TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
This title was enacted by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062
Editorial Notes
Amendments
2008—Pub. L. 110–234, title XIV, §14217(b), May 22, 2008, 122 Stat. 1482, and Pub. L. 110–246, title XIV, §14217(b), June 18, 2008, 122 Stat. 2244, which directed identical amendments to the table of subtitles for "chapter 40, United States Code" by adding items for subtitles V and VI and striking out item for subtitle V, was executed by amending the table of subtitles for this title, to reflect the probable intent of Congress. Prior to amendment, the item for subtitle V read "Miscellaneous". The amendment by Pub. L. 110–234 was repealed by Pub. L. 110–246, §4(a), June 18, 2008, 122 Stat. 1664.
| Title 40 Former Sections | Title 40 New Sections |
|---|---|
| 1, 1a | Rep. |
| 2 | Rep. |
| 3 | Rep. |
| 4 | Rep. |
| 5 | Rep. |
| 5a | Rep. |
| 6 | Rep. |
| 7 | Rep. |
| 7a | Rep. |
| 8–13 | Rep. |
| 13a, 13a note | 6111 |
| 13b | 6112 |
| 13c | 6113 |
| 13d | Rep. |
| 13e | 6114 |
| 13f | 6122 |
| 13g | 6131 |
| 13h | 6132 |
| 13i | 6133 |
| 13j | 6134 |
| 13k | 6135 |
| 13l | 6102 |
| 13m | 6137 |
| 13n(a) | 6121 |
| 13n(b) | 6123 |
| 13n(c) | 6121 |
| 13n(d) | 6101 |
| 13o | 6136 |
| 13p | 6101 |
| 14–18a | Rep. |
| 19 | 8101 |
| 20, 21 | Rep. |
| 22 | Rep. |
| 22a–22c | 8143 |
| 23, 24 | Rep. |
| 25 | Rep. |
| 26 | Rep. |
| 27 | Rep. |
| 27a | Rep. |
| 28 | Rep. |
| 29 | Rep. |
| 30 | Rep. |
| 30a | Rep. |
| 31 | 8108 |
| 32, 33 | Rep. |
| 33a | Rep. |
| 34 | 8141 |
| 35 | 8142 |
| 36–37a | Rep. |
| 38 | Rep. |
| 39 | Rep. |
| 40 | Rep. |
| 40a | Rep. (Transferred to former 278 prior to repeal) |
| 41 | Rep. |
| 42 | 8165 |
| 43 | 8107 |
| 44 | Rep. |
| 45–48 | 9501 |
| 49 | 9503 |
| 50 | 9504 |
| 51, 52 | 9502 |
| 53 | Rep. |
| 53a | Elim. |
| 54 | 9507 |
| 55 | 9505 |
| 56 | 9506 |
| 57 | Rep. |
| 58 | Elim. |
| 59 | Rep. |
| 60 | Elim. |
| 60a | 8161 |
| 61 | Elim. |
| 62 | Elim. |
| 63 | Elim. |
| 64 | 8122 |
| 65 | Elim. |
| 66 | 8121 |
| 67 | Elim. |
| 68 | 8106 |
| 69 | Elim. |
| 70 | Elim. |
| 71(a) | 8701 |
| 71(b) | 8702 |
| 71a(a)(1) | 8711 |
| 71a(a)(2) | 8712 |
| 71a(a)(3), (4) | 8721 |
| 71a(b), (c) | 8711 |
| 71a(d) | 8721 |
| 71a(e), 71a note | 8711 |
| 71b | Rep. |
| 71c(a) | 8721 |
| 71c(b), (c) | Rep. |
| 71c(d), (e) (1st par.) | 8721 |
| 71c(e) (last par.) | 8722 |
| 71d | 8722 |
| 71e | Rep. |
| 71f | 8723 |
| 71g(a)–(c) | 8724 |
| 71g(d) | 8725 |
| 71h | 8711 |
| 71i | 8726 |
| 72 | 8731 |
| 72a | 8732 |
| 72b | 8733 |
| 72c, 72d | 8734 |
| 72e | 8736 |
| 73 (1st, 2d sentences) | 8737 |
| 73 (3d–last sentences) | 8731 |
| 74 | 8711 |
| 74a–74c | 8735 |
| 75 | Elim. |
| 76 | Elim. |
| 77 | Elim. |
| 77a | Rep. |
| 78 | Elim. |
| 79 | 8123 |
| 80 | Elim. |
| 81 | Elim. |
| 82 | 8125 |
| 83 | Elim. |
| 84 | Elim. |
| 85 | Elim. |
| 86 | Elim. |
| 87 | Elim. |
| 88 | Elim. |
| 89 | 8126 |
| 90 | Elim. |
| 91 | Rep. |
| 92 | Elim. |
| 92a | Elim. |
| 93 | Elim. |
| 94 | Elim. |
| 95 | Elim. |
| 96 | Elim. |
| 97 | Elim. |
| 98 | Elim. |
| 99 | Elim. |
| 100 | 8127 |
| 101 | 8103 |
| 102 | 8162 |
| 103 | 8163 |
| 104 (1st, 2d sentences) | 9101 |
| 104 (3d–6th sentences) | 9102 |
| 104 (last sentence words before comma) | 9103 |
| 104 (last sentence words after comma) | 9101 |
| 105 | 9103 |
| 106 | 9104 |
| 107 | Elim. |
| 108 | Elim. |
| 109–112 | Rep. |
| 112a | Rep. |
| 113 | 8144 |
| 114 | Rep. |
| 115 | Rep. |
| 115a | Rep. |
| 116–119 | Rep. |
| 120 | Rep. |
| 121 | 8104 |
| 122, 123 | 8124 |
| 124 (words before proviso) | 9301 |
| 124 (proviso) | 9302 |
| 125 (words before semicolon) | 9303 |
| 125 (words after semicolon) | 9304 |
| 126 | Rep. |
| 127 | 9301 note |
| 128 | 8105 |
| 129 | 585 note |
| 129a–130a | 8164 |
| 131 | 8302 |
| 132 | 8303 |
| 133 | 8304 |
| 134 | Rep. |
| 135 | 8301 |
| 136(a) | 8501 |
| 136(b), (c) | 8502 |
| 136(d) | (See §49–103 of the D.C. Official Code) |
| 136(e) | Rep. |
| 136(f) | 8501 |
| 136(g)(1), (2) | Rep. |
| 136(h)–(j) | 8501 |
| 137 | 8102 |
| 138 | Rep. |
| 161 | T. 2 §1801 note |
| 161a | Rep. |
| 162 | T. 2 §1811 |
| 162–1 | T. 2 §1801 |
| 162a | T. 2 §1802 |
| 162b | T. 2 §1868 |
| 163 | T. 2 §1812 |
| 163a | T. 2 §1813 |
| 163b | T. 2 §1803 |
| 164 | Rep. |
| 164a | T. 2 §1804 |
| 165 | Rep. |
| 166 | T. 2 §1814 |
| 166a | Rep. |
| 166a–1 | T. 2 §1861 |
| 166b | Rep. |
| 166b–1 | Rep. |
| 166b–1a | T. 2 §1841 |
| 166b–1b | T. 2 §1842 |
| 166b–1c | T. 2 §1843 |
| 166b–1d | T. 2 §1844 |
| 166b–1e | T. 2 §1845 |
| 166b–1f | T. 2 §1846 |
| 166b–2 | T. 2 §1850 |
| 166b–3 | T. 2 §1847 |
| 166b–3a | T. 2 §1848 |
| 166b–3b | T. 2 §1849 |
| 166b–4 | T. 2 §1851 |
| 166b–5 | T. 2 §1852 |
| 166b–6 | T. 2 §1832 |
| 166b–7 | T. 2 §1831 |
| 166c | Elim. |
| 166d | T. 2 §1818 |
| 166e | T. 2 §1863 |
| 166f | T. 2 §1864 |
| 166g | T. 2 §1867 |
| 166h | T. 2 §1862 |
| 166i | T. 2 §1815 |
| 166j | T. 2 §1816 |
| 166k | T. 2 §1819 |
| 166l | T. 2 §1865 |
| 166m | T. 2 §1820 |
| 167 | T. 2 §1833 |
| 167a | Rep. |
| 168 | T. 2 §1834 |
| 168a | Rep. |
| 169 | T. 2 §2012 |
| 170 | T. 2 §2184 |
| 170a | (Previously transferred to T. 2 §117b–1) |
| 171 | T. 2 §1817 |
| 172 | Rep. |
| 173 | T. 2 §2185 |
| 174 | Rep. |
| 174a | Rep. |
| 174b | Elim. |
| 174b–1 | T. 2 §2021 |
| 174b–2 | T. 2 §2022 |
| 174c | T. 2 §2023 |
| 174d | T. 2 §2024 |
| 174d–1 | T. 2 §2181 |
| 174e | T. 2 §1866 |
| 174f–174j | Rep. |
| 174j–1 | T. 2 §2042 |
| 174j–2 | Rep. |
| 174j–3 | T. 2 §2043 |
| 174j–4 | T. 2 §2044 |
| 174j–5 | T. 2 §2045 |
| 174j–6 | T. 2 §2046 |
| 174j–7 | T. 2 §2047 |
| 174j–8 | T. 2 §2048 |
| 174j–9 | T. 2 §2049 |
| 174j–10 | T. 2 §2050 |
| 174k | T. 2 §2041 |
| 175 | T. 2 §2001 |
| 175a | T. 2 §2002 |
| 176 | T. 2 §2003 |
| 177 | T. 2 §2004 |
| 178 | T. 2 §2005 |
| 179 | T. 2 §2006 |
| 180 | T. 2 §2007 |
| 181 | T. 2 §2008 |
| 182 | T. 2 §2009 |
| 183 | T. 2 §2010 |
| 184 | T. 2 §2011 |
| 184a | T. 2 §2161 |
| 184b–184f | Rep. |
| 184g | T. 2 §2062 |
| 185 | T. 2 §2162 |
| 185a | T. 2 §2025 |
| 186 | T. 10 §4689 |
| 187 | T. 2 §2131 |
| 187a | T. 2 §2132 |
| 188 | T. 2 §2133 |
| 188a | T. 2 §2081 |
| 188a–1 | T. 2 §2082 |
| 188a–2 | T. 2 §2083 |
| 188a–3 | T. 2 §2084 |
| 188a–4 | T. 2 §2085 |
| 188a–5 | T. 2 §2086 |
| 188b | T. 2 §2101 |
| 188b–1 | T. 2 §2102 |
| 188b–2 | T. 2 §2103 |
| 188b–3 | T. 2 §2104 |
| 188b–4 | T. 2 §2105 |
| 188b–5 | T. 2 §2106 |
| 188b–6 | T. 2 §2107 |
| 188c | T. 2 §2121 |
| 188c–1 | T. 2 §2122 |
| 189 | T. 2 §2134 |
| 190 | T. 2 §2135 |
| 190a | Rep. |
| 190b | T. 2 §2182 |
| 191 | Rep. |
| 192 | Rep. |
| 193 | T. 2 §2183 |
| 193a | 5102 |
| 193b | 5103 |
| 193c–193g | 5104 |
| 193h | 5109 |
| 193i | 5105 |
| 193j, 193k | 5106 |
| 193l | 5107 |
| 193m(1) | 5101 |
| 193m(2)–(5) | 5104 |
| 193m–1 | 5108 |
| 193n | 6306 |
| 193o | 6302 |
| 193p, 193q | 6303 |
| 193r | 6304 |
| 193s | 6307 |
| 193t | 6306 |
| 193u | 6305 |
| 193v | 6301 |
| 193w | Rep. |
| 193x | 6306 |
| 194–205 | Rep. |
| 206 | T. 2 §1901 |
| 206–1 | T. 2 §1902 |
| 206a—206a–8 | Elim. (Previously transferred to former 206 notes) |
| 206a–9 | T. 2 §1903 |
| 206b | T. 2 §1924 |
| 206c | T. 2 §1925 |
| 206d | T. 2 §1971 |
| 206d–1 | T. 2 §1972 |
| 206e | T. 2 §1973 |
| 207 | T. 2 §1921 |
| 207a | T. 2 §1922 |
| 207b | T. 2 §1923 |
| 207b–1 | T. 2 §1926 |
| 206b–2 | T. 2 §1927 |
| 207c | T. 2 §1951 |
| 207c–1 | T. 2 §1952 |
| 207c–2 | T. 2 §1953 |
| 207c–3 | T. 2 §1954 |
| 207d | T. 2 §1904 |
| 207e | T. 2 §1905 |
| 208 | T. 2 §1928 |
| 209 | T. 2 §1929 |
| 210 | T. 2 §1941 |
| 210a | T. 2 §1942 |
| 211 | T. 2 §1943 |
| 212 | T. 2 §1944, 1944 notes |
| 212a | T. 2 §1961 |
| 212a–1 | T. 2 §1962, 1962 notes |
| 212a–2 | T. 2 §1966 |
| 212a–3 | T. 2 §1967 |
| 212a–4 | T. 2 §1964 |
| 212a–4a | T. 2 §1965 |
| 212a–5 | T. 2 §1968 |
| 212b | T. 2 §1969 |
| 212c | T. 2 §1970 |
| 213 | Rep. |
| 213a | Elim. |
| 214 | T. 2 §1963 |
| 214a | Rep. |
| 214b | T. 2 §2061 |
| 214c | T. 2 §2063 |
| 214d | T. 2 §2064 |
| 214e | T. 2 §2065 |
| 215 | T. 2 §2141 |
| 216 | T. 2 §2142 |
| 216a | T. 2 §2145 |
| 216b | T. 2 §2143 |
| 216c | T. 2 §2146 |
| 216d | T. 2 §2144 |
| 217 | Rep. |
| 217a | T. 2 §2147 |
| 217b | Rep. |
| 217c | T. 2 §2167 |
| 218–220 | Rep. |
| 221 | Rep. |
| 222 | Rep. |
| 223 | T. 2 §2163 |
| 224 | T. 2 §2164 |
| 231 | (Previously transferred to former T. 44 §300 prior to repeal) |
| 232, 232a | (Previously transferred to former T. 44 §300a prior to repeal) |
| 232b | Rep. |
| 233–241 | (Previously transferred to former T. 44:300c–300k prior to repeal) |
| 251 | Rep. |
| 252 | Rep. |
| 253 | 311 |
| 254 | Rep. |
| 255 (1st–5th pars.) | 3111 |
| 255 (last par.) | 3112 |
| 256 | Rep. |
| 257 | 3113 |
| 258 | Rep. |
| 258a, 258b | 3114 |
| 258c | 3115 |
| 258d | 3118 |
| 258e | 3115 |
| 258e–1 | 3116 |
| 258f | 3117 |
| 259, 260 | Rep. |
| 261 | 3171 |
| 262–265 | Rep. |
| 265a | Rep. |
| 266, 267 | Rep. |
| 267a | Rep. |
| 268, 269 | Rep. |
| 269a | Rep. |
| 270 | Rep. |
| 270a | 3131 |
| 270a note | 3132 |
| 270b, 270c | 3133 |
| 270d, 270d–1 | 3131 |
| 270e, 270f | 3134 |
| 271 | Rep. |
| 272 | Rep. |
| 273–276 | Rep. |
| 276a(a) | 3142 |
| 276a(b) (1st par. words before proviso) | 3141 |
| 276a(b) (1st par. proviso, last par.) | 3142 |
| 276a–1 | 3143 |
| 276a–2 | 3144 |
| 276a–3 | 3146 |
| 276a–4 | Rep. |
| 276a–5 | 3147 |
| 276a–6 | Rep. |
| 276a–7 | 3148 |
| 276b | Rep. |
| 276c | 3145 |
| 276d | 3161 |
| 276d–1—276d–3 | 3162 |
| 277 | Rep. |
| 277a | Rep. |
| 278, 278a | Rep. |
| 278b | Rep. |
| 278c | Rep. |
| 279–281 | Rep. |
| 282 | Rep. |
| 283 | 3104 |
| 284 | Rep. |
| 285 | 3101 |
| 285a | Elim. |
| 286 | 3105 |
| 287 | Rep. |
| 288 | Elim. |
| 289 | Elim. |
| 289a | (See former 289) |
| 290 | 3172 |
| 291 | 3103 |
| 292 | Rep. |
| 293 | 3173 |
| 294 | Rep. |
| 295 | 3174 |
| 296 | Rep. |
| 297–298 | Rep. |
| 298a | 3175 |
| 298b | 3176 |
| 298c | Rep. |
| 298d | 3102 |
| 301 | 1301 |
| 302–303a | Rep. |
| 303b | 1302 |
| 303c | T. 16 §3b |
| 304 | 1305 |
| 304a–304e | 1303 |
| 304f–304m | 1306 |
| 305 | 1311 |
| 306 | 1312 |
| 307 | Rep. |
| 308, 309 | 1313 |
| 310 | 1309 |
| 311, 311a | Rep. |
| 311b | 1308 |
| 312 | Rep. |
| 313 | Rep. |
| 313–1 | Rep. |
| 313–2 | Rep. |
| 313a | Rep. |
| 314 | 1310 |
| 314a | Rep. |
| 315 | Rep. |
| 316 | 1307 |
| 317 | Rep. |
| 318–318d | 1315 |
| 319 | 1314 |
| 319 note | 1314 |
| 319a | 1314 |
| 319a note | 1314 |
| 319b | 1314 |
| 319b note | 1314 |
| 319c | 1314 |
| 319c note | 1314 |
| 321, 322 | Rep. |
| 323 | Rep. |
| 324–326 | Rep. |
| 327 | Rep. |
| 328 | 3702 |
| 329 | 3701 |
| 330 | 3703 |
| 331 | 3706 |
| 332 | 3708 |
| 333(a)–(e) | 3704 |
| 333(f) | 3705 |
| 334 | 3707 |
| 341–342a | Rep. |
| 343 | Rep. |
| 344, 345 | Rep. |
| 345a | Rep. |
| 345b, 345c, 345c note | 1304 |
| 346–350a | Rep. |
| 351 | (See former 33a) |
| 352–355 | Rep. |
| 356 | Rep. |
| 356a | Rep. |
| 357 | Rep. |
| 361–386, 401 | Rep. |
| 402–410 | Rep. |
| 411 | Rep. |
| 411a | Rep. |
| 412 | Rep. |
| 413 | Rep. |
| 414 | Rep. |
| 421–425 | Rep. |
| 431–434 | Rep. |
| 435 | Rep. |
| 436 | Rep. |
| 437 | Rep. |
| 438 | Rep. |
| 439 | Rep. |
| 440 | Rep. |
| 441 | Rep. |
| 442 | Rep. |
| 443 | Rep. |
| 444 | Rep. |
| 451–455 | Rep. |
| 456 | Rep. |
| 457 | Rep. |
| 458 | Rep. |
| 459 | Rep. |
| 460 | 3501 |
| 461 | Rep. |
| 462(a), (b) | 3502 |
| 462(c) | Rep. |
| 462(d) | 3502 |
| 462(e) | 3503 |
| 462(f) | 3504 |
| 462(g) | 3505 |
| 462(h) | Rep. |
| 471 | 101 |
| 472 | 102 |
| 473 | 112 |
| 474(a) | Rep. |
| 474(b) | (See T. 5 §901 note) |
| 474(c)–(e) | 113 |
| 475(a) | 125 |
| 475(b) | 124 |
| 476 | 122 |
| 481(a) | 501 |
| 481(b) | 502 |
| 481(c) | 503 |
| 481(d) | 504 |
| 481(e) | 505 |
| 482 | Rep. |
| 483(a)(1) (1st sentence) | 521 |
| 483(a)(1) (last sentence) | 522 |
| 483(a)(2) | 523 |
| 483(b), (c) | 524 |
| 483(d) | 525 |
| 483(e) | 529 |
| 483(f) | Rep. |
| 483(g) | 526 |
| 483(h) | 527 |
| 483a | Rep. |
| 483b | 528 |
| 483c | Rep. |
| 483d | 556 |
| 484(a) | 541 |
| 484(b) | 542 |
| 484(c) | 543 |
| 484(d) | 544 |
| 484(e) | 545 |
| 484(f) | 546 |
| 484(g), (h) | 547 |
| 484(i) | 548 |
| 484(j) | 549 |
| 484(k) | 550 |
| 484(l ) | 551 |
| 484(m) | 552 |
| 484(n) | 549 |
| 484(o ) | Rep. |
| 484(p) | 553 |
| 484(q) | 554 |
| 484(r) | 555 |
| 484–1 | 557 |
| 484a | Rep. |
| 484b | Rep. |
| 484c | Rep. |
| 484d | 558 |
| 485(a) | 571 |
| 485(b) | 572 |
| 485(c)–(g) | 574 |
| 485(h) | 572 |
| 485(i) | 573 |
| 485a | 571 |
| 486, 486a | 121 |
| 487 | 506 |
| 488 | 559 |
| 489 | 123 |
| 490(a) | 581 |
| 490(b) | 582 |
| 490(c) | 583 |
| 490(d) | 582 |
| 490(e) | 584 |
| 490(f) | 592 |
| 490(g) | 588 |
| 490(h) | 585 |
| 490(i) | 589 |
| 490(j), (k) | 586 |
| 490(l ) | 587 |
| 490 notes | 587, 591 |
| 490a, 490a–1 | 592 |
| 490b, 490b note, 490b–1 | 590 |
| 490c | 593 |
| 490d, 490e | 585 |
| 490f | 586 |
| 490g | 592 |
| 490h | 587 |
| 490i | 592 |
| 491(a) | 601 |
| 491(b) (related to establishment) | 602 |
| 491(b) (related to determination), (c) | 603 |
| 491(d) | 605 |
| 491(e) | 603 |
| 491(f) (1st sentence) | 607 |
| 491(f) (last sentence) | 610 |
| 491(g), (h) | 604 |
| 491(i) | 608 |
| 491(j) | 606 |
| 491(k) | 609 |
| 491(l ) | 611 |
| 492 | 126 |
| 493 | Rep. |
| 511 | 701 |
| 512(a) | 704 |
| 512(b) | 703 |
| 512(c) | 702 |
| 513 | 705 |
| 514 | 701 |
| 521–524 | Rep. |
| 531 | 901 |
| 532 | 904 |
| 533 | 903 |
| 534 | 905 |
| 535(a), (b) | 902 |
| 535(c) | 904 |
| 541 | 1102 |
| 542 | 1101 |
| 543 | 1103 |
| 544 | 1104 |
| 551–554 | Rep. |
| 601 | 3302 |
| 601a | 3306 |
| 602 | 3304 |
| 602a | Rep. |
| 603 | 3305 |
| 604 | 3304 |
| 605 | 3305 |
| 606(a)–(e), (f) (related to this section) | 3307 |
| 606(f) (related to 40:603(b)) | 3305 |
| 607 | 3309 |
| 608 | 3305 |
| 609 | 3308 |
| 610 | 3314 |
| 611 | 3303 |
| 612, 612a(1), (2) | 3301 |
| 612a(3)–(8) | 3306 |
| 613 | 3301 |
| 614 | 3313 |
| 615 | 3315 |
| 616 | Elim. |
| 617 | 3311 |
| 618 | 3310 |
| 619 | 3312 |
| 651, 652, 661–665, 671 | Rep. |
| 672 | Elim. |
| 681 | Elim. |
| 682, 683 | Rep. |
| 684 | Rep. |
| 685 | Rep. |
| 701 | 17102 |
| 701 note, 702 | 17103 |
| 703 | 17101 |
| 721 | 17302 |
| 722, 722a | 17303 |
| 723 (1st sentence, 2d sentence words before 2d proviso) | 17304 |
| 723 (2d sentence 2d, last provisos, last sentence) | 17303 |
| 724 | 17305 |
| 725 | 17306 |
| 726 | 17307 |
| 727 | 17308 |
| 728 | 17309 |
| 729(a) (1st, 2d sentences) | 17301 |
| 729(a) (last sentence) | 17301, 17306 |
| 729(b)–(d) | 17301 |
| 751(a) | 301 |
| 751(b), (c) | 302 |
| 751(d) | Rep. |
| 751(e) | Rep. |
| 751(f) | 121 |
| 752(a) | 303 |
| 752(b) | Rep. |
| 752(c), 753 | 303 |
| 754 | 121 |
| 755 | Rep. |
| 755a | 312 |
| 756(a)–(c) | 321 |
| 756(d) | Rep. |
| 756(e), (f) | 321 |
| 756(g) (1st–3d sentences) | 313 |
| 756(g) (last sentence), 756a, 756b | 321 |
| 757 | 322 |
| 758 | 311 |
| 759 | Rep. |
| 760 | 304 |
| 761, 761a | 323 |
| 762 | 18101 |
| 762a | 18102 |
| 762b | 18103 |
| 762c | Rep. |
| 762d | 18104 |
| 771 | 17701 |
| 781 | 17702 |
| 782 | 17703 |
| 783 | 17704 |
| 784 | 17705 |
| 785 | 17706 |
| 786 | 17707 |
| 791 | 17708 |
| 792 | Rep. |
| 795 | 17901 |
| 795a | 17902 |
| 795b | 17903 |
| 795c | 17904 |
| 795d | Rep. |
| 801–809 | Rep. |
| 811(a) (1st, 2d sentences) | 6902 |
| 811(a) (last sentence) | 6901 |
| 811(b) | Rep. |
| 811(c) | Rep. |
| 811(d) | Rep. |
| 812 | Rep. |
| 813(a) | 6910 |
| 813(b) | Rep. |
| 814 | Rep. |
| 815(a)–(c) | Rep. |
| 815(d) | 6903 |
| 816(a)(1) | 6904 |
| 816(a)(2) | Rep. |
| 816(b) | 6904 |
| 817 | 6906 |
| 818 | 6908 |
| 819(a) | Rep. |
| 819(b) | Rep. |
| 819(c) | 6907 |
| 819(d) | 6909 |
| 819a | 6905 |
| 821 (related to creation) | 6921 |
| 821 (related to duties) | 6922 |
| 822(a) | 6921 |
| 822(b) | 6923 |
| 822(c) | 6922 |
| 823 | 6924 |
| 831 | T. 2 §2165 |
| 851 | T. 2 §2166 |
| 871 | 6711 |
| 872 | Rep. |
| 872 notes | 6701, 6702 |
| 873 | Rep. |
| 874 | Rep. |
| 875 | Rep. |
| 876(a) | 6712 |
| 876(b) | 6713 |
| 877(a) | Rep. |
| 877(b)–(d) | 6714 |
| 878 | 6715 |
| 879(a) | Rep. |
| 879(b) | 6701 |
| 880 | 6716 |
| 881 | Rep. |
| 882 | Rep. |
| 883 | Rep. |
| 884 | Rep. |
| 885 | Rep. |
| 901 | 17502 |
| 902 | 17503 |
| 903 | 17504 |
| 904 | 17505 |
| 905 | Rep. |
| 906 | Rep. |
| 907 | 17506 |
| 908 | 17507 |
| 909 | 17508 |
| 910 | 17509 |
| 911 | 17510 |
| 912 | Rep. |
| 913 | 17501 |
| 1001 | 8901 |
| 1002 | 8902 |
| 1003 | 8903 |
| 1004 | 8904 |
| 1005, 1006 | 8908 |
| 1007 | 8905 |
| 1008 | 8906 |
| 1009 | 8907 |
| 1010(a) | 8909 |
| 1010(b) | 8903 |
| 1010(c), (d) | 8909 |
| 1010(e) | 8902 |
| 1101 | Rep. |
| 1101 note | 6734 |
| 1102(a)(1) | Rep. |
| 1102(a)(2) (1st sentence) | 6733 |
| 1102(a)(2) (last sentence) | 6734 |
| 1102(a)(3) | Rep. |
| 1102(b) | Rep. |
| 1103(a) | Rep. |
| 1103(b) | 6734 |
| 1103(c)–(g) | Rep. |
| 1104(a), (b)(1), (2)(A) | Rep. |
| 1104(b)(2)(B) | 6734 |
| 1104(b)(2)(C), (D), (words after (D)), (c) | Rep. |
| 1104(d) | 6734 |
| 1104(e) | Rep. |
| 1104(f) | 6733 |
| 1104(g) | 6732 |
| 1104(h), (i) | Rep. |
| 1105 | 6734 |
| 1106 | Elim. |
| 1107 | Elim. |
| 1108 | 6731 note |
| 1109 | 6731 |
| 1201 | Rep. |
| 1201 note | 6502 |
| 1202(a)(1)–(5) | Rep. |
| 1202(a)(6) | 6502 |
| 1202(a)(7) | Rep. |
| 1202(a)(8) | 6502 |
| 1202(b)(1) | Rep. |
| 1202(b)(2)(A) | Rep. |
| 1202(b)(2)(B), (C) | 6502 |
| 1202(b)(2)(D) (words before "and the lease") | Rep. |
| 1202(b)(2)(D) (words after "provisions of this chapter") | 6504 |
| 1202(b)(2) (words after (D)) | Rep. |
| 1202(c)–(e) | 6502 |
| 1203(a), (b) | 6504 |
| 1203(c) | 6502 |
| 1203(d) | 6504 |
| 1204 | 6505 |
| 1205 | 6506 |
| 1206 | 6503 |
| 1207 | 6507 |
| 1208 | 6501 |
| 1301 | 18301 |
| 1302(1), (2) | 18302 |
| 1302(3) | 18303 |
| 1302(4), (5) | 18302 |
| 1302(6), 1303 | 18303 |
| 1304 | 18304 |
| 1401 | 11101 |
| 1411 | 11301 |
| 1412 | 11302 |
| 1413 | 11303 |
| 1421 | 11311 |
| 1422 | 11312 |
| 1423 | 11313 |
| 1424 | 11314 |
| 1425(a) | (See T. 44 §3506) |
| 1425(b)–(d) | 11315 |
| 1426 | 11316 |
| 1427 | 11317 |
| 1428 | 11318 |
| 1441 | 11331 |
| 1441 notes | 11332 |
| 1442 | 11102 |
| 1451, 1452 | 11103 |
| 1461 | 11704 |
| 1471 | 11501 |
| 1472 | 11502 |
| 1473 | 11503 |
| 1474 | 11504 |
| 1475 | 11505 |
| 1491 | 11521 |
| 1492 | 11522 |
| 1501 | 11701 |
| 1502 | 11702 |
| 1503 | 11703 |
| T. 40 App. §1 | Rep. |
| T. 40 App. §2 | 14101 |
| T. 40 App. §101(a)(1) | 14301 |
| T. 40 App. §101(a)(2) | 14307 |
| T. 40 App. §101(b) | 14302 |
| T. 40 App. §101(c), (d) | 14301 |
| T. 40 App. §102 | 14303 |
| T. 40 App. §103 | 14304 |
| T. 40 App. §104 | 14305 |
| T. 40 App. §105, 106(1), (2) (1st sentence) | 14306 |
| T. 40 App. §106(2) (2d, last sentences) | 14301 |
| T. 40 App. §106(3)–(9) | 14306 |
| T. 40 App. §107 | 14308 |
| T. 40 App. §108 | 14309 |
| T. 40 App. §109 | (See T. 5 §5334) |
| T. 40 App. §201 | 14501 |
| T. 40 App. §202 | 14502 |
| T. 40 App. §203 | 14504 |
| T. 40 App. §204 | 14505 |
| T. 40 App. §205 | 14506 |
| T. 40 App. §206 | Rep. |
| T. 40 App. §207 | 14503 |
| T. 40 App. §208, 211–213 | Rep. |
| T. 40 App. §214 | 14507 |
| T. 40 App. §221 | 14521 |
| T. 40 App. §222 | 14522 |
| T. 40 App. §223 | 14523 |
| T. 40 App. §223 note | 14702 |
| T. 40 App. §224 | 14524 |
| T. 40 App. §225 | 14525 |
| T. 40 App. §226 | 14526 |
| T. 40 App. §301 | 14102 |
| T. 40 App. §302 | 14321 |
| T. 40 App. §303 | 14322 |
| T. 40 App. §304 | 14310 |
| T. 40 App. §401 | 14703 |
| T. 40 App. §402 | 14701 |
| T. 40 App. §403 | 14102 |
| T. 40 App. §404 | Rep. |
| T. 40 App. §405 | 14704 |
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment by Pub. L. 108–178
Pub. L. 108–178, enacting and amending notes set out below, effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as an Effective Date of 2003 Amendment note under section 5334 of Title 5, Government Organization and Employees.
