[107th Congress Public Law 217]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ217.107]
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CODIFYING TITLE 40, UNITED STATES CODE--PUBLIC BUILDINGS, PROPERTY, AND
WORKS
[[Page 116 STAT. 1062]]
Public Law 107-217
107th Congress
An Act
To revise, codify, and enact without substantive change certain general
and permanent laws, related to public buildings, property, and works, as
title <<NOTE: Aug. 21, 2002 - [H.R. 2068]>> 40, United States Code,
``Public Buildings, Property, and Works''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: 40 USC note prec. 101.>> TITLE 40, UNITED STATES
CODE.
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'', as follows:
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle Sec.
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES 101
PUBLIC BUILDINGS AND WORKS 3101
INFORMATION TECHNOLOGY MANAGEMENT 11101
APPALACHIAN REGIONAL DEVELOPMENT 14101
MISCELLANEOUS 17101
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
Chapter Sec.
GENERAL 101
ORGANIZATION OF GENERAL SERVICES ADMINISTRATION 301
PROPERTY MANAGEMENT 501
FOREIGN EXCESS PROPERTY 701
URBAN LAND USE 901
SELECTION OF ARCHITECTS AND ENGINEERS 1101
PUBLIC PROPERTY 1301
CHAPTER 1--GENERAL
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.
[[Page 116 STAT. 1063]]
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.
SUBCHAPTER I--PURPOSE AND DEFINITIONS
Sec. 101. Purpose
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.
Sec. 102. Definitions
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--
[[Page 116 STAT. 1064]]
(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.
[[Page 116 STAT. 1065]]
SUBCHAPTER II--SCOPE
Sec. 111. Application to Federal Property and Administrative Services
Act of 1949
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.
Sec. 112. Applicability of certain policies, procedures, and directives
in effect on July 1, 1949
(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.
[[Page 116 STAT. 1066]]
Sec. 113. Limitations
(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.);
[[Page 116 STAT. 1067]]
(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;
[[Page 116 STAT. 1068]]
(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.); or
(19) the Secretary of State with respect to the furnishing of
facilities in foreign countries and reception centers within the
United States.
SUBCHAPTER III--ADMINISTRATIVE AND GENERAL
Sec. 121. Administrative
(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.
[[Page 116 STAT. 1069]]
(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
[[Page 116 STAT. 1070]]
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.
Sec. 122. Prohibition on sex discrimination
(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.
Sec. 123. Civil remedies for fraud
(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,
[[Page 116 STAT. 1071]]
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.
Sec. 124. Agency use of amounts for property management
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.
Sec. 125. Library memberships
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.
Sec. 126. Reports to Congress
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.
CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
SUBCHAPTER I--GENERAL
Sec.
301. Establishment.
302. Administrator and Deputy Administrator.
303. Functions.
304. Federal information centers.
SUBCHAPTER II--ADMINISTRATIVE
311. Personnel.
312. Transfer and use of amounts for major equipment acquisitions.
313. Tests of materials.
SUBCHAPTER III--FUNDS
321. General Supply Fund.
322. Information Technology Fund.
323. Consumer Information Center Fund.
SUBCHAPTER I--GENERAL
Sec. 301. Establishment
The General Services Administration is an agency in the executive
branch of the Federal Government.
[[Page 116 STAT. 1072]]
Sec. 302. Administrator and Deputy Administrator
(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.
Sec. 303. Functions
(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.
Sec. 304. Federal information centers
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.
SUBCHAPTER II--ADMINISTRATIVE
Sec. 311. Personnel
(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
[[Page 116 STAT. 1073]]
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.
Sec. 312. Transfer and use of amounts for major equipment acquisitions
(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.
Sec. 313. Tests of materials
(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
[[Page 116 STAT. 1074]]
(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.
SUBCHAPTER III--FUNDS
Sec. 321. General Supply Fund
(a) Existence.--The General Supply Fund is a special fund in the
Treasury.
(b) Composition.--
(1) In general.--The Fund is composed of amounts appropriated
to the Fund and the value, as determined by the Administrator of
General Services, of personal property transferred from
executive agencies to the Administrator under section 501(d) of
this title to the extent that payment is not made or credit
allowed for the property.
(2) Other credits.--
(A) In general.--The Fund shall be credited with all
reimbursements, advances, and refunds or recoveries
relating to personal property or services procured
through the Fund, including--
(i) the net proceeds of disposal of surplus
personal property; and
(ii) receipts from carriers and others for loss
of, or damage to, personal property.
(B) Reappropriation.--Amounts credited under this
paragraph are reappropriated for the purposes of the
Fund.
(3) 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); and
(ii) nonpersonal services;
[[Page 116 STAT. 1075]]
(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; and
(v) 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.
[[Page 116 STAT. 1076]]
(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) Treatment of Surplus.--
(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.
(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.
Sec. 322. Information Technology Fund
(a) Existence.--There is an Information Technology Fund in the
Treasury.
(b) Cost and Capital Requirements.--
(1) In general.--The Administrator of General Services shall
determine the cost and capital requirements of the Fund for each
fiscal year. The cost and capital requirements may include
amounts--
(A) needed to purchase (if the Administrator has
determined that purchase is the least costly
alternative) information processing and transmission
equipment, software, systems, and operating facilities
necessary to provide services;
(B) resulting from operations of the Fund, including
the net proceeds from the disposal of excess or surplus
personal property and receipts from carriers and others
for loss or damage to property; and
(C) that are appropriated, authorized to be
transferred, or otherwise made available to the Fund.
(2) Submitting plans to office of management and budget.--The
Administrator shall submit plans concerning the cost and capital
requirements determined under this section, and other
information as may be requested, for review and approval by the
Director of the Office of Management and Budget. Plans submitted
under this section fulfill the requirements of sections 1512 and
1513 of title 31.
(3) Adjustments.--Any change to the cost and capital
requirements of the Fund for a fiscal year shall be made in the
same manner as the initial fiscal year determination.
(c) Use.--
(1) In general.--The Fund is available for expenses,
including personal services and other costs, and for procurement
(by lease, purchase, transfer, or otherwise) to efficiently
provide
[[Page 116 STAT. 1077]]
information technology resources to federal agencies and to
efficiently manage, coordinate, operate, and use those
resources.
(2) Specifically included items.--Information technology
resources provided under this section include information
processing and transmission equipment, software, systems,
operating facilities, supplies, and related services including
maintenance and repair.
(3) Cancellation costs.--Any cancellation costs incurred for a
contract entered into under subsection (e) shall be paid from
money currently available in the Fund.
(4) No fiscal year limitation.--The Fund is available without
fiscal year limitation.
(d) Charges to Agencies.--If the Director approves plans submitted by
the Administrator under subsection (b), the Administrator shall
establish rates, consistent with the approval, to be charged to agencies
for information technology resources provided through the Fund.
(e) Contract Authority.--
(1) In general.--In operating the Fund, the Administrator may
enter into multiyear contracts, not longer than 5 years, to
provide information technology hardware, software, or services
if--
(A) amounts are available and adequate to pay the
costs of the contract for the first fiscal year and any
costs of cancellation or termination;
(B) the contract is awarded on a fully competitive
basis; and
(C) the Administrator determines that--
(i) the need for the information technology
hardware, software, or services being provided
will continue over the period of the contract;
(ii) the use of the multiyear contract will
yield substantial cost savings when compared with
other methods of providing the necessary
resources; and
(iii) the method of contracting will not exclude
small business participation.
(2) Effect on other law.--This subsection does not limit the
authority of the Administrator to procure equipment and services
under sections 501-505 of this title.
(f) Transfer of Uncommitted Balance.--After the close of each fiscal
year, any uncommitted balance remaining in the Fund, after making
provision for anticipated operating needs as determined by the Office of
Management and Budget, shall be transferred to the Treasury as
miscellaneous receipts.
(g) Annual Report.--The Administrator shall report annually to the
Director on the operation of the Fund. The report must address the
inventory, use, and acquisition of information processing equipment and
identify any proposed increases to the capital of the Fund.
Sec. 323. Consumer Information Center Fund
(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--
[[Page 116 STAT. 1078]]
(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.
CHAPTER 5--PROPERTY MANAGEMENT
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.
[[Page 116 STAT. 1079]]
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.
SUBCHAPTER I--PROCUREMENT AND WAREHOUSING
Sec. 501. Services for executive agencies
(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.
[[Page 116 STAT. 1080]]
(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.
Sec. 502. Services for other entities
(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
[[Page 116 STAT. 1081]]
of the Javits-Wagner-O'Day Act (41 U.S.C. 47) to be suitable for
procurement by the Government.
Sec. 503. Exchange or sale of similar items
(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.
Sec. 504. Agency cooperation for inspection
(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.
Sec. 505. Exchange or transfer of medical supplies
(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
[[Page 116 STAT. 1082]]
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.
Sec. 506. Inventory controls and systems
(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
[[Page 116 STAT. 1083]]
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.
SUBCHAPTER II--USE OF PROPERTY
Sec. 521. Policies and methods
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.
Sec. 522. Reimbursement for transfer of excess property
(a) In General.--Subject to subsections (b) and (c) of this section,
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.
Sec. 523. Excess real property located on Indian reservations
(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
[[Page 116 STAT. 1084]]
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.
Sec. 524. Duties of executive agencies
(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.
Sec. 525. Excess personal property for federal agency grantees
(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.
[[Page 116 STAT. 1085]]
(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 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 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)).
Sec. 526. Temporary assignment of excess real property
(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.
[[Page 116 STAT. 1086]]
Sec. 527. Abandonment, destruction, or donation of property
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.
Sec. 528. Utilization of excess furniture
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.
Sec. 529. Annual executive agency reports on excess personal property
(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.
SUBCHAPTER III--DISPOSING OF PROPERTY
Sec. 541. Supervision and direction
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.
Sec. 542. Care and handling
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.
Sec. 543. Method of disposition
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.
[[Page 116 STAT. 1087]]
Sec. 544. Validity of transfer instruments
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.
Sec. 545. Procedure for disposal
(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;
[[Page 116 STAT. 1088]]
(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
[[Page 116 STAT. 1089]]
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.
Sec. 546. Contractor inventories
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.
Sec. 547. Agricultural commodities, foods, and cotton or woolen goods
(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.
[[Page 116 STAT. 1090]]
Sec. 548. Surplus vessels
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 the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et
seq.), and other laws authorizing the sale of such vessels.
Sec. 549. Donation of personal property through state agencies
(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
[[Page 116 STAT. 1091]]
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; or
(viii) a library serving free all residents of a
community, district, State, or region.
(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
[[Page 116 STAT. 1092]]
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
[[Page 116 STAT. 1093]]
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;
[[Page 116 STAT. 1094]]
(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.
Sec. 550. Disposal of real property for certain purposes
(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
[[Page 116 STAT. 1095]]
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
[[Page 116 STAT. 1096]]
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.
[[Page 116 STAT. 1097]]
(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.
[[Page 116 STAT. 1098]]
(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.
[[Page 116 STAT. 1099]]
(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.
Sec. 551. Donations to American Red Cross
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.
Sec. 552. Abandoned or unclaimed property on Government premises
(a) Authority To Take PropertyAdministrator 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.
Sec. 553. Property for correctional facility, law enforcement, and
emergency management response purposes
(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
[[Page 116 STAT. 1100]]
(3) the Director 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.
Sec. 554. Property for development or operation of a port facility
(a) Definitions.--In this section, the following definitions apply:
(1) Base closure law.--The term ``base closure law'' 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.
(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,
[[Page 116 STAT. 1101]]
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,
[[Page 116 STAT. 1102]]
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.
Sec. 555. Donation of law enforcement canines to handlers
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.
Sec. 556. Disposal of dredge vessels
(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 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.
Sec. 557. Donation of books to Free Public Library
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.
[[Page 116 STAT. 1103]]
Sec. 558. Donation of forfeited vessels
(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.
Sec. 559. Advice of Attorney General with respect to antitrust law
(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.--
[[Page 116 STAT. 1104]]
(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.
SUBCHAPTER IV--PROCEEDS FROM SALE OR TRANSFER
Sec. 571. General rules for deposit and use of proceeds
(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.
[[Page 116 STAT. 1105]]
Sec. 572. Real property
(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.
(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 2667(h)(2) 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--
[[Page 116 STAT. 1106]]
(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.
[[Page 116 STAT. 1107]]
Sec. 573. Personal property
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 General Supply 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 General Supply Fund to the
general fund or another appropriate account in the Treasury.
Sec. 574. Other rules regarding proceeds
(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.
[[Page 116 STAT. 1108]]
(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.
SUBCHAPTER V--OPERATION OF BUILDINGS AND RELATED ACTIVITIES
Sec. 581. General authority of Administrator of General Services
(a) 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.
(b) Personnel and Equipment.--The Administrator 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;
(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; and
(3) furnish arms and ammunition for the protection force the
Administration maintains.
(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--
[[Page 116 STAT. 1109]]
(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
[[Page 116 STAT. 1110]]
(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.
Sec. 582. Management of buildings by Administrator of General Services
(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.
[[Page 116 STAT. 1111]]
(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.
Sec. 583. Construction of buildings
(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.
[[Page 116 STAT. 1112]]
(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.
Sec. 584. Assignment and reassignment of space
(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.
Sec. 585. Lease agreements
(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
[[Page 116 STAT. 1113]]
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.
Sec. 586. Charges for space and services
(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.
Sec. 587. Telecommuting and other alternative workplace arrangements
(a) Definition.--In this section, the term ``telecommuting centers''
means flexiplace work telecommuting centers.
(b) Telecommuting Centers Established by Administrator of General
Services.--
[[Page 116 STAT. 1114]]
(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.
[[Page 116 STAT. 1115]]
(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.
Sec. 588. Movement and supply of office furniture
(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
[[Page 116 STAT. 1116]]
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.
Sec. 589. Installation, repair, and replacement of sidewalks
(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.
Sec. 590. Child care
(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
[[Page 116 STAT. 1117]]
(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
[[Page 116 STAT. 1118]]
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 General Accounting
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.
Sec. 591. Purchase of electricity
(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 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.
Sec. 592. Federal Buildings Fund
(a) Existence.--There is in the Treasury a fund known as the Federal
Buildings Fund.
[[Page 116 STAT. 1119]]
(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).
[[Page 116 STAT. 1120]]
(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.
Sec. 593. Protection for veterans preference employees
(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.).
[[Page 116 STAT. 1121]]
(b) In General.--Except as provided in subsection (c), amounts made
available to the 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.
SUBCHAPTER VI--MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
Sec. 601. Purposes
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.
Sec. 602. Authority to establish motor vehicle pools and transportation
systems
(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.
[[Page 116 STAT. 1122]]
(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.
Sec. 603. Process for establishing motor vehicle pools and
transportation systems
(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.
Sec. 604. Treatment of assets taken over to establish motor vehicle
pools and transportation systems
(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
[[Page 116 STAT. 1123]]
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 General Supply 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 General Supply 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.
Sec. 605. Payment of costs
(a) Use of General Supply Fund To Cover Costs.--The General Supply
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)(1) of this title, the
increment may be retained as a part of the capital of the
General Supply 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.
Sec. 606. Regulations related to operation
(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.
[[Page 116 STAT. 1124]]
Sec. 607. Records
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.
Sec. 608. Scrip, tokens, tickets
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.
Sec. 609. Identification of vehicles
(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.
Sec. 610. Discontinuance of motor vehicle pool or system
(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.
Sec. 611. Duty to report violations
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) or, if appropriate, referral
to the Attorney General for prosecution under section 641.
[[Page 116 STAT. 1125]]
CHAPTER 7--FOREIGN EXCESS PROPERTY
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.
Sec. 701. Administrative
(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.
[[Page 116 STAT. 1126]]
Sec. 702. Return of foreign excess property to United States
(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.
Sec. 703. Donation of medical supplies for use in foreign country
(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).
Sec. 704. Other methods of disposal
(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,
[[Page 116 STAT. 1127]]
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.
Sec. 705. Handling of proceeds from disposal
(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.
CHAPTER 9--URBAN LAND USE
Sec.
901. Purpose and policy.
902. Definitions.
903. Acquisition and use.
904. Disposal.
905. Waiver.
Sec. 901. Purpose and policy
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
[[Page 116 STAT. 1128]]
and land use practices and with the planning and development objectives
of local governments and planning agencies.
Sec. 902. Definitions
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.
Sec. 903. Acquisition and use
(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.
Sec. 904. Disposal
(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--
[[Page 116 STAT. 1129]]
(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.
Sec. 905. Waiver
The procedures prescribed in sections 903 and 904 of this title may be
waived during a period of national emergency proclaimed by the
President.
CHAPTER 11--SELECTION OF ARCHITECTS AND ENGINEERS
Sec.
1101. Policy.
1102. Definitions.
1103. Selection procedure.
1104. Negotiation of contract.
Sec. 1101. Policy
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.
Sec. 1102. Definitions
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,
[[Page 116 STAT. 1130]]
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.
Sec. 1103. Selection procedure
(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.
Sec. 1104. Negotiation of contract
(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
[[Page 116 STAT. 1131]]
select additional firms in order of their competence and qualification
and continue negotiations in accordance with this section until an
agreement is reached.
CHAPTER 13--PUBLIC PROPERTY
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. Special police.
Sec. 1301. Charge of property transferred to the Federal Government
(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.
Sec. 1302. Lease of buildings
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.
Sec. 1303. Disposition of surplus real property
(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.
[[Page 116 STAT. 1132]]
(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
[[Page 116 STAT. 1133]]
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.
Sec. 1304. Transfer of federal property to States
(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.
[[Page 116 STAT. 1134]]
(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.
Sec. 1305. Disposition of land acquired by devise
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.
Sec. 1306. Disposition of abandoned or forfeited personal property
(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
[[Page 116 STAT. 1135]]
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).
[[Page 116 STAT. 1136]]
(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.
[[Page 116 STAT. 1137]]
Sec. 1307. Disposition of securities
The President, or an officer, agent, or agency the President may
designate, may dispose of any securities acquired on behalf of the
Federal Government under the provisions of the Transportation Act of
1920 (ch. 91, 41 Stat. 456), including any securities acquired as an
incident to a case under title 11, under a receivership or
reorganization proceeding, by assignment, transfer, substitution, or
issuance, or by acquisition of collateral given for the payment
of obligations to the Government, or may make arrangements for the
extension of the maturity of the securities, in the manner, in amounts,
at prices, for cash, securities, or other property or any combination of
cash, securities, or other property, and on terms and conditions the
President or designee considers advisable and in the public interest.
Sec. 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and title III of
the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
251 et seq.), horses and mules belonging to the Federal Government that
have become unfit for service may be destroyed or put out to pasture,
either on pastures belonging to the Government or those belonging to
financially sound and 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.
Sec. 1309. Preservation, sale, or collection of wrecked, abandoned, or
derelict property
The Administrator of General Services may make contracts and
provisions for the preservation, sale, or collection of property, or the
proceeds of property, which may have been wrecked, been abandoned, or
become derelict, if the Administrator considers the contracts and
provisions to be in the interest of the Federal 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.
Sec. 1310. Sale of war supplies, land, and buildings
(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
[[Page 116 STAT. 1138]]
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.
Sec. 1311. Authority of President to obtain release
For the use or benefit of the Federal Government, the President may
obtain from an individual or officer to whom land has been or will be
conveyed a release of the individual's or officer's interest to the
Government.
Sec. 1312. Release of real estate in certain cases
(a) In General.--Real estate that has become the property of the
Federal Government in payment of a debt which afterward is fully paid in
money and received by the Government may be conveyed by the
Administrator of General Services to the debtor from whom it was taken
or to the heirs or devisees of the debtor or the person that they may
appoint.
(b) Nonapplication.--This section does not apply to real estate the
Government acquires in payment of any debt arising under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.).
Sec. 1313. Releasing property from attachment
(a) Stipulation of Discharge.--
(1) Person asserting claim entitled to benefits.--In a
judicial proceeding under the laws of a State, district,
territory, or possession of the United States, when property
owned or held by the Federal Government, or in which the
Government has or claims an interest, is seized, arrested,
attached, or held for the security or satisfaction of a claim
made against the property, the Attorney General may direct the
United States Attorney for the district in which the property is
located to enter a stipulation that on discharge of the property
from the seizure, arrest, attachment, or proceeding, the person
asserting the claim against the property becomes entitled to all
the benefits of this section.
(2) Nonapplication.--This subsection does not--
(A) recognize or concede any right to enforce by
seizure, arrest, attachment, or any judicial process a
claim against property--
(i) of the Government; or
(ii) held, owned, or employed by the Government,
or by a department of the Government, for a public
use; or
(B) waive an objection to a proceeding brought to
enforce the claim.
(b) Payment.--After a discharge, a final judgment which affirms the
claim for the security or satisfaction and the right of the person
asserting the claim to enforce it against the property, notwithstanding
the claims of the Government, is deemed to be a
[[Page 116 STAT. 1139]]
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.
Sec. 1314. Easements
(a) Definitions.--In this section--
(1) Executive agency.--The term ``executive agency'' means an
executive department or independent establishment in the
executive branch of the Federal Government, including a wholly
owned Government corporation.
(2) Real property of the government.--The term ``real property
of the Government'' excludes--
(A) public land (including minerals, vegetative, and
other resources) in the United States, including--
(i) land reserved or dedicated for national
forest 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.
[[Page 116 STAT. 1140]]
(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.
Sec. 1315. Special police
(a) Appointment.--The Administrator of General Services, or an
official of the General Services Administration authorized by the
Administrator, may appoint uniformed guards of the 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
[[Page 116 STAT. 1141]]
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.
SUBTITLE II--PUBLIC BUILDINGS AND WORKS
PART A--GENERAL
Chapter Sec.
GENERAL 3101
ACQUISITION, CONSTRUCTION, AND ALTERATION 3301
NON-FEDERAL PUBLIC WORKS 3501
CONTRACT WORK HOURS AND SAFETY STANDARDS 3701
PART B--UNITED STATES CAPITOL
UNITED STATES CAPITOL BUILDINGS AND GROUNDS 5101
PART C--FEDERAL BUILDING COMPLEXES
UNITED STATES SUPREME COURT BUILDING AND GROUNDS 6101
SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND 6301
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
[[Page 116 STAT. 1142]]
THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING 6581
PENNSYLVANIA AVENUE DEVELOPMENT 6701
UNION STATION REDEVELOPMENT 6901
PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA
ADMINISTRATIVE 8101
WASHINGTON METROPOLITAN REGION DEVELOPMENT 8301
NATIONAL CAPITAL SERVICE AREA AND DIRECTOR 8501
PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION 8701
NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS 8901
COMMISSION OF FINE ARTS 9101
THEODORE ROOSEVELT ISLAND 9301
WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE 9501
DISTRICT OF COLUMBIA
PART A--GENERAL
CHAPTER 31--GENERAL
SUBCHAPTER I--OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS
Sec.
3101. Public buildings under control of Administrator of General
Services.
3102. Naming or designating buildings.
3103. Admission of guide dogs or other service animals accompanying
individuals with disabilities.
3104. Furniture for new buildings.
3105. Buildings not to be draped in mourning.
SUBCHAPTER II--ACQUIRING LAND
3111. Approval of sufficiency of title prior to acquisition.
3112. Federal jurisdiction.
3113. Acquisition by condemnation.
3114. Declaration of taking.
3115. Irrevocable commitment of Federal Government to pay ultimate
award when fixed.
3116. Interest as part of just compensation.
3117. Exclusion of certain property by stipulation of Attorney General.
3118. Right of taking as addition to existing rights.
SUBCHAPTER III--BONDS
3131. Bonds of contractors of public buildings or works.
3132. Alternatives to payment bonds provided by Federal Acquisition
Regulation.
3133. Rights of persons furnishing labor or material.
3134. Waivers for certain contracts.
SUBCHAPTER IV--WAGE RATE REQUIREMENTS
3141. Definitions.
3142. Rate of wages for laborers and mechanics.
3143. Termination of work on failure to pay agreed wages.
3144. Authority of Comptroller General to pay wages and list
contractors violating contracts.
3145. Regulations governing contractors and subcontractors.
3146. Effect on other federal laws.
3147. Suspension of this subchapter during a national emergency.
3148. Application of this subchapter to certain contracts.
SUBCHAPTER V--VOLUNTEER SERVICES
3161. Purpose.
3162. Waiver for individuals who perform volunteer services.
SUBCHAPTER VI--MISCELLANEOUS
3171. Contract authority when appropriation is for less than full
amount.
3172. Extension of state workers' compensation laws to buildings,
works, and property of the Federal Government.
3173. Working capital fund for blueprinting, photostating, and
duplicating services in General Services Administration.
[[Page 116 STAT. 1143]]
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.
SUBCHAPTER I--OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS
Sec. 3101. Public buildings under control of Administrator of General
Services
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.
Sec. 3102. Naming or designating buildings
The Administrator of General Services may name or otherwise designate
any building under the custody and control of the General Services
Administration, regardless of whether it was previously named by
statute.
Sec. 3103. Admission of guide dogs or other service animals accompanying
individuals with disabilities
(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.
Sec. 3104. Furniture for new buildings
Furniture for all new public buildings shall be acquired in accordance
with plans and specifications approved by the Administrator of General
Services.
Sec. 3105. Buildings not to be draped in mourning
No building owned, or used for public purposes, by the Federal
Government shall be draped in mourning nor may public money be used for
that purpose.
[[Page 116 STAT. 1144]]
SUBCHAPTER II--ACQUIRING LAND
Sec. 3111. Approval of sufficiency of title prior to acquisition
(a) Approval of Attorney General Required.--Public money may not be
expended to purchase land or any interest in land unless the Attorney
General gives prior written approval of the sufficiency of the title to
the land for the purpose for which the Federal Government is acquiring
the property.
(b) Delegation.--
(1) In general.--The Attorney General may delegate the
responsibility under this section to other departments and
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.
Sec. 3112. Federal jurisdiction
(a) Exclusive Jurisdiction Not Required.--It is not required that the
Federal Government obtain exclusive jurisdiction in the United States
over land or an interest in land it acquires.
(b) Acquisition and Acceptance of Jurisdiction.--When the head of a
department, agency, or independent establishment of the Government, or
other authorized officer of the department, agency, or independent
establishment, considers it desirable, that individual may accept or
secure, from the State in which land or an interest in land that is
under the immediate jurisdiction, custody, or control of the individual
is situated, consent to, or cession of, any jurisdiction over the land
or interest not previously obtained. The individual shall indicate
acceptance of jurisdiction on behalf of the Government by filing a
notice of acceptance with the Governor of the State or in another manner
prescribed by the laws of the State where the land is situated.
(c) Presumption.--It is conclusively presumed that jurisdiction has
not been accepted until the Government accepts jurisdiction over land as
provided in this section.
Sec. 3113. Acquisition by condemnation
An officer of the Federal Government authorized to acquire real estate
for the erection of a public building or for other public
[[Page 116 STAT. 1145]]
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.
Sec. 3114. Declaration of taking
(a) Filing and Content.--In any proceeding in any court of the United
States outside of the District of Columbia brought by and in the name of
the United States and under the authority of the Federal Government to
acquire land, or an easement or right of way in land, for the public
use, the petitioner
may file, with the petition or at any time before judgment, a
declaration of taking signed by the authority empowered by law to
acquire the land described in the petition, declaring that the land is
taken for the use of the Government. The declaration of taking shall
contain or have annexed to it--
(1) a statement of the authority under which, and the public
use for which, the land is taken;
(2) a description of the land taken that is sufficient to
identify the land;
(3) a statement of the estate or interest in the land taken
for public use;
(4) a plan showing the land taken; and
(5) a statement of the amount of money estimated by the
acquiring authority to be just compensation for the land taken.
(b) Vesting of Title.--On filing the declaration of taking and
depositing in the court, to the use of the persons entitled to the
compensation, the amount of the estimated compensation stated in the
declaration--
(1) title to the estate or interest specified in the
declaration vests in the Government;
(2) the land is condemned and taken for the use of the
Government; and
(3) the right to just compensation for the land vests in the
persons entitled to the compensation.
(c) Compensation.--
(1) Determination and award.--Compensation shall be determined
and awarded in the proceeding and established by judgment. The
judgment shall include interest, in accordance with section 3116
of this title, on the amount finally awarded as the value of the
property as of the date of taking and shall be awarded from that
date to the date of payment. Interest shall not be allowed on as
much of the compensation as has been paid into the court.
Amounts paid into the court shall not be charged with
commissions or poundage.
(2) Order to pay.--On application of the parties in interest,
the court may order that any part of the money deposited in the
court be paid immediately for or on account of the compensation
to be awarded in the proceeding.
(3) Deficiency judgment.--If the compensation finally awarded
is more than the amount of money received by any person entitled
to compensation, the court shall enter judgment against the
Government for the amount of the deficiency.
(d) Authority of Court.--On the filing of a declaration of taking, the
court--
[[Page 116 STAT. 1146]]
(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.
Sec. 3115. Irrevocable commitment of Federal Government to pay ultimate
award when fixed
(a) Requirement for Irrevocable Commitment.--Action under section 3114
of this title irrevocably committing the Federal 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.
Sec. 3116. Interest as part of just compensation
(a) Calculation.--The district court shall calculate interest required
to be paid under this subchapter as follows:
(1) Period of not more than one year.--Where the period for
which interest is owed is not more than one year, interest shall
be calculated from the date of taking at an annual rate equal to
the weekly average one-year constant maturity Treasury yield, as
published by the Board of Governors of the Federal Reserve
System, for the calendar week preceding the date of taking.
(2) Period of more than one year.--Where the period for which
interest is owed is more than one year, interest for the first
year shall be calculated in accordance with 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).
[[Page 116 STAT. 1147]]
Sec. 3117. Exclusion of certain property by stipulation of Attorney
General
In any condemnation proceeding brought by or on behalf of the Federal
Government, the Attorney General may stipulate or agree on behalf of the
Government to exclude any part of the property, or any interest in the
property, taken by or on behalf of the Government by a declaration of
taking or otherwise.
Sec. 3118. Right of taking as addition to existing rights
The right to take possession and title in advance of final judgment in
condemnation proceedings as provided by section 3114 of this title is in
addition to any right, power, or authority conferred by the laws of the
United States or of a State, territory, or possession of the United
States under which the proceeding may be conducted, and does not
abrogate, limit, or modify that right, power, or authority.
SUBCHAPTER III--BONDS
Sec. 3131. Bonds of contractors of public buildings or works
(a) Definition.--In this subchapter, the term ``contractor'' means a
person awarded a contract described in subsection (b).
(b) Type of Bonds Required.--Before any contract of more than $100,000
is awarded for the construction, alteration, or repair of any public
building or public work of the Federal Government, a person must furnish
to the Government the following bonds, which become binding when the
contract is awarded:
(1) Performance bond.--A performance bond with a surety
satisfactory to the officer awarding the contract, and in an
amount the officer considers adequate, for the protection of the
Government.
(2) Payment bond.--A payment bond with a surety 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--
[[Page 116 STAT. 1148]]
(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).
Sec. 3132. Alternatives to payment bonds provided by Federal Acquisition
Regulation
(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.
Sec. 3133. Rights of persons furnishing labor or material
(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.
[[Page 116 STAT. 1149]]
(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) 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.
Sec. 3134. Waivers for certain contracts
(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
[[Page 116 STAT. 1150]]
sections 1535 and 1536 of title 31, the Merchant Marine Act, 1936 (46
App. U.S.C. 1101 et seq.), 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.
SUBCHAPTER IV--WAGE RATE REQUIREMENTS
Sec. 3141. Definitions
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.
Sec. 3142. Rate of wages for laborers and mechanics
(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.
[[Page 116 STAT. 1151]]
(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).
(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) but not
actually paid.
Sec. 3143. Termination of work on failure to pay agreed wages
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
[[Page 116 STAT. 1152]]
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.
Sec. 3144. Authority of Comptroller General to pay wages and list
contractors violating contracts
(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.
Sec. 3145. Regulations governing contractors and subcontractors
(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.
Sec. 3146. Effect on other federal laws
This subchapter does not supersede or impair any authority otherwise
granted by federal law to provide for the establishment of specific wage
rates.
[[Page 116 STAT. 1153]]
Sec. 3147. Suspension of this subchapter during a national emergency
The President may suspend the provisions of this subchapter during a
national emergency.
Sec. 3148. Application of this subchapter to certain contracts
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.
SUBCHAPTER V--VOLUNTEER SERVICES
Sec. 3161. Purpose
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.
Sec. 3162. Waiver for individuals who perform volunteer services
(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.
[[Page 116 STAT. 1154]]
(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.
SUBCHAPTER VI--MISCELLANEOUS
Sec. 3171. Contract authority when appropriation is for less than full
amount
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.
Sec. 3172. Extension of state workers' compensation laws to buildings,
works, and property of the Federal Government
(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
[[Page 116 STAT. 1155]]
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.
Sec. 3173. Working capital fund for blueprinting, photostating, and
duplicating services in General Services
Administration
(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.
Sec. 3174. Operation of public utility communications services serving
governmental activities
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.
Sec. 3175. Acceptance of gifts of property
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.
[[Page 116 STAT. 1156]]
Sec. 3176. Administrator of General Services to furnish services in
continental United States to international
bodies
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.
CHAPTER 33--ACQUISITION, CONSTRUCTION, AND ALTERATION
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.
Sec. 3301. Definitions and nonapplication
(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).
[[Page 116 STAT. 1157]]
(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.
[[Page 116 STAT. 1158]]
Sec. 3302. Prohibition on construction of buildings except by
Administrator of General Services
Only the Administrator of General Services may construct a public
building. The Administrator shall construct a public building in
accordance with this chapter.
Sec. 3303. Continuing investigation and survey of public buildings
(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.
Sec. 3304. Acquisition of buildings and sites
(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
[[Page 116 STAT. 1159]]
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 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.).
Sec. 3305. Construction and alteration of buildings
(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.--
[[Page 116 STAT. 1160]]
(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.
Sec. 3306. Accommodating federal agencies
(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--
[[Page 116 STAT. 1161]]
(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.
Sec. 3307. Congressional approval of proposed projects
(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;
[[Page 116 STAT. 1162]]
(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.
[[Page 116 STAT. 1163]]
(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.
Sec. 3308. Architectural or engineering services
(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.
Sec. 3309. Buildings and sites in the District of Columbia
(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
[[Page 116 STAT. 1164]]
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.
Sec. 3310. Special rules for leased buildings
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.
Sec. 3311. State administration of criminal and health and safety laws
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.
[[Page 116 STAT. 1165]]
Sec. 3312. Compliance with nationally recognized codes
(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.
[[Page 116 STAT. 1166]]
(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.
Sec. 3313. Delegation
(a) When Allowed.--Except for the authority contained in section
3305(b) of this title, 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 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.
Sec. 3314. Report to Congress
(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
[[Page 116 STAT. 1167]]
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.
Sec. 3315. Certain authority not affected
This chapter does not limit or repeal the authority conferred by law
on the United States Postal Service.
CHAPTER 35--NON-FEDERAL PUBLIC WORKS
Sec.
3501. Definitions.
3502. Planned public works.
3503. Revolving fund.
3504. Surveys of public works planning.
3505. Forgiveness of outstanding advances.
Sec. 3501. Definitions
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.
Sec. 3502. Planned public works
(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.
[[Page 116 STAT. 1168]]
(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.
Sec. 3503. Revolving fund
(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.
Sec. 3504. Surveys of public works planning
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.
Sec. 3505. Forgiveness of outstanding advances
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.
CHAPTER 37--CONTRACT WORK HOURS AND SAFETY STANDARDS
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.
[[Page 116 STAT. 1169]]
Sec. 3701. Definition and application
(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 3902.--Section 3902 of this title does not
apply to work where the assistance described in
subsection (a)(2)(C) from the Government or an agency or
instrumentality is only a loan guarantee or insurance.
Sec. 3702. Work hours
(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
[[Page 116 STAT. 1170]]
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.
Sec. 3703. Report of violations and withholding of amounts for unpaid
wages and liquidated damages
(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--
[[Page 116 STAT. 1171]]
(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.
[[Page 116 STAT. 1172]]
(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.
Sec. 3704. Health and safety standards in building trades and
construction industry
(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.
(2) Consultation.--In formulating standards under this
section, the Secretary shall consult with the Advisory Committee
created by subsection (d) of this section.
(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
[[Page 116 STAT. 1173]]
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.
[[Page 116 STAT. 1174]]
(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.
Sec. 3705. Safety programs
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.
Sec. 3706. Limitations, variations, tolerances, and exemptions
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.
Sec. 3707. Contractor certification or contract clause in acquisition of
commercial items not required
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.
Sec. 3708. Criminal penalties
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.
PART B--UNITED STATES CAPITOL
CHAPTER 51--UNITED STATES CAPITOL BUILDINGS AND GROUNDS
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.
Sec. 5101. Definition
In this chapter, the term ``Capitol Buildings'' means the United
States Capitol, the Senate and House Office Buildings and garages,
[[Page 116 STAT. 1175]]
the Capitol Power Plant, all subways and enclosed passages connecting
two or more of those structures, and the real property underlying and
enclosed by any of those structures.
Sec. 5102. Legal description and jurisdiction of United States Capitol
Grounds
(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,
[[Page 116 STAT. 1176]]
construct or alter, any utility service of the District
of Columbia Government.
Sec. 5103. Restrictions on public use of United States Capitol Grounds
Public travel in, and occupancy of, the United States Capitol Grounds
is restricted to the roads, walks, and places prepared for that purpose.
Sec. 5104. Unlawful activities
(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) 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,
[[Page 116 STAT. 1177]]
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.
[[Page 116 STAT. 1178]]
Sec. 5105. Assistance to authorities by Capitol employees
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.
Sec. 5106. Suspension of prohibitions
(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).
Sec. 5107. Concerts on grounds
Sections 5102, 5103, 5104(b)-(f), 5105, 5105, 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.
Sec. 5108. Audit of private organizations
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.
Sec. 5109. Penalties
(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
[[Page 116 STAT. 1179]]
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.
PART C--FEDERAL BUILDING COMPLEXES
CHAPTER 61--UNITED STATES SUPREME COURT BUILDING AND GROUNDS
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.
[[Page 116 STAT. 1180]]
SUBCHAPTER I--GENERAL
Sec. 6101. Definitions and application
(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.
Sec. 6102. Regulations
(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.
SUBCHAPTER II--BUILDINGS AND GROUNDS
Sec. 6111. Supreme Court Building
(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.
[[Page 116 STAT. 1181]]
(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.
Sec. 6112. Supreme Court Building and grounds employees
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.
Sec. 6113. Duties of the Superintendent of the Supreme Court Building
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.
Sec. 6114. Oliver Wendell Holmes Garden
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.
[[Page 116 STAT. 1182]]
SUBCHAPTER III--POLICING AUTHORITY
Sec. 6121. General
(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, 2004.
Sec. 6122. Designation of members of the Supreme Court Police
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.
Sec. 6123. Authority of Metropolitan Police of the District of Columbia
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.
SUBCHAPTER IV--PROHIBITIONS AND PENALTIES
Sec. 6131. Public travel in Supreme Court grounds
Public travel in, and occupancy of, the Supreme Court grounds is
restricted to the sidewalks and other paved surfaces.
[[Page 116 STAT. 1183]]
Sec. 6132. Sale of articles, signs, and solicitation in Supreme Court
Building and grounds
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.
Sec. 6133. Property in the Supreme Court Building and grounds
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.
Sec. 6134. Firearms, fireworks, speeches, and objectionable language in
the Supreme Court Building and grounds
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.
Sec. 6135. Parades, assemblages, and display of flags in the Supreme
Court Building and grounds
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.
Sec. 6136. Suspension of prohibitions against use of Supreme Court
grounds
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.
Sec. 6137. Penalties
(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 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),
[[Page 116 STAT. 1184]]
public property is damaged in an amount exceeding $100, the period of
imprisonment for the offense may be not more than five years.
CHAPTER 63--SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN
F. KENNEDY CENTER FOR THE PERFORMING ARTS
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.
Sec. 6301. Definition
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
[[Page 116 STAT. 1185]]
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.
Sec. 6302. Public use of grounds
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.
Sec. 6303. Unlawful activities
(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--
[[Page 116 STAT. 1186]]
(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.
Sec. 6304. Additional regulations
(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.
Sec. 6305. Suspension of regulations
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.
Sec. 6306. Policing of buildings and grounds
(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
[[Page 116 STAT. 1187]]
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.
Sec. 6307. Penalties
(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.
CHAPTER 65--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
Sec.
6581. 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.
[[Page 116 STAT. 1188]]
Sec. 6501. Definition
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.
Sec. 6502. Thurgood Marshall Federal Judiciary Building
(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
[[Page 116 STAT. 1189]]
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.
Sec. 6503. Commission for the Judiciary Office Building
(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.
Sec. 6504. Lease of building
(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.
[[Page 116 STAT. 1190]]
(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.
Sec. 6505. Structural and mechanical care and security
(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.
Sec. 6506. Allocation of space
(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
[[Page 116 STAT. 1191]]
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 space in the Building to meet
the needs of the judicial branch.
(d) Lease by Architect.--
(1) Authority to lease.--Subject to approval by the Committees
on Appropriations of the House of Representatives and the
Senate, the House Office Building Commission, and the Committee
on Rules and Administration of the Senate, the Architect may
lease and occupy not more than 75,000 square feet of space in
the Building.
(2) Payments.--Payments under the lease shall be made on
vouchers the Architect approves. Necessary amounts may be
appropriated--
[[Page 116 STAT. 1192]]
(A) to the Architect to carry out this subsection,
including amounts for acquiring and installing furniture
and furnishings; and
(B) to the Sergeant at Arms of the Senate to plan for,
acquire, and install telecommunications equipment and
services for the Architect with respect to space leased
under this subsection.
(e) Subleased Space.--
(1) Rental rate.--Space subleased by the Architect under
subsection (a)(3) is subject to reimbursement at a rate which is
comparable to prevailing rental rates for similar facilities in
the area but not less than the rate established under section
6504(b)(2) of this title plus an amount the Architect and the
person subleasing the space agree is necessary to pay each year
for the cost of administering the Building (including the cost
of operation, maintenance, rehabilitation, security, and
structural, mechanical, and domestic care) that is attributable
to the space.
(2) Limitation.--A sublease under subsection (a)(3) must be
compatible with the dignity and functions of the judicial branch
offices housed in the Building and must not unduly interfere
with the activities and operations of the judicial branch
agencies housed in the Building. Sections 5104(c) and 5108 of
this title do not apply to any space in the Building and other
improvements subleased to a non-Government tenant under
subsection (a)(3).
(3) Collection of rent.--The Architect shall collect rent for
space subleased under subsection (a)(3).
(f) Deposit of Rent and Reimbursements.--Amounts received under
subsection (a)(3) (including lease payments and reimbursements) shall be
deposited in the account described in section 6507 of this title.
Sec. 6507. Account in Treasury
(a) Establishment and Contents of Separate Account.--There is a
separate account in the Treasury. The account includes all amounts
deposited in the account under section 6506(f) of this title and amounts
appropriated to the account. However, the appropriated amounts may not
be more than $2,000,000.
(b) Use of Amounts.--Amounts in the account are available to the
Architect of the Capitol--
(1) for paying expenses for structural, mechanical, and
domestic care, maintenance, operation, and utilities of the
Thurgood Marshall Federal Judiciary Building and other
improvements constructed under this chapter;
(2) for reimbursing the United States Capitol Police for
expenses incurred in providing exterior security for the
Building and other improvements;
(3) for making lease payments under section 6504 of this
title; and
(4) for necessary personnel (including consultants).
CHAPTER 67--PENNSYLVANIA AVENUE DEVELOPMENT
SUBCHAPTER I--TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES, TITLE, AND
INTERESTS
Sec.
[[Page 116 STAT. 1193]]
6701. Transfer of rights and authorities of Pennsylvania Avenue
Development Corporation.
6702. Transfer and assignment of rights, title, and interests in
property.
SUBCHAPTER II--PENNSYLVANIA AVENUE DEVELOPMENT
6711. Definition.
6712. Powers of other agencies and instrumentalities in the development
area.
6713. Certification of new construction.
6714. Relocation services.
6715. Coordination with District of Columbia.
6716. Reports.
SUBCHAPTER III--FEDERAL TRIANGLE DEVELOPMENT
6731. Definitions.
6732. Federal Triangle development area.
6733. Federal Triangle property.
6734. Ronald Reagan Building and International Trade Center.
SUBCHAPTER I--TRANSFER AND ASSIGMENT OF RIGHTS, AUTHORITIES, TITLE, AND
INTERESTS
Sec. 6701. Transfer of rights and authorities of Pennsylvania Avenue
Development Corporation
(a) In General.--The Administrator of General Services--
(1) may make and perform transactions with an agency or
instrumentality of the Federal Government, a State, the District
of Columbia, or any person as necessary to carry out the trade
center plan at the Federal Triangle Project; and
(2) has all the rights and authorities of the former
Pennsylvania Avenue Development Corporation with regard to
property transferred from the Corporation to the General
Services Administration in fiscal year 1996.
