USC Sec. 5103 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5103. Restrictions on public use of United States Capitol Grounds -STATUTE- Public travel in, and occupancy of, the United States Capitol Grounds is restricted to the roads, walks, and places prepared for that purpose. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5103 40:193b. July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718. -------------------------------------------------------------------- The words "by flagging, paving, or otherwise" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 5104 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5104. Unlawful activities -STATUTE- (a) Definitions. - In this section - (1) Act of physical violence. - The term "act of physical violence" means any act involving - (A) an assault or other infliction or threat of infliction of death or bodily harm on an individual; or (B) damage to, or destruction of, real or personal property. (2) Dangerous weapon. - The term "dangerous weapon" includes - (A) all articles enumerated in section 14(a) of the Act of July 8, 1932 (ch. 465, 47 Stat. 654); and (B) a device designed to expel or hurl a projectile capable of causing injury to individuals or property, a dagger, a dirk, a stiletto, and a knife having a blade over three inches in length. (3) Explosives. - The term "explosives" has the meaning given that term in section 841(d) of title 18. (4) Firearm. - The term "firearm" has the meaning given that term in section 921(3) (!1) of title 18. (b) Obstruction of Roads. - A person may not occupy the roads in the United States Capitol Grounds in a manner that obstructs or hinders their proper use, or use the roads in the area of the Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, to convey goods or merchandise, except to or from the United States Capitol on Federal Government service. (c) Sale of Articles, Display of Signs, and Solicitations. - A person may not carry out any of the following activities in the Grounds: (1) offer or expose any article for sale. (2) display a sign, placard, or other form of advertisement. (3) solicit fares, alms, subscriptions, or contributions. (d) Injuries to Property. - A person may not step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Grounds. (e) Capitol Grounds and Buildings Security. - (1) Firearms, dangerous weapons, explosives, or incendiary devices. - An individual or group of individuals - (A) except as authorized by regulations prescribed by the Capitol Police Board - (i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device; (ii) may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or (iii) may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or (B) may not knowingly, with force and violence, enter or remain on the floor of either House of Congress. (2) Violent entry and disorderly conduct. - An individual or group of individuals may not willfully and knowingly - (A) enter or remain on the floor of either House of Congress or in any cloakroom or lobby adjacent to that floor, in the Rayburn Room of the House of Representatives, or in the Marble Room of the Senate, unless authorized to do so pursuant to rules adopted, or an authorization given, by that House; (B) enter or remain in the gallery of either House of Congress in violation of rules governing admission to the gallery adopted by that House or pursuant to an authorization given by that House; (C) with the intent to disrupt the orderly conduct of official business, enter or remain in a room in any of the Capitol Buildings set aside or designated for the use of either House of Congress or a Member, committee, officer, or employee of Congress or either House of Congress; (D) utter loud, threatening, or abusive language, or engage in disorderly or disruptive conduct, at any place in the Grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress; (E) obstruct, or impede passage through or within, the Grounds or any of the Capitol Buildings; (F) engage in an act of physical violence in the Grounds or any of the Capitol Buildings; or (G) parade, demonstrate, or picket in any of the Capitol Buildings. (3) Exemption of government officials. - This subsection does not prohibit any act performed in the lawful discharge of official duties by - (A) a Member of Congress; (B) an employee of a Member of Congress; (C) an officer or employee of Congress or a committee of Congress; or (D) an officer or employee of either House of Congress or a committee of that House. (f) Parades, Assemblages, and Display of Flags. - Except as provided in section 5106 of this title, a person may not - (1) parade, stand, or move in processions or assemblages in the Grounds; or (2) display in the Grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1176.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5104(a) 40:193m(2)-(5). July 31, 1946, ch. 707, Sec. 16(a)(2)-(5), 60 Stat. 721; Pub. L. 90-108, Sec. 1(d) , Oct. 20, 1967, 81 Stat. 277. 5104(b) 40:193c. July 31, 1946, ch. 707, Secs. 3-5, 7, 60 Stat. 718, 719. 5104(c) 40:193d. 5104(d) 40:193e. 5104(e) 40:193f. July 31, 1946, ch. 707, Sec. 6, 60 Stat. 718; Pub. L. 87-571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90-108, Sec. 1(b), Oct. 20, 1967, 81 Stat. 276. 5104(f) 40:193g. -------------------------------------------------------------------- In subsection (a)(3), the words "section 841(d) of title 18" are substituted for "section 121(1) of title 50" because of the enactment of 18:ch. 39 and the repeal of the provisions classified to 50:121(1) by sections 1102 and 1106(a) of the Organized Crime Control Act of 1970 (Public Law 91-452, 84 Stat. 952, 960). The plural form "explosives" is used because that is the term defined in 18:841(d). In subsection (a)(4), the words "section 921(3) of title 18" are substituted for "section 901(3) of title 15" because of the enactment of 18:ch. 44 and the repeal of the provisions classified to 15:901(3) by sections 902 and 906 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90-351, 82 Stat. 226, 234). In subsection (e)(1)(A), the plural "explosives" is used for consistency with the term defined in subsection (a)(3). In subclause (iii), the words "by any means" are omitted as unnecessary. In subsection (e)(2)(A), the words "unless authorized to do so pursuant to rules adopted, or authorization given, by that House" are substituted for "unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room" to eliminate unnecessary words. -REFTEXT- REFERENCES IN TEXT The Act of July 8, 1932, referred to in subsec. (a)(2)(A), is act July 8, 1932, ch. 465, 47 Stat. 650, as amended, which is not classified to the Code. -FOOTNOTE- (!1) So in original. Probably should be "921(a)(3)". -End- -CITE- 40 USC Sec. 5105 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5105. Assistance to authorities by Capitol employees -STATUTE- Each individual employed in the service of the Federal Government in the United States Capitol or within the United States Capitol Grounds shall prevent, as far as may be in the individual's power, a violation of a provision of this chapter or section 9, 9A, 9B, 9C, or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), and shall aid the police in securing the arrest and conviction of the individual violating the provision. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5105 40:193i. July 31, 1946, ch. 707, Sec. 10, 60 Stat. 719. -------------------------------------------------------------------- The words "by information or otherwise" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress. -End- -CITE- 40 USC Sec. 5106 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5106. Suspension of prohibitions -STATUTE- (a) Authority To Suspend. - To allow the observance in the United States Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives concurrently may suspend any of the prohibitions contained in sections 5103 and 5104 of this title that would prevent the use of the roads and walks within the Grounds by processions or assemblages, and the use in the Grounds of suitable decorations, music, addresses, and ceremonies, if responsible officers have been appointed and the President and the Speaker determine that adequate arrangements have been made to maintain suitable order and decorum in the proceedings and to guard the United States Capitol and its grounds from injury. (b) Power To Suspend Prohibitions in Absence of President or Speaker. - If either the President or Speaker is absent from the District of Columbia, the authority to suspend devolves on the other officer. If both officers are absent, the authority devolves on the Capitol Police Board. (c) Authority of Mayor To Permit Use of Louisiana Avenue. - Notwithstanding subsection (a) and section 5104(f) of this title, the Capitol Police Board may grant the Mayor of the District of Columbia authority to permit the use of Louisiana Avenue for any of the purposes prohibited by section 5104(f). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5106(a) 40:193j. July 31, 1946, ch. 707, Secs. 11, 12, 60 Stat. 719. 5106(b) 40:193k (words before proviso). 5106(c) 40:193k (proviso). -------------------------------------------------------------------- In subsection (b), the words "District of Columbia" are substituted for "Washington" for clarity and consistency. In subsection (c), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 789). -End- -CITE- 40 USC Sec. 5107 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5107. Concerts on grounds -STATUTE- Sections 5102, 5103, 5104(b)-(f), 5105, 5106, and 5109 of this title and sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit a band in the service of the Federal Government from giving concerts in the United States Capitol Grounds at times which will not interfere with Congress and as authorized by the Architect of the Capitol. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178; Pub. L. 108-178, Sec. 3(2), Dec. 15, 2003, 117 Stat. 2640.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5107 40:193l. July 31, 1946, ch. 707, Sec. 13, 60 Stat. 720. -------------------------------------------------------------------- -REFTEXT- REFERENCES IN TEXT Sections 9, 9A, 9B, and 9C of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, and 1922, respectively, of Title 2, The Congress. -MISC2- AMENDMENTS 2003 - Pub. L. 108-178 substituted "5105, 5106" for "5105, 5105". EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-178 effective Aug. 21, 2002, see section 5 of Pub. L. 108-178, set out as a note under section 5334 of Title 5, Government Organization and Employees. -End- -CITE- 40 USC Sec. 5108 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5108. Audit of private organizations -STATUTE- A private organization (except a political party or committee constituted for the election of federal officials), whether or not organized for profit and whether or not any of its income inures to the benefit of any person, that performs services or conducts activities in the United States Capitol Buildings or Grounds is subject to a special audit of its accounts for each year in which it performs those services or conducts those activities. The Comptroller General shall conduct the audit and report the results of the audit to the Senate and the House of Representatives. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5108 40:193m-1. Pub. L. 91-510, title IV, Sec. 451(a), Oct. 26, 1970, 84 Stat. 1193. -------------------------------------------------------------------- The words "as defined by or pursuant to law" are omitted as unnecessary because of sections 5101 and 5102 of the revised title. The words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title. -End- -CITE- 40 USC Sec. 5109 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART B - UNITED STATES CAPITOL CHAPTER 51 - UNITED STATES CAPITOL BUILDINGS AND GROUNDS -HEAD- Sec. 5109. Penalties -STATUTE- (a) Firearms, Dangerous Weapons, Explosives, or Incendiary Device Offenses. - An individual or group violating section 5104(e)(1) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than five years, or both. (b) Other Offenses. - A person violating section 5103 or 5104(b), (c), (d), (e)(2), or (f) of this title, or attempting to commit a violation, shall be fined under title 18, imprisoned for not more than six months, or both. (c) Procedure. - (1) In general. - An action for a violation of this chapter or section 9, 9A, 9B, 9C or 14 of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), including an attempt or a conspiracy to commit a violation, shall be brought by the Attorney General in the name of the United States. This chapter and sections 9, 9A, 9B, 9C and 14 do not supersede any provision of federal law or the laws of the District of Columbia. Where the conduct violating this chapter or section 9, 9A, 9B, 9C or 14 also violates federal law or the laws of the District of Columbia, both violations may be joined in a single action. (2) Venue. - An action under this section for a violation of - (A) section 5104(e)(1) of this title or for conduct that constitutes a felony under federal law or the laws of the District of Columbia shall be brought in the United States District Court for the District of Columbia; and (B) any other section referred to in subsection (a) may be brought in the Superior Court of the District of Columbia. (3) Amount of penalty. - The penalty which may be imposed on a person convicted in an action under this subsection is the highest penalty authorized by any of the laws the defendant is convicted of violating. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1178.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 5109 40:193h. July 31, 1946, ch. 707, Sec. 8, 60 Stat. 719; Pub. L. 87-571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90-108, Sec. 1(c), Oct. 20, 1967, 81 Stat. 277. -------------------------------------------------------------------- In subsection (a), the words "fined under title 18" are substituted for "a felony punishable by a fine not exceeding $5,000" for consistency with chapter 227 of title 18. In subsection (b), the words "fined under title 18" are substituted for "a misdemeanor punishable by a fine not exceeding $500" for consistency with chapter 227 of title 18. In subsection (c)(1), the words "An action . . . shall be brought" are substituted for ["]shall be prosecuted" for consistency with other titles of the United States Code. The words "the Attorney General" are substituted for "the United States attorney or his assistants" because of 28:509. In subsection (c)(2)(B), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88-60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91-358, 85 Stat. 570). In subsection (c)(3), the words "of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress. -End- -CITE- 40 USC PART C - FEDERAL BUILDING COMPLEXES 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES -HEAD- PART C - FEDERAL BUILDING COMPLEXES -End- -CITE- 40 USC CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS -HEAD- CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS -MISC1- SUBCHAPTER I - GENERAL Sec. 6101. Definitions and application. 6102. Regulations. SUBCHAPTER II - BUILDINGS AND GROUNDS 6111. Supreme Court Building. 6112. Supreme Court Building and grounds employees. 6113. Duties of the Superintendent of the Supreme Court Building. 6114. Oliver Wendell Holmes Garden. SUBCHAPTER III - POLICING AUTHORITY 6121. General. 6122. Designation of members of the Supreme Court Police. 6123. Authority of Metropolitan Police of the District of Columbia. SUBCHAPTER IV - PROHIBITIONS AND PENALTIES 6131. Public travel in Supreme Court grounds. 6132. Sale of articles, signs, and solicitation in Supreme Court Building and grounds. 6133. Property in the Supreme Court Building and grounds. 6134. Firearms, fireworks, speeches, and objectionable language in the Supreme Court Building and grounds. 6135. Parades, assemblages, and display of flags in the Supreme Court Building and grounds. 6136. Suspension of prohibitions against use of Supreme Court grounds. 6137. Penalties. -End- -CITE- 40 USC SUBCHAPTER I - GENERAL 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER I - GENERAL -HEAD- SUBCHAPTER I - GENERAL -End- -CITE- 40 USC Sec. 6101 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER I - GENERAL -HEAD- Sec. 6101. Definitions and application -STATUTE- (a) Definitions. - In this chapter, the following definitions apply: (1) Official guest of the supreme court. - The term "official guest of the Supreme Court" means an individual who is a guest of the Supreme Court, as determined by the Chief Justice of the United States or any Associate Justice of the Supreme Court; (2) State. - The term "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States; and (b) Application. - For purposes of section 6102 of this title and subchapters III and IV, the Supreme Court grounds - (1) extend to the line of the face of - (A) the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; (B) the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; (C) the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and (D) the north curb of East Capitol Street between First Street Northeast and Second Street Northeast; and (2) comprise any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the Federal Government in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the Supreme Court Building and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109-214, Sec. 1(c)(2), Apr. 11, 2006, 120 Stat. 326.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6101(a) 40:13n(d). Aug. 18, 1949, ch. 479, Sec. 9(d), as added Pub. L. 97-390, Sec. 1(c)(2), Dec. 29, 1982, 96 Stat. 1958. 