Enacting Clause
Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062, provided in part that: "Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified, and enacted as title 40, United States Code, 'Public Buildings, Property, and Works' ".
Legislative Purpose and Construction
Pub. L. 108–178, §1, Dec. 15, 2003, 117 Stat. 2637, provided that:
"(a)
"(b)
"(c)
Pub. L. 107–217, §5, Aug. 21, 2002, 116 Stat. 1303, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(d)
"(e)
"(f)
"(g)
Repeals
Pub. L. 108–178, §2(b), Dec. 15, 2003, 117 Stat. 2640, provided that: "Section 6(b) of Public Law 107–217 (116 Stat. 1304) [see below] is repealed insofar as it relates to the provisions listed below, and the provisions listed below are revived to read as if section 6(b) had not been enacted:
"(1) Section 1(a) of the Act of June 30, 1949 (ch. 288, 63 Stat. 377) [41 U.S.C. 101 note].
"(2) Section 509(b) of the Department of Education Organization Act (Public Law 96–88, 93 Stat. 695) [20 U.S.C. 3508(b)].
"(3) Public Law 101–427 (104 Stat. 927) [23 U.S.C. 101 note].
"(4) Section 7306 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 108 Stat. 3384)."
Pub. L. 107–217, §6(a), Aug. 21, 2002, 116 Stat. 1304, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304, as amended by Pub. L. 108–178, §2, Dec. 15, 2003, 117 Stat. 2637, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 21, 2002.
SUBTITLE I—FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 1—GENERAL
SUBCHAPTER I—PURPOSE AND DEFINITIONS
SUBCHAPTER II—SCOPE
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
Editorial Notes
Amendments
2011—Pub. L. 111–350, §5(l)(1), Jan. 4, 2011, 124 Stat. 3850, substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "Federal Property and Administrative Services Act of 1949" in item 111.
SUBCHAPTER I—PURPOSE AND DEFINITIONS
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101 | 40:471. | June 30, 1949, ch. 288, §2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, §1, 68 Stat. 1126. |
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Pub. L. 118–99, §1, Oct. 1, 2024, 138 Stat. 1578, provided that: "This Act [enacting section 530 of this title, amending sections 529 and 530 of this title, and enacting provisions set out as a note under section 529 of this title] may be cited as the 'Reuse Excess Property Act'."
Short Title of 2022 Amendment
Pub. L. 117–328, div. Z, §101, Dec. 29, 2022, 136 Stat. 5523, provided that: "This division [enacting section 549a of this title and provisions set out as a note under section 549a of this title] may be cited as the 'Computers for Veterans and Students Act of 2022' or the 'COVS Act'."
Pub. L. 117–202, §1, Oct. 17, 2022, 136 Stat. 2224, provided that: "This Act [amending section 3313 of this title and enacting provisions set out as a note under section 3313 of this title] may be cited as the 'Bulb Replacement Improving Government with High-efficiency Technology Act' or the 'BRIGHT Act'."
Pub. L. 117–148, §1, June 16, 2022, 136 Stat. 1288, provided that: "This Act [amending section 6121 of this title] may be cited as the 'Supreme Court Police Parity Act of 2022'."
Short Title of 2021 Amendment
Pub. L. 116–333, §1, Jan. 13, 2021, 134 Stat. 5113, provided that: "This Act [enacting section 3318 of this title] may be cited as the 'Transparency in Federal Buildings Projects Act of 2019'."
Short Title of 2020 Amendment
Pub. L. 116–194, §1, Dec. 3, 2020, 134 Stat. 981, provided that: "This Act [enacting provisions set out as a note under section 11301 of this title] may be cited as the 'Information Technology Modernization Centers of Excellence Program Act'."
Short Title of 2019 Amendment
Pub. L. 116–75, §1, Nov. 27, 2019, 133 Stat. 1160, provided that: "This Act [amending section 6121 of this title] may be cited as the 'Reauthorizing Security for Supreme Court Justices Act of 2019'."
Pub. L. 116–30, §1, July 25, 2019, 133 Stat. 1032, provided that: "This Act [enacting section 3318 of this title and provisions set out as a note under section 3318 of this title] may be cited as the 'Fairness For Breastfeeding Mothers Act of 2019'."
Pub. L. 115–419, §1, Jan. 3, 2019, 132 Stat. 5442, provided that: "This Act [amending sections 506 and 524 of this title] may be cited as the 'Federal Personal Property Management Act of 2018'."
Short Title of 2018 Amendment
Pub. L. 115–271, title VIII, §8061, Oct. 24, 2018, 132 Stat. 4094, provided that: "This subtitle [subtitle E (§§8061, 8062) of title VIII of Pub. L. 115–271, enacting section 14510 of this title] may be cited as the 'Treating Barriers to Prosperity Act of 2018'."
Short Title of 2017 Amendment
Pub. L. 115–88, §1, Nov. 21, 2017, 131 Stat. 1278, provided that: "This Act [amending sections 11302 and 11319 of this title and provisions set out as a note under section 3601 of Title 44, Public Printing and Documents] may be cited as the 'FITARA Enhancement Act of 2017'."
Short Title of 2016 Amendment
Pub. L. 114–318, §1, Dec. 16, 2016, 130 Stat. 1608, provided that: "This Act [enacting subchapter VII of chapter 5 of this title and chapter 29 of Title 39, Postal Service, amending sections 102, 524, and 571 of this title, enacting provisions set out as notes under sections 571 and 621 of this title, and amending provisions set out as a note under section 1303 of this title] may be cited as the 'Federal Property Management Reform Act of 2016'."
Pub. L. 114–235, §1, Oct. 7, 2016, 130 Stat. 964, provided that: "This Act [enacting section 3314 of this title, renumbering former section 3314 and sections 3315 and 3316 of this title as sections 3315 to 3317 of this title, respectively, and enacting provisions set out as a note under section 3314 of this title] may be cited as the 'Bathrooms Accessible in Every Situation Act' or 'BABIES Act'."
Short Title of 2014 Amendment
Pub. L. 113–291, div. A, title VIII, subtitle D (§§831–837), Dec. 19, 2014, 128 Stat. 3438, which enacted section 11319 of this title, amended sections 11302 and 11319 of this title, and enacted provisions set out as notes under sections 1704 and 3301 of Title 41, Public Contracts, and section 3601 of Title 44, Public Printing and Documents, is popularly known as the "Federal Information Technology Acquisition Reform Act" or "FITARA".
Short Title of 2013 Amendment
Pub. L. 113–50, §1, Nov. 21, 2013, 127 Stat. 578, provided that: "This Act [amending sections 3144 and 3703 of this title] may be cited as the 'Streamlining Claims Processing for Federal Contractor Employees Act'."
Pub. L. 113–26, §1, Aug. 9, 2013, 127 Stat. 502, provided that: "This Act [amending section 549 of this title] may be cited as the 'Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2013' or the 'FOR VETS Act of 2013'."
Short Title of 2010 Amendment
Pub. L. 111–338, §1, Dec. 22, 2010, 124 Stat. 3590, provided that: "This Act [amending section 549 of this title] may be cited as the 'Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010'or 'FOR VETS Act of 2010'."
Pub. L. 111–263, §1, Oct. 8, 2010, 124 Stat. 2787, provided that: "This Act [amending section 502 of this title] may be cited as the 'Federal Supply Schedules Usage Act of 2010'."
Short Title of 2008 Amendment
Pub. L. 110–371, §1, Oct. 8, 2008, 122 Stat. 4037, provided that: "This Act [enacting section 14508 of this title and amending sections 14102, 14321, 14502 to 14507, 14526, 14703, and 14704 of this title] may be cited as the 'Appalachian Regional Development Act Amendments of 2008'."
Pub. L. 110–248, §1, June 26, 2008, 122 Stat. 2316, provided that: "This Act [amending section 502 of this title] may be cited as the 'Local Preparedness Acquisition Act'."
Short Title of 2006 Amendment
Pub. L. 109–396, §1, Dec. 15, 2006, 120 Stat. 2711, provided that: "This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out under section 8903 of this title, and provisions set out as a note under section 225b of Title 24, Hospitals and Asylums] may be cited as the 'Federal and District of Columbia Government Real Property Act of 2006'."
Pub. L. 109–313, §1, Oct. 6, 2006, 120 Stat. 1734, provided that: "This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5, Government Organization and Employees, section 2669 of Title 22, Foreign Relations and Intercourse, and section 433 of Title 41, Public Contracts, repealing section 322 of this title, enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 5, and amending provisions set out as notes under section 2302 of Title 10, Armed Forces, and section 2107 of Title 44, Public Printing and Documents] may be cited as the 'General Services Administration Modernization Act'."
Short Title of 2003 Amendment
Pub. L. 108–126, title II, §201, Nov. 17, 2003, 117 Stat. 1349, provided that: "This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title] may be cited as the 'Commemorative Works Clarification and Revision Act of 2003'."
§102. Definitions
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1)
(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)
(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)
(4)
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5)
(6)
(7)
(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)
(9)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063; Pub. L. 111–350, §5(l)(2), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 114–318, §3(b)(2), Dec. 16, 2016, 130 Stat. 1613.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102 | 40:472. | June 30, 1949, ch. 288, §3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, §1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, §4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, §2, 69 Stat. 722; Pub. L. 85–337, §5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86–70, §30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93–594, Jan. 2, 1975, 88 Stat. 1926. |
In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of "Administrator" is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of "person" in 1:1.
In clause (6), the words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
Editorial Notes
Amendments
2016—Pub. L. 114–318 substituted "Except as provided in subchapter VII of chapter 5 of this title, the" for "The" in introductory provisions.
2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.
SUBCHAPTER II—SCOPE
§111. Application to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
In the following provisions, the words "this subtitle" are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065; Pub. L. 111–350, §5(l)(3), Jan. 4, 2011, 124 Stat. 3850.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 111 | (no source). |
This section is added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. In the positive law codification of title 40, most of the Federal Property and Administrative Services Act of 1949 is restated as subtitle I of title 40. However, title III of the Act, which is outside the scope of the positive law codification, remains classified to the United States Code as 41 U.S.C. 251 et seq. Where the words "this Act" are restated, substituting the words "this subtitle" does not yield an accurate literal translation because "this subtitle" does not include title III of the Act. This section does not subject any provision of law to title III of the Act if that provision was not subject to title III prior to the positive law codification of title 40.
Editorial Notes
Amendments
2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "Federal Property and Administrative Services Act of 1949" in section catchline and for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.
§112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949
(a)
(b)
(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; 1
(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 1 of the Federal Property and Administrative Services Act of 1949.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 112 | 40:473. | June 30, 1949, ch. 288, title VI, §601, formerly title V, §501, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. |
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288, 63 Stat. 377, which was substantially repealed and restated in this chapter, chapters 3 to 11 of this title, and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted this title, and Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. Provisions of former title I of act June 30, 1949, now appear in chapter 3 of this title relating to organization of General Services Administration. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 40, Public Buildings, Property, and Works, and former Title 41, Public Contracts, see Disposition Tables preceding section 101 of this title and section 101 of Title 41, respectively.
The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of the former Appendix to Title 50, by act June 30, 1949, ch. 288, title VI, §602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, §6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by provisions of the 1949 act which were classified to chapter 10 (§471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title.
1 See References in Text note below.
§113. Limitations
(a)
(b)
(c)
(d)
(e)
(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 section 3063 of title 10, and the head of the agency, with respect to the administration of the provisions of that title referred to in section 3016 of such title as "chapter 137 legacy provisions";
(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 4881 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.);
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(B) the Farmers Home Administration Act of 1946 (ch. 964, 60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), with respect to the exportation and domestic consumption of agricultural products;
(D) section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or
(E) section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j));
(9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property;
(10) the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of—
(A) residential property; or
(B) other property—
(i) acquired or held as part of, or in connection with, residential property; or
(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other law;
(18) the Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 (16 U.S.C. 832 et seq.);
(19) the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or
(20) the Office of the Director of National Intelligence.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108–458, title I, §1080, Dec. 17, 2004, 118 Stat. 3696; Pub. L. 111–350, §5(l)(4), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 117–81, div. A, title XVII, §1702(g)(1), Dec. 27, 2021, 135 Stat. 2157.)
In subsection (a), the word "paramount" is omitted as included in "not subject to any inconsistent provision".
In subsection (c), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597; 31 U.S.C. 841)" in section 602(c) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067).
In subsection (e), the text of 40:474(d)(8) is omitted because 50 App.:1171(b) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 641). The text of 40:474(d)(19) is omitted as obsolete.
In subsection (e)(2), the words "any phase (including, but not limited to, procurement, storage, transportation, processing, and disposal) of" and "the fulfillment of" are omitted as unnecessary.
In subsection (e)(3), the words "chapter 137 of title 10" and "that chapter" are substituted for "Armed Services Procurement Act of 1947" and "said Act" in section 602(d)(3) of the Federal Property and Administrative Services Act of 1949, because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640).
In subsection (e)(4), the words "Secretary of Defense" are substituted for "National Military Establishment" in section 602(d)(4) of the Federal Property and Administrative Services Act of 1949, because of section 12(a), (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591) and because of 10:113(a).
In subsection (e)(5), the words "section 2535 of title 10" are substituted for "the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed "Defense Industrial Reserve Act" by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to section 2535 of title 10 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).
In subsection (e)(6), the words "the Munitions Board" are omitted because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff. June 30, 1953, 67 Stat. 638) abolished the Munitions Board and transferred the Board's functions to the Secretary of Defense.
In subsection (e)(8), the words "or the Department of Agriculture" are omitted as unnecessary because of section 1 of Reorganization Plan No. 2 of 1953 (eff. June 30, 1953, 67 Stat. 638). The words "the Act of August 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities" are omitted because the intended reference is probably to the Act of July 31, 1947 (ch. 413, 61 Stat. 694), which was repealed by section 205(a) of the Housing Act of 1950 (ch. 94, 64 Stat. 73).
In subsection (e)(9), the words "an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)" are substituted for "the Secretary of Agriculture, Farm Credit Administration, or any farm credit board under section 640l(b) of title 12" because section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (12:2001 note), repealed 12:640l, and provided that "[a]ll references in other legislation . . . to the Acts repealed hereby shall be deemed to refer to comparable provisions of [the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)]".
In subsection (e)(10), the words "Secretary of Housing and Urban Development" are substituted for "Department of Housing and Urban Development" because of 42:3532. The words "Federal Deposit Insurance Corporation" are substituted for "Resolution Trust Corporation" because under 12:1441a(m)(1), the Resolution Trust Corporation terminated on December 31, 1995, and was succeeded by the Federal Deposit Insurance Corporation.
In subsection (e)(11), the words "property acquired in connection with" are substituted for "any property acquired or to be acquired for or in connection with" to eliminate unnecessary words.
In subsection (e)(12), the words "the Secretary of Energy with respect to atomic energy" are substituted for "the Atomic Energy Commission" because the Atomic Energy Commission was abolished and its functions were transferred to the Administrator of the Energy Research and Development Administration by section 104 of the Energy Reorganization Act of 1974 (42:5814), and the Energy Research and Development Administration was subsequently terminated and its functions transferred to the Secretary of Energy by sections 301(a) and 703 of the Department of Energy Organization Act (42:7151(a), 42:7293).
In subsection (e)(13), the words "Secretary of Transportation" are substituted for "Administrator of the Federal Aviation Agency" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of sections 3(e) and 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 932, 938), because of 49:106(f) and (g), and because of 49:ch. 473. The words "Secretary of Commerce" are substituted for "Chief of the Weather Bureau" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because the office of Chief of the Weather Bureau was abolished and functions were transferred to the Secretary of Commerce by Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words "section 47301 of title 49" are substituted for "the International Aviation Facilities Act (62 Stat. 450)" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of section 6(b) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1378).
In subsection (e)(17), the words "title 44 or any other law" are substituted for "the Act entitled 'An Act providing for the public printing and binding and the distribution of public documents' approved January 12, 1895 (28 Stat. 601), as amended or any other Act" in section 602(d)(18) of the Federal Property and Administrative Services Act of 1949 because of section 2(b) of the Act of October 22, 1968 (Public Law 90–620, 82 Stat. 1305), the first section of which enacted Title 44, United States Code.
In subsection (e)(19), the words "Secretary of State" are substituted for "Director of the International Communication Agency" [subsequently changed to "Director of the United States Information Agency" because of section 303(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97–241, 96 Stat. 291)] because of 22:6551.
Editorial Notes
References in Text
The Philippine Property Act of 1946, referred to in subsec. (e)(1), is act July 3, 1946, ch. 536, 60 Stat. 418, which is classified generally to subchapter V (§1381 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 22 and Tables.
The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (e)(6), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96–41, §2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables.
The Foreign Service Buildings Act, 1926, referred to in subsec. (e)(7), is act May 7, 1926, ch. 250, 44 Stat. 403, which is classified generally to chapter 8 (§292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables.
The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Farmers Home Administration Act of 1946, referred to in subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was substantially repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87–128, title III, §341(a), 75 Stat. 318. For complete classification of this Act to the Code, see Tables.
The Farm Credit Act of 1971, referred to in subsec. (e)(9), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.
The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, §2, 64 Stat. 873, which is classified generally to chapter 16 (§1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables.
The Bonneville Project Act of 1937, referred to in subsec. (e)(18), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, which is classified generally to chapter 12B (§832 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 832 of Title 16 and Tables.
Amendments
2021—Subsec. (e)(3). Pub. L. 117–81, §1702(g)(1)(A), substituted "section 3063" for "chapter 137" and "the provisions of that title referred to in section 3016 of such title as 'chapter 137 legacy provisions';" for "that chapter;".
Subsec. (e)(5). Pub. L. 117–81, §1702(g)(1)(B), substituted "section 4881" for "section 2535".
2011—Subsec. (b). Pub. L. 111–350 substituted "Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41" for "the Office of Federal Procurement Policy Act" in heading and "division B (Except Sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)" in text.
2004—Subsec. (e)(20). Pub. L. 108–458 added par. (20).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.
1 So in original. Probably should not be capitalized.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§121. Administrative
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(1)
(2)
(A) the authority to prescribe regulations on matters of policy applying to executive agencies;
(B) the authority to transfer functions and related allocated amounts from one component of the Administration to another under paragraphs (1)(C) and (2)(A) of subsection (e); or
(C) other authority for which delegation is prohibited by this subtitle.
(3)
(e)
(1)
(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)
(A)
(B)
(f)
(g)
(h)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1068.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 121(a), (b) | 40:486(a), (b). | June 30, 1949, ch. 288, title II, §205, 63 Stat. 389; Sept. 5, 1950, ch. 849, §9, 64 Stat. 591; Pub. L. 87–619, Aug. 31, 1962, 76 Stat. 414. |
| 121(c)(1) | 40:751(f). | June 30, 1949, ch. 288, title I, §101(f), as added Pub. L. 99–500, §101(m) [title VIII, §832], Oct. 18, 1986, 100 Stat. 1783–345; Pub. L. 99–591, §101(m) [title VIII, §832], Oct. 30, 1986, 100 Stat. 3341–345. |
| 121(c)(2) | 40:486(c). | |
| 121(d)(1), (2) | 40:486(d). | |
| 121(d)(3) | 40:486a. | Pub. L. 104–208, div. A, title I, §101(f) [title VI, §611], Sept. 30, 1996, 110 Stat. 3009–355. |
| 121(e)(1) | 40:486(e). | |
| 40:754 (1st sentence). | June 30, 1949, ch. 288, title I, §106, 63 Stat. 381. | |
| 121(e)(2)(A) | 40:754 (last sentence). | |
| 121(e)(2)(B) | 40:486(f). | |
| 121(f) | 40:486(g). | |
| 121(g) | 40:486(h). | |
| 121(h) | 40:486(i). |
In subsection (b)(3), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
In subsection (d)(3), the words "For the fiscal year ending September 30, 1997, and thereafter" are omitted as unnecessary.
In subsection (e)(1)(C), the words "transfer the function from one component of the Administration to another" are substituted for "from time to time, to regroup, transfer, and distribute any such functions within the General Services Administration" (in 40:754 (1st sentence)) for clarity and to eliminate unnecessary words.
In subsection (e)(2), subparagraph (A) is substituted for 40:754 (last sentence) and subparagraph (B) is substituted for 40:486(f) to use more consistent terminology and to clarify the requirements and applicability of each provision. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in sections 106 (last sentence) and 205(f) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (f), the words "expenses under" are substituted for "subsistence, as authorized by" for consistency in the revised title. The words "section 5703 of title 5" are substituted for "section 5 of the Act of August 2, 1946 (5 U.S.C. 73b–2)" in section 205(g) of the Federal Property and Administrative Services Act of 1949 because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
Executive Documents
Ex. Ord. No. 12072. Federal Space Management
Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, as amended by Ex. Ord. No. 13946, §1, Aug. 24, 2020, 85 F.R. 52879; Ex. Ord. No. 14091, §6(c), Feb. 16, 2023, 88 F.R. 10830, provided:
By the authority vested in me as President of the United States of America by Section 205(a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], and in order to prescribe appropriate policies and directives, not inconsistent with that Act [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts] and other applicable provisions of law, for the planning, acquisition, utilization, and management of Federal space facilities, it is hereby ordered as follows:
1–1. Space Acquisition
1–101. Federal facilities and Federal use of space in urban areas shall serve to strengthen the Nation's cities and to make them attractive places to live and work. Such Federal space shall conserve existing urban resources and encourage the development and redevelopment of cities.
1–102. Procedures for meeting space needs in urban areas shall give serious consideration to the impact a site selection will have on improving the social, economic, environmental, and cultural conditions of the communities in the urban area.
1–103. Except where such selection is otherwise prohibited, the process for meeting Federal space needs in urban areas shall give first consideration to a centralized community business area and adjacent areas of similar character, including other specific areas which may be recommended by local officials.
1–104. The process of meeting Federal space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following criteria:
(a) Compatability [sic] of the site with State, regional, or local development, redevelopment, or conservation objectives.
(b) Conformity with the activities and programs of other Federal agencies.
(c) Impact on economic development and employment opportunities in the urban area, including the utilization of human, natural, cultural, and community resources.
(d) Availability of adequate low and moderate income housing for Federal employees and their families on a nondiscriminatory basis.
(e) Availability of adequate public transportation and parking and accessibility to the public.
1–105. Procedures for meeting space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following alternatives:
(a) Availability of existing Federally controlled facilities.
(b) Utilization of buildings of historic, architectural, or cultural significance within the meaning of section 105 of the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2507, 40 U.S.C. 612a) [now 40 U.S.C. 3306].