(b) Use of Amounts and Income.--
(1) Activities associated with transferred responsibilities.--
The Administrator may use amounts transferred from the
Corporation or income earned on Corporation property for
activities associated with carrying out the responsibilities of
the Corporation transferred to the Administrator. Any income
earned after October 1, 1998, shall be deposited to the Federal
Buildings Fund to be available for the purposes authorized under
this subchapter, notwithstanding section 592(c)(1) of this
title.
(2) Excess amounts or income.--Any amounts or income the
Administrator considers excess to the amount needed to fulfill
the
responsibilities of the Corporation transferred to the Administrator
shall be applied to any outstanding debt the Corporation incurred when
acquiring real estate, except debt associated with the Ronald Reagan
Building and International Trade Center.
(c) Payment to District of Columbia.--With respect to real property
transferred from the Corporation to the Administrator under section 6702
of this title, the Administrator shall pay to the District of Columbia
government, in the same way as previously paid by the Corporation, an
amount equal to the amount of real property tax which would have been
payable to the government beginning on the date the Corporation acquired
the real property if legal title to the property had been held by a
private citizen on that date and during all periods to which that date
relates.
[[Page 116 STAT. 1194]]
Sec. 6702. Transfer and assignment of rights, title, and interests in
property
(a) In General.--
(1) Leases, covenants, agreements, and easements.--As provided
in this section, the General Services Administration, the
National Capital Planning Commission, and the National Park
Service have the rights, title, and interest of the Pennsylvania
Avenue Development Corporation in and to all leases, covenants,
agreements, and easements the Corporation executed before April
1, 1996, in carrying out its powers and duties under the
Pennsylvania Avenue Development Corporation Act of 1972 (Public
Law 92-578, 86 Stat. 1266) and the Federal Triangle Development
Act (Public Law 100-113, 101 Stat. 735).
(2) Property.--The Administration has the rights, title, and
interest of the Corporation in and to all property held in the
name of the Corporation, except as provided in subsection (c).
(b) General Services Administration.--
(1) Responsibilities.--The responsibilities of the Corporation
transferred to the Administration under subsection (a) include--
(A) the collection of revenue owed the Federal
Government as a result of real estate sales or lease
agreements made by the Corporation and private parties,
including--
(i) the Willard Hotel property on Square 225;
(ii) the Gallery Row project on Square 457;
(iii) the Lansburgh's project on Square 431; and
(iv) the Market Square North project on Square
407;
(B) the collection of sale or lease revenue owed the
Government from the sale or lease before April 1, 1996,
of two undeveloped sites owned by the Corporation on
Squares 457 and 406;
(C) the application of collected revenue to repay
Treasury debt the Corporation incurred when acquiring
real estate;
(D) performing financial audits for projects in which
the Corporation has actual or potential revenue
expectation, as identified in subparagraphs (A) and (B),
in accordance with procedures described in applicable
sale or lease agreements;
(E) the disposition of real estate properties which
are or become available for sale and lease or other
uses;
(F) payment of benefits in accordance with the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (42 U.S.C. 4601 et seq.) to which
persons in the project area squares are entitled as a
result of the Corporation's acquisition of real estate;
and
(G) carrying out the responsibilities of the
Corporation under subchapter III and the Federal
Triangle Development Act (Public Law 100-113, 101 Stat.
735), including responsibilities for managing assets and
liabilities of the Corporation under subchapter III and
the Act.
(2) Powers.--In carrying out the responsibilities of the
Corporation transferred under this section, the Administrator of
General Services may--
[[Page 116 STAT. 1195]]
(A) acquire land, improvements, and property by
purchase, lease or exchange, and sell, lease, or
otherwise dispose of any property, as necessary to
complete the development plan developed under section 5
of the Pennsylvania Avenue Development Corporation Act
of 1972 (Public Law 92-578, 86 Stat. 1269) if a notice
of intention to carry out the acquisition or disposal is
first transmitted to the Committee on Transportation and
Infrastructure and the Committee on Appropriations of
the House of Representatives and the Committee on
Environment and Public Works and the Committee on
Appropriations of the Senate and at least 60 days elapse
after the date of the transmission;
(B) modify the plan referred to in subparagraph (A) if
the modification is first transmitted to the Committee
on Transportation and Infrastructure and the Committee
on Appropriations of the House of Representatives and
the Committee on Environment and Public Works and the
Committee on Appropriations of the Senate and at least
60 days elapse after the date of the transmission;
(C) maintain any existing Corporation insurance
programs;
(D) make and perform transactions with an agency or
instrumentality of the Federal Government, a State, the
District of Columbia, or any person as necessary to
carry out the responsibilities of the Corporation under
subchapter III and the Federal Triangle Development Act
(Public Law 100-113, 101 Stat. 735);
(E) request the Council of the District of Columbia to
close any alleys necessary for the completion of
development in Square 457; and
(F) use all of the amount transferred from the
Corporation or income earned on Corporation property to
complete any pending development projects.
(c) National Park Service.--
(1) Property.--The National Park Service has the right, title,
and interest in and to the property located in the Pennsylvania
Avenue National Historic Site, including the parks, plazas,
sidewalks, special lighting, trees, sculpture, and memorials,
depicted on a map entitled ``Pennsylvania Avenue National
Historic Park'', dated June 1, 1995, and numbered 840-82441. The
map shall be on file and available for public inspection in the
offices of the Service.
(2) Responsibilities.--The Service is responsible for
management, administration, maintenance, law enforcement,
visitor services, resource protection, interpretation, and
historic preservation at the Site.
(3) Special events, festivals, concerts, or programs.--The
Service may--
(A) make transactions with an agency or
instrumentality of the Government, a State, the District
of Columbia, or any person as considered necessary or
appropriate for the conduct of special events,
festivals, concerts, or other art and cultural programs
at the Site; or
(B) establish a nonprofit foundation to solicit
amounts for those activities.
(4) Jurisdiction of district of columbia.--Jurisdiction of
Pennsylvania Avenue and all other roadways from curb to
[[Page 116 STAT. 1196]]
curb remains with the District of Columbia but vendors are not
permitted to occupy street space except during temporary special
events.
(d) National Capital Planning Commission.--The National Capital
Planning Commission is responsible for ensuring that development in the
Pennsylvania Avenue area is carried out in accordance with the
Pennsylvania Avenue Development Corporation Plan--1974.
SUBCHAPTER II--PENNSYLVANIA AVENUE DEVELOPMENT
Sec. 6711. Definition
In this subchapter, the term ``development area'' means the area to be
developed, maintained, and used in accordance with this subchapter and
the
Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92-
578, 86 Stat. 1266) and is the area bounded as follows:
Beginning at a point on the southwest corner of the
intersection of Fifteenth Street and E Street Northwest;
thence proceeding east along the southern side of E Street to
the southwest corner of the intersection of Thirteenth Street
and Pennsylvania Avenue Northwest;
thence southeast along the southern side of Pennsylvania
Avenue to a point being the southeast corner of the intersection
of Pennsylvania Avenue and Third Street Northwest;
thence north along the eastern side of Third Street to the
northeast corner of the intersection of C Street and Third
Street Northwest;
thence west along the northern side of C Street to the
northeast corner of the intersection of C Street and Sixth
Street Northwest;
thence north along the eastern side of Sixth Street to the
northeast corner of the intersection of E Street and Sixth
Street Northwest;
thence west along the northern side of E Street to the
northeast corner of the intersection of E Street and Seventh
Street Northwest;
thence north along the eastern side of Seventh Street to the
northeast corner of the intersection of Seventh Street and F
Street Northwest;
thence west along the northern side of F Street to the
northwest corner of the intersection of F Street and Ninth
Street Northwest;
thence south along the western side of Ninth Street to the
northwest corner of the intersection of Ninth Street and E
Street Northwest;
thence west along the northern side of E Street to the
northeast corner of the intersection of E Street and Thirteenth
Street Northwest;
thence north along the eastern side of Thirteenth Street to
the northeast corner of the intersection of F Street and
Thirteenth Street Northwest;
thence west along the northern side of F Street to the
northwest corner of the intersection of F Street and Fifteenth
Street Northwest;
[[Page 116 STAT. 1197]]
thence north along the western side of Fifteenth Street to the
northwest corner of the intersection of Pennsylvania Avenue and
Fifteenth Street Northwest;
thence west along the southern side of Pennsylvania Avenue to
the southeast corner of the intersection of Pennsylvania Avenue
and East Executive Avenue Northwest;
thence south along the eastern side of East Executive Avenue
to the intersection of South Executive Place and E Street
Northwest;
thence east along the southern side of E Street to the point
of beginning.
Sec. 6712. Powers of other agencies and instrumentalities in the
development area
This subchapter and the Pennsylvania Avenue Development Corporation
Act of 1972 (Public Law 92-578, 86 Stat. 1266) do not preclude other
agencies or instrumentalities of the Federal Government or of the
District of Columbia from exercising any lawful powers in the
development area consistent with the development plan described in
section 5(a) of the Act (86 Stat. 1269) or the provisions and purposes
of this subchapter and the Act. However, the agency or instrumentality
shall not release, modify, or depart from any feature or detail of the
development plan without the prior approval of the Administrator of
General Services.
Sec. 6713. Certification of new construction
New construction (including substantial remodeling, conversion,
rebuilding, enlargement, extension, or major structural improvement of
existing building, but not including ordinary maintenance or remodeling
or changes necessary to continue occupancy) shall not be authorized or
conducted within the development area except on prior certification by
the Administrator of General Services that the construction is, or may
reasonably be expected to be, consistent with the carrying out of the
development plan described in section 5(a) of the Pennsylvania Avenue
Development Corporation Act of 1972 (Public Law 92-578, 86 Stat. 1269).
Sec. 6714. Relocation services
(a) Use of District of Columbia Government.--The Administrator of
General Services may use the services of the District of Columbia
government in the administration of a relocation program pursuant to the
Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the
government for the cost of the services.
(b) Coordination of Relocation Programs.--All relocation services
performed by or on behalf of the Administrator shall be coordinated with
the District of Columbia's central relocation programs.
(c) Preferential Rights of Displaced Owners and Tenants.--An owner or
tenant of real property whose residence or business is terminated as a
result of acquisitions made pursuant to this subchapter or the
Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92-
578, 86 Stat. 1266) shall be granted a preferential right to lease or
purchase from the Administrator similar real property as may become
available for a similar use.
[[Page 116 STAT. 1198]]
The preferential right is limited to the parties in interest and is not
transferable or assignable.
Sec. 6715. Coordination with District of Columbia
(a) Local Needs, Initiative, and Participation.--In carrying out the
purposes of this subchapter and the Pennsylvania Avenue Development
Corporation Act of 1972 (Public Law 92-578, 86 Stat. 1266), the
Administrator of General Services shall--
(1) consult and cooperate with District of Columbia officials
and community leaders at the earliest practicable time;
(2) give primary consideration to local needs and desires and
to local and regional goals and policies as expressed in urban
renewal, community renewal, and comprehensive land use plans and
regional plans; and
(3) foster local initiative and participation in connection
with the planning and development of projects.
(b) Compliance With Local Requirements.--To the extent the
Administrator constructs, rehabilitates, alters, or improves any project
under this subchapter, the Administrator shall comply with all District
of Columbia laws, ordinances, codes, and regulations. Section 8722(d) of
this title applies to all construction, rehabilitation, alteration, and
improvement of all buildings by the Administrator under this subchapter.
Construction, rehabilitation, alteration, and improvement of any project
by non-Federal Government sources is subject to the District of Columbia
Official Code and zoning regulations.
Sec. 6716. Reports
(a) Reports to President and Congress.--The Administrator of General
Services shall transmit comprehensive and detailed reports of the
Administrator's operations, activities, and accomplishments under this
subchapter to the President and Congress. The Administrator shall
transmit a report to the President each January and to the President and
Congress at other times that the Administrator considers desirable.
(b) Protection and Enhancement of Significant Historic and
Architectural Values.--A report under subsection (a) shall include a
detailed discussion of the actions the Administrator has taken in the
reporting period to protect and enhance the significant historic and
architectural values of structures within the boundaries of the
Administrator's jurisdiction under this subchapter and shall indicate
similar actions the Administrator plans to take and issues the
Administrator anticipates dealing with during the upcoming fiscal year
related to historic and architectural preservation. The report shall
indicate the degree to which public concern has been considered and
incorporated into decisions the Administrator made relative to historic
and architectural preservation.
SUBCHAPTER III--FEDERAL TRIANGLE DEVELOPMENT
Sec. 6731. Definitions
In this subchapter--
(1) Federal triangle development area.--The term ``Federal
Triangle development area'' means the area bounded as follows:
[[Page 116 STAT. 1199]]
Beginning at a point on the southwest corner of the
intersection of Fourteenth Street and Pennsylvania
Avenue (formerly E Street), Northwest;
thence south along the western side of Fourteenth
Street to the northwest corner of the intersection of
Fourteenth Street and Constitution Avenue, Northwest;
thence east along the northern side of Constitution
Avenue to the northeast corner of the intersection of
Twelfth Street and Constitution Avenue, Northwest;
thence north along the eastern side of Twelfth Street
and Constitution Avenue, Northwest;
thence north along the eastern side of Twelfth Street
to the southeast corner of the intersection of Twelfth
Street and Pennsylvania Avenue, Northwest;
thence west along the southern side of Pennsylvania
Avenue to the point of beginning.
(2) Federal triangle property.--The term ``Federal Triangle
property'' means--
(A) the property owned by the Federal Government in
the District of Columbia, known as the ``Great Plaza''
site, which consists of squares 256, 257, 258, parts of
squares 259 and 260, and adjacent closed rights-of-way
as shown on plate IV of the King Plats of 1803 located
in the Office of the Surveyor of the District of
Columbia; and
(B) except for purposes of section 6733(a) of this
title, any property the Pennsylvania Avenue Development
Corporation acquired under section 3(b) of the Federal
Triangle Development Act (Public Law 100-113, 101 Stat.
736).
Sec. 6732. Federal Triangle development area
The Federal Triangle development area is deemed to be part of the
development area described in section 6711 of this title. The
Administrator of General Services has the same authority over the
Federal Triangle development area as over the development area described
in section 6711.
Sec. 6733. Federal Triangle property
(a) Title.--Title to the Federal Triangle property reverts to the
Administrator of General Services not later than the date on which
ownership of the Ronald Reagan Building and International Trade Center
vests in the Federal Government.
(b) Nonapplicability of Certain Laws.--
(1) Building permits and inspection.--For purposes of
development of the Federal Triangle property, the person
selected to develop the property is not subject to any state or
local law relating to building permits and inspection.
(2) Taxes and assessments.--The property and improvements to
the property are not subject to real and personal property
taxation or to special assessments.
Sec. 6734. Ronald Reagan Building and International Trade Center
(a) Establishment and Designation.--The building constructed on the
Federal Triangle property shall be known and designated as the Ronald
Reagan Building and International Trade Center.
(b) Title.--The person selected to develop the Federal Triangle
property may own the Building for not more than 35 years from
[[Page 116 STAT. 1200]]
the date construction of the Building began. The title to the Building
shall be in the Administrator of General Services from the date title to
the Federal Triangle property reverts to the Administrator.
(c) Limitations.--
(1) Size of building.--The Building (including parking
facilities) may not exceed 3,100,000 gross square feet in size.
(2) Height of building.--The height of the Building shall be
compatible with the height of surrounding Federal Government
buildings.
(3) Design.--The Building shall--
(A) be designed in harmony with historical and
Government buildings in the vicinity;
(B) reflect the symbolic importance and historic
character of Pennsylvania Avenue and the Nation's
Capital; and
(C) represent the dignity and stability of the
Government.
(d) Construction Standards.--The Building shall meet all standards
applicable to construction of a federal building.
(e) Accounting System.--The Administrator shall maintain an accounting
system for operation and maintenance of the Building which will allow
accurate projections of the dates and cost of major repairs,
improvements, reconstructions, and replacements of the Building and
other capital expenditures on the Building. The Administrator shall act
as necessary to ensure that amounts are available to cover the projected
cost and expenditures.
(f) Lease of Building.--
(1) Lease agreement.--Under an agreement with the person
selected to construct the Ronald Reagan Building and
International Trade Center, the Administrator shall lease the
Building for federal office space and the international cultural
and trade center space.
(2) Minimum requirements of lease agreement.--The agreement
includes at a minimum the following:
(A) Limit on length of lease.--The Administrator will
lease the Building for the period of time that the
person selected to construct the Building owns the
Building.
(B) Rental rate.--The rental rate per square foot of
occupiable space for all space in the Building will be
in the best interest of the Government and will carry
out the objectives of this subchapter and the Federal
Triangle Development Act (Public Law 100-113, 101 Stat.
735). The aggregate rental rate for all space in the
Building shall produce an amount at least equal to the
amount necessary to amortize the cost of development of
the Federal Triangle property over the life of the
lease.
(C) Obligation of amounts.--Obligation of amounts from
the Federal Building Fund shall only be made on an
annual basis to meet lease payments.
(3) Authorization to obligate amounts.--Amounts may be
obligated as described in paragraph (2)(C).
CHAPTER 69--UNION STATION REDEVELOPMENT
SUBCHAPTER I--UNION STATION COMPLEX
Sec.
6901. Definition.
6902. Assignment of right, title, and interest in the Union Station
complex to the Secretary of Transportation.
6903. Agreements and contracts.
[[Page 116 STAT. 1201]]
6904. Acquisition, maintenance, and use of property.
6905. Service on board of directors of Union Station Redevelopment
Corporation.
6906. Union Station Fund.
6907. Use of other appropriated amounts.
6908. Parking facility.
6909. Supplying steam or chilled water to Union Station complex.
6910. Authorization of appropriations.
SUBCHAPTER II--NATIONAL VISITOR FACILITIES ADVISORY COMMISSION
6921. Establishment, composition, and meetings.
6922. Duties.
6923. Compensation and expenses.
6924. Reports and recommendations.
SUBCHAPTER I--UNION STATION COMPLEX
Sec. 6901. Definition
In this subchapter, the term ``Union Station complex'' means real
property, air rights, and improvements the Secretary of the Interior
leased under sections 101-110 of the National Visitors Center Facilities
Act of 1968 (Public
Law 90-264, 82 Stat. 43) and property acquired and improvements made in
accordance with this subchapter.
Sec. 6902. Assignment of right, title, and interest in the Union Station
complex to the Secretary of Transportation
The Secretary of Transportation has the right, title, and interest in
and to the Union Station complex, including all agreements and leases
made under sections 101-110 of the National Visitors Center Facilities
Act of 1968 (Public Law 90-264, 82 Stat. 43). To the extent the
Secretary of Transportation and the Secretary of the Interior agree, the
Secretary of the Interior may lease space for visitor services.
Sec. 6903. Agreements and contracts
The Secretary of Transportation may make agreements and contracts,
except an agreement or contract to sell property rights at the Union
Station complex, with a person, a federal, regional, or local agency, or
the Architect of the Capitol that the Secretary considers necessary or
desirable to carry out the purposes of this subchapter.
Sec. 6904. Acquisition, maintenance, and use of property
(a) Acquisition.--The Secretary of Transportation may acquire for the
Federal Government an interest in real property (including easements or
reservations) and any other property interest (including contract
rights) in or relating or adjacent to the Union Station complex that the
Secretary considers necessary to carry out the purposes of this
subchapter.
(b) Maintenance and Use.--The Secretary may maintain, use, operate,
manage, and lease, either directly, by contract, or through development
agreements, any property interest the Secretary holds or acquires for
the Government under this subchapter in the manner and subject to the
terms, conditions, covenants, and easements that the Secretary considers
necessary or desirable to carry out the purposes of this subchapter.
[[Page 116 STAT. 1202]]
Sec. 6905. Service on board of directors of Union Station Redevelopment
Corporation
To further the rehabilitation, redevelopment, and operation of the
Union Station complex, the Secretary of Transportation and the
Administrator of the Federal Railroad Administration may serve as ex
officio members of the board of directors of the Union Station
Redevelopment Corporation.
Sec. 6906. Union Station Fund
(a) Establishment.--There is a special deposit account in the Treasury
known as the ``Union Station Fund'', which shall be administered as a
revolving fund.
(b) Content.--The account shall be credited with receipts of the
Secretary of Transportation from activities authorized by this
subchapter.
(c) Use of Amounts.--The Secretary may use income and proceeds
received from activities authorized by this subchapter, including
operating and leasing income and payments made to the Federal Government
under development agreements, to pay expenses the Secretary incurs in
carrying out the purposes of this subchapter, including construction,
acquisition, leasing, operation, and maintenance expenses and payments
made to developers under development agreements.
(d) Availability of Amounts.--The balance in the account is available
in amounts specified in annual appropriation laws for making
expenditures authorized by this subchapter.
Sec. 6907. Use of other appropriated amounts
(a) Waiver of Cost Sharing Requirement.--The Secretary of
Transportation may use amounts appropriated under section 24909(a)(2)(A)
of title 49 to carry out the purposes of this subchapter.
(b) Ban on Using Amounts for Heliport.--Amounts appropriated under
section 24909 of title 49 may not be used for design, construction, or
operation of a heliport at or near Union Station.
Sec. 6908. Parking facility
(a) Title.--The Federal Government has the right, title, and interest
in and to the parking facility at Union Station.
(b) Fees.--The rate of fees charged for use of the facility may exceed
the rate required for maintenance and operation of the facility. The
rate shall be established in a manner that encourages use of the
facility by rail passengers and participants in activities in the Union
Station complex and area.
Sec. 6909. Supplying steam or chilled water to Union Station complex
The Architect of the Capitol may make agreements with the Secretary of
Transportation to furnish steam, chilled water, or both from the Capitol
Power Plant to the Union Station complex, at no expense to the
legislative branch.
Sec. 6910. Authorization of appropriations
Amounts necessary to meet lease and other obligations, including
maintenance requirements, incurred by the Secretary of the Interior and
assigned to the Secretary of Transportation under this subchapter may be
appropriated to the Secretary of Transportation.
[[Page 116 STAT. 1203]]
SUBCHAPTER II--NATIONAL VISITOR FACILITIES ADVISORY COMMISSION
Sec. 6921. Establishment, composition, and meetings
(a) Establishment.--There is a National Visitor Facilities Advisory
Commission.
(b) Composition.--
(1) Membership.--The Commission is composed of--
(A) the Secretary of the Interior;
(B) the Administrator of General Services;
(C) the Secretary of the Smithsonian Institution;
(D) the Chairman of the National Capital Planning
Commission;
(E) the Chairman of the Commission of Fine Arts;
(F) six Members of the Senate, three from each party,
to be appointed by the President of the Senate;
(G) six Members of the House of Representatives, three
from each party, to be appointed by the Speaker of the
House of Representatives; and
(H) three individuals appointed by the President, at
least two of whom shall not be officers of the Federal
Government, and one member of whom shall be a
representative of the District of Columbia government.
(2) Chairman.--The Secretary of the Interior serves as the
Chairman of the Commission.
(3) Service of non-federal members.--Non-federal members serve
at the pleasure of the President.
(c) Meetings.--The Commission shall meet at the call of the Chairman.
Sec. 6922. Duties
(a) In General.--The National Visitor Facilities Advisory Commission
shall--
(1) conduct continuing investigations and studies of sites and
plans to provide additional facilities and services for visitors
and students coming to the Nation's Capital; and
(2) advise the Secretary of the Interior and the Administrator
of General Services on the planning, construction, acquisition,
and operation of those visitor facilities.
(b) Staff and Facilities.--The Director of the National Park Service,
in consultation with the Administrator, shall provide the necessary
staff and facilities to assist the Commission in carrying out its duties
under this subchapter.
Sec. 6923. Compensation and expenses
Members of the National Visitor Facilities Advisory Commission who are
not officers or employees of the Federal Government or the government of
the District of Columbia are entitled to receive compensation under
section 3109 of title 5 and expenses under section 5703 of title 5.
Sec. 6924. Reports and recommendations
The National Visitor Facilities Advisory Commission shall report to
the Secretary of the Interior and the Administrator of General Services
the results
of its studies and investigations. A report recommending additional
facilities for visitors shall include the Commission's recommendations
as to sites for the facilities to be
[[Page 116 STAT. 1204]]
provided, preliminary plans, specifications, and architectural drawings
for the facilities, and the estimated cost of the recommended sites and
facilities.
PART D--PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA
CHAPTER 81--ADMINISTRATIVE
SUBCHAPTER I--GENERAL
Sec.
8101. Supervision of public buildings and grounds in District of
Columbia not otherwise provided for by law.
8102. Protection of Federal Government buildings in District of
Columbia.
8103. Application of District of Columbia laws to public buildings and
grounds.
8104. Regulation of private and semipublic buildings adjacent to public
buildings and grounds.
8105. Approval by Administrator of General Services.
8106. Buildings on reservations, parks, or public grounds.
8107. Advertisements and sales in or around Washington Monument.
8108. Use of public buildings for public ceremonies.
SUBCHAPTER II--JURISDICTION
8121. Improper appropriation of streets.
8122. Jurisdiction over portion of Constitution Avenue.
8123. Record of transfer of jurisdiction between Director of National
Park Service and Mayor of District of Columbia.
8124. Transfer of jurisdiction between Federal and District of Columbia
authorities.
8125. Public spaces resulting from filling of canals.
8126. Temporary occupancy of Potomac Park by Secretary of Agriculture.
8127. Part of Washington Aqueduct for playground purposes.
SUBCHAPTER III--SERVICES FOR FACILITIES
8141. Contract to rent buildings in the District of Columbia not to be
made until appropriation enacted.
8142. Rent of other buildings.
8143. Heat.
8144. Delivery of fuel for use during ensuing fiscal year.
SUBCHAPTER IV--MISCELLANEOUS
8161. Reservation of parking spaces for Members of Congress.
8162. Ailanthus trees prohibited.
8163. Use of greenhouses and nursery for trees, shrubs, and plants.
8164. E. Barrett Prettyman United States Courthouse.
8165. Services for Office of Personnel Management.
SUBCHAPTER I--GENERAL
Sec. 8101. Supervision of public buildings and grounds in District of
Columbia not otherwise provided for by law
(a) In General.--Under regulations the President prescribes, the
Administrator of General Services shall have charge of the public
buildings and grounds in the District of Columbia, except those
buildings and grounds which otherwise are provided for by law.
(b) Notice of Unlawful Occupancy.--If the Administrator, or the
officer under the direction of the Administrator who is in immediate
charge of those public buildings and grounds, decides that an individual
is unlawfully occupying any part of that public land, the Administrator
or officer in charge shall notify the United States marshal for the
District of Columbia in writing of the unlawful occupation.
[[Page 116 STAT. 1205]]
(c) Ejection of Trespasser.--The marshal shall have the trespasser
ejected from the public land and shall restore possession of the land to
the officer charged by law with the custody of the land.
Sec. 8102. Protection of Federal Government buildings in District of
Columbia
The Attorney General and the Secretary of the Treasury may prohibit--
(1) a vehicle from parking or standing on a street or roadway
adjacent to a building in the District of Columbia--
(A) at least partly owned or possessed by, or leased
to, the Federal Government; and
(B) used by law enforcement authorities subject to
their jurisdiction; and
(2) a person or entity from conducting business on property
immediately adjacent to a building described in paragraph (1).
Sec. 8103. Application of District of Columbia laws to public buildings
and grounds
(a) Application of Laws.--Laws and regulations of the District of
Columbia for the protection of public or private property and the
preservation of peace and order are extended to all public buildings and
public grounds belonging to the Federal Government in the District of
Columbia.
(b) Penalties.--A person shall be fined under title 18, imprisoned for
not more than six months, or both if the person--
(1) is guilty of disorderly and unlawful conduct in or about
those public buildings or public grounds;
(2) willfully injures the buildings or shrubs;
(3) pull downs, impairs, or otherwise injures any fence, wall,
or other enclosure;
(4) injures any sink, culvert, pipe, hydrant, cistern, lamp,
or bridge; or
(5) removes any stone, gravel, sand, or other property of the
Government, or any other part of the public grounds or lots
belonging to the Government in the District of Columbia.
Sec. 8104. Regulation of private and semipublic buildings adjacent to
public buildings and grounds
(a) Factors for Development.--In view of the provisions of the
Constitution respecting the establishment of the seat of the National
Government, the duties it imposed on Congress in connection with
establishing the seat of the National Government, and the solicitude
shown and the efforts exerted by President Washington in the planning
and development of the Capital City, the development should proceed
along the lines of good order, good taste, and with due regard to the
public interests involved, and a reasonable degree of control should be
exercised over the architecture of private or semipublic buildings
adjacent to public buildings and grounds of major importance.
(b) Submission of Application to Commission of Fine Arts.--The Mayor
of the District of Columbia shall submit to the Commission on Fine Arts
an application for a permit to erect or alter any building, a part of
which fronts or abuts on the grounds of the Capitol, the grounds of the
White House, the part of Pennsylvania Avenue extending from the Capitol
to the White House,
[[Page 116 STAT. 1206]]
Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and
Potomac Parkway, Potomac Park, or The Mall Park System and public
buildings adjacent to the System, or abuts on any street bordering any
of those grounds or parks, so far as the plans relate to height and
appearance, color, and texture of the materials of exterior
construction.
(c) Report to Mayor.--The Commission shall report promptly its
recommendations to the Mayor, including any changes the Commission
decides are necessary to prevent reasonably avoidable impairment of the
public values belonging to the public building or park. If the
Commission fails to report its approval or disapproval of a plan within
30 days, the report is deemed approved and a permit may be issued.
(d) Action by the Mayor.--The Mayor shall take action the Mayor
decides is necessary to effect reasonable compliance with the
recommendation under subsection (c).
Sec. 8105. Approval by Administrator of General Services
Subject to applicable provisions of existing law relating to the
functions in the District of Columbia of the National Capital Planning
Commission and the Commission of Fine Arts, only the Administrator of
General Services is required to approve sketches, plans, and estimates
for buildings to be constructed by the Administrator, except that the
Administrator and the United States Postal Service must approve
buildings designed for post-office purposes.
Sec. 8106. Buildings on reservations, parks, or public grounds
A building or structure shall not be erected on any reservation, park,
or public grounds of the Federal Government in the District of Columbia
without express authority of Congress.
Sec. 8107. Advertisements and sales in or around Washington Monument
Except on the written authority of the Director of the National Park
Service, advertisements of any kind shall not be displayed, and articles
of any kind shall not be sold, in or around the Washington Monument.
Sec. 8108. Use of public buildings for public ceremonies
Except as expressly authorized by law, public buildings in the
District of Columbia (other than the Capitol Building and the White
House), and the approaches to those public buildings, shall not be used
or occupied in connection with ceremonies for the inauguration of the
President or other public functions.
SUBCHAPTER II--JURISDICTION
Sec. 8121. Improper appropriation of streets
(a) Authority.--The Secretary of the Interior shall--
(1) prevent the improper appropriation or occupation of any
public street, avenue, square, or reservation in the District of
Columbia that belongs to the Federal Government;
(2) reclaim the street, avenue, square, or reservation if
unlawfully appropriated;
(3) prevent the erection of any permanent building on property
reserved to or for the use of the Government, unless plainly
authorized by law; and
[[Page 116 STAT. 1207]]
(4) report to Congress at the beginning of each session on the
Secretary's proceedings in the premises, together with a full
statement of all property described in this subsection, and how,
and by what authority, the property is occupied or claimed.
(b) Application.--This section does not interfere with the temporary
and proper occupation of any part of the property described in
subsection (a), by lawful authority, for the legitimate purposes of the
Government.
Sec. 8122. Jurisdiction over portion of Constitution Avenue
The Director of the National Park Service has jurisdiction over that
part of Constitution Avenue west of Virginia Avenue that was under the
control of the Commissioners of the District of Columbia prior to May
27, 1908.
Sec. 8123. Record of transfer of jurisdiction between Director of
National Park Service and Mayor of District of
Columbia
When in accordance with law or mutual legal agreement, spaces or
portions of public land are transferred between the jurisdiction of the
Director of the National Park Service, as established by the Act of July
1, 1898 (ch. 543, 30 Stat. 570), and the Mayor of the District of
Columbia, the letters of transfer and acceptance exchanged between them
are sufficient authority for the necessary change in the official maps
and for record when necessary.
Sec. 8124. Transfer of jurisdiction between Federal and District of
Columbia authorities
(a) Transfer of Jurisdiction.--Federal and District of Columbia
authorities administering properties in the District that are owned by
the Federal Government or by the District may transfer jurisdiction over
any part of the property among or between themselves for purposes of
administration and maintenance under conditions the parties agree on.
The National Capital Planning Commission shall recommend the transfer
before it is completed.
(b) Report to Congress.--The District authorities shall report all
transfers and agreements to Congress.
(c) Certain Laws Not Repealed.--Subsection (a) does not repeal any law
in effect on May 20, 1932, which authorized the transfer of jurisdiction
of certain land among and between federal and District authorities.
Sec. 8125. Public spaces resulting from filling of canals
The Director of the National Park Service has jurisdiction over all
public spaces resulting from the filling of canals in the original city
of Washington that were not under the jurisdiction of the Chief of
Engineers of the United States Army as of August 1, 1914, except spaces
included in the navy yard or in actual use as roadways and sidewalks and
spaces assigned by law to the District of Columbia for use as a property
yard and the location of a sewage pumping station. The spaces shall be
laid out as reservations as a part of the park system of the District of
Columbia.
Sec. 8126. Temporary occupancy of Potomac Park by Secretary of
Agriculture
(a) Not More Than 75 Acres.--The Director of the National Park Service
may allow the Secretary of Agriculture to temporarily
[[Page 116 STAT. 1208]]
occupy as a testing ground not more than 75 acres of Potomac Park not
needed in any one season for reclamation or park improvement. The
Secretary shall vacate the area at the close of any season on the
request of the Director.
(b) Continue as Public Park Under Director.--This section does not
change the essential character of the land used, which shall continue to
be a public park under the charge of the Director.
Sec. 8127. Part of Washington Aqueduct for playground purposes
(a) Jurisdiction of Mayor.--The Mayor of the District of Columbia has
possession, control, and jurisdiction of the land of the Washington
Aqueduct adjacent to the Champlain Avenue pumping station and lying
outside of the fence around the pumping station as it--
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground
purposes.
(b) Jurisdiction of Secretary of the Army Not Affected.--This section
does not affect the superintendence and control of the Secretary of the
Army over the Washington Aqueduct and the rights, appurtenances, and
fixtures connected with the Aqueduct.
SUBCHAPTER III--SERVICES FOR FACILITIES
Sec. 8141. Contract to rent buildings in the District of Columbia not to
be made until appropriation enacted
A contract shall not be made for the rent of a building, or part of a
building, to be used for the purposes of the Federal Government in the
District of Columbia until Congress enacts an appropriation for the
rent. This section is deemed to be notice to all contractors or lessors
of the building or a part of the building.
Sec. 8142. Rent of other buildings
An executive department of the Federal Government renting a building
for public use in the District of Columbia may rent a different building
instead if it is in the public interest to do so. This section does not
authorize an increase in the number of buildings in use or in the amount
paid for rent.
Sec. 8143. Heat
(a) Corcoran Gallery of Art.--The Administrator of General Services
may furnish heat from the central heating plant to the Corcoran Gallery
of Art, if the Corcoran Gallery of Art agrees to--
(1) pay for heat furnished at rates the Administrator
determines; and
(2) connect the building with the Federal Government mains in
a manner satisfactory to the Administrator.
(b) Board of Governors of the Federal Reserve System.--The
Administrator may furnish steam from the central heating plant for the
use of the Board of Governors of the Federal Reserve System on the
property which the Board acquired in squares east of 87 and east of 88
in the District of Columbia if the Board agrees to--
[[Page 116 STAT. 1209]]
(1) pay for the steam furnished at reasonable rates the
Administrator determines but that are at least equal to cost;
and
(2) provide the necessary connections with the Government
mains at its own expense and in a manner satisfactory to the
Administrator.
(c) Non-Federal Public Buildings.--The Administrator shall determine
the rates to be paid for steam furnished to the Corcoran Gallery of Art,
the Pan American Union Buildings, the American Red Cross Buildings, and
other non-federal public buildings authorized to receive steam from the
central heating plant.
Sec. 8144. Delivery of fuel for use during ensuing fiscal year
During April, May, and June of each year, the Administrator of General
Services may deliver to all branches of the Federal Government and the
government of the District of Columbia as much fuel for their use during
the following fiscal year as may be practicable to store at the points
of consumption. The branches of the Federal Government and the
government of the
District of Columbia shall pay for the fuel from their applicable
appropriations for that fiscal year.
SUBCHAPTER IV--MISCELLANEOUS
Sec. 8161. Reservation of parking spaces for Members of Congress
The Council of the District of Columbia shall designate, reserve, and
properly mark appropriate and sufficient parking spaces on the streets
adjacent to all public buildings in the District for the use of Members
of Congress engaged in public business.
Sec. 8162. Ailanthus trees prohibited
Ailanthus trees shall not be purchased for, or planted in, the public
grounds.
Sec. 8163. Use of greenhouses and nursery for trees, shrubs, and plants
The greenhouses and nursery shall be used only for the propagation of
trees, shrubs, and plants suitable for planting in the public
reservations. Only those trees, shrubs, and plants shall be planted in
the public reservations.
Sec. 8164. E. Barrett Prettyman United States Courthouse
(a) Operation, Maintenance, and Repair.--The operation, maintenance,
and repair of the E. Barrett Prettyman United States Courthouse, used by
the United States Court of Appeals for the District of Columbia and the
United States District Court for the District of Columbia, is under the
control of the Administrator of General Services.
(b) Allocation of Space.--The allocation of space in the Courthouse is
vested in the chief judge of the United States Court of Appeals for the
District of Columbia and the chief judge of the United States District
Court for the District of Columbia.
[[Page 116 STAT. 1210]]
Sec. 8165. Services for Office of Personnel Management
For carrying out the work of the Director of the Office of Personnel
Management and the examinations provided for in sections 3304 and 3305
of title 5, the Administrator of General Services shall--
(1) assign or provide suitable and convenient rooms and
accommodations, which are furnished, heated, and lighted, in
Washington, D.C.;
(2) supply necessary stationery and other articles; and
(3) arrange for or provide necessary printing.
CHAPTER 83--WASHINGTON METROPOLITAN REGION DEVELOPMENT
Sec.
8301. Definition.
8302. Necessity for coordination in the development of the Washington
metropolitan region.
8303. Declaration of policy of coordinated development and management.
8304. Priority projects.
Sec. 8301. Definition
In this chapter, the term ``Washington metropolitan region'' includes
the District of Columbia, the counties of Montgomery and Prince Georges
in Maryland, and the counties of Arlington and Fairfax and the cities of
Alexandria and Falls Church in Virginia.
Sec. 8302. Necessity for coordination in the development of the
Washington metropolitan region
Because the District of Columbia is the seat of the Federal Government
and has become the urban center of a rapidly expanding Washington
metropolitan region, the necessity for the continued and effective
performance of the functions of the Government in the District of
Columbia, the general welfare of the District of Columbia, the health
and living standards of the people residing or working in the District
of Columbia, and the conduct of industry, trade, and commerce in the
District of Columbia require that to the fullest extent possible the
development of the District of Columbia and the management of its public
affairs, and the activities of the departments, agencies, and
instrumentalities of the Government which may be carried out in, or in
relation to, the other areas of the Washington metropolitan region,
shall be coordinated with the development of those other areas and with
the management of their public affairs so that, with the cooperation and
assistance of those other areas, all of the areas in the Washington
metropolitan area shall be developed and their public affairs shall be
managed so as to contribute effectively toward the solution of the
community development problems of the Washington metropolitan region on
a unified metropolitan basis.
Sec. 8303. Declaration of policy of coordinated development and
management
The policy to be followed for the attainment of the objective
established by section 8302 of this title, and for the more effective
exercise by Congress, the executive branch of the Federal Government,
the Mayor of the District of Columbia, and all other officers, agencies,
and instrumentalities of the District of Columbia of their respective
functions, powers, and duties in respect of the Washington metropolitan
region, shall be that the functions, powers,
[[Page 116 STAT. 1211]]
and duties shall be exercised and carried out in a manner that (with
proper recognition of the sovereignty of Maryland and Virginia in
respect of those areas of the Washington metropolitan region that are
located within their respective jurisdictions) will best facilitate the
attainment of the coordinated development of the areas of the Washington
metropolitan area and the coordinated management of their public affairs
so as to contribute effectively to the solution of the community
development problems of the Washington metropolitan region on a unified
metropolitan basis.
Sec. 8304. Priority projects
In carrying out the policy pursuant to section 8303 of this title for
the attainment of the objective established by section 8302 of this
title, priority should be given to the solution, on a unified
metropolitan basis, of the problems of water supply, sewage disposal,
and water pollution and transportation.
CHAPTER 85--NATIONAL CAPITAL SERVICE AREA AND DIRECTOR
Sec.
8501. National Capital Service Area.
8502. National Capital Service Director.
Sec. 8501. National Capital Service Area
(a) Establishment.--
(1) Boundaries.--The National Capital Service Area is in the
District of Columbia and includes the principal federal
monuments, the White House, the Capitol Building, the United
States Supreme Court Building, and the federal executive,
legislative, and judicial office buildings located adjacent to
the Mall and the Capitol Building, and is more particularly
described as the area bounded as follows:
Beginning at that point on the present Virginia-
District of Columbia boundary due west of the
northernmost point of Theodore Roosevelt Island and
running due east to the eastern shore of the Potomac
River;
thence generally south along the shore at the mean
high water mark to the northwest corner of the Kennedy
Center;
thence east along the northern side of the Kennedy
Center to a point where it reaches the E Street
Expressway;
thence east on the expressway to E Street Northwest
and thence east on E Street Northwest to Eighteenth
Street Northwest;
thence south on Eighteenth Street Northwest to
Constitution Avenue Northwest;
thence east on Constitution Avenue to Seventeenth
Street Northwest;
thence north on Seventeenth Street Northwest to
Pennsylvania Avenue Northwest;
thence east on Pennsylvania Avenue to Jackson Place
Northwest;
thence north on Jackson Place to H Street Northwest;
thence east on H Street Northwest to Madison Place
Northwest;
thence south on Madison Place Northwest to
Pennsylvania Avenue Northwest;
[[Page 116 STAT. 1212]]
thence east on Pennsylvania Avenue Northwest to
Fifteenth Street Northwest;
thence south on Fifteenth Street Northwest to
Pennsylvania Avenue Northwest;
thence southeast on Pennsylvania Avenue Northwest to
John Marshall Place Northwest;
thence north on John Marshall Place Northwest to C
Street Northwest;
thence east on C Street Northwest to Third Street
Northwest;
thence north on Third Street Northwest to D Street
Northwest;
thence east on D Street Northwest to Second Street
Northwest;
thence south on Second Street Northwest to the
intersection of Constitution Avenue Northwest and
Louisiana Avenue Northwest;
thence northeast on Louisiana Avenue Northwest to
North Capitol Street;
thence north on North Capitol Street to Massachusetts
Avenue Northwest;
thence southeast on Massachusetts Avenue Northwest so
as to encompass Union Square;
thence following Union Square to F Street Northeast;
thence east on F Street Northeast to Second Street
Northeast;
thence south on Second Street Northeast to D Street
Northeast;
thence west on D Street Northeast to First Street
Northeast;
thence south on First Street Northeast to Maryland
Avenue Northeast;
thence generally north and east on Maryland Avenue to
Second Street Northeast;
thence south on Second Street Northeast to C Street
Southeast;
thence west on C Street Southeast to New Jersey Avenue
Southeast;
thence south on New Jersey Avenue Southeast to D
Street Southeast;
thence west on D Street Southeast to Canal Street
Parkway;
thence southeast on Canal Street Parkway to E Street
Southeast;
thence west on E Street Southeast to the intersection
of Washington Avenue Southwest and South Capitol Street;
thence northwest on Washington Avenue Southwest to
Second Street Southwest;
thence south on Second Street Southwest to Virginia
Avenue Southwest;
thence generally west on Virginia Avenue to Third
Street Southwest;
thence north on Third Street Southwest to C Street
Southwest;
thence west on C Street Southwest to Sixth Street
Southwest;
[[Page 116 STAT. 1213]]
thence north on Sixth Street Southwest to Independence
Avenue;
thence west on Independence Avenue to Twelfth Street
Southwest;
thence south on Twelfth Street Southwest to D Street
Southwest;
thence west on D Street Southwest to Fourteenth Street
Southwest;
thence south on Fourteenth Street Southwest to the
middle of the Washington Channel;
thence generally south and east along the mid-channel
of the Washington Channel to a point due west of the
northern boundary line of Fort Lesley McNair;
thence due east to the side of the Washington Channel;
thence following generally south and east along the
side of the Washington Channel at the mean high water
mark, to the point of confluence with the Anacostia
River, and along the northern shore at the mean high
water mark to the northern most point of the Eleventh
Street Bridge;
thence generally south and east along the northern
side of the Eleventh Street Bridge to the eastern shore
of the Anacostia River;
thence generally south and west along such shore at
the mean high water mark to the point of confluence of
the Anacostia and Potomac Rivers;
thence generally south along the eastern shore at the
mean high water mark of the Potomac River to the point
where it meets the present southeastern boundary line of
the District of Columbia;
thence south and west along such southeastern boundary
line to the point where it meets the present Virginia-
District of Columbia boundary;
thence generally north and west up the Potomac River
along the Virginia-District of Columbia boundary to the
point of beginning.