6101(b) 40:13p. Aug. 18, 1949, ch. 479, Sec. 11, 63 Stat. 617; Pub. L. 97-390, Sec. 1(d), Dec. 29, 1982, 96 Stat. 1958. -------------------------------------------------------------------- In subsection (a), the definition of "United States" is omitted as unnecessary because, within 40:13f-13p, the words "United States" are used in the geographical sense only in 40:13n(a)(2) and (c) and the restatement of those provisions, in section 6121 of the revised title, substitutes the words "any State" for "any part of the United States". Before clause (1), the words "In this chapter, the following definitions apply" are substituted for "As used in sections 13f to 13p of this title, the term - " for clarity. The terms are not used in 40:13a-13e, so using them chapter-wide does not expand their scope. In clause (2), the words "the Virgin Islands, Guam, the Northern Mariana Islands, the Federal States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States" are substituted for "any territory or possession of the United States" to clarify that the provisions of the source law apply to those jurisdictions. In subsection (b), before clause (1), the words "In addition to the property referred to in the preceding sentence, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds" are omitted as unnecessary. -REFTEXT- REFERENCES IN TEXT The Supreme Court Grounds Transfer Act of 2005, referred to in subsec. (b)(2), is section 1 of Pub. L. 109-214, Apr. 11, 2006, 120 Stat. 326, which is set out as a note below. -MISC2- AMENDMENTS 2006 - Subsec. (b)(2). Pub. L. 109-214 inserted "and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005" before period at end. EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-214 applicable to fiscal year 2006 and each fiscal year thereafter, see section 1(d) of Pub. L. 109-214, set out as a note below. TRANSFER OF JURISDICTION OVER CERTAIN REAL PROPERTY TO THE SUPREME COURT Pub. L. 109-214, Sec. 1, Apr. 11, 2006, 120 Stat. 326, provided that: "(a) Short Title. - This section may be cited as the 'Supreme Court Grounds Transfer Act of 2005'. "(b) Transfer of Jurisdiction. - "(1) In general. - Jurisdiction over the parcel of Federal real property described under paragraph (2) (over which jurisdiction was transferred to the Architect of the Capitol under section 514(b)(2)(B)(i) of the Omnibus Parks and Public Lands Management Act of 1996 (40 U.S.C. 5102 note; Public Law 104-333; 110 Stat. 4165)) is transferred to the Supreme Court of the United States, without consideration. "(2) Parcel. - The parcel of Federal real property referred to under paragraph (1) is that portion of the triangle of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Architect of the Capitol, including any contiguous sidewalks, bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running in a northeast direction on the west, the major portion of Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on the east, including the contiguous sidewalks. "(c) Miscellaneous. - "(1) Compliance with other laws. - Compliance with this section shall be deemed to satisfy the requirements of all laws otherwise applicable to transfers of jurisdiction over parcels of Federal real property. "(2) Inclusion in supreme court grounds. - [Amended section 6101(b)(2) of this title.] "(3) United states capitol grounds. - "(A) Definition. - Section 5102 of title 40, United States Code, is amended to exclude within the definition of the United States Capitol Grounds the parcel of Federal real property described in subsection (b)(2). "(B) Jurisdiction of capitol police. - The United States Capitol Police shall not have jurisdiction over the parcel of Federal real property described in subsection (b)(2) by reason of such parcel formerly being part of the United States Capitol Grounds. "(4) Recording of map of supreme court grounds. - The Architect of the Capitol shall record with the Office of the Surveyor of the District of Columbia a map showing areas comprising the grounds of the Supreme Court of the United States that reflects - "(A) the legal boundaries described under section 6101(b)(1) of title 40, United States Code; and "(B) any portion of the United States Capitol Grounds as described under section 5102 of title 40, United States Code, which is contiguous to the boundaries or property described under subparagraph (A) of this paragraph. "(d) Effective Date. - This Act shall apply to fiscal year 2006 and each fiscal year thereafter." UNITED STATES SUPREME COURT BUILDING; ACQUISITION OF CERTAIN REAL PROPERTY Pub. L. 96-532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub. L. 97-390, Sec. 3, Dec. 29, 1982, 96 Stat. 1958, provided: "That the Architect of the Capitol is authorized to acquire on behalf of the United States by purchase, condemnation, transfer, or otherwise, as an addition to the grounds of the United States Supreme Court Building, all privately owned real property contained in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia, as such lots appear on the records in the office of the Surveyor of the District of Columbia as of the date of the enactment of this Act [Dec. 15, 1980]. "Sec. 2. The acquisition of real property under this Act shall be conducted in accordance with the Act entitled 'Uniform Relocation Assistance and Land Acquisition Policies Act of 1970', Public Law 91-646, approved January 2, 1971 [42 U.S.C. 4601 et seq.], and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (16 D.C. Code, secs. 1351-1368). "Sec. 3. Upon acquisition of such real property by the Architect of the Capitol, on behalf of the United States, such property shall become a part of the grounds of the United States Supreme Court Building and shall be subject to all of the provisions of the Act entitled 'An Act to provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof', approved May 7, 1934 (40 U.S.C. 13a-13c) [now 40 U.S.C. 6111-6113], and section 6 of the joint resolution entitled 'Joint resolution to provide for the use and disposition of the bequest of the late Justice Oliver Wendell Holmes to the United States, and for other purposes', approved October 22, 1940 (40 U.S.C. 13e) [now 40 U.S.C. 6114]. "Sec. 4. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act. "Sec. 5. There is hereby authorized to be appropriated the sum of $645,000 for fiscal year 1981 for the purpose of carrying out the provisions of this Act, said appropriation to remain available until expended." -End- -CITE- 40 USC Sec. 6102 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER I - GENERAL -HEAD- Sec. 6102. Regulations -STATUTE- (a) Authority of the Marshal. - In addition to the restrictions and requirements specified in subchapter IV, the Marshal of the Supreme Court may prescribe regulations, approved by the Chief Justice of the United States, that are necessary for - (1) the adequate protection of the Supreme Court Building and grounds and of individuals and property in the Building and grounds; and (2) the maintenance of suitable order and decorum within the Building and grounds. (b) Posting Requirement. - All regulations prescribed under this section shall be posted in a public place at the Building and shall be made reasonably available to the public in writing. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1180.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6102 40:13l. Aug. 18, 1949, ch. 479, Sec. 7, 63 Stat. 617; Pub. L. 97-390, Sec. 1(b), Dec. 29, 1982, 96 Stat. 1957. -------------------------------------------------------------------- In subsection (a), before clause (1), the word "are" is substituted for "may be deemed" for clarity. In clause (1), the word "individuals" is substituted for "persons" for clarity. -End- -CITE- 40 USC SUBCHAPTER II - BUILDINGS AND GROUNDS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER II - BUILDINGS AND GROUNDS -HEAD- SUBCHAPTER II - BUILDINGS AND GROUNDS -End- -CITE- 40 USC Sec. 6111 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER II - BUILDINGS AND GROUNDS -HEAD- Sec. 6111. Supreme Court Building -STATUTE- (a) In General. - (1) Structural and mechanical care. - The Architect of the Capitol shall have charge of the structural and mechanical care of the Supreme Court Building, including - (A) the care and maintenance of the grounds; and (B) the supplying of all mechanical furnishings and mechanical equipment for the Building. (2) Operation and maintenance. - The Architect shall direct the operation and maintenance of the mechanical equipment and repair of the building. (3) Contract authority. - The Architect may enter into all necessary contracts to carry out this subsection. (b) Availability of Appropriations. - Amounts appropriated under - (1) subsection (a) and sections 6112 and 6113 of this title are available for - (A) expenses of heating and air-conditioning refrigeration supplied by the Capitol Power Plant, advancements for which shall be made and deposited in the Treasury to the credit of appropriations provided for the Capitol Power Plant; and (B) the purchase of electrical energy; and (2) the heading "Supreme Court of the United States" and "care of the building and grounds" are available for - (A) improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; (B) special clothing for workers; (C) personal and other services (including temporary labor without regard to chapter 51, subchapter III of chapter 53, and subchapter III of chapter 83, of title 5); and (D) without compliance with section 3709 of the Revised Statutes (41 U.S.C. 5) - (i) for snow removal (by hire of personnel and equipment or under contract); and (ii) for the replacement of electrical transformers containing polychlorinated biphenyls. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109-284, Sec. 6(18), Sept. 27, 2006, 120 Stat. 1213.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6111(a) 40:13a(a). May 7, 1934, ch. 222, Sec. 1, 48 Stat. 668; Pub. L. 95-431, title IV, ("Sec. 1(b) (less proviso)" in proviso in par. under heading "Care of the Building and Grounds"), Oct. 10, 1978, 92 Stat. 1036. 6111(b)(1) 40:13a(b). 6111(b)(2) 40:13a note. Pub. L. 101-162, title IV, (proviso in par. under heading "Care of the Building and Grounds"), Nov. 21, 1989, 103 Stat. 1010. -------------------------------------------------------------------- In subsection (b)(1), the words "In addition to the foregoing, any" and "hereafter" are omitted as unnecessary. In subsection (b)(2), before subclause (A), the words "That for fiscal year 1990 and hereafter" are omitted as executed. In subclause (C), the words "chapter 51, subchapter III of chapter 53, and subchapter III of chapter 83, of title 5" are substituted for "the Classification and Retirement Acts, as amended" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. AMENDMENTS 2006 - Subsec. (b). Pub. L. 109-284 struck out second period at end of heading. -End- -CITE- 40 USC Sec. 6112 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER II - BUILDINGS AND GROUNDS -HEAD- Sec. 6112. Supreme Court Building and grounds employees -STATUTE- Employees required to carry out section 6111(a) of this title shall be - (1) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (2) compensated in accordance with chapter 51 and subchapter III of chapter 53 of title 5; and (3) subject to subchapter III of chapter 83 of title 5. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1181.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6112 40:13b. May 7, 1934, ch. 222, Sec. 2, 48 Stat. 668; Pub. L. 95-431, title IV, ("Sec. 1(b) (proviso)" in proviso in par. under heading "Care of the Building and Grounds"), Oct. 10, 1978, 92 Stat. 1036. -------------------------------------------------------------------- In this section, before clause (1), the words "to carry out" are substituted for "for the performance of the provisions of" to eliminate unnecessary words. In clause (2), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In clause (3), the words "subchapter III of chapter 83 of title 5" are substituted for "the Act entitled 'An Act for the retirement of employees in the classified civil service, and for other purposes' approved May 22, 1920, as amended (U.S.C., title 5, ch. 14)" because of section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. -End- -CITE- 40 USC Sec. 6113 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER II - BUILDINGS AND GROUNDS -HEAD- Sec. 6113. Duties of the Superintendent of the Supreme Court Building -STATUTE- Except as provided in section 6111(a) of this title, all duties and work required for the operation, domestic care, and custody of the Supreme Court Building shall be performed under the direction of the Marshal of the Supreme Court. The Marshal serves as the superintendent of the Building. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1181.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6113 40:13c. May 7, 1934, ch. 222, Sec. 3, 48 Stat. 668; June 25, 1948, ch. 646, Sec. 27, 62 Stat. 990. -------------------------------------------------------------------- The words "Except as provided in section 6111(a) of this title" are substituted for "other" for clarity. -End- -CITE- 40 USC Sec. 6114 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER II - BUILDINGS AND GROUNDS -HEAD- Sec. 6114. Oliver Wendell Holmes Garden -STATUTE- The Architect of the Capitol shall maintain and care for the Oliver Wendell Holmes Garden in accordance with the provisions of law on the maintenance and care of the grounds of the Supreme Court Building. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1181.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6114 40:13e. Oct. 22, 1940, ch. 908, Sec. 6, 54 Stat. 1208. -------------------------------------------------------------------- The words "After the completion and dedication of" are omitted as executed. -End- -CITE- 40 USC SUBCHAPTER III - POLICING AUTHORITY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER III - POLICING AUTHORITY -HEAD- SUBCHAPTER III - POLICING AUTHORITY -End- -CITE- 40 USC Sec. 6121 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER III - POLICING AUTHORITY -HEAD- Sec. 6121. General -STATUTE- (a) Authority of Marshal of the Supreme Court and Supreme Court Police. - In accordance with regulations prescribed by the Marshal of the Supreme Court and approved by the Chief Justice of the United States, the Marshal and the Supreme Court Police shall have authority - (1) to police the Supreme Court Building and grounds and adjacent streets to protect individuals and property; (2) in any State, to protect - (A) the Chief Justice, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and (B) any officer or employee of the Supreme Court while that officer or employee is performing official duties; (3) while performing duties necessary to carry out paragraph (1) or (2), to make arrests for any violation of federal or state law and any regulation under federal or state law; and (4) to carry firearms as may be required while performing duties under section 6102 of this title, this subchapter, and subchapter IV. (b) Additional Requirements Related to Subsection (a)(2). - (1) Authorization to carry firearms. - Duties under subsection (a)(2)(A) with respect to an official guest of the Supreme Court in any State (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice or an Associate Justice, if those duties require the carrying of firearms under subsection (a)(4). (2) Termination of authority. - The authority provided under subsection (a)(2) expires on December 29, 2008. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182; Pub. L. 108-356, Sec. 1, Oct. 21, 2004, 118 Stat. 1416.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6121(a) 40:13n(a). Aug. 18, 1949, ch. 479, Sec. 9(a), 63 Stat. 617; Pub. L. 93-198, title VII, Sec. 739(g)(8), Dec. 24, 1973, 87 Stat. 829; Pub. L. 97-390, Sec. 1(c)(1), Dec. 29, 1982, 96 Stat. 1957. 6121(b) 40:13n(c). Aug. 18, 1949, ch. 479, Sec. 9(c), as added Pub. L. 97-390, Sec. 1(c)(2), Dec. 29, 1982, 96 Stat. 1958; Pub. L. 99-218, Dec. 26, 1985, 99 Stat. 1729; Pub. L. 99-492, Sec. 1, Oct. 16, 1986, 100 Stat. 1240; Pub. L. 101-462, Oct. 25, 1990, 104 Stat. 1079; Pub. L. 103-193, Dec. 14, 1993, 107 Stat. 2293; Pub. L. 104-280, Sec. 1, Oct. 9, 1996, 110 Stat. 3359, Pub. L. 106-518, title III, Sec. 313, Nov. 13, 2000, 114 Stat. 2421. -------------------------------------------------------------------- In this section, the words "any State" are substituted for "any part of the United States" to eliminate unnecessary words and for consistency with section 6101 of the revised title. In subsection (a)(3), the words "federal or state law and any regulation under federal or state law" are substituted for "a law of the United States or any State and any regulation under such law" for consistency in the revised title. In subsection (b), the words "The Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 13 of House Document No. 103-7. AMENDMENTS 2004 - Subsec. (b)(2). Pub. L. 108-356 substituted "2008" for "2004". -End- -CITE- 40 USC Sec. 6122 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER III - POLICING AUTHORITY -HEAD- Sec. 6122. Designation of members of the Supreme Court Police -STATUTE- Under the general supervision and direction of the Chief Justice of the United States, the Marshal of the Supreme Court may designate employees of the Supreme Court as members of the Supreme Court Police, without additional compensation. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6122 40:13f. Aug. 18, 1949, ch. 479, Sec. 1, 63 Stat. 616; Pub. L. 97-390, Sec. 1(a), Dec. 29, 1982, 96 Stat. 1957. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6123 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER III - POLICING AUTHORITY -HEAD- Sec. 6123. Authority of Metropolitan Police of the District of Columbia -STATUTE- The Metropolitan Police of the District of Columbia may make arrests within the Supreme Court Building and grounds for a violation of federal or state law or any regulation under federal or state law. This section does not authorize the Metropolitan Police to enter the Supreme Court Building to make an arrest in response to a complaint, serve a warrant, or patrol the Supreme Court Building or grounds, unless the Metropolitan Police have been requested to do so by, or have received the consent of, the Marshal of the Supreme Court or an assistant to the Marshal. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6123 40:13n(b). Aug. 18, 1949, ch. 479, Sec. 9(b), 63 Stat. 617; Pub. L. 97-390, Sec. 1(c)(1), Dec. 29, 1982, 96 Stat. 1957. -------------------------------------------------------------------- The words "violation of federal or state law or any regulation under federal or state law" are substituted for "violations of any such laws or regulations", and the words "unless the Metropolitan Police have been requested to do so by, or have received the consent of, the Marshal of the Supreme Court of the United States or an assistant to the Marshal" are substituted for "except with the consent or on the request of the Marshal of the Supreme Court or his assistants", for clarity. -End- -CITE- 40 USC SUBCHAPTER IV - PROHIBITIONS AND PENALTIES 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -End- -CITE- 40 USC Sec. 6131 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6131. Public travel in Supreme Court grounds -STATUTE- Public travel in, and occupancy of, the Supreme Court grounds is restricted to the sidewalks and other paved surfaces. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1182.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6131 40:13g. Aug. 18, 1949, ch. 479, Sec. 2, 63 Stat. 616. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6132 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6132. Sale of articles, signs, and solicitation in Supreme Court Building and grounds -STATUTE- It is unlawful - (1) to offer or expose any article for sale in the Supreme Court Building or grounds; (2) to display a sign, placard, or other form of advertisement in the Building or grounds; or (3) to solicit fares, alms, subscriptions, or contributions in the Building or grounds. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6132 40:13h. Aug. 18, 1949, ch. 479, Sec. 3, 63 Stat. 616. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6133 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6133. Property in the Supreme Court Building and grounds -STATUTE- It is unlawful to step or climb on, remove, or in any way injure any statue, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, in the Supreme Court Building or grounds. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6133 40:13i. Aug. 18, 1949, ch. 479, Sec. 4, 63 Stat. 617. -------------------------------------------------------------------- The word "fountain" conforms to the original text as signed into law by the President. A typographical error was made in printing the source law in the Statutes-at-Large (63 Stat. 617) where the word appears as "foundation". -End- -CITE- 40 USC Sec. 6134 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6134. Firearms, fireworks, speeches, and objectionable language in the Supreme Court Building and grounds -STATUTE- It is unlawful to discharge a firearm, firework or explosive, set fire to a combustible, make a harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6134 40:13j. Aug. 18, 1949, ch. 479, Sec. 5, 63 Stat. 617. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6135 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6135. Parades, assemblages, and display of flags in the Supreme Court Building and grounds -STATUTE- It is unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display in the Building and grounds a flag, banner, or device designed or adapted to bring into public notice a party, organization, or movement. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6135 40:13k. Aug. 18, 1949, ch. 479, Sec. 6, 63 Stat. 617. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6136 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6136. Suspension of prohibitions against use of Supreme Court grounds -STATUTE- To allow the observance of authorized ceremonies in the Supreme Court Building and grounds, the Marshal of the Supreme Court may suspend for those occasions any of the prohibitions contained in this subchapter as may be necessary for the occasion if - (1) responsible officers have been appointed; and (2) the Marshal determines that adequate arrangements have been made - (A) to maintain suitable order and decorum in the proceedings; and (B) to protect the Supreme Court Building and grounds and individuals and property in the Building and grounds. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6136 40:13o. Aug. 18, 1949, ch. 479, Sec. 10, 63 Stat. 617. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6137 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 61 - UNITED STATES SUPREME COURT BUILDING AND GROUNDS SUBCHAPTER IV - PROHIBITIONS AND PENALTIES -HEAD- Sec. 6137. Penalties -STATUTE- (a) In General. - An individual who violates this subchapter, or a regulation prescribed under section 6102 of this title, shall be fined under title 18, imprisoned not more than 60 days, or both. (b) Venue and Procedure. - Prosecution for a violation described in subsection (a) shall be in the United States District Court for the District of Columbia or in the Superior Court of the District of Columbia, on information by the United States Attorney or an Assistant United States Attorney. (c) Offenses Involving Property Damage Over $100. - If during the commission of a violation described in subsection (a), public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1183; Pub. L. 108-356, Sec. 2, Oct. 21, 2004, 118 Stat. 1416.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6137 40:13m. Aug. 18, 1949, ch. 479, Sec. 8, 63 Stat. 617. -------------------------------------------------------------------- In subsection (a), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18. In subsection (b), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88-60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91-358, 85 Stat. 570). AMENDMENTS 2004 - Subsec. (b). Pub. L. 108-356 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Prosecution for a violation described in subsection (a) shall be in the Superior Court of the District of Columbia, on information by the United States Attorney or an Assistant United States Attorney." -End- -CITE- 40 USC CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -MISC1- Sec. 6301. Definition. 6302. Public use of grounds. 6303. Unlawful activities. 6304. Additional regulations. 6305. Suspension of regulations. 6306. Policing of buildings and grounds. 6307. Penalties. -End- -CITE- 40 USC Sec. 6301 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6301. Definition -STATUTE- In this chapter, the term "specified buildings and grounds" means - (1) Smithsonian institution. - The Smithsonian Institution and its grounds, which include the following: (A) Smithsonian buildings and grounds on the national mall. - The Smithsonian Building, the Arts and Industries Building, the Freer Gallery of Art, the National Air and Space Museum, the National Museum of Natural History, the National Museum of American History, the National Museum of the American Indian, the Hirshhorn Museum and Sculpture Garden, the Arthur M. Sackler Gallery, the National Museum of African Art, the S. Dillon Ripley Center, and all other buildings of the Smithsonian Institution within the Mall, including the entrance walks, unloading areas, and other pertinent service roads and parking areas. (B) National zoological park. - The National Zoological Park comprising all the buildings, streets, service roads, walks, and other areas within the boundary fence of the National Zoological Park in the District of Columbia and including the public space between that fence and the face of the curb lines of the adjacent city streets. (C) Other smithsonian buildings and grounds. - All other buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) that the Smithsonian Institution acquires and that the Secretary of the Smithsonian Institution determines to be necessary for the adequate protection of individuals or property in the Smithsonian Institution and suitable for administration as a part of the Smithsonian Institution. (2) National gallery of art. - The National Gallery of Art and its grounds, which extend - (A) to the line of the face of the south curb of Constitution Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest; (B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest; and (C) to the line of the face of the south curb of Constitution Avenue Northwest, between Ninth Street Northwest and Seventh Street Northwest; to the line of the face of the west curb of Seventh Street Northwest, between Constitution Avenue Northwest and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Seventh Street Northwest and the line of the face of the east side of the east retaining wall of the Ninth Street Expressway Northwest; and to the line of the face of the east side of the east retaining wall of the Ninth Street Expressway Northwest, between Madison Drive Northwest and Constitution Avenue Northwest. (3) John f. kennedy center for the performing arts. - The John F. Kennedy Center for the Performing Arts, which extends to the line of the west face of the west retaining walls and curbs of the Inner Loop Freeway on the east, the north face of the north retaining walls and curbs of the Theodore Roosevelt Bridge approaches on the south, the east face of the east retaining walls and curbs of Rock Creek Parkway on the west, and the south curbs of New Hampshire Avenue and F Street on the north, as generally depicted on the map entitled "Transfer of John F. Kennedy Center for the Performing Arts", numbered 844/82563 and dated April 20, 1994 (as amended by the map entitled "Transfer of John F. Kennedy Center for the Performing Arts", numbered 844/82563A and dated May 22, 1997), which shall be on file and available for public inspection in the office of the National Capital Region, National Park Service. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1184.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6301 40:193v. Oct. 24, 1951, ch. 559, Sec. 9, 65 Stat. 635; Pub. L. 88-391, Sec. 3, Aug. 1, 1964, 78 Stat. 366; Pub. L. 90-376, Sec. 3, July 5, 1968, 82 Stat. 286; Pub. L. 102-336, Aug. 7, 1992, 106 Stat. 864; Pub. L. 103-279, Sec. 9(c), July 21, 1994, 108 Stat. 1417; Pub. L. 105-95, Sec. 4 (related to section 9(3) of the Act of October 24, 1951), Nov. 19, 1997, 111 Stat. 2149. -------------------------------------------------------------------- In clause (1)(A), the words "National Museum of American History" are substituted for "Museum of History and Technology" because of section 3 of the Act of October 13, 1980 (Public Law 96-441, 20:71 note). In clause (1)(C), the words "the Smithsonian Institution acquires" are substituted for "that shall hereafter be acquired by the Smithsonian Institution" to eliminate unnecessary words. In clause (3), the words "the site of" are omitted as unnecessary and for consistency in the revised section. -End- -CITE- 40 USC Sec. 6302 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6302. Public use of grounds -STATUTE- Public travel in, and occupancy of, the grounds specified under section 6301 of this title are restricted to the sidewalks and other paved surfaces, except in the National Zoological Park. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1185.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6302 40:193o. Oct. 24, 1951, ch. 559, Sec. 2, 65 Stat. 634. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6303 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6303. Unlawful activities -STATUTE- (a) Displays and Solicitations. - It is unlawful for anyone other than an authorized employee or concessionaire to carry out any of the following activities within the specified buildings and grounds: (1) Offer or expose any article for sale. (2) Display any sign, placard, or other form of advertisement. (3) Solicit alms, subscriptions, or contributions. (b) Touching of, or Injuries to, Property. - It is unlawful for anyone - (1) other than an authorized employee, to touch or handle objects of art or scientific or historical objects on exhibition within the specified buildings or grounds; or (2) to step or climb on, remove, or in any way injure any object of art, exhibit (including an exhibit animal), equipment, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, within the specified buildings or grounds. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1185.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6303(a) 40:193p. Oct. 24, 1951, ch. 559, Secs. 3, 4, 65 Stat. 634. 6303(b) 40:193q. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6304 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6304. Additional regulations -STATUTE- (a) Authority To Prescribe Additional Regulations. - In addition to the restrictions and requirements specified in sections 6302 and 6303 of this title, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts may prescribe for their respective agencies regulations necessary for - (1) the adequate protection of the specified buildings and grounds and individuals and property in those buildings and grounds; and (2) the maintenance of suitable order and decorum within the specified buildings and grounds, including the control of traffic and parking of vehicles in the National Zoological Park and all other areas in the District of Columbia under their control. (b) Publication in Federal Register. - A regulation prescribed under this section shall be published in the Federal Register and is not effective until the expiration of 10 days after the date of publication. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6304 40:193r. Oct. 24, 1951, ch. 559, Sec. 5, 65 Stat. 634; Pub. L. 88-391, Sec. 1, Aug. 1, 1964, 78 Stat. 365; Pub. L. 103-279, Sec. 9(a), July 21, 1994, 108 Stat. 1416. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 6305 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6305. Suspension of regulations -STATUTE- To allow authorized services, training programs, and ceremonies in the specified buildings and grounds, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their designees) may suspend for their respective agencies any of the prohibitions contained in sections 6302 and 6303 of this title as may be necessary for the occasion or circumstance if - (1) responsible officers have been appointed; and (2) the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their designees) determine that adequate arrangements have been made - (A) to maintain suitable order and decorum in the proceedings; and (B) to protect the specified buildings and grounds and persons and property in those buildings and on those grounds. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6305 40:193u. Oct. 24, 1951, ch. 559, Sec. 8, 65 Stat. 635; Pub. L. 103-279, Sec. 9(b), July 21, 1994, 108 Stat. 1416. -------------------------------------------------------------------- Before clause (1), the words "or their designees" are substituted for "or their designated representatives" for consistency in the revised section. -End- -CITE- 40 USC Sec. 6306 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6306. Policing of buildings and grounds -STATUTE- (a) Designation of Employees as Special Police. - Subject to section 5375 of title 5, the Secretary of the Smithsonian Institution, the Trustees of the National Gallery of Art, and the Trustees of the John F. Kennedy Center for the Performing Arts (or their designees) may designate employees of their respective agencies as special police, without additional compensation, for duty in connection with the policing of their respective specified buildings and grounds. (b) Powers. - The employees designated as special police under subsection (a) - (1) may, within the specified buildings and grounds, enforce, and make arrests for violations of, sections 6302 and 6303 of this title, any regulation prescribed under section 6304 of this title, federal or state law, or any regulation prescribed under federal or state law; and (2) may enforce concurrently with the United States Park Police the laws and regulations applicable to the National Capital Parks, and may make arrests for violations of sections 6302 and 6303 of this title, within the several areas located within the exterior boundaries of the face of the curb lines of the squares within which the specified buildings and grounds are located. (c) Uniforms and Other Equipment. - The employees designated as special police under subsection (a) may be provided, without charge, with uniforms and other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1186.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6306(a) 40:193n. Oct. 24, 1951, ch. 559, Sec. 1, 65 Stat. 634; Pub. L. 91-34, Sec. 2(c), June 30, 1969, 83 Stat. 41; Pub. L. 104-134, title I, Sec. 101(c) [title II, proviso in 1st par. under heading "John F. Kennedy Center for the Performing Arts"], Apr. 26, 1996, 110 Stat. 1321-193, renumbered as title I by Pub. L. 104-140, Sec. 1(a), May 2, 1996, 110 Stat. 1327. 6306(b)(1) 40:193t (words Oct. 24, 1951, ch. 559, Sec. before 5th comma). 7, 65 Stat. 635; Pub. L. 88-391, Sec. 2, Aug. 1, 1964, 78 Stat. 365. 6306(b)(2) 40:193x. Oct. 24, 1951, ch. 559, Sec. 11, as added Pub. L. 88-391, Sec. 4, Aug. 1, 1964, 78 Stat. 366. 