(c) Acquisition or utilization of existing privately owned facilities.
(d) Construction of new facilities.
(e) Opportunities for locating cultural, educational, recreational, or commercial activities within the proposed facility.
1–106. Site selection and space assignments shall take into account the management needs for consolidation of agencies or activities in common or adjacent space in order to improve administration and management and effect economies.
1–2. Administrator of General Services
1–201. The Administrator of General Services shall develop programs to implement the policies of this Order through the efficient acquisition and utilization of Federally owned and leased space. In particular, the Administrator shall:
(a) Select, acquire, and manage Federal space in a manner which will foster the policies and programs of the Federal government and improve the management and administration of government activities.
(b) Issue regulations, standards, and criteria for the selection, acquisition, and management of Federally owned and leased space.
(c) Periodically undertake surveys of space requirements and space utilization in the executive agencies.
(d) Ensure, in cooperation with the heads of Executive agencies, that their essential space requirements are met in a manner that is economically feasible and prudent.
(e) Make maximum use of existing Federally controlled facilities which, in his judgment, are adequate or economically adaptable to meeting the space needs of executive agencies.
(f) Annually submit long–range plans and programs for the acquisition, modernization, and use of space for approval by the President.
1–202. The Administrator is authorized to request from any Executive agency such information and assistance deemed necessary to carry out his functions under this Order. Each agency shall, to the extent not prohibited by law, furnish such information and assistance to the Administrator.
1–203. In the process of meeting Federal space needs in urban areas and implementing the policies of this Order, the Administrator shall:
(a) Consider the efficient performance of the missions and programs of the agencies, the nature and function of the facilities involved, the convenience of the public served, and the maintenance and improvement of safe and healthful working conditions for employees.
(b) Coordinate proposed programs and plans for facilities and space with the Director of the Office of Management and Budget.
(c) Consult with appropriate Federal, State, regional, and local government officials and consider their recommendations for and objections to a proposed selection site or space acquisition.
(d) Coordinate proposed programs and plans for facilities and space in a manner designed to implement the purposes of this Order.
(e) Prior to making a final determination concerning the location of Federal facilities, notify the concerned Executive agency of an intended course of action and take into account any additional information provided.
1–204. In ascertaining the social, economic, environmental and other impacts which site selection would have on a community, the Administrator shall, when appropriate, obtain the advice of interested agencies.
1–3. General Provisions
1–301. The heads of Executive agencies shall cooperate with the Administrator in implementing the policies of this Order and shall economize on their use of space. They shall ensure that the Administrator is given early notice of new or changing missions or organizational realignments which affect space requirements.
1–302. Executive agencies which acquire or utilize Federally owned or leased space under authority other than the Federal Property and Administrative Services Act of 1949, as amended [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41], shall conform to the provisions of this Order to the extent they have the authority to do so.
1–303. Executive Order No. 11512 of February 27, 1970, is revoked.
Executive Order No. 12512
Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, which related to Federal real property management, was revoked by Ex. Ord. No. 13327, §8, Feb. 4, 2004, 69 F.R. 5897, set out below.
Ex. Ord. No. 12954. Ensuring the Economical and Efficient Administration and Completion of Federal Government Contracts
Ex. Ord. No. 12954, Mar. 8, 1995, 60 F.R. 13023, provided:
Efficient economic performance and productivity are directly related to the existence of cooperative working relationships between employers and employees. When Federal contractors become involved in prolonged labor disputes with their employees, the Federal Government's economy, efficiency, and cost of operations are adversely affected. In order to operate as effectively as possible, by receiving timely goods and quality services, the Federal Government must assist the entities with which it has contractual relations to develop stable relationships with their employees.
An important aspect of a stable collective bargaining relationship is the balance between allowing businesses to operate during a strike and preserving worker rights. This balance is disrupted when permanent replacement employees are hired. It has been found that strikes involving permanent replacement workers are longer in duration than other strikes. In addition, the use of permanent replacements can change a limited dispute into a broader, more contentious struggle, thereby exacerbating the problems that initially led to the strike. By permanently replacing its workers, an employer loses the accumulated knowledge, experience, skill, and expertise of its incumbent employees. These circumstances then adversely affect the businesses and entities, such as the Federal Government, which rely on that employer to provide high quality and reliable goods or services.
NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including 40 U.S.C. 486(a) [now 40 U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby ordered as follows:
(b) The Secretary shall receive and may investigate complaints by employees of any entity covered under section 2(a) of this order where such complaints allege lawfully striking employees have been permanently replaced.
(c) The Secretary may hold such hearings, public or private, as he or she deems advisable, to determine whether an entity covered under section 2(a) has permanently replaced lawfully striking employees.
(b) The head of the contracting department or agency may object to the termination for convenience of a contract or contracts of a contractor determined to have permanently replaced legally striking employees. If the head of the agency so objects, he or she shall set forth the reasons for not terminating the contract or contracts in a response in writing to the Secretary. In such case, the termination for convenience shall not be issued. The head of the contracting agency or department shall report to the Secretary those contracts that have been terminated for convenience under this section.
(b) The scope of the debarment normally will be limited to those organizational units of a Federal contractor that the Secretary finds to have permanently replaced lawfully striking workers.
(c) The period of the debarment may not extend beyond the date when the labor dispute precipitating the permanent replacement of lawfully striking workers has been resolved, as determined by the Secretary.
(b) This order is effective immediately.
William J. Clinton.
Executive Order No. 12977
Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by Ex. Ord. No. 13286, §23, Feb. 28, 2003, 68 F.R. 10624, which established the Interagency Security Committee, was superseded and revoked by Ex. Ord. No. 14111, §7, Nov. 27, 2023, 88 F.R. 83811, set out in a note below.
Ex. Ord. No. 13327. Federal Real Property Asset Management
Ex. Ord. No. 13327, Feb. 4, 2004, 69 F.R. 5897, as amended by Ex. Ord. No. 13423, §11(c), Jan. 24, 2007, 72 F.R. 3923; Ex. Ord. No. 13693, §16(d), Mar. 19, 2015, 80 F.R. 15881, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 121(a) of title 40, United States Code, and in order to promote the efficient and economical use of Federal real property resources in accordance with their value as national assets and in the best interests of the Nation, it is hereby ordered as follows:
(b) This order shall not be interpreted to supersede any existing authority under law or by executive order for real property asset management, with the exception of the revocation of Executive Order 12512 of April 29, 1985 [formerly set out as a note above], in section 8 of this order.
(b) The Senior Real Property Officer shall develop and implement an agency asset management planning process that meets the form, content, and other requirements established by the Federal Real Property Council established in section 4 of this order. The initial agency asset management plan will be submitted to the Office of Management and Budget on a date determined by the Director of the Office of Management and Budget. In developing this plan, the Senior Real Property Officer shall:
(i) identify and categorize all real property owned, leased, or otherwise managed by the agency, including, where applicable, those properties outside the United States in which the lease agreements and arrangements reflect the host country currency or involve alternative lease plans or rental agreements;
(ii) prioritize actions to be taken to improve the operational and financial management of the agency's real property inventory;
(iii) make life-cycle cost estimations associated with the prioritized actions;
(iv) identify legislative authorities that are required to address these priorities;
(v) identify and pursue goals, with appropriate deadlines, consistent with and supportive of the agency's asset management plan and measure progress against such goals;
(vi) incorporate planning and management requirements for historic property under Executive Order 13287 of March 3, 2003 [54 U.S.C. 306101 note], and for environmental management under other Executive Orders; and
(vii) identify any other information and pursue any other actions necessary to the appropriate development and implementation of the agency asset management plan.
(c) The Senior Real Property Officer shall be responsible, on an ongoing basis, for monitoring the real property assets of the agency so that agency assets are managed in a manner that is:
(i) consistent with, and supportive of, the goals and objectives set forth in the agency's overall strategic plan under section 306 of title 5, United States Code;
(ii) consistent with the real property asset management principles developed by the Federal Real Property Council established in section 4 of this order; and
(iii) reflected in the agency asset management plan.
(d) The Senior Real Property Officer shall, on an annual basis, provide to the Director of the Office of Management and Budget and the Administrator of General Services:
(i) information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information; and
(ii) any other relevant information the Director of the Office of Management and Budget or the Administrator of General Services may request for inclusion in the Government-wide listing of all Federal real property assets and leased property.
(e) The designation of the Senior Real Property Officer shall be made by agencies within 30 days after the date of this order.
(b) The Council shall provide a venue for assisting the Senior Real Property Officers in the development and implementation of the agency asset management plans. The Council shall work with the Administrator of General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures shall include, but are not limited to, evaluating the costs and benefits involved with acquiring, repairing, maintaining, operating, managing, and disposing of Federal real properties at particular agencies. Specifically, the Council shall consider, as appropriate, the following performance measures:
(i) life-cycle cost estimations associated with the agency's prioritized actions;
(ii) the costs relating to the acquisition of real property assets by purchase, condemnation, exchange, lease, or otherwise;
(iii) the cost and time required to dispose of Federal real property assets and the financial recovery of the Federal investment resulting from the disposal;
(iv) the operating, maintenance, and security costs at Federal properties, including but not limited to the costs of utility services at unoccupied properties;
(v) the environmental costs associated with ownership of property, including the costs of environmental restoration and compliance activities;
(vi) changes in the amounts of vacant Federal space;
(vii) the realization of equity value in Federal real property assets;
(viii) opportunities for cooperative arrangements with the commercial real estate community; and
(ix) the enhancement of Federal agency productivity through an improved working environment. The performance measures shall be designed to enable the heads of executive branch agencies to track progress in the achievement of Government-wide property management objectives, as well as allow for comparing the performance of executive branch agencies against industry and other public sector agencies.
(c) The Council shall serve as a clearinghouse for executive agencies for best practices in evaluating actual progress in the implementation of real property enhancements. The Council shall also work in conjunction with the President's Management Council to assist the efforts of the Senior Real Property Officials and the implementation of agency asset management plans.
(d) The Council shall be organized and hold its first meeting within 60 days of the date of this order. The Council shall hold meetings not less often than once a quarter each fiscal year.
(b) The Administrator of General Services shall publish common performance measures and standards adopted by the Council.
(c) The Administrator of General Services, in consultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive branch agencies, except when otherwise required for reasons of national security. The Administrator shall collect from each executive branch agency such descriptive information, except for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Government.
(d) The Administrator of General Services, in consultation with the Federal Real Property Council, may establish data and other information technology (IT) standards for use by Federal agencies in developing or upgrading Federal agency real property information systems in order to facilitate reporting on a uniform basis. Those agencies with particular IT standards and systems in place and in use shall be allowed to continue with such use to the extent that they are compatible with the standards issued by the Administrator.
(b) The Office of Management and Budget and the General Services Administration shall, in consultation with the landholding agencies, develop legislative initiatives that seek to improve Federal real property management through the adoption of appropriate industry management techniques and the establishment of managerial accountability for implementing effective and efficient real property management practices.
(c) Nothing in this order shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, or legislative proposals.
(d) Nothing in this order shall be construed to affect real property for the use of the President, Vice President, or, for protective purposes, the United States Secret Service.
[Section 3(b)(vi) of Ex. Ord. No. 13327 was amended by Ex. Ord. No. 13423 by substituting "other executive orders" for "Executive Order 13148 of April 21, 2000" and by Ex. Ord. No. 13693 by substituting "other Executive Orders" for "Executive Order 13148 of April 21, 2000". Text of Ex. Ord. No. 13327 set out above reflects the amendment made by Ex. Ord. No. 13693.]
Disposing of Unneeded Federal Real Estate—Increasing Sales Proceeds, Cutting Operating Costs, and Improving Energy Efficiency
Memorandum of President of the United States, June 10, 2010, 75 F.R. 33987, provided:
Memorandum for the Heads of Executive Departments and Agencies
My Administration is committed to eliminating all forms of Government waste and to leading by example as our Nation transitions to a clean energy economy. For decades, the Federal Government, the largest property owner and energy user in the United States, has managed more real estate than necessary to effectively support its programs and missions. Both taxpayer dollars and energy resources are being wasted to maintain these excess assets. In addition, many of the properties necessary for the Government's work are not operated efficiently, resulting in wasted funds and excessive greenhouse gas pollution. For example, over the past decade, the private sector reduced its data center footprint by capitalizing on innovative technologies to increase efficiencies. However, during that same period, the Federal Government experienced a substantial increase in the number of data centers, leading to increased energy consumption, real property expenditures, and operations and maintenance costs. Past attempts at reducing the Federal Government's civilian real property assets produced small savings and had a minor impact on the condition and performance of mission-critical properties. These efforts were not sufficiently comprehensive in disposing of excess real estate and did not emphasize making more efficient use of existing assets.
To eliminate wasteful spending of taxpayer dollars, save energy and water, and further reduce greenhouse gas pollution, I hereby direct executive departments and agencies (agencies) to accelerate efforts to identify and eliminate excess properties. Agencies shall also take immediate steps to make better use of remaining real property assets as measured by utilization and occupancy rates, annual operating cost, energy efficiency, and sustainability. To the extent permitted by law, agency actions shall include accelerating cycle times for identifying excess assets and disposing of surplus assets; eliminating lease arrangements that are not cost effective; pursuing consolidation opportunities within and across agencies in common asset types (such as data centers, office space, warehouses, and laboratories); increasing occupancy rates in current facilities through innovative approaches to space management and alternative workplace arrangements, such as telework; and identifying offsetting reductions in inventory when new space is acquired. Agency actions taken under this memorandum shall align with and support the actions to measure and reduce resource use and greenhouse gas emissions in Federal facilities pursuant to [former] Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and the Federal Data Center Consolidation Initiative, which was announced by the Office of Management and Budget (OMB) in February 2010.
In total, agency efforts required by this memorandum should produce no less than $3 billion in cost savings by the end of fiscal year 2012, yielded from increased proceeds from the sale of assets and reduced operating, maintenance, and energy expenses from disposals or other space consolidation efforts, including leases that are ended. This is in addition to the Department of Defense's Base Realignment and Closure efforts that are expected to achieve $9.8 billion in savings from fiscal year 2010 to fiscal year 2012, of which $5 billion is a direct result of reduced operating and maintenance from disposals or other consolidation efforts. In addition, in order to address the growth of data centers across the Federal Government, agencies shall immediately adopt a policy against expanding data centers beyond current levels, and shall develop plans to consolidate and significantly reduce data centers within 5 years. Agencies shall submit their plans to OMB for review by August 30, 2010.
To achieve these goals, the Director of the OMB shall develop, in consultation with the Administrator of General Services and the Federal Real Property Council established pursuant to Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Management), within 90 days of the date of this memorandum, guidance for actions agencies should take to carry out the requirements of this memorandum. The guidance shall include agency-specific targets to achieve $3 billion in cost savings and shall be developed in consultation with the agencies. The Administrator of General Services, in consultation with the Director of the OMB, shall coordinate agency efforts to satisfy the requirements of this memorandum and shall submit to the President periodic reports on the results achieved.
This memorandum shall be implemented consistent with applicable law and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
Ex. Ord. No. 14111. Interagency Security Committee
Ex. Ord. No. 14111, Nov. 27, 2023, 88 F.R. 83809, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the quality and effectiveness of security in and protection of buildings and facilities in the United States occupied by Federal employees or Federal contractor workers for nonmilitary activities, and to provide an ongoing entity to address continuing Government-wide security for Federal facilities, it is hereby ordered as follows:
(a) the Secretary of Homeland Security (Secretary);
(b) representatives from the following executive departments and agencies (agencies), designated by the heads of such agencies:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Health and Human Services;
(x) the Department of Housing and Urban Development;
(xi) the Department of Transportation;
(xii) the Department of Energy;
(xiii) the Department of Education;
(xiv) the Department of Veterans Affairs;
(xv) the Environmental Protection Agency;
(xvi) the Office of Management and Budget;
(xvii) the Office of the Director of National Intelligence; and
(xviii) the General Services Administration;
(c) the following officials or their designees:
(i) the Director of the United States Marshals Service;
(ii) the Director of the Federal Protective Service;
(iii) the Director of the Central Intelligence Agency;
(iv) the Director of the Office of Personnel Management; and
(v) the Director of the Federal Bureau of Investigation; and
(d) such other Federal officials as the President may from time to time designate.
(a) establish policies and standards for security in and protection of Federal facilities;
(b) evaluate existing security standards for Federal facilities and develop a strategy to monitor the implementation of such standards to ensure compliance by agencies;
(c) take such actions as may be necessary to enhance the quality and effectiveness of security in and protection of Federal facilities, including:
(i) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner;
(ii) assessing technology and information systems as means of providing cost-effective improvements to security in Federal facilities;
(iii) developing long-term construction standards for those locations with threat levels or missions that require blast-resistant structures or other specialized security requirements;
(iv) evaluating standards for the location of, and special security related to, child care centers in Federal facilities;
(v) assisting the Secretary in developing and maintaining a centralized security database of all Federal facilities; and
(vi) providing best practices for securing a mobile Federal workforce; and
(d) no later than 1 year after the date of this order [Nov. 27, 2023] and biennially thereafter, prepare and provide to the Director of the Office of Management and Budget and the Assistant to the President for National Security Affairs a summary report describing the results of compliance under subsection 6(c) of this order.
(b) Each agency shall cooperate and comply with the requirements of this order and the policies and standards of the Committee issued pursuant to this order, except in situations in which the Director of National Intelligence, or other United States Intelligence Community official within the Office of the Director of National Intelligence designated by the Director of National Intelligence, determines that compliance would jeopardize intelligence sources and methods. To the extent permitted by law and subject to the availability of appropriations, agencies shall provide such cooperation and compliance as may be necessary to enable the Committee to perform its duties and responsibilities under this order.
(i) Each agency shall designate a senior official who shall be responsible for agency implementation of, and compliance with, this order.
(ii) The senior official shall ensure that the official's agency supports Facility Security Committees, as applicable, in the performance of the official's duties.
(c) The Secretary shall monitor agency compliance with the policies and standards of the Committee. Monitoring compliance shall consist, at a minimum, of the following:
(i) maintaining compliance benchmarks to measure compliance progress;
(ii) requiring periodic compliance reporting by all relevant agencies; and
(iii) conducting risk-based compliance verification.
(d) In situations in which a Federal facility is occupied by multiple agencies for both military and nonmilitary activities, and each such occupancy is substantial, those occupants shall coordinate on the security of the facility.
(a) "Agency" means an executive agency, as defined in section 105 of title 5, United States Code.
(b) "Federal facility" means a federally owned or leased building, structure, or the land it resides on, in whole or in part, that is regularly occupied by Federal employees or Federal contractor workers for nonmilitary activities. The term "Federal facility" also means any building or structure acquired by a contractor through ownership or leasehold interest, in whole or in part, solely for the purpose of executing a nonmilitary Federal mission or function under the direction of an agency. The term "Federal facility" does not include public domain land, including improvements thereon; withdrawn lands; or buildings or facilities outside of the United States.
(c) "Federal employee" means an employee, as defined in section 2105 of title 5, United States Code, of an agency.
(d) "Federal contractor worker" means any individual who performs work for or on behalf of any agency under a contract, subcontract, or contract-like instrument and who, in order to perform the work specified under the contract, subcontract, or contract-like instrument, requires access to space, information, information technology systems, staff, or other assets of the Federal Government in buildings and facilities of the United States. Such contracts include the following:
(i) personal service contracts;
(ii) contracts between any non-Federal entity and any agency; and
(iii) subcontracts between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with an agency.
(e) "Facility Security Committee" means a committee that is established in accordance with an Interagency Security Committee standard, and that is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in multi-tenant facilities.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
J.R. Biden, Jr.
§122. Prohibition on sex discrimination
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 122 | 40:476. | June 30, 1949, ch. 288, title VI, §606, as added Pub. L. 94–519, §8, Oct. 17, 1976, 90 Stat. 2456. |
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
§123. Civil remedies for fraud
(a)
(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)
(c)
(d)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 123(a) | 40:489(b). | June 30, 1949, ch. 288, title II, §209, 63 Stat. 392. |
| 123(b) | 40:489(d). | |
| 123(c) | 40:489(a). | |
| 123(d) | 40:489(c). |
In subsection (a), before clause (1), the words "under this subtitle" are substituted for "hereunder" because "hereunder" probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words "or engage in", "or engaged in", "securing or", and "secure or" are omitted as unnecessary. The word "money" is substituted for "payment" for consistency in the section.
In subsection (a)(1)(B), the words "because of each act" are substituted for "by reason thereof" for clarity.
In subsection (a)(2), the words "or any Federal agency" and "or any Federal agency, as the case may be" are omitted as unnecessary.
In subsection (a)(3), the words "fraudulently obtained" are substituted for "thus secured and obtained" for clarity and to eliminate unnecessary words.
In subsection (d)(1), the word "several" is omitted as unnecessary. The words "the District Court of the United States for the District of Columbia" in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in "a district court of the United States" because of sections 88 and 132(a) of title 28.
Subsection (d)(2) is substituted for "[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
In subsection (d)(3), the words "A defendant that does not reside and may not be found in the court's judicial district" are substituted for "and such person or persons as are not inhabitants of or found within the district in which suit is brought" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 124 | 40:475(b). | June 30, 1949, ch. 288, title VI, §603(b), formerly §503(b), 63 Stat. 403; renumbered [§] 603(b), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. |
The words "heretofore or hereafter" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 603(b) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 125 | 40:475(a). | June 30, 1949, ch. 288, title VI, §603(a), formerly §503(a), 63 Stat. 403; renumbered [§] 603(a), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, §7(g), 64 Stat. 590. |
The words "such sums as may be necessary to carry out the provisions of this Act" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 126 | 40:492. | June 30, 1949, ch. 288, title II, §212, formerly §210, 63 Stat. 393; renumbered §212, Sept. 5, 1950, ch. 849, §5(a), 64 Stat. 580. |
The words "in January of each year and" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 174 of House Document No. 103–7.
CHAPTER 3—ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
SUBCHAPTER I—GENERAL
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—FUNDS
Editorial Notes
Amendments
2006—Pub. L. 109–313, §§2(a)(2), 3(h)(3), Oct. 6, 2006, 120 Stat. 1734, 1736, substituted "Federal Acquisition Service" for "Functions" in item 303 and "Acquisition Services Fund" for "General Supply Fund" in item 321 and struck out item 322 "Information Technology Fund".
2002—Pub. L. 107–347, title I, §102(a)(2), Dec. 17, 2002, 116 Stat. 2910, added item 305.
1 Section repealed by Pub. L. 111–8 without corresponding amendment of chapter analysis.
SUBCHAPTER I—GENERAL
§301. Establishment
The General Services Administration is an agency in the executive branch of the Federal Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 40:751(a). | June 30, 1949, ch. 288, title I, §101(a), 63 Stat. 379. |
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 121(g)(5), 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
5-Year Plans for Federal Building Construction and Land Port-of-Entry Projects
Pub. L. 111–117, div. C, title V, Dec. 16, 2009, 123 Stat. 3188, provided in part: "That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs".
Similar provisions were contained in the following prior appropriation act:
Pub. L. 111–8, div. D, title V, Mar. 11, 2009, 123 Stat. 660.
Executive Documents
REORGANIZATION PLAN NO. 18 OF 1950
Eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see 5 U.S.C. 901 et seq.].
BUILDING AND SPACE MANAGEMENT FUNCTIONS
Section 1. Transfer of Space Assignment and Leasing Functions
All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—
(a) space in buildings located in any foreign country;
(b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, air-field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative;
(c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and
(d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose:
Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings.
Sec. 2. Transfer of Office Building Management Functions
All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—
(a) any building located in any foreign country;
(b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative;
(c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and
(d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution.
[References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100–418, set out as a Change of Name note under 15 U.S.C. 271.]
Sec. 3. Performance of Transferred Functions
(a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan.
(b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General.
(c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan.
Sec. 4. Transfer of Personnel, Property, Records, and Funds
There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate.
Sec. 5. Effective Date
The provisions of this reorganization plan shall take effect on the 1st day of July 1950.
[The Post Office Department has been redesignated the United States Postal Service pursuant to Pub. L. 91–375, §6(o), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.]
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field.
The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services—the administration of Government office buildings and general-purpose building space in the field.
Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress.
Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space.
The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses.
This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings.
Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post-office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area.
In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post-office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues.
While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation.
The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings.
After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.
While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies.
Harry S Truman.
Ex. Ord. No. 13538. Establishing the President's Management Advisory Board
Ex. Ord. No. 13538, Apr. 19, 2010, 75 F.R. 20895, as amended by Ex. Ord. No. 13652, §4, Sept. 30, 2013, 78 F.R. 61818, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(b) The functions of the PMAB shall be advisory only.
(b) The DDM shall serve as Chair of the PMAB. The Chair shall convene and preside at meetings of the PMAB, determine its agenda, and direct its work.
(c) Members appointed by the President shall serve for a term of 2 years and shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the appointment of a successor.
(b) All executive departments, agencies, and offices shall provide information and assistance to the PMAB as the Chair may request for purposes of carrying out the PMAB's functions, to the extent permitted by law.
(c) The PMAB shall have a staff headed by an Executive Director, who shall be a full-time or permanent part-time Federal employee appointed by the Chair. The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (FACA). The Executive Director may serve as the DFO.
(d) Members of the PMAB shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), consistent with the availability of funds.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Extension of Term of President's Management Advisory Board
Term of President's Management Advisory Board extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of President's Management Advisory Board were contained in the following prior Executive Orders:
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.
§302. Administrator and Deputy Administrator
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302 | 40:751(b), (c). | June 30, 1949, ch. 288, title I, §101(b), (c), 63 Stat. 379. |
§303. Federal Acquisition Service
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072; Pub. L. 109–313, §2(a)(1), Oct. 6, 2006, 120 Stat. 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a)(1) | 40:752(a). | June 30, 1949, ch. 288, title I, §102, 63 Stat. 380; Sept. 5, 1950, ch. 849, §6(a), 64 Stat. 583. |
| 303(a)(2) | 40:752(c). | |
| 303(b) | 40:753. | June 30, 1949, ch. 288, title I, §103, 63 Stat. 380. |
In subsection (a)(1), the text of 40:752(a) (2d, last sentences) is omitted as executed.
Subsection (a)(2) is substituted for 40:752(c) to eliminate obsolete language.
In subsection (b), the text of 40:753(a) (related to Public Roads) is omitted because the Bureau of Public Roads was transferred to the Department of Commerce under section 1 of Reorganization Plan No. 7 of 1949 (eff. Aug. 20, 1949, 63 Stat. 1070), and subsequently transferred to the Department of Transportation under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931). The text of 40:753(a) (last sentence related to Federal Works Agency transfers) and (b) is omitted as executed.
Editorial Notes
Amendments
2006—Pub. L. 109–313 amended section catchline and text generally. Prior to amendment, text read as follows:
"(a)
"(1)
"(A) the Bureau;
"(B) the Director of the Bureau;
"(C) the personnel of the Bureau; or
"(D) the Secretary of the Treasury.
"(2)
"(b)
"(1) the Federal Works Agency;
"(2) the Federal Works Administrator; or
"(3) the Commissioner of Public Buildings."
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 109–313, §2(c), Oct. 6, 2006, 120 Stat. 1735, provided that: "Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document—
"(1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service;
"(2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service;
"(3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and
"(4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service."