(2) Streets and sidewalks included.--Where the area in
paragraph (1) is bounded by a street, the street, and any
sidewalk of the street, are included in the area.
(3) Federal property that affronted or abutted the area deemed
to be in the area.--Federal real property that on December 24,
1973, affronted or abutted the area described in paragraph (1)
is deemed to be in the area. For the purposes of this paragraph,
federal real property affronting or abutting the area described
in paragraph (1)--
(A) is deemed to include Fort Lesley McNair, the
Washington Navy Yard, the Anacostia Naval Annex, the
United States Naval Station, Bolling Air Force Base, and
the Naval Research Laboratory; and
(B) does not include any area situated outside of the
District of Columbia boundary as it existed immediately
prior to December 24, 1973, any part of the Anacostia
Park situated east of the northern side of the Eleventh
Street Bridge, or any part of the Rock Creek Park.
(b) Applicability of Other Provisions.--
(1) Provisions covering buildings and grounds in area not
affected.--Except to the extent specifically provided by this
section, this section does not--
[[Page 116 STAT. 1214]]
(A) apply to the United States Capitol Buildings and
Grounds as defined and described in sections 5101 and
5102, any other buildings and grounds under the care of
the Architect of the Capitol, the Supreme Court Building
and grounds as described in section 6101 of this title,
and the Library of Congress buildings and grounds as
defined in section 11 of the Act of August 4, 1950 (2
U.S.C. 167j); and
(B) repeal, amend, alter, modify, or supersede--
(i) chapter 51 of this title, section 9, 9A, 9B,
9C or 14 of the Act of July 31, 1946 (ch. 707, 60
Stat. 719, 720), any other general law of the
United States, any law enacted by Congress and
applicable exclusively to the District of
Columbia, or any rule or regulation prescribed
pursuant to any of those provisions, that was in
effect on January 1, 1975, and that pertained to
those buildings and grounds; or
(ii) any authority which existed on December 24,
1973, with respect to those buildings and grounds
and was vested on January 1, 1975, in the Senate,
the House of Representatives, Congress, any
committee, commission, or board of the Senate, the
House of Representatives, or Congress, the
Architect of the Capitol or any other officer of
the legislative branch, the Chief Justice of the
United States, the Marshal of the Supreme Court,
or the Librarian of Congress.
(2) Continued application of laws, regulations, and rules.--
Except to the extent otherwise specifically provided in this
section, all general laws of the United States and all laws
enacted by the Congress and applicable exclusively to the
District of Columbia, including regulations and rules prescribed
pursuant to any of those laws, that were in
effect on January 1, 1975, and which applied to and in the areas
included in the National Capital Service Area pursuant to this section
continue to be applicable to and in the National Capital Service Area in
the same manner and to the same extent as if this section had not been
enacted and remain applicable until repealed, amended, altered,
modified, or superseded.
(c) Availability of Services and Facilities.--As far as practicable,
any service or facility authorized by the District of Columbia Home Rule
Act (Public Law 93-198, 87 Stat. 774) to be rendered or furnished
(including maintenance of streets and highways, and services under
section 1537 of title 31) shall be made available to the Senate, the
House of Representatives, Congress, any committee, commission, or board
of the Senate, the House of Representatives, or Congress, the Architect
of the Capitol, any other officer of the legislative branch who on
January 1, 1975, was vested with authority over those buildings and
grounds, the Chief Justice of the United States, the Marshal of the
Supreme Court, and the Librarian of Congress on their request. If
payment would be required for the rendition or furnishing of a similar
service or facility to any other federal agency, the recipient, on
presentation of proper vouchers and as agreed on by the parties, shall
pay for the service or facility in advance or by reimbursement.
(d) Right To Participate in Election Not Affected by Residency.--An
individual may not be denied the right to vote or
[[Page 116 STAT. 1215]]
otherwise participate in any manner in any election in the District of
Columbia solely because the individual resides in the National Capital
Service Area.
Sec. 8502. National Capital Service Director
(a) Establishment and Compensation.--There is in the Executive Office
of the President the National Capital Service Director who shall be
appointed by the President. The Director shall receive compensation at
the maximum rate established for level IV of the Executive Schedule
under section 5314 of title 5.
(b) Personnel.--The Director may appoint and fix the rate of
compensation of necessary personnel, subject to chapters 33 and 51 and
subchapter III of chapter 53 of title 5.
(c) Duties.--
(1) President.--The President, through the Director and using
District of Columbia governmental services to the extent
practicable, shall ensure that there is provided in the area
described in section 8501(a) of this title adequate fire
protection and sanitation services.
(2) Director.--Except with respect to that part of the
National Capital Service Area comprising the United States
Capitol Buildings and Grounds as defined and described in
sections 5101 and 5102, the Supreme Court Building and grounds
as described in section 6101 of this title, and the Library of
Congress buildings and grounds as defined in section 11 of the
Act of August 4, 1950 (2 U.S.C. 167j), the Director shall ensure
that there is provided in the remainder of the area described in
section 8501(a) of this title adequate police protection and
maintenance of streets and highways.
CHAPTER 87--PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
SUBCHAPTER I--GENERAL
Sec.
8701. Findings and purposes.
8702. Definitions.
SUBCHAPTER II--PLANNING AGENCIES
8711. National Capital Planning Commission.
8712. Mayor of the District of Columbia.
SUBCHAPTER III--PLANNING PROCESS
8721. Comprehensive plan for the National Capital.
8722. Proposed federal and district developments and projects.
8723. Capital improvements.
8724. Zoning regulations and maps.
8725. Recommendations on platting and subdividing land.
8726. Authorization of appropriations.
SUBCHAPTER IV--ACQUIRING AND DISPOSING OF LAND
8731. Acquiring land for park, parkway, or playground purposes.
8732. Acquiring land subject to limited rights reserved to grantor and
limited permanent rights in land adjoining park property.
8733. Lease of land acquired for park, parkway, or playground purposes.
8734. Sale of land by Mayor.
8735. Sale of land by Secretary of the Interior.
8736. Execution of deeds.
8737. Authorization of appropriations.
[[Page 116 STAT. 1216]]
SUBCHAPTER I--GENERAL
Sec. 8701. Findings and purposes
(a) Findings.--Congress finds that--
(1) the location of the seat of government in the District of
Columbia has brought about the development of a metropolitan
region extending well into adjoining territory in Maryland and
Virginia;
(2) effective comprehensive planning is necessary on a
regional basis and of continuing importance to the federal
establishment;
(3) the distribution of federal installations throughout the
region has been and will continue to be a major influence in
determining the extent and character of development;
(4) there is needed a central planning agency for the National
Capital region to coordinate certain developmental activities of
the many different agencies of the Federal and District of
Columbia Governments so that those activities may conform with
general objectives;
(5) there is an increasing mutuality of interest and
responsibility between the various levels of government that
calls for coordinate and unified policies in planning both
federal and local development in the interest of order and
economy;
(6) there are developmental problems of an interstate
character, the planning of which requires collaboration between
federal, state, and local governments in the interest of equity
and constructive action; and
(7) the instrumentalities and procedures provided in this
chapter will aid in providing Congress with information and
advice requisite to legislation.
(b) Purposes.--
(1) In general.--The purposes of this chapter (except sections
8733-8736) are--
(A) to secure comprehensive planning for the physical
development of the National Capital and its environs;
(B) to provide for the participation of the
appropriate planning agencies of the environs in the
planning; and
(C) to establish the agency and procedures requisite
to the administration of the functions of the Federal
and District Governments related to the planning.
(2) Objective.--The general objective of this chapter (except
sections 8733-8736) is to enable appropriate agencies to plan
for the development of the federal establishment at the seat of
government in a manner--
(A) consistent with the nature and function of the
National Capital and with due regard for the rights and
prerogatives of the adjoining States and local
governments to exercise control appropriate to their
functions; and
(B) which will, in accordance with present and future
needs, best promote public health, safety, morals,
order, convenience, prosperity, and the general welfare,
as well as efficiency and economy in the process of
development.
Sec. 8702. Definitions
In this chapter--
[[Page 116 STAT. 1217]]
(1) Environs.--The term ``environs'' means the territory
surrounding the District of Columbia included in the National
Capital region.
(2) National capital.--The term ``National Capital'' means the
District of Columbia and territory the Federal Government owns
in the environs.
(3) National capital region.--The term ``National Capital
region'' means--
(A) the District of Columbia;
(B) Montgomery and Prince Georges Counties in
Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William
Counties in Virginia; and
(D) all cities in Maryland or Virginia in the
geographic area bounded by the outer boundaries of the
combined area of the counties listed in subparagraphs
(B) and (C).
(4) Planning agency.--The term ``planning agency'' means any
city, county, bi-county, part-county, or regional planning
agency authorized under state and local laws to make and adopt
comprehensive plans.
SUBCHAPTER II--PLANNING AGENCIES
Sec. 8711. National Capital Planning Commission
(a) Establishment and Purpose.--The National Capital Planning
Commission is the central federal planning agency for the Federal
Government in the National Capital, created to preserve the important
historical and natural features of the National Capital, except for the
United States Capitol Buildings and Grounds (as defined and described in
sections 5101 and 5102), any extension of, or additions to, those
Buildings and Grounds, and buildings and grounds under the care of the
Architect of the Capitol.
(b) Composition.--
(1) Membership.--The National Capital Planning Commission is
composed of--
(A) ex officio, the Secretary of the Interior, the
Secretary of Defense, the Administrator of General
Services, the Mayor of the District of Columbia, the
Chairman of the Council of the District of Columbia, the
chairman of the Committee on Governmental Affairs of the
Senate, and the chairman of the Committee on Government
Reform of the House of Representatives, or an alternate
any of those individuals designates; and
(B) five citizens with experience in city or regional
planning, three of whom shall be appointed by the
President and two of whom shall be appointed by the
Mayor.
(2) Residency requirement.--The citizen members appointed by
the Mayor shall be residents of the District of Columbia. Of the
three appointed by the President, at least one shall be a
resident of Virginia and at least one shall be a resident of
Maryland.
(3) Terms.--An individual appointed by the President serves
for six years. An individual appointed by the Mayor serves for
four years. An individual appointed to fill a vacancy shall be
appointed only for the unexpired term of the individual being
replaced.
[[Page 116 STAT. 1218]]
(4) Pay and expenses.--Citizen members are entitled to $100 a
day when performing duties vested in the Commission and to
reimbursement for necessary expenses incurred in performing
those duties.
(c) Chairman and Officers.--The President shall designate the Chairman
of the National Capital Planning Commission. The Commission may elect
from among its members other officers as it considers desirable.
(d) Personnel.--The National Capital Planning Commission may employ a
Director, an executive officer, and other technical and administrative
personnel as it considers necessary. Without regard to section 3709 of
the Revised Statues (41 U.S.C. 5) and section 3109, chapters 33 and 51,
and subchapter III of chapter 53, of title 5, the Commission may employ,
by contract or otherwise, the temporary or intermittent (not more than
one year) services of city planners, architects, engineers, appraisers,
and other experts or organizations of experts, as may be necessary to
carry out its functions. The Commission shall fix the rate of
compensation so as not to exceed the rate usual for similar services.
(e) Principal Duties.--The principal duties of the National Capital
Planning Commission include--
(1) preparing, adopting, and amending a comprehensive plan for
the federal activities in the National Capital and making
related recommendations to the appropriate developmental
agencies; and
(2) serving as the central planning agency for the Government
within the National Capital region and reviewing the development
programs of the developmental agencies to advise as to
consistency with the comprehensive plan.
(f) Transfer of Other Functions, Powers, and Duties.--The National
Capital Planning Commission shall carry out all other functions, powers,
and duties of the National Capital Park and Planning Commission,
including those formerly vested in the Highway Commission established by
the Act of March 2, 1893 (ch. 197, 27 Stat. 532), and those formerly
vested in the National Capital Park Commission by the Act of June 6,
1924 (ch. 270, 43 Stat. 463).
(g) Estimate.--The National Capital Planning Commission shall submit
to the Office of Management and Budget before December 16 of each year
its estimate of the total amount to be appropriated for expenditure
under this chapter (except sections 8732-8736) during the next fiscal
year.
(h) Fees.--The National Capital Planning Commission may charge fees to
cover the full cost of Geographic Information System products and
services the Commission supplies. The fees shall be credited to the
applicable appropriation account as an offsetting collection and remain
available until expended.
Sec. 8712. Mayor of the District of Columbia
(a) Planning Responsibilities.--The Mayor of the District of Columbia
is the central planning agency for the government of the District of
Columbia in the National Capital and is responsible for coordinating the
planning activities of the District government and for preparing and
implementing the District elements of the comprehensive plan for the
National Capital, which may include land use elements, urban renewal and
redevelopment elements, a multiyear program of public works for the
District, and physical,
[[Page 116 STAT. 1219]]
social, economic, transportation, and population elements. The Mayor's
planning responsibility shall not extend to--
(1) federal or international projects and developments in the
District, as determined by the National Capital Planning
Commission; or
(2) the United States Capitol Buildings and Grounds as defined
and described in sections 5101 and 5102, any extension of, or
additions to, those Buildings and Grounds, and buildings and
grounds under the care of the Architect of the Capitol.
(b) Participation and Consultation.--In carrying out the
responsibilities under this section and section 8721 of this title, the
Mayor shall establish procedures for citizen participation in the
planning process and for appropriate meaningful consultation with any
state or local government or planning agency in the National Capital
region affected by any aspect of a comprehensive plan, including
amendments, affecting or relating to the District.
SUBCHAPTER III--PLANNING PROCESS
Sec. 8721. Comprehensive plan for the National Capital
(a) Preparation and Adoption by Commission.--The National Capital
Planning Commission shall prepare and adopt a comprehensive, consistent,
and coordinated plan for the National Capital. The plan shall include
the Commission's recommendations or proposals for federal developments
or projects in the environs and District elements of the comprehensive
plan, or amendments to the elements, adopted by the Council of the
District of Columbia and with respect to which the Commission has not
determined a negative impact exists. Those elements or amendments shall
be incorporated into the comprehensive plan without change. The
Commission may include in its plan any part of a plan adopted by any
planning agency in the environs and may make recommendations of
collateral interest to the agencies. The Commission may adopt any part
of an element. The Commission shall review and may amend or extend the
plan so that its recommendations may be kept up to date.
(b) Review by District of Columbia.--The Mayor of the District of
Columbia shall submit each District element of the comprehensive plan,
and any amendment, to the Council for revision or modification, and
adoption, by act, following public hearings. Following adoption and
prior to implementation, the Council shall submit each element or
amendment to the Commission for review and comment with regard to the
impact of the element or amendment
on the interests or functions of the federal establishment in the
National Capital.
(c) Commission Response to Council Action.--
(1) Period of review.--Within 60 days after receiving an
element or amendment from the Council, the Commission shall
certify to the Council whether the element or amendment has a
negative impact on the interests or functions of the federal
establishment in the National Capital.
(2) No negative impact.--If the Commission takes no action in
the 60-day period, the element or amendment is deemed to have no
negative impact and shall be incorporated into the comprehensive
plan for the National Capital and implemented.
(3) Negative impact.--
[[Page 116 STAT. 1220]]
(A) Certification to council.--If the Commission finds
a negative impact, it shall certify its findings and
recommendations to the Council.
(B) Response of council.--On receipt of the
Commission's findings and recommendations, the Council
may--
(i) accept the findings and recommendations and
modify the element or amendment accordingly; or
(ii) reject the findings and recommendations and
resubmit a modified form of the element or
amendment to the Commission for reconsideration.
(C) Findings and recommendations accepted.--If the
Council accepts the findings and recommendations and
modifies the element or amendment, the Council shall
submit the element or amendment to the Commission for
the Commission to determine whether the modification has
been made in accordance with the Commission's findings
and recommendations. If the Commission does not act on
the modified element or amendment within 30 days after
receiving it, the element or amendment is deemed to have
been modified in accordance with the findings and
recommendations and shall be incorporated into the
comprehensive plan for the National Capital and
implemented. If within the 30-day period the Commission
again determines the element or amendment has a negative
impact on the functions or interests of the federal
establishment in the National Capital, the element or
amendment shall not be implemented.
(D) Findings and recommendations rejected.--If the
Council rejects the findings and recommendations and
resubmits a modified element or amendment, the
Commission, within 60 days after receiving it, shall
decide whether the modified element or amendment has a
negative impact on the interests or functions of the
federal establishment within the National Capital. If
the Commission does not act within the 60-day period,
the modified element or amendment is deemed to have no
negative impact and shall be incorporated into the
comprehensive plan and implemented. If the Commission
finds a negative impact, it shall certify its findings
(in sufficient detail that the Council can understand
the basis of the objection of the Commission) and
recommendations to the Council and the element or
amendment shall not be implemented.
(d) Resubmission Deemed New Element or Amendment.--Any element or
amendment which the Commission has determined has a negative impact on
the federal establishment in the National Capital which is submitted
again in a modified form not less than one year from the day it was last
rejected by the Commission is deemed to be a new element or amendment
for purposes of the review procedure specified in this section.
(e) Review, Hearings, and Citizen Advisory Councils.--
(1) Review.--Before the comprehensive plan, any element of the
plan, or any revision is adopted, the Commission shall present
the plan, element, or revision to the appropriate federal or
District of Columbia authorities for comment and
recommendations. The Commission may present the proposed
revisions annually in a consolidated form. Recommendations by
federal and District of Columbia authorities are not binding
[[Page 116 STAT. 1221]]
on the Commission, but the Commission shall give careful
consideration to any views and recommendations submitted prior
to final adoption.
(2) Hearings and citizen advisory councils.--The Commission--
(A) may provide periodic opportunity for review and
comments by nongovernmental agencies or groups through
public hearings, meetings, or conferences, exhibitions,
and publication of its plans; and
(B) in consultation with the Council, may encourage
the formation of citizen advisory councils.
(f) Extension of Time Limitations.--On request of the Commission, the
Council may grant an extension of any time limitation contained in this
section.
(g) Publishing Comprehensive Plan.--As appropriate, the Commission and
the Mayor jointly shall publish a comprehensive plan for the National
Capital, consisting of the elements of the comprehensive plan for the
federal activities in the National Capital developed by the Commission
and the District elements developed by the Mayor and the Council in
accordance with this section.
(h) Procedures for Consultation.--
(1) Commission and mayor.--The Commission and the Mayor
jointly shall establish procedures for appropriate meaningful
continuing consultation throughout the planning process for the
National Capital.
(2) Government agencies.--In order that the National Capital
may be developed in accordance with the comprehensive plan, the
Commission, with the consent of each agency concerned as to its
representation, may establish advisory and coordinating
committees composed of representatives of agencies of the
Federal and District of Columbia Governments as may be necessary
or helpful to obtain the maximum amount of cooperation and
correlation of effort among the various agencies. As it
considers appropriate, the Commission may invite representatives
of the planning and developmental agencies of the environs to
participate in the work of the committees.
Sec. 8722. Proposed federal and district developments and projects
(a) Agencies To Use Commission as Central Planning Agency.--Agencies
of the Federal Government responsible for public developments and
projects shall cooperate and correlate their efforts by using the
National Capital Planning Commission as the central planning agency for
federal activities in the National Capital region. To aid the Commission
in carrying out this function, federal and District of Columbia
governmental agencies on request of the Commission shall furnish plans,
data, and records the Commission requires. The Commission on request
shall furnish related plans, data, and records to federal and District
of Columbia governmental agencies.
(b) Consultation Between Agencies and Commission.--
(1) Before construction plans prepared.--To ensure the
comprehensive planning and orderly development of the National
Capital, a federal or District of Columbia agency, before
preparing construction plans the agency originates for proposed
developments and projects or before making a commitment to
acquire land, to be paid for at least in part from
[[Page 116 STAT. 1222]]
federal or District amounts, shall advise and consult with the
Commission as the agency prepares plans and programs in
preliminary and successive stages that affect the plan and
development of the National Capital. After receiving the plans,
maps, and data, the Commission promptly shall make a preliminary
report and recommendations to the agency. If the agency, after
considering the report and recommendations of the Commission,
does not agree, it shall advise the Commission and provide the
reasons why it does not agree. The Commission then shall
submit a final report. After consultation and suitable consideration of
the views of the Commission, the agency may proceed to take action in
accordance with its legal responsibilities and authority.
(2) Exceptions.--
(A) In general.--Paragraph (1) does not apply to
projects within the Capitol grounds or to structures
erected by the Department of Defense during wartime or
national emergency within existing military, naval, or
Air Force reservations, except that the appropriate
defense agency shall consult with the Commission as to
any developments which materially affect traffic or
require coordinated planning of the surrounding area.
(B) Advance decisions of commission.--The Commission
shall determine in advance the type or kinds of plans,
developments, projects, improvements, or acquisitions
which do not need to be submitted for review by the
Commission as to conformity with its plans.
(c) Additional Procedure for Developments and Projects Within
Environs.--
(1) Submission to commission.--Within the environs, general
plans showing the location, character, and extent of, and
intensity of use for, proposed federal and District developments
and projects involving the acquisition of land shall be
submitted to the Commission for report and recommendations
before a final commitment to the acquisition is made, unless the
matter specifically has been approved by law.
(2) Commission action.--Before acting on any general plan, the
Commission shall advise and consult with the appropriate
planning agency having jurisdiction over the affected part of
the environs. When the Commission decides that proposed
developments or projects submitted to the Commission under
subsection (b) involve a major change in the character or
intensity of an existing use in the environs, the Commission
shall advise and consult with the planning agency. The report
and recommendations shall be submitted within 60 days and shall
be accompanied by any reports or recommendations of the planning
agency.
(3) Working with state or local authority or agency.--In
carrying out its planning functions with respect to federal
developments or projects in the environs, the Commission may
work with, and make agreements with, any state or local
authority or planning agency as the Commission considers
necessary to have a plan or proposal adopted and carried out.
(d) Approval of Federal Public Buildings.--The provisions of the Act
of June 20, 1938 (ch. 534, 52 Stat. 802) shall not apply to federal
public buildings. In order to ensure the orderly development of the
National Capital, the location, height, bulk,
[[Page 116 STAT. 1223]]
number of stories, and size of federal public buildings in the District
of Columbia and the provision for open space in and around federal
public buildings in the District of Columbia is subject to the approval
of the Commission.
(e) Approval of District Government Buildings in Central Area.--
Subsection (d) is extended to include public buildings erected by any
agency of the Government of the District of Columbia in the central area
of the District (as defined by concurrent action of the Commission and
the Council of the District of Columbia), except that the Commission
shall transmit its approval or disapproval within 30 days after the day
the proposal was submitted to the Commission.
Sec. 8723. Capital improvements
(a) Six-Year Program of Public Works Projects.--The National Capital
Planning Commission shall recommend a six-year program of public works
projects for the Federal Government which the Commission shall review
annually with the agencies concerned. Each federal agency shall submit
to the Commission in the first quarter of each fiscal year a copy of its
advance program of capital improvements within the National Capital and
its environs.
(b) Submission of Multiyear Capital Improvement Plan.--By February 1
of each year, the Mayor of the District of Columbia shall submit to the
Commission a copy of the multiyear capital improvements plan for the
District of Columbia that the Mayor develops under section 444 of the
District of Columbia Home Rule Act (Public Law 93-198, 87 Stat. 800).
The Commission has 30 days in which to comment on the plan but may not
change or disapprove of the plan.
Sec. 8724. Zoning regulations and maps
(a) Amendments of Zoning Regulations and Maps.--The National Capital
Planning Commission may make a report and recommendation to the Zoning
Commission of the District of Columbia, as provided in section 5 of the
Act of June 20, 1938 (ch. 534, 52 Stat. 798), on the relation,
conformity, or consistency of proposed amendments of the zoning
regulations and maps with the comprehensive plan for the National
Capital. The Planning Commission may also submit to the Zoning
Commission proposed amendments or general revisions to the zoning
regulations or the zoning map for the District of Columbia.
(b) Additional Report by Planning Commission.--When requested by an
authorized representative of the Planning Commission, the Zoning
Commission may recess for a reasonable period of time any public hearing
it is holding to consider a proposed amendment to the zoning regulations
or map so that the Planning Commission may have an opportunity to
present to the Zoning Commission an additional report on the proposed
amendment.
(c) Zoning Committee of National Capital Planning Commission.--
(1) Establishment and composition.--There is a Zoning
Committee of the National Capital Planning Commission. The
Committee consists of at least three members of the Planning
Commission the Planning Commission designates for that purpose.
The number of members serving on the Committee may vary.
[[Page 116 STAT. 1224]]
(2) Duties.--The Committee shall carry out the functions
vested in the Planning Commission under this section and section
8725 of this title--
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and
approved by the Planning Commission.
Sec. 8725. Recommendations on platting and subdividing land
(a) By Council of the District of Columbia.--The Council of the
District of Columbia shall submit any proposed change in, or addition
to, the regulations or general orders regulating the platting and
subdividing of lands and grounds in the District of Columbia to the
National Capital Planning Commission for report and recommendation
before the Council adopts the change or addition. The Council shall
advise the Commission when it does not agree with the recommendations of
the Commission and shall give the reasons why it disagrees. The
Commission then shall submit a final report within 30 days. After
considering the final report, the Council may act in accordance with its
legal responsibilities and authority.
(b) By Planning Commission.--The Commission shall submit to the
Council any proposed change in, or amendment to, the general orders that
the Commission considers appropriate. The Council shall treat the
amendments proposed in the same manner as other proposed amendments.
Sec. 8726. Authorization of appropriations
Amounts necessary to carry out this subchapter may be appropriated
from money in the Treasury not otherwise appropriated and from any
appropriate appropriation law, except the annual District of Columbia
Appropriation Act.
SUBCHAPTER IV--ACQUIRING AND DISPOSING OF LAND
Sec. 8731. Acquiring land for park, parkway, or playground purposes
(a) Authority To Acquire Land.--The National Capitol Planning
Commission shall acquire land the Planning Commission believes is
necessary and desirable in the District of Columbia and adjacent areas
in Maryland and Virginia for suitable development of the National
Capital park, parkway, and
playground system. The acquisition must be within the limits of the
appropriations made for those purposes. The Planning Commission shall
request the advice of the Commission of Fine Arts in selecting land to
be acquired.
(b) How Land May Be Acquired.--
(1) Purchase or condemnation proceeding.--The National Capital
Planning Commission may buy land when the land can be acquired
at a price the Planning Commission considers reasonable or by a
condemnation proceeding when the land cannot be bought at a
reasonable price.
(2) Land in the district of columbia.--A condemnation
proceeding to acquire land in the District of Columbia shall be
conducted in accordance with section 1 of the Act of December
23, 1963 (Public Law 88-241, 77 Stat. 571).
[[Page 116 STAT. 1225]]
(3) Land in maryland or virginia.--The Planning Commission may
acquire land in Maryland or Virginia under arrangements agreed
to by the Commission and the proper officials of Maryland or
Virginia.
(c) Control of Land.--
(1) Land in the district of columbia.--Land acquired in the
District of Columbia shall be a part of the park system of the
District of Columbia and be under the control of the Director of
the National Park Service. The National Capital Planning
Commission may assign areas suitable for playground purposes to
the control of the Mayor of the District of Columbia for
playground purposes.
(2) Land in maryland or virginia.--Land acquired in Maryland
or Virginia shall be controlled as determined by agreement
between the Planning Commission and the proper officials of
Maryland or Virginia.
(d) Presidential Approval Required.--The designation of all land to be
acquired by condemnation, all contracts to purchase land, and all
agreements between the National Capital Planning Commission and the
officials of Maryland and Virginia are subject to the approval of the
President.
Sec. 8732. Acquiring land subject to limited rights reserved to grantor
and limited permanent rights in land adjoining
park property
(a) In General.--The National Capital Planning Commission in
accordance with this chapter may acquire, for and on behalf of the
Federal Government, by gift, devise, purchase, or condemnation--
(1) fee title to land subject to limited rights, but not for
business purposes, reserved to the grantor; and
(2) permanent rights in land adjoining park property
sufficient to prevent the use of the land in certain specified
ways which would essentially impair the value of the park
property for its purposes.
(b) Prerequisites to Acquisition.--
(1) Fee title to land subject to limited rights.--The
reservation of rights to the grantor shall not continue beyond
the life of the grantor of the fee. The Commission must decide
that the permanent public park purposes for which control over
the land is needed are not essentially impaired by the reserved
rights and that there is a substantial saving in cost by
acquiring the land subject to the limited rights as compared
with the cost of acquiring unencumbered title to the land.
(2) Permanent rights in land adjoining park property.--The
Commission must decide that the protection and maintenance of
the essential public values of the park can be secured more
economically by acquiring the permanent rights than by acquiring
the land.
(c) Presidential Approval Required.--All contracts to acquire land or
rights under this section are subject to the approval of the President.
Sec. 8733. Lease of land acquired for park, parkway, or playground
purposes
The Secretary of the Interior may lease, for not more than five years,
land or an existing building or structure on land acquired
[[Page 116 STAT. 1226]]
for park, parkway, or playground purposes, and may renew the lease for
an additional five years. A lease or renewal under this section is--
(1) subject to the approval of the National Capital Planning
Commission;
(2) subject to the need for the immediate use of the land,
building, or structure in other ways by the public; and
(3) on terms the Administrator decides.
Sec. 8734. Sale of land by Mayor
(a) Authority To Sell.--With the approval of the National Capital
Planning Commission, the Mayor of the District of Columbia, for the best
interests of the District of Columbia, may sell to the highest bidder at
public or private sale real estate in the District of Columbia owned in
fee simple by the District of Columbia for municipal use that the
Council of the District of Columbia and the Commission find to be no
longer required for public purposes.
(b) Paying Expenses and Depositing Proceeds.--The Mayor--
(1) may pay the reasonable and necessary expenses of the sale
of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the
Treasury to the credit of the District of Columbia.
Sec. 8735. Sale of land by Secretary of the Interior
(a) Authority To Sell.--With the approval of the National Capital
Planning Commission, the Secretary of the Interior, for the best
interests of the Federal Government, may sell, by deed or instrument,
real estate held by the Government in the District of Columbia and under
the jurisdiction of the National Park Service which may be no longer
needed for public purposes. The land may be sold for cash or on a
deferred-payment plan the Secretary approves, at a price not less than
the Government paid for it and not less than its present appraised value
as determined by the Secretary.
(b) Sale to Highest Bidder.--In selling any parcel of land under this
section, the Secretary shall have public or private solicitation for
bids or offers be made as the Secretary considers appropriate. The
Secretary shall sell the parcel to the party agreeing to pay the highest
price if the price is otherwise satisfactory. If the price offered or
bid by the owner of land abutting the land to be sold equals the highest
price offered or bid by any other party, the parcel may be sold to the
owner of the abutting land.
(c) Paying Expenses and Depositing Proceeds.--The Secretary--
(1) may pay the reasonable and necessary expenses of the sale
of each parcel of land sold; and
(2) shall deposit the net proceeds of each sale in the
Treasury to the credit of the Government and the District of
Columbia in the proportion that each--
(A) paid the appropriations used to acquire the
parcels; or
(B) was obligated to pay the appropriations, at the
time of acquisition, by reimbursement.
[[Page 116 STAT. 1227]]
Sec. 8736. Execution of deeds
The Mayor of the District of Columbia may execute deeds of conveyance
for real estate sold under this subchapter. The deeds shall contain a
full description of the land sold as required by law.
Sec. 8737. Authorization of appropriations
An amount equal to not more than one cent for each inhabitant of the
continental United States as determined by the last preceding decennial
census may be appropriated each year in the District of Columbia
Appropriation Act for the National Capital Planning Commission to use
for the payment of its expenses and for the acquisition of land the
Commission may acquire under section 8731 of this title for the purposes
named, including compensation for the land, surveys, ascertainment of
title, condemnation proceedings, and necessary conveyancing. The
appropriated amounts shall be paid from the revenues of the District of
Columbia and the general amounts of the Treasury in the same proportion
as other expenses of the District of Columbia.
CHAPTER 89--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
Sec.
8901. Purposes.
8902. Definitions and nonapplication.
8903. Congressional authorization of commemorative works.
8904. National Capital Memorial Commission.
8905. Site and design approval.
8906. Criteria for issuance of construction permit.
8907. Temporary site designation.
8908. Areas I and II.
8909. Administrative.
Sec. 8901. Purposes
The purposes of this chapter are--
(1) to preserve the integrity of the comprehensive design of
the L'Enfant and McMillan plans for the Nation's Capital;
(2) to ensure the continued public use and enjoyment of open
space in the District of Columbia;
(3) to preserve, protect and maintain the limited amount of
open space available to residents of, and visitors to, the
Nation's Capital; and
(4) to ensure that future commemorative works in areas
administered by the National Park Service and the Administrator
of General Services in the District of Columbia and its
environs--
(A) are appropriately designed, constructed, and
located; and
(B) reflect a consensus of the lasting national
significance of the subjects involved.
Sec. 8902. Definitions and nonapplication
(a) Definitions.--In this chapter, the following definitions apply:
(1) Commemorative work.--The term ``commemorative work''--
(A) means any statue, monument, sculpture, memorial,
plaque, inscription, or other structure or landscape
feature, including a garden or memorial grove, designed
to perpetuate in a permanent manner the memory of an
individual,
[[Page 116 STAT. 1228]]
group, event or other significant element of American
history; but
(B) does not include an item described in subclause
(A) that is located within the interior of a structure
or a structure which is primarily used for other
purposes.
(2) Person.--The term ``person'' means--
(A) a public agency; and
(B) an individual, group or organization--
(i) described in section 501(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C.
501(c)(3)) and exempt from tax under section
501(a) of the Code (26 U.S.C. 501(a)); and
(ii) authorized by Congress to establish a
commemorative work in the District of Columbia and
its environs.
(3) The district of columbia and its environs.--The term ``the
District of Columbia and its environs'' means land and property
located in Areas I and II as depicted on the map numbered 869/
86581, and dated May 1, 1986, that the National Park Service and
the Administrator of General Services administer.
(b) Nonapplication.--This chapter does not apply to commemorative
works authorized by a law enacted before January 3, 1985.
Sec. 8903. Congressional authorization of commemorative works
(a) In General.--Commemorative works--
(1) may be established on federal lands referred to in section
8901(4) of this title only as specifically authorized by law;
and
(2) are subject to applicable provisions of this chapter.
(b) Military Commemorative Works.--A military commemorative work may
be authorized only to commemorate a war or similar major military
conflict or a branch of the armed forces. A commemorative work
commemorating a lesser conflict or a unit of an armed force may not be
authorized. Commemorative works to a war or similar major military
conflict may not be authorized until at least 10 years after the
officially designated end of the event.
(c) Works Commemorating Events, Individuals, or Groups.--A
commemorative work commemorating an event, individual, or group of
individuals, except a military commemorative work as described in
subsection (b), may not be authorized until after the 25th anniversary
of the event, death of the individual, or death of the last surviving
member of the group.
(d) Consultation With National Capital Memorial Commission.--In
considering legislation authorizing commemorative works in the District
of Columbia and its environs, the Committee on House Administration of
the House of Representatives and the Committee on Energy and Natural
Resources of the Senate shall solicit the views of the National Capital
Memorial Commission.
(e) Expiration of Legislative Authority.--Legislative authority for a
commemorative work expires at the end of the seven-year period beginning
on the date the authority is enacted unless the Secretary of the
Interior or Administrator of General Services, as appropriate, has
issued a construction permit for the commemorative work during that
period.
[[Page 116 STAT. 1229]]
Sec. 8904. National Capital Memorial Commission
(a) Establishment and Composition.--There is a National Capital
Memorial Commission. The membership of the Commission consists of--
(1) the Director of the National Park Service;
(2) the Architect of the Capitol;
(3) the Chairman of the American Battle Monuments Commission;
(4) the Chairman of the Commission of Fine Arts;
(5) the Chairman of the National Capital Planning Commission;
(6) the Mayor of the District of Columbia;
(7) the Commissioner of the Public Buildings Service of the
General Services Administration; and
(8) the Secretary of Defense.
(b) Chairman.--The Director is the Chairman of the National Capital
Memorial Commission.
(c) Advisory Role.--The National Capital Memorial Commission shall
advise the Secretary of the Interior and the Administrator of General
Services on policy and procedures for establishment of, and proposals to
establish, commemorative works in the District of Columbia and its
environs and on other matters concerning commemorative works in the
Nation's Capital as the Commission considers appropriate.
(d) Meetings.--The National Capital Memorial Commission shall meet at
least twice annually.
Sec. 8905. Site and design approval
(a) Consultation on, and Submission of, Proposals.--A person
authorized by law to establish a commemorative work in the District of
Columbia and its environs may request a permit for construction of the
commemorative work only after the following requirements are met:
(1) Consultation.--The person must consult with the National
Capital Memorial Commission regarding the selection of
alternative sites and designs for the commemorative work.
(2) Submittal.--Following consultation in accordance with
clause (1), the Secretary of the Interior or the Administrator
of General Services, as appropriate, must submit, on behalf of
the person, site and design proposals to the Commission of Fine
Arts and the National Capital Planning Commission for their
approval.
(b) Decision Criteria.--In considering site and design proposals, the
Commission of Fine Arts, National Capital Planning Commission,
Secretary, and Administrator shall be guided by, but not limited by, the
following criteria:
(1) Surroundings.--To the maximum extent possible, a
commemorative work shall be located in surroundings that are
relevant to the subject of the work.
(2) Location.--A commemorative work shall be located so that--
(A) it does not interfere with, or encroach on, an
existing commemorative work; and
(B) to the maximum extent practicable, it protects
open space and existing public use.
(3) Material.--A commemorative work shall be constructed of
durable material suitable to the outdoor environment.
[[Page 116 STAT. 1230]]
(4) Landscape features.--Landscape features of commemorative
works shall be compatible with the climate.
Sec. 8906. Criteria for issuance of construction permit
(a) Criteria for Issuing Permit.--Before issuing a permit for the
construction of a commemorative work in the District of Columbia and its
environs, the Secretary of the Interior or Administrator of General
Services, as appropriate, shall determine that--
(1) the site and design have been approved by the Secretary or
Administrator, the National Capital Planning Commission and the
Commission of Fine Arts;
(2) knowledgeable individuals qualified in the field of
preservation and maintenance have been consulted to determine
structural soundness and durability of the commemorative work
and to ensure that the commemorative work meets high
professional standards;
(3) the person authorized to construct the commemorative work
has submitted contract documents for construction of the
commemorative work to the Secretary or Administrator; and
(4) the person authorized to construct the commemorative work
has available sufficient amounts to complete construction of the
project.
(b) Donation for Perpetual Maintenance and Preservation.--
(1) Amount.--In addition to the criteria described in
subsection (a), a construction permit may not be issued unless
the person authorized to construct the commemorative work has
donated an amount equal to 10 percent of the total estimated
cost of construction to offset the costs of perpetual
maintenance and preservation of the commemorative work. The
amounts shall be credited to a separate account in the Treasury.
(2) Availability.--The Secretary of the Treasury shall make
any part of the donated amount available to the Secretary of the
Interior or Administrator for maintenance at the request of the
Secretary of the Interior or Administrator. The Secretary of the
Interior or Administrator shall not request more from the
separate account than the total amount deposited by persons
establishing commemorative works in areas the Secretary of the
Interior or Administrator administers.
(3) Inventory of available amounts.--The Secretary of the
Interior and Administrator shall maintain an inventory of
amounts available under this subsection. The amounts are not
subject to annual appropriations.
(4) Nonapplicability.--This subsection does not apply when a
department or agency of the Federal Government constructs the
work and less than 50 percent of the funding for the work is
provided by private sources.
(c) Suspension for Misrepresentation in Fundraising.--The Secretary of
the Interior or Administrator may suspend any activity under this
chapter that relates to the establishment of a commemorative work if the
Secretary or Administrator determines that fundraising efforts relating
to the work have misrepresented an affiliation with the work or the
Federal Government.
[[Page 116 STAT. 1231]]
(d) Annual Report.--The person authorized to construct a commemorative
work under this chapter must submit to the Secretary of the Interior or
Administrator an annual report of operations, including financial
statements audited by an independent certified public accountant. The
person shall pay for the report.
Sec. 8907. Temporary site designation
(a) Criterion for Designation.--If the Secretary of the Interior, in
consultation with the National Capital Memorial Commission, determines
that a site where commemorative works may be displayed on a temporary
basis is necessary to aid in the preservation of the limited amount of
open space available to residents of, and visitors to, the Nation's
Capital, a site may be designated on land the Secretary administers in
the District of Columbia.
(b) Plan.--A designation may be made under subsection (a) only if, at
least 120 days before the designation, the Secretary, in consultation
with the Commission, prepares and submits to Congress a plan for the
site. The plan shall include specifications for the location,
construction, and administration of the site and criteria for displaying
commemorative works at the site.
(c) Risk and Agreement To Indemnify.--A commemorative work displayed
at the site shall be installed, maintained, and removed at the sole
expense and risk of the person authorized to display the work. The
person shall agree to indemnify the United States for any liability
arising from the display of the commemorative work under this section.
Sec. 8908. Areas I and II
(a) Availability of Map.--The Secretary of the Interior and
Administrator of General Services shall make available, for public
inspection at appropriate offices of the National Park Service and the
General Services Administration, the map numbered 869/86581, and dated
May 1, 1986.
(b) Specific Conditions Applicable to Area I and Area II.--
(1) Area i.--After seeking the advice of the National Capital
Memorial Commission, the Secretary or Administrator, as
appropriate, may recommend the location of a commemorative work
in Area I only if the Secretary or Administrator decides that
the subject of the commemorative work is of preeminent
historical and lasting significance to the United States. The
Secretary or Administrator shall notify the Commission, the
Committee on House Administration of the House of
Representatives, and the Committee on Energy and Natural
Resources of the Senate of the recommendation that a
commemorative work should be located in Area I. The location of
a commemorative work in Area I is deemed to be authorized only
if the recommendation is approved by law not later than 150
calendar days after the notification.
(2) Area ii.--Commemorative works of subjects of lasting
historical significance to the American people may be located in
Area II.
Sec. 8909. Administrative
(a) Maintenance of Documentation of Design and Construction.--Complete
documentation of design and construction of each commemorative work
located in the District of Columbia and its environs shall be provided
to the Secretary of the Interior or
[[Page 116 STAT. 1232]]
Administrator of General Services, as appropriate, and shall be
permanently maintained in the manner provided by law.
(b) Responsibility for Maintenance of Completed Work.--On completion
of any commemorative work in the District of Columbia and its environs,
the Secretary or Administrator, as appropriate, shall assume
responsibility for maintaining the work.
(c) Regulations or Standards.--The Secretary and Administrator shall
prescribe appropriate regulations or standards to carry out this
chapter.
CHAPTER 91--COMMISSION OF FINE ARTS
Sec.
9101. Establishment, composition, and vacancies.
9102. Duties.
9103. Personnel.
9104. Authorization of appropriations.
Sec. 9101. Establishment, composition, and vacancies
(a) Establishment.--There is a Commission of Fine Arts.
(b) Composition.--The Commission is composed of seven well-qualified
judges of the fine arts, appointed by the President, who serve for four
years each or until their successors are appointed and qualified.
(c) Vacancies.--The President shall fill vacancies on the Commission.
(d) Expenses.--Members of the Commission shall be paid actual expenses
in traveling to and from the District of Columbia to attend Commission
meetings and while attending those meetings.
Sec. 9102. Duties
(a) In General.--The Commission of Fine Arts shall advise on--
(1) the location of statues, fountains, and monuments in the
public squares, streets, and parks in the District of Columbia;
(2) the selection of models for statues, fountains, and
monuments erected under the authority of the Federal Government;
(3) the selection of artists to carry out clause (2); and
(4) questions of art generally when required to do so by the
President or a committee of Congress.
(b) Duty To Request Advice.--The officers required to decide the
questions described in subsection (a)(1)-(3) shall request the
Commission to provide the advice.
(c) Nonapplication.--This section does not apply to the Capitol
Building and the Library of Congress buildings.