6306(c) 40:193t (words after 5th comma). -------------------------------------------------------------------- In subsection (a), the words "section 5375 of title 5" are substituted for "section 5365 of title 5" because of section 801(a)(3)(A)(ii) of the Civil Service Reform Act of 1978 (Public Law 95-454, 92 Stat. 1221), which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. The words "or their designees" are substituted for "or their authorized representatives" for consistency in the revised chapter. In subsection (b)(2), the words "within which the specified buildings and grounds are located" are substituted for "within which the aforementioned buildings are located" for clarity. -End- -CITE- 40 USC Sec. 6307 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 63 - SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS -HEAD- Sec. 6307. Penalties -STATUTE- (a) In General. - (1) Penalty. - A person violating section 6302 or 6303 of this title, or a regulation prescribed under section 6304 of this title, shall be fined under title 18, imprisoned for not more than 60 days, or both. (2) Procedure. - Prosecution for an offense under this subsection shall be in the Superior Court of the District of Columbia, by information by the United States Attorney or an Assistant United States Attorney. (b) Offenses Involving Property Damage Over $100. - (1) Penalty. - If in the commission of a violation described in subsection (a), property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years. (2) Venue and procedure. - Prosecution of an offense under this subsection shall be in the United States District Court for the District of Columbia by indictment. Prosecution may be on information by the United States Attorney or an Assistant United States Attorney if the defendant, after being advised of the nature of the charge and of rights of the defendant, waives in open court prosecution by indictment. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1187.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6307 40:193s. Oct. 24, 1951, ch. 559, Sec. 6, 65 Stat. 635. -------------------------------------------------------------------- In subsection (a)(1), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18. In subsection (a)(2), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88-60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91-358, 85 Stat. 570). In subsection (b)(1), the words "the amount of the fine for the offense may be not more than $5,000" are omitted for consistency with chapter 227 of title 18. -End- -CITE- 40 USC CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -MISC1- Sec. 6501. Definition. 6502. Thurgood Marshall Federal Judiciary Building. 6503. Commission for the Judiciary Office Building. 6504. Lease of building. 6505. Structural and mechanical care and security. 6506. Allocation of space. 6507. Account in Treasury. AMENDMENTS 2006 - Pub. L. 109-284, Sec. 6(19), Sept. 27, 2006, 120 Stat. 1213, renumbered item 6581 as 6501. -End- -CITE- 40 USC Sec. 6501 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- Sec. 6501. Definition -STATUTE- In this chapter, the term "Chief Justice" means the Chief Justice of the United States or the designee of the Chief Justice, except that when there is a vacancy in the office of the Chief Justice, the most senior associate justice of the Supreme Court shall be deemed to be the Chief Justice for purposes of this chapter until the vacancy is filled. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1188.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6501 40:1208. Pub. L. 100-480, Sec. 10, Oct. 7, 1988, 102 Stat. 2335. -------------------------------------------------------------------- The text of 40:1208(1) and (3) is omitted as unnecessary because the complete names of the Architect of the Capitol and the Commission for the Judiciary Office Building are used the first times the terms appear in a section. -End- -CITE- 40 USC Sec. 6502 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- Sec. 6502. Thurgood Marshall Federal Judiciary Building -STATUTE- (a) Establishment and Designation. - There is a Federal Judiciary Building in Washington, D.C., known and designated as the "Thurgood Marshall Federal Judiciary Building". (b) Title. - (1) Squares 721 and 722. - Title to squares 721 and 722 remains in the Federal Government. (2) Building. - Title to the Building and other improvements constructed or otherwise made immediately reverts to the Government at the expiration of not more than 30 years from the effective date of the lease agreement referred to in section 6504 of this title without payment of any compensation by the Government. (c) Limitations. - (1) Size of building. - The Building (excluding parking facilities) may not exceed 520,000 gross square feet in size above the level of Columbia Plaza in the District of Columbia. (2) Height of building. - The height of the Building and other improvements shall be compatible with the height of surrounding Government and historic buildings and conform to the provisions of the Act of June 1, 1910 (ch. 263, 36 Stat. 452) (known as the Building Height Act of 1910). (3) Design. - The Building and other improvements shall - (A) be designed in harmony with historical and Government buildings in the vicinity; (B) reflect the symbolic importance and historic character of the United States Capitol and other buildings on the United States Capitol Grounds; and (C) represent the dignity and stability of the Government. (d) Approval of Chief Justice. - All final decisions regarding architectural design of the Building are subject to the approval of the Chief Justice. (e) Chilled Water and Steam From Capitol Power Plant. - If the Building is connected with the Capitol Power Plant, the Architect of the Capitol shall furnish chilled water and steam from the Plant to the Building on a reimbursable basis. (f) Construction Standards. - The Building and other improvements constructed under this chapter shall meet all standards applicable to construction of a federal building. (g) Accounting System. - The Architect shall maintain an accounting system for operation and maintenance of the Building and other improvements which will allow accurate projections of the dates and cost of major repairs, improvements, reconstructions, and replacements of the Building and improvements and other capital expenditures on the Building and improvements. (h) Nonapplicability of Certain Laws. - (1) Building codes, permits, or inspection. - The Building is not subject to any law of the District of Columbia relating to building codes, permits, or inspection, including any such law enacted by Congress. (2) Taxes. - The Building and other improvements constructed under this chapter are not subject to any law of the District of Columbia relating to real estate and personal property taxes, special assessments, or other taxes, including any such law enacted by Congress. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1188.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6502(a) 40:1201 note. Pub. L. 103-4, Sec. 1, Feb. 8, 1993, 107 Stat. 30. 6502(b) 40:1202(b)(2)(B), Pub. L. 100-480, Secs. (C). 3(a)(6), (8), (b)(2)(B), (C), (c)-(e), 4(c), Oct. 7, 1988, 102 Stat. 2329, 2330, 2331. 6502(c) 40:1202(a)(8). 6502(d) 40:1202(a)(6). 6502(e) 40:1202(c). 6502(f) 40:1202(d) (1st, 2d sentences). 6502(g) 40:1203(c). 6502(h)(1) 40:1202(d) (last sentence). 6502(h)(2) 40:1202(e). -------------------------------------------------------------------- In subsection (e), the text of 40:1202(c)(1) is omitted as obsolete. In subsection (f), the text of 40:1202(d) (2d sentence) is omitted as obsolete. -REFTEXT- REFERENCES IN TEXT The Building Height Act of 1910, referred to in subsec. (c)(2), is act June 1, 1910, ch. 263, 36 Stat. 452, which is not classified to the Code. -MISC2- REFERENCE TO THE THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING Pub. L. 103-4, Sec. 2, Feb. 8, 1993, 107 Stat. 30, provided that: "Any reference in any law, map, regulation, document, paper, or other record of the United States to the Federal Judiciary Building referred to in section 1 [now 40 U.S.C. 6502(a)] shall be deemed to be a reference to the 'Thurgood Marshall Federal Judiciary Building'." -End- -CITE- 40 USC Sec. 6503 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- Sec. 6503. Commission for the Judiciary Office Building -STATUTE- (a) Establishment and Membership. - There is a Commission for the Judiciary Office Building, composed of the following 13 members or their designees: (1) Two individuals appointed by the Chief Justice from among justices of the Supreme Court and other judges of the United States. (2) The members of the House Office Building Commission. (3) The majority leader and minority leader of the Senate. (4) The Chairman and the ranking minority member of the Senate Committee on Rules and Administration. (5) The Chairman and the ranking minority member of the Senate Committee on Environment and Public Works. (6) The Chairman and ranking minority member of the Committee on Transportation and Infrastructure of the House of Representatives. (b) Quorum. - Seven members of the Commission is a quorum. (c) Duties. - The Commission is responsible for the supervision of the design, construction, operation, maintenance, structural, mechanical, and domestic care, and security of the Thurgood Marshall Federal Judiciary Building. The Commission shall prescribe regulations to govern the actions of the Architect of the Capitol under this chapter and to govern the use and occupancy of all space in the Building. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1189.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6503(a) 40:1206(a), (b). Pub. L. 100-480, Sec. 7, Oct. 7, 1988, 102 Stat. 2334. 6503(b) 40:1206(d). 6503(c) 40:1206(c). -------------------------------------------------------------------- In subsection (a)(6), the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7(b) of the Judiciary Office Building Development Act (Public Law 100-480, 102 Stat. 2334) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104-14, 2:21 note prec.). In subsection (c), the words "from time to time" are omitted as unnecessary. -End- -CITE- 40 USC Sec. 6504 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- Sec. 6504. Lease of building -STATUTE- (a) Lease Agreement. - Under an agreement with the person selected to construct the Thurgood Marshall Federal Judiciary Building, the Architect of the Capitol shall lease the Building to carry out the objectives of this chapter. (b) Minimum Requirements of Lease Agreement. - The agreement includes at a minimum the following: (1) Limit on length of lease. - The Architect will lease the Building and other improvements for not more than 30 years from the effective date of the agreement. (2) Rental rate. - The rental rate per square foot of occupiable space for all space in the Building and other improvements will be in the best interest of the Federal Government and will carry out the objectives of this chapter. The aggregate rental rate for all space in the Building and other improvements shall produce an amount at least equal to the amount necessary to amortize the cost of development of squares 721 and 722 in the District of Columbia over the life of the lease. (3) Authority to make space available and sublease space. - The Architect may make space available and sublease space in the Building and other improvements in accordance with section 6506 of this title. (4) Other terms and conditions. - The agreement contains terms and conditions the Architect prescribes to carry out the objectives of this chapter. (c) Obligation of Amounts. - Obligation of amounts for lease payments under this section may only be made - (1) on an annual basis; and (2) from the account described in section 6507 of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1189.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6504(a) 40:1203(a). Pub. L. 100-480, Secs. 3(b)(2)(D) (words after "provisions of this chapter"), 4(a), (b), (d), Oct. 7, 1988, 102 Stat. 2330, 2331. 6504(b)(1)- 40:1203(b). (3) 6504(b)(4) 40:1202(b)(2)(D) (words after "provisions of this Act"). 6504(c) 40:1203(d). -------------------------------------------------------------------- Subsection (a) is substituted for 40:1203(a) to eliminate obsolete words. In subsection (b)(2), the words "in the District of Columbia" are added for clarity. -End- -CITE- 40 USC Sec. 6505 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- Sec. 6505. Structural and mechanical care and security -STATUTE- (a) Structural and Mechanical Care. - The Architect of the Capitol, under the direction of the Commission for the Judiciary Office Building - (1) is responsible for the structural and mechanical care and maintenance of the Thurgood Marshall Federal Judiciary Building and improvements, including the care and maintenance of the grounds of the Building, in the same manner and to the same extent as for the structural and mechanical care and maintenance of the Supreme Court Building under section 6111 of this title; and (2) shall perform all other duties and work required for the operation and domestic care of the Building and improvements. (b) Security. - (1) Capitol police. - The United States Capitol Police - (A) are responsible for all exterior security of the Building and other improvements constructed under this chapter; and (B) may police the Building and other improvements, including the interior and exterior, and may make arrests within the interior and exterior of the Building and other improvements for any violation of federal or state law or the laws of the District of Columbia, or any regulation prescribed under any of those laws. (2) Marshal of the supreme court. - This chapter does not interfere with the obligation of the Marshal of the Supreme Court to protect justices, officers, employees, or other personnel of the Supreme Court who may occupy the Building and other improvements. (3) Reimbursement. - The Architect shall transfer from the account described in section 6507 of this title amounts necessary to reimburse the United States Capitol Police for expenses incurred in providing exterior security under this subsection. The Capitol Police may accept amounts the Architect transfers under this paragraph. Those amounts shall be credited to the appropriation account charged by the Capitol Police in carrying out security duties. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1190.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 6505(a) 40:1204(a). Pub. L. 100-480, Sec. 5, Oct. 7, 1988, 102 Stat. 2331; Pub. L. 102-392, title III, Sec. 311(a), Oct. 6, 1992, 106 Stat. 1723. 6505(b)(1)( 40:1204(b)(1). A) 6505(b)(1)( 40:1204(c). B) 6505(b)( 40:1204(b)(2), (3). 2), (3) -------------------------------------------------------------------- In subsection (a), before clause (1), the words "Upon occupancy by the United States of the building and other improvements constructed under this chapter" are omitted as obsolete. -End- -CITE- 40 USC Sec. 6506 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE II - PUBLIC BUILDINGS AND WORKS PART C - FEDERAL BUILDING COMPLEXES CHAPTER 65 - THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING -HEAD- Sec. 6506. Allocation of space -STATUTE- (a) Priority. - (1) Judicial branch. - Subject to this section, the Architect of the Capitol shall make available to the judicial branch of the Federal Government all space in the Thurgood Marshall Federal Judiciary Building and other improvements constructed under this chapter. The space shall be made available on a reimbursable basis and substantially in accordance with the report referred to in section 3(b)(1) of the Judiciary Office Building Development Act (Public Law 100-480, 102 Stat. 2330). (2) Other federal governmental entities. - The Architect may make available to federal governmental entities which are not part of the judicial branch and which are not staff of Members of Congress or congressional committees any space in the Building and other improvements that the Chief Justice decides is not needed by the judicial branch. The space shall be made available on a reimbursable basis. (3) Other persons. - If any space remains, the Architect may sublease it pursuant to subsection (e), under the direction of the Commission for the Judiciary Office Building, to any person. (b) Space for Judicial Branch and Other Federal Governmental Entities. - Space made available under subsection (a)(1) or (2) is subject to - (1) terms and conditions necessary to carry out the objectives of this chapter; and (2) reimbursement at the rate established under section 6504(b)(2) of this title plus an amount necessary to pay each year for the cost of administering the Building and other improvements (including the cost of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) that is attributable to the space, with the amount to be determined by the Architect and - (A) in the case of the judicial branch, the Director of the Administrative Office of the United States Courts; or (B) in the case of any federal governmental entity not a part of the judicial branch, the entity. (c) Space for Judicial Branch. - (1) Assignment of space within judicial branch. - The Director may assign space made available to the judicial branch under subsection (a)(1) among offices of the judicial branch as the Director considers appropriate. (2) Vacating occupied space. - When the Chief Justice notifies the Architect that the judicial branch requires additional space in the Building and other improvements, the Architect shall accommodate those requirements within 90 days after the date of the notification, except that if the space was made available to the Administrator of General Services, it shall be vacated expeditiously by not later than a date the Chief Justice and the Administrator agree on. (3) Unoccupied space. - The Chief Justice has the right of first refusal to use unoccupied