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to the Administrator of General Services, see Parts 1, 2, and 18 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under section 5195 of Title 42, The Public Health and Welfare.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304 | 40:760. | June 30, 1949, ch. 288, title I, §112, as added Pub. L. 95–491, §2(a), Oct. 20, 1978, 92 Stat. 1641. |
The text of 40:760(b) is omitted as unnecessary because of section 121(b)(1) of the revised title. The text of 40:760(c) is omitted because the authorization for fiscal year ending September 30, 1980 is obsolete and the authorization for "such sums as may be necessary" for succeeding years is unnecessary.
§305. Electronic Government and information technologies
The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies.
(Added Pub. L. 107–347, title I, §102(a)(1), Dec. 17, 2002, 116 Stat. 2910.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents.
SUBCHAPTER II—ADMINISTRATIVE
§311. Personnel
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072; Pub. L. 111–350, §5(l)(5), Jan. 4, 2011, 124 Stat. 3851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 311(a)–(c) | 40:758. | June 30, 1949, ch. 288, title II, §208, 63 Stat. 391; Sept. 5, 1950, ch. 849, §7(b), (c), 64 Stat. 590. |
| 311(d) | 40:253. | June 23, 1913, ch. 3, §1 (proviso on p. 17), 38 Stat. 17. |
In subsections (a) and (b), the words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. Reference to title V of this Act is omitted as obsolete because of the Act of October 22, 1968 (Public Law 90–620, 82 Stat. 1238), the first section of which enacted Title 44, United States Code. The responsibilities of the Administrator of General Services under title V were given to the Archivist of the United States, National Historical Publications and Records Commission, and Advisory Committee on the Records of Congress.
In subsection (a), the words "subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "subject to the civil-service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (b), the words "under section 3109 of title 5" are substituted for "(not in excess of one year)" and "or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such service shall be without regard to the civil-service and classification laws, and except in the case of stenographic reporting services by organizations, without regard to section 5 of title 41" for clarity and to eliminate unnecessary words.
In subsection (c), the words "section 973 of title 10" are substituted for "section 1222 of the Revised Statutes (10 U. S. C. 576)" in section 208(c) of the Federal Property and Administrative Services Act of 1949 because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640), the first section of which enacted Title 10, United States Code, and section 4(a)(5) and (6) of the Act of January 2, 1968 (Public Law 90–235, 81 Stat. 759). The words "personnel (including armed services personnel) from an executive agency other than the General Services Administration" are substituted for "officials, officers, and other personnel in other executive agencies, including personnel of the armed services" for clarity and to eliminate unnecessary words.
In subsection (d), the words "On and after June 23, 1913" are omitted as obsolete. The word "Administrator" is substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)], and the word "Administration" [meaning the General Services Administration] is substituted for "public-buildings service" and "Office of the Supervising Architect" [subsequently changed to "Public Buildings Administration" because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)], because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "such as supervising superintendents, superintendents, junior superintendents, and inspectors of the several classes" are omitted as unnecessary.
Editorial Notes
Amendments
2011—Subsecs. (a), (b). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
[§312. Repealed. Pub. L. 111–8, div. D, title V, §518(c)(1), Mar. 11, 2009, 123 Stat. 665]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073, related to transfer and use of amounts for major equipment acquisitions.
§313. Tests of materials
(a)
(b)
(1) determine whether an article or commodity conforms to prescribed specifications and standards; or
(2) aid in the development of specifications and standards.
(c)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 313(a) | 40:756(g) (1st sentence words before 1st comma). | June 30, 1949, ch. 288, title I, §109(g) (1st–3d sentences), as added Sept. 5, 1950, ch. 849, §3(b), 64 Stat. 579; Pub. L. 86–591, July 5, 1960, 74 Stat. 330. |
| 313(b) | 40:756(g) (1st sentence words after 1st comma). | |
| 313(c) | 40:756(g) (2d, 3d sentences). |
In subsection (b), the word "contemplated" is omitted as unnecessary.
SUBCHAPTER III—FUNDS
§321. Acquisition Services Fund
(a)
(b)
(1)
(2)
(A) the net proceeds of disposal of surplus personal property; and
(B) receipts from carriers and others for loss of, or damage to, personal property; and
(C) receipts from agencies charged fees pursuant to rates established by the Administrator.
(3)
(4)
(c)
(1)
(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 Director of the Government Publishing Office, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);
(ii) nonpersonal services; and
(iii) personal services related to the provision of information technology (as defined in section 11101(6) of this title);
(B) paying the purchase price, cost of transportation of personal property and services, and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; and
(C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.
(2)
(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)
(1)
(2)
(A) so far as practicable—
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property;
(v) the cost of personal services employed directly in providing information technology (as defined in section 11101(6) of this title); and
(vi) the cost of amortization and repair of equipment used for lease or rent to executive agencies; and
(B) properly allocable costs payable by the Fund under subsection (c)(1)(C).
(3)
(A)
(B)
(C)
(i) the date of billing by the Administrator; or
(ii) the date on which actual liability for personal property or services is incurred by the Administrator.
(e)
(f)
(g)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1074; Pub. L. 109–313, §3(d)–(g), (h)(2), Oct. 6, 2006, 120 Stat. 1735, 1736; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)
In subsection (b)(1), the words "the assets of the general supply fund (including any surplus therein) created by section 3 of the Act of February 27, 1929 (45 Stat. 1342; 41 U.S.C. 7c), and transferred to the Administrator by section 752 of this title" and "the fund shall assume all of the liabilities, obligations, and commitments of the general supply fund created by such Act of February 27, 1929" are omitted as executed and obsolete.
In subsection (b)(2)(B), the words "Amounts credited under this paragraph" are substituted for "and the same" for clarity.
In subsection (c)(2), the words "Subject to the requirements of subsections (a) to (e) of this section" are omitted as unnecessary.
In subsection (d)(1), the words "For property or services procured through the Fund for requisitioning agencies" are added for clarity.
In subsection (d)(2)(B), the words "with respect to the supplies or services concerned" are omitted as included in "properly allocable costs".
In subsection (e), the text of 40:756b(b) and the words "Notwithstanding any other provision of law" are omitted as unnecessary.
In subsection (f)(2), the words "on and after June 5, 1981" are omitted as obsolete.
Editorial Notes
Amendments
2006—Pub. L. 109–313, §3(h)(2), substituted "Acquisition Services Fund" for "General Supply Fund" in section catchline.
Subsecs. (a), (b). Pub. L. 109–313, §3(d), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to the existence and composition, respectively, of the General Supply Fund.
Subsec. (c)(1)(A)(iii). Pub. L. 109–313, §3(e), added cl. (iii).
Subsec. (d)(2)(A)(v), (vi). Pub. L. 109–313, §3(f), added cl. (v) and redesignated former cl. (v) as (vi).
Subsec. (f). Pub. L. 109–313, §3(g), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:
"(1)
"(2)
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (c)(1)(A)(i) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
Acquisition Services Fund
Pub. L. 109–313, §3(a)–(c), Oct. 6, 2006, 120 Stat. 1735, provided that:
"(a)
"(b)
"(c)
[§322. Repealed. Pub. L. 109–313, §3(h)(1), Oct. 6, 2006, 120 Stat. 1736]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1076, related to an Information Technology Fund in the Treasury.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as an Effective Date of 2006 Amendment note under section 5316 of Title 5, Government Organization and Employees.
§323. Consumer Information Center Fund 1
(a)
(b)
(1) appropriations from the Treasury for Federal Citizen Services 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 2 activities.
(c)
(d)
(e)
(f) The Administrator may enter into agreements with federal agencies to provide services through the Fund on a fully reimbursable basis.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1077; Pub. L. 111–8, div. D, title V, §516, Mar. 11, 2009, 123 Stat. 664; Pub. L. 117–103, div. E, title V, §527, Mar. 15, 2022, 136 Stat. 276.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a)–(d) | 40:761. | Pub. L. 98–63, title I, §101 (1st–9th sentences in par. under heading "Consumer Information Center Fund"), July 30, 1983, 97 Stat. 321. |
| 323(e) | 40:761a. | Pub. L. 105–65, title III, (last proviso in par. under heading "Consumer Information Center Fund"), Oct. 27, 1997, 111 Stat. 1377. |
In this section, the text of 40:761 (6th–last sentences) is omitted as obsolete.
In subsection (a), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
In subsection (b), the words "for fiscal year 1983 and subsequent fiscal years" are omitted as obsolete and unnecessary.
In subsection (e), the words "Notwithstanding any other provision of law" and "during fiscal year 1998 and hereafter" are omitted as unnecessary.
Editorial Notes
Amendments
2022—Subsec. (f). Pub. L. 117–103 added subsec. (f).
2009—Subsec. (a). Pub. L. 111–8 substituted "Federal Citizen Services" for "Consumer Information Center" and struck out "consumer" after "Federal Government".
Subsec. (b)(1). Pub. L. 111–8 substituted "Federal Citizen Services" for "Consumer Information Center".
1 So in original. Probably should be "Federal Citizen Services Fund".
2 So in original. See 2009 Amendment notes below.
CHAPTER 5—PROPERTY MANAGEMENT
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
SUBCHAPTER II—USE OF PROPERTY
SUBCHAPTER III—DISPOSING OF PROPERTY
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
SUBCHAPTER VII—PROPERTY MANAGEMENT
Amendment of Analysis
Pub. L. 118–99, §2(e)(3), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this analysis is amended by striking item 530. See 2024 Amendment note below.
Editorial Notes
Amendments
2024—Pub. L. 118–99, §2(c), (e)(3), Oct. 1, 2024, 138 Stat. 1579, added item 530 and, effective 5 years after Oct. 1, 2024, struck out such item 530 "Internal guidance on excess personal property".
2022—Pub. L. 117–328, div. Z, §103(b), Dec. 29, 2022, 136 Stat. 5527, added item 549a.
2016—Pub. L. 114–318, §3(b)(1), Dec. 16, 2016, 130 Stat. 1613, added item for subchapter VII and items 621 to 624.
Statutory Notes and Related Subsidiaries
Effective Date of 2024Amendment
Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(3) is effective on the date that is 5 years after Oct. 1, 2024.
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
§501. Services for executive agencies
(a)
(1)
(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)
(b)
(1)
(A)
(B)
(2)
(A)
(B)
(c)
(A) in negotiations with carriers and other public utilities; and
(B) in proceedings involving carriers or other public utilities before federal and state regulatory bodies.
(2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall—
(A) notify the senior mission commander of the installation; and
(B) solicit and represent the interests of the installation as determined by the installation's senior mission commander.
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1079; Pub. L. 111–350, §5(l)(6), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 115–232, div. B, title XXVIII, §2826, Aug. 13, 2018, 132 Stat. 2270.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 501(a) | 40:481(a) (words before cl. (1), last proviso). | June 30, 1949, ch. 288, title II, §201(a), 63 Stat. 383; Pub. L. 93–400, §15(1), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. |
| 501(b) | 40:481(a)(1), (3). | |
| 501(c) | 40:481(a)(4). | |
| 501(d) | 40:481(a)(2). |
In subsection (a)(2), the words "from time to time" are omitted as unnecessary. The words "Department of Defense" are substituted for "National Military Establishment" in section 201(a) (last proviso) of the Federal Property and Administrative Services Act of 1949, because the Department of Defense was deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591). The words "or which may be taken" are omitted as unnecessary.
In subsection (b)(2)(B), the words "subject to regulations" are substituted for "subject to regulations and regulations" in section 201(a)(1) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (Public Law 98–191, 97 Stat. 1331).
Editorial Notes
Amendments
2018—Subsec. (c). Pub. L. 115–232 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
2011—Subsec. (b)(2)(B). Pub. L. 111–350 substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
§502. Services for other entities
(a)
(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)
(1)
(A)(i) a qualified nonprofit agency for the blind (as defined in section 8501(7) of title 41); or
(ii) a qualified nonprofit agency for other severely disabled (as defined in section 8501(6) of title 41); and
(B) providing a commodity or service to the Federal Government under chapter 85 of title 41.
(2)
(c)
(1)
(A) Automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70).
(B) Alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement and security equipment, marine craft and related equipment, special purpose clothing, and related services (as contained in Federal supply classification code group 84 or any amended or subsequent version of that Federal supply classification group).
(2)
(3)
(A) The term "State or local government" includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education).
(B) The term "tribal government" means—
(i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and
(ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(C) The term "local educational agency" has the meaning given that term in section 7013 of the Elementary and Secondary Education Act of 1965.
(D) The term "institution of higher education" has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107–347, title II, §211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109–364, div. A, title VIII, §833(a), Oct. 17, 2006, 120 Stat. 2332; Pub. L. 110–248, §2, June 26, 2008, 122 Stat. 2316; Pub. L. 111–263, §§2–4, Oct. 8, 2010, 124 Stat. 2787, 2788; Pub. L. 111–350, §5(l)(7), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 114–95, title IX, §9215(www), Dec. 10, 2015, 129 Stat. 2191.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 502(a) | 40:481(b)(1). | June 30, 1949, ch. 288, title II, §201(b), 63 Stat. 384; Sept. 5, 1950, ch. 849, §8(b), 64 Stat. 591; Pub. L. 103–355, title I, §1555, Oct. 13, 1994, 108 Stat. 3300; Pub. L. 105–61, title IV, §413, Oct. 10, 1997, 111 Stat. 1300. |
| 502(b) | 40:481(b)(2). |
In subsection (b)(2), the words "the authority of" in 40:481(b)(2)(B) are omitted as unnecessary. The words "Committee for Purchase From People Who Are Blind or Severely Disabled" are substituted for ["]Committee for Purchase from the Blind and Other Severely Handicapped" because of section 911(a) of the Rehabilitation Act Amendments of 1992 (Public Law 102–569, 106 Stat. 4486) and section 301 of the Rehabilitation Act Amendments of 1993 (Public Law 103–73, 107 Stat. 736).
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (c)(3)(B)(ii), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Section 7013 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(3)(C), is classified to section 7713 of Title 20, Education.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments
2015—Subsec. (c)(3)(C). Pub. L. 114–95 substituted "section 7013 of the Elementary and Secondary Education Act of 1965" for "section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)".
2011—Subsec. (b)(1)(A)(i). Pub. L. 111–350, §5(l)(7)(A), substituted "section 8501(7) of title 41" for "section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(3))".
Subsec. (b)(1)(A)(ii). Pub. L. 111–350, §5(l)(7)(B), substituted "disabled (as defined in section 8501(6) of title 41)" for "handicapped (as defined in section 5(4) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(4)))".
Subsec. (b)(1)(B). Pub. L. 111–350, §5(l)(7)(C), substituted "chapter 85 of title 41" for "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)".
Subsec. (b)(2). Pub. L. 111–350, §5(l)(7)(D), substituted "section 8503 of title 41" for "section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47)".
2010—Subsec. (d)(1). Pub. L. 111–263, §4, inserted ", to facilitate disaster preparedness or response," after "Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)".
Subsec. (e). Pub. L. 111–263, §2, added subsec. (e).
Subsec. (f). Pub. L. 111–263, §3, added subsec. (f).
2008—Subsec. (c)(1). Pub. L. 110–248 substituted "Administration for the following:" for "Administration for automated", inserted "(A) Automated" before "data processing", and added subpar. (B).
2006—Subsec. (d). Pub. L. 109–364 added subsec. (d).
2002—Subsec. (c). Pub. L. 107–347 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
Procedures
Pub. L. 109–364, div. A, title VIII, §833(b), Oct. 17, 2006, 120 Stat. 2332, provided that: "Not later than 30 days after the date of the enactment of this Act [Oct. 17, 2006], the Administrator of General Services shall establish procedures to implement subsection (d) of section 502 of title 40, United States Code (as added by subsection (a))."
Public Land Management Agency Foundations
Pub. L. 108–352, §9, Oct. 21, 2004, 118 Stat. 1396, provided that: "Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares."
§503. Exchange or sale of similar items
(a)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081; Pub. L. 111–350, §5(l)(8), Jan. 4, 2011, 124 Stat. 3851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 503 | 40:481(c). | June 30, 1949, ch. 288, title II, §201(c), 63 Stat. 384; Pub. L. 93–400, §15(2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100–612, §2, Nov. 5, 1988, 102 Stat. 3180. |
In subsection (a), the words "in such cases" are omitted as unnecessary.
In subsection (b)(1), the words "subject to regulations" are substituted for "subject to regulations and regulations" in section 201(c) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (Public Law 98–191, 97 Stat. 1331).
In subsection (b)(2), the words "the authority of" are omitted as unnecessary.
Editorial Notes
Amendments
2011—Subsec. (b)(1). Pub. L. 111–350, §5(l)(8)(A), substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
Subsec. (b)(3). Pub. L. 111–350, §5(l)(8)(B), substituted "
§504. Agency cooperation for inspection
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 504 | 40:481(d). | June 30, 1949, ch. 288, title II, §201(d), as added Pub. L. 85–781, Aug. 27, 1958, 72 Stat. 936. |
In subsection (b), the words "section 1301(a) of title 31" are substituted for "section 3678 of the Revised Statutes (31 U.S.C. 628)" in section 201(d) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
In subsection (c), the words "and methods" are added for consistency with section 501(b)(2) of the revised title.
§505. Exchange or transfer of medical supplies
(a)
(1)
(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)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 505 | 40:481(e). | June 30, 1949, ch. 288, title II, §201(e), as added Pub. L. 91–426, §1, Sept. 26, 1970, 84 Stat. 883. |
In subsection (a)(2), the words "holding such medical materials or supplies" and "provided for in the first sentence of this subsection" are omitted as unnecessary because of the reorganization of the revised section. The words "in sufficient time to allow for" are substituted for "at such times as to insure . . . in sufficient time" for clarity and to eliminate unnecessary words.
§506. Inventory controls and systems
(a)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(2)
(A)
(B)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1082; Pub. L. 111–350, §5(l)(9), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–419, §2(b), Jan. 3, 2019, 132 Stat. 5443.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 506 | 40:487. | June 30, 1949, ch. 288, title II, §206, 63 Stat. 390; July 12, 1952, ch. 703, §1(k), 66 Stat. 593; Pub. L. 93–400, §15(3), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. |
In subsection (a)(1)(B), the words "from time to time" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 206(a)(2) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (a)(1)(D), the words "Subject to regulations" are substituted for "subject to regulations and regulations" in section 206(a)(4) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (Public Law 98–191, 97 Stat. 1331).
In subsection (a)(2)(A), the words "Department of Defense" are substituted for "National Military Establishment" in section 206(a) of the Federal Property and Administrative Services Act of 1949 because the Department of Defense is deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591).
In subsection (c), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
Editorial Notes
Amendments
2019—Subsec. (a)(1)(E), (F). Pub. L. 115–419 added subpars. (E) and (F).
2011—Subsec. (a)(1)(D). Pub. L. 111–350 substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
SUBCHAPTER II—USE OF PROPERTY
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 521 | 40:483(a)(1) (1st sentence). | June 30, 1949, ch. 288, title II, §202(a)(1) (1st sentence), 63 Stat. 384; July 12, 1952, ch. 703, §1(f), 66 Stat. 593; Pub. L. 93–599, (1), Jan. 2, 1975, 88 Stat. 1954. |
The words "the provisions of" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Public Inventory of Guam Land Parcels for Transfer to Government of Guam
Pub. L. 115–232, div. B, title XXVIII, §2847, Aug. 13, 2018, 132 Stat. 2277, provided that:
"(a)
"(1)
"(A) The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.
"(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.
"(C) Under Federal law, including Public Law 106–504 (commonly known as the 'Guam Omnibus Opportunities Act'; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government.
"(2)
"(A) the approximate size of the parcel;
"(B) an estimate of the fair market value of the parcel, if available or as practicable;
"(C) the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and
"(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.
"(b)
"(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report.
"(2) The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.
"(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.
"(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.
"(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.
"(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.
"(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.
"(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.
"(9) The Hoover Park Annex (also known as 'Old USO Beach'; 6 acres), listed as Site 37 in the Report.
"(10) Parcel 'C' Marbo Cave Annex (5 acres), listed as Site 12 in the Report.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).
"(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.
"(3) A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).
"(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:
"(A) The approximate size of the parcel.
"(B) An estimate of the fair market value of the parcel, if available or as practicable.
"(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government.
"(D) The date the parcel was transferred to the territorial government.
"(f)
"(1) 2017
"(2)
"(3)
"(4)
Opportunity for the Government of Guam To Acquire Excess Real Property in Guam
Pub. L. 106–504, §1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109–163, div. A, title X, §1056(a)(6), Jan. 6, 2006, 119 Stat. 3439, provided that:
"(a)
"(2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act.
"(b)
"(2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy.
"(3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except section 2696 of title 10, United States Code, or section 501 of Public Law 100–77 (42 U.S.C. 11411).
"(c)
"(1) The term 'Administrator' means—
"(A) the Administrator of General Services; or
"(B) the head of any Federal agency with the authority to dispose of excess real property on Guam.
"(2) The term 'base closure law' has the meaning given such term in section 101(a)(17) of title 10, United States Code.
"(3) The term 'excess real property' means excess property (as that term is defined in section 3 of the Property Act [now 40 U.S.C. 102]) that is real property and was acquired by the United States prior to the enactment of this section [Nov. 13, 2000].
"(4) The term 'Guam National Wildlife Refuge' includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the 'Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993' to the extent that the Federal Government holds title to such lands.
"(5) The term 'public purpose' means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act [now 40 U.S.C. 541 et seq.], as implemented by the Federal Property Management Regulations (41 CFR 101–47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act (Public Law 103–339; 108 Stat. 3116), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis.
"(d)
"(1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard;
"(2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure:
"(A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property.
"(B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section.
"(C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition.
"(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section.
"(E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property;
"(3) to real property described in the Guam Excess Lands Act (Public Law 103–339; 108 Stat. 3116) which shall be disposed of in accordance with such Act;
"(4) to real property on Guam that is declared excess as a result of a base closure law; or
"(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility.
"(e)
"(f)
§522. Reimbursement for transfer of excess property
(a)
(b)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083; Pub. L. 109–284, §6(1), (2), Sept. 27, 2006, 120 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 522 | 40:483(a)(1) (last sentence). | June 30, 1949, ch. 288, title II, §202(a)(1) (last sentence), 63 Stat. 384; July 12, 1952, ch. 703, §1(f), 66 Stat. 593. |
In subsection (a), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (b)(1), the reference to "section 204(b)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 is translated as a reference to section 204(c) of the Act because subsection (b) was redesignated as (c) by the Act of August 31, 1954 (ch.1178, 68 Stat. 1051).
In subsection (b)(2)(A), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
In subsection (c), the word "at" is substituted for "as" (in the phrase "as [sic] prices set by the Administrator") to reflect the probable intent of Congress. See Senate Report No. 2075, dated July 2, 1952 (United States Code Congressional and Administrative News, 82nd Congress, 2d Session, 1952, Volume 2, p. 2123).
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–284, §6(1), struck out "of this section" after "subsections (b) and (c)".
Subsec. (b). Pub. L. 109–284, §6(2), substituted "at" for "At" in heading.
§523. Excess real property located on Indian reservations
(a)
(b)
(1)
(2)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 523 | 40:483(a)(2). | June 30, 1949, ch. 288, title II, §202(a)(2), as added Pub. L. 93–599, (2), Jan. 2, 1975, 88 Stat. 1954. |
§524. Duties of executive agencies
(a)
(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;
(5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator;
(6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property;
(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;
(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—
(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and
(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
(9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;
(10) assess leased space to identify space that is not fully used or occupied;
(11) on an annual basis and subject to the guidance of the Federal Real Property Council—
(A) conduct an inventory of real property under control of the executive agency; and
(B) make an assessment of each property, which shall include—
(i) the age and condition of the property;
(ii) the size of the property in square footage and acreage;
(iii) the geographical location of the property, including an address and description;
(iv) the extent to which the property is being utilized;
(v) the actual annual operating costs associated with the property;
(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;
(vii) sustainability metrics associated with the property;
(viii) the number of Federal employees and contractor employees and functions housed at the property;
(ix) the extent to which the mission of the executive agency is dependent on the property;
(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and
(xi) any additional information required by the Administrator of General Services to carry out section 623;
(12) provide to the Federal Real Property Council and the Administrator of General Services the information described in paragraph (11)(B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and
(13) in accordance with guidance from the Administrator of General Services—
(A) on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating—
(i) the age and condition of the personal property;
(ii) the extent to which the executive agency utilizes the personal property;
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and
(B) on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating—
(i) the age and condition of the personal property;
(ii) the extent to which the executive agency utilizes the personal property;
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
(b)
(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.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1084; Pub. L. 114–318, §6, Dec. 16, 2016, 130 Stat. 1615; Pub. L. 115–419, §2(a), Jan. 3, 2019, 132 Stat. 5442.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 524(a) | 40:483(b). | June 30, 1949, ch. 288, title II, §202(b), 63 Stat. 384. |
| 524(b) | 40:483(c). | June 30, 1949, ch. 288, title II, §202(c), 63 Stat. 384; July 12, 1952, ch. 703, §1(g), 66 Stat. 593. |
In clause (a)(2), the word "identify" is substituted for "determine which is" to eliminate unnecessary words.
In clause (b)(1), the words "determined to be" are omitted as unnecessary.
Editorial Notes
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(11)(B)(x), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.
Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (a)(12), is section 21 of Pub. L. 114–287, which is set out in a note under section 1303 of this title.
Amendments
2019—Subsec. (a)(13). Pub. L. 115–419 added par. (13).
2016—Subsec. (a)(6) to (12). Pub. L. 114–318, §6(a), added pars. (6) to (12).
Subsec. (c). Pub. L. 114–318, §6(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
OMB Report
Pub. L. 109–396, title IV, §408, Dec. 15, 2006, 120 Stat. 2720, provided that the Director of the Office of Management and Budget was to submit, not later than 6 months after Dec. 15, 2006, a report on surplus and excess government property to Congress and, by such date, to develop, implement, and report to Congress on procedures requiring Federal agencies to share data on surplus and excess Federal real property under the jurisdiction of each agency.
§525. Excess personal property for federal agency grantees
(a)
(b)
(1)
(A) the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision;
(B) the property is to be furnished for use in connection with the grant; and
(C)(i) the sponsoring federal agency pays an amount equal to 25 percent of the original acquisition cost (except for costs of care and handling) of the excess property; and
(ii) the amount is deposited in the Treasury as miscellaneous receipts.
(2)
(c)
(1)
(2)
(A) a state 1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.);
(B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or
(C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains title.
(d)
(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)).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1084.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 525(a) | 40:483(d) (words before par. (1)). | June 30, 1949, ch. 288, title II, §202(d), as added Pub. L. 94–519, §3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97–98, title XIV, §1443, Dec. 22, 1981, 95 Stat. 1321. |
| 525(b) | 40:483(d)(1). | |
| 525(c) | 40:483(d)(2)(E). | |
| 525(d) | 40:483(d)(2)(A)–(D). |
In subsection (b)(1), before cl. (A), the words "institution or" are omitted as unnecessary. In clause (A), the words "termination provision" are substituted for "termination made" for clarity.
In subsection (b)(2), the words "The grantee shall account for and dispose of" are substituted for "and shall be accounted for and disposed of" for clarity.
In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary.
In subsection (c)(1), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
In subsection (d)(1), the words "to the extent" are substituted for "where and to the extent" to eliminate unnecessary words. The words "to be furnished under such Act" are omitted as unnecessary.