Sec. 9103. Personnel
The Commission of Fine Arts has a secretary and other assistance the
Commission authorizes. The secretary is the executive officer of the
Commission.
Sec. 9104. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
CHAPTER 93--THEODORE ROOSEVELT ISLAND
Sec.
9301. Maintenance and administration.
9302. Consent of Theodore Roosevelt Association required for
development.
[[Page 116 STAT. 1233]]
9303. Access to Theodore Roosevelt Island.
9304. Source of appropriations.
Sec. 9301. Maintenance and administration
The Director of the National Park Service shall maintain and
administer Theodore Roosevelt Island as a natural park for the
recreation and enjoyment of the public.
Sec. 9302. Consent of Theodore Roosevelt Association required for
development
(a) General Plan for Development.--The Theodore Roosevelt Association
must approve every general plan for the development of Theodore
Roosevelt Island.
(b) Development Inconsistent with Plan.--As long as the Association
remains in existence, development inconsistent with the general plan may
not be carried out without the Association's consent.
Sec. 9303. Access to Theodore Roosevelt Island
Subject to the approval of the National Capital Planning Commission
and the availability of appropriations, the Director of the National
Park Service may provide suitable means of access to and on Theodore
Roosevelt Island.
Sec. 9304. Source of appropriations
The appropriations needed for construction of suitable means of access
to and on Theodore Roosevelt Island and annually for the care,
maintenance, and improvement of the land and improvements may be made
from amounts not otherwise appropriated from the Treasury.
CHAPTER 95--WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT
OF COLUMBIA
Sec.
9501. Chief of Engineers.
9502. Authority of Chief of Engineers.
9503. Record of property.
9504. Reports.
9505. Paying for main pipes.
9506. Civil penalty.
9507. Control of expenditures.
Sec. 9501. Chief of Engineers
(a) Superintendence Duties.--
(1) Washington aqueduct and other public works and
improvements in the district of columbia.--The Chief of
Engineers has the immediate superintendence of--
(A) the Washington Aqueduct, together with all rights,
appurtenances, and fixtures connected with the Aqueduct
and belonging to the Federal Government; and
(B) all other public works and improvements in the
District of Columbia in which the Government has an
interest and which are not otherwise specially provided
for by law.
(2) Obeying regulations.--In carrying out paragraph (1), the
Chief of Engineers shall obey regulations the President
prescribes, through the Secretary of the Army.
(b) No Increase in Compensation.--The Chief of Engineers shall not
receive additional compensation for the services required under this
chapter.
[[Page 116 STAT. 1234]]
(c) Office.--The Chief of Engineers shall be furnished an office in
one of the public buildings in the District of Columbia, as the
Administrator of General Services directs, and shall be supplied by the
Federal Government with stationery, instruments, books, and furniture
which may be required for the performance of the duties of the Chief of
Engineers.
Sec. 9502. Authority of Chief of Engineers
(a) In General.--The Chief of Engineers and necessary assistants may
use all lawful means to carry out their duties.
(b) Supply of Water in District of Columbia.--
(1) Providing water.--The Chief of Engineers has complete
control over the Washington Aqueduct to regulate the manner in
which the authorities of the District of Columbia may tap the
supply of water to the inhabitants of the District of Columbia.
(2) Stoppage of water flow.--The Chief of Engineers shall stop
the authorities of the District of Columbia from tapping the
supply of water when the supply is no more than adequate to the
wants of the public buildings and grounds.
(3) Appeal of decision.--The decision of the Chief of
Engineers on all questions concerning the supply of water under
this subsection may be appealed only to the Secretary of the
Army.
Sec. 9503. Record of property
The Chief of Engineers shall keep in the office a complete record of
all land and other property connected with or belonging to the
Washington Aqueduct and other public works under the charge of the Chief
of Engineers, together with accurate plans and surveys of the public
grounds and reservations in the District of Columbia.
Sec. 9504. Reports
As superintendent of the Washington Aqueduct, the Chief of Engineers
annually shall submit to the Secretary of the Army, within nine months
after the end of the fiscal year, a report of the Chief of Engineers'
operations for that year and a report of the condition, progress,
repairs, casualties, and expenditures of the Washington Aqueduct and
other public works under the charge of the Chief of Engineers.
Sec. 9505. Paying for main pipes
(a) Federal Government.--The Federal Government shall only pay for the
number of main pipes of the Washington Aqueduct needed to furnish public
buildings, offices, and grounds with the necessary supply of water.
(b) District of Columbia.--The District of Columbia shall pay the cost
of any main pipe of the Washington Aqueduct which supplies water to the
inhabitants of the District of Columbia, in the manner provided by law.
Sec. 9506. Civil penalty
A person that, without the consent of the Chief of Engineers, taps or
opens the mains or pipes laid by the Federal Government is liable to the
Government for a civil penalty of at least $50 and not more than $500.
[[Page 116 STAT. 1235]]
Sec. 9507. Control of expenditures
Unless expressly provided for by law, the Secretary of the Army shall
direct the expenditure of amounts appropriated for the Washington
Aqueduct and for other public works in the District of Columbia.
SUBTITLE III--INFORMATION TECHNOLOGY MANAGEMENT
Chapter Sec.
GENERAL 11101
RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION 11301
TECHNOLOGY
INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS 11501
ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS 11701
CHAPTER 111--GENERAL
Sec.
11101. Definitions.
11102. Sense of Congress.
11103. Applicability to national security systems.
Sec. 11101. Definitions
In this subtitle, the following definitions apply:
(1) Commercial item.--The term ``commercial item'' has the
meaning given that term in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. 403).
(2) Executive agency.--The term ``executive agency'' has the
meaning given that term in section 4 of the Act (41 U.S.C. 403).
(3) Information resources.--The term ``information resources''
has the meaning given that term in section 3502 of title 44.
(4) Information resources management.--The term ``information
resources management'' has the meaning given that term in
section 3502 of title 44.
(5) Information system.--The term ``information system'' has
the meaning given that term in section 3502 of title 44.
(6) Information technology.--The term ``information
technology''--
(A) with respect to an executive agency means any
equipment or interconnected system or subsystem of
equipment, used in the automatic acquisition, storage,
manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of
data or information by the executive agency, if the
equipment is used by the executive agency directly or is
used by a contractor under a contract with the executive
agency that requires the use--
(i) of that equipment; or
(ii) of that equipment to a significant extent
in the performance of a service or the furnishing
of a product;
(B) includes computers, ancillary equipment, software,
firmware and similar procedures, services (including
support services), and related resources; but
(C) does not include any equipment acquired by a
federal contractor incidental to a federal contract.
[[Page 116 STAT. 1236]]
Sec. 11102. Sense of Congress
It is the sense of Congress that, during the five-year period
beginning with 1996, executive agencies should achieve each year through
improvements in information resources management by the agency--
(1) at least a five percent decrease in the cost (in constant
fiscal year 1996 dollars) incurred by the agency in operating
and maintaining information technology; and
(2) a five percent increase in the efficiency of the agency
operations.
Sec. 11103. Applicability to national security systems
(a) Definition.--
(1) National security system.--In this section, the term
``national security system'' means a telecommunications or
information system operated by the Federal Government, the
function, operation, or use of which--
(A) involves intelligence activities;
(B) involves cryptologic activities related to
national security;
(C) involves command and control of military forces;
(D) involves equipment that is an integral part of a
weapon or weapons system; or
(E) subject to paragraph (2), is critical to the
direct fulfillment of military or intelligence missions.
(2) Limitation.--Paragraph (1)(E) does not include a system to
be used for routine administrative and business applications
(including payroll, finance, logistics, and personnel management
applications).
(b) In General.--Except as provided in subsection (c), chapter 113 of
this title does not apply to national security systems.
(c) Exceptions.--
(1) In general.--Sections 11313, 11315, and 11316 of this
title apply to national security systems.
(2) Capital planning and investment control.--The heads of
executive agencies shall apply sections 11302 and 11312 of this
title to national security systems to the extent practicable.
(3) Applicability of performance-based and results-based
management to national security systems.--
(A) In general.--Subject to subparagraph (B), the
heads of executive agencies shall apply section 11303 of
this title to national security systems to the extent
practicable.
(B) Exception.--National security systems are subject
to section 11303(b)(5) of this title, except for
subparagraph (B)(iv).
CHAPTER 113--RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
SUBCHAPTER I--DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
Sec.
11301. Responsibility of Director.
11302. Capital planning and investment control.
11303. Performance-based and results-based management.
SUBCHAPTER II--EXECUTIVE AGENCIES
11311. Responsibilities.
[[Page 116 STAT. 1237]]
11312. Capital planning and investment control.
11313. Performance and results-based management.
11314. Authority to acquire and manage information technology.
11315. Agency Chief Information Officer.
11316. Accountability.
11317. Significant deviations.
11318. Interagency support.
SUBCHAPTER III--OTHER RESPONSIBILITIES
11331. Responsibilities regarding efficiency, security, and privacy of
federal computer systems.
11332. Federal computer system security training and plan.
SUBCHAPTER I--DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
Sec. 11301. Responsibility of Director
In fulfilling the responsibility to administer the functions assigned
under chapter 35 of title 44, the Director of the Office of Management
and Budget shall comply with this chapter with respect to the specific
matters covered by this chapter.
Sec. 11302. Capital planning and investment control
(a) Federal Information Technology.--The Director of the Office of
Management and Budget shall perform the responsibilities set forth in
this section in fulfilling the responsibilities under section 3504(h) of
title 44.
(b) Use of Information Technology in Federal Programs.--The Director
shall promote and improve the acquisition, use, and disposal of
information technology by the Federal Government to improve the
productivity, efficiency, and effectiveness of federal programs,
including through dissemination of public information and the reduction
of information collection burdens on the public.
(c) Use of Budget Process.--
(1) Analyzing, tracking, and evaluating capital investments.--
As part of the budget process, the Director shall develop a
process for analyzing, tracking, and evaluating the risks and
results of all major capital investments made by an executive
agency for information systems. The process shall cover the life
of each system and shall include explicit criteria for analyzing
the projected and actual costs, benefits, and risks associated
with the investments.
(2) Report to congress.--At the same time that the President
submits the budget for a fiscal year to Congress under section
1105(a) of title 31, the Director shall submit to Congress a
report on the net program performance benefits achieved as a
result of major capital investments made by executive agencies
for information systems and how the benefits relate to the
accomplishment of the goals of the executive agencies.
(d) Information Technology Standards.--The Director shall oversee the
development and implementation of standards and guidelines pertaining to
federal computer systems by the Secretary of Commerce through the
National Institute of Standards and Technology under section 11331 of
this title and section 20 of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3).
(e) Designation of Executive Agents for Acquisitions.--The Director
shall designate the head of one or more executive agencies, as the
Director
considers appropriate, as executive agent for Government-wide
acquisitions of information technology.
[[Page 116 STAT. 1238]]
(f) Use of Best Practices in Acquisitions.--The Director shall
encourage the heads of the executive agencies to develop and use the
best practices in the acquisition of information technology.
(g) Assessment of Other Models for Managing Information Technology.--
On a continuing basis, the Director shall assess the experiences of
executive agencies, state and local governments, international
organizations, and the private sector in managing information
technology.
(h) Comparison of Agency Uses of Information Technology.--The Director
shall compare the performances of the executive agencies in using
information technology and shall disseminate the comparisons to the
heads of the executive agencies.
(i) Monitoring Training.--The Director shall monitor the development
and implementation of training in information resources management for
executive agency personnel.
(j) Informing Congress.--The Director shall keep Congress fully
informed on the extent to which the executive agencies are improving the
performance of agency programs and the accomplishment of the agency
missions through the use of the best practices in information resources
management.
(k) Coordination of Policy Development and Review.--The Director shall
coordinate with the Office of Federal Procurement Policy the development
and review by the Administrator of the Office of Information and
Regulatory Affairs of policy associated with federal acquisition of
information technology.
Sec. 11303. Performance-based and results-based management
(a) In General.--The Director of the Office of Management and Budget
shall encourage the use of performance-based and results-based
management in fulfilling the responsibilities assigned under section
3504(h) of title 44.
(b) Evaluation of Agency Programs and Investments.--
(1) Requirement.--The Director shall evaluate the information
resources management practices of the executive agencies with
respect to the performance and results of the investments made
by the executive agencies in information technology.
(2) Direction for executive agency action.--The Director shall
issue to the head of each executive agency clear and concise
direction that the head of each agency shall--
(A) establish effective and efficient capital planning
processes for selecting, managing, and evaluating the
results of all of its major investments in information
systems;
(B) determine, before making an investment in a new
information system--
(i) whether the function to be supported by the
system should be performed by the private sector
and, if so, whether any component of the executive
agency performing that function should be
converted from a governmental organization to a
private sector organization; or
(ii) whether the function should be performed by
the executive agency and, if so, whether the
function should be performed by a private sector
source under contract or by executive agency
personnel;
(C) analyze the missions of the executive agency and,
based on the analysis, revise the executive agency's
mission-related processes and administrative processes,
as
[[Page 116 STAT. 1239]]
appropriate, before making significant investments in
information technology to be used in support of those
missions; and
(D) ensure that the information security policies,
procedures, and practices are adequate.
(3) Guidance for multiagency investments.--The direction
issued under paragraph (2) shall include guidance for
undertaking efficiently and effectively interagency and Federal
Government-wide investments in information technology to improve
the accomplishment of missions that are common to the executive
agencies.
(4) Periodic reviews.--The Director shall implement through
the budget process periodic reviews of selected information
resources management activities of the executive agencies to
ascertain the efficiency and effectiveness of information
technology in improving the performance of the executive agency
and the accomplishment of the missions of the executive agency.
(5) Enforcement of accountability.--
(A) In general.--The Director may take any action that
the Director considers appropriate, including an action
involving the budgetary process or appropriations
management process, to enforce accountability of the
head of an executive agency for information resources
management and for the investments made by the executive
agency in information technology.
(B) Specific actions.--Actions taken by the Director
may include--
(i) recommending a reduction or an increase in
the amount for information resources that the head
of the executive agency proposes for the budget
submitted to Congress under section 1105(a) of
title 31;
(ii) reducing or otherwise adjusting
apportionments and reapportionments of
appropriations for information resources;
(iii) using other administrative controls over
appropriations to restrict the availability of
amounts for information resources; and
(iv) designating for the executive agency an
executive agent to contract with private sector
sources for the performance of information
resources management or the acquisition of
information technology.
SUBCHAPTER II--EXECUTIVE AGENCIES
Sec. 11311. Responsibilities
In fulfilling the responsibilities assigned under chapter 35 of title
44, the head of each executive agency shall comply with this subchapter
with respect to the specific matters covered by this subchapter.
Sec. 11312. Capital planning and investment control
(a) Design of Process.--In fulfilling the responsibilities assigned
under section 3506(h) of title 44, the head of each executive agency
shall design and implement in the executive agency a process for
maximizing the value, and assessing and managing the risks, of the
information technology acquisitions of the executive agency.
[[Page 116 STAT. 1240]]
(b) Content of Process.--The process of an executive agency shall--
(1) provide for the selection of information technology
investments to be made by the executive agency, the management
of those investments, and the evaluation of the results of those
investments;
(2) be integrated with the processes for making budget,
financial, and program management decisions in the executive
agency;
(3) include minimum criteria to be applied in considering
whether to undertake a particular investment in information
systems, including criteria related to the quantitatively
expressed projected net, risk-adjusted return on investment and
specific quantitative and qualitative criteria for comparing and
prioritizing alternative information systems investment
projects;
(4) identify information systems investments that would result
in shared benefits or costs for other federal agencies or state
or local governments;
(5) identify quantifiable measurements for determining the net
benefits and risks of a proposed investment; and
(6) provide the means for senior management personnel of the
executive agency to obtain timely information regarding the
progress of an
investment in an information system, including a system of milestones
for measuring progress, on an independently verifiable basis, in terms
of cost, capability of the system to meet specified requirements,
timeliness, and quality.
Sec. 11313. Performance and results-based management
In fulfilling the responsibilities under section 3506(h) of title 44,
the head of an executive agency shall--
(1) establish goals for improving the efficiency and
effectiveness of agency operations and, as appropriate, the
delivery of services to the public through the effective use of
information technology;
(2) prepare an annual report, to be included in the executive
agency's budget submission to Congress, on the progress in
achieving the goals;
(3) ensure that performance measurements--
(A) are prescribed for information technology used by,
or to be acquired for, the executive agency; and
(B) measure how well the information technology
supports programs of the executive agency;
(4) where comparable processes and organizations in the public
or private sectors exist, quantitatively benchmark agency
process performance against those processes in terms of cost,
speed, productivity, and quality of outputs and outcomes;
(5) analyze the missions of the executive agency and, based on
the analysis, revise the executive agency's mission-related
processes and administrative processes as appropriate before
making significant investments in information technology to be
used in support of the performance of those missions; and
(6) ensure that the information security policies, procedures,
and practices of the executive agency are adequate.
[[Page 116 STAT. 1241]]
Sec. 11314. Authority to acquire and manage information technology
(a) In General.--The authority of the head of an executive agency to
acquire information technology includes--
(1) acquiring information technology as authorized by law;
(2) making a contract that provides for multiagency
acquisitions of information technology in accordance with
guidance issued by the Director of the Office of Management and
Budget; and
(3) if the Director finds that it would be advantageous for
the Federal Government to do so, making a multiagency contract
for procurement of commercial items of information technology
that requires each executive agency covered by the contract,
when procuring those items, to procure the items under that
contract or to justify an alternative procurement of the items.
(b) FTS 2000 Program.--The Administrator of General Services shall
continue to manage the FTS 2000 program, and to coordinate the follow-on
to that program, for and with the advice of the heads of executive
agencies.
Sec. 11315. Agency Chief Information Officer
(a) Definition.--In this section, the term ``information technology
architecture'', with respect to an executive agency, means an integrated
framework for evolving or maintaining existing information technology
and acquiring new information technology to achieve the agency's
strategic goals and information resources management goals.
(b) General Responsibilities.--The Chief Information Officer of an
executive agency is responsible for--
(1) providing advice and other assistance to the head of the
executive agency and other senior management personnel of the
executive agency to ensure that information technology is
acquired and information resources are managed for the executive
agency in a manner that implements the policies and procedures
of this subtitle, consistent with chapter 35 of title 44 and the
priorities established by the head of the executive agency;
(2) developing, maintaining, and facilitating the
implementation of a sound and integrated information technology
architecture for the executive agency; and
(3) promoting the effective and efficient design and operation
of all major information resources management processes for the
executive agency, including improvements to work processes of
the executive agency.
(c) Duties and Qualifications.--The Chief Information Officer of an
agency listed in section 901(b) of title 31--
(1) has information resources management duties as that
official's primary duty;
(2) monitors the performance of information technology
programs of the agency, evaluates the performance of those
programs on the basis of the applicable performance
measurements, and advises the head of the agency regarding
whether to continue, modify, or terminate a program or project;
and
(3) annually, as part of the strategic planning and
performance evaluation process required (subject to section 1117
of title 31) under section 306 of title 5 and sections
1105(a)(28),
[[Page 116 STAT. 1242]]
1115-1117, and 9703 (as added by section 5(a) of the Government
Performance and Results Act of 1993 (Public Law 103-62, 107
Stat. 289)) of title 31--
(A) assesses the requirements established for agency
personnel regarding knowledge and skill in information
resources management and the adequacy of those
requirements for facilitating the achievement of the
performance goals established for information resources
management;
(B) assesses the extent to which the positions and
personnel at the executive level of the agency and the
positions and personnel at management level of the
agency below the executive level meet those
requirements;
(C) develops strategies and specific plans for hiring,
training, and professional development to rectify any
deficiency in meeting those requirements; and
(D) reports to the head of the agency on the progress
made in improving information resources management
capability.
Sec. 11316. Accountability
The head of each executive agency, in consultation with the Chief
Information Officer and the Chief Financial Officer of that executive
agency (or, in the case of an executive agency without a chief financial
officer, any comparable official), shall establish policies and
procedures to ensure that--
(1) the accounting, financial, asset management, and other
information systems of the executive agency are designed,
developed, maintained, and used effectively to provide financial
or program performance data for financial statements of the
executive agency;
(2) financial and related program performance data are
provided on a reliable, consistent, and timely basis to
executive agency financial management systems; and
(3) financial statements support--
(A) assessments and revisions of mission-related
processes and administrative processes of the executive
agency; and
(B) measurement of the performance of investments made
by the agency in information systems.
Sec. 11317. Significant deviations
The head of each executive agency shall identify in the strategic
information resources management plan required under section 3506(b)(2)
of title 44 any major information technology acquisition program, or any
phase or increment of that program, that has significantly deviated from
the cost, performance, or schedule goals established for the program.
Sec. 11318. Interagency support
The head of an executive agency may use amounts available to the
agency for oversight, acquisition, and procurement of information
technology to support jointly with other executive agencies the
activities of interagency groups
that are established to advise the Director of the Office of Management
and Budget in carrying out the Director's responsibilities under this
chapter. The use of those amounts for that purpose is subject to
requirements and limitations on uses and amounts that the Director may
prescribe.
[[Page 116 STAT. 1243]]
The Director shall prescribe the requirements and limitations during the
Director's review of the executive agency's proposed budget submitted to
the Director by the head of the executive agency for purposes of section
1105 of title 31.
SUBCHAPTER III--OTHER RESPONSIBILITIES
Sec. 11331. Responsibilities regarding efficiency, security, and privacy
of federal computer systems
(a) Definitions.--In this section, the terms ``federal computer
system'' and ``operator of a federal computer system'' have the meanings
given those terms in section 20(d) of the National Institute of
Standards and Technology Act (15 U.S.C. 278g-3(d)).
(b) Standards and Guidelines.--
(1) Authority to prescribe and disapprove or modify.--
(A) Authority to prescribe.--On the basis of standards
and guidelines developed by the National Institute of
Standards and Technology pursuant to paragraphs (2) and
(3) of section 20(a) of the Act (15 U.S.C. 278g-3(a)(2),
(3)), the Secretary of Commerce shall prescribe
standards and guidelines pertaining to federal computer
systems. The Secretary shall make those standards
compulsory and binding to the extent the Secretary
determines necessary to improve the efficiency of
operation or security and privacy of federal computer
systems.
(B) Authority to disapprove or modify.--The President
may disapprove or modify those standards and guidelines
if the President determines that action to be in the
public interest. The President's authority to disapprove
or modify those standards and guidelines may not be
delegated. Notice of disapproval or modification shall
be published promptly in the Federal Register. On
receiving notice of disapproval or modification, the
Secretary shall immediately rescind or modify those
standards or guidelines as directed by the President.
(2) Exercise of authority.--To ensure fiscal and policy
consistency, the Secretary shall exercise the authority
conferred by this section subject to direction by the President
and in coordination with the Director of the Office of
Management and Budget.
(c) Application of More Stringent Standards.--The head of a federal
agency may employ standards for the cost-effective security and privacy
of sensitive information in a federal computer system in or under the
supervision of that agency that are more stringent than the standards
the Secretary prescribes under this section if the more stringent
standards contain at least the applicable standards the Secretary makes
compulsory and binding.
(d) Waiver of Standards.--
(1) Authority of the secretary.--The Secretary may waive in
writing compulsory and binding standards under subsection (b) if
the Secretary determines that compliance would--
(A) adversely affect the accomplishment of the mission
of an operator of a federal computer system; or
(B) cause a major adverse financial impact on the
operator that is not offset by Federal Government-wide
savings.
(2) Delegation of waiver authority.--The Secretary may
delegate to the head of one or more federal agencies authority
[[Page 116 STAT. 1244]]
to waive those standards to the extent the Secretary determines
that action to be necessary and desirable to allow for timely
and effective implementation of federal computer system
standards. The head of the agency may redelegate that authority
only to a chief information officer designated pursuant to
section 3506 of title 44.
(3) Notice.--Notice of each waiver and delegation shall be
transmitted promptly to Congress and published promptly in the
Federal Register.
Sec. 11332. Federal computer system security training and plan
(a) Definitions.--In this section, the terms ``computer system'',
``federal agency'', ``federal computer system'', ``operator of a federal
computer system'', and ``sensitive information'' have the meanings given
those terms in section 20(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278g-3(d)).
(b) Training--
(1) In general.--Each federal agency shall provide for
mandatory periodic training in computer security awareness and
accepted computer security practice of all employees who are
involved with the management, use, or operation of each federal
computer system within or under the supervision of the agency.
The training shall be-
(A) provided in accordance with the guidelines
developed pursuant to section 20(a)(5) of the Act (15
U.S.C. 278g-3(a)(5)) and the regulations prescribed
under paragraph (3) for federal civilian employees; or
(B) provided by an alternative training program that
the head of the agency approves after determining that
the alternative training program is at least as
effective in accomplishing the objectives of the
guidelines and regulations.
(2) Training objectives.--Training under this subsection shall
be designed--
(A) to enhance employees' awareness of the threats to,
and vulnerability of, computer systems; and
(B) to encourage the use of improved computer security
practices.
(3) Regulations.--The Director of the Office of Personnel
Management shall maintain regulations that establish the
procedures and scope of the training to be provided federal
civilian employees under this subsection and the manner in which
the training is to be carried out.
(c) Plan.--
(1) In general.--Consistent with standards, guidelines,
policies, and regulations prescribed pursuant to section 11331
of this title, each federal agency shall maintain a plan for the
security and privacy of each federal computer system the agency
identifies as being within or under its supervision and as
containing sensitive information. The plan must be commensurate
with the risk and magnitude of the harm resulting from the loss,
misuse, or unauthorized access to, or modification of, the
information contained in the system.
(2) Revision and review.--The plan shall be revised annually
as necessary and is subject to disapproval by the Director of
the Office of Management and Budget.
[[Page 116 STAT. 1245]]
(d) Handling of Information Not Affected.--This section does not--
(1) constitute authority to withhold information sought
pursuant to section 552 of title 5; or
(2) authorize a federal agency to limit, restrict, regulate,
or control the collection, maintenance, disclosure, use,
transfer, or sale of any information (regardless of the medium
in which the information may be maintained) that is--
(A) privately owned information;
(B) disclosable under section 552 of title 5 or
another law requiring or authorizing the public
disclosure of information; or
(C) public domain information.
CHAPTER 115--INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAMS
SUBCHAPTER I--CONDUCT OF PILOT PROGRAMS
Sec.
11501. Authority to conduct pilot programs.
11502. Evaluation criteria and plans.
11503. Report.
11504. Recommended legislation.
11505. Rule of construction.
SUBCHAPTER II--SPECIFIC PILOT PROGRAMS
11521. Share-in-savings pilot program.
11522. Solutions-based contracting pilot program.
SUBCHAPTER I--CONDUCT OF PILOT PROGRAMS
Sec. 11501. Authority to conduct pilot programs
(a) In General.--
(1) Purpose.--In consultation with the Administrator for the
Office of Information and Regulatory Affairs, the Administrator
for Federal Procurement Policy may conduct pilot programs to
test alternative approaches for the acquisition of information
technology by executive agencies.
(2) Multiagency, multi-activity conduct of each program.--
Except as otherwise provided in this chapter, each pilot program
conducted under this chapter shall be carried out in not more
than two procuring activities in each of the executive agencies
that are designated by the Administrator for Federal Procurement
Policy in accordance with this chapter to carry out the pilot
program. With the approval of the Administrator for Federal
Procurement Policy, the head of each designated executive agency
shall select the procuring activities of the executive agency
that are to participate in the test and shall designate a
procurement testing official who shall be responsible for the
conduct and evaluation of the pilot program within the executive
agency.
(b) Limitations.--
(1) Number.--Not more than two pilot programs may be conducted
under this chapter, including one pilot program each pursuant to
the requirements of sections 11521 and 11522 of this title.
(2) Amount.--The total amount obligated for contracts entered
into under the pilot programs conducted under this chapter may
not exceed $750,000,000. The Administrator for
[[Page 116 STAT. 1246]]
Federal Procurement Policy shall monitor those contracts and
ensure that contracts are not entered into in violation of this
paragraph.
(c) Period of Programs.--
(1) In general.--Subject to paragraph (2), a pilot program may
be carried out under this chapter for the period, not in excess
of five years, the Administrator for Federal Procurement Policy
determines is sufficient to establish reliable results.
(2) Continuing validity of contracts.--A contract entered into
under the pilot program before the expiration of that program
remains in effect according to the terms of the contract after
the expiration of the program.
Sec. 11502. Evaluation criteria and plans
(a) Measurable Test Criteria.--To the maximum extent practicable, the
head of each executive agency conducting a pilot program under section
11501 of this title shall establish measurable criteria for evaluating
the effects of the procedures or techniques to be tested under the
program.
(b) Test Plan.--Before a pilot program may be conducted under section
11501 of this title, the Administrator for Federal Procurement Policy
shall submit to Congress a detailed test plan for the program, including
a detailed description of the procedures to be used and a list of
regulations that are to be waived.
Sec. 11503. Report
(a) Requirement.--Not later than 180 days after the completion of a
pilot program under this chapter, the Administrator for Federal
Procurement Policy shall--
(1) submit to the Director of the Office of Management and
Budget a report on the results and findings under the program;
and
(2) provide a copy of the report to Congress.
(b) Content.--The report shall include--
(1) a detailed description of the results of the program, as
measured by the criteria established for the program; and
(2) a discussion of legislation that the Administrator
recommends, or changes in regulations that the Administrator
considers necessary, to improve overall information resources
management in the Federal Government.
Sec. 11504. Recommended legislation
If the Director of the Office of Management and Budget determines that
the results and findings under a pilot program under this chapter
indicate that legislation is necessary or desirable to improve the
process for acquisition of information technology, the Director shall
transmit the Director's recommendations for that legislation to
Congress.
Sec. 11505. Rule of construction
This chapter does not authorize the appropriation or obligation of
amounts for the pilot programs authorized under this chapter.
[[Page 116 STAT. 1247]]
SUBCHAPTER II--SPECIFIC PILOT PROGRAMS
Sec. 11521. Share-in-savings pilot program
(a) Requirement.--The Administrator for Federal Procurement Policy may
authorize the heads of two executive agencies to carry out a pilot
program to test the feasibility of--
(1) contracting on a competitive basis with a private sector
source to provide the Federal Government with an information
technology solution for improving mission-related or
administrative processes of the Federal Government; and
(2) paying the private sector source an amount equal to a
portion of the savings derived by the Federal Government from
any improvements in mission-related processes and administrative
processes that result from implementation of the solution.
(b) Limitations.--The head of an executive agency authorized to carry
out the pilot program may carry out one project and enter into not more
than five contracts for the project under the pilot program.
(c) Selection of Projects.--In consultation with the Administrator for
the Office of Information and Regulatory Affairs, the Administrator for
Federal Procurement Policy shall select the projects.
Sec. 11522. Solutions-based contracting pilot program
(a) Definition.--For purposes of this section, ``solutions-based
contracting'' is an acquisition method under which the acquisition
objectives are defined by the Federal Government user of the technology
to be acquired, a streamlined contractor selection process is used, and
industry sources are allowed to provide solutions that attain the
objectives effectively.
(b) In General.--The Administrator for Federal Procurement Policy may
authorize the head of an executive agency, in accordance with subsection
(d), to carry out a pilot program to test the feasibility of using
solutions-based contracting for the acquisition of information
technology.
(c) Process Requirements.--The Administrator shall require use of a
process with the following aspects for acquisitions under the pilot
program:
(1) Acquisition plan emphasizing desired result.--Preparation
of an acquisition plan that defines the functional requirements
of the intended users of the information technology to be
acquired, identifies the operational improvements to be
achieved, and defines the performance measurements to be applied
in determining whether the information technology acquired
satisfies the defined requirements and attains the identified
results.
(2) Results-oriented statement of work.--Use of a statement of
work that is limited to an expression of the end results or
performance capabilities desired under the acquisition plan.
(3) Small acquisition organization.--Assembly of a small
acquisition organization consisting of the following:
(A) An acquisition management team, the members of
which are to be evaluated and rewarded under the pilot
program for contributions toward attainment of the
desired results identified in the acquisition plan.
[[Page 116 STAT. 1248]]
(B) A small source selection team composed of
representatives of the specific mission or
administrative area to be supported by the information
technology to be acquired, a contracting officer, and
individuals with relevant expertise.
(4) Use of source selection factors emphasizing source
qualifications and costs.--Use of source selection factors that
emphasize--
(A) the qualifications of the offeror, including
personnel skills, previous experience in providing other
private or public sector organizations with solutions
for attaining objectives similar to the objectives of
the acquisition, past contract performance,
qualifications of the proposed program manager, and the
proposed management plan; and
(B) the costs likely to be associated with the
conceptual approach proposed by the offeror.
(5) Open communications with contractor community.--Open
availability of the following information to potential offerors:
(A) The agency mission to be served by the
acquisition.
(B) The functional process to be performed by use of
information technology.
(C) The process improvements to be attained.
(6) Simple solicitation.--Use of a simple solicitation that
sets forth only the functional work description, the source
selection factors to be used in accordance with paragraph (4),
the required terms and conditions, instructions regarding
submission of offers, and the estimate of the Government's
budget for the desired work.
(7) Simple proposals.--Submission of oral presentations and
written proposals that are limited in size and scope and contain
information on--
(A) the offeror's qualifications to perform the
desired work;
(B) past contract performance;
(C) the proposed conceptual approach; and
(D) the costs likely to be associated with the
proposed conceptual approach.
(8) Simple evaluation.--Use of a simplified evaluation
process, to be completed within 45 days after receipt of
proposals, that consists of the following:
(A) Identification of the most qualified offerors that
are within the competitive range.
(B) Issuance of invitations for at least three and not
more than five of the identified offerors to make oral
presentations to, and engage in discussions with, the
evaluating personnel regarding, for each offeror--
(i) the qualifications of the offeror, including
how the qualifications of the offeror relate to
the approach proposed to be taken by the offeror
in the acquisition; and
(ii) the costs likely to be associated with the
approach.
(C) Evaluation of the qualifications of the identified
offerors and the costs likely to be associated with the
offerors' proposals on the basis of submissions required
[[Page 116 STAT. 1249]]
under the process and any oral presentations made by,
and any discussions with, the offerors.
(9) Selection of most qualified offeror.--A selection process
consisting of the following:
(A) Identification of the most qualified sources,
primarily on the basis of the oral proposals,
presentations, and discussions, and written proposals,
submitted in accordance with paragraph (7).
(B) A program definition phase of 30-60 days (or a
longer period the Administrator approves)--
(i) during which the sources identified under
subparagraph (A), in consultation with one or more
intended users, develop a conceptual system design
and technical approach, define logical phases for
the project, and estimate the total cost and the
cost for each phase; and
(ii) after which a contract for performance of
the work may be awarded to the source whose offer
is determined to be most advantageous to the
Government on the basis of cost, the
responsiveness, reasonableness, and quality of the
proposed performance, and a sharing of risk and
benefits between the source and the Government.
(C) As many successive program definition phases as
necessary to award a contract in accordance with
subparagraph (B).
(10) System implementation phasing.--System implementation to
be executed in phases that are tailored to the solution, with
appropriate contract arrangements being used for various phases
and activities.
(11) Mutual authority to terminate.--Authority for the
Government or the contractor to terminate the contract without
penalty at the end of any phase defined for the project.
(12) Time management discipline.--Application of a standard
for awarding a contract within 105 to 120 days after issuance of
the solicitation, except that the Administrator may approve the
application of a longer standard period.
(d) Pilot Program Projects.--The Administrator shall authorize to be
carried out under the pilot program--
(1) not more than 10 projects, each of which has an estimated
cost of at least $25,000,000 and not more than $100,000,000; and
(2) not more than 10 projects for small business concerns,
each of which has an estimated cost of at least $1,000,000 and
not more than $5,000,000.
(e) Monitoring by Comptroller General.--The Comptroller General
shall--
(1) monitor the conduct, and review the results, of
acquisitions under the pilot program; and
(2) submit to Congress periodic reports containing the views
of the Comptroller General on the activities, results, and
findings under the pilot program.
CHAPTER 117--ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Sec.
11701. On-line multiple award schedule contracting.
[[Page 116 STAT. 1250]]
11702. Identification of excess and surplus computer equipment.
11703. Index of certain information in information systems included in
directory established under section 4101 of title 44.
11704. Procurement procedures.
Sec. 11701. On-line multiple award schedule contracting
(a) Automation of Multiple Award Schedule Contracting.--To provide for
the economic and efficient procurement of information technology and
other commercial items, the Administrator of General Services shall
provide Federal Government-wide on-line computer access to information
on products and services that are available for ordering through the
multiple award schedules.
(b) Requirements.--The system for providing on-line computer access
shall--
(1) have the capability to--
(A) provide basic information on prices, features, and
performance of all products and services available for
ordering through the multiple award schedules;
(B) provide for updating that information to reflect
changes in prices, features, and performance as soon as
information on the changes becomes available; and
(C) enable users to make on-line computer comparisons
of the prices, features, and performance of similar
products and services offered by various vendors; and
(2) be used to place orders under the multiple award schedules
in a fiscal year for an amount equal to at least 60 percent of
the total amount spent for all orders under the multiple award
schedules in that fiscal year.
(c) Streamlined Procedures.--
(1) Pilot program.--On certification by the Administrator of
General Services that the system for providing on-line computer
access meets the requirements of subsection (b)(1) and was used
as required by subsection (b)(2) in the fiscal year preceding
the fiscal year in which the certification is made, the
Administrator for Federal Procurement Policy may establish a
pilot program to test streamlined procedures for the procurement
of information technology products and services available for
ordering through the multiple award schedules.
(2) Applicability to multiple award schedule contracts.--
Except as provided in paragraph (4), the pilot program shall be
applicable to all multiple award schedule contracts for the
purchase of information technology and shall test the following
procedures:
(A) A procedure under which negotiation of the terms
and conditions for a covered multiple award schedule
contract is limited to terms and conditions other than
price.
(B) A procedure under which the vendor establishes the
prices under a covered multiple award schedule contract
and may adjust those prices at any time in the
discretion of the vendor.
(C) A procedure under which a covered multiple award
schedule contract is awarded to any responsible offeror
that--
(i) has a suitable record of past performance,
which may include past performance on multiple
award schedule contracts;
(ii) agrees to terms and conditions that the
Administrator for Federal Procurement Policy
determines are
[[Page 116 STAT. 1251]]
required by law or are appropriate for the
purchase of commercial items; and
(iii) agrees to establish and update prices,
features, and performance and to accept orders
electronically through the automated system
established pursuant to subsection (a).
(3) Comptroller general review and report.--
(A) Authority to conduct review and make report.--Not
later than three years after the date on which the pilot
program is established, the Comptroller General shall
review the pilot program and report to Congress on the
results of the pilot program.
(B) Content of report.--The report shall include the
following:
(i) An evaluation of the extent to which there
is competition for the orders placed under the
pilot program.
(ii) The effect that the streamlined procedures
under the pilot program have on prices charged
under multiple award schedule contracts.
(iii) The effect that those procedures have on
paperwork requirements for multiple award schedule
contracts and orders.
(iv) The impact of the pilot program on small
businesses and socially and economically
disadvantaged small businesses.
(4) Withdrawal of schedule or portion of schedule from pilot
program.--
(A) When allowed.--The Administrator for Federal
Procurement Policy may withdraw a multiple award
schedule or portion of a schedule from the pilot program
if the Administrator determines that--
(i) price competition is not available under
that schedule or portion of that schedule; or
(ii) the cost to the Government for that
schedule or portion for the previous year was
higher than it would have been if the contract for
that schedule or portion had been awarded using
procedures that would apply if the pilot program
were not in effect.
(B) Notice.--The Administrator for Federal Procurement
Policy shall notify Congress at least 30 days before the
date on which the Administrator withdraws a schedule or
portion under this paragraph.
(C) Authority not delegable.--The authority under this
paragraph may not be delegated.
(5) Termination of pilot program.--Unless reauthorized by law,
the authority of the Administrator for Federal Procurement
Policy to award contracts under the pilot program shall expire
four years after the date on which the pilot program is
established. A contract entered into before the authority
expires remains in effect according to the terms of the contract
after the expiration of the authority to award new contracts
under the pilot program.
[[Page 116 STAT. 1252]]
Sec. 11702. Identification of excess and surplus computer equipment
In accordance with chapter 5 of this title, the head of an executive
agency shall maintain an inventory of all computer equipment under the
control of that official that is excess or surplus property.
Sec. 11703. Index of certain information in information systems included
in directory established under section 4101 of
title 44
If in designing an information technology system pursuant to this
subtitle, the head of an executive agency determines that a purpose of
the system is to disseminate information to the public, then the head of
that executive agency shall reasonably ensure that an index of
information disseminated by the system is included in the directory
created pursuant to section 4101 of title 44. This section does not
authorize the dissemination of information to the public unless
otherwise authorized.
Sec. 11704. Procurement procedures
To the maximum extent practicable, the Federal Acquisition Regulatory
Council shall ensure that the process for acquisition of information
technology is a simplified, clear, and understandable process that
specifically addresses the management of risk, incremental acquisitions,
and the need to incorporate commercial information technology in a
timely manner.
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
Chapter Sec.
GENERAL PROVISIONS 14101
APPALACHIAN REGIONAL COMMISSION 14301
SPECIAL APPALACHIAN PROGRAMS 14501
MISCELLANEOUS 14701
CHAPTER 141--GENERAL PROVISIONS
Sec.
14101. Findings and purposes.
14102. Definitions.
Sec. 14101. Findings and purposes
(a) 1965 Findings and Purpose.--
(1) Findings.--Congress finds and declares that the
Appalachian region of the United States, while abundant in
natural resources and rich in potential, lags behind the rest of
the Nation in its economic growth and that its people have not
shared properly in the Nation's prosperity. The region's uneven
past development, with its historical reliance on a few basic
industries and a marginal agriculture, has failed to provide the
economic base that is a vital prerequisite for vigorous, self-
sustaining growth. State and local governments and the people of
the region understand their problems and have been working, and
will continue to work, purposefully toward their solution.
Congress recognizes the comprehensive report of the President's
Appalachian Regional Commission documenting these findings and
concludes that regionwide development is feasible, desirable,
and urgently needed.
[[Page 116 STAT. 1253]]
(2) Purpose.--It is the purpose of this subtitle to assist the
region in meeting its special problems, to promote its economic
development, and to establish a framework for joint federal and
state efforts toward providing the basic facilities essential to
its growth and attacking its common problems and meeting its
common needs on a coordinated and concerted regional basis. The
public investments made in the region under this subtitle shall
be concentrated in areas where there is a significant potential
for future growth and where the expected return on public
dollars invested will be the greatest. States will be
responsible for recommending local and state projects within
their borders that will receive assistance under this subtitle.
As the region obtains the needed physical and transportation
facilities and develops its human resources, Congress expects
that the region will generate a diversified industry and that
the region will then be able to support itself through the
workings of a strengthened free enterprise economy.
(b) 1975 Findings and Purpose.--
(1) Findings.--Congress further finds and declares that while
substantial progress has been made toward achieving the purposes
set out in subsection (a), especially with respect to the
provision of essential public facilities, much remains to be
accomplished, especially with respect to the provision of
essential health, education, and other public services. Congress
recognizes that changes and evolving national purposes in the
decade since 1965 affect not only the Appalachian region but
also its relationship to a nation that on December 31, 1975, is
assigning higher priority to conservation and the quality of
life, values long cherished within the region. Appalachia as of
December 31, 1975, has the opportunity, in accommodating future
growth and development, to demonstrate local leadership and
coordinated planning so that housing, public services,
transportation and other community facilities will be provided
in a way congenial to the traditions and beauty of the region
and compatible with conservation values and an enhanced quality
of life for the people of the region, and consistent with that
goal, the Appalachian region should be able to take advantage of
eco-industrial development, which promotes both employment and
economic growth and the preservation of natural resources.
Congress recognizes also that fundamental changes are occurring
in national energy requirements and production, which not only
risk short-term dislocations but will undoubtedly result in
major long-term effects in the region. It is essential that the
opportunities for expanded energy production be used so as to
maximize the social and economic benefits and minimize the
social and environmental costs to the region and its people.
(2) Purpose.--It is also the purpose of this subtitle to
provide a framework for coordinating federal, state and local
efforts toward--
(A) anticipating the effects of alternative energy
policies and practices;
(B) planning for accompanying growth and change so as
to maximize the social and economic benefits and
minimize the social and environmental costs; and
[[Page 116 STAT. 1254]]
(C) implementing programs and projects carried out in
the region by federal, state, and local governmental
agencies so as to better meet the special problems
generated in the region by the Nation's energy needs and
policies, including problems of transportation, housing,
community facilities, and human services.
(c) 1998 Findings and Purpose.--
(1) Findings.--Congress further finds and declares that while
substantial progress has been made in fulfilling many of the
objectives of this subtitle, rapidly changing national and
global economies over the decade ending November 13, 1998, have
created new problems and challenges for rural areas throughout
the United States and especially for the Appalachian region.