In subsection (d)(4), the words "Indian Financing Act of 1974" are substituted for "Indian Financing Act" in section 202(d)(2)(D) of the Federal Property and Administrative Services Act of 1949 to execute the probable intent of Congress. The word "tribe" is substituted for "Indian tribes" for consistency with 25:1452(c).
Editorial Notes
References in Text
The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79, 38 Stat. 372, which is classified generally to subchapter IV (§341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 341 of Title 7 and Tables.
The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 361a of Title 7 and Tables.
Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in subsec. (c)(2)(C), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.
1 So in original. Probably should be capitalized.
§526. Temporary assignment of excess real property
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1085.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 526 | 40:483(g). | June 30, 1949, ch. 288, title II, §202(g), 63 Stat. 385. |
In subsection (a), the words "for use as office or storage space or for a related purpose" are substituted for "for office, storage, or related facilities" for clarity.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 527 | 40:483(h). | June 30, 1949, ch. 288, title II, §202(h), 63 Stat. 385. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 528 | 40:483b. | Aug. 7, 1953, ch. 340, §1316, 67 Stat. 439. |
The words "Notwithstanding the provisions of any other law" are omitted as unnecessary. The words "may not use funds provided by law to purchase furniture" are substituted for "no funds shall be available in this or any other Act for the purchase of furniture" for clarity and to eliminate unnecessary words.
§529. Annual executive agency reports on excess personal property
(a)
(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)
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.
(c)
(1) the complete data provided in each report in a user-friendly format;
(2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and
(3) any other recommendations from the Administrator.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086; Pub. L. 118–99, §2(a)(1), (e)(1), Oct. 1, 2024, 138 Stat. 1578, 1579.)
Amendment of Section
Pub. L. 118–99, §2(e)(1), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is amended:
(1) in subsection (a), in the matter preceding paragraph (1), by striking "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives"; and
(2) by striking subsection (c).
See 2024 Amendment notes below.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 529 | 40:483(e). | June 30, 1949, ch. 288, title II, §202(e), as added Pub. L. 94–519, §3, Oct. 17, 1976, 90 Stat. 2454. |
In subsection (a)(2), the words "in any manner whatsoever" are omitted as unnecessary.
In subsection (b), the words "set out the categories of equipment" are substituted for "showing . . . categories of equipment" to clarify the required form and content of the report. The words "The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 173 of House Document No. 103–7.
Editorial Notes
Amendments
2024—Subsec. (a). Pub. L. 118–99, §2(e)(1)(A), struck out "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives" after "Administrator of General Services" in introductory provisions.
Pub. L. 118–99, §2(a)(1)(A), inserted "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives" after "Administrator of General Services" in introductory provisions.
Subsec. (c). Pub. L. 118–99, §2(e)(1)(B), struck out subsec. (c) which related to compilation of data in the reports submitted under subsection (a).
Subsec. (c). Pub. L. 118–99, §2(a)(1)(B), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(1) is effective on the date that is 5 years after Oct. 1, 2024.
1 So in original. The word "and" probably should appear.
§530. Internal guidance on excess personal property
(a)
(1) a requirement to consider excess personal property before buying new;
(2) when it is practicable to check for and obtain excess personal property;
(3) how to evaluate the suitability of excess personal property for use; and
(4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.
(b)
(Pub. L. 118–99, §2(a)(2), (e)(2), Oct. 1, 2024, 138 Stat. 1578, 1579.)
Repeal of Section
Pub. L. 118–99, §2(e)(2), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is repealed.
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–99, which was approved Oct. 1, 2024.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the repeal of this section by section 2(e)(2) is effective on the date that is 5 years after Oct. 1, 2024.
SUBCHAPTER III—DISPOSING OF PROPERTY
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 541 | 40:484(a). | June 30, 1949, ch. 288, title II, §203(a), 63 Stat. 385. |
The words "shall supervise and direct the disposition of surplus property in accordance with this subtitle" are substituted for "shall have supervision and direction over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be prescribed in or pursuant to this Act" for clarity and to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Transferred Properties; Requests Prior to November 30, 1983
Pub. L. 98–181, title I [title I, §126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that:
"(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this Act [Nov. 30, 1983], either Secretary had requested the Administrator of General Services to transfer such property for such disposition.
"(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b)] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2)."
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 542 | 40:484(b). | June 30, 1949, ch. 288, title II, §203(b), 63 Stat. 385. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 543 | 40:484(c). | June 30, 1949, ch. 288, title II, §203(c), 63 Stat. 385. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 544 | 40:484(d). | June 30, 1949, ch. 288, title II, §203(d), 63 Stat. 385. |
§545. Procedure for disposal
(a)
(1)
(A)
(B)
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a contract broker.
(2)
(3)
(4)
(b)
(1) necessary in the public interest—
(A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or
(B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;
(2) the public health, safety, or national security will be promoted by a particular disposal of personal property;
(3) public exigency will not allow delay incident to advertising certain personal property;
(4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;
(5) the estimated fair market value of the property involved does not exceed $15,000;
(6) after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition;
(7) with respect to real property, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;
(8) the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or
(9) otherwise authorized by law.
(c)
(d)
(1)
(2)
(e)
(1)
(A)
(i) personal property that has an estimated fair market value in excess of $15,000;
(ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)–(v) of this subparagraph;
(iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year;
(iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or
(v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property.
(B)
(2)
(3)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087; Pub. L. 111–350, §5(l)(10), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 545 | 40:484(e). | June 30, 1949, ch. 288, title II, §203(e), 63 Stat. 386; July 12, 1952, ch. 703, §1(i), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85–486, July 2, 1958, 72 Stat. 288; Pub. L. 100–612, §§3, 4, Nov. 5, 1988, 102 Stat. 3180. |
In subsection (e)(3), the words "A report" are substituted for "the annual report" for consistency in the revised title. See the revision note under section 126 of this title.
Editorial Notes
Amendments
2011—Subsec. (f). Pub. L. 111–350 substituted "Section 6101(b)–(d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".
Statutory Notes and Related Subsidiaries
Disposal of Surplus Property to Local Governments and Nonprofit Institutions
Act Oct. 3, 1944, ch. 479, §13, 58 Stat. 770; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §5, 60 Stat. 169; 1947 Reorg. Plan No. 1, §501, eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June 10, 1948, ch. 433, §§1, 2, 62 Stat. 350; June 29, 1948, ch. 727, 62 Stat. 1103; June 30, 1949, ch. 288, title I, §105, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 381, 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; amended Oct. 1, 1949, ch. 589, §§1, 5, 63 Stat. 701; Pub. L. 85–726, title XIV, §1402(c), Aug. 23, 1958, 72 Stat. 807; Pub. L. 87–90, July 20, 1961, 75 Stat. 211; Pub. L. 91–258, title I, §52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L. 91–485, §5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, §2, Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, §524(c), Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, provided that:
"(a) to (c) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.]
"(d) Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former 50 U.S.C. App. 1611 et seq.] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former 50 U.S.C. App. 1621] or this section, unless specifically authorized by Act of Congress.
"(e), (f) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.]
"(g) [Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]"
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1089.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 546 | 40:484(f). | June 30, 1949, ch. 288, title II, §203(f), 63 Stat. 386. |
§547. Agricultural commodities, foods, and cotton or woolen goods
(a)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1089.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 547(a) | 40:484(g). | June 30, 1949, ch. 288, title II, §203(g), (h), 63 Stat. 386. |
| 547(b) | 40:484(h). |
§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 part F of subtitle V of title 46 and other laws authorizing the sale of such vessels.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109–304, §17(g)(1), Oct. 6, 2006, 120 Stat. 1708.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 548 | 40:484(i). | June 30, 1949, ch. 288, title II, §203(i), 63 Stat. 386; Pub. L. 97–31, §12(15), Aug. 6, 1981, 95 Stat. 154. |
Editorial Notes
Amendments
2006—Pub. L. 109–304 substituted "part F of subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),".
§549. Donation of personal property through state agencies
(a)
(1)
(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)
(3)
(b)
(1)
(2)
(A)
(i) is under the control of an executive agency; and
(ii) has been determined to be surplus property.
(B)
(3)
(c)
(1)
(2)
(3)
(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;
(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, and, for purposes of determining whether a museum is attended by the public, the Administrator shall consider a museum to be public if the nonprofit educational or public health institution or organization, at minimum, accedes to any request submitted for access during business hours;
(viii) a library serving free all residents of a community, district, State, or region; or
(ix) a historic light station as defined under section 305101(4) of title 54, including a historic light station conveyed under section 305103 of title 54, notwithstanding the number of hours that the historic light station is open to the public; or
(C) for purposes of providing services to veterans (as defined in section 101 of title 38), to an organization whose—
(i) membership comprises substantially veterans; and
(ii) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38.
(4)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(A)
(B)
(C)
(3)
(A)
(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)
(C)
(D)
(E)
(F)
(G)
(i)
(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)
(H)
(i)
(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)
(f)
(1)
(A) the Administrator;
(B) the Secretary of Education, for property transferred under section 550(c) of this title;
(C) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title; or
(D) the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services.
(2)
(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)
(4)
(A)
(B)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109–313, §5, Oct. 6, 2006, 120 Stat. 1737; Pub. L. 111–338, §2, Dec. 22, 2010, 124 Stat. 3590; Pub. L. 113–26, §2, Aug. 9, 2013, 127 Stat. 502; Pub. L. 113–287, §5(j)(1), Dec. 19, 2014, 128 Stat. 3269; Pub. L. 114–287, §23, Dec. 16, 2016, 130 Stat. 1479.)
In subsection (a)(2), the words "the Northern Mariana Islands" are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48:1801 note).
In subsection (d), the words "Secretary of Defense" are substituted for "National Military Establishment" [subsequently changed to "Department of Defense" because of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)] because of 10:113(a).
In subsection (e)(2)(B), the words "In the event that a State legislature has not developed, according to State law, a State plan within two hundred and seventy calendar days after October 17, 1976, the chief executive officer of the State shall approve, and submit to the Administrator, a temporary State plan" are omitted as obsolete.
In subsection (f)(1)(B)–(D) and (4)(B), the words "Secretary of Education" and "Secretary of Health and Human Services" are substituted for "Secretary of Health, Education, and Welfare" because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)).
Editorial Notes
Amendments
2016—Subsec. (c)(3)(B)(vii). Pub. L. 114–287 amended cl. (vii) generally. Prior to amendment, cl. (vii) read as follows: "a museum attended by the public;".
2014—Subsec. (c)(3)(B)(ix). Pub. L. 113–287 substituted "section 305101(4) of title 54" for "section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7(e)(2))" and "section 305103 of title 54" for "subsection (b) of that section".
2013—Subsec. (c)(3)(B)(viii), (x). Pub. L. 113–26, §2(2), inserted "or" at end of cl. (viii) and struck out cl. (x) which read as follows: "an organization whose—
"(I) membership comprises substantially veterans (as defined under section 101 of title 38); and
"(II) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38."
Subsec. (c)(3)(C). Pub. L. 113–26, §2(1), (3), added subpar. (C).
2010—Subsec. (c)(3)(B)(x). Pub. L. 111–338 added cl. (x).
2006—Subsec. (c)(3)(B)(ix). Pub. L. 109–313 added cl. (ix).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Executive Documents
Ex. Ord. No. 12999. Educational Technology: Ensuring Opportunity for All Children in the Next Century
Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, provided:
In order to ensure that American children have the skills they need to succeed in the information-intensive 21st century, the Federal Government is committed to working with the private sector to promote four major developments in American education: making modern computer technology an integral part of every classroom; providing teachers with the professional development they need to use new technologies effectively; connecting classrooms to the National Information Infrastructure; and encouraging the creation of excellent educational software. This Executive order streamlines the transfer of excess and surplus Federal computer equipment to our Nation's classrooms and encourages Federal employees to volunteer their time and expertise to assist teachers and to connect classrooms.
Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the provisions of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3701 et seq.), the Federal Property and Administrative Services Act of 1949, ch. 288, 63 Stat. 377 [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts], and the National Defense Authorization Act for Fiscal Year 1996, Public Law 104–106 [see Tables for classification], it is hereby ordered as follows:
(b) Agencies shall attempt to give particular preference to schools and nonprofit organizations located in the Federal enterprise communities and empowerment zones established in the Omnibus Reconciliation Act of 1993, Public Law 103–66 [see 26 U.S.C. 1391 et seq.].
(c) Each agency shall, to the extent permitted by law and where appropriate, identify educationally useful Federal equipment that it no longer needs and transfer it to a school or nonprofit organization by:
(1) conveying research equipment directly to the school or organization pursuant to 15 U.S.C. 3710(i); or
(2) reporting excess equipment to the General Services Administration (GSA) for donation when declared surplus in accordance with section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 484(j) [now 40 U.S.C. 549]. Agencies shall report such equipment as far as possible in advance of the date the equipment becomes excess, so that GSA may attempt to arrange direct transfers from the donating agency to recipients eligible under this order.
(d) In transfers made pursuant to paragraph (c)(1) of this section, title shall transfer directly from the agency to the schools or nonprofit organizations as required by 15 U.S.C. 3710(i). All such transfers shall be reported to the GSA. At the direction of the recipient institution or organization, and if appropriate, transferred equipment may be conveyed initially to a nonprofit reuse or recycling program that will upgrade it before transfer to the school or nonprofit organization holding title.
(e) All transfers to schools or nonprofit organizations, whether made directly or through GSA, shall be made at the lowest cost to the school or nonprofit organization permitted by law.
(f) The availability of educationally useful Federal equipment shall be made known to eligible recipients under this order by all practicable means, including newspaper, community announcements, and the Internet.
(g) The regional Federal Executive Boards shall help facilitate the transfer of educationally useful Federal equipment from the agencies they represent to recipients eligible under this order.
(1) help connect America's classrooms to the National Information Infrastructure;
(2) assist teachers in learning to use computers to teach; and
(3) provide ongoing maintenance of and technical support for the educationally useful Federal equipment transferred pursuant to this order.
(b) Each agency described in subsection (a) shall submit to the Office of Science and Technology Policy, within 6 months of the date of this order, an implementation plan to advance the developments described in this order, particularly those required in this section. The plan shall be consistent with approved agency budget totals and shall be coordinated through the Office of Science and Technology Policy.
(c) Nothing in this order shall be interpreted to bar a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, student, employee, or other designated person in furtherance of educational goals.
(b) "Community-based educational organizations" means nonprofit entities that are engaged in collaborative projects with schools or that have education as their primary focus. Such organizations shall qualify as nonprofit educational institutions or organizations for purposes of section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended [now 40 U.S.C. 549].
(c) "Educationally useful Federal equipment" means computers and related peripheral tools (e.g., printers, modems, routers, and servers), including telecommunications and research equipment, that are appropriate for use in prekindergarten, elementary, middle, or secondary school education. It shall also include computer software, where the transfer of licenses is permitted.
(d) "Nonprofit reuse or recycling program" means a 501(c) organization able to upgrade computer equipment at no or low cost to the school or nonprofit organization taking title to it.
(e) "Federal Executive Boards," as defined in 5 C.F.R. Part 960, are regional organizations of each Federal agency's highest local officials.
William J. Clinton.
§549a. Donation of personal property through nonprofit refurbishers
(a)
(b)
(1)
(A) the surplus computer or technology equipment is repairable; and
(B) the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Special Publication 800–88), or any successor thereto.
(2)
(3)
(A) make necessary repairs to restore the surplus computer or technology equipment to working order;
(B) distribute the repaired surplus computer or technology equipment to eligible recipients at no cost, except to the extent—
(i) necessary to facilitate shipping and handling of such equipment; and
(ii) that such cost is consistent with any regulations promulgated by the Administrator under subsection (d);
(C) offer training programs on the use of the repaired computers and technology equipment for the recipients of the equipment; and
(D) use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.
(c)
(1)
(A) including information about the distribution of such equipment; and
(B) which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran for the purposes of eligibility under this section.
(2)
(A) a description of the efforts of the Administrator under this section;
(B) a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2);
(C) a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and
(D) a list of donated and subsequently repaired surplus computer or technology equipment identifying—
(i) the Federal agency that donated the surplus computer or technology equipment;
(ii) the State and county (or similar unit of local government) where the recipient is located; and
(iii) whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran.
(3)
(d)
(1) allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equipment to facilitate shipping and handling of the surplus computer or technology equipment;
(2) determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States;
(3) establishing an efficient process for identifying eligible recipients; and
(4) determining appropriate recyclers to dispose of surplus computer or technology equipment if it cannot be repaired or refurbished under this section.
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(A) any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education;
(B) in the case of an accredited institution of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and
(C) a home school (whether treated as a home school or private school for the purposes of applicable State law).
(5)
(6)
(7)
(8)
(A) are not part of a Federal, State, local, Tribal, or territorial government; and
(B) are nonprofit computer refurbishers or other industry participants that—
(i) primarily work to improve access to information and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and
(ii) operate in the United States.
(9)
(A) primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and
(B) operates in the United States.
(10)
(11)
(12)
(13)
(14)
(A) restricts the ability of the senior to perform normal daily tasks; or
(B) threatens the capacity of the senior to live independently.
(15)
(16)
(17)
(18)
(19)
(Added Pub. L. 117–328, div. Z, §103(a), Dec. 29, 2022, 136 Stat. 5524.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (g)(10), is classified to section 501 of Title 26, Internal Revenue Code.
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 117–328, div. Z, §102, Dec. 29, 2022, 136 Stat. 5523, provided that: "Congress finds the following:
"(1) Access to computers and computer technology is indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens.
"(2) The COVID–19 pandemic has highlighted the gap between those with computer access and those without. Millions of students, their families, and workers from across the economy were unable to do schoolwork, work remotely from home, or connect to loved ones and their communities because of the digital divide.
"(3) Any Federal program that distributes surplus, repairable Federal computers or technology equipment would benefit from a partnership with a nonprofit organization whose mission is bridging the digital divide."
§550. Disposal of real property for certain purposes
(a)
(b)
(1)
(2)
(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)
(1)
(2)
(3)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(3)
(4)
(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)
(1)
(2)
(3)
(A)
(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)
(4)
(A)
(B)
(g)
(1)
(2)
(3)
(h)
(1)
(A)
(B)
(2)
(A)
(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)
(C)
(3)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1094; Pub. L. 113–287, §5(j)(2), Dec. 19, 2014, 128 Stat. 3269.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 550(a) | 40:484(k)(1)(D). | June 30, 1949, ch. 288, title II, §203(k), 63 Stat. 387; July 12, 1952, ch. 703, §1(j), 66 Stat. 593; June 3, 1955, ch. 130, §6(a), (c), 69 Stat. 84, 85; July 3, 1956, ch. 513, §2, 70 Stat. 494; Pub. L. 91–485, §2, Oct. 22, 1970, 84 Stat. 1084; Pub. L. 92–362, §1, Aug. 4, 1972, 86 Stat. 503; Pub. L. 94–519, §1(2), Oct. 17, 1976, 90 Stat. 2453; Pub. L. 103–82, title II, §202(f), Sept. 21, 1993, 107 Stat. 888; Pub. L. 105–50, §2, Oct. 6, 1997, 111 Stat. 1167. |
| 550(b) | 40:484(k)(4). | |
| 550(c) | 40:484(k)(1) (matter before (A) related to education), (A), (C) (related to education). | |
| 550(d) | 40:484(k)(1) (matter before (A) related to public health), (B), (C) (related to public health). | |
| 550(e) | 40:484(k)(2). | |
| 550(f) | 40:484(k)(6). | |
| 550(g) | 40:484(k)(5). | |
| 550(h) | 40:484(k)(3). |
In subsections (b)(2), (c), and (d), the words "Secretary of Education" and "Secretary of Health and Human Services" are substituted for "Secretary of Health, Education, and Welfare", as appropriate, because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)).
In subsection (b)(2), the words "the Surplus Property Act of 1944, as amended", and the text of 40:484(k)(4)(D), are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
In subsection (e), the definition of "States" is omitted as unnecessary because of 40:484(k)(1)(D), restated in subsection (a).
In subsection (e)(4), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(2)(C), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(2). In the revised section, the reference to 40:484(k)(2) is translated as "this subsection" to reflect the restatement of 40:484(k)(2) as subsection (e) of the revised section.
In subsection (h), the definition of "States", is omitted as unnecessary because of 40:484(k)(1)(D), restated in subsection (a).
In subsection (h)(1)(B), the words "National Park System Advisory Board" are substituted for "Advisory Board on National Parks, Historic Sites, Buildings and Monuments" because of the amendment of 16:463 by section 9 of the Act of August 18, 1970 (Public Law 91–383), as added by section 2 of the Act of October 7, 1976 (Public Law 94–458, 90 Stat. 1940).
In subsection (h)(2)(A), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(3)(A), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is translated as "this subsection" to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section. The words "or the Surplus Property Act of 1944, as amended" are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
In subsection (h)(3), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(3)(B), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is translated as "this subsection" to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section.
Editorial Notes
References in Text
The National and Community Service Act of 1990, referred to in subsec.(g)(2), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.
Amendments
2014—Subsec. (h)(1)(B). Pub. L. 113–287, §5(j)(2), substituted "section 102303 of title 54" for "section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act)".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 551 | 40:484(l). | June 30, 1949, ch. 288, title II, §203(l), as added Aug. 1, 1955, ch. 442, 69 Stat. 430. |
§552. Abandoned or unclaimed property on Government premises
(a)
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109–284, §6(3), Sept. 27, 2006, 120 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 552 | 40:484(m). | June 30, 1949, ch. 288, title II, §203(m), formerly §203(l), 63 Stat. 388; redesignated §203(m), Aug. 1, 1955, ch. 442, 69 Stat. 430. |
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–284 substituted "(a)
§553. Property for correctional facility, law enforcement, and emergency management response purposes
(a)
(b)
(1) the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved by the Attorney General for the care or rehabilitation of criminal offenders;
(2) the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or
(3) the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.
(c)
(d)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 553 | 40:484(p). | June 30, 1949, ch. 288, title II, §203(p), as added Pub. L. 98–473, title II, §701, Oct. 12, 1984, 98 Stat. 2129; Pub. L. 105–119, title I, §118, Nov. 26, 1997, 111 Stat. 2468; Pub. L. 106–113, §1000(a)(5) [§233(a)], Nov. 29, 1999, 113 Stat. 1501A–301; Pub. L. 106–168, title III, §301, Dec. 12, 1999, 113 Stat. 1821; Pub. L. 106–398, §1 [§2814], Oct. 30, 2000, 114 Stat. 1654A–419. |
In subsection (a), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is omitted as executed and obsolete.
Editorial Notes
References in Text
The "Administrator", referred to in subsecs. (d)(2) and (e), is the Administrator of General Services.
Statutory Notes and Related Subsidiaries
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (b)(3) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§554. Property for development or operation of a port facility
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(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)
(e)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1100; Pub. L. 109–163, div. A, title X, §1056(a)(5)(A), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109–284, §6(4), Sept. 27, 2006, 120 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 554 | 40:484(q). | June 30, 1949, ch. 288, title II, §203(q), as added Pub. L. 103–160, div. B, title XXIX, §2927(2), Nov. 30, 1993, 107 Stat. 1933. |
In subsection (a), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
Editorial Notes
Amendments
2006—Subsec. (a)(1). Pub. L. 109–163 substituted "has the meaning given that term in section 101(a)(17) of title 10." for "means the following:
"(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
"(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
"(C) Section 2687 of title 10."
Subsec. (c). Pub. L. 109–284 substituted "
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 555 | 40:484(r). | June 30, 1949, ch. 288, title II, §203(r), as added Pub. L. 105–27, §1, July 18, 1997, 111 Stat. 244. |
§556. Disposal of dredge vessels
(a)
(b)
(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)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 556 | 40:483d. | Pub. L. 99–662, title IX, §945, Nov. 17, 1986, 100 Stat. 4200. |
In subsection (a), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity. The words "Secretary of the Army" are substituted for "Secretary" because of section 2 of the Water Resources Development Act of 1986 (33:2201).
In subsection (d), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity.
1 So in original. Probably should be "Appropriations".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 557 | 40:484–1. | Feb. 25, 1903, ch. 755, §1 (7th par. on p. 865), 32 Stat. 865; Oct. 31, 1951, ch. 654, §2(1), 65 Stat. 706. |
§558. Donation of forfeited vessels
(a)
(b)
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 558 | 40:484d. | Pub. L. 99–640, §13(a)–(c), Nov. 10, 1986, 100 Stat. 3551. |
In subsection (b), the words "all of" are inserted for clarity.
§559. Advice of Attorney General with respect to antitrust law
(a)
(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)
(1)
(2)
(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)
(1)
(2)
(d)
(e)
(1) give advice required by this section; or
(2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law.
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 559 | 40:488. | June 30, 1949, ch. 288, title II, §207, 63 Stat. 391; Pub. L. 85–680, Aug. 19, 1958, 72 Stat. 631; Pub. L. 100–612, §7, Nov. 5, 1988, 102 Stat. 3182. |
In subsection (e), the words "the head of an executive agency" are substituted for "the Administrator or any other executive agency", the words "or cause to be furnished" are omitted, and the words "information the agency possesses" are substituted for "such information as the Administrator or such other executive agency may possess", to eliminate unnecessary words.
Editorial Notes
References in Text
The Sherman Act, referred to in subsec. (a)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
§571. General rules for deposit and use of proceeds
(a)
(1)
(2)
(A) transfer of excess property to a federal agency for agency use; or
(B) sale, lease, or other disposition of surplus property.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1104; Pub. L. 114–287, §20(a), Dec. 16, 2016, 130 Stat. 1477; Pub. L. 114–318, §7(c)(1), Dec. 16, 2016, 130 Stat. 1616.)
Amendment of Section
Pub. L. 114–287, §20, Dec. 16, 2016, 130 Stat. 1477, which Act is set out as a note under section 1303 of this title, provided that, effective upon the termination of the Public Buildings Reform Board pursuant to section 10 of Pub. L. 114–287 and not applicable to proceeds from transactions conducted under section 14 of Pub. L. 114–287, this section is amended by striking subsections (a) and (b) and inserting the following:
(a)
(1)
(2)
(3)
(b)
(c)
(1) transfer of excess real property to a Federal agency for agency use; or
(2) sale, lease, or other disposition of surplus real property.
Pub. L. 114–318, §7(c), Dec. 16, 2016, 130 Stat. 1616, provided that, effective as if enacted as part of Pub. L. 114–287, this section is amended by adding at the end the following:
(d)
See 2016 Amendment notes below.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 571(a) | 40:485(a). | June 30, 1949, ch. 288, title II, §204(a), 63 Stat. 388; Pub. L. 101–510, div. B, title XXVIII, §2805(1), Nov. 5, 1990, 104 Stat. 1786. |
| 571(b) | 40:485a. | June 8, 1896, ch. 373, 29 Stat. 268; Oct. 31, 1951, ch. 654, §2(20), 65 Stat. 707; Pub. L. 104–316, title I, §120(a), Oct. 19, 1996, 110 Stat. 3836. |
In subsection (b), the words "whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law" are substituted for "either as miscellaneous receipts on account of 'proceeds of Government property' or to the credit of the appropriations to which such proceeds are by law authorized to be made . . . either as miscellaneous receipts or to the credit of such appropriations, as the case may be" to eliminate unnecessary words.
Editorial Notes
Amendments
2016—Subsecs. (a) to (c). Pub. L. 114–287 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to deposit in the Treasury as miscellaneous receipts of net proceeds from transfer or other disposition of surplus property and payment of expenses of sale before deposit.
Subsec. (d). Pub. L. 114–318 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–318, §7(c)(2), Dec. 16, 2016, 130 Stat. 1617, provided that: "The amendments made by this subsection [amending this section] shall take effect as if enacted as part of the applicable Act [Pub. L. 114–287]."
Pub. L. 114–318, §7(e), Dec. 16, 2016, 130 Stat. 1617, provided that: "Except as provided in subsection (c)(2) [set out above], this section [amending this section and provisions set out as a note under section 1303 of this title] and the amendments made by this section shall take effect immediately after the enactment of the applicable Act [Pub. L. 114–287]."
Amendment by Pub. L. 114–287 effective upon the termination of the Public Buildings Reform Board pursuant to section 10 of Pub. L. 114–287 and not applicable to proceeds from transactions conducted under section 14 of Pub. L. 114–287, see section 20(b) of Pub. L. 114–287, set out in a note under section 1303 of this title.
§572. Real property
(a)
(1)
(2)
(A)
(i) Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions.
(ii) Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation.
(iii) Advertising and surveying.
(B)
(i)
(ii)
(C)
(3)
(4)
(b)
(1)
(A)
(B)
(2)
(A)
(B)
(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)
(4)
(5)
(A)
(B)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1105; Pub. L. 108–447, div. H, title IV, §408, Dec. 8, 2004, 118 Stat. 3258; Pub. L. 109–13, div. A, title VI, §6068, May 11, 2005, 119 Stat. 299; Pub. L. 109–163, div. A, title X, §1056(a)(5)(B), Jan. 6, 2006, 119 Stat. 3439.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 572(a) | 40:485(b). | June 30, 1949, ch. 288, title II, §204(b), as added Aug. 31, 1954, ch. 1178, §1(b), 68 Stat. 1051; Pub. L. 86–215, Sept. 1, 1959, 73 Stat. 446; Pub. L. 100–612, §6, Nov. 5, 1988, 102 Stat. 3181; Pub. L. 101–510, div. B, title XXVIII, §2805(2), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 107–107, §2812, Dec. 28, 2001, 115 Stat. 1307. |
| 572(b) | 40:485(h). | June 30, 1949, ch. 288, title II, §204(h), as added Pub. L. 101–510, div. B, title XXVIII, §2805(3), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 104–106, div. A, title XV, §1502(f)(7), div. B, title XXVIII, §2818(b), Feb. 10, 1996, 110 Stat. 510, 555; Pub. L. 106–65, title X, §1067(18), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107–107, §2812, Dec. 28, 2001, 115 Stat. 1307. |
In subsection (b)(4), the words "section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g))" are omitted because 50 App.:1622(g) has been repealed.
Editorial Notes
References in Text
Section 2687(e)(1) of title 10, referred to in subsec. (b)(1)(A), was redesignated as section 2687(g)(1) by Pub. L. 112–239, div. B, title XXVII, §2712(a)(1), Jan. 2, 2013, 126 Stat. 2144.
Amendments
2006—Subsec. (b)(1)(B). Pub. L. 109–163 substituted "section 101(a)(17) of title 10" for "section 2667(h)(2) of title 10".
2005—Subsec. (a)(2)(A)(ii). Pub. L. 109–13 made technical correction to directory language of Pub. L. 108–447, §408. See 2004 Amendment note below.
2004—Subsec. (a)(2)(A)(ii). Pub. L. 108–447, §408, as amended by Pub. L. 109–13, inserted ", highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation" before period at end.
1 See References in Text note below.
§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 Acquisition Services Fund established under section 321(a) of this title. From the amounts deposited, the Administrator may pay direct costs and reasonably related indirect costs incurred in conducting sales of personal property. At least once each year, amounts retained that are not needed to pay the direct and indirect costs shall be transferred from the Acquisition Services Fund to the general fund or another appropriate account in the Treasury.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1107; Pub. L. 109–313, §3(h)(4), Oct. 6, 2006, 120 Stat. 1736.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 573 | 40:485(i). | June 30, 1949, ch. 288, title II, §204(i), as added Pub. L. 103–123, title IV, §7, Oct. 28, 1993, 107 Stat. 1247. |
Editorial Notes
Amendments
2006—Pub. L. 109–313 substituted "Acquisition Services Fund" for "General Supply Fund" in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
§574. Other rules regarding proceeds
(a)
(1)
(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)
(A) credited to the applicable reimbursable fund or appropriation; or
(B) paid to the federal agency that determined the property to be excess.
(3)
(4)
(b)
(1)
(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and
(B) payments for breach of warranty.
(2)
(c)
(d)
(e)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1107.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 574(a) | 40:485(c). | June 30, 1949, ch. 288, title II, §204(c)–(g), formerly §204(b)–(f), 63 Stat. 389; redesignated §204(c)–(g), Aug. 31, 1954, ch. 1178, §1(a), 68 Stat. 1051; Pub. L. 96–41, §3(d), July 30, 1979, 93 Stat. 325. |
| 574(b) | 40:485(d). | |
| 574(c) | 40:485(e). | |
| 574(d) | 40:485(f). | |
| 574(e) | 40:485(g). |
In subsection (b)(1), the words "in the Treasury" are substituted for "with the Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as 31:321.
In subsection (e), the words "or by War Assets Administration (or its predecessor agencies) under the Surplus Property Act of 1944" are omitted because the War Assets Administration was abolished and its functions were transferred to the General Services Administration by section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381).
Executive Documents
Delegation of Functions
Functions of President under subsec. (f) of section 485 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, set out as a note under section 98 of Title 50, War and National Defense.
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES
§581. General authority of Administrator of General Services
[(a) Repealed. Pub. L. 107–296, title XVII, §1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.]
(b)
(1) employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and
(2) purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing.
(c)
(1)
(2)
(3)
(4)
(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)
(6)
(d)
(1)
(2)
(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)
(e)
(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)
(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 4881 of title 10; or
(B) surplus real property; and
(2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of the Administration.
(g)
(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)
(1)
(2)
(3)
(4)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107–296, title XVII, §1706(a), Nov. 25, 2002, 116 Stat. 2316; Pub. L. 109–284, §6(5), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 117–81, div. A, title XVII, §1702(g)(2), Dec. 27, 2021, 135 Stat. 2158.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 581 | 40:490(a). | June 30, 1949, ch. 288, title II, §210(a), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 580; Pub. L. 85–886, §1, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 89–276, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 90–626, Oct. 22, 1968, 82 Stat. 1319; Pub. L. 94–541, title I, §104(a), Oct. 18, 1976, 90 Stat. 2506; Pub. L. 104–201, title VIII, §823, Sept. 23, 1996, 110 Stat. 2609; Pub. L. 104–316, title I, §120(b), Oct. 19, 1996, 110 Stat. 3836. |
In this section, 40:490(a)(7) is omitted as obsolete because the pneumatic tube system referred to in the provision is no longer used or maintained and 40:490(a)(9) is omitted as obsolete because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
In subsection (c)(3) and (4), the words "without regard to the provisions of section 278a of this title" and "which on June 30, 1950, was specifically exempted by law from the requirements of said section" (in 40:490(a)(5)), and the words "without regard to the 25 per centum limitation of section 278a of this title" and "without reference to such limitation" (in 40:490(a)(8)), respectively, are omitted as obsolete because 40:278a was repealed by section 7 of the Public Buildings Amendments of 1988 (Public Law 100–678, 40:278a).
In subsection (c)(5), the words "Defense Industrial Reserve" are substituted for "National Industrial Reserve" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).
In subsection (d)(3), the words "Federal Buildings Fund" are substituted for "Buildings Management Fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).
In subsection (e), before clause (1), the words "section 501 of title 36" are substituted for "the Act of August 6, 1965, 70 Stat 1049" in section 210(a)(15) of the Federal Property and Administrative Services Act of 1949 because of section 5(b) of the Act of August 12, 1998 (Public Law 105–225, 112 Stat. 1499), the first section of which enacted Title 36, United States Code. In clause (1), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (f)(1)(A), the words "Defense Industrial Reserve pursuant to section 2535 of title 10" are substituted for "National Industrial Reserve pursuant to the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).
In subsection (g)(1), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(a)(6) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
Editorial Notes
Amendments
2021—Subsec. (f)(1)(A). Pub. L. 117–81 substituted "section 4881" for "section 2535".
2006—Subsec. (b). Pub. L. 109–284 substituted "The Administrator of General Services may—" for "The Administrator may—" in introductory provisions.
2002—Subsec. (a). Pub. L. 107–296, §1706(a)(1), struck out subsec. (a) which read as follows: "
Subsec. (b). Pub. L. 107–296, §1706(a)(2), in par. (1), inserted "and" at end, in par. (2), substituted a period for "; and" at end, and struck out par. (3) which read as follows: "furnish arms and ammunition for the protection force the Administration maintains."
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Federal Buildings Personnel Training
Pub. L. 111–308, Dec. 14, 2010, 124 Stat. 3283, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Buildings Personnel Training Act of 2010'.
"SEC. 2. TRAINING OF FEDERAL BUILDING PERSONNEL.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Executive Documents
Facilitating Access to Federal Property for Siting of Mobile Services Antennas
Memorandum of President of the United States, Aug. 10, 1995, 60 F.R. 42023, provided:
Memorandum for the Heads of Departments and Agencies
Recent advancements in mobile telecommunications technology present an opportunity for the rapid construction of the Nation's wireless communications infrastructure. As a matter of policy, the Federal Government shall encourage the efficient and timely implementation of such new technologies and the concomitant infrastructure buildout as a means of stimulating economic growth and creating new jobs. The recent auctioning and impending licensing of radio frequencies for mobile personal communications services presents the Federal Government with the opportunity to foster new technologies and to encourage the development of communications infrastructure by making Federal property available for the siting of mobile services antennas.
Therefore, to the extent permitted by law, I hereby direct the Administrator of General Services, within 90 days, in consultation with the Secretaries of Agriculture, Interior, Defense, and the heads of such other agencies as the Administrator may determine, to develop procedures necessary to facilitate appropriate access to Federal property for the siting of mobile services antennas.
The procedures should be developed in accordance with the following:
1. (a) Upon request, and to the extent permitted by law and where practicable, executive departments and agencies shall make available Federal Government buildings and lands for the siting of mobile service antennas. This should be done in accordance with Federal, State, and local laws and regulations, and consistent with national security concerns (including minimizing mutual electromagnetic interactions), public health and safety concerns, environmental and aesthetic concerns, preservation of historic buildings and monuments, protection of natural and cultural resources, protection of national park and wilderness values, protection of National Wildlife Refuge systems, and subject to any Federal requirements promulgated by the agency managing the facility and the Federal Communications Commission, the Federal Aviation Administration, National Telecommunications and Information Administration, and other relevant departments and agencies.
(b) Antennas on Federal buildings or land may not contain any advertising.
(c) Federal property does not include lands held by the United States in trust for individual or Native American tribal governments.
(d) Agencies shall retain discretion to reject inappropriate siting requests, and assure adequate protection of public property and timely removal of equipment and structures at the end of service.
2. All procedures and mechanisms adopted regarding access to Federal property shall be clear and simple so as to facilitate the efficient and rapid buildout of the national wireless communications infrastructure.
3. Unless otherwise prohibited by or inconsistent with Federal law, agencies shall charge fees based on market value for siting antennas on Federal property, and may use competitive procedures if not all applicants can be accommodated.
This memorandum does not give the siting of mobile services antennas priority over other authorized uses of Federal buildings or land.
All independent regulatory commissions and agencies are requested to comply with the provisions of this memorandum.
This memorandum is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers, or any other person.
This memorandum shall be published in the Federal Register.
William J. Clinton.
§582. Management of buildings by Administrator of General Services
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1110.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 582(a) | 40:490(b). | June 30, 1949, ch. 288, title II, §210(b), (d), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 581, 582; Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433. |
| 582(b) | 40:490(d). |
In subsection (a), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency in the subsection and with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(b) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
In subsection (b), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
§583. Construction of buildings
(a)
(1) acquire land for a building or project authorized by Congress;
(2) make or cause to be made (under contract or otherwise) surveys and test borings and prepare plans and specifications for a building or project prior to the Attorney General's approval of the title to the site; and
(3) contract for, and supervise, the construction, development, and equipping of a building or project.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1111.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 583 | 40:490(c). | June 30, 1949, ch. 288, title II, §210(c), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 582. |
In subsection (a), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency in the subsection and with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(c) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
In subsection (b), the words "salaries and expenses for preparing plans and specifications and for field supervision" are substituted for "salaries and expenses of personnel engaged in the preparation of plans and specifications or in field supervision, and for general office expenses to be incurred in the rendition of any such service" to eliminate unnecessary words.
§584. Assignment and reassignment of space
(a)
(1)
(2)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1112.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 584 | 40:490(e). | June 30, 1949, ch. 288, title II, §210(e), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 582; Pub. L. 94–541, title I, §104(b), Oct. 18, 1976, 90 Stat. 2506. |
Executive Documents
Ex. Ord. No. 12411. Government Work Space Management Reforms
Ex. Ord. No. 12411, Mar. 29, 1983, 48 F.R. 13391, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 486 of Title 40 of the United States Code [now 40 U.S.C. 121], in order to institute fundamental changes in the manner in which Federal work space is managed to ensure its efficient utilization, it is hereby ordered as follows:
(a) Establish programs to reduce the amount of work space, used or held, to that amount which is essential for known agency missions;
(b) Produce and maintain a total inventory of work space and related furnishings and declare excess to the Administrator of General Services all such holdings that are not necessary to satisfy existing or known and verified planned programs;
(c) Ensure that the amount of office space used by each employee of the agency, or others using agency-controlled space, is held to the minimum necessary to accomplish the task that must be performed;
(d) Manage the furniture, equipment, decoration, drapes, carpeting, plants and other accoutrements so that the use of all furnishings by the agency reflects a judicious employment of public moneys;
(e) Consider, in making decisions concerning the use, acquisition, or disposal of work space and related furnishings, the effects of its actions on costs incurred by other Federal agencies;
(f) Report all vacant work space retained for future Federal uses to the Administrator of General Services so that it may be made available for the temporary use of other Federal agencies, to the extent consistent with national defense requirements;
(g) Establish a work space management plan to meet the provisions of this Order, including specification of the goals to be achieved and actions to be taken by the agency in order to improve its utilization of all work space and related furnishings; and
(h) Establish information systems, implement inventory controls and conduct surveys, in accordance with procedures established by the Administrator of General Services, so that a government-wide reporting system may be developed.
Ronald Reagan.
§585. Lease agreements
(a)
(1)
(2)
(b)
(1)
(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)
(c)
(d) Any bargain-price option to purchase at less than fair market value contained in any lease agreement entered into on or after January 1, 2021, pursuant to this section may be exercised only to the extent specifically provided for in subsequent appropriation Acts or other Acts of Congress.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1112; Pub. L. 117–257, §1, Dec. 21, 2022, 136 Stat. 2371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 585(a) | 40:490(h)(1). | June 30, 1949, ch. 288, title II, §210(h)(1), as added Pub. L. 85–493, §1, July 2, 1958, 72 Stat. 294; Pub. L. 86–249, §12(e), formerly §12(d), Sept. 9, 1959, 73 Stat. 482; redesignated §12(e), Pub. L. 94–541, title I, §103(3) (related to §12(e)), Oct. 18, 1976, 90 Stat. 2506. |
| 40:490e. | Pub. L. 101–136, title IV, §22, Nov. 3, 1989, 103 Stat. 807. | |
| 585(b) | 40:490(h)(2). | June 30, 1949, ch. 288, title II, §210(h)(2), as added Pub. L. 85–493, §1, July 2, 1958, 72 Stat. 294. |
| 585(c) | 40:490d. | Pub. L. 101–136, title IV, §5, Nov. 3, 1989, 103 Stat. 802. |
In subsection (b)(2), the words "Federal Buildings Fund" are substituted for "buildings management fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).
Editorial Notes
Amendments
2022—Subsec. (d). Pub. L. 117–257 added subsec. (d).
Statutory Notes and Related Subsidiaries
Secure Federal Leases from Espionage And Suspicious Entanglements
Pub. L. 116–276, Dec. 31, 2020, 134 Stat. 3362, provided that:
"SECTION 1. SHORT TITLE; FINDINGS.
"(a)
"(b)
"(1) the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords;
"(2) the General Services Administration collects highest-level and immediate ownership information through the System for Award Management, but it is not currently required to collect beneficial ownership information and lacks an adequate system for doing so;
"(3) the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either through foreign-incorporated legal entities or through ownership in United States-incorporated legal entities, even when the leased space is used for classified operations or to store sensitive data; and
"(4) according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, 'leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(A)
"(i) exercises control over the covered entity; or
"(ii) has a substantial interest in or receives substantial economic benefits from the assets of the covered entity.
"(B)
"(i) a minor child;
"(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
"(iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person;
"(iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or
"(v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A).
"(C)
"(2)
"(A) having the authority or ability to determine how a covered entity is utilized; or
"(B) having some decision-making power for the use of a covered entity.
"(3)
"(A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or
"(B) any governmental entity or instrumentality of a government.
"(4)
"(5)
"(6)
"(A) means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and
"(B) does not include the head of an element of the intelligence community.
"(7)
"(A) means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency; and
"(B) does not include an element of the intelligence community.
"(8)
"(9)
"(10)
"(A) will be occupied by Federal employees for nonmilitary activities; and
"(B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Department of Homeland Security, and the General Services Administration.
"(11)
"(12)
"(13)
"(14)
"(15)
"(A) is a citizen of the United States; or
"(B) is an alien lawfully admitted for permanent residence in the United States.
"(16)
"SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR FEDERAL AGENCIES.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) the list of immediate or highest-level owners of the covered entity during the preceding 1-year period of Federal occupancy; or
"(B) the information required to be provided relating to each such immediate or highest-level owner.
"SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS.
"(a)
"(b)
"(1)
"(A) Name.
"(B) Current residential or business street address.
"(C) An identifying number or document that verifies identity as a United States person, foreign person, or foreign entity.
"(2) Disclosures and notifications.—The plan described in subsection (a) shall—
"(A) require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person;
"(B) require that, if the Federal lessee is assigning the building or other improvement that will be used for high-security space to a Federal tenant, the Federal tenant shall be notified of the disclosure described in subparagraph (A); and
"(C) exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, trusts, or other pooled-investment vehicles.
"(c)
"(1) not later than 1 year after the date of enactment of this Act [Dec. 31, 2020], submit the plan described in subsection (a) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives;
"(2) not later than 2 years after the date of enactment of this Act, implement the plan described in subsection (a); and
"(3) not later than 1 year after the implementation of the plan described in subsection (a), and each year thereafter for 9 years, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the implementation of the plan, including the number of disclosures made under subsection (b)(2).
"SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE.
"A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that—
"(1) the covered entity and any member of the property management company who may be responsible for oversight or maintenance of the high-security leased space shall not—
"(A) maintain access to the high-security leased space; or
"(B) have access to the high-security leased space without prior approval from the Federal tenant;
"(2) access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Federal tenant determines that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and
"(3) the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property.
"SEC. 6. AGENCY NOTIFICATIONS.
"Not later than 60 days after the date of enactment of this Act [Dec. 31, 2020], the Administrator of General Services, in consultation with the Office of Management and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act.
"SEC. 7. APPLICABILITY.
"Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act."
Lease of Building Space by Wholly Owned Government Corporations
Act July 30, 1947, ch. 358, title III, §306, 61 Stat. 584, provided in part that: "Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of such Act of March 1, 1919, as amended [ch. 86, §10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such rental thereon as may be determined by the Federal Works Administrator [Administrator of General Services], such rental to include all cost of maintenance, upkeep, and repair."
§586. Charges for space and services
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 586(a), (b) | 40:490(j). | June 30, 1949, ch. 288, title II, §210(j), (k), as added Pub. L. 92–313, §4, June 16, 1972, 86 Stat. 219. |
| 586(c) | 40:490(k). | |
| 586(d) | 40:490f. | Pub. L. 102–393, title IV, §5, Oct. 6, 1992, 106 Stat. 1750. |
In subsection (b)(3), the words "Federal Buildings Fund" are substituted for "the fund" for clarity and to execute the probable intent of Congress. Sections 3 and 4 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 218) added subsection (j) of 40:490 (in which the words "the fund" appear) and amended subsection (f) to create a fund into which "charges made pursuant to subsection (j)" are deposited (40:490(f)(1)(A)). That fund was subsequently named "Federal Buildings Fund" by section 153(1) of the Energy Policy Act of 1992 (Public Law 102–486, 106 Stat. 2851). If an exemption from charges is granted under 40:490(j), "the fund" that suffers the loss of revenue is the Federal Buildings Fund.
In subsection (d), the words "on and after October 6, 1992" are omitted as obsolete. The words "subsection (b)" are substituted for "section 201(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j))" in section 5(a) of the Independent Agencies Appropriations Act, 1993, to reflect the probable intent of Congress. Section 201 of the Federal Property and Administrative Services Act of 1949 does not contain a subsection (j) and the intended reference was probably "section 210(j)", which is restated in this section. The text of 40:490f(b) is omitted as executed.
§587. Telecommuting and other alternative workplace arrangements
(a)
(b)
(1)
(2)
(3)
(4)
(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)
(1)
(2)
(3)
(d)
(1)
(2)
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Housing and Urban Development.
(H) Department of the Interior.
(I) Department of Justice.
(J) Department of Labor.
(K) Department of State.
(L) Department of Transportation.
(M) Department of the Treasury.
(N) Department of Veterans Affairs.
(O) Environmental Protection Agency.
(P) General Services Administration.
(Q) Office of Personnel Management.
(R) Small Business Administration.
(S) Social Security Administration.
(T) United States Postal Service.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 587(a), (b)(1)– (4)(A) | 40:490(l)(1)–(3). | June 30, 1949, ch. 288, title II, §210(l), as added Pub. L. 104–208, div. A, title I, §101(f) [title IV, §407(a)], Sept. 30, 1996, 110 Stat. 3009–337. |
| 587(b)(4)(B) | 40:490h. | Pub. L. 104–52, title IV, §5, Nov. 19, 1995, 109 Stat. 486. |
| 587(c)(1) | 40:490(l)(4) (words after 3d comma). | |
| 587(c)(2) | 40:490(l)(5). | |
| 587(c)(3) | 40:490(l)(4) (words before 3d comma). | |
| 587(d) | 40:490 note. | Pub. L. 105–277, div A, §101(h) [title VI, §630], Oct. 21, 1998, 112 Stat. 2681–522. |
§588. Movement and supply of office furniture
(a)
(b)
(c)
(d)
(e)
(f)
(1)
(2)
(A)
(B)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1115.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 588 | 40:490(g). | June 30, 1949, ch. 288, title II, §210(g), as added Sept. 1, 1954, ch. 1211, §3, 68 Stat. 1129. |
In subsection (f)(2), the reimbursement requirement in 40:490(g) (last sentence) is set out as an exception to a general "without reimbursement" rule in 40:490(g) (3d sentence) to harmonize an inconsistency in the source law.
§589. Installation, repair, and replacement of sidewalks
(a)
(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)
(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)
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 589 | 40:490(i). | June 30, 1949, ch. 288, title II, §210(i), as added Pub. L. 89–344, Nov. 8, 1965, 79 Stat. 1304. |
In subsections (a) and (b), the words "territory or" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (c), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (e), the words "beyond such liability presently existing by virtue of any other law" are omitted as unnecessary.
§590. Child care
(a)
(b)
(1)
(A)
(B)
(2)
(A) the child care provider applies to the allotment officer in the community or district in which child care services are to be provided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian employed by the Government; and
(ii) the child care provider will give priority to federal employees for available child care services in the space.
(c)
(1)
(2)
(3)
(d)
(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)
(f)
(1)
(2)
(3)
(g)
(1)
(2)
(3)
(4)
(5)
(6)
(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representatives in accordance with regulations promulgated by the Committee on House Administration; and
(B) amounts may be made available to implement this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate.
(7)
(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and
(B) amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 117–328, div. I, title I, §117(a), Dec. 29, 2022, 136 Stat. 4924; Pub. L. 118–47, div. E, title I, §103(a), Mar. 23, 2024, 138 Stat. 712.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 590(a) | 40:490b(c). | Pub. L. 100–202, §101(m) [title VI, §616(a)–(d)], Dec. 22, 1987, 101 Stat. 1329–423; Pub. L. 102–393, title V, §528, Oct. 6, 1992, 106 Stat. 1760. |
| 590(b) | 40:490b(a). | |
| 590(c) | 40:490b(b)(1), (2), (4). | |
| 590(d) | 40:490b(b)(3). | |
| 40:490b(d). | ||
| 590(e) | 40:490b note. | Pub. L. 105–277, div. A, §101(h) [title VI, §603], Oct. 21, 1998, 112 Stat. 2681–513. |
| 590(f) | 40:490b(e). | Pub. L. 100–202, §101(m) [title VI, §616(e)], as added Pub. L. 106–554, §1[(]a)(3) [title VI, §643], Dec. 21, 2000, 114 Stat. 2763A–169. |
| 590(g) | 40:490b–1. | Pub. L. 107–67, title VI, §630, Nov. 12, 2001, 115 Stat. 552. |
In subsection (a), the word "provide" is substituted for "promote the provision of" to eliminate unnecessary words.
In subsection (f)(2), the word "workers" is substituted for "existing and newly hired workers" to eliminate unnecessary words.
In subsection (g)(2), the word "hereafter" is omitted as unnecessary.
In subsection (g)(4), the words "as appropriate" are omitted as unnecessary.
In subsection (g)(5), the words "in this or any other Act" are omitted as unnecessary. The words "of the House of Representatives and the Senate" are added for consistency in the revised title.
Editorial Notes
References in Text
Section 231 of the Crime Control Act of 1990, referred to in subsec. (f)(2), is section 231 of Pub. L. 101–647, which was classified to section 13041 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20351 of Title 34, Crime Control and Law Enforcement.
Amendments
2024—Subsec. (g)(7). Pub. L. 118–47 added par. (7).
2022—Subsec. (g)(6). Pub. L. 117–328 added par. (6).
2004—Subsec. (g)(1). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–47, div. E, title I, §103(b), Mar. 23, 2024, 138 Stat. 712, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2024 and each succeeding fiscal year."
Effective Date of 2022 Amendment
Pub. L. 117–328, div. I, title I, §117(b), Dec. 29, 2022, 136 Stat. 4924, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year."
1 See References in Text note below.
§591. Purchase of electricity
(a)
(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)
(1)
(2)
(A) entering into a contract under section 2394 1 of title 10; or
(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 591 | 40:490 note. | Pub. L. 100–202, §101(b) [title VIII, §8093], Dec. 22, 1987, 101 Stat. 1329–79. |
In subsection (b)(1), the words "section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287)" are substituted for "42 U.S.C. 8287" in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress.
Editorial Notes
References in Text
Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109–364, div. B, title XXVIII, §2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.
1 See References in Text note below.
§592. Federal Buildings Fund
(a)
(b)
(1)
(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)
(3)
(c)
(1)
(2)
(3)
(4)
(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)
(1)
(2)
(3)
(4)
(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)
(1)
(2)
(A) promote further source reduction and recycling programs; and
(B) encourage employees to participate in recycling programs by providing financing for child care.