(2) Purpose.--In addition to the purposes stated in
subsections (a) and (b), it is the purpose of this subtitle--
(A) to assist the Appalachian region in--
(i) providing the infrastructure necessary for
economic and human resource development;
(ii) developing the region's industry;
(iii) building entrepreneurial communities;
(iv) generating a diversified regional economy;
and
(v) making the region's industrial and
commercial resources more competitive in national
and world markets;
(B) to provide a framework for coordinating federal,
state, and local initiatives to respond to the economic
competitiveness challenges in the Appalachian region
through--
(i) improving the skills of the region's
workforce;
(ii) adapting and applying new technologies for
the region's businesses, including eco-industrial
development technologies; and
(iii) improving the access of the region's
businesses to the technical and financial
resources necessary to development of the
businesses; and
(C) to address the needs of severely and persistently
distressed areas of the Appalachian region and focus
special attention on the areas of greatest need so as to
provide a fairer opportunity for the people of the
region to share the quality of life generally enjoyed by
citizens across the United States.
Sec. 14102. Definitions
(a) Definitions.--In this subtitle--
(1) Appalachian region.--The term ``Appalachian region'' means
that area of the eastern United States consisting of the
following counties (including any political subdivision located
within the area):
(A) In Alabama, the counties of Bibb, Blount, Calhoun,
Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert,
Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette,
Franklin, Hale, Jackson, Jefferson, Lamar, Lauderdale,
Lawrence, Limestone, Macon, Madison, Marion, Marshall,
Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega,
Tallapoosa, Tuscaloosa, Walker, and Winston.
(B) In Georgia, the counties of Banks, Barrow, Bartow,
Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson,
Douglas, Elbert, Fannin, Floyd, Forsyth, Franklin,
Gilmer,
[[Page 116 STAT. 1255]]
Gordon, Gwinnett, Habersham, Hall, Haralson, Hart,
Heard, Jackson, Lumpkin, Madison, Murray, Paulding,
Pickens, Polk, Rabun, Stephens, Towns, Union, Walker,
White, and Whitfield.
(C) In Kentucky, the counties of Adair, Bath, Bell,
Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton,
Cumberland, Edmonson, Elliott, Estill, Fleming, Floyd,
Garrard, Green, Greenup, Harlan, Hart, Jackson, Johnson,
Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher,
Lewis, Lincoln, McCreary, Madison, Magoffin, Martin,
Menifee, Monroe, Montgomery, Morgan, Owsley, Perry,
Pike, Powell, Pulaski, Rockcastle, Rowan, Russell,
Wayne, Whitley, and Wolfe.
(D) In Maryland, the counties of Allegany, Garrett,
and Washington.
(E) In Mississippi, the counties of Alcorn, Benton,
Calhoun, Chickasaw, Choctaw, Clay, Itawamba, Kemper,
Lee, Lowndes, Marshall, Monroe, Montgomery, Noxubee,
Oktibbeha, Panola, Pontotoc, Prentiss, Tippah,
Tishomingo, Union, Webster, Winston, and Yalobusha.
(F) In New York, the counties of Allegany, Broome,
Cattaraugus, Chautauqua, Chemung, Chenango, Cortland,
Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga,
and Tompkins.
(G) In North Carolina, the counties of Alexander,
Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell,
Cherokee, Clay, Davie, Forsyth, Graham, Haywood,
Henderson, Jackson, McDowell,
Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain,
Transylvania, Watauga, Wilkes, Yadkin, and Yancey.
(H) In Ohio, the counties of Adams, Athens, Belmont,
Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia,
Guernsey, Harrison, Highland, Hocking, Holmes, Jackson,
Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum,
Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton,
and Washington.
(I) In Pennsylvania, the counties of Allegheny,
Armstrong, Beaver, Bedford, Blair, Bradford, Butler,
Cambria, Cameron, Carbon, Centre, Clarion, Clearfield,
Clinton, Columbia, Crawford, Elk, Erie, Fayette, Forest,
Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata,
Lackawanna, Lawrence, Luzerne, Lycoming, McKean, Mercer,
Mifflin, Monroe, Montour, Northumberland, Perry, Pike,
Potter, Schuylkill, Snyder, Somerset, Sullivan,
Susquehanna, Tioga, Union, Venango, Warren, Washington,
Wayne, Westmoreland, and Wyoming.
(J) In South Carolina, the counties of Anderson,
Cherokee, Greenville, Oconee, Pickens, and Spartanburg.
(K) In Tennessee, the counties of Anderson, Bledsoe,
Blount, Bradley, Campbell, Cannon, Carter, Claiborne,
Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress,
Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton,
Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox,
Loudon, McMinn, Macon, Marion, Meigs, Monroe, Morgan,
Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott,
Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van
Buren, Warren, Washington, and White.
[[Page 116 STAT. 1256]]
(L) In Virginia, the counties of Alleghany, Bath,
Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson,
Floyd, Giles, Grayson, Highland, Lee, Montgomery,
Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell,
Washington, Wise, and Wythe.
(M) All the counties of West Virginia.
(2) Local development district.--The term ``local development
district'' means any of the following entities for which the
Governor of the State in which the entity is located, or the
appropriate state officer, certifies to the Appalachian Regional
Commission that the entity has a charter or authority that
includes the economic development of counties or parts of
counties or other political subdivisions within the region:
(A) a nonprofit incorporated body organized or
chartered under the law of the State in which it is
located.
(B) a nonprofit agency or instrumentality of a state
or local government.
(C) a nonprofit agency or instrumentality created
through an interstate compact.
(D) a nonprofit association or combination of bodies,
agencies, and instrumentalities described in this
paragraph.
(b) Change in Definition.--The Commission may not propose or consider
a recommendation for any change in the definition of the Appalachian
region as set forth in this section without a prior resolution by the
Committee on Environment and Public Works of the Senate or the Committee
on Transportation and Infrastructure of the House of Representatives
that directs a study of the change.
CHAPTER 143--APPALACHIAN REGIONAL COMMISSION
SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION
Sec.
14301. Establishment, membership, and employees.
14302. Decisions.
14303. Functions.
14304. Recommendations.
14305. Liaison between Federal Government and Commission.
14306. Administrative powers and expenses.
14307. Meetings.
14308. Information.
14309. Personal financial interests.
14310. Annual report.
SUBCHAPTER II--FINANCIAL ASSISTANCE
14321. Grants and other assistance.
14322. Approval of development plans, strategy statements, and
projects.
SUBCHAPTER I--ORGANIZATION AND ADMINISTRATION
Sec. 14301. Establishment, membership, and employees
(a) Establishment.--There is an Appalachian Regional Commission.
(b) Membership.--
(1) Federal and state members.--The Commission is composed of
the Federal Cochairman, appointed by the President by and with
the advice and consent of the Senate, and the Governor of each
participating State in the Appalachian region.
(2) Alternate members.--Each state member may have a single
alternate, appointed by the Governor from among the
[[Page 116 STAT. 1257]]
members of the Governor's cabinet or the Governor's personal
staff. The President, by and with the advice and consent of the
Senate, shall appoint an alternate for the Federal Cochairman.
An alternate shall vote in the event of the absence, death,
disability, removal, or resignation of the member for whom the
individual is an alternate. A state alternate shall not be
counted toward the establishment of a quorum of the Commission
when a quorum of the state members is required.
(3) Cochairmen.--The Federal Cochairman is one of the two
Cochairmen of the Commission. The state members shall elect a
Cochairman of the Commission from among themselves for a term of
not less than one year.
(c) Compensation.--The Federal Cochairman shall be compensated by the
Federal Government at level III of the Executive Schedule as set out in
section 5314 of title 5. The Federal Cochairman's alternate shall be
compensated by the Government at level V of the Executive Schedule as
set out in section 5316 of title 5. Each state member and alternate
shall be compensated by the State which they represent at the rate
established by law of that State.
(d) Delegation.--
(1) Powers and responsibilities.--Commission powers and
responsibilities specified in section 14302(c) and (d) of this
title, and the vote of any Commission member, may not be
delegated to an individual who is not a Commission member or who
is not entitled to vote in Commission meetings.
(2) Alternate federal cochairman.--The alternate to the
Federal Cochairman shall perform the functions and duties the
Federal Cochairman delegates when not actively serving as the
alternate.
(e) Executive Director.--The Commission has an executive director. The
executive director is responsible for carrying out the administrative
functions of the Commission, for directing the Commission staff, and for
other duties the Commission may assign.
(f) Status of Personnel.--Members, alternates, officers, and employees
of the Commission are not federal employees for any purpose, except the
Federal Cochairman, the alternate to the Federal Cochairman, the staff
of the Federal Cochairman, and federal employees detailed to the
Commission under section 14306(a)(3) of this title.
Sec. 14302. Decisions
(a) Requirements for Approval.--Except as provided in section 14306(d)
of this title, decisions by the Appalachian Regional Commission require
the affirmative vote of the Federal Cochairman and of a majority of the
state members, exclusive of members representing States delinquent under
section 14306(d).
(b) Consultation.--In matters coming before the Commission, the
Federal Cochairman, to the extent practicable, shall consult with the
federal departments and agencies having an interest in the subject
matter.
(c) Decisions Requiring Quorum of State Members.--A decision involving
Commission policy, approval of state, regional or subregional
development plans or strategy statements, modification or revision of
the Appalachian Regional Commission Code, allocation of amounts among
the States, or designation of a distressed county
[[Page 116 STAT. 1258]]
or an economically strong county shall not be made without a quorum of
state members.
(d) Project and Grant Proposals.--The approval of project and grant
proposals is a responsibility of the Commission and shall be carried out
in accordance with section 14322 of this title.
Sec. 14303. Functions
(a) In General.--In carrying out the purposes of this subtitle, the
Appalachian Regional Commission shall--
(1) develop, on a continuing basis, comprehensive and
coordinated plans and programs and establish priorities under
those plans and programs, giving due consideration to other
federal, state, and local planning in the Appalachian region;
(2) conduct and sponsor investigations, research, and studies,
including an inventory and analysis of the resources of the
region, and, in cooperation with federal, state, and local
agencies, sponsor demonstration projects designed to foster
regional productivity and growth;
(3) review and study, in cooperation with the agency involved,
federal, state, and local public and private programs and, where
appropriate, recommend modifications or additions which will
increase their effectiveness in the region;
(4) formulate and recommend, where appropriate, interstate
compacts and other forms of interstate cooperation and work with
state and local agencies in developing appropriate model
legislation;
(5) encourage the formation of, and support, local development
districts;
(6) encourage private investment in industrial, commercial,
and recreational projects;
(7) serve as a focal point and coordinating unit for
Appalachian programs;
(8) provide a forum for consideration of problems of the
region and proposed solutions and establish and utilize, as
appropriate, citizens and special advisory councils and public
conferences;
(9) encourage the use of eco-industrial development
technologies and approaches; and
(10) seek to coordinate the economic development activities
of, and the use of economic development resources by, federal
agencies in the region.
(b) Identify Needs and Goals of Subregional Areas.--In carrying out
its functions under this section, the Commission shall identify the
characteristics of, and may distinguish between the needs and goals of,
appropriate subregional areas, including central, northern, and southern
Appalachia.
Sec. 14304. Recommendations
The Appalachian Regional Commission may make recommendations to the
President and to the Governors and appropriate local officials with
respect to--
(1) the expenditure of amounts by federal, state, and local
departments and agencies in the Appalachian region in the fields
of natural resources, agriculture, education, training, and
health and welfare and in other fields related to the purposes
of this subtitle; and
[[Page 116 STAT. 1259]]
(2) additional federal, state, and local legislation or
administrative actions as the Commission considers necessary to
further the purposes of this subtitle.
Sec. 14305. Liaison between Federal Government and Commission
(a) President.--The President shall provide effective and continuing
liaison between the Federal Government and the Appalachian Regional
Commission and a coordinated review within the Government of the plans
and recommendations submitted by the Commission pursuant to sections
14303 and 14304 of this title.
(b) Interagency Coordinating Council on Appalachia.--In carrying out
subsection (a), the President shall establish the Interagency
Coordinating Council on Appalachia, to be composed of the Federal
Cochairman and representatives of federal agencies that carry out
economic development programs in the Appalachian region. The Federal
Cochairman is the Chairperson of the Council.
Sec. 14306. Administrative powers and expenses
(a) Powers.--To carry out its duties under this subtitle, the
Appalachian Regional Commission may--
(1) adopt, amend, and repeal bylaws and regulations governing
the conduct of its business and the performance of its
functions;
(2) appoint and fix the compensation of an executive director
and other personnel as necessary to enable the Commission to
carry out its functions, except that the compensation shall not
exceed the maximum rate of basic pay for the Senior Executive
Service under section 5382 of title 5, including any applicable
locality-based comparability payment that may be authorized
under section 5304(h)(2)(C) of title 5;
(3) request the head of any federal department or agency to
detail to temporary duty with the Commission personnel within
the administrative jurisdiction of the head of the department or
agency that the Commission may need for carrying out its
functions, each detail to be without loss of seniority, pay, or
other employee status;
(4) arrange for the services of personnel from any state or
local government, subdivision or agency of a state or local
government, or intergovernmental agency;
(5)(A) make arrangements, including contracts, with any
participating state government for inclusion in a suitable
retirement and employee benefit system of Commission personnel
who may not be eligible for, or continue in, another
governmental retirement or employee benefit system; or
(B) otherwise provide for coverage of its personnel;
(6) accept, use, and dispose of gifts or donations of services
or any property;
(7) enter into and perform contracts, leases (including the
lease of office space for any term), cooperative agreements, or
other transactions, necessary in carrying out its functions, on
terms as it may consider appropriate, with any--
(A) department, agency, or instrumentality of the
Federal Government;
(B) State or political subdivision, agency, or
instrumentality of a State; or
(C) person;
[[Page 116 STAT. 1260]]
(8) maintain a temporary office in the District of Columbia
and establish a permanent office at a central and appropriate
location it may select and field offices at other places it may
consider appropriate; and
(9) take other actions and incur other expenses as may be
necessary or appropriate.
(b) Authorizations.--
(1) Detail employees.--The head of a federal department or
agency may detail personnel under subsection (a)(3).
(2) Enter into and perform transactions.--A department,
agency, or instrumentality of the Government, to the extent not
otherwise prohibited by law, may enter into and perform a
contract, lease, cooperative agreement, or other transaction
under subsection (a)(7).
(c) Retirement and Other Employee Benefit Programs.--The Director of
the Office of Personnel Management may contract with the Commission for
continued coverage of Commission employees, if the employees are federal
employees when they begin Commission employment, in the retirement
program and other employee benefit programs of the Government.
(d) Expenses.--Administrative expenses of the Commission shall be paid
equally by the Government and the States in the Appalachian region,
except that the expenses of the Federal Cochairman, the alternate to the
Federal Cochairman, and the staff of the Federal Cochairman shall be
paid only by the
Government. The Commission shall determine the amount to be paid by each
State. The Federal Cochairman shall not participate or vote in that
determination. Assistance authorized by this subtitle shall not be
furnished to any State or to any political subdivision or any resident
of any State, and a state member of the Commission shall not participate
or vote in any decision by the Commission, while the State is delinquent
in payment of its share of administrative expenses.
Sec. 14307. Meetings
(a) In General.--The Appalachian Regional Commission shall conduct at
least one meeting each year with the Federal Cochairman and at least a
majority of the state members present.
(b) Additional Meetings by Electronic Means.--The Commission may
conduct additional meetings by electronic means as the Commission
considers advisable, including meetings to decide matters requiring an
affirmative vote.
Sec. 14308. Information
(a) Actions of Commission.--To obtain information needed to carry out
its duties, the Appalachian Regional Commission shall--
(1) hold hearings, sit and act at times and places, take
testimony, receive evidence, and print or otherwise reproduce
and distribute so much of its proceedings and reports on the
proceedings as the Commission may deem advisable;
(2) arrange for the head of any federal, state, or local
department or agency to furnish to the Commission information as
may be available to or procurable by the department or agency;
and
(3) keep accurate and complete records of its doings and
transactions which shall be made available for--
(A) public inspection; and
[[Page 116 STAT. 1261]]
(B) audit and examination by the Comptroller General
or an authorized representative of the Comptroller
General.
(b) Authorizations.--
(1) Administer oaths.--A Cochairman of the Commission, or any
member of the Commission designated by the Commission, may
administer oaths when the Commission decides that testimony
shall be taken or evidence received under oath.
(2) Furnish information.--The head of any federal, state, or
local department or agency, to the extent not otherwise
prohibited by law, may carry out section (a)(2).
(c) Public Participation.--Public participation in the development,
revision, and implementation of all plans and programs under this
subtitle by the Commission, any State, or any local development district
shall be provided for, encouraged, and assisted. The Commission shall
develop and publish regulations specifying minimum guidelines for public
participation, including public hearings.
Sec. 14309. Personal financial interests
(a) Conflict of Interest.--
(1) No role allowed.--Except as permitted by paragraph (2), an
individual who is a state member or alternate, or an officer or
employee of the Appalachian Regional Commission, shall not
participate personally and substantially as a member, alternate,
officer, or employee in any way in any particular matter in
which, to the individual's knowledge, any of the following has a
financial interest:
(A) the individual.
(B) the individual's spouse, minor child, or partner.
(C) an organization (except a State or political
subdivision of a State) in which the individual is
serving as an officer, director, trustee, partner, or
employee.
(D) any person or organization with whom the
individual--
(i) is serving as an officer, director, trustee,
partner, or employee; or
(ii) is negotiating or has any arrangement
concerning prospective employment.
(2) Exception.--Paragraph (1) does not apply if the individual
first advises the Commission of the nature and circumstances of
the particular matter and makes full disclosure of the financial
interest and receives in advance a written decision of the
Commission that the interest is not so substantial as to be
considered likely to affect the integrity of the services which
the Commission may expect from the individual.
(3) Criminal penalty.--An individual violating this subsection
shall be fined under title 18, imprisoned for not more than two
years, or both.
(b) Additional Sources of Salary Disallowed.--
(1) State member or alternate.--A state member or alternate
may not receive any salary, or any contribution to, or
supplementation of, salary, for services on the Commission from
a source other than the State of the member or alternate.
(2) Individuals detailed to commission.--An individual
detailed to serve the Commission under section 14306(a)(4) of
this title may not receive any salary, or any contribution
[[Page 116 STAT. 1262]]
to, or supplementation of, salary, for services on the
Commission from a source other than the state, local, or
intergovernmental department or agency from which the individual
was detailed or from the Commission.
(3) Criminal penalty.--An individual violating this subsection
shall be fined under title 18, imprisoned for not more than one
year, or both.
(c) Federal Cochairman, Alternate to Federal Cochairman, and Federal
Officers and Employees.--The Federal Cochairman, the alternate to the
Federal Cochairman, and any federal officer or employee detailed to duty
with the Commission under section 14306(a)(3) of this title are not
subject to this section but remain subject to sections 202-209 of title
18.
(d) Rescission.--The Commission may declare void and rescind any
contract, loan, or grant of or by the Commission in relation to which it
finds that there has been a violation of subsection (a)(1) or (b) of
this section or any of the provisions of sections 202-209 of title 18.
Sec. 14310. Annual report
Not later than six months after the close of each fiscal year, the
Appalachian Regional Commission shall prepare and submit to the Governor
of each State in the Appalachian region and to the President, for
transmittal to Congress, a report on the activities carried out under
this subtitle during the fiscal year.
SUBCHAPTER II--FINANCIAL ASSISTANCE
Sec. 14321. Grants and other assistance
(a) Authorization To Make Grants.--
(1) In general.--The Appalachian Regional Commission may make
grants--
(A) for administrative expenses, including the
development of areawide plans or action programs and
technical assistance activities, of local development
districts, but--
(i) the amount of a grant shall not exceed 50
percent of administrative expenses or, at the
discretion of the Commission, 75 percent of
administrative expenses if the grant is to a local
development district that has a charter or
authority that includes the economic development
of a county or part of a county for which a
distressed county designation is in effect under
section 14526 of this title;
(ii) grants for administrative expenses shall
not be made for a state agency certified as a
local development district for a period of more
than three years beginning on the date the initial
grant is made for the development district; and
(iii) the local development district
contributions for administrative expenses may be
in cash or in kind, fairly evaluated, including
space, equipment, and services;
(B) for assistance to States for a period of not more
than two years to strengthen the state development
planning process for the
Appalachian region and the coordination of state planning under this
subtitle, the Public Works
[[Page 116 STAT. 1263]]
and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.), and other
federal and state programs; and
(C) for investigation, research, studies, evaluations,
and assessments of needs, potentials, or attainments of
the people of the region, technical assistance, training
programs, demonstrations, and the construction of
necessary facilities incident to those activities, which
will further the purposes of this subtitle.
(2) Limitation on available amounts.--
(A) In general.--Except as provided in subparagraph
(B), not more than 50 percent (or 80 percent in the case
of a project to be carried out in a county for which a
distressed county designation is in effect under section
14526 of this title) of the cost of any activity
eligible for financial assistance under this section may
be provided from amounts appropriated to carry out this
subtitle.
(B) Discretionary grants.--
(i) Grants to which percentage limitation
doesn't apply.--Discretionary grants made by the
Commission to implement significant regional
initiatives, to take advantage of special
development opportunities, or to respond to
emergency economic distress in the region may be
made without regard to the percentage limitations
specified in subparagraph (A).
(ii) Limitation on aggregate amount.--For each
fiscal year, the aggregate amount of discretionary
grants referred to in clause (i) shall not be more
than 10 percent of the amount appropriated under
section 14703 of this title for the fiscal year.
(3) Sources of grants.--Grant amounts may be provided entirely
from appropriations to carry out this section, in combination
with amounts available under other federal or federal grant
programs, or from any other source.
(4) Federal share.--Notwithstanding any law limiting the
federal share in any other federal or federal grant program,
amounts appropriated to carry out this section may be used to
increase that federal share, as the Commission decides is
appropriate.
(b) Assistance for Demonstrations of Enterprise Development.--
(1) In general.--The Commission may provide assistance under
this section for demonstrations of enterprise development,
including site acquisition or development where necessary for
the feasibility of the project, in connection with the
development of the region's energy resources and the development
and stimulation of indigenous arts and crafts of the region.
(2) Cooperation by federal agencies.--In carrying out the
purposes of this subtitle and in implementing this section, the
Secretary of Energy, the Environmental Protection Agency, and
other federal agencies shall cooperate with the Commission and
shall provide assistance that the Federal Cochairman may
request.
(3) Available amounts.--In any fiscal year, not more than--
(A) $3,000,000 shall be obligated for energy resource
related demonstrations; and
[[Page 116 STAT. 1264]]
(B) $2,500,000 shall be obligated for indigenous arts
and crafts demonstrations.
(c) Records.--
(1) Commission.--The Commission, as required by the President,
shall maintain accurate and complete records of transactions and
activities financed with federal amounts and report to the
President on the transactions and activities. The records of the
Commission with respect to grants are available for audit by the
President and the Comptroller General.
(2) Recipients of federal assistance.--Recipients of federal
assistance under this section, as required by the Commission,
shall maintain accurate and complete records of transactions and
activities financed with federal amounts and report to the
Commission on the transactions and activities. The records are
be available for audit by the President, the Comptroller
General, and the Commission.
Sec. 14322. Approval of development plans, strategy statements, and
projects
(a) Annual Review and Approval Required.--The Appalachian Regional
Commission annually shall review and approve, in accordance with section
14302 of this title, state and regional development plans and strategy
statements, and any multistate subregional plans which may be developed.
(b) Application Process.--An application for a grant or for other
assistance for a specific project under this subtitle shall be made
through the state member of the Commission representing the applicant.
The state member shall evaluate the application for approval. To be
approved, the state member must certify, and the Federal Cochairman must
determine, that the application--
(1) implements the Commission-approved state development plan;
(2) is included in the Commission-approved strategy statement;
(3) adequately ensures that the project will be properly
administered, operated, and maintained; and
(4) otherwise meets the requirements for assistance under this
subtitle.
(c) Affirmative Vote Requirement Deemed Met.--After the appropriate
state development plan and strategy statement are approved,
certification by a state member, when joined by an affirmative vote of
the Federal Cochairman, is deemed to satisfy the requirements for
affirmative votes for decisions under section 14302(a) of this title.
CHAPTER 145--SPECIAL APPALACHIAN PROGRAMS
SUBCHAPTER I--PROGRAMS
Sec.
14501. Appalachian development highway system.
14502. Demonstration health projects.
14503. Assistance for proposed low- and middle-income housing projects.
14504. Telecommunications and technology initiative.
14505. Entrepreneurship initiative.
14506. Regional skills partnerships.
14507. Supplements to federal grant programs.
SUBCHAPTER II--ADMINISTRATIVE
14521. Required level of expenditure.
[[Page 116 STAT. 1265]]
14522. Consent of States.
14523. Program implementation.
14524. Program development criteria.
14525. State development planning process.
14526. Distressed and economically strong counties.
SUBCHAPTER I--PROGRAMS
Sec. 14501. Appalachian development highway system
(a) Purpose.--To provide a highway system which, in conjunction with
the Interstate System and other Federal-aid highways in the Appalachian
region, will open up an area with a developmental potential where
commerce and communication have been inhibited by lack of adequate
access, the Secretary of Transportation may assist in the construction
of an Appalachian development highway system and local access roads
serving the Appalachian region. Construction on the development highway
system shall not be more than 3,025 miles. There shall not be more than
1,400 miles of local access roads that serve specific recreational,
residential, educational, commercial, industrial, or similar facilities
or facilitate a school consolidation program.
(b) Commission Designations.--
(1) What is to be designated.--The Appalachian Regional
Commission shall transmit to the Secretary its designations of--
(A) the general corridor location and termini of the
development highways;
(B) local access roads to be constructed;
(C) priorities for the construction of segments of the
development highways; and
(D) other criteria for the program authorized by this
section.
(2) State transportation department recommendation required.--
Before a state member participates in or votes on
designations, the member must obtain the recommendations of the state
transportation department of the State which the member represents.
(c) Addition to Federal-aid Primary System.--When completed, each
development highway not already on the Federal-aid primary system shall
be added to the system.
(d) Use of Specific Materials and Products.--
(1) Indigenous materials and products.--In the construction of
highways and roads authorized under this section, a State may
give special preference to the use of materials and products
indigenous to the Appalachian region.
(2) Coal derivatives.--For research and development in the use
of coal and coal products in highway construction and
maintenance, the Secretary may require each participating State,
to the maximum extent possible, to use coal derivatives in the
construction of not more than 10 percent of the roads authorized
under this subtitle.
(e) Federal Share.--Federal assistance to any construction project
under this section shall not be more than 80 percent of the cost of the
project.
(f) Construction Without Federal Amounts.--
(1) Payment of federal share.--When a participating State
constructs a segment of a development highway without the aid of
federal amounts and the construction is in accordance
[[Page 116 STAT. 1266]]
with all procedures and requirements applicable to the
construction of segments of Appalachian development highways
with those amounts, except for procedures and requirements that
limit a State to the construction of projects for which federal
amounts have previously been appropriated, the Secretary, on
application by the State and with the approval of the
Commission, may pay to the State the federal share, which shall
not be more than 80 percent of the cost of the construction of
the segment, from any amounts appropriated and allocated to the
State to carry out this section.
(2) No commitment or obligation.--This subsection does not
commit or obligate the Federal Government to provide amounts for
segments of development highways constructed under this
subsection.
(g) Application of Title 23.--
(1) Sections 106(a) and 118.--Sections 106(a) and 118 of title
23 apply to the development highway system and the local access
roads.
(2) Construction and maintenance.--States are required to
maintain each development highway and local access road as
provided for Federal-aid highways in title 23. All other
provisions of title 23 that are applicable to the construction
and maintenance of Federal-aid primary and secondary highways
and which the Secretary decides are not inconsistent with this
subtitle shall apply to the system and roads, respectively.
Sec. 14502. Demonstration health projects
(a) Purpose.--To demonstrate the value of adequate health facilities
and services to the economic development of the Appalachian region, the
Secretary of Health and Human Services may make grants for the planning,
construction, equipment, and operation of multi-county demonstration
health, nutrition, and child care projects, including hospitals,
regional health diagnostic and treatment centers, and other facilities
and services necessary for the purposes of this section.
(b) Planning Grants.--
(1) Authority to provide amounts and make grants.--The
Secretary may provide amounts to the Appalachian Regional
Commission for the support of its Health Advisory Committee and
may make grants for expenses of planning necessary for the
development and operation of demonstration health projects for
the region.
(2) Limitation on available amounts.--The amount of a grant
under this section for planning shall not be more than 75
percent of expenses.
(3) Sources of assistance.--The federal contribution may be
provided entirely from amounts authorized under this section or
in combination with amounts provided under other federal or
federal grant programs.
(4) Federal share.--Notwithstanding any provision of law
limiting the federal share in those other programs, amounts
appropriated to carry out this section may be used to increase
the federal share to the maximum percentage cost of a grant
authorized by this subsection.
(c) Construction and Equipment Grants.--
[[Page 116 STAT. 1267]]
(1) Additional uses for construction grants.--Grants under
this section for construction may also be used for--
(A) the acquisition of privately owned facilities--
(i) not operated for profit; or
(ii) previously operated for profit if the
Commission finds that health services would not
otherwise be provided in the area served by the
facility if the acquisition is not made; and
(B) initial equipment.
(2) Standards for making grants.--Grants under this section
for construction shall be made in accordance with section 14523
of this title and shall not be incompatible with the applicable
provisions of title VI of the Public Health Service Act (42
U.S.C. 291 et seq.), the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and
other laws authorizing grants for the construction of health-
related facilities, without regard to any provisions in those
laws relating to appropriation authorization ceilings or to
allotments among the States.
(3) Limitation on available amounts.--A grant for the
construction or equipment of any component of a demonstration
health project shall not be more than 80 percent of the cost.
(4) Sources of assistance.--The federal contribution may be
provided entirely from amounts authorized under this section or
in combination with amounts provided under other federal grant
programs for the construction or equipment of health-related
facilities.
(5) Federal share.--Notwithstanding any provision of law
limiting the federal share in those other programs, amounts
authorized under this section may be used to increase federal
grants for component facilities of a demonstration health
project to a maximum of 80 percent of the cost of the
facilities.
(d) Operation Grants.--
(1) Standards for making grants.--A grant for the operation of
a demonstration health project shall not be made--
(A) unless the facility is publicly owned, or owned by
a public or private nonprofit organization, and is not
operated for profit;
(B) after five years following the commencement of the
initial grant for operation of the project, except that
child development demonstrations assisted under this
section during fiscal year 1979 may be approved under
section 14322 of this title for continued support beyond
that period, on request of the State, if the Commission
finds that no federal, state, or local amounts are
available to continue the project; and
(C) unless the Secretary of Health and Human Services
is satisfied that the operation of the project will be
conducted under efficient management practices designed
to obviate operating deficits.
(2) Limitation on available amounts.--Grants under this
section for the operation (including initial operating amounts
and operating deficits, which include the cost of attracting,
training, and retaining qualified personnel) of a demonstration
health project, whether or not constructed with amounts
authorized by this section, may be made for up to 50 percent of
the cost of that operation (or 80 percent of the cost of that
[[Page 116 STAT. 1268]]
operation for a project to be carried out in a county for which
a distressed county designation is in effect under section 14526
of this title).
(3) Sources of assistance.--The federal contribution may be
provided entirely from amounts appropriated to carry out this
section or in combination with amounts provided under other
federal grant programs for the operation of health related
facilities and the provision of health and child development
services, including parts A and B of title IV and title XX of
the Social Security Act (42 U.S.C. 601 et seq., 620 et seq.,
1397 et seq.).
(4) Federal share.--Notwithstanding any provision of law
limiting the federal share in those other programs, amounts
appropriated to carry out this section may be used to increase
federal grants for operating components of a demonstration
health project to the maximum percentage cost of a grant
authorized by this subsection.
(5) State deemed to meet requirement of providing assistance
or services on statewide basis.--Notwithstanding any provision
of the Social Security Act (42 U.S.C. 301 et seq.) requiring
assistance or services on a statewide basis, a State providing
assistance or services under a federal grant program described
in paragraph (2) in any area of the region approved by the
Commission is deemed to be meeting that requirement.
(e) Grant Sources and Use of Grants in Computing Allotments.--Grants
under this section--
(1) shall be made only out of amounts specifically
appropriated for the purpose of carrying out this subtitle; and
(2) shall not be taken into account in computing allotments
among the States under any other law.
(f) Maximum Commission Contribution.--
(1) In general.--Subject to paragraph (2), the Commission may
contribute not more than 50 percent of any project cost eligible
for financial assistance under this section from amounts
appropriated to carry out this subtitle.
(2) Distressed counties.--The maximum Commission contribution
for a project to be carried out in a county for which a
distressed county designation is in effect under section 14526
of this title may be increased to the lesser of--
(A) 80 percent; or
(B) the maximum federal contribution percentage
authorized by this section.
(g) Emphasis on Occupational Diseases From Coal Mining.--To provide
for the further development of the Appalachian region's human resources,
grants under this section shall give special emphasis to programs and
research for the early detection, diagnosis, and treatment of
occupational diseases arising from coal mining, such as black lung.
Sec. 14503. Assistance for proposed low- and middle-income housing
projects
(a) Appalachian Housing Fund.--
(1) Establishment.--There is an Appalachian Housing Fund.
(2) Source and use of amounts in fund.--Amounts allocated to
the Secretary of Housing and Urban Development for the purposes
of this section shall be deposited in the Fund.
[[Page 116 STAT. 1269]]
The Secretary shall use the Fund as a revolving fund to carry
out those purposes. Amounts in the Fund not needed for current
operation may be invested in bonds or other obligations the
Federal Government guarantees as to principal and interest.
General expenses of administration of this section may be
charged to the Fund.
(b) Purpose.--To encourage and facilitate the construction or
rehabilitation of housing to meet the needs of low- and moderate-income
families and individuals, the Secretary may make grants and loans from
the Fund, under terms and conditions the Secretary may prescribe. The
grants and loans may be made to nonprofit, limited dividend, or
cooperative organizations and public bodies and are for planning and
obtaining federally insured mortgage financing or other financial
assistance for housing construction or rehabilitation projects for low-
and moderate-income families and individuals, in any area of the
Appalachian region the Appalachian Regional Commission establishes,
under--
(1) section 221 of the National Housing Act (12 U.S.C. 1715l);
(2) section 8 of the United States Housing Act of 1937 (42
U.S.C. 1437f);
(3) section 515 of the Housing Act of 1949 (42 U.S.C. 1485);
or
(4) any other law of similar purpose administered by the
Secretary or any other department, agency, or instrumentality of
the Federal Government or a state government.
(c) Providing Amounts to States for Grants and Loans.--The Secretary
or the Commission may provide amounts to the States for making grants
and loans to nonprofit, limited dividend, or cooperative organizations
and public bodies for the purposes for which the Secretary may provide
amounts under this section.
(d) Loans.--
(1) Limitation on available amounts.--A loan under subsection
(b) shall not be more than 50 percent (or 80 percent for a
project to be carried out in a county for which a distressed
county designation is in effect under section 14526 of this
title) of the cost of planning and obtaining financing for a
project, including preliminary surveys and analyses of market
needs, preliminary site engineering and architectural fees, site
options, application and mortgage commitment fees, legal fees,
and construction loan fees and discounts.
(2) Interest.--A loan shall be made without interest, except
that a loan made to an organization established for profit shall
bear interest at the prevailing market rate authorized for an
insured or guaranteed loan for that type of project.
(3) Payment.--The Secretary shall require payment of a loan
made under this section, under terms and conditions the
Secretary may require, no later than on completion of the
project. Except for a loan to an organization established for
profit, the Secretary may cancel any part of a loan made under
this section on determining that a permanent loan to finance the
project cannot be obtained in an amount adequate for repayment
of a loan made under this section.
(e) Grants.--
(1) In general.--A grant under this section shall not be made
to an organization established for profit and, except as
provided in paragraph (2), shall not exceed 50 percent (or 80
percent for a project to be carried out in a county for
[[Page 116 STAT. 1270]]
which a distressed county designation is in effect under section
14526 of this title) of expenses, incident to planning and
obtaining financing for a project, which the Secretary considers
not to be recoverable from the proceeds of a permanent loan made
to finance the project.
(2) Site development costs and offsite improvements.--The
Secretary may make grants and commitments for grants, and may
advance amounts under terms and conditions the Secretary may
require, to nonprofit, limited dividend, or cooperative
organizations and public bodies for reasonable site development
costs and necessary offsite improvements, such as sewer and
water line extensions, when the grant, commitment, or advance is
essential to the economic feasibility of a housing construction
or rehabilitation project for low- and moderate-income families
and individuals which otherwise meets the requirements for
assistance under this section. A grant under this paragraph
for--
(A) the construction of housing shall not be more than
10 percent of the cost of the project; and
(B) the rehabilitation of housing shall not be more
than 10 percent of the reasonable value of the
rehabilitation housing, as determined by the Secretary.
(f) Information, Advice, and Technical Assistance.--The Secretary or
the Commission may provide, or contract with public or private
organizations
to provide, information, advice, and technical assistance with respect
to the construction, rehabilitation, and operation by nonprofit
organizations of housing for low- or moderate- income families in areas
of the region the Commission establishes.
(g) Application of Certain Provisions.--Programs and projects assisted
under this section are subject to the provisions cited in section 14701
of this title to the extent provided in the laws authorizing assistance
for low- and moderate-income housing.
Sec. 14504. Telecommunications and technology initiative
(a) Projects To Be Assisted.--The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts, or
otherwise provide amounts to persons or entities in the region for
projects--
(1) to increase affordable access to advanced
telecommunications, entrepreneurship, and management
technologies or applications in the region;
(2) to provide education and training in the use of
telecommunications and technology;
(3) to develop programs to increase the readiness of industry
groups and businesses in the region to engage in electronic
commerce; or
(4) to support entrepreneurial opportunities for businesses in
the information technology sector.
(b) Limitation on Available Amounts.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for which
a distressed county designation is in effect under section 14526 of this
title) of the cost of any activity eligible for a grant under this
section may be provided from amounts appropriated to carry out this
section.
(c) Sources of Assistance.--Assistance under this section may be
provided entirely from amounts made available to carry out
[[Page 116 STAT. 1271]]
this section, in combination with amounts made available under other
federal programs, or from any other source.
(d) Federal Share.--Notwithstanding any provision of law limiting the
federal share under any other federal program, amounts made available to
carry out this section may be used to increase that federal share, as
the Commission decides is appropriate.
Sec. 14505. Entrepreneurship initiative
(a) Business Incubator Service.--In this section, the term ``business
incubator service'' means a professional or technical service necessary
for the initiation and initial sustainment of the operations of a newly
established business, including a service such as--
(1) a legal service, including aid in preparing a corporate
charter, partnership agreement, or basic contract;
(2) a service in support of the protection of intellectual
property through a patent, a trademark, or any other means;
(3) a service in support of the acquisition and use of
advanced technology, including the use of Internet services and
Web-based services; and
(4) consultation on strategic planning, marketing, or
advertising.
(b) Projects To Be Assisted.--The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts, or
otherwise provide amounts to persons or entities in the region for
projects--
(1) to support the advancement of, and provide,
entrepreneurial training and education for youths, students, and
businesspersons;
(2) to improve access to debt and equity capital by such means
as facilitating the establishment of development venture capital
funds;
(3) to aid communities in identifying, developing, and
implementing development strategies for various sectors of the
economy;
(4) to develop a working network of business incubators; and
(5) to support entities that provide business incubator
services.
(c) Limitation on Available Amounts.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for which
a distressed county designation is in effect under section 14526 of this
title) of the cost of any activity eligible for a grant under this
section may be provided from amounts appropriated to carry out this
section.
(d) Sources of Assistance.--Assistance under this section may be
provided entirely from amounts made available to carry out this section,
in combination with amounts made available under other federal programs,
or from any other source.
(e) Federal Share.--Notwithstanding any provision of law limiting the
federal share under any other federal program, amounts made available to
carry out this section may be used to increase that federal share, as
the Commission decides is appropriate.
Sec. 14506. Regional skills partnerships
(a) Eligible Entity.--In this section, the term ``eligible entity''
means a consortium that--
[[Page 116 STAT. 1272]]
(1) is established to serve one or more industries in a
specified geographic area; and
(2) consists of representatives of--
(A) businesses (or a nonprofit organization that
represents businesses);
(B) labor organizations;
(C) State and local governments; or
(D) educational institutions.
(b) Projects To Be Assisted.--The Appalachian Regional Commission may
provide technical assistance, make grants, enter into contracts, or
otherwise provide amounts to eligible entities in the region for
projects to improve the job skills of workers for a specified industry,
including projects for--
(1) the assessment of training and job skill needs for the
industry;
(2) the development of curricula and training methods,
including, in appropriate cases, electronic learning or
technology-based training;
(3) the identification of training providers;
(4) the development of partnerships between the industry and
educational institutions, including community colleges;
(5) the development of apprenticeship programs;
(6) the development of training programs for workers,
including dislocated workers; and
(7) the development of training plans for businesses.
(c) Administrative Costs.--An eligible entity may use not more than 10
percent of amounts made available to the eligible entity under
subsection (b) to pay administrative costs associated with the projects
described in subsection (b).
(d) Limitation on Available Amounts.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for which
a distressed county designation is in effect under section 14526 of this
title) of the cost of any activity eligible for a grant under this
section may be provided from amounts appropriated to carry out this
section.
(e) Sources of Assistance.--Assistance under this section may be
provided entirely from amounts made available to carry out this section,
in combination with amounts made available under other federal programs,
or from any other source.
(f) Federal Share.--Notwithstanding any provision of law limiting the
federal share under any other federal program, amounts made available to
carry out this section may be used to increase that Federal share, as
the Commission decides is appropriate.
Sec. 14507. Supplements to federal grant programs
(a) Definition.--
(1) Federal grant programs.--In this section, the term
``federal grant programs''--
(A) means any federal grant program that provides
assistance for the acquisition or development of land,
the construction or equipment of facilities, or other
community or economic development or economic adjustment
activities, including a federal grant program authorized
by--
(i) the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.);
(ii) the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 et seq.);
[[Page 116 STAT. 1273]]
(iii) the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1001 et seq.);
(iv) the Carl D. Perkins Vocational and
Technical Education Act of 1998 (20 U.S.C. 2301 et
seq.);
(v) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) (known as the Clean Water
Act);
(vi) title VI of the Public Health Services Act
(42 U.S.C. 291 et seq.);
(vii) sections 201 and 209 of the Public Works
and Economic Development Act of 1965 (42 U.S.C.
3141, 3149);
(viii) title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.);
and
(ix) part IV of title III of the Communications
Act of 1934 (47 U.S.C. 390 et seq.); but
(B) does not include--
(i) the program for the construction of the
development highway system authorized by section
14501 of this title or any other program relating
to highway or road construction authorized by
title 23; or
(ii) any other program to the extent that
financial assistance other than a grant is
authorized.
(2) Certain sewage treatment works deemed constructed with
federal grant assistance.--For the purpose of this section, any
sewage treatment works constructed pursuant to title II of the
Federal Water Pollution Control Act (33 U.S.C. 1281 et seq.)
(known as the Clean Water Act) without federal grant assistance
under that title is deemed to be constructed with that
assistance.
(b) Purpose.--To enable the people, States, and local communities of
the Appalachian region, including local development districts, to take
maximum advantage of federal grant programs for which they are eligible
but for which, because of their economic situation, they cannot supply
the required matching share, or for which there are insufficient amounts
available under the federal law authorizing the programs to meet
pressing needs of the region, the Federal Cochairman may use amounts
made available to carry out this section--
(1) for any part of the basic federal contribution to projects
or activities under the federal grant programs authorized by
federal laws; and
(2) to increase the federal contribution to projects and
activities under the programs above the fixed maximum part of
the cost of the projects or activities otherwise authorized by
the applicable law.
(c) Certification Required.--For a program, project, or activity for
which any part of the basic federal contribution to the project or
activity under a federal grant program is proposed to be made under
subsection (b), the contribution shall not be made until the responsible
federal official administering the federal law authorizing the
contribution certifies that the program, project, or activity meets the
applicable requirements of the federal law and could be approved for
federal contribution under that law if amounts were available under the
law for the program, project, or activity.
(d) Limitations in Other Laws Inapplicable.--Amounts provided pursuant
to this subtitle are available without regard to
[[Page 116 STAT. 1274]]
any limitations on areas eligible for assistance or authorizations for
appropriation in any other law.
(e) Acceptance of Certain Material.--For a supplemental grant for a
project or activity under a federal grant program, the Federal
Cochairman shall accept any finding, report, certification, or
documentation required to be submitted to the head of the department,
agency, or instrumentality of the Federal Government responsible for the
administration of the program.