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 592(a) | 40:490(f)(1) (related to establishment), (3), (4). | June 30, 1949, ch. 288, title II, §210(f), as added July 12, 1952, ch. 703, §1(l), 66 Stat. 594; Pub. L. 85–886, §3, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 92–313, §3, June 16, 1972, 86 Stat. 218; Pub. L. 102–486, title I, §153, Oct. 24, 1992, 106 Stat. 2851. |
| 592(b)(1) | 40:490(f)(1) (related to deposits). | |
| 592(b)(2) | 40:490(f)(6). | |
| 592(b)(3) | 40:490(f)(5). | |
| 592(c)(1) | 40:490(f)(2). | |
| 592(c)(2) | 40:490a. | Pub. L. 94–91, title IV, §401, Aug. 9, 1975, 89 Stat. 452. |
| 592(c)(3) | 40:490a–1. | Pub. L. 101–136, title IV, §7, Nov. 3, 1989, 103 Stat. 803. |
| 592(c)(4) | 40:490i. | Pub. L. 105–277, div. A, §101(h) [title IV, 6th proviso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502. |
| 592(d) | 40:490(f)(7). | |
| 592(e) | 40:490(f)(8). | |
| 592(f) | 40:490g. | Pub. L. 102–393, title IV, §13, Oct. 6, 1992, 106 Stat. 1751. |
In subsection (a), the words "on such date as may be determined by the Administrator" are omitted as obsolete. The text of 40:490(f)(3) and (4) is omitted as executed.
In subsection (b)(1)(B), the words "federal building sites or additions" are substituted for "building sites" for consistency with section 581(d) of the revised title.
In subsection (b)(3), the words "To prevent the accumulation of excessive surpluses in the Fund" and "transferred out of the Fund" are added for clarity. See House Report No. 92–989, dated April 14, 1972 (United States Code Congressional and Administrative News, 92d Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377).
In subsection (c)(4), the words "amounts authorized to be expended from the Fund" are substituted for "this authorization, and hereafter" to restate the provision as general and permanent law without reference to a single year's appropriation Act.
In subsection (f), the words "during a fiscal year" are omitted as unnecessary.
Editorial Notes
References in Text
Section 5 of the Public Buildings Amendments of 1972, referred to in subsec. (c)(4)(A), is section 5 of Pub. L. 92–313, June 16, 1972, 86 Stat. 219, which enacted section 602a of former Title 40, Public Buildings, Property, and Works, and was omitted from the Code in the revision and reenactment of this title by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§593. Protection for veterans preference employees
(a)
(1)
(2)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1120; Pub. L. 109–284, §6(6), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 111–350, §5(l)(11), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 593 | 40:490c. | Pub. L. 104–52, title V, §503, Nov. 19, 1995, 109 Stat. 491. |
Editorial Notes
Amendments
2011—Subsec. (a)(2). Pub. L. 111–350 substituted "chapter 85 of title 41" for "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)".
2006—Subsec. (b). Pub. L. 109–284 substituted "available to the General Services Administration" for "available to the Administration".
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 601 | 40:491(a). | June 30, 1949, ch. 288, title II, §211(a), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |
Statutory Notes and Related Subsidiaries
Strategic Electric Vehicle Management
Pub. L. 117–263, div. G, title LXXII, subtitle C, Dec. 23, 2022, 136 Stat. 3676, provided that:
"SEC. 7231. SHORT TITLE.
"This subtitle may be cited as the 'Strategic EV Management Act of 2022'.
"SEC. 7232. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives;
"(C) the Committee on Environment and Public Works of the Senate;
"(D) the Committee on Energy and Natural Resources of the Senate;
"(E) the Committee on Energy and Commerce of the House of Representatives;
"(F) the Committee on Appropriations of the Senate; and
"(G) the Committee on Appropriations of the House of Representatives.
"(4)
"SEC. 7233. STRATEGIC GUIDANCE.
"(a)
"(b)
"(1) maximize both cost and environmental efficiencies; and
"(2) incorporate—
"(A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation;
"(B) guidelines for reusing and recycling the batteries of retired vehicles;
"(C) guidelines for disposing electric vehicle batteries that cannot be reused or recycled; and
"(D) any other considerations determined appropriate by the Administrator and Director.
"(c)
"(d)
"(1) the Secretary of Energy;
"(2) the Administrator of the Environmental Protection Agency;
"(3) the Chair of the Council on Environmental Quality;
"(4) scientists who are studying electric vehicle batteries and reuse and recycling solutions;
"(5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research;
"(6) industries interested in electric vehicle battery reuse and recycling;
"(7) electric vehicle equipment manufacturers and recyclers; and
"(8) any other relevant entities, as determined by the Administrator and Director.
"(e)
"(1)
"(2)
"SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.
"Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles."
Executive Documents
Ex. Ord. No. 10579. Interagency Motor-Vehicle Pools and Systems
Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided:
(b) The Administrator of General Services (hereinafter referred to as the Administrator) shall establish and provide for the operation of interagency motor-vehicle pools and systems for the purpose of providing more efficient or economical transportation of Government personnel and property within specific areas by motor vehicles or local transit systems. Pools or systems based in whole or in part upon use of privately-owned vehicles and facilities shall be preferred to Government ownership of vehicles and facilities to the extent that it is feasible to provide required motor-vehicle services of satisfactory quality and cost from commercial or other private sources.
(b) The head of each executive agency receiving notice that such a study is to be made shall provide information which is required or pertinent. He shall also designate one or more officials in the field with whom members of a staff assigned by the General Services Administration may consult. Such designated officials shall provide such assigned staff with needed information and assistance, including reasonable opportunities to observe motor-vehicle operations and facilities and to examine pertinent cost and other records.
(1) A description of the proposed operation, including a statement of the types of service and of the geographic area, and the agencies or parts of agencies to be served.
(2) The name of the executive agency designated to be responsible for operating the pool or system, and the reasons for such designation.
(3) A statement indicating the motor vehicles and related equipment and supplies to be transferred and the amount of reimbursement, if any, to be made therefor.
(b) Each determination shall be accompanied by an analytical justification which shall include a comparison of estimated costs of the present and proposed methods of operation and a showing of the estimated savings to be realized through the establishment of the proposed pool or system. The justification shall also describe the alternatives considered in making the determination, and shall include a statement concerning the availability of privately-owned facilities and equipment, and the feasibility and estimated cost (immediate and long-term) of using such facilities and equipment.
(c) The Administrator shall send a copy of each determination to each executive agency affected and to the Director of the Bureau of the Budget [now the Director of the Office of Management and Budget] (hereinafter referred to as the Director).
(b) The Director shall review any determination from which an executive agency has appealed and shall make a final decision on such appeal. The Director shall make such decisions, within seventy-five days after he receives the appeal or as soon thereafter as practicable, on the basis of information contained in the Administrator's determination, the executive agencies' appeals therefrom, and any supplementary data submitted by the Administrator and the contesting agencies. The Director shall send copies of decisions to the Administrator and to the heads of other executive agencies concerned.
(c) The Director's decision upon each such appeal, if it holds that the determination shall apply in whole or in part to the appealing agency, shall state the extent to which the determination applies and the effective date of its application. To the extent that the Director's decision on an appeal does not uphold the Administrator's determination, such determination shall be of no force and effect.
(b) The Director shall take such actions as he deems appropriate to assist in securing compliance with determinations which have become effective. In the exercise of this authority to establish reserves in apportioning appropriations and funds, the Director shall take account of such savings as accrue from the establishment of inter-agency motor-vehicle pools and systems.
(c) The executive agency which operates any pool or system established hereunder shall maintain accurate records of the cost of establishment, maintenance, and operation of any interagency motor-vehicle pool or system established pursuant to these regulations.
(d) The Administrator shall be responsible for maintaining adequate reviews and controls of the economy and efficiency of all pools or systems established in accordance with these regulations, including those not directly operated by the General Services Administration.
(b) The Administrator may discontinue or curtail a motor-vehicle pool or system when he determines that it is not the most economical method of rendering required motor-vehicle service; but he shall give at least sixty days notice of such intention to executive agencies affected and to the Director before taking such action.
(c) Executive agencies affected by a pool or system for which the Administrator is responsible (including inter-agency pools or systems operated by another executive agency designated by the Administrator) may bring problems of service and cost to the attention of the Administrator, who shall assure that such problems receive proper attention.
(d) Executive agencies receiving motor-vehicle services from an interagency motor-vehicle pool or system under these regulations may request discontinuance or curtailment of their participation in such pool or system after at least one year of participation or in the event that the need for the services from the pool or system ceases. Such requests shall be submitted to the Administrator with pertinent factual justification.
(e) If the Administrator does not agree with such request and is unable to make arrangements which are mutually acceptable to him and to the head of the executive agency concerned, the agency's request for discontinuance or modification and the Administrator's reasons for not agreeing with the request shall be forwarded to the Director who shall be responsible for making a final and binding decision.
(f) When a pool or system is discontinued or curtailed, such transfers of vehicles and related equipment and supplies, personnel, records, facilities, and funds as may be appropriate will be made, subject to the approval of the Director.
(1) Motor vehicles designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot.
(2) Any motor vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties: Provided, that vehicles regularly used for common administrative purposes not directly connected with the performance of law enforcement, investigative, or intelligence duties shall not because of such use be exempted from such inclusion.
(3) Any motor vehicle the conspicuous identification of which as a Government vehicle would interfere with the purpose for which it is acquired and used.
(4) Unless inclusion is mutually agreed upon by the Administrator and the head of the agency concerned:
(i) Motor vehicles for the use of the heads of the executive agencies, ambassadors, ministers, charge [sic] d'affaires, and other principal diplomatic and consular officials.
(ii) Motor vehicles regularly and principally used for the transportation of diplomats and representatives of foreign countries or by officers of the Department of State for the conduct of official business with representatives of foreign countries.
(iii) Motor vehicles regularly used for the distribution and transportation of mails.
(5) Motor vehicles which, because of their design or the special purposes for which they are used, or for other reasons, cannot advantageously be incorporated in an interagency motor-vehicle pool or system if the exemption thereof has been mutually agreed upon by the Administrator and the head of the executive agency concerned.
(6) Motor vehicles exempted by an agency which has authority to make such an exemption under the provisions of the Act [probably means the Federal Property and Administrative Services Act of 1949, now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41, Public Contracts].
Dwight D. Eisenhower.
§602. Authority to establish motor vehicle pools and transportation systems
(a)
(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)
(1) Federal Government-owned motor vehicles;
(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or
(3) both.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 602 | 40:491(b) (related to establishment). | June 30, 1949, ch. 288, title II, §211(b) (related to establishment), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |
Subsection (a)(1) is substituted for "in respect of executive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agencies" for clarity and to eliminate unnecessary words.
In subsection (c), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 211(b) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
§603. Process for establishing motor vehicle pools and transportation systems
(a)
(1)
(2)
(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)
(1)
(2)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 603(a)(1) | 40:491(b) (related to determination). | June 30, 1949, ch. 288, title II, §211(b) (related to determination), (c), (e), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |
| 603(a)(2) | 40:491(e). | |
| 603(b) | 40:491(c). |
In subsection (b)(1), the words "within ninety days after the effective date of this section" are omitted as obsolete.
§604. Treatment of assets taken over to establish motor vehicle pools and transportation systems
(a)
(1)
(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)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122; Pub. L. 109–313, §3(h)(5), Oct. 6, 2006, 120 Stat. 1736.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 604(a) | 40:491(g). | June 30, 1949, ch. 288, title II, §211(g), (h), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128. |
| 604(b) | 40:491(h). |
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–313 substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
§605. Payment of costs
(a)
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123; Pub. L. 109–313, §3(h)(6), Oct. 6, 2006, 120 Stat. 1736.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 605 | 40:491(d). | June 30, 1949, ch. 288, title II, §211(d), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127; Pub. L. 95–506, Oct. 24, 1978, 92 Stat. 1756. |
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–313, §3(h)(6)(A), substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text.
Subsec. (b)(2). Pub. L. 109–313, §3(h)(6)(B), substituted "321(f)" for "321(f)(1)" and "Acquisition Services Fund" for "General Supply Fund".
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
§606. Regulations related to operation
(a)
(b)
(c)
(1) periodically testing the physical fitness of operators and prospective operators; and
(2) suspension and revocation of authority to operate.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 606 | 40:491(j). | June 30, 1949, ch. 288, title II, §211(j), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128; Pub. L. 86–624, §27(b), July 12, 1960, 74 Stat. 418. |
In subsection (a), the words "Director of the Office of Personnel Management" are substituted for "United States Civil Service Commission" in section 211(j) of the Federal Property and Administrative Services Act of 1949 because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783). The words "territories and" are added for consistency in the revised title and with other titles of the United States Code.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 607 | 40:491(f) (1st sentence). | June 30, 1949, ch. 288, title II, §211(f) (1st sentence), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 608 | 40:491(i). | June 30, 1949, ch. 288, title II, §211(i), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128. |
§609. Identification of vehicles
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 609 | 40:491(k). | June 30, 1949, ch. 288, title II, §211(k), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128. |
§610. Discontinuance of motor vehicle pool or system
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 610 | 40:491(f) (last sentence). | June 30, 1949, ch. 288, title II, §211(f) (last sentence), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127. |
§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) of title 31 or, if appropriate, referral to the Attorney General for prosecution under section 641 of title 18.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124; Pub. L. 109–284, §6(7), Sept. 27, 2006, 120 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 611 | 40:491(l). | June 30, 1949, ch. 288, title II, §211(l), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128. |
The words "section 1343, 1344, or 1349(b) of title 31" are substituted for "section 5 of the Act of July 16, 1914, as amended (5 U.S.C. 78)" and "such section 5" in section 211(l) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
Editorial Notes
Amendments
2006—Pub. L. 109–284 inserted "of title 31" after "under section 1343, 1344, or 1349(b)" and "of title 18" after "under section 641".
SUBCHAPTER VII—PROPERTY MANAGEMENT
§621. Definitions
In this subchapter:
(1)
(2)
(3)
(4)
(A) an executive department or independent establishment in the executive branch of the Government; or
(B) a wholly owned Government corporation (other than the United States Postal Service).
(5)
(6)
(7)
(8)
(A) irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or
(B) for program purposes that can be satisfied only with a portion of the property.
(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1608.)
Statutory Notes and Related Subsidiaries
Purpose
Pub. L. 114–318, §2, Dec. 16, 2016, 130 Stat. 1608, provided that: "The purpose of this Act [see section 1 of Pub. L. 114–318, set out as a Short Title of 2016 Amendment note under section 101 of this title] is to increase the efficiency and effectiveness of the Federal Government in managing property of the Federal Government by—
"(1) requiring the United States Postal Service to take appropriate measures to better manage and account for property;
"(2) providing for increased collocation with Postal Service facilities and guidance on Postal Service leasing practices; and
"(3) establishing a Federal Real Property Council to develop guidance on and ensure the implementation of strategies for better managing Federal property."
§622. Collocation among United States Postal Service properties
(a)
(1) identify a list of postal properties with space available for use by Federal agencies; and
(2) not later than September 30, submit the list to—
(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Government Reform of the House of Representatives.
(b)
(c)
(1)
(2)
(A) review the list;
(B) review properties under the control of the Federal agency; and
(C) recommend collocations if appropriate.
(d)
(e)
(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1609.)
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§623. Establishment of a Federal Real Property Council
(a)
(b)
(1) to develop guidance and ensure implementation of an efficient and effective real property management strategy;
(2) to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and
(3) to reduce the costs of managing property of the Federal Government, including operations, maintenance, and security associated with Federal property.
(c)
(1)
(A) the senior real property officers of each Federal agency;
(B) the Deputy Director for Management of the Office of Management and Budget;
(C) the Controller of the Office of Management and Budget;
(D) the Administrator; and
(E) any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary.
(2)
(3)
(A)
(B)
(i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and
(ii) hold no outside employment that may conflict with duties inherent to the position.
(d)
(1)
(2)
(e)
(1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 524(a)(7) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed—
(A) to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis;
(B) to improve the management of real property; and
(C) to allow for comparison of the performance of Federal agencies against industry and other public sector agencies;
(2) develop utilization rates consistent throughout each category of space, considering the diverse nature of the Federal portfolio and consistent with nongovernmental space use rates;
(3) develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly;
(4) provide guidance on eliminating inefficiencies in the Federal leasing process;
(5) compile a list of field offices that are suitable for collocation with other property assets;
(6) research best practices regarding the use of public-private partnerships to manage properties and develop guidelines for the use of those partnerships in the management of Federal property; and
(7) not later than 1 year after the date of enactment of this subchapter and annually during the 4-year period beginning on the date that is 1 year after the date of enactment of this subchapter and ending on the date that is 5 years after the date of enactment of this subchapter, the Council shall submit to the Director a report that contains—
(A) a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency;
(B) the progress of the Council toward developing guidance for Federal agencies to ensure that the assessment required under section 524(a)(11)(B) is carried out in a uniform manner;
(C) the progress of Federal agencies toward achieving the goals established under section 524(a)(7);
(D) if necessary, recommendations for legislation or statutory reforms that would further the goals of the Council, including streamlining the disposal of excess or underutilized real property; and
(E) a list of entities that are consulted under subsection (f).
(f)
(1) State, local, and tribal authorities, as appropriate, and other affected communities; and
(2) appropriate private sector entities and nongovernmental organizations that have expertise in areas of—
(A) commercial real estate and development;
(B) government management and operations;
(C) space planning;
(D) community development, including transportation and planning;
(E) historic preservation; and
(F) providing housing to the homeless population.
(g)
(h)
(1) the Committee on Homeland Security and Governmental Affairs of the Senate;
(2) the Committee on Environment and Public Works of the Senate;
(3) the Committee on Oversight and Government Reform of the House of Representatives;
(4) the Committee on Transportation and Infrastructure of the House of Representatives; and
(5) the Comptroller General of the United States.
(i)
(1) any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note; Public Law 101–510));
(2) any property that is excepted from the definition of the term "property" under section 102;
(3) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii);
(4) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.);
(5) any real property the Director excludes for reasons of national security;
(6) any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered by—
(A) the Secretary of the Interior, acting through—
(i) the Director of the Bureau of Land Management;
(ii) the Director of the National Park Service;
(iii) the Commissioner of Reclamation; or
(iv) the Director of the United States Fish and Wildlife Service; or
(B) the Secretary of Agriculture, acting through the Chief of the Forest Service; or
(7) any property operated and maintained by the United States Postal Service.
(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1609.)
Editorial Notes
References in Text
The date of enactment of this subchapter, referred to in subsec. (e)(1), (7), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.
The Tennessee Valley Authority Act of 1933, referred to in subsec. (i)(4), is act May 18, 1933, ch. 32, 48 Stat. 58, which is classified generally to chapter 12A (§831 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see section 831 of Title 16 and Tables.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
§624. Information on certain leasing authorities
(a)
(1) the date on which each lease was executed;
(2) the date on which each lease will expire;
(3) a description of the size of the space;
(4) the location of the property;
(5) the tenant agency;
(6) the total annual rental payment; and
(7) the amount of the net present value of the total estimated legal obligations of the Federal Government over the life of the contract.
(b)
(1) the United States Postal Service; or
(2) any other property the Director excludes from subsection (a) for reasons of national security.
(Added Pub. L. 114–318, §3(a), Dec. 16, 2016, 130 Stat. 1612.)
Editorial Notes
References in Text
The date of enactment of this subchapter, referred to in subsec. (a), is the date of enactment of Pub. L. 114–318, which was approved Dec. 16, 2016.
CHAPTER 7—FOREIGN EXCESS PROPERTY
§701. Administrative
(a)
(b)
(1)
(2)
(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)
(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)
(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)
(1)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1125.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 701(a) | 40:514(a) (words before last comma). | June 30, 1949, ch. 288, title IV, §404, 63 Stat. 398; Pub. L. 86–624, §27(c), July 12, 1960, 74 Stat. 418; Pub. L. 96–470, title I, §101(a), Oct. 19, 1980, 94 Stat. 2237. |
| 701(b)(1) | 40:511 (words before proviso). | June 30, 1949, ch. 288, title IV, §401, 63 Stat. 397. |
| 40:514(d). | ||
| 701(b)(2)(A) | 40:514(a) (words after last comma). | |
| 701(b)(2)(B) | 40:511 (proviso cl. (a)). | |
| 701(b)(3) | 40:514(b). | |
| 701(b)(4) | 40:514(c). | |
| 701(c)(1) | 40:511 (proviso cl. (b) (words before "and the authority to amend")[)]. | |
| 701(c)(2) | 40:511 (proviso cl. (b) (words beginning "and the authority to amend"), (c), (d)). |
In subsection (b)(1), the text of 40:514(d) is omitted as executed and obsolete.
In subsection (b)(4), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil-service and classification laws", and the words "chapter 33 of title 5" are substituted for "the civil-service laws", because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In subclause (A), the words "in the United States" are added for clarity. In subclause (B), provisions related to the heads of executive agencies fixing the compensation of personnel outside the continental limits of the United States that were contained in section 404(c)(2) of the Federal Property and Administrative Services Act of 1949 are omitted as obsolete. Sections 1202 and 1204 of the Classification Act of 1949 (ch. 782, 63 Stat. 972, 973) repealed the Classification Act of 1923 (ch. 265, 42 Stat. 1488) and all other provisions inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by section 8(a) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 632), the first section of which enacted title 5, United States Code. The Classification Act of 1949 was reenacted as chapter 51 and subchapter III of chapter 53 of title 5. See especially 5:5102 and 5103.
In subsection (c)(1), the words "Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.)" are substituted for "section 32(b)(2) of the Surplus Property Act of 1944, as amended" because of section 111(a)(1) and (c) of the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–257, 75 Stat. 538). The words "Foreign Service Buildings Act, 1926" are substituted for "Foreign Service Buildings Act of May 7, 1926, as amended" because of section 8 of the Foreign Service Buildings Act (22:299). The words "(including section 295b of title 22)" are omitted as executed and obsolete.
In subsection (c)(2), the words "Secretary of State" are substituted for "Department of State" because of 22:2651.
Editorial Notes
References in Text
The Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (c)(1)(A), is Pub. L. 87–256, Sept. 21, 1961, 75 Stat. 527, which is classified principally to chapter 33 (§2451 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2451 of Title 22 and Tables.
The Foreign Service Buildings Act, 1926, referred to in subsec. (c)(1)(B), is act May 7, 1926, ch. 250, 44 Stat. 403, as which is classified generally to chapter 8 (§292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables.
§702. Return of foreign excess property to United States
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 702 | 40:512(c). | June 30, 1949, ch. 288, title IV, §402(c), as added Pub. L. 91–426, §2(d), Sept. 26, 1970, 84 Stat. 883; Pub. L. 94–519, §4, Oct. 17, 1976, 90 Stat. 2455. |
§703. Donation of medical supplies for use in foreign country
(a)
(b)
(c)
(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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 703 | 40:512(b). | June 30, 1949, ch. 288, title IV, §402(b), as added Pub. L. 91–426, §2(d), Sept. 26, 1970, 84 Stat. 883. |
§704. Other methods of disposal
(a)
(b)
(1)
(2)
(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)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 704 | 40:512(a). | June 30, 1949, ch. 288, title IV, §402(a), 63 Stat. 398; Pub. L. 91–426, §2(a)–(c), Sept. 26, 1970, 84 Stat. 883; Pub. L. 99–627, §3(a), Nov. 7, 1986, 100 Stat. 3509. |
§705. Handling of proceeds from disposal
(a)
(b)
(c)
(1)
(2)
(d)
(1)
(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and
(B) payments for breach of warranty.
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1127.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 705 | 40:513. | June 30, 1949, ch. 288, title IV, §403, 63 Stat. 398. |
In subsection (d)(1), the words "in the Treasury" are substituted for "with the Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as section 321 of title 31.
CHAPTER 9—URBAN LAND USE
§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 and land use practices and with the planning and development objectives of local governments and planning agencies.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1127.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 901 | 40:531. | June 30, 1949, ch. 288, title VIII, §802, as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1104. |
§902. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 902 | 40:535(a), (b). | June 30, 1949, ch. 288, title VIII, §806(a), (b), as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1105. |
§903. Acquisition and use
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 903 | 40:533. | June 30, 1949, ch. 288, title VIII, §804, as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1105. |
In subsection (b), the words "and conform to" are omitted as included in "comply with".
§904. Disposal
(a)
(b)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 904(a), (b) | 40:532. | June 30, 1949, ch. 288, title VIII, §§803, 806(c), as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1105. |
| 904(c) | 40:535(c). |
In subsection (a), the words "Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of" and "such land" are omitted as unnecessary. The words "the head of the governing body of" are omitted for consistency in the chapter. The words "exercising zoning and land-use jurisdiction" are substituted for "having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located" to eliminate unnecessary words and for consistency in the chapter.
In subsection (c)(2), the word "Preparing" is added for clarity.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 905 | 40:534. | June 30, 1949, ch. 288, title VIII, §805, as added Pub. L. 90–577, title V, §501, Oct. 16, 1968, 82 Stat. 1105. |
CHAPTER 11—SELECTION OF ARCHITECTS AND ENGINEERS
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1101 | 40:542. | June 30, 1949, ch. 288, title IX, §902, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. |
The words "The Congress hereby declares" are omitted as unnecessary.
§1102. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
(C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1102 | 40:541. | June 30, 1949, ch. 288, title IX, §901, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100–656, title VII, §742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100–679, §8, Nov. 17, 1988, 102 Stat. 4068. |
In clause (1), the words "Secretary, Administrator, or" are omitted as unnecessary.
§1103. Selection procedure
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1103 | 40:543. | June 30, 1949, ch. 288, title IX, §903, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. |
In subsection (b), the words "engaged in the lawful practice of their profession" are omitted as unnecessary because of the definition of "firm" in section 1102 of the revised title.
In subsection (c), the words "compare alternative methods for furnishing services" are substituted for "the relative utility of alternative methods of approach for furnishing the required services" to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Architectural and Engineering Services
Pub. L. 108–136, div. A, title XIV, §1427(b), Nov. 24, 2003, 117 Stat. 1670, as amended by Pub. L. 117–81, div. A, title XVII, §1702(l)(8), Dec. 27, 2021, 135 Stat. 2161, provided that: "Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award schedule contracts entered into by the Administrator of General Services or under Governmentwide task and delivery order contracts entered into under sections 3403 and 3405 of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253h and 253i) [now 41 U.S.C. 4103, 4105(a) to (c)(1), (d) to (i)] unless such services—
"(1) are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be performed; and
"(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code."
§1104. Negotiation of contract
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1104 | 40:544. | June 30, 1949, ch. 288, title IX, §904, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. |
CHAPTER 13—PUBLIC PROPERTY
Editorial Notes
Amendments
2002—Pub. L. 107–296, title XVII, §1706(b)(3), Nov. 25, 2002, 116 Stat. 2318, added item 1315 and struck out former item 1315 "Special police".
§1301. Charge of property transferred to the Federal Government
(a)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1131.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1301 | 40:301. | R.S. §3750; Pub. L. 89–30, §2, June 2, 1965, 79 Stat. 119. |
In subsection (a), the words "Except as provided in subsection (b)" are added for clarity.
In subsection (b)(1), the words "the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)" are substituted for "the internal-revenue laws" for clarity and for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b)(1), is classified to Title 26, Internal Revenue Code.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1131.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1302 | 40:303b. | June 30, 1932, ch. 314, §321, 47 Stat. 412. |
The words "On and after June 30, 1932" are omitted as obsolete.