(f) Federal Share.--The federal portion of the cost of a project or
activity shall not--
(1) be increased to more than the percentages the Commission
establishes; nor
(2) be more than 80 percent of the cost.
(g) Maximum Commission Contribution.--
(1) In general.--Subject to paragraph (2), the Commission may
contribute not more than 50 percent of a project or activity
cost eligible for financial assistance under this section from
amounts appropriated to carry out this subtitle.
(2) Distressed counties.--The maximum Commission contribution
for a project or activity to be carried out in a county for
which a distressed county designation is in effect under section
14526 of this title may be increased to 80 percent.
SUBCHAPTER II--ADMINISTRATIVE
Sec. 14521. Required level of expenditure
A State or political subdivision of a State is not eligible to receive
benefits under this subtitle unless the aggregate expenditure of state
amounts, except expenditures for participation in the Dwight D.
Eisenhower System of Interstate and Defense Highways and local and
federal amounts, for the benefit of the area within the State located in
the Appalachian region is maintained at a level which does not fall
below the average level of those expenditures for the State's last two
full fiscal years prior to March 9, 1965. In computing the level, a
State's past expenditure for participation in the Dwight D. Eisenhower
System of Interstate and Defense Highways and expenditures of local and
federal amounts shall not be included. The Commission shall recommend to
the President a lesser requirement when it finds that a substantial
population decrease in that part of a State which lies within the region
would not justify a state expenditure equal to the average level of the
last two years or when it finds that a State's average level of
expenditure in an individual program has been disproportionate to the
present need for that part of the State.
Sec. 14522. Consent of States
This subtitle does not require a State to engage in or accept a
program under this subtitle without its consent.
Sec. 14523. Program implementation
(a) Requirements.--A program or project authorized under this chapter
shall not be implemented until--
(1) the responsible federal official has decided that
applications and plans relating to the program or project are
not incompatible with the provisions and objectives of federal
laws that the official administers that are not inconsistent
with this subtitle; and
[[Page 116 STAT. 1275]]
(2) the Appalachian Regional Commission has approved the
program or project and has determined that it--
(A) meets the applicable criteria under section 14524
of this title and the requirements of the development
planning process under section 14525 of this title; and
(B) will contribute to the development of the
Appalachian region.
(b) Decision Is Controlling.--A decision under subsection (a)(2) is
controlling and shall be accepted by the federal agencies.
Sec. 14524. Program development criteria
(a) Factors To Be Considered.--In considering programs and projects to
be given assistance under this subtitle, and in establishing a priority
ranking of the requests for assistance presented to the Appalachian
Regional Commission, the Commission shall follow procedures that will
ensure consideration of--
(1) the relationship of the project or class of projects to
overall regional development, including its location in a
severely and persistently distressed county or area;
(2) the population and area to be served by the project or
class of projects, including the per capita market income and
the unemployment rates in the area;
(3) the relative financial resources available to the State or
political subdivisions or instrumentalities of the State that
seek to undertake the project;
(4) the importance of the project or class of projects in
relation to other projects or classes of projects that may be in
competition for the same amounts;
(5) the prospects that the project for which assistance is
sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic and social development of the area
served by the project; and
(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures may be
evaluated.
(b) Limitation on Use.--Financial assistance made available under this
subtitle shall not be used to assist establishments relocating from one
area to another.
(c) Determination Required Before Amounts May Be Provided.--Amounts
may be provided for programs and projects in a State under this subtitle
only if the Commission determines that the level of federal and state
financial assistance under other laws for the same type of programs or
projects in that part of the State within the Appalachian region will
not be diminished in order to substitute amounts authorized by this
subtitle.
(d) Minimum Amount of Assistance to Distressed Counties and Areas.--
For each fiscal year, not less than 50 percent of the amount of grant
expenditures the Commission approves shall support activities or
projects that benefit severely and persistently distressed counties and
areas.
Sec. 14525. State development planning process
(a) State Development Plan.--Pursuant to policies the Appalachian
Regional Commission establishes, each state member shall submit a
development plan for the area of the State within the Appalachian
region. The plan shall--
[[Page 116 STAT. 1276]]
(1) be submitted according to a schedule the Commission
prescribes;
(2) reflect the goals, objectives, and priorities identified
in the regional development plan and in any subregional
development plan that may be approved for the subregion of which
the State is a part;
(3) describe the state organization and continuous process for
Appalachian development planning, including--
(A) the procedures established by the State for the
participation of local development districts in the
process;
(B) how the process is related to overall statewide
planning and budgeting processes; and
(C) the method of coordinating planning and projects
in the region under this subtitle, the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.), and other federal, state, and local programs;
(4) set forth the goals, objectives, and priorities of the
State for the region, as established by the Governor, and
identify the needs on which the goals, objectives, and
priorities are based; and
(5) describe the development strategies for achieving the
goals, objectives, and priorities, including funding sources,
and recommendations for specific projects to receive assistance
under this subtitle.
(b) Areawide Action Programs.--The Commission shall encourage the
preparation and execution of areawide action programs that specify
interrelated projects and schedules of actions, the necessary agency
funding, and other commitments to implement the programs. The programs
shall make appropriate use of existing plans affecting the area.
(c) Local Development Districts.--Local development districts
certified by the State as described in section 14102(a)(2) of this title
provide the linkage between state and substate planning and development.
The districts shall assist the States in the coordination of areawide
programs and projects and may prepare and adopt areawide plans or action
programs. In carrying out the development planning process, including
the selection of programs and projects for assistance, States shall
consult with local development districts, local units of government, and
citizen groups and shall consider the goals, objectives, priorities, and
recommendations of those bodies.
(d) Federal Responsibilities.--To the maximum extent practicable,
federal departments, agencies, and instrumentalities undertaking or
providing financial assistance for programs or projects in the region
shall--
(1) take into account the policies, goals, and objectives the
Commission and its member States establish pursuant to this
subtitle;
(2) recognize Appalachian state development strategies
approved by the Commission as satisfying requirements for
overall economic development planning under the programs or
projects; and
(3) accept the boundaries and organization of any local
development district certified under this subtitle that the
Governor may designate as the areawide agency required under any
of those programs undertaken or assisted by those federal
departments, agencies, and instrumentalities.
[[Page 116 STAT. 1277]]
Sec. 14526. Distressed and economically strong counties
(a) Designations.--
(1) In general.--The Appalachian Regional Commission, in
accordance with criteria the Commission may establish, each year
shall--
(A) designate as ``distressed counties'' those
counties in the Appalachian region that are the most
severely and persistently distressed; and
(B) designate two categories of economically strong
counties, consisting of--
(i) ``competitive counties'', which shall be
those counties in the region that are approaching
economic parity with the rest of the United
States; and
(ii) ``attainment counties'', which shall be
those counties in the region that have attained or
exceeded economic parity with the rest of the
United States.
(2) Annual review of designations.--The Commission shall--
(A) conduct an annual review of each designation of a
county under paragraph (1) to determine if the county
still meets the criteria for the designation; and
(B) renew the designation for another one-year period
only if the county still meets the criteria.
(b) Distressed Counties.--In program and project development and
implementation and in the allocation of appropriations made available to
carry out this subtitle, the Commission shall give special consideration
to the needs of counties for which a distressed county designation is in
effect under this section.
(c) Economically Strong Counties.--
(1) Competitive counties.--Except as provided in paragraphs
(3) and (4), assistance under this subtitle for a project that
is carried out in a county for which a competitive county
designation is in effect under this section shall not be more
than 30 percent of the project cost.
(2) Attainment counties.--Except as provided in paragraphs (3)
and (4), amounts may not be provided under this subtitle for a
project that is carried out in a county for which an attainment
county designation is in effect under this section.
(3) Exceptions.--Paragraphs (1) and (2) do not apply to--
(A) a project on the Appalachian development highway
system authorized by section 14501 of this title;
(B) a local development district administrative
project assisted under section 14321(a)(1)(A) of this
title; or
(C) a multicounty project that is carried out in at
least two counties designated under this section if--
(i) at least one of the participating counties
is designated as a distressed county under this
section; and
(ii) the project will be of substantial direct
benefit to at least one distressed county.
(4) Waiver.--
(A) In general.--The Commission may waive the
requirements of paragraphs (1) and (2) for a project
when the recipient of assistance for the project shows
the existence of any of the following:
(i) a significant pocket of distress in the part
of the county in which the project is carried out.
[[Page 116 STAT. 1278]]
(ii) a significant potential benefit from the
project in at least one area of the region outside
the designated county.
(B) Reports to congress.--The Commission shall submit
to the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an annual
report describing each waiver granted under subparagraph
(A) during the period covered by the report.
CHAPTER 147--MISCELLANEOUS
Sec.
14701. Applicable labor standards.
14702. Nondiscrimination.
14703. Authorization of appropriations.
14704. Termination.
Sec. 14701. Applicable labor standards
All laborers and mechanics employed by contractors or subcontractors
in the construction, alteration, or repair, including painting and
decorating, of projects, buildings, and works which are financially
assisted through federal amounts authorized under this subtitle shall be
paid wages at rates not less than those prevailing on similar
construction in the locality as the Secretary of Labor determines in
accordance with sections 3141-3144, 3146, and 3147 of this title. With
respect to those labor standards, the Secretary has the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (eff. May
24, 1950, 64 Stat. 1267) and section 3145 of this title.
Sec. 14702. Nondiscrimination
An individual in the United States shall not, because of sex, be
excluded from participation in, be denied the benefits of, or be
subjected to discrimination under, a program or activity receiving
federal financial assistance under this subtitle.
Sec. 14703. Authorization of appropriations
(a) In General.--In addition to amounts authorized by section 14501 of
this title and other amounts made available for the Appalachian
development highway system program, the following amounts may be
appropriated to the Appalachian Regional Commission to carry out this
subtitle:
(1) $88,000,000 for each of the fiscal years 2002-2004.
(2) $90,000,000 for fiscal year 2005.
(3) $92,000,000 for fiscal year 2006.
(b) Telecommunications and Technology Initiative.--Of the amounts made
available under subsection (a), the following amounts are available to
carry out section 14504 of this title:
(1) $10,000,000 for fiscal year 2002.
(2) $8,000,000 for fiscal year 2003.
(3) $5,000,000 for each of the fiscal years 2004-2006.
(c) Availability.--Amounts made available under subsection (a) remain
available until expended.
Sec. 14704. Termination
This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases
to be in effect on October 1, 2006.
[[Page 116 STAT. 1279]]
SUBTITLE V--MISCELLANEOUS
Chapter Sec.
SAFETY STANDARDS FOR MOTOR VEHICLES 17101
GOVERNMENT LOSSES IN SHIPMENT 17301
FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL 17501
ALASKA COMMUNICATIONS DISPOSAL 17701
ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP 17901
TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED 18101
AND SPEECH-IMPAIRED INDIVIDUALS
NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS 18301
CHAPTER 171--SAFETY STANDARDS FOR MOTOR VEHICLES
Sec.
17101. Definitions.
17102. Prohibition on acquisition or purchase of motor vehicles by
Federal Government.
17103. Commercial standards for passenger safety devices.
Sec. 17101. Definitions
In this chapter, the following definitions apply:
(1) Federal government.--The term ``Federal Government''
includes the government of the District of Columbia.
(2) Motor vehicle.--The term ``motor vehicle'' means a
vehicle, self-propelled or drawn by mechanical power, designed
for use on the highways principally for the transportation of
passengers, except a vehicle designed or used for military field
training, combat, or tactical purposes.
Sec. 17102. Prohibition on acquisition or purchase of motor vehicles by
Federal Government
The Federal Government shall not purchase a motor vehicle for use by
the Government unless that motor vehicle is equipped with reasonable
passenger safety devices that the Administrator of General Services
requires. Those devices shall conform with standards the Administrator
prescribes under section 17103 of this title.
Sec. 17103. Commercial standards for passenger safety devices
The Administrator of General Services shall prescribe and publish in
the Federal Register commercial standards for passenger safety devices
the Administrator requires under section 17102 of this title. Changes in
the standards take effect one year and 90 days after the publication of
the standards in the Federal Register.
CHAPTER 173--GOVERNMENT LOSSES IN SHIPMENT
Sec.
17301. Definitions.
17302. Compliance.
17303. Fund for the payment of Government losses in shipment.
17304. Claim for replacement.
17305. Replacing lost, destroyed, or damaged stamps, securities,
obligations, or money.
17306. Agreements of indemnity.
17307. Purchase of insurance.
17308. Presumption of lawful conduct.
17309. Rules and regulations.
[[Page 116 STAT. 1280]]
Sec. 17301. Definitions
In this chapter, the following definitions apply:
(1) Replacement.--The term ``replacement'' means payment,
reimbursement, replacement, or duplication or the expenses
incident to payment, reimbursement, replacement, or duplication.
(2) Shipment.--The term ``shipment''--
(A) means the transportation, or the effecting of
transportation, of valuables, without limitation as to
the means or facilities used or by which the
transportation is effected or the person to whom it is
made; and
(B) includes shipments made to any executive
department, independent establishment, agency, wholly
owned or mixed-ownership Government corporation,
officer, or employee of the Federal Government, or any
person acting on behalf of, or at the direction of, the
executive department, independent establishment, agency,
wholly or partly owned Government corporation, officer,
or employee.
(3) Valuables.--
(A) Definition.--The term ``valuables'' means any
articles or things or representatives of value--
(i) in which the Government, its executive
departments, independent establishments, and
agencies, including wholly owned Government
corporations, and officers and employees of the
Government or its executive departments,
independent establishments, and agencies while
acting in their official capacity, have any
interest, or in connection with which they have
any obligation or responsibility; and
(ii) which the Secretary of the Treasury
declares to be valuables within the meaning of
this chapter.
(B) Requirement for declaring articles or things
valuable.--The Secretary shall not declare articles or
things that are lost, destroyed, or damaged in the
course of shipment to be valuables unless the Secretary
determines that replacement of the articles or things in
accordance with the procedure established in this
chapter would be in the public interest.
(4) Wholly owned government corporation.--The term ``wholly
owned Government corporation''--
(A) means any corporation, regardless of the law under
which it is incorporated, the capital of which is
entirely owned by the Government; and
(B) includes the authorized officers, employees, and
agents of the corporation.
Sec. 17302. Compliance
(a) Prescribing Regulations.--With the approval of the President, the
Secretary of the Treasury and the United States Postal Service jointly
shall prescribe regulations governing the shipment of valuables by an
executive department, independent establishment, agency, wholly owned
Government corporation, officer, or employee of the Federal Government,
with a view to minimizing the risk of loss and destruction of, and
damage to, valuables in shipment.
(b) Compliance.--Each executive department, independent establishment,
agency, wholly owned Government corporation,
[[Page 116 STAT. 1281]]
officer, and employee of the Government, and each person acting for, or
at the direction of, the executive department, independent
establishment, agency, wholly owned Government corporation, officer, or
employee, must comply with the regulations when making any shipment of
valuables.
Sec. 17303. Fund for the payment of Government losses in shipment
(a) Establishment.--There is a revolving fund in the Treasury known as
``the fund for the payment of Government losses in shipment''.
(b) Use.--The fund shall be used for the replacement of valuables, or
the value of valuables, lost, destroyed, or damaged while being shipped
in accordance with regulations prescribed under section 17302 of this
title.
(c) Unavailability.--The fund is not available with respect to any
loss, destruction, or damage affecting valuables--
(1) that relates to property of the United States Postal
Service that is chargeable to its officers or employees; or
(2) of which shipment shall have been made at the risk of
persons other than the Federal Government and the executive
departments, independent establishments, agencies, wholly owned
Government corporations, officers and employees of the
Government.
(d) Crediting of Recoveries and Repayments.--All recoveries and
repayments on account of loss, destruction, or damage to valuables for
which replacement is made out of the fund shall be credited to it and
are available for the purposes of the fund.
(e) Appropriations.--Necessary amounts are appropriated for the fund.
Sec. 17304. Claim for replacement
(a) Presentation of Claim.--When valuables that have been shipped in
accordance with regulations prescribed under section 17302 of this title
are lost, destroyed, or damaged, a claim in writing for replacement
shall be made on the Secretary of the Treasury.
(b) Decision of the Secretary of the Treasury.--
(1) Replacement made from fund.--If the Secretary is satisfied
that the loss, destruction, or damage has occurred and that
shipment was made substantially in accordance with the
regulations, the Secretary shall have replacement be made out of
the fund described in section 17303 of this title through an
officer the Secretary designates.
(2) Replacement made by credit.--When the Secretary decides
that any part of the replacement can be made, without actual or
ultimate injury to the Federal Government, by a credit in the
accounts of the executive department, independent establishment,
agency, officer, employee, or other accountable person making
the claim, the Secretary shall--
(A) certify the decision to the Comptroller General
who, on receiving the certification, shall make the
credit in the settlement of accounts in the General
Accounting Office; and
(B) use the fund only to the extent that the
replacement cannot be made by the credit.
[[Page 116 STAT. 1282]]
(c) Decision of Secretary Not Reviewable.--The decision of the
Secretary that a loss, destruction, or damage has occurred or that a
shipment was made substantially in accordance with regulations is final
and conclusive and is not subject to review by any other officer of the
Government.
Sec. 17305. Replacing lost, destroyed, or damaged stamps, securities,
obligations, or money
Stamps, securities, or other obligations of the Federal Government, or
money lost, destroyed, or damaged while in the custody or possession of,
or charged to, the United States Postal Service while it is acting as
agent for, or on behalf of, the Secretary of the Treasury for the sale
of the stamps, securities, or obligations and for the collection of the
money, shall be replaced out of the fund described in section 17303 of
this title under regulations the Secretary may prescribe, regardless of
how the loss, destruction, or damage occurs.
Sec. 17306. Agreements of indemnity
(a) Definition.--In this section, the term ``Federal Government''
includes wholly owned Government corporations, and officers and
employees of the Government or its executive departments, independent
establishments, and agencies while acting in their official capacity.
(b) Authority To Make Agreement.--The Secretary of the Treasury may
make and deliver, on behalf of the Federal Government, a binding
agreement of indemnity the Secretary considers necessary and proper to
enable the Government to obtain the replacement of any instrument or
document--
(1) received by the Government or an agent of the Government
in the agent's official capacity; and
(2) which, after having been received, is lost, destroyed, or
so mutilated as to impair its value.
(c) When Federal Government Not Obligated.--The Government is not
obligated under an agreement of indemnity if the obligee named in the
agreement makes a payment or delivery not required by law on the
original of the instrument or document covered by the agreement.
(d) Use of Fund for the Payment of Government Losses in Shipment.--The
fund described in section 17303 of this title is available to pay any
obligation arising out of an agreement the Secretary makes under this
section.
Sec. 17307. Purchase of insurance
An executive department, independent establishment, agency, wholly
owned Government corporation, officer, or employee may expend money, or
incur an obligation, for insurance, or for the payment of premiums on
insurance, against loss, destruction, or damage in the shipment of
valuables only as specifically authorized by the Secretary of the
Treasury. The Secretary may give the authorization if the Secretary
finds that the risk of loss, destruction, or damage in the shipment
cannot be guarded against adequately by the facilities of the Federal
Government or that adequate replacement cannot be provided under this
chapter.
[[Page 116 STAT. 1283]]
Sec. 17308. Presumption of lawful conduct
For purposes of the propriety of an act or omission related to a
shipment to which the regulations prescribed under section 17302 of this
title apply, every officer and employee of the Federal Government and
every individual acting on behalf of a wholly owned Government
corporation who makes a shipment of valuables in good faith under, and
substantially in accordance
with, the regulations is deemed to be acting in the faithful execution
of the officer's, employee's, or individual's duties of office and in
full performance of any conditions of the officer's, employee's, or
individual's bond and oath of office.
Sec. 17309. Rules and regulations
(a) General Authority.--With the approval of the President, the
Secretary of the Treasury may prescribe regulations necessary to carry
out the duties and powers vested in the Secretary under this chapter.
(b) Providing Information.--To carry out subsection (a), the Secretary
may require a person making a shipment of valuables or a claim for
replacement to make a declaration or to provide other information the
Secretary considers necessary.
CHAPTER 175--FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL
Sec.
17501. Definitions.
17502. Monitoring system.
17503. Data collection.
17504. Agency statements with respect to motor vehicle use.
17505. Presidential report.
17506. Reduction of storage and disposal costs.
17507. Savings.
17508. Compliance.
17509. Applicability.
17510. Cooperation.
Sec. 17501. Definitions
In this chapter, the following definitions apply:
(1) Executive agency.--The term ``executive agency''--
(A) means an executive agency (as that term is defined
in section 105 of title 5) that operates at least 300
motor vehicles; but
(B) does not include the Tennessee Valley Authority.
(2) Motor vehicle.--The term ``motor vehicle'' means--
(A) a vehicle self-propelled or drawn by mechanical
power; but not
(B) a vehicle designed or used for military field
training, combat, or tactical purposes, or any other
special purpose vehicle exempted from the requirements
of this chapter by the Administrator of General
Services.
Sec. 17502. Monitoring system
The head of each executive agency shall designate one office, officer,
or employee of the agency--
(1) to establish and operate a central monitoring system for
the motor vehicle operations of the agency, related activities,
and related reporting requirements; and
(2) provide oversight of those operations, activities, and
requirements.
[[Page 116 STAT. 1284]]
Sec. 17503. Data collection
(a) Cost Identification and Analysis.--The head of each executive
agency shall develop a system to identify, collect, and analyze data
with respect to all costs (including obligations and outlays) the agency
incurs in the operation, maintenance, acquisition, and disposition of
motor vehicles, including vehicles owned or leased by the Federal
Government and privately owned vehicles used for official purposes.
(b) Requirements for Data Systems.--
(1) Scope of requirements.--In cooperation with the
Comptroller General of the United States and the Director of the
Office of Management and Budget, the Administrator of General
Services shall prescribe requirements governing the
establishment and operation by executive agencies of the systems
required by subsection (a), including requirements with respect
to data on the costs and uses of motor vehicles and with respect
to the uniform collection and submission of the data.
(2) Conformity with principles and standards.--Requirements
prescribed under this section shall conform to accounting
principles and standards issued by the Comptroller General. Each
executive agency shall comply with those requirements.
Sec. 17504. Agency statements with respect to motor vehicle use
(a) Contents of Statement.--The head of each executive agency shall
include with the appropriation request the agency submits under section
1108 of title 31 for each fiscal year, a statement--
(1) specifying--
(A) the total motor vehicle acquisition, maintenance,
leasing, operation, and disposal costs (including
obligations and outlays) the agency incurred in the most
recently completed fiscal year; and
(B) an estimate of those costs for the fiscal year in
which the request is submitted and for the succeeding
fiscal year; and
(2) justifying why the existing and any new motor vehicle
acquisition, maintenance, leasing, operation, and disposal
requirements of the agency cannot be met through the Interagency
Fleet Management System the Administrator of General Services
operates, a qualified private fleet management firm, or any
other method which is less costly to the Federal Government.
(b) Compliance with Requirements.--The head of each executive agency
shall comply with the requirements prescribed under section 17503(b) of
this title in preparing each statement required under subsection (a).
Sec. 17505. Presidential report
(a) Summary and Analysis of Agency Statements.--The President shall
include with the budget transmitted under section 1105 of title 31 for
each fiscal year, or in a separate written report to Congress for that
fiscal year, a summary and analysis of the statements most recently
submitted by the heads of executive agencies pursuant to section
17504(a) of this title.
(b) Contents of Summary and Analysis.--Each summary and analysis shall
include a review, for the fiscal year preceding the
[[Page 116 STAT. 1285]]
fiscal year in which the budget is submitted, the current fiscal year,
and the fiscal year for which the budget is submitted, of the cost
savings that have been achieved, that are estimated will be achieved,
and that could be achieved, in the acquisition, maintenance, leasing,
operation, and disposal of motor vehicles by executive agencies
through--
(1) the use of a qualified private fleet management firm or
another private contractor;
(2) increased reliance by executive agencies on the
Interagency Fleet Management System the Administrator of General
Services operates; or
(3) other existing motor vehicle management systems.
Sec. 17506. Reduction of storage and disposal costs
The Administrator of General Services shall take such actions as may
be necessary to reduce motor vehicle storage and disposal costs and to
improve the rate of return on motor vehicle sales through a program of
vehicle reconditioning prior to sale.
Sec. 17507. Savings
(a) Actions by President Required.--The President shall establish, for
each executive agency, goals to reduce outlays for the operation,
maintenance, leasing, acquisition, and disposal of motor vehicles in
order to reduce, by fiscal year 1988, the total amount of outlays by all
executive agencies for the operation, maintenance, leasing, acquisition,
and disposal of motor vehicles to an amount which is $150,000,000 less
than the amount for the operation, maintenance, leasing, acquisition,
and disposal of motor vehicles requested by the President in the budget
submitted under section 1105 of title 31 for fiscal year 1986.
(b) Monitoring of Compliance.--The Director of the Office of
Management and Budget shall monitor compliance by executive agencies
with the goals established by the President under subsection (a) and
shall include, in each summary and analysis required under section 17505
of this title, a statement specifying the reductions in expenditures by
executive agencies, including the Department of Defense, achieved under
those goals.
Sec. 17508. Compliance
(a) Administrator of General Services.--The Administrator of General
Services shall comply with and be subject to this chapter with regard to
all motor vehicles that are used within the General Services
Administration for official purposes.
(b) Managers of Other Motor Pools.--This chapter with respect to motor
vehicles from the Interagency Fleet Management System shall be complied
with by the executive agencies to which such motor vehicles are
assigned.
Sec. 17509. Applicability
(a) Priority in Reducing Headquarters Use.--The heads of executive
agencies shall give first priority to meeting the goals established by
the President under section 17507(a) of this title by reducing the costs
of administrative motor vehicles used at the headquarters and regional
headquarters of executive agencies, rather than by reducing the costs of
motor vehicles used by line agency personnel working in agency field
operations or activities.
[[Page 116 STAT. 1286]]
(b) Regulations, Standards, and Definitions.--The President shall
require the Administrator of General Services, in cooperation with the
Director of the Office of Management and Budget, to prescribe
appropriate regulations, standards, and definitions to ensure that
executive agencies meet the goals established under section 17507(a) of
this title in the manner prescribed by subsection (a).
Sec. 17510. Cooperation
The Director of the Office of Management and Budget and the
Administrator of General Services shall cooperate closely in the
implementation of this chapter.
CHAPTER 177--ALASKA COMMUNICATIONS DISPOSAL
Sec.
17701. Definitions.
17702. Transfer of Government-owned long-lines communication facilities
in and to Alaska.
17703. National defense considerations and qualification of transferee.
17704. Contents of agreements for transfer.
17705. Approval of Federal Communications Commission.
17706. Gross proceeds as miscellaneous receipts in the Treasury.
17707. Reports.
17708. Nonapplication.
Sec. 17701. Definitions
In this chapter, the following definitions apply:
(1) Agency concerned.--The term ``agency concerned'' means a
department, agency, wholly owned corporation, or instrumentality
of the Federal Government.
(2) Long-lines communication facilities.--The term ``long-
lines communication facilities'' means the transmission systems
connecting points inside the State with each other and with
points outside the State by radio or wire, and includes all
kinds of property and rights of way necessary to accomplish this
interconnection.
(3) Transfer.--The term ``transfer'' means the conveyance by
the Government of any element of ownership, including any estate
or interest in property, and franchise rights, by sale,
exchange, lease, easement, or permit, for cash, credit, or other
property with or without warranty.
Sec. 17702. Transfer of Government-owned long-lines communication
facilities in and to Alaska
(a) In General.--
(1) Authority of the secretary of defense.--
(A) Requirements prior to transfer.--Subject to
section 17703 of this title and with the advice,
assistance, and, in the case of an agency not under the
jurisdiction of the Secretary of Defense, the consent of
the agency concerned, and after approval of the
President, the Secretary of Defense shall transfer for
adequate consideration any or all long-lines
communication facilities in or to Alaska under the
jurisdiction of the Federal Government to any person
qualifying under section 17703.
(B) Authority to carry out chapter.--The Secretary of
Defense may take action and exercise powers as may be
necessary or appropriate to carry out the purposes of
this chapter.
[[Page 116 STAT. 1287]]
(2) Consent of secretary concerned.--An interest in public
lands, withdrawn or otherwise appropriated, shall not be
transferred under this chapter without the prior consent of the
Secretary of the Interior, or, with respect to lands in a
national forest, of the Secretary of Agriculture.
(3) Procedures and methods.--The Secretary of Defense shall
carry out a transfer under this chapter in accordance with the
procedures and methods required of the Administrator of General
Services by section 545(a) and (b) of this title.
(b) Documents of Title or Other Property Interests.--The head of the
agency concerned (or a designee of the head) shall execute documents for
the transfer of title or other interest in property, except any mineral
rights in the property, and take other action that the Secretary of
Defense decides is necessary or proper to transfer the property under
this chapter. A copy of a deed, lease, or other instrument executed by
or on behalf of the head of the agency concerned purporting to transfer
title or another interest in public land shall be provided to the
Secretary of the Interior.
(c) Solicitation of Offers To Purchase Certain Facilities.--In
connection with soliciting offers to purchase long-lines facilities of
the Alaska Communication System, the Secretary of Defense shall--
(1) provide any prospective purchaser who requests it data
on--
(A) the facilities available for purchase;
(B) the amounts considered to be the current fair and
reasonable value of those facilities; and
(C) the initial rates that will be charged to the
purchaser for capacity in facilities retained by the
Government and available for commercial use;
(2) provide in the request for offers to purchase that
offerors must specify the rates the offerors propose to charge
for service and the improvements in service the offerors propose
to initiate;
(3) provide an opportunity for prospective purchasers to meet
as a group with Department of Defense representatives to ensure
that the data and public interest requirements described in
clauses (1) and (2) are fully understood; and
(4) seek the advice and assistance of the Federal
Communications Commission and the Governor of Alaska (or a
designee of the Governor) to ensure consideration of all public
interest factors associated with the transfer.
(d) Applicability of Antitrust Provisions.--The requirements of
section 559 of this title apply to transfers under this chapter.
Sec. 17703. National defense considerations and qualification of
transferee
A transfer under this chapter shall not be made unless the Secretary
of Defense determines that--
(1) the Federal Government does not need to retain the
property involved in the transfer for national defense purposes;
(2) the transfer is in the public interest;
(3) the person to whom the transfer is made is prepared and
qualified to provide the communication service involved in the
transfer without interruption; and
(4) the long-lines communication facilities will not directly
or indirectly be owned, operated, or controlled by a person
[[Page 116 STAT. 1288]]
that would legally be disqualified from holding a radio station
license by section 310(a) of the Communications Act of 1934 (47
U.S.C. 310(a)).
Sec. 17704. Contents of agreements for transfer
An agreement by which a transfer is made under this chapter shall
provide that--
(1) subject to regulations of the Federal Communications
Commission and of any body or commission established by Alaska
to govern and regulate communications services to the public and
all applicable statutes, treaties, and conventions, the person
to whom the transfer is made shall
provide the communication services involved in the transfer without
interruption, except those services reserved by the Federal Government
in the transfer;
(2) the rates and charges for those services applicable at the
time of transfer shall not be changed for a period of one year
from the date of the transfer unless approved by a governmental
body or commission having jurisdiction; and
(3) the transfer will not be final until the transferee
receives the requisite license and certificate of convenience
and necessity to operate interstate and intrastate commercial
communications in Alaska from the appropriate governmental
regulatory bodies.
Sec. 17705. Approval of Federal Communications Commission
A transfer under this chapter does not require the approval of the
Federal Communications Commission except to the extent that the approval
of the Commission is necessary under section 17704(3) of this title.
Sec. 17706. Gross proceeds as miscellaneous receipts in the Treasury
The gross proceeds of each transfer shall be deposited in the Treasury
as miscellaneous receipts.
Sec. 17707. Reports
The Secretary of Defense shall report to the Congress and the
President--
(1) in January of each year, the actions taken under this
chapter during the preceding 12 months; and
(2) not later than 90 days after completion of each transfer
under this chapter, a full account of that transfer.
Sec. 17708. Nonapplication
This chapter does not modify in any manner the Communications Act of
1934 (47 U.S.C. 151 et seq.).
CHAPTER 179--ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP
Sec.
17901. Definitions.
17902. Sale of electric energy.
17903. Purchase of electric power.
17904. Implementation powers and limitations.
Sec. 17901. Definitions
In this chapter, the following definitions apply:
[[Page 116 STAT. 1289]]
(1) Federal agency.--The term ``federal agency'' means a
department, agency, or instrumentality of the Federal
Government.
(2) Federally generated electric energy.--The term ``federally
generated electric energy'' means any electric power generated
by an electric generating facility owned and operated by a
federal agency.
(3) Non-federal person.--The term ``non-federal person'' means
a corporation, cooperative, municipality, or other non-federal
entity that generates electric energy through a facility other
than a federally owned electric generating facility.
Sec. 17902. Sale of electric energy
(a) In General.--To conserve oil and natural gas and better utilize
coal, the head of a federal agency may sell, or enter into a contract to
sell, to any non-federal person electric energy generated by coal-fired
electric generating facilities of that agency in Alaska without regard
to any provision of law that precludes the sale when the electric energy
to be sold is available from other local sources, if the head of the
federal agency determines that--
(1) the electric energy to be sold is generated by an existing
coal-fired generating facility;
(2) the electric energy to be sold is surplus to the federal
agency's needs and is in excess of the electric energy
specifically generated for consumption by, or necessary to serve
the requirements of, another federal agency;
(3) the cost to the ultimate consumers of the electric energy
to be sold is less than the cost that, in the absence of the
sale, would be incurred by those consumers for the purchase of
an equivalent amount of energy; and
(4) the sale will reduce the total consumption of oil or
natural gas by the non-federal person purchasing the electric
energy below the level of consumption that would occur in the
absence of the sale.
(b) Pricing Policies.--Federally generated electric energy sold by the
head of a federal agency under subsection (a) shall be priced to recover
the fuel and variable operation and maintenance costs of the facility
generating the energy that are attributable to that sale, plus an amount
equal to one-half the difference between--
(1) the costs of producing the electric energy by coal
generation; and
(2) the costs of producing electric energy by the oil or gas
generation being displaced.
Sec. 17903. Purchase of electric power
For purposes of economy, efficiency, and conserving oil and natural
gas, the head of a federal agency, when practicable and consistent with
other laws and requirements applicable to that agency, shall endeavor to
purchase electric energy from a non-federal person for consumption in
Alaska by a facility of that agency when (taking into account the
remaining useful life of any facility available to that agency to
generate electric energy for that agency and the cost of maintaining the
facility on a standby basis) the purchase will result in--
[[Page 116 STAT. 1290]]
(1) a savings to other consumers of electric energy sold by
that non-federal person without increasing the cost incurred by
any federal agency for electric energy; or
(2) a cost savings to the federal agency purchasing the
electric energy without increasing costs to other consumers of
electric energy.
Sec. 17904. Implementation powers and limitations
(a) Accommodation of Needs for Electric Energy.--This chapter does not
require or authorize a federal agency to construct a new electric
generating facility or related facility, to modify an existing facility,
or to employ reserve or standby equipment to accommodate the needs of a
non-federal person for electric energy.
(b) Availability of Revenue From Sales.--Revenue received by a federal
agency pursuant to section 17902 of this title from the sale of electric
energy generated from a facility of that agency is available to the
agency without fiscal year limitation to purchase fuel and for
operation, maintenance, and other costs associated with that facility.
(c) Exercise of Authorities.--The authority under this chapter shall
be exercised for those periods and pursuant to terms and conditions that
the head of the federal agency concerned decides are necessary
consistent with--
(1) this chapter; and
(2) responsibilities of the head of the federal agency under
other law.
(d) Negotiation and Execution of Contracts and Other Agreements.--A
contract or other agreement executed under this chapter shall be
negotiated and executed by the head of the federal agency selling or
purchasing electric energy under this chapter.
CHAPTER 181--TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED AND
SPEECH-IMPAIRED INDIVIDUALS
Sec.
18101. Definitions.
18102. Federal telecommunications system.
18103. Research and development.
18104. TTY installation by Congress.
Sec. 18101. Definitions
In this chapter--
(1) Federal agency.--The term ``federal agency'' has the same
meaning given that term in section 102 of this title.
(2) TTY.--The term ``TTY'' means a text-telephone used in the
transmission of coded signals through the nationwide
telecommunications system.
Sec. 18102. Federal telecommunications system
(a) Regulations To Ensure Accessibility.--The Administrator of General
Services, after consultation with the Architectural and Transportation
Barriers Compliance Board, the Interagency Committee on Computer Support
of Handicapped Employees, the Federal Communications Commission, and
affected federal agencies, shall prescribe regulations to ensure that
the federal telecommunications system is fully accessible to hearing-
impaired and speech-impaired individuals, including federal employees,
for communications with and within federal agencies.
[[Page 116 STAT. 1291]]
(b) Federal Relay System.--The Administrator shall provide for the
continuation of the existing federal relay system for users of TTY's.
(c) Directory.--The Administrator shall assemble, publish, and
maintain a directory of TTY's and other devices used by federal agencies
to comply with regulations prescribed under subsection (a).
(d) Publication of Access Numbers.--The Administrator shall publish
access numbers of TTY's and such other devices in federal agency
directories.
(e) Logo.--After consultation with the Board, the Administrator shall
adopt the design of a standard logo to signify the presence of a TTY or
other device used by a federal agency to comply with regulations
prescribed under subsection (a).
Sec. 18103. Research and development
(a) Support for Research.--The Administrator of General Services, in
consultation with the Federal Communications Commission, shall seek to
promote research by federal agencies, state agencies, and private
entities to reduce the cost and improve the capabilities of
telecommunications devices and systems that provide accessibility to
hearing-impaired and speech-impaired individuals.
(b) Planning To Assimilate Technological Developments.--In planning
future alterations to and modifications of the federal
telecommunications system, the Administrator shall take into account--
(1) modifications that the Administrator determines are
necessary to achieve the objectives of section 18102(a) of this
title; and
(2) technological improvements in telecommunications devices
and systems that provide accessibility to hearing-impaired and
speech-impaired individuals.
Sec. 18104. TTY installation by Congress
Each House of Congress shall establish a policy under which Members of
the House of Representatives and the Senate may obtain TTY's for use in
communicating with hearing-impaired and speech-impaired individuals, and
for the use of hearing-impaired and speech-impaired employees.
CHAPTER 183--NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS
Sec.
18301. Findings and purposes.
18302. Definitions.
18303. Standards for arbitrators.
18304. Procedures for enforcement of awards.
Sec. 18301. Findings and purposes
(a) Findings.--Congress finds that--
(1) affordable public transportation is essential to the
economic vitality of the national capital area and is an
essential component of regional efforts to improve air quality
to meet environmental requirements and to improve the health of
both residents of and visitors to the national capital area as
well as to preserve the beauty and dignity of the Nation's
capital;
(2) use of mass transit by both residents of and visitors to
the national capital area is substantially affected by the
[[Page 116 STAT. 1292]]
prices charged for mass transit services, prices that are
substantially affected by labor costs, since more than two-
thirds of operating costs are attributable to labor costs;
(3) labor costs incurred in providing mass transit in the
national capital area have increased at an alarming rate and
wages and benefits of operators and mechanics currently are
among the highest in the Nation;
(4) higher operating costs incurred for public transit in the
national capital area cannot be offset by increasing costs to
patrons, since this often discourages ridership and thus
undermines the public interest in promoting the use of public
transit;
(5) spiraling labor costs cannot be offset by the governmental
entities that are responsible for subsidy payments for public
transit services since local governments generally, and the
District of Columbia government in particular, are operating
under severe fiscal constraints;
(6) imposition of mandatory standards applicable to
arbitrators resolving arbitration disputes involving interstate
compact agencies operating in the national capital area will
ensure that wage increases are justified and do not exceed the
ability of transit patrons and taxpayers to fund the increase;
and
(7) federal legislation is necessary under section 8 of
Article I of the United States Constitution to balance the need
to moderate and lower labor costs while maintaining industrial
peace.
(b) Purpose.--The purpose of this chapter is to adopt standards
governing arbitration that must be applied by arbitrators resolving
disputes involving interstate compact agencies operating in the national
capital area in order to lower operating costs for public transportation
in the Washington metropolitan area.
Sec. 18302. Definitions
In this chapter, the following definitions apply:
(1) Arbitration.--The term ``arbitration''--
(A) means the arbitration of disputes, regarding the
terms and conditions of employment, that is required
under an interstate compact governing an interstate
compact agency operating in the national capital area;
but
(B) does not include the interpretation and
application of rights arising from an existing
collective bargaining agreement.
(2) Arbitrator.--The term ``arbitrator'' refers to either a
single arbitrator, or a board of arbitrators, chosen under
applicable procedures.
(3) Interstate compact agency operating in the national
capital area.--The term ``interstate compact agency operating in
the national capital area'' means any interstate compact agency
that provides public transit services and that was established
by an interstate compact to which the District of Columbia is a
signatory.
Sec. 18303. Standards for arbitrators
(a) Definition.--In this section, the term ``public welfare''
includes, with respect to arbitration under an interstate compact--
(1) the financial ability of the individual jurisdictions
participating in the compact to pay for the costs of providing
public transit services; and
[[Page 116 STAT. 1293]]
(2) the average per capita tax burden, during the term of the
collective bargaining agreement to which the arbitration
relates, of the residents of the Washington metropolitan area,
and the effect of an arbitration award rendered under that
arbitration on the respective income or property tax rates of
the jurisdictions that provide subsidy payments to the
interstate compact agency established under the compact.
(b) Factors in Making Arbitration Award.--An arbitrator rendering an
arbitration award involving the employees of an interstate compact
agency operating in the national capital area may not make a finding or
a decision for inclusion in a collective bargaining agreement governing
conditions of employment without considering the following factors:
(1) The existing terms and conditions of employment of the
employees in the bargaining unit.
(2) All available financial resources of the interstate
compact agency.
(3) The annual increase or decrease in consumer prices for
goods and services as reflected in the most recent consumer
price index for the
Washington metropolitan area, published by the Bureau of Labor
Statistics.
(4) The wages, benefits, and terms and conditions of the
employment of other employees who perform, in other
jurisdictions in the Washington standard metropolitan
statistical area, services similar to those in the bargaining
unit.
(5) The special nature of the work performed by the employees
in the bargaining unit, including any hazards or the relative
ease of employment, physical requirements, educational
qualifications, job training and skills, shift assignments, and
the demands placed upon the employees as compared to other
employees of the interstate compact agency.
(6) The interests and welfare of the employees in the
bargaining unit, including--
(A) the overall compensation presently received by the
employees, having regard not only for wage rates but
also for wages for time not worked, including vacations,
holidays, and other excused absences;
(B) all benefits received by the employees, including
previous bonuses, insurance, and pensions; and
(C) the continuity and stability of employment.
(7) The public welfare.
(c) Ability To Finance Salaries and Benefits Provided in Award.--An
arbitrator rendering an arbitration award involving the employees of an
interstate compact agency operating in the national capital area may
not, with respect to a collective bargaining agreement governing
conditions of employment, provide for salaries and other benefits that
exceed the ability of the interstate compact agency, or of any
governmental jurisdiction that provides subsidy payments or budgetary
assistance to the interstate compact agency, to obtain the necessary
financial resources to pay for wage and benefit increases for employees
of the interstate compact agency.
(d) Requirements for Final Award.--
(1) Written award.--In resolving a dispute submitted to
arbitration involving the employees of an interstate compact
agency operating in the national capital area, the arbitrator
shall issue a written award that demonstrates that all the
[[Page 116 STAT. 1294]]
factors set forth in subsections (b) and (c) have been
considered and applied.
(2) Prerequisites.--An award may grant an increase in pay
rates or benefits (including insurance and pension benefits), or
reduce hours of work, only if the arbitrator concludes that any
costs to the agency do not adversely affect the public welfare.
(3) Substantial evidence.--The arbitrator's conclusion
regarding the public welfare must be supported by substantial
evidence.
Sec. 18304. Procedures for enforcement of awards
(a) Modifications and Finality of Award.--Within 10 days after the
parties receive an arbitration award to which section 18303 of this
title applies, the interstate compact agency and the employees, through
their representative, may agree in writing on any modifications to the
award. After the end of that 10-day period, the award, and any
modifications, become binding on the interstate compact agency, the
employees in the bargaining unit, and the employees' representative.
(b) Implementation.--Each party to an award that becomes binding under
subsection (a) shall take all actions necessary to implement the award.
(c) Judicial Review.--Within 60 days after an award becomes binding
under subsection (a), the interstate compact agency or the exclusive
representative of the employees concerned may bring a civil action in a
court that has jurisdiction over the interstate compact agency for
review of the award. The court shall review the award on the record, and
shall vacate the award or any part of the award, after notice and a
hearing, if--
(1) the award is in violation of applicable law;
(2) the arbitrator exceeded the arbitrator's powers;
(3) the decision by the arbitrator is arbitrary or capricious;
(4) the arbitrator conducted the hearing contrary to the
provisions of this chapter or other laws or rules that apply to
the arbitration so as to substantially prejudice the rights of a
party;
(5) there was partiality or misconduct by the arbitrator
prejudicing the rights of a party;
(6) the award was procured by corruption, fraud, or bias on
the part of the arbitrator; or
(7) the arbitrator did not comply with the provisions of
section 18303 of this title.
SEC. 2. TRANSFER OF MATERIAL AND EQUIPMENT TO THE ARCHITECT OF THE
CAPITOL.
Chapter 443 of title 10, United States Code, is amended as follows:
(1) Insert immediately after section 4688 the following new
section:
``Sec. 4689. Transfer of material and equipment to the Architect of the
Capitol
``The Secretary of the Army is authorized to transfer, without
payment, to the Architect of the Capitol, such material and equipment,
not required by the Department of the Army, as the Architect
[[Page 116 STAT. 1295]]
may request for use at the Capitol power plant, the Capitol Building,
and the Senate and House Office Buildings.''.
(2) Insert immediately below item 4688 in the analysis of the
chapter the following new item:
``4689. Transfer of material and equipment to the Architect of the
Capitol.''.
SEC. 3. CONFORMING CROSS-REFERENCES.
(a) Title 5.--Title 5, United States Code, is amended as follows:
(1) In section 7342(e)(1)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) insert ``(41 U.S.C. 251 et seq.)'' after ``of
1949''.
(2) In section 9505(b), strike ``division E of the Clinger-
Cohen Act of 1996 (Public Law 104-106; 110 Stat. 679)'' and
substitute ``subtitle III of title 40''.
(3) In section 9508(a)(2)(A), strike ``division E of the
Clinger-Cohen Act of 1996 (Public Law 104-106; 110 Stat. 679)''
and substitute ``subtitle III of title 40''.
(b) Title 10.--Title 10, United States Code, is amended as follows:
(1) In section 2223--
(A) in subsection (a), strike ``section 5125 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1425)'' and
substitute ``section 11315 of title 40'';
(B) in subsection (b), strike ``section 5125 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1425)'' and
substitute ``section 11315 of title 40'';
(C) in subsection (c)(2), strike ``section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401)'' and
substitute ``section 11101 of title 40''; and
(D) in subsection (c)(3), strike ``section 5142 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1452)'' and
substitute ``section 11103 of title 40''.
(2) In section 2302(2)(A), strike ``title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.)'' and substitute ``chapter 11 of title 40''.
(3) In section 2304(h)--
(A) before clause (1), strike ``laws''; and
(B) strike clause (2) and substitute ``(2) Sections
3141-3144, 3146, and 3147 of title 40.''.
(4) In section 2305a(a), strike ``the Brooks Architect-
Engineers Act (40 U.S.C. 541 et seq.)'' and substitute ``chapter
11 of title 40''.
(5) In section 2315(a), strike ``division E of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' and substitute
``subtitle III of title 40''.
(6) In section 2381(c)--
(A) strike ``section 205 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 486)''
and substitute ``section 121 of title 40''; and
(B) strike ``section 201(a) of that Act (40 U.S.C.
481(a))'' and substitute ``section 501(a)(2) of title
40''.
(7) In section 2535(b)(1)(G), strike ``title II of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 481
et seq.)'' and substitute ``chapter 5 of title 40''.
(8) In subsection 2562(a)(1)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
[[Page 116 STAT. 1296]]
(B) strike ``(40 U.S.C. 472 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(9) In section 2572(d)(1), strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(10) In section 2576(a)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(11) In section 2577(a)(2), strike ``section 203 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 484)'' and substitute ``sections 541-555 of title 40''.
(12) In section 2667--
(A) in subsection (a)(2), strike ``section 3 of the
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 472)'' and substitute ``section 102 of title
40'';
(B) in subsection (b)(5), strike ``section 321 of the
Act of June 30, 1932 (40 U.S.C. 303b)'' and substitute
``section 1302 of title 40''; and
(C) in subsection (f)(1)--
(i) insert ``subtitle I of title 40 and title
III of'' before ``the Federal''; and
(ii) strike ``such Act is'' and substitute
``subtitle I and title III are''.
(13) In section 2667a(a)(3), strike ``section 3 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
472)'' and substitute ``section 102 of title 40''.
(14) In section 2676(a)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``41 U.S.C. 251 et seq.)''.
(15) In section 2691(b)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(16) In section 2696--
(A) in subsection (a)--
(i) insert ``subtitle I of title 40 and title
III of'' before ``the Federal''; and
(ii) strike ``(40 U.S.C. 471 et seq.)'' and
substitute ``(41 U.S.C. 251 et seq.)''; and
(B) strike subsection (e)(5) and substitute--
``(5) Chapter 5 of title 40.''.
(17) In section 2701(i)(1)--
(A) strike ``the Miller Act (40 U.S.C. 270a et seq.)''
and substitute ``sections 3131 and 3133 of title 40'';
(B) strike ``the Act of April 29, 1941 (40 U.S.C.
270e-270f)'' and substitute ``section 3134 of title
40''; and
(C) strike ``the Miller Act'' and substitute
``sections 3131 and 3133''.
(18) In section 2814(j)(3), strike ``Sections 202 and 203 of
the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 483, 484)'' and substitute ``Subchapter II of chapter 5
and sections 541-555 of title 40''.
[[Page 116 STAT. 1297]]
(19) In section 2831(b)(3), strike ``section 204(b) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 485(b))'' and substitute ``section 572(a) of title 40''.
(20) In section 2852(b)(1), strike ``section 355 of the
Revised Statutes (40 U.S.C. 255)'' and substitute ``section 3111
of title 40''.
(21) In section 2854a(d)(1)--
(A) strike ``The'' and substitute ``Subtitle I of
title 40 and title III of the''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(22) In subsection 2855(a), strike ``title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.)'' and substitute ``chapter 11 of title 40''.
(23) In section 2878(d)--
(A) in clause (2)--
(i) strike ``The'' and substitute ``Subtitle I
of title 40 and title III of the''; and
(ii) strike ``(40 U.S.C. 471 et seq.)'' and
substitute ``(41 U.S.C. 251 et seq.)''; and
(B) strike clause (3) and substitute--
``(3) Section 1302 of title 40.''.
(24) In section 4681, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(25) In section 4682, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(26) In section 4684, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(27) In section 4686, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(28) In section 7305(d)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal'';
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''; and
(C) strike ``that Act'' and substitute ``subtitle I of
title 40 and title III''.
(29) In section 7306(a), strike ``subsections (c) and (d) of
section 602 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 474)'' and substitute ``section 113 of
title 40''.
(30) In section 7422(c)(1), strike ``the Act of February 26,
1931 (40 U.S.C. 258a-258e)'' and substitute ``sections 3114-3116
and 3118 of title 40''.
(31) In section 7541, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(32) In section 7541a, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(33) In section 7542(a), strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
[[Page 116 STAT. 1298]]
(34) In section 7545(a), strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(35) In section 9444(b)(1)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(36) In section 9681, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(37) In section 9682, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(38) In section 9684, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(39) In section 9686, strike ``section 205 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
486)'' and substitute ``section 121 of title 40''.
(40) In section 9781--
(A) in subsection (b)(2)(D), strike ``title II of the
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 481 et seq.)'' and substitute ``chapter 5 of
title 40'';
(B) in subsection (d), strike ``title II of the
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 481 et seq.)'' and substitute ``chapter 5 of
title 40''; and
(C) in subsection (g)--
(i) insert ``subtitle I of title 40 and subtitle
III of'' before ``the Federal''; and
(ii) add at the end of the subsection ``(41
U.S.C. 251 et seq.)''.
(41) In section 12603(d), strike ``section 201(a) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 481(a))'' and substitute ``section 501 of title 40''.
(42) In section 18239(b)(1), strike ``section 355 of the
Revised Statutes (40 U.S.C. 255)'' and substitute ``section 3111
of title 40''.
(c) Title 14.--Title 14, United States Code, is amended as follows:
(1) In section 92--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(2) In section 93(h)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(3) In section 641--
(A) in subsection (a)--
(i) insert ``subtitle I of title 40 and title
III of'' before ``the Federal''; and
(ii) strike ``(40 U.S.C. 471 et seq.)'' and
substitute ``(41 U.S.C. 251 et seq.)''; and
[[Page 116 STAT. 1299]]
(B) in subsection (c)(2), strike ``section 203 of the
Federal Property and Administrative Services Act of 1949
(40 U.S.C. 484)'' and substitute ``sections 541-555 of
title 40''.
(4) In section 685(c)--
(A) in clause (1), strike--
(i) ``The'' and substitute ``Subtitle I of title
40 and title III of the''; and
(ii) ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''; and
(B) strike clause (2) and substitute--
``(2) Section 1302 of title 40.''.
(d) Title 18.--Section 3668(c) of title 18, United States Code, is
amended by striking ``sections 304f-304m of Title 40'' and substituting
``section 1306 of title 40''.
(e) Title 23.--Title 23, United States Code, is amended as follows:
(1) In section 112(b)(2)(A), strike ``title IX of the Federal
Property and Administrative Services Act of 1949'' and
substitute ``chapter 11 of title 40''.
(2) In section 113(a), strike ``the Act of March 3, 1931,
known as the Davis-Bacon Act (40 U.S.C. 276a)'' and substitute
``sections 3141-3144, 3146, and 3147 of title 40''.
(f) The Internal Revenue Code of 1986.--Section 7608(c)(1)(A)(i)(IV)
of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)(A)(i)(IV)) is
amended by striking ``section 34 of title 40, United States Code'' and
substituting ``section 8141 of title 40''.
(g) Title 28.--Title 28, United States Code, is amended as follows:
(1) In section 604(g)(3)(B), strike ``section 203 of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 484)'' and substitute ``sections 541-555 of title 40''.
(2) In section 612(f), strike ``section 201 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
481)'' and substitute ``sections 501-505 of title 40''.
(3) In section 1499, strike ``section 104 of the Contract Work
Hours and Safety Standards Act'' and substitute ``section 3703
of title 40''.
(h) Title 31.--Title 31, United States Code, is amended as follows:
(1) In section 781(a), strike ``section 7 of the Public
Buildings Act of 1959, as amended (40 U.S.C. 606)'' and
substitute ``section 3307 of title 40''.
(2) In section 782, strike ``(as defined in section 105 of the
Public Buildings Cooperative Use Act of 1976 (40 U.S.C. 612a))''
and substitute ``(as defined in section 3306(a) of title 40)''.
(3) In section 1105(g)(2)(B)(ii), strike ``section 901 of the
Brooks Architect-Engineers Act (40 U.S.C. 541)'' and substitute
section ``1102 of title 40''.
(4) In section 3126--
(A) in subsection (a), strike ``section 2 of the
Government Losses in Shipment Act (40 U.S.C. 722)'' and
substitute ``section 17303(a) of title 40''; and
(B) in subsection (b), strike ``Section 3 of the
Government Losses in Shipment Act (40 U.S.C. 723)
(related to finality of decisions of the Secretary)''
and substitute ``Section 17304(c) of title 40''.
(5) In section 3511(c)(1), strike ``section 205(b) of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 486(b))'' and substitute ``section 121(b) of title 40''.
[[Page 116 STAT. 1300]]
(6) In section 3551(3), strike ``section 3 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
472)'' and substitute ``section 102 of title 40''.
(7) In section 3905(f)(1), strike ``section 2 of the Act of
August 24, 1935 (40 U.S.C. 270b)'' and substitute ``section
3133(b) of title 40''.
(8) In section 6703(d)(5)--
(A) strike ``the Act of March 3, 1931 (commonly known
as the Davis-Bacon Act); as amended (40 U.S.C. 276a-
276a-5)'' and substitute ``sections 3141-3144, 3146, and
3147 of title 40''; and
(B) strike ``section 2 of the Act of June 1, 1934
(commonly known as the Copeland Anti-Kickback Act), as
amended (40 U.S.C. 276c, 48 Stat. 948)'' and substitute
``section 3145 of title 40''.
(9) In section 9303--
(A) in subsection (d), before clause (1)--
(i) strike ``the Act of August 24, 1935 (known
as the Miller Act) (40 U.S.C. 270a-270d)'' and
substitute ``sections 3131 and 3133 of title 40'';
and
(ii) strike ``section 3 of the Act (40 U.S.C.
270c)'' and substitute ``section 3133(a) of title
40'';
(B) in subsection (d)(1)--
(i) strike ``the Act of August 24, 1935 (known
as the Miller Act) (40 U.S.C. 270a-270d)'' and
substitute ``sections 3131 and 3133 of title 40'';
and
(ii) strike ``section 2 of the Act (40 U.S.C.
270b)'' and substitute ``section 3133(b) of title
40''; and
(C) in subsection (e)(2)(A), strike ``the Act of
August 24, 1935 (known as the Miller Act) (40 U.S.C.
270a-270d)'' and substitute ``sections 3131 and 3133 of
title 40''.
(i) Title 36.--Title 36, United States Code, is amended as follows:
(1) In section 2103(a)(1), strike ``section 355 of the Revised
Statutes (40 U.S.C. 255)'' and substitute ``section 3111 of
title 40''.
(2) In section 220314(b), strike ``section 451 of the
Legislative Reorganization Act of 1970 (40 U.S.C. 193m-1)'' and
substitute ``section 5108 of title 40''.
(j) Title 38.--Title 38, United States Code, is amended as follows:
(1) In section 115(1), strike ``section 355 of the Revised
Statutes (40 U.S.C. 255)'' and substitute ``section 3111 of
title 40''.
(2) In section 310(b), strike ``division E of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1401 et seq.)'' and substitute
``subtitle III of title 40''.
(3) In section 8122(a)(1), strike ``section 321 of the Act of
June 30, 1932 (40 U.S.C. 303b)'' and substitute ``section 1302
of title 40''.
(4) In section 8135(a)(8), strike ``the Act of March 3, 1931
(40 U.S.C. 276a--276a-5) (known as the Davis-Bacon Act)'' and
substitute ``sections 3141-3144, 3146, and 3147 of title 40''.
(5) In section 8162(a)--
(A) in paragraph (1), strike ``section 321 of the Act
of June 30, 1932 (40 U.S.C. 303b), sections 202 and 203
of the Federal Property and Administrative Services Act
of 1949 (40 U.S.C. 483, 484)'' and substitute
``subchapter
[[Page 116 STAT. 1301]]
II of chapter 5 of title 40, sections 541-555 and 1302
of title 40''; and
(B) in paragraph (3), strike ``the Act of March 3,
1931 (40 U.S.C. 276a et seq.)'' and substitute
``sections 3141-3144, 3146, and 3147 of title 40''.
(6) In section 8165(c), strike ``section 204 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 485)
or the Act of June 8, 1896 (40 U.S.C. 485a)'' and substitute
``subchapter IV of chapter 5 of title 40''.
(7) In section 8201(e), strike ``section 321 of the Act of
June 30, 1932 (40 U.S.C. 303b)'' and substitute ``section 1302
of title 40''.
(k) Title 39.--Section 410(b)(4) of title 39, United States Code, is
amended to read as follows:
``(4) the following provisions of title 40:
``(A) sections 3114-3116, 3118, 3131, 3133, and 3141-
3147; and
``(B) chapters 37 and 173;''.
(l) Title 44.--Title 44, United States Code, is amended as follows:
(1) In section 311(a), strike ``the Federal Property and
Administrative Services Act, approved June 30, 1949, as
amended,'' and substitute ``subtitle I of title 40 and title III
of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.)''.
(2) In section 2901(13), strike ``section 3(a) of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C.
472(a))'' and substitute ``section 102 of title 40''.
(3) In section 3501(8)(B), strike ``the Computer Security Act
of 1987 (Public Law 100-235)'' and substitute ``section 11332 of
title 40''.
(4) In section 3502(9)--
(A) strike ``section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401)'' and substitute ``section 11101
of title 40''; and
(B) strike ``section 5142 of that Act (40 U.S.C.
1452)'' and substitute ``section 11103 of title 40''.
(5) In section 3504--
(A) in subsection (g)(2), strike ``section 5131 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1441), and sections
5 and 6 of the Computer Security Act of 1987 (40 U.S.C.
759 note)'' and substitute ``sections 11331 and 11332(b)
and (c) of title 40'';
(B) in subsection (g)(3), strike ``section 5131 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1441) and sections
5 and 6 of the Computer Security Act of 1987 (40 U.S.C.
759 note)'' and substitute ``sections 11331 and 11332(b)
and (c) of title 40'';
(C) in subsection (h)(1)(B), strike ``section 5131 of
the Clinger-Cohen Act of 1996 (40 U.S.C. 1441)'' and
substitute ``section 11331 of title 40''; and
(D) in subsection (h)(2)--
(i) strike ``division E of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401 et seq.)'' and substitute
``subtitle III of title 40''; and
(ii) strike ``section 110 of the Federal
Property and Administrative Services Act of 1949
(40 U.S.C. 757)'' and substitute ``section 322 of
title 40''.
[[Page 116 STAT. 1302]]
(6) In section 3506--
(A) in subsection (g)(2), strike ``the Computer
Security Act of 1987 (40 U.S.C. 759 note)'' and
substitute ``section 11332 of title 40''; and
(B) in subsection (g)(3), strike ``the Computer
Security Act of 1987 (40 U.S.C. 759 note)'' and
substitute ``section 11332 of title 40''.
(7) In section 3518(d), strike ``section 5131 of the Clinger-
Cohen Act of 1996 (40 U.S.C. 1441) and the Computer Security Act
of 1987 (40 U.S.C. 759 note)'' and substitute ``sections 11331
and 11332 of title 40''.
(m) Title 46.--Title 46, United States Code, is amended as follows:
(1) In section 2101(17), strike ``section 13 of the Coast
Guard Authorization Act of 1986'' and substitute ``section 558
of title 40''.
(2) In section 3305(c), strike ``section 13 of the Coast Guard
Authorization Act of 1986'' and substitute ``section 558 of
title 40''.
(n) Title 49.--Title 49, United States Code, is amended as follows:
(1) In section 103(e)--
(A) insert ``subtitle I of title 40 and title III of''
before ``the Federal Property''; and
(B) strike ``(40 U.S.C. 471 et seq.)'' and substitute
``(41 U.S.C. 251 et seq.)''.
(2) In section 5325(b), strike ``title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.)'' and substitute ``chapter 11 of title 40''.
(3) In section 5333(a)--
(A) strike ``the Act of March 3, 1931 (known as the
Davis-Bacon Act) (40 U.S.C. 276a--276a-5)'' and
substitute ``sections 3141-3144, 3146, and 3147 of title
40''; and
(B) strike ``section 2 of the Act of June 13, 1934 (40
U.S.C. 276c)'' and substitute ``section 3145 of title
40''.
(4) In section 24312--
(A) in subsection (a)--
(i) strike ``the Act of March 3, 1931 (known as
the Davis-Bacon Act) (40 U.S.C. 276a--276a-5)''
and substitute ``sections 3141-3144, 3146, and
3147 of title 40''; and
(ii) strike ``section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 333)''
and substitute ``section 3704 of title 40''; and
(B) in subsection (b), strike ``the Act of March 3,
1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a--
276a-5)'' and substitute ``sections 3141-3144, 3146, and
3147 of title 40''
(5) In section 40110(c)(2)--
(A) in subclause (C), strike ``(as defined in section
13 of the Public Buildings Act of 1959 (40 U.S.C.
612))'' and substitute ``(as defined in section 3301(a)
of title 40)''; and
(B) in subclause (F), strike ``title II of the Federal
Property and Administrative Services Act of 1949 (40
U.S.C. 481 et seq.)'' and substitute ``sections 121,
123, and 126 and chapter 5 of title 40''.
[[Page 116 STAT. 1303]]
(6) In section 44305(a)(1), strike ``sections 1 and 2 of the
Government Losses in Shipment Act (40 U.S.C. 721, 722)'' and
substitute ``sections 17302 and 17303 of title 40''.
(7) In section 47107(a)(17), strike ``title IX of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 541
et seq.)'' and substitute ``chapter 11 of title 40''.
(8) In section 47112(b), strike ``the Act of March 3, 1931
(known as the Davis-Bacon Act) (40 U.S.C. 276a--276a-5)'' and
substitute ``sections 3141-3144, 3146, and 3147 of title 40''.
(9) In section 49111(d)(1), strike ``section 5 of the Act of
June 6, 1924 (40 U.S.C. 71d),'' and substitute ``section 8722 of
title 40''.
(o) Veterans' Benefits Programs Improvement Act of 1991.--Section
403(e) of the Veterans' Benefits Programs Improvement Act of 1991 (Pub.
L. 102-86, 105 Stat. 424) <<NOTE: 38 USC 2400 note.>> is amended by
striking ``section 303b of title 40, sections 483 and 484 of title 40''
and substituting ``subchapter II of chapter 5 of title 40, sections 541-
555 and 1302 of title 40''.
SEC. 4. REPEAL OF TITLE V OF THE FEDERAL PROPERTY AND ADMINISTRATIVE
SERVICES ACT OF 1949.
Title V of the Federal Property and Administrative Services Act of
1949 (ch. 288), as added by section 6(d) of the Act of September 5, 1950
(ch. 849, 64 Stat. 583), <<NOTE: 44 USC note prec. 101.>> is repealed.
SEC. 5. <<NOTE: 40 USC note prec. 101.>> LEGISLATIVE PURPOSE AND
CONSTRUCTION.
(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
[[Page 116 STAT. 1304]]
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.
SEC. 6. REPEALS.
(a) <<NOTE: 40 USC note prec. 101.>> Inferences of Repeal.--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.
(b) <<NOTE: 40 USC note prec. 101.>> Repealer Schedule.--The laws
specified in the following schedule are repealed, except for rights and
duties that matured, penalties that were incurred, and proceedings that
were begun before the date of enactment of this Act:
Schedule of Laws Repealed
Statutes at Large
----------------------------------------------------------------------------------------------------------------
Statutes at Large U.S. Code
------------------------- (title 40
Date Chapter or Section unless
Public Law Volume Page otherwise
specified)
----------------------------------------------------------------------------------------------------------------
1822
May 7 96.............. 3.................... 3 692............ 307
1874
Feb. 4 22.............. ..................... 18 14............. 28
Mar. 7 50.............. (proviso)............ 18 20............. 29
1876
July 31 246............. (proviso (related to 19 115............ 27
report) in 1st par.
on p. 115).
1877
Mar. 3 105............. (proviso (related to 19 359............ 27
report) in 16th par.
on p. 359).
106............. (words after 2d 19 370............ 34
semicolon in 3d par.
under heading
``Miscellaneous'').
1878
June 20 359............. (proviso in 2d par. 20 220............ 103
under heading
``Building and
Grounds in and
Around Washington
and the Executive
Mansion'').
1879
Mar. 3 182............. 1 (words after 20 388............ 30
semicolon in 5th
par. on p. 388).
July 1 62.............. ..................... 21 47............. 307
1882
Aug. 5 389............. 1 (2d sentence in 8th 22 241............ 35
par. on p. 241).
[[Page 116 STAT. 1305]]
1883
Jan. 16 27.............. 4.................... 22 405............ 42
1888
Aug. 1 728............. ..................... 25 357............ 257, 258
1890
Aug. 30 837............. 3.................... 26 412............ 120
1892
July 29 320............. 15................... 27 325............ 101
Aug. 1 352............. 3.................... 27 340............ 323
1893
Mar. 3 211............. 3.................... 27 715............ 286
1895
Mar. 2 189............. (words after last 28 959............ 190a
comma in 1st par. on
p. 959).
1896
June 8 373............. ..................... 29 268............ 485a
1898
July 1 543............. 5.................... 30 570............ 79
546............. 1 (6th complete par. 30 614............ 285
on p. 614).
July 7 571............. (last par. under 30 672............ 164
catchline ``Capitol
and Grounds'').
1899
Mar. 3 458............. 2 (2d par.).......... 30 1378........... 89
1900
Apr. 17 192............. (words between 1st 31 125............ 164
and 2d semicolons
(related to absence,
disability, or
vacancy) under
catchline ``Office
of the Architect of
the Capitol'').
1901
Mar. 3 830............. 1 (words between 1st 31 1000........... 164
and 2d semicolons
(related to absence,
disability, or
vacancy) under
catchline ``Office
of the Architect of
the Capitol'').
1902
Apr. 28 594............. 1 (6th, last pars. on 32 152............ 19, 31
p. 152).
1903
Feb. 25 755............. 1 (7th par. on p. 32 865............ 484-1
865).
Mar. 3 1007............ 1 (4th complete par. 32 1112........... 304
on p. 1112).
1905
Mar. 3 1483............ 1 (words before 33 1161........... 279
``namely'' in last
sentence of 9th par.
on p. 1161).
1908
May 27 200............. 1 (7th complete par. 35 327, 356, 358.. 43 note, 64,
on p. 327, 1st 283
complete par. on p.
356, proviso on p.
358).
May 30 228............. 34................... 35 545............ 261
1909
Feb. 9 101............. (3d par. under 35 615............ 43 note
heading ``War
Department'').
Mar. 4 299............. 1 (proviso in 2d par. 35 997............ 43
on p. 997).
1910
May 17 243............. ..................... 36 371............ 104, 106
[[Page 116 STAT. 1306]]
June 25 384............. 1 (8th complete par. 36 728............ 105
on p. 728 (less
appropriations)).
1912
Aug. 23 350............. 1 (2d complete par. 37 375............ 251
on p. 375).
Aug. 24 355............. 1 (last proviso in 37 432, 444....... 68, 280
last par. on p. 432,
10th par. on p. 444).
Aug. 26 408............. 1 (last par. on p. 37 605............ 174
605).
1913
Mar. 3 106............. 1 ``Sec. 3'', 4...... 37 727............ 323
Mar. 4 142............. 1 (words after 4th 37 771............ 38.
comma in last par.
on p. 771).
June 23 3............... 1 (proviso on p. 17, 38 17, 22, 25..... 22, 253, 281
last proviso in 2d
complete par. on p.
22, 1st, 3d pars.
under heading
``Central Heating
and Power Plant'').
1914
Aug. 1 223............. 1 (last par. on p. 38 633............ 82
633).
1916
May 10 117............. 1 (last par. under 39 109, 118....... 39, 40
catchline
``Contingent
Expenses'', last
par. less proviso
under catchline
``Rent'').
1917
June 12 27.............. 1 (words before 10th 40 112, 133....... 22, 91
comma in 4th par. on
p. 112, last par. on
p. 133).
1918
July 9 143............. (last par. on p. 850) 40 850............ 314
Aug. 31 164............. 1 (6th par., words 40 951............ 100
before ``and over''
in last par. under
heading ``Washington
Aqueduct.'').
1919
Feb. 25 39.............. 3.................... 40 1173........... 314
Aug. 25 52.............. ..................... 41 281............ 271
1920
Feb. 28 91.............. 213.................. ...... ............... 316
Mar. 6 94.............. (proviso in last par. 41 507............ 272
under heading
``Public
Buildings'').
May 29 214............. 1 (1st complete par. 41 642, 654....... 42, 285
on p. 642, words in
par. under heading
``Independent
Treasury'').
June 5 235............. (2d complete par. on 41 913............ 113
p. 913).
253............. 1 (1st par. under 41 1035........... 186
heading
``Legislative'').
1921
Mar. 3 123............. ..................... 41 1251........... 307
1922
Feb. 17 55.............. (last proviso in 2d 42 369, 387, 388.. 25, 284, 312,
par. and 3d par. 313
under heading
``General Supply
Committee'', last
proviso in 1st
complete par. on p.
387, 1st proviso on
p. 388).
Mar. 20 103............. (last par. (related 42 430............ 26
to inspection) on p.
430).
1923
Jan. 3 22.............. (last proviso in 2d 42 1090, 1108, 25, 284, 312,
par. and 3d par. 1109. 313
under heading
``General Supply
Committee'', last
proviso in 2d par.
on p. 1108, 1st
proviso on p. 1109).
[[Page 116 STAT. 1307]]
Jan. 24 42.............. (proviso in 1st 42 1211........... 115
complete par. on p.
1211).
Feb. 20 98.............. (par. (related to 42 1273........... 26
inspection) under
catchline ``Capitol
Power Plant'').
1924
Apr. 4 84.............. (proviso in 1st par. 43 67, 82, 83..... 25, 284, 312,
and 1st complete 313
par. on. p. 67, last
proviso in 2d par.
under heading
``Public Buildings,
Operating
Expenses'', 1st
proviso on p. 83).
June 5 264............. (proviso in 2d 43 422............ 115
complete par. on p.
422).
June 6 270............. 1-4(a), (d), (e), 5, 43 463............ 71-71d, 71f-72,
7-13. 73, 74
June 7 303............. 1(words between 1st 43 587............ 26
and 2d semicolons
(related to
inspection) in 9th
par. under heading
``Capitol Buildings
and Grounds'').
1925
Jan. 22 87.............. (last proviso in 2d 43 766, 781....... 25, 284, 312,
par. and 3d par. 313
under heading
``General Supply
Committee'', last
proviso in complete
par. and 1st proviso
in last par. on p.
781)).
Feb. 26 339............. ..................... 43 983............ 2-6
Mar. 3 462............. (proviso in 1st par. 43 1176........... 115
on p. 1176).
Mar. 4 549............. 1 (words between 1st 43 1296........... 26
and 2d semicolons
(related to
inspection) in 1st
par. on p. 1296).
556............. 1 (1st par. under 43 1323........... 91
heading ``Public
Buildings and
Grounds'').
1926
Mar. 2 43.............. 1 (proviso in 1st 44 139, 153, 154.. 25, 284, 312,
par. and 1st 313
complete par. on p.
139, last proviso in
2d par. under
heading ``Public
Buildings, Operating
Expenses'', 1st
proviso on p. 154).
Mar. 3 44.............. 1 (last par. under 44 173............ 117
heading ``Department
of the Interior,
Contingent
Expenses'').
Apr. 29 195............. (proviso in 3d 44 368............ 115
complete par. on p.
368).
Apr. 30 198............. ..................... 44 374............ 71
May 13 294............. 1 (words between 1st 44 547............ 26, 222
and 2d semicolons
(related to
inspection) in 1st
par. and 4th
complete par. on p.
547).
May 25 380............. 3, 5 (related to 44 632, 633, 635.. 343, 345a
``amendment'' by Act
of Feb. 16, 1931
(ch. 203, 46 Stat.
1164)), 8.
1927
Jan. 26 58.............. 1 (last proviso in 44 1030, 1044, 25, 284, 312,
1st par. and 1st 1045. 313
complete par. on p.
1030, last proviso
in 2d par. under
heading ``Public
Buildings, Operating
Expenses'', 1st
proviso on p. 1045).
Feb. 23 168............. 1 (words between 1st 44 1156........... 26
and 2d semicolons
(related to
inspection) in 5th
par. on p. 1156).
Feb. 24 189............. (provisos in 3d par. 44 1219........... 115, 115a
on p. 1219).
1928
Feb. 15 57.............. (provisos in 3d 45 103............ 115, 115a
complete par. on p.
103).
[[Page 116 STAT. 1308]]
Mar. 5 126............. 1 (last proviso in 45 165, 185, 186.. 25, 112a, 284,
1st par. and 1st 312, 313
complete par. on p.
165, last proviso in
2d par. under
heading ``Public
Buildings, Operating
Expenses'', provisos
and last sentence in
1st par. on p. 186).
May 14 551............. 1 (words between 1st 45 526............ 26
and 2d semicolons
(related to
inspection) in last
par. on p. 526).
May 24 726............. ..................... 45 726............ 71
May 29 901............. 1(8), (85)........... 45 986, 992....... 174, 314
Dec. 20 39.............. 1 (1st par. on p. 45 1031, 1048..... 25, 30a, 284,
1031, 2d proviso and 313
provisos in 1st
complete par. on p.
1048).
Dec. 22 48.............. ..................... 45 1070........... 72a, 72b
1929
Jan. 25 102............. (provisos in 4th par. 45 1133........... 115, 155a
on p. 1133).
Feb. 28 367............. 1 (words between 1st 45 1396........... 26
and 2d semicolons
(related to
inspection) in 8th
par. on p. 1396).
Mar. 1 423............. ..................... 45 1425........... 271
June 20 33.............. 6 (words after 1st 46 39............. 161a
comma).
1930
Apr. 18 184............. (provisos in 2d 46 212............ 115, 115a
complete par. on p.
212).
May 15 289............. 1 (5th par. under 46 337, 358....... 25, 30a, 284,
heading ``Division 313
of Supply'', 1st
proviso and provisos
in 1st complete par.
on p. 358).
May 16 291............. ..................... 46 366............ 121, 121 note
June 6 407............. 1 (words between 5th 46 513, 514....... 26, 174a
and 6th semicolons
(related to
inspection) in 1st
par. under heading
``Capitol Buildings
and Grounds'', 1st
complete par. on p.
514 (related to care
and operation of
Senate Office
Building)).
June 28 710............. ..................... 46 828............ 255
1931
Feb. 16 203............. 1.................... 46 1164........... 345a
Feb. 20 234............. 1 (words between 5th 46 1183, 1184..... 26, 174a
and 6th semicolons
(related to
inspection) in 1st
par. under heading
``Capitol Buildings
and Grounds'', 1st
complete par. on p.
1184 (related to
care and operation
of Senate Office
Building)).
Feb. 23 277............. 1 (3d par. on p. 46 1219, 1234, 25, 30a, 284,
1219, last proviso 1235. 313
in complete par. and
proviso in last par.
on p. 1234, proviso
in 1st par. on p.
1235).
280............. 1 (provisos in 3d 46 1349........... 115, 115a
par. on p. 1349).
Feb. 26 307............. ..................... 46 1421........... 258a--258e-1
Mar. 3 411............. ..................... 46 1494........... 276a--276a-6
1932
May 20 197............. ..................... 47 161............ 122, 123
May 21 200............. ..................... 47 163............ 124-126
[[Page 116 STAT. 1309]]
June 30 314............. 1 (words between 5th 47 391, 392, 412.. 26, 174a, 267a,
and 6th semicolons 303b
(related to
inspection) in 1st
par. under heading
``Capitol Buildings
and Grounds'', 1st
par. on p. 392
(related to care and
operation of Senate
Office Building)),
320, 321.
July 1 361............. 1 (2d, last provisos 47 517............ 115, 115a
in 1st par. on p.
517).
July 5 430............. 1 (1st complete par. 47 582, 596....... 25, 30a, 284,
on p. 582, last 313
proviso in 1st
complete par. and
provisos in last
par. on p. 596).
1933
Feb. 11 48.............. 1.................... 47 799............ 124, 125
Feb. 28 134............. 1 (words between 5th 47 1360........... 26, 174a
and 6th semicolons
(related to
inspection) in 1st
par. under heading
``Capitol Buildings
and Grounds'', last
par. on p. 1360
(related to care and
operation of Senate
Office Building)).
Mar. 1 144............. 1 (provisos in 4th 47 1406........... 115, 115a
par. on p. 1406).
Mar. 3 212............. (2d par. under 47 1491, 1505, 25, 30a, 284,
heading ``General 1506. 313
Supply Committee'',
last proviso in
complete par. and
last proviso on p.
1505, proviso in 1st
par. on p. 1506).
June 16 90.............. 202-210, 220, 303, 48 201, 210, 211.. 402-411, 413,
304. 414
101............. 7.................... 48 305............ 315
1934
Jan. 24 4............... 34................... 48 336............ 191
Feb. 15 13.............. 1 (words before 1st 48 351............ 411a
proviso (related to
continuation of
Civil-Works
program)).
Mar. 15 70.............. 1 (1st complete par. 48 438, 441, 442, 25, 30a, 284,
on p. 438, last 449. 313
proviso in 2d par.
under heading
``Public Buildings,
Operating
Expenses'', provisos
in 1st par. on p.
442, last proviso in
4th par. under
heading ``Public
Buildings,
Maintenance and
Operation'').
May 7 222............. 1-3.................. 48 668............ 13a-13c
May 30 372............. 1 (words between 5th 48 827............ 26, 174a
and 6th semicolons
(related to
inspection) in 1st
par. and 5th
complete par. on p.
827 (related to care
and operation of
Senate Office
Building)).
June 13 482............. 2.................... 48 948............ 276c
June 19 648............. (last par. on p. 48 1044........... 22a
1044).
1935
May 14 110............. 1 (last proviso in 3d 49 233, 234....... 284, 313, 313a
par. on p. 233, last
proviso and last
par. on p. 234).
June 27 320............. ..................... 49 425............ 22b, 22b note,
22c
July 8 374............. (3d complete par. on 49 470............ 174a
p. 470 (related to
care and operation
of Senate Office
Building)).
Aug. 24 642............. ..................... 49 793............ 270, 270a, 270a
notes, 270b--
270d-1
[[Page 116 STAT. 1310]]
Aug. 26 684............. ..................... 49 800............ 345b, 345c
Aug. 27 740............. 301-308.............. 49 879............ 304f-304m
744............. ..................... 49 885............ 304a-304e
Aug. 30 825............. ..................... 49 1011........... 276a--276a-6
1936
June 23 725............. 1 (last proviso in 2d 49 1843, 1844..... 284, 313, 313a
complete par. on p.
1843, last proviso
and last par. on p.
1844).
June 25 822............. ..................... 49 1938........... 290
June 29 860............. ..................... 49 2025........... 421-425
1937
May 14 180............. 1 (last proviso in 2d 50 153, 154, 163.. 284, 313, 313a
complete par. on p.
153, last proviso
and last par. on p.
154, last proviso in
1st par. on p. 163).
May 18 223............. (last par. on p. 179 50 179............ 174a
(related to care and
operation of Senate
Office Building)).
July 8 444............. 1-7, 10, 11.......... 50 479, 484....... 721, 721 notes,
722-729
1938
Mar. 28 55.............. 1 (last proviso on p. 52 137, 139, 147.. 284, 313, 313a
137, last proviso
and 1st complete
par. on p. 139, last
proviso in 1st
complete par. on p.
147).
May 17 236............. (1st par. under 52 391............ 174a
catchline ``Senate
Office Building''
(related to care and
operation of Senate
Office Building)).
June 15 400............. ..................... 52 693............ 311b
June 20 534............. 16................... 52 802............ None
1939
May 6 115............. 1 (last proviso in 2d 53 672, 674, 682.. 109a, 284, 313,
complete par. on p. 313a
672, 4th and last
provisos and 1st
complete par. on p.
674, last proviso in
1st complete par. on
p. 682).
June 3 176............. ..................... 53 808............ 311b
July 15 281............. (3d par. under 53 1033........... 60a
heading ``Department
of Vehicles and
Traffic'').
July 31 400............. ..................... 53 1144........... 121
Aug. 5 449............. ..................... 53 1211........... 72c, 72c note,
72d, 72d note,
72e, 72e note,
74a, 74a note,
74b, 74c
Aug. 10 665............. 1-3.................. 53 1358........... 723-725, 729
1940
Feb. 1 18.............. ..................... 54 19............. 255
Mar. 25 71.............. (6th and last 54 69, 70, 77..... 109a, 284, 313,
provisos on p. 69, 313a
1st par. on p. 70,
last proviso in 2d
complete par. on p.
77).
June 12 333............. (3d par. under 54 334............ 60a
heading ``Department
of Vehicles and
Traffic'').
June 15 373............. ..................... 54 399............ 276a, 276a note
June 18 396............. (last par. under 54 472............ 166a
heading ``Office of
the Architect of the
Capitol'').
July 18 634............. ..................... 54 764............ 109, 109a
635............. ..................... 54 764............ 304a-304d
[[Page 116 STAT. 1311]]
Aug. 13 666............. ..................... 54 788............ 316
Sept. 9 717............. (3d proviso under 54 873............ 269a
heading ``Military
Posts'').
Oct. 8 756............. (1st proviso on p. 54 968............ 269a
968).
Oct. 9 793............. ..................... 54 1083........... 255
Oct. 22 908............. 6.................... 54 1208........... 13e
1941
Mar. 23 26.............. (last proviso in 5th 55 53............. 276a-7
complete par. on p.
53).
Apr. 29 81.............. ..................... 55 147............ 270e, 270f
May 31 156............. 1 (6th and last 55 226, 234....... 109a, 284, 313,
provisos on p. 226, 313a
2d par. under
heading
``Procurement
Division'', last
proviso in 1st
complete par. on p.
234).
June 30 262............. (2d proviso under 55 375............ 269a
heading ``Military
Posts'').
July 1 268............. (last par. under 55 457............ 166a
heading ``Office of
the Architect of the
Capitol'').
271............. (1st par. on p. 529). 55 529............ 60a
Aug. 21 395............. (last proviso in 14th 55 664............ 276a-7
par. on p. 664).
Dec. 10 563............. ..................... 55 796............ 291
1942
Feb. 21 108............. (words after last 56 109............ 313
comma in 1st par. on
p. 109).
Mar. 10 178............. (5th and 6th provisos 56 161, 169....... 109a, 284, 313,
and 1st complete 313a
par. on p. 161, 2d
proviso on p. 169).
Apr. 28 249............. ..................... 56 247............ 278b
June 8 396............. (last par. under 56 341............ 166a
heading ``Office of
the Architect of the
Capitol'').
June 27 450............. (1st proviso in 2d 56 407............ 277a, 284
complete par. and
last par. on p. 407).
452............. (1st complete par. on 56 451............ 60a
p. 451).
Oct. 21 618............. ..................... 56 797............ 258f
1943
June 26 145............. 101 (proviso in par. 57 176, 177, 178.. 7a, 265a, 277a,
under heading 284
``Office of the
Administrator'',
last proviso on p.
177, 1st and 2d
complete pars. on p.
178).
June 28 173............. (1st complete par. on 57 232............ 166a
p. 232).
June 30 179............. (5th and 6th provisos 57 262, 269....... 109a, 284, 313,
and 1st complete 313a
par. on p. 262), 201
(last proviso).
July 1 184............. (3d par. under 57 338............ 60a
heading ``Department
of Vehicles and
Traffic'').
1944
Apr. 1 152............. (words before proviso 58 162............ 756 note
in last par. under
heading ``Treasury
Department'').
Apr. 22 175............. (7th proviso and 1st 58 206, 214....... 284, 313, 313a
complete par. on p.
206, last proviso in
1st complete par. on
p. 214).
June 26 277............. 101 (last par. under 58 346............ 166a
heading ``Office of
the Architect of the
Capitol'').
June 27 286............. 101 (1st proviso on 58 367, 368, 369.. 7a, 265a,
p. 367, 1st proviso 277a,284
in 2d complete par.
and last par. on p.
368, 1st complete
par. on p. 369).
June 28 300............. (last proviso on p. 58 526............ 60a
526).
[[Page 116 STAT. 1312]]
1945
Apr. 24 92.............. (2d proviso and 1st 59 67, 74......... 284, 313, 313a
complete par. on p.
67, last proviso in
3d par. under
heading ``Public
Buildings,
Maintenance and
Operation'').
May 3 106............. 101 (proviso in 1st 59 112, 114....... 7a, 265a, 277a,
par. under heading 284, 292, 293
``Office of the
Administrator'',
proviso in 1st and
2d complete pars.,
last complete par.,
and last par. on p.
114, 1st and 2d
complete pars. on p.
115).
June 13 189............. 101 (2d par. under 59 251............ 166a
heading ``Office of
the Architect of the
Capitol'').
June 30 209............. (4th proviso in 1st 59 289............ 60a
complete par. on p.
289).
1946
Mar. 28 113............. 101 (proviso in 1st 60 65, 67......... 7a, 265a, 277a,
par. under heading 284, 292
``Office of the
Administrator'',
proviso in 1st and
2d pars. and 3d-last
pars. on p. 67).
June 14 404............. 1-4, 7-9............. 60 257, 258....... 128, 295, 296,
304b, 304c,
341 note
July 1 530............. 101 (2d par. under 60 400............ 166a
heading ``Office of
the Architect of the
Capitol'').
July 9 544............. (4th proviso in 1st 60 518............ 60a
complete par. on p.
518).
July 20 588............. 101 (5th proviso and 60 579, 585....... 284, 313, 313a
1st complete par. on
p. 579, last proviso
in 3d par. under
heading ``Public
Buildings,
Maintenance and
Operation'').
589............. 302.................. 60 595............ 33a
July 31 707............. 1-8, 10-13, 15, 16(a) 60 718, 719, 720.. 193a-193h, 193h
note, 193i-
193m, 194-205,
213
Aug. 7 770............. (55)................. 60 870............ 314
1947
July 1 186............. (last proviso and 1st 61 224, 233....... 284, 313, 313a
complete par. on p.
224, last proviso in
1st complete par. on
p. 233).
July 17 262............. 101 (2d par. under 61 369............ 166a
heading ``Office of
the Architect of the
Capitol'').
July 25 324............. (4th proviso in 1st 61 443............ 60a
par. on p. 443).
327............. 2(a) (5th par.)...... 61 451............ 101 note
July 30 358............. 302.................. 61 583............ 33a
359............. 101 (proviso in last 61 593, 594....... 277a, 284, 292
complete par. and
last par. on p. 593,
1st and 2d complete
pars. on p. 594).
Aug. 5 493............. 2 (1st sentence)..... 61 774............ 303
1948
Apr. 20 219............. 101 (proviso in 1st 62 183............ 277a, 284, 292
and 2d complete
pars., last complete
par., and last par.
on p. 183).
May 14 290............. ..................... 62 235............ 129a-130a
June 1 359............. ..................... 62 281............ 318-318d
June 14 466............. (5th proviso and 1st 62 415, 416, 421.. 284, 313, 313a,
complete par. on p. 756 note
415, 3d complete
par. on p. 416, last
proviso on p. 421).
[[Page 116 STAT. 1313]]
467............. 101 (last par. under 62 430............ 166a
heading ``Office of
the Architect of the
Capitol'').
June 19 555............. (4th proviso in 1st 62 553............ 60a
complete par. on p.
553).
June 25 646............. 6, 27................ 62 986, 990....... 13c, 257
June 30 773............. 302.................. 62 1194........... 33a
1949
May 24 139............. 134.................. 63 108............ 276c
June 16 218............. 404, 405, 410-413.... 63 199, 200....... 298a, 298a
note, 298b,
298d, 356,
356a
June 22 235............. 101 (1st complete 63 224............ 166a
par. on p. 224).
June 29 279............. (1st proviso on p. 63 319............ 60a
319).
June 30 286............. (last proviso in 1st 63 363, 364....... 313-1, 314a,
par. under heading 756 note
``Bureau of Federal
Supply'', 2d-last
sentences in 1st
complete par. on p.
364, par. under
heading ``General
Supply Fund'').
288............. 1-3, 101-103, 106, 63 377, 381, 382, 471, 471 notes,
107, 109(a)-(c), (e)- 383, 385, 397, 472-476, 481,
(g), 110, 112, 201, 399, 401, 403. 483, 484, 485,
202(a)-(e), (g), 486-490, 491,
(h), 203-212, 401- 492, 511-514,
404, 601, 602(a), 531, 531 note,
(c)-(e), 603, 605, 532-535, 541,
606, 801-806, 901- 541 note, 542-
905. 544, 751-755,
756, 757, 758,
760
Aug. 18 479............. ..................... 63 616............ 13f-13p
Aug. 24 506............. 101 (provisos and 3d 63 640, 662....... 33a, 277a, 284,
and 4th complete 292
pars. on p. 640),
307.
Oct. 13 685............. 1-5, 7, 8............ 63 841, 842....... 451-455, 457,
458
Oct. 26 737............. ..................... 63 920............ 482
1950
July 18 467............. (3d proviso on p. 64 364............ 60a
364).
Sept. 5 849............. 1-5, 6(a) (related to 64 578, 583, 590, 471 note, 472,
Sec. Sec. 601, 591. 472 note, 473,
602(a) and (c)-(e), 474, 475, 481,
603, and 605), (b) 484, 486, 490,
(related to Sec. 491, 492, 752,
Sec. 601, 602(a) 756, 756 note,
and (c)-(e), 603, 758
and 605), (c), 7(a)-
(d), (e)(``Sec.
602(c)''), (f), (g),
8(a), (b), (c)
(related to Sec.
602(e)), 9, 10(b),
11.
Sept. 6 896............. (last par. under 64 602, 706, 708, 33a, 166a,
heading ``Office of 764. 278c, 313-1,
the Architect of the 756 note
Capitol'', 1st
complete par. on p.
706, 1st par. and 2d-
last sentences in
last par. on p. 708,
``Sec. 1207'').
Sept. 27 1052............ (par. under heading 64 1056........... 756 note
``General Supply
Fund'').
1951
Aug. 3 292............. (3d proviso in 1st 65 167............ 60a
par. on p. 167).
Aug. 31 376............. (1st proviso on p. 65 275............ 313-2
275).
[[Page 116 STAT. 1314]]
Oct. 11 485............. (last par. under 65 396............ 166a
heading ``Office of
the Architect of the
Capitol'').
Oct. 24 559............. 1-9, 11.............. 65 634............ 193n-193v, 193x
Oct. 31 654............. 1(73)-(97), 2(1), 65 704, 706, 707, 5a, 7, 8-13,
(20), (24), 4(8). 709. 14, 15-18, 20,
21, 27a, 44,
110-112, 114,
116, 117, 119,
266, 269, 273,
287, 294, 302,
303a, 304,
311b, 312, 484-
1, 485a
Nov. 1 664............. 1307................. 65 756............ 33a
1952
July 5 576............. (3d proviso in 1st 66 385, 400....... 60a, 313-2
complete par. on p.
385, proviso on p.
400).
July 9 598............. (last par. under 66 472............ 166a
heading ``Office of
the Architect of the
Capitol'').
July 10 630............. 633.................. 66 537............ 483a
July 12 703............. 1(a)-(l)............. 66 593............ 472, 483, 484,
487, 490, 756,
41:259
July 15 758............. 1407................. 66 660............ 33a
July 19 949............. 1 ``Sec. 1-4(a), (d), 66 781, 787, 789.. 71, 71 note,
(e), 5, 7-10'', 2. 71a-71d, 71f-
72, 73, 74
1953
July 31 299............. (4th proviso in 1st 67 290, 304....... 60a, 313-2
complete par. on p.
290, last proviso on
p. 304).
Aug. 1 304............. (last par. under 67 327............ 166a
heading ``Office of
the Architect of the
Capitol'').
305............. 630.................. 67 355............ 483a
Aug. 7 340............. 1307, 1316........... 67 436, 439....... 33a, 483b
Aug. 8 399............. ..................... 67 521............ 484
1954
June 24 359............. (last proviso on p. 68 282............ 313-2
282).
June 30 432............. 723.................. 68 355............ 483a
July 1 449............. (last proviso on p. 68 386............ 60a
386).
July 2 455............. (last par. under 68 405............ 166a
heading ``Office of
the Architect of the
Capitol'').
July 14 481............. ..................... 68 474............ 484
Aug. 2 649............. 702(a), (b), (d)-(g), 68 641............ 460, 462
703.
Aug. 26 935............. 1307................. 68 829............ 33a
Aug. 30 1076............ (20)................. 68 967............ 122
Aug. 31 1178............ ..................... 68 1051........... 485
Sept. 1 1211............ 1-4.................. 68 1126........... 471, 472, 490,
491, 491 note
1955
May 25 76.............. ..................... 69 66............. 106
June 3 129............. ..................... 69 83............. 270e
130............. ..................... 69 83............. 484, 484 notes
June 29 226............. 207.................. 69 196............ 33a
June 30 244............. (last proviso on p. 69 205............ 313-2
205).
July 5 272............. (3d par. under 69 254............ 60a
heading ``Department
of Vehicles and
Traffic'').
July 13 358............. 622.................. 69 319............ 483a
Aug. 1 442............. ..................... 69 430............ 484
[[Page 116 STAT. 1315]]
Aug. 5 568............. (2d par. under 69 515............ 166a
heading ``Office of
the Architect of the
Capitol'').
Aug. 11 783............. 112.................. 69 641............ 462
Aug. 12 874............. 1, 2................. 69 721............ 472
1956
June 13 385............. 207.................. 70 281............ 33a
June 27 452............. (2d par. on p. 344, 70 344, 345....... 313-2, 756 note
3d par. on p. 345).
453............. (2d par. under 70 365............ 166a
heading ``Office of
the Architect of the
Capitol'').
June 29 479............. (3d par. under 70 447............ 60a
heading ``Department
of Vehicles and
Traffic'').
July 2 488............. 618.................. 70 471............ 483a
July 3 513............. 1-3, 5............... 70 493, 495....... 484, 484 note
July 27 748............. (par. under heading 70 686............ 756 note
``General Supply
Fund'').
Aug. 3 942............. ..................... 70 1020........... 484
1957
June 5 85-48........... 207.................. 71 54............. 33a
June 29 85-69........... (3d complete par. on 71 231, 232....... 313-2, 756 note
p. 231, 5th complete
par. on p. 232).
July 1 85-75........... (2d par. under 71 251............ 166a
heading ``Office of
the Architect of the
Capitol'').
Aug. 2 85-117.......... 618.................. 71 326............ 483a
1958
Feb. 28 85-337.......... 5.................... 72 29............. 472
June 25 85-468.......... 207.................. 72 225............ 33a
July 2 85-486.......... ..................... 72 288............ 484
85-493.......... ..................... 72 294............ 304c, 490
July 18 85-542.......... ..................... 72 399............ 298d
July 31 85-570.......... (last par. under 72 448............ 166a
heading
``Salaries'').
Aug. 19 85-680.......... ..................... 72 631............ 488
Aug. 22 85-724.......... 617.................. 72 727............ 483a
Aug. 23 85-726.......... 1406................. 72 808............ 474
Aug. 27 85-781.......... ..................... 72 936............ 481
Aug. 28 85-800.......... 12................... 72 967............ 276c
Aug. 28 85-844.......... (par. under heading 72 1068, 1069..... 313-2, 756 note
``General Supply
Fund'', last par. on
p. 1069).
Sept. 2 85-886.......... 1, 3................. 72 1709........... 490
1959
May 20 86-30........... (par. under heading 73 43............. 756 note
``General Supply
Fund'').
June 25 86-70........... 30(a)................ 73 148............ 472
July 8 86-79........... 207.................. 73 166............ 33a
Aug. 4 86-135.......... ..................... 73 279............ 270b, 270b
note, 270c
Aug. 18 86-166.......... 616.................. 73 381............ 483a
Aug. 21 86-176.......... (2d par. under 73 407............ 166a
heading
``Salaries'').
Sept. 1 86-215.......... ..................... 73 446............ 485
[[Page 116 STAT. 1316]]
Sept. 9 86-249.......... 1-17(5), (7)-(23), 19- 73 479, 484....... 23, 24, 32, 33,
21. 59, 260, 262-
265, 267, 268,
274-276, 277,
278, 282, 297-
298, 298c, 341-
342a, 344,
345, 346-350a,
352-354, 490,
601, 601 note,
602, 603-612,
613-615, 617-
619
Sept. 14 86-255.......... (4th par. under 73 507............ 313-2
heading ``General
Provisions'').
Sept. 23 86-372.......... 801.................. 73 686............ 462
1960
May 13 86-461.......... ..................... 74 128............ 106
June 27 86-527.......... ..................... 74 223............ 131, 131 note,
132-135
July 5 86-591.......... ..................... 74 330............ 756
July 7 86-601.......... 516.................. 74 352............ 483a
86-608.......... ..................... 74 363............ 345c
July 12 86-624.......... 26, 27(a)-(c)........ 74 418............ 276a, 472, 491,
514
86-626.......... 101 (3d and 6th 74 434............ 313-2, 484a
complete pars. on p.
434).
86-628.......... (last par. under 74 455............ 166a
heading
``Salaries'').
86-642.......... 207.................. 74 478............ 33a
Sept. 13 86-764.......... ..................... 74 904............ 126
1961
Mar. 31 87-14........... (par. under heading 75 25............. 756 note
``General Supply
Fund'').
June 30 87-70........... 502.................. 75 175............ 462
July 6 87-82........... 2.................... 75 199............ 174j-2
July 20 87-94........... ..................... 75 213............ 484
Aug. 3 87-125.......... 507.................. 75 283............ 33a
Aug. 10 87-130.......... (last par. under 75 329............ 166a
heading
``Salaries'').
Aug. 17 87-141.......... (par. under heading 75 351, 353....... 313-2, 756 note
``General Supply
Fund'', 2d par. on
p. 353).
87-144.......... 616.................. 75 378............ 483a
Sept. 22 87-275.......... ..................... 75 574............ 318d
Oct. 4 87-372.......... ..................... 75 802............ 756
1962
May 24 87-456.......... 303(b)............... 76 78............. 474
June 8 87-476.......... ..................... 76 92............. 607
July 25 87-545.......... (par. under heading 76 212............ 756 note
``General Supply
Fund'').
Aug. 6 87-571.......... ..................... 76 307............ 193f, 193h
Aug. 9 87-577.......... 516.................. 76 331............ 483a
Aug. 13 87-581.......... 1, 2, 101-108, 203, 76 357, 360....... 321, 321 note,
204. 322, 324-327,
327 notes, 328-
334
Aug. 24 87-600.......... ..................... 76 401............ 756
Aug. 31 87-619.......... ..................... 76 414............ 486
Sept. 14 87-658.......... 6.................... 76 544............ 462
Sept. 25 87-683.......... ..................... 76 575............ 71a
[[Page 116 STAT. 1317]]
Oct. 2 87-730.......... (last par. under 76 688............ 166a
heading
``Salaries'').
Oct. 3 87-741.......... (par. under heading 76 725, 727....... 313-2, 756 note
``General Supply
Fund'', last par. on
p. 727).
Oct. 10 87-786.......... ..................... 76 805............ 484
Oct. 23 87-847.......... ..................... 76 1117........... 757
87-852.......... ..................... 76 1129........... 319c
1963
May 17 88-25........... (par. under heading 77 26............. 756 note
``General Supply
Fund'').
Oct. 17 88-149.......... 516.................. 77 267............ 483a
Dec. 19 88-215.......... (par. under heading 77 434, 436....... 313-2, 756 note
``General Supply
Fund'', 4th par. on
p. 436).
Dec. 30 88-248.......... (last par. under 77 812............ 166a
heading
``Salaries'').
1964
July 2 88-349.......... 1.................... 78 238............ 276a
Aug. 1 88-391.......... ..................... 78 365............ 193r, 193t,
193v, 193x
Aug. 14 88-426.......... 203(d) (related to 78 415............ 166b, 166b-1
Assistant Architect
of the Capitol), (e).
Aug. 19 88-446.......... 516.................. 78 477............ 483a
Aug. 20 88-454.......... (last par. under 78 544............ 166a
heading
``Salaries'').
Aug. 30 88-507.......... (2d complete par. on 78 655............ 313-2
p. 655).
88-515.......... ..................... 78 696............ 701, 701 note,
702, 703
Sept. 2 88-560.......... 602.................. 78 799............ 462
1965
Mar. 9 89-4............ 1, 2, 101-108, 201, 79 5, 17.......... 40 App.:1, 2,
202, 207, 214, 221- 101-108, 201,
226, 301-304, 401- 202, 207, 214,
405. 221-226, 301-
304, 401-405
June 2 89-30........... 1-4.................. 79 118............ 301, 306, 308-
310
July 27 89-90........... (1st par. on p. 276). 79 276............ 166a
Aug. 10 89-117.......... 1104................. 79 503............ 462
Aug. 16 89-128.......... (2d complete par. on 79 531............ 313-2
p. 531).
Sept. 8 89-173.......... 1, 5(a), 6........... 79 663, 665, 666.. 684, 685
Sept. 29 89-213.......... 616.................. 79 876............ 483a
Oct. 20 89-276.......... ..................... 79 1010........... 490
Nov. 8 89-343.......... 6.................... 79 1303........... 474
89-344.......... ..................... 79 1304........... 490
89-348.......... 2(4)................. 79 1312........... 484
1966
Aug. 27 89-545.......... (last par. under 80 364............ 166a
heading
``Salaries'').
Sept. 6 89-555.......... (4th par. on p. 674). 80 674............ 313-2
Oct. 15 89-670.......... 8(b)................. 80 942............ 40 App.:201
89-687.......... 616.................. 80 994............ 483a
Oct. 29 89-698.......... 401.................. 80 1072........... 214a
Nov. 2 89-719.......... 105(b)............... 80 1139........... 270a
Nov. 7 89-790.......... ..................... 80 1424........... 71 note
1967
May 25 90-19........... 7, 10(a) (related to 81 22............. 460, 462, 474
Sec. 702), (d).
May 29 90-21........... (par. under heading 81 33............. 756 note
``General Supply
Fund'').
[[Page 116 STAT. 1318]]
July 28 90-57........... (last par. under 81 136............ 166a
heading
``Salaries'').
Sept. 29 90-96........... 616.................. 81 245............ 483a
Oct. 11 90-103.......... 101-104, 106, 107, 81 257, 258, 261, 40 App.:1 note,
112, 116-123. 263. 102, 105, 106,
201, 202, 207,
214, 221, 223
, 224, 302,
303, 401, 403
Oct. 20 90-108.......... ..................... 81 275............ 101, 193a, 193a
note, 193f,
193h, 193m
Nov. 3 90-121.......... (2d complete par. on 81 349............ 313-2
p. 349).
Nov. 14 90-135.......... ..................... 81 441............ 771, 771 note,
781-786, 791,
792
Dec. 16 90-206.......... 219(3), (4).......... 81 639............ 166b, 166b-1
1968
Mar. 12 90-264.......... 1, 101-107, 109- 82 43, 45......... 801, 801 note,
116(a)(1), (b), 117- 802-804, 804
120, 201-203. note, 805-808,
811-819a, 821-
823
June 19 90-351.......... 525.................. ...... ............... 484
July 5 90-376.......... 3.................... 82 286............ 193v
July 23 90-417.......... (2d par. under 82 407............ 166a
heading
``Salaries'').
July 23 90-417.......... (last par. under 82 407............ 167a note
heading
``Salaries'').
Aug. 1 90-448.......... 201(f), 607, 807(f).. 82 502, 534, 544.. 462, 612, 40
App.:207
Oct. 4 90-550.......... (2d complete par. on 82 944............ 313-2
p. 944).
Oct. 16 90-577.......... 501.................. 82 1104........... 531, 531 note,
532-535
Oct. 17 90-580.......... 516.................. 82 1132........... 483a
Oct. 22 90-626.......... ..................... 82 1319........... 490
1969
June 30 91-34........... 2(c)................. 83 41............. 193m
Aug. 9 91-54........... ..................... 83 96............. 327 notes, 333
Nov. 25 91-123.......... 101-104, 106-111..... 83 214, 215....... 40 App.:1 note,
105, 201, 202,
207, 214, 302,
401, 403, 405
Nov. 26 91-126.......... (4th par. under 83 228............ 313-2
heading ``General
Provisions'').
Dec. 9 91-143.......... 8.................... 83 322............ 651, 652, 661,
663-665, 671,
682-684
Dec. 12 91-145.......... (last par. under 83 350............ 166a
heading
``Salaries'').
Dec. 29 91-171.......... 617.................. 83 483............ 483a
1970
May 21 91-258.......... 52(b)(5)............. 84 235............ 40 App.:214
June 30 91-297.......... 201(c)............... 84 357............ 210a note
[[Page 116 STAT. 1319]]
July 29 91-358.......... 173(a)(1)............ 84 591............ 129a note
Aug. 12 91-375.......... 6(m)................. 84 782............ 356, 474, 615,
723, 724
Aug. 18 91-382.......... (words before proviso 84 817, 818....... 166a, 166b-1
(related to salary
of Executive
Assistant Architect
of the Capitol) in
1st par. under
heading
``Salaries''), 1st
complete par. on p.
818).
Sept. 1 91-393.......... 1, 2, 4.............. 84 835............ 255, 256, 258e
Sept. 26 91-426.......... ..................... 84 883............ 481, 512
Oct. 17 91-466.......... 2.................... 84 990............ 521-524
Oct. 21 91-469.......... 39................... 84 1036........... 270f
Oct. 22 91-485.......... 2-4.................. 84 1084........... 484
Oct. 26 91-510.......... 451(a)............... 84 1193........... 193n-1
Oct. 27 91-513.......... 1102(o).............. 84 1293........... 304m
Dec. 17 91-556.......... (4th par. under 84 1448........... 313-2
heading ``General
Provisions'').
1971
Jan. 11 91-668.......... 817.................. 84 2033........... 483a
July 9 92-49........... 611.................. 85 124............ 313-2
92-51........... (last par. under 85 137............ 166a
heading
``Salaries'').
Aug. 5 92-65........... 201-204, 206, 208, 85 168, 169, 171.. 40 App.:1 note,
210-214. 105, 106, 201,
201 note, 202,
207, 214, 223
note, 302,
401, 405
Dec. 18 92-204.......... 717.................. 85 730............ 483a
1972
June 16 92-313.......... 1-4, 7, 11........... 86 216, 221, 222.. 490, 601 note,
603, 603
notes, 606,
611
June 22 92-317.......... 3(f)................. 86 235............ 14a
July 10 92-342.......... (last par. under 86 442............ 166a
heading
``Salaries'').
Aug. 4 92-362.......... 1.................... 86 503............ 484
Oct. 21 92-520.......... 1, 41................ 86 1019, 1026..... 601 note, 616
note
Oct. 26 92-570.......... 717.................. 86 1199........... 483a
Oct. 27 92-578.......... 1-14, 16, 17......... 86 1266, 1274..... 871, 871 note,
872-885
92-582.......... ..................... 86 1278........... 541-544
1973
July 6 93-62........... ..................... 87 146............ 802, 804
July 10 93-72........... ..................... 87 169............ 607
Aug. 6 93-83........... 2.................... 87 216............ 484
Nov. 1 93-145.......... (last par. under 87 540............ 166a
heading
``Salaries'').
Dec. 24 93-198.......... 203, 739(a)-(c), (e)- 87 779, 825, 826, 13n, 71a, 71c-
(g)(2), (7), (8), 829. 71g, 136, 193a
(h)-(j).
Dec. 29 93-226.......... ..................... 87 943............ 193a note
1974
Jan. 2 93-238.......... 717.................. 87 1041........... 483a
Aug. 13 93-371.......... (last par. under 88 437............ 166a
heading
``Salaries'').
Aug. 22 93-383.......... 401(c)............... 88 691............ 460
Aug. 30 93-400.......... 15................... 88 800............ 474, 487, 581
[[Page 116 STAT. 1320]]
Oct. 1 93-427.......... ..................... 88 1170........... 873, 876, 885
Oct. 8 93-437.......... 817.................. 88 1228........... 483a
Oct. 26 93-478.......... ..................... 88 1449........... 802
Dec. 21 93-529.......... (par. under heading 88 1711........... 40 App.:208
``Appalachian note
Regional Development
Programs'').
1975
Jan. 2 93-594.......... ..................... 88 1926........... 472
93-599.......... ..................... 88 1954........... 483
93-604.......... 701.................. 88 1963........... 756
July 25 94-59........... (3d par. under 89 287............ 166a
heading
``Salaries'').
Aug. 9 94-82........... 204(b) ``Sec. 203(d) 89 421............ 166b
(related to
Assistant Architect
of the Capitol)''.
94-91........... 401.................. 89 452............ 490a
Dec. 31 94-188.......... 101-111, 113, 115- 89 1079, 1082, 40 App.:1 note,
122, 124. 1083, 1086. 2, 2 note,
101, 102, 105-
107, 201, 201
note, 202,
207, 214, 223-
225, 302, 303,
401, 405
1976
Feb. 9 94-212.......... 717.................. 90 171............ 483a
Apr. 21 94-273.......... 2(19), 21............ 90 375, 379....... 74, 756
Aug. 3 94-375.......... 16(b)................ 90 1076........... 461 note
Aug. 14 94-388.......... ..................... 90 1188........... 885
Sept. 22 94-419.......... 717.................. 90 1294........... 483a
Oct. 1 94-440.......... (last par. under 90 1452........... 166a
heading
``Salaries'').
Oct. 17 94-519.......... 1-5, 7-9............. 90 2451, 2456..... 476, 483, 483c,
484, 484 note,
484c, 512
Oct. 18 94-541.......... 105.................. 90 2505........... 490, 601 note,
606, 611, 612a
1977
Aug. 5 95-94........... (2d par. under 91 672............ 166a
heading
``Salaries'').
Sept. 21 95-111.......... 817.................. 91 902............ 483a
Nov. 18 95-193.......... ..................... 91 1412........... 40 App.:202,
202 note
1978
Sept. 30 95-391.......... (last par. under 92 781............ 166a
heading
``Salaries'').
Oct. 10 95-431.......... (proviso in par. 92 1036........... 13a, 13b
under heading ``Care
of the Building and
Grounds'').
Oct. 13 95-457.......... 818.................. 92 1247........... 483a
Oct. 20 95-491.......... ..................... 92 1641........... 760, 760 note
Oct. 24 95-506.......... ..................... 92 1756........... 491
Nov. 2 95-585.......... ..................... 92 2484........... 270a
Nov. 6 95-598.......... 325.................. 92 2679........... 316
95-599.......... 138(a), (b).......... 92 2710........... 40 App.:201
Nov. 10 95-629.......... 101.................. 92 3635........... 872-875, 877,
885
1979
July 25 96-38........... (par. under heading 93 124............ 756 note
``General Supply
Fund'').
July 30 96-41........... 3(d)................. 93 325............ 485
Aug. 15 96-60........... 203(c)............... 93 399............ 474
[[Page 116 STAT. 1321]]
Oct. 10 96-83........... 10................... 93 652............ 474, 481, 487
Oct. 17 96-88........... 509(b)............... 93 695............ 40 App.:202
Dec. 14 96-146.......... 1(2)................. 93 1086........... 166b
Dec. 20 96-152.......... 1(b)................. 93 1099........... ...............
Dec. 21 96-154.......... 718.................. 93 1155........... 483a
1980
Oct. 8 96-399.......... 402.................. 94 1667........... 461 note
Oct. 10 96-432.......... 2, 4, 6(c)........... 94 1852, 1853..... 193a, 193a
note, 193d
note
Oct. 19 96-470.......... 101(a), 202(a), 211.. 94 2237, 2242, 50, 514, 610
2246.
Dec. 8 96-506.......... 3.................... 94 2746........... 40 App.:105,
106, 201, 214,
401, 405
Dec. 12 96-514.......... 108.................. 94 2972........... 131 note
96-515.......... 505.................. 94 3005........... 874 note
Dec. 15 96-527.......... 718.................. 94 3084........... 483a
Dec. 16 96-536.......... 101(c) [H.R. 7593 94 3167........... 166a
(related to expenses
of travel by the
Office of the
Architect of the
Capitol)].
Dec. 18 96-545.......... 2.................... 94 3215........... 40 App.:202
Dec. 22 96-571.......... 1-5.................. 94 3341........... 795, 795 note,
795a-795c
Dec. 28 96-610.......... ..................... 94 3564........... 801 note, 802
note, 809
1981
June 5 97-12........... (par. under heading 95 75............. 756 note, 756a
``General Supply
Fund'').
Aug. 6 97-31........... 12(12)-(15).......... 95 154............ 270f, 474,
483a, 484
Aug. 13 97-35........... 313(b), 1404, 1822(a) 95 398, 749, 767.. 461, 40
App.:105, 201,
401
Oct. 1 97-51........... 101(c) [H.R. 4120 95 959............ 166a
(related to expenses
of travel by the
Office of the
Architect of the
Capitol)].
Dec. 4 97-88........... (par under heading 95 1146........... 40 App.:401
``Appalachian note
Regional Development
Programs'').
Dec. 22 97-98........... 1443................. 95 1321........... 483
Dec. 29 97-114.......... 717.................. 95 1581........... 483a
97-125.......... 1-3(2), (3) ``Secs. 95 1667, 1671..... 801 note, 802,
111-116(a)(1), (b), 811, 811 note,
117-119'', 4. 812-819
1982
Apr. 2 97-164.......... 160(a)(13)........... 96 48............. 330
Oct. 2 97-276.......... 101(e) [S. 2939 96 1189........... 166a
(related to expenses
of travel by the
Office of the
Architect of the
Capitol)].
Dec. 21 97-377.......... 101(c) [title VII, 96 1853, 1906, 483a, 490c
Sec. 717], (f) 1913. note, 40
(related to programs App.:401 note
authorized by the
Appalachian Regional
Development Act of
1965), 120.
Dec. 29 97-390.......... 1.................... 96 1957........... 13f, 13l, 13n,
13p
1983
July 14 98-50........... (par under heading 97 259............ 40 App.:401
``Appalachian note
Regional Development
Programs'').
98-51........... (par. under heading 97 273............ 166a
``Travel'').
[[Page 116 STAT. 1322]]
July 30 98-63........... 101 (1st-9th 97 321............ 761
sentences in par.
under heading
``Consumer
Information Center
Fund'').
Oct. 31 98-141.......... 8.................... 97 910............ 872, 874, 875,
880, 885
Nov. 14 98-151.......... 112.................. 97 976............ 490c note
Nov. 30 98-181.......... 126(a)(1)............ 97 1175........... 484b
Dec. 1 98-191.......... 8(d), 9(a)(2,), (3).. 97 1331........... 474, 481, 487
Dec. 8 98-212.......... 716.................. 97 1441........... 483a
1984
Apr. 18 98-269.......... ..................... 98 156............ 270c
July 16 98-360.......... (par under heading 98 418............ 40 App.:401
``Appalachian note
Regional Development
Programs'').
July 17 98-367.......... (par. under heading 98 482............ 166a
``Travel'').
July 18 98-369.......... 2713(b).............. 98 1184........... 759 note
Oct. 12 98-473.......... 101(h) [title VIII, 98 1925, 1963, 483a, 484, 490c
Sec. 8013], (j) 2129. note, 490d
[H.R. 5798, title note
IV, Sec. 6, title
V, Sec. 507], 701,
702.
Oct. 19 98-524.......... 4(e)(2).............. 98 2489........... 40 App.:214
1985
Nov. 1 99-141.......... (par under heading 99 577............ 40 App.:401
``Appalachian note
Regional Development
Programs'').
Nov. 8 99-145.......... 1241(a).............. 99 734............ 328
Nov. 13 99-151.......... (par. under heading 99 800............ 166a
``Travel'').
Dec. 19 99-190.......... 101(h) [H.R. 3036, 99 1291, 1323..... 490b, 490c
title IV, Sec. 6, note, 490d
title V, Sec. 507], note
139.
Dec. 26 99-218.......... ..................... 99 1729........... 13n
1986
Apr. 7 99-272.......... 15301-15313.......... 100 335............ 901-913
Aug. 22 99-386.......... 201, 207............. 100 822, 823....... 484
Oct. 16 99-492.......... 1.................... 100 1240........... 13n
Oct. 18 99-500.......... 101(e) [title IV, 100 1783-210, 1783- 166a, 490b,
par. under heading 287, 1783-321, 490c note,
``Appalachian 1783-324, 1783- 490d note,
Regional 331, 1783-340, 751, 756b,
Commission''], (j) 1783-345, 1783- 757, 40
[H.R. 5203 (related 352. App.:401 note
to use of
appropriations for
travel expenses)],
(m) [title IV, Sec.
6, title V, Sec.
507, title VI, Sec.
616, title VIII,
Sec. Sec. 821(a)(1)
, 832], 151.
Oct. 30 99-591.......... 101(e) [title IV, 100 3341-210, 3341- 166a, 490b,
par. under heading 287, 3341-321, 490c note,
``Appalachian 3341-324, 3341- 490d note,
Regional 331, 3341-340, 751, 756b,
Commission''], (j) 3341-345, 3341- 757, 40
[H.R. 5203 (related 355. App.:401 note
to use of
appropriations for
travel expenses)],
(m) [title IV, Sec.
6, title V, Sec.
507, title VI, Sec.
616, title VIII,
Sec. Sec. 821(a)(1)
, 832], 151.
Nov. 7 99-627.......... 3.................... 100 3509........... 512, 512 notes
Nov. 10 99-640.......... 13(a)-(c)............ 100 3551........... 484d
Nov. 14 99-652.......... ..................... 100 3650........... 1001, 1001
note, 1002-
1010
99-656.......... 1.................... 100 3668........... 258a, 258e-1
Nov. 17 99-662.......... 945.................. 100 4200........... 483d
1987
July 22 100-77.......... 502(a)............... 101 510............ 484
[[Page 116 STAT. 1323]]
Aug. 21 100-113......... 1-6, 10.............. 101 735, 747....... 1101, 1101
note, 1102-
1105, 1109
Dec. 22 100-202......... 101(b) [title VIII, 101 1329-79, 1329- 166a, 490 note,
Sec. 8093], (d) 127, 1329-196, 490b, 490c
[title IV, par. 1329-294, 1329- note, 490d
under heading 301, 1329-410, note, 756
``Appalachian 1329-415, 1329- notes, 756b,
Regional 423, 1329-427. 1003, 40
Commission''], (f) App.:401 note
[title II, Sec. 3],
(i) [title I, Sec.
4 and par. under
heading ``Travel''],
(m) [title IV, Sec.
5, title V, Sec.
507, title VI, Sec.
Sec. 616, 619].
1988
Jan. 5 100-230......... 3.................... 101 1564........... 1003
Jan. 8 100-235......... 1, 2, 5-8............ 101 1724, 1729..... 1441 note
Feb. 5 100-242......... 524.................. 101 1939........... 462
July 19 100-370......... 1(k)(3).............. 102 849............ 483a
100-371......... (par. under heading 102 871............ 40 App.:401
``Appalachian note
Regional
Commission'').
Aug. 22 100-415......... ..................... 102 1104........... 885
Aug. 23 100-418......... 5115(c).............. 102 1433........... 490
Sept. 22 100-440......... 5, 11, 507........... 102 1741, 1742, 490a-1 note,
1747. 490c note,
490d note
Oct. 1 100-458......... (par. under heading 102 2169........... 166a
``Travel'').
Oct. 7 100-480......... ..................... 102 2328........... 816, 1201, 1201
note, 1202-
1208
Oct. 28 100-542......... ..................... 102 2721........... 762, 762 note,
762a-762d
Nov. 5 100-612......... ..................... 102 3180........... 471 note, 481,
484, 485, 488,
493
Nov. 15 100-656......... 742.................. 102 3897........... 541
Nov. 17 100-678......... 1-8.................. 102 4049........... 278a, 318-318b,
601 note, 603,
606, 617-619,
619 note
100-679......... 8.................... 102 4068........... 541
Nov. 18 100-690......... 2081(b).............. 102 4216........... 484
1989
Aug. 9 101-73.......... 744(f), (g).......... 103 438............ 474, 612
Sept. 29 101-101......... (par. under heading 103 663............ 40 App.:401
``Appalachian note
Regional
Commission'').
Nov. 3 101-136......... 5, 7, 9, 22, 25, 506. 103 802, 803, 807, 490a-1, 490c
808, 812. note, 490d,
490e, 491
note, 757
Nov. 21 101-162......... (proviso in par. 103 1010........... 13a note
under heading ``Care
of the Building and
Grounds'').
101-163......... (par. under heading 103 1055, 1056..... 166a, 166b-1
``Travel''), 106(a),
(b).
1990
Oct. 15 101-427......... ..................... 104 927............ 40 App.:221
[[Page 116 STAT. 1324]]
Oct. 17 101-434......... ..................... 104 985............ 40 App.:403
Oct. 25 101-462......... ..................... 104 1079........... 13n
Nov. 5 101-509......... 8, 15, 507........... 104 1414, 1415, 490c note,
1423. 490f, 490g
note
101-510......... 2805................. 104 1786........... 485
101-514......... (par. under heading 104 2095........... 40 App.:401
``Appalachian note
Regional
Commission'').
101-520......... (par. under heading 104 2266........... 166a
``Travel'').
1991
June 13 102-54.......... 13(o)................ 105 278............ 612
Aug. 14 102-90.......... (par. under heading 105 458, 469....... 166a, 184b-184f
``Travel''), 312(f).
Aug. 17 102-104......... (par. under heading 105 533............ 40 App.:401
``Appalachian note
Regional
Commission'').
Oct. 28 102-141......... 7, 11, 505........... 105 856, 862....... 490c note,
490f, 490g
note
Dec. 11 102-216......... ..................... 105 1666........... 1010, 1010 note
102-219......... 1.................... 105 1673........... 885
Dec. 18 102-240......... 1087................. 105 2022........... 40 App.:403
1992
Aug. 7 102-336......... ..................... 106 864............ 193v
Oct. 2 102-377......... (par. under heading 106 1339........... 40 App.:401
``Appalachian note
Regional
Commission'').
Oct. 6 102-392......... (par. under heading 106 1714, 1723, 166a, 193a
``Travel''), 311, 1724, 1726. note, 1204,
318, 324. 1205, 1207
102-393......... 5, 13, 505, 528...... 106 1750, 1751, 490b, 490c
1757, 1760. note, 490f,
490g
Oct. 23 102-439......... 1.................... 106 2223........... 885
Oct. 24 102-486......... 153.................. 106 2851........... 490
1993
Feb. 8 103-4........... 1.................... 107 30............. 1201 note
Aug. 11 103-69.......... (par. under heading 107 702............ 166a
``Travel'').
Sept. 21 103-82.......... 202(f)............... 107 888............ 484
Oct. 28 103-123......... 5, 7, 505............ 107 1246, 1247, 485, 490c note,
1252. 755a
103-126......... (par. under heading 107 1331........... 40 App.:401
``Appalachian note
Regional
Commission'').
Nov. 30 103-160......... 2927................. 107 1932........... 484
Dec. 14 103-193......... ..................... 107 2293........... 13n
1994
July 21 103-279......... 9.................... 108 1416........... 193r, 193u,
193v
July 22 103-283......... (par. under heading 108 1434........... 166a
``Travel'').
Aug. 26 103-316......... (par. under heading 108 1720........... 40 App.:401
``Appalachian note
Regional
Commission'').
103-321......... 2.................... 108 1793........... 1001 note,
1002, 1003,
1006-1010
Sept. 30 103-329......... (par. under heading 108 2387, 2409, 486a, 490c
``Payment of 2418. note, 722a
Government Losses in
Shipment''), 505,
611.
[[Page 116 STAT. 1325]]
Oct. 13 103-355......... 1555, 4104(b), (c), 108 3300, 3341, 270a, 270a
7301-7306, 8301(b), 3382, 3396, notes, 270d-1,
10005(a)(2), (b)(2), 3406, 3408. 276d, 276d
(f)(1), (2). notes, 276d-1--
276d-3, 329,
333, 334, 471
notes, 481,
541 note
Nov. 2 103-437......... 14(b), (d), (e)...... 108 4590, 4591..... 606, 610, 874,
40 App.:403
1995
Nov. 13 104-46.......... (par. under heading 109 416............ 40 App.:401
``Appalachian note
Regional
Commission'').
Nov. 15 104-50.......... 401-405.............. 109 463............ 1301, 1301
note, 1302-
1304
Nov. 19 104-52.......... 5, 503, 611.......... 109 486, 491, 499.. 486a, 490c,
490h
104-53.......... (par. under heading 109 527............ 166a
``Travel'').
Dec. 21 104-66.......... 2091(a).............. 109 730............ 484
Dec. 22 104-68.......... 1.................... 109 766............ 1101 note
1996
Feb. 10 104-106......... 1502(f)(7), 2818(b), 110 510, 555, 676, 270a note, 485,
4321(i)(8), 5001, 679, 685, 686, 759, 1401,
5002, 5101, 5111- 689, 691, 701, 1401 notes,
5113, 5121-5124, 702. 1411-1413,
5125(b)-(d), 5126- 1421-1428,
5128, 5131(a)-(d), 1441, 1441
5132, 5141, 5142, note, 1442,
5201, 5301-5305, 1451, 1452,
5311, 5312, 5401- 1461, 1471-
5403, 5607(b), 1475, 1491,
5608(a), 5701. 1492, 1501-
1503
Apr. 24 104-132......... 803.................. 110 1305........... 137
Apr. 26 104-134......... 101(c) [title I, 110 1321-193, 1321- 193n, 872, 872
proviso in 1st par. 198. note
under heading ``John
F. Kennedy Center
for the Performing
Arts'', title III,
Sec. 313].
Aug. 6 104-182......... 306.................. 110 1685........... 45 note
Aug. 20 104-186......... 221(15), (18)........ 110 1750........... 756b, 1003
Sept. 16 104-197......... (par. under heading 110 2404........... 166a
``Travel'').
Sept. 23 104-201......... 823, 1067............ 110 2609, 2654..... 318c, 490
Sept. 26 104-204......... (2d proviso under 110 2916........... 761a
heading ``Consumer
Information Center
Fund'').
Sept. 30 104-206......... (par. under heading 110 3000........... 40 App.:401
``Appalachian note
Regional
Commission'').
Sept. 30 104-208......... 101(f) [title VI, 110 3009-365....... 1411 note
Sec. 640].
[[Page 116 STAT. 1326]]
104-208......... 101(e) [title VII, 110 3009-312, 3009- 276d-3, 486a,
Sec. 709(a)(4), 335, 3009-337, 490, 612, 872
(5)], (f) [title IV, 3009-355, 3009- note, 1401
3d-6th provisos on 394. note, 40
p. 3009-335, Sec. App.:214
407, title VI, Sec.
611, title VIII,
Sec. 808(b)].
Oct. 9 104-280......... 1.................... 110 3359........... 13n
Oct. 19 104-316......... 120.................. 110 3836........... 485a, 490
Nov. 12 104-333......... 814(d)(1)(G)......... 110 4196........... 805
1997
July 18 105-27.......... 1.................... 111 244............ 484
Oct. 6 105-50.......... ..................... 111 1167........... 484
Oct. 10 105-61.......... (proviso related to 111 1297, 1300..... 481, 490i note
buildings considered
to be federally
owned), 413.
Oct. 13 105-62.......... (par. under heading 111 1336........... 40 App.:401
``Appalachian note
Regional
Commission'').
Oct. 27 105-65.......... (last proviso in par. 111 1377........... 761a
under heading
``Consumer
Information Center
Fund'').
Nov. 14 105-83.......... (last proviso in par. 111 1589........... 71a note
under heading
``National Capital
Planning
Commission'').
Nov. 18 105-85.......... 850(f)(2), 852, 111 1849, 1851, 1441 note,
1073(h)(4). 1907. 1492, 1501
Nov. 19 105-95.......... 4 (related to section 111 2149........... 193v
9(3) of the Act of
October 24, 1951).
105-100......... 157(f)............... 111 2187........... 138
Nov. 26 105-119......... 118.................. 111 2468........... 484
1998
June 9 105-178......... 1117(c), 1211(b), 112 160, 188, 193, 819a, 40
1212(a)(2)(B)(iii), 223. App.:201, 403,
1222. 405, 405 note
Aug. 7 105-220......... 199(a)(4)............ 112 1059........... 40 App.:211
Oct. 7 105-245......... (par. under heading 112 1854........... 40 App.:401
``Appalachian note
Regional
Commission'').
Oct. 21 105-277......... 101(h) [title IV, 6th 112 2681-502, 2681- 490 note, 490b
and 9th provisos on 513, 2681-522, note, 490i,
p. 2681-502, title 2681-788. 1106
VI, Sec. Sec. 603,
630], 1335(h).
Oct. 31 105-332......... 3(g)................. 112 3126........... 40 App.:214
Nov. 10 105-362......... 401(g)............... 112 3282........... 795d
Nov. 13 105-393......... 201-220(c)(1), 221, 112 3618, 3625..... 40 App.:1 note,
222. 2, 101, 105,
106, 202-208,
211-214, 224,
226, 302, 401,
405
1999
Aug. 17 106-49.......... ..................... 113 231............ 270a, 270a
notes, 270b
Sept. 29 106-60.......... (par. under heading 113 498............ 40 App.:401
``Appalachian note
Regional
Commission'').
Oct. 5 106-65.......... 1067(18)............. 113 775............ 485
Oct. 22 106-78.......... 752(b)(14)........... 113 1170........... 474
Nov. 29 106-113......... 1000(a)(5) [Sec. 113 1501A-301...... 484
233(a)].
Dec. 12 106-168......... 301.................. 113 1821........... 484
2000
Oct. 27 106-377......... 1(a)(2) (par. under 114 1441A-82....... 40 App.:401
heading note
``Appalachian
Regional
Commission'').
[[Page 116 STAT. 1327]]
Oct. 30 106-398......... 1 [Sec. Sec. 809, 114 1654A-208, 484, 1492
2814]. 1654A-419.
Nov. 13 106-518......... 313.................. 114 2421........... 13n
Dec. 21 106-554......... 1(a)(3) [Sec. 643], 114 2763A-169, 258e-1, 490b
(7) [Sec. 307(a)]. 2763A-635.
2001
Nov. 12 107-67.......... 630.................. 115 552............ 490b-1
Dec. 28 107-107......... 2812................. 115 1307........... 485
2002
Mar. 12 107-149......... 116.................. 66 40 App.:1 note,
2, 2 note,
101, 102, 104,
106, 202-205,
207, 214, 224,
225, 302, 303,
401, 403, 405.
----------------------------------------------------------------------------------------------------------------
Approved August 21, 2002.
LEGISLATIVE HISTORY--H.R. 2068:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-479 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 148 (2002):
June 11, considered and passed House.
Aug. 1, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Aug. 23, Presidential statement.
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