§1303. Disposition of surplus real property
(a)
(b)
(1)
(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)
(3)
(c)
(d)
(e)
(1)
(2)
(f)
(g)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1131; Pub. L. 113–287, §5(j)(3), Dec. 19, 2014, 128 Stat. 3269.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1303(a) | 40:304e. | Aug. 27, 1935, ch. 744, §5, 49 Stat. 886. |
| 1303(b) | 40:304a. | Aug. 27, 1935, ch. 744, §1, 49 Stat. 885; July 18, 1940, ch. 635, §§1, 3, 54 Stat. 764, 765. |
| 1303(c) | 40:304a–2. | Aug. 27, 1935, ch. 744, §§6, 7, as added July 18, 1940, ch. 635, §2, 54 Stat. 764. |
| 1303(d) | 40:304b (1st sentence). | Aug. 27, 1935, ch. 744, §2, 49 Stat. 886; July 18, 1940, ch. 635, §3, 54 Stat. 765; June 14, 1946, ch. 404, §4, 60 Stat. 257. |
| 1303(e)(1) | 40:304b (last sentence). | |
| 1303(e)(2) | 40:304c. | Aug. 27, 1935, ch. 744, §3, 49 Stat. 886; July 18, 1940, ch. 635, §3, 54 Stat. 765; June 14, 1946, ch. 404, §4, 60 Stat. 257; Pub. L. 85–493, §2, July 2, 1958, 72 Stat. 294. |
| 1303(f) | 40:304a–1. | |
| 1303(g) | 40:304d. | Aug. 27, 1935, ch. 744, §4, 49 Stat. 886; July 18, 1940, ch. 635, §3, 54 Stat. 765. |
In this chapter, the words "Administrator of General Services" are substituted for "Federal Works Administrator" and "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
In subsection (a), the words "wholly owned Government corporations" are substituted for "corporations wholly owned by the United States" for consistency in the revised title and with other titles of the United States Code.
In subsection (b)(1), before subclause (A), the words "Notwithstanding any other provision of law", "heretofore or hereafter", and "by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner" are omitted as unnecessary. In subclause (A), the words "or reassign" are omitted as unnecessary.
In subsection (e), the words "General Services Administration", "Administrator", and "Administration" are substituted for "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
In subsection (f), the words "as hereinafter" are omitted as obsolete. The words "which have been or may hereafter be" and "notwithstanding any declaration that the same is in excess of its needs" are omitted as unnecessary.
Editorial Notes
Amendments
2014—Subsec. (c). Pub. L. 113–287 substituted "chapter 3201 of title 54" for "the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act)".
Statutory Notes and Related Subsidiaries
Savings Provisions
Pub. L. 115–141, div. P, title VI, §608(e), Mar. 23, 2018, 132 Stat. 1107, provided that:
"(1)
"(2)
"(A) title 40 of the United States Code;
"(B) the Federal Assets Sale and Transfer Act of 2016 [Pub. L. 114–287] (40 U.S.C. 1303 note); or
"(C) any other law governing real property activities of the Federal Government."
Inclusion in Federal Real Property Database of Information Related to Communications Facility Installations
Pub. L. 115–141, div. P, title VI, §608(b), (c), Mar. 23, 2018, 132 Stat. 1106, provided that:
"(b)
"(1)
"(2)
"(A) the criteria that make Federal real property capable of supporting communications facility installations;
"(B) the types of information related to the Federal real property that should be included in the database; and
"(C) other matters that the Administrator determines necessary.
"(c)
"(1)
"(2)
Federal Assets Sale and Transfer
Pub. L. 114–287, Dec. 16, 2016, 130 Stat. 1463, as amended by Pub. L. 114–318, §7(b), (d), Dec. 16, 2016, 130 Stat. 1616, 1617; Pub. L. 115–141, div. E, title V, §527, div. P, title VI, §608(a), Mar. 23, 2018, 132 Stat. 573, 1105; Pub. L. 115–437, §1, Jan. 14, 2019, 132 Stat. 5563; Pub. L. 115–438, §1, Jan. 14, 2019, 132 Stat. 5564, provided that:
"SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
"(a)
"(b)
"SEC. 2. PURPOSES.
"The purpose of this Act is to reduce the costs of Federal real estate by—
"(1) consolidating the footprint of Federal buildings and facilities;
"(2) maximizing the utilization rate of Federal buildings and facilities;
"(3) reducing the reliance on leased space;
"(4) selling or redeveloping high value assets that are underutilized to obtain the highest and best value for the taxpayer and maximize the return to the taxpayer;
"(5) reducing the operating and maintenance costs of Federal civilian real properties;
"(6) reducing redundancy, overlap, and costs associated with field offices;
"(7) creating incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property;
"(8) facilitating and expediting the sale or disposal of unneeded Federal civilian real properties;
"(9) improving the efficiency of real property transfers for the provision of services to the homeless; and
"(10) assisting Federal agencies in achieving the Government's sustainability goals by reducing excess space, inventory, and energy consumption, as well as by leveraging new technologies.
"SEC. 3. DEFINITIONS.
"In this Act, unless otherwise expressly stated, the following definitions apply:
"(1)
"(2)
"(3)
"(4)
"(5)
"(A)
"(B)
"(i) Properties that are 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).
"(ii) A base, camp, post, station, yard, center, or homeport facility for any ship or activity under the jurisdiction of the Coast Guard.
"(iii) Properties that are excluded for reasons of national security by the Director of the Office of Management and Budget.
"(iv) Properties that are excepted from the definition of the term 'property' under section 102 of title 40, United States Code.
"(v) Indian and Native Alaskan properties, including—
"(I) any property within the limits of an Indian reservation to which the United States owns title for the benefit of an Indian tribe; and
"(II) any property title that is held in trust by the United States for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to restriction by the United States against alienation.
"(vi) Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.).
"(vii) Postal properties owned by the United States Postal Service.
"(viii) Properties used in connection with Federal programs for agricultural, recreational, or conservation purposes, including research in connection with the programs.
"(ix) Properties used in connection with river, harbor, flood control, reclamation, or power projects.
"(x) Properties located outside the United States operated or maintained by the Department of State or the United States Agency for International Development.
"(6)
"(7)
"(8)
"(9)
"SEC. 4. BOARD.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) Two members recommended by the Speaker of the House of Representatives.
"(B) Two members recommended by the majority leader of the Senate.
"(C) One member recommended by the minority leader of the House of Representatives.
"(D) One member recommended by the minority leader of the Senate.
"(3)
"(4)
"(5)
"(A) Commercial real estate and redevelopment.
"(B) Space optimization and utilization.
"(C) Community development, including transportation and planning.
"SEC. 5. BOARD MEETINGS.
"(a)
"(b)
"(c)
"(1) the Committee on Transportation and Infrastructure of the House of Representatives;
"(2) the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives;
"(3) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(4) the Committee on Environment and Public Works of the Senate; and
"(5) the Committees on Appropriations of the House of Representatives and the Senate.
"(d)
"SEC. 6. COMPENSATION AND TRAVEL EXPENSES.
"(a)
"(1)
"(2)
"(b)
"SEC. 7. EXECUTIVE DIRECTOR.
"(a)
"(b)
"SEC. 8. STAFF.
"(a)
"(b)
"(c)
"SEC. 9. CONTRACTING AUTHORITY.
"(a)
"(b)
"(c)
"SEC. 10. TERMINATION.
"The Board shall cease operations and terminate 6 years after the date on which the Board members are appointed pursuant to section 4.
"SEC. 11. DEVELOPMENT OF RECOMMENDATIONS TO BOARD.
"(a)
"(1)
"(2)
"(A) Federal civilian real properties that can be sold for proceeds or otherwise disposed of, reported as excess, declared surplus, outleased, or otherwise no longer meeting the needs of the agency, excluding leasebacks or other such exchange agreements where the property continues to be used by the agency.
"(B) Federal civilian real properties that can be transferred, exchanged, consolidated, co-located, reconfigured, or redeveloped, so as to reduce the civilian real property inventory, reduce the operating costs of the Government, and create the highest value and return for the taxpayer.
"(C) Operational efficiencies that the Government can realize in its operation and maintenance of Federal civilian real properties.
"(b)
"(1)
"(A) review the agency recommendations;
"(B) develop consistent standards and criteria against which the agency recommendations will be reviewed; and
"(C) submit to the Board the recommendations developed pursuant to paragraph (2).
"(2)
"(3)
"(A) The extent to which the civilian real property could be sold (including property that is no longer meeting the needs of the Government), redeveloped, outleased, or otherwise used to produce the highest and best value and return for the taxpayer.
"(B) The extent to which the operating and maintenance costs are reduced through consolidating, co-locating, and reconfiguring space, and through realizing other operational efficiencies.
"(C) The extent to which the utilization rate is being maximized and is consistent with non-governmental industry standards for the given function or operation.
"(D) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the proposed recommendation.
"(E) The extent to which reliance on leasing for long-term space needs is reduced.
"(F) The extent to which a civilian real property aligns with the current mission of the Federal agency.
"(G) The extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies.
"(H) The economic impact on existing communities in the vicinity of the civilian real property.
"(I) The extent to which energy consumption is reduced.
"(J) The extent to which public access to agency services is maintained or enhanced.
"(c)
"(d)
"(1)
"(2)
"(3)
"SEC. 12. BOARD DUTIES.
"(a)
"(b)
"(1)
"(A) identify not fewer than five Federal civilian real properties that are not on the list of surplus or excess as of such date with a total fair market value of not less than $500,000,000 and not more than $750,000,000; and
"(B) transmit the list of the Federal civilian real properties to the Director of OMB and Congress as Board recommendations and subject to the approval process described in section 13.
"(2)
"(3)
"(4)
"(A)
"(B)
"(i) shall expire on or before the last day of the 3-year period beginning on the date of the sale of the respective property;
"(ii) may not contain any options to extend or renew the leaseback;
"(iii) may only be entered into once for purposes of temporarily housing the Federal agency in the property at the time of the sale; and
"(iv) shall only be for the purpose of facilitating the sale of the respective property.
"(5)
"(6)
"(A)
"(B)
"(c)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
"(1)
"(A) the consolidation, exchange, co-location, reconfiguration, lease reductions, sale, outlease, and redevelopment of Federal civilian real properties; and
"(B) other operational efficiencies that can be realized in the Government's operation and maintenance of such properties.
"(2)
"(A)
"(B)
"(3)
"(h)
"(i)
"SEC. 13. REVIEW BY OMB.
"(a)
"(b)
"(c)
"(1)
"(2)
"(3)
"(4)
"(d)
"SEC. 14. IMPLEMENTATION OF BOARD RECOMMENDATIONS.
"(a)
"(1)
"(A) not later than 60 days after the Director of OMB transmits the Board's recommendations to Congress pursuant to paragraph (1) or (4) of section 13(c), immediately begin preparations to carry out the Board's recommendations; and
"(B) not later than 2 years after such transmittal, initiate all activities necessary to carry out the Board's recommendations.
"(2)
"(3)
"(b)
"(1) acquiring land, constructing replacement facilities, performing such other activities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property;
"(2) reimbursing other Federal agencies for actions performed at the request of the Board; and
"(3) taking such actions as are practicable to maximize the value of Federal civilian real property to be sold by clarifying zoning and other limitations on use of such property.
"(c)
"(1)
"(A)
"(i) in consultation with the Administrator, continue to act within the Federal agency's existing legal authorities, including legal authorities delegated to the Federal agency by the Administrator; or
"(ii) work in partnership with the Administrator to carry out such actions.
"(B)
"(2)
"(d)
"(e)
"(1) section 545(b)(8) of title 40, United States Code;
"(2) sections 550, 553, and 554 of title 40, United States Code;
"(3) any section of the Act entitled 'An Act Authorizing the transfer of certain real property for wildlife, or other purposes' (16 U.S.C. 667b);
"(4) section 47151 of title 49, United States Code;
"(5) sections 107 and 317 of title 23, United States Code;
"(6) section 1304(b) of title 40, United States Code;
"(7) section 13(d) of the Surplus Property Act of 1944 [act Oct. 3, 1944, ch. 479] (50 U.S.C. App. 1622(d) [now 40 U.S.C. 545 note]);
"(8) any other provision of law authorizing the conveyance of real property owned by the Government for no consideration; and
"(9) any congressional notification requirement other than that in section 545 of title 40, United States Code.
"(f)
"(1)
"(2)
"(3)
"(g)
"(1)
"(A)
"(B)
"(2)
"(A) the costs of all environmental restoration, waste management, and environmental compliance activities otherwise to be paid by the disposing agency with respect to the property are equal to or greater than the fair market value of the property to be transferred, as determined by the head of the disposing agency; or
"(B) if such costs are lower than the fair market value of the property, the recipient of the property agrees to pay the difference between the fair market value and such costs.
"(3)
"(A) the amount by which the costs incurred by the recipient of such property for all environmental restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as specified in such certification; or
"(B) the amount by which the costs (as determined by the head of the disposing agency) that would otherwise have been incurred by the Secretary for such restoration, waste management, and environmental compliance activities with respect to such property exceed the fair market value of such property as so specified.
"(4)
"(5)
"(6)
"SEC. 15. AUTHORIZATION OF APPROPRIATIONS.
"There is authorized to be appropriated to carry out this Act an initial appropriation of—
"(1) $2,000,000 for salaries and expenses of the Board; and
"(2) $40,000,000 to be deposited into the Asset Proceeds and Space Management Fund for activities related to the implementation of the Board's recommendations.
"SEC. 16. FUNDING.
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(3)
"(A) Such amounts as are provided in appropriations Acts, to remain available until expended, for the consolidation, co-location, exchange, redevelopment, reconfiguration of space, disposal, and other actions recommended by the Board for Federal agencies.
"(B) Amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the Board.
"(4)
"(A) sales transactions;
"(B) acquiring land, construction, constructing replacement facilities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property;
"(C) co-location, redevelopment, disposal, and reconfiguration of space; and
"(D) other actions recommended by the Board for Federal agencies.
"(c)
"SEC. 17. CONGRESSIONAL APPROVAL OF PROPOSED PROJECTS.
[Amended section 3307 of this title.]
"SEC. 18. PRECLUSION OF JUDICIAL REVIEW.
"The following actions shall not be subject to judicial review:
"(1) Actions taken pursuant to sections 12 and 13.
"(2) Actions of the Board.
"SEC. 19. IMPLEMENTATION REVIEW BY GAO.
"Upon transmittal of the Board's recommendations from the Director of OMB to Congress under section 13, the Comptroller General of the United States at least annually shall monitor and review the implementation activities of Federal agencies pursuant to section 14, and report to Congress any findings and recommendations.
"SEC. 20. AGENCY RETENTION OF PROCEEDS.
"(a)
"(b)
"SEC. 21. FEDERAL REAL PROPERTY DATABASE.
"(a)
"(b)
"(1) The geographic location of each Federal real property of each such agency, including the address and description for each such property.
"(2) The total size of each Federal real property of each such agency, including square footage and acreage of each such property.
"(3) Whether the Federal real property is currently, or will in the future be, needed to support [each such] agency's mission or function.
"(4) The utilization of each Federal real property for each such agency, including whether such property is excess, surplus, underutilized, or unutilized.
"(5) The number of days each Federal real property is designated as excess, surplus, underutilized, or unutilized.
"(6) The annual operating costs of each Federal real property.
"(7) The replacement value of each Federal real property.
"(8) The ability of the Federal real property to support a communications facility installation.
"(c)
"(1)
"(2)
"(d)
"(1) uses an open, machine-readable format;
"(2) permits users to search and sort Federal real property data; and
"(3) includes a means to download a large amount of Federal real property data and a selection of such data retrieved using a search.
"(e)
"(f)
"(1) any infrastructure, including any transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets associated with the licensed or permitted unlicensed wireless or wireline transmission of writings, signs, signals, data, images, pictures, and sounds of any kind; and
"(2) any antenna or apparatus that—
"(A) is designed for the purpose of emitting radio frequency;
"(B) is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Federal Communications Commission or is using duly authorized devices that do not require individual licenses; and
"(C) is added to a tower, building, or other structure.
"SEC. 22. STREAMLINING MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.
[Amended section 11411 of Title 42, The Public Health and Welfare.]
"SEC. 23. ADDITIONAL PROPERTY.
[Amended section 549 of this title.]
"SEC. 24. SALE OF 12TH AND INDEPENDENCE.
"(a)
"(b)
"(c)
"(d)
"SEC. 25. SALE OF COTTON ANNEX.
"(a)
"(b)
"(c)
[Amendment by Pub. L. 114–318 to Pub. L. 114–287, set out above, effective immediately after the enactment of Pub. L. 114–287, see section 7(e) of Pub. L. 114–318, set out as an Effective Date of 2016 Amendment note under section 571 of this title.]
§1304. Transfer of federal property to States
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(1)
(2)
(3)
(4)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1133.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1304(a) | 40:345b. | Aug. 26, 1935, ch. 684, §1, 49 Stat. 800; Pub. L. 86–608, July 7, 1960, 74 Stat. 363. |
| 1304(b)(1)– (3) | 40:345c. | Aug. 26, 1935, ch. 684, §2, as added Pub. L. 86–608, July 7, 1960, 74 Stat. 363. |
| 1304(b)(4) | 40:345c note. | Pub. L. 94–579, title VII, §706(a) (related to the Act of July 7, 1960 (Pub. L. 86–608, 74 Stat. 363)), Oct. 21, 1976, 90 Stat. 2793. |
In subsection (a), the words "Administrator of General Services" and "Administrator" are substituted for "Treasury Department" and "Secretary of the Treasury" in the Act of August 26, 1935 because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In paragraph (1), the words "a State or a political subdivision of a State" are substituted for "States, counties, municipalities, or other duly constituted political subdivisions of States" for consistency with subsection (b).
§1305. Disposition of land acquired by devise
The General Services Administration may take custody, for disposal as excess property under this subtitle and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, of land acquired by the Federal Government by devise.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1134; Pub. L. 111–350, §5(l)(12), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1305 | 40:304. | Mar. 3, 1903, ch. 1007, [§] 1 (4th complete par. on p. 1112), 32 Stat. 1112; Oct. 31, 1951, ch. 654, §4(8), 65 Stat. 709. |
The words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the word "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The words "as have been or may hereafter be" are omitted as unnecessary.
Editorial Notes
Amendments
2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
§1306. Disposition of abandoned or forfeited personal property
(a)
(1)
(2)
(b)
(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)
(1)
(2)
(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)
(1)
(2)
(A)
(B)
(C)
(D)
(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)
(4)
(e)
(f)
(1)
(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)
(g)
(h)
(1)
(2)
(3)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1134.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1306(a) | 40:304f. | Aug. 27, 1935, ch. 740, title III, §§301–307, 49 Stat. 879. |
| 1306(b) | 40:304g. | |
| 1306(c) | 40:304h. | |
| 1306(d) | 40:304i. | |
| 1306(e) | 40:304k. | |
| 1306(f) | 40:304j. | |
| 1306(g) | 40:304l (related to report). | |
| 1306(h)(1) | 40:304l (related to regulations). | |
| 1306(h)(2), (3) | 40:304m. | Aug. 27, 1935, ch. 740, title III, §308, 49 Stat. 880; Pub. L. 91–513, title III, §1102(o), Oct. 27, 1970, 84 Stat. 1293. |
In this section, the words "Administrator" and "Administrator of General Services" are substituted for "Director" and "Director of the Procurement Division of the Treasury Department of the United States" [subsequently changed to "Bureau of Federal Supply" by regulation §5.7 of subpart A of Part 5 of Title 41, Public Contracts, eff. January 1, 1947, 11 F. R. 13636] because of section 102(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(a)(1) of the revised title.
In subsection (a), the text of 40:304f(3) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section.
In subsection (c)(1), the words "(including advertisement for sale, and sale)" are omitted as unnecessary.
In subsection (d)(3), the words "as provided in paragraph (2)" are substituted for "accordingly" for clarity.
In subsection (g), the words "from time to time" are omitted as unnecessary.
In subsection (h)(2), the words "which were enacted prior to August 27, 1935" are added for clarity.
In subsection (h)(3), the text of 40:304m(1) is omitted because section 4 of the Act of June 15, 1917 (22:404) was repealed by section 2 of the Act of August 13, 1953 (ch. 434, 67 Stat. 577). In subclause (C), the words "the disposal of which" are substituted for "as" for clarity.
Editorial Notes
References in Text
The Controlled Substances Act, referred to in subsec. (h)(3)(A), is title II of Pub. L. 91–513, Oct. 27, 1970, 84 Stat. 1242, which is classified principally to subchapter I (§801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1307 | 40:316. | Feb. 28, 1920, ch. 91, §213, as added Aug. 13, 1940, ch. 666, 54 Stat. 788; Pub. L. 95–598, title III, §325, Nov. 6, 1978, 92 Stat. 2679. |
The words "sell, exchange, or otherwise", "bonds, notes, or other", "purchase, default, or other", and "(whether at a foreclosure sale or otherwise)" are omitted as unnecessary.
Editorial Notes
References in Text
The Transportation Act of 1920, referred to in text, is act Feb. 28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to section 316 of former Title 40, Public Buildings, Property, and Works, section 1375a of former Title 10, Army and Air Force, sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6, 10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79, 141, and 142 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. Numerous sections of the Act that were classified to Title 49 were repealed by Pub. L. 95–473, §4(b), Oct. 13, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see table at the beginning of Title 49. Section 316 of former Title 40 was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.
§1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137; Pub. L. 111–350, §5(l)(13), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1308 | 40:311b. | June 15, 1938, ch. 400, 52 Stat. 693; June 3, 1939, ch. 176, 53 Stat. 808; Oct. 31, 1951, ch. 654, §2(24), 65 Stat. 707. |
The words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the word "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title.
Editorial Notes
Amendments
2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1309 | 40:310. | R.S. §3755; Pub. L. 89–30, §4, June 2, 1965, 79 Stat. 119. |
The words "or of any moneys, dues, and other interests lately in the possession of or due to the so-called Confederate States, or their agents, and now belonging to the United States, which are now withheld or retained by any person, corporation or municipality whatever, and which ought to have come into the possession and custody of, or been collected or received by, the United States" in section 3755 of the Revised Statues [sic] and "debts, dues, or interests, which shall not be paid from such moneys as shall be realized and received from the property so collected, under each specific agreement" are omitted as obsolete.
§1310. Sale of war supplies, land, and buildings
(a)
(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the plant or factory may be situated, acquired since April 6, 1917, for the production of war supplies, materials, and equipment that, during the emergency existing on July 9, 1918, may have been purchased, acquired, or manufactured by the Government.
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1137.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1310 | 40:314. | July 9, 1918, ch. 143 (last par. on p. 850), 40 Stat. 850; Feb. 25, 1919, ch. 39, §3, 40 Stat. 1173; May 29, 1928, ch. 901, §1(8), 45 Stat. 986; Aug. 7, 1946, ch. 770, (55), 60 Stat. 870. |
In this section, the words "government of a foreign country" are substituted for "foreign State or Government", and the words "against a country" are substituted for "against any Government", for consistency in the revised title and with other titles of the United States Code.
In subsection (a), before clause (1), the words "partnership, association" are omitted because of the definition of person in 1:1.
In subsection (b), before clause (1), the words "in this section or . . . other" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1138.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1311 | 40:305. | R.S. §3752. |
§1312. Release of real estate in certain cases
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1138.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1312 | 40:306. | R.S. §3751; Pub. L. 89–30, §3, June 2, 1965, 79 Stat. 119. |
In subsection (a), the words "by conveyance, extent, or otherwise" are omitted as unnecessary. The words "General Counsel for the Department of the Treasury" were substituted for "Solicitor of the Treasury" in section 3751 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury. The words "release by deed or otherwise" and "if he is living, or, if such debtor is dead" are omitted as unnecessary.
In subsection (b), the words "the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.)" are substituted for "the internal-revenue laws" for clarity and for consistency in the revised title and with other titles of the Code.
Editorial Notes
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (b), is classified to Title 26, Internal Revenue Code.
§1313. Releasing property from attachment
(a)
(1)
(2)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1138.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1313(a) | 40:308. | R.S. §3753; Pub. L. 89–30, §1(a), June 2, 1965, 79 Stat. 118. |
| 1313(b) | 40:309. | R.S. §3754; Pub. L. 89–30, §1(b), June 2, 1965, 79 Stat. 119. |
In subsection (a)(1), the words "territory, or possession of the United States" are substituted for "or territory" for consistency in the revised title and with other titles of the United States Code. The words "in his discretion" are omitted as unnecessary. The words "General Counsel for the department of Treasury" were substituted for "Solicitor of the Treasury" in section 3753 of the Revised Statutes because section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759) abolished the offices of General Counsel and Assistant General Counsel for the Bureau of Internal Revenue and the offices of Solicitor and Assistant Solicitor of the Treasury and transferred the powers, duties, and functions of those offices to the General Counsel for the Department of the Treasury.
In subsection (b), the words "in the court of last resort to which the Attorney General may deem proper to cause such proceedings to be carried", "to all intents and purposes", "and the same is by such judgment found to be due", and "duly" are omitted as unnecessary.
§1314. Easements
(a)
(1)
(2)
(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 section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54;
(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)
(b)
(c)
(d)
(1)
(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)
(3)
(e)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1139; Pub. L. 113–287, §5(j)(4), Dec. 19, 2014, 128 Stat. 3269.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1314(a) | 40:319c. | Pub. L. 87–852, Oct. 23, 1962, 76 Stat. 1129. |
| 1314(b) | 40:319 (1st, 2d sentences). | |
| 1314(c) | 40:319 (3d, last sentences). | |
| 1314(d) | 40:319a. | |
| 1314(e) | 40:319b. | |
| 1314(f) | 40:319 note, 319a note, 319b note, 319c note. | Pub. L. 94–579, title VII, §706(a) (related to the Act of Oct. 23, 1962 (Pub. L. 87—852, 76 Stat. 1129)), Oct. 21, 1976, 90 Stat. 2793. |
In subsection (a), the text of 40:319c(c) is omitted because of 1:1. In clause (3), the words "territories and" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the words "for a right-of-way or other purpose" are omitted as unnecessary.
In subsection (c), the words "affected" and "concerned" before "a notice" are omitted as unnecessary. The words "chief executive officer" are substituted for "Governor" for clarity.
Editorial Notes
Amendments
2014—Subsec. (a)(2)(A)(ii). Pub. L. 113–287 substituted "section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54" for "the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act)".
§1315. Law enforcement authority of Secretary of Homeland Security for protection of public property
(a)
(b)
(1)
(2)
(A) enforce Federal laws and regulations for the protection of persons and property;
(B) carry firearms;
(C) make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
(D) serve warrants and subpoenas issued under the authority of the United States;
(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and
(F) carry out such other activities for the promotion of homeland security as the Secretary may prescribe.
(c)
(1)
(2)
(d)
(1)
(2)
(A) extend to property referred to in paragraph (1) the applicability of regulations prescribed under this section and enforce the regulations as provided in this section; or
(B) utilize the authority and regulations of the requesting agency if agreed to in writing by the agencies.
(3)
(e)
(f)
(g)
(1) preclude or limit the authority of any Federal law enforcement agency; or
(2) restrict the authority of the Administrator of General Services to promulgate regulations affecting property under the Administrator's custody and control.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1140; Pub. L. 107–296, title XVII, §1706(b)(1), Nov. 25, 2002, 116 Stat. 2316.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 1315(a) | 40:318(a). | June 1, 1948, ch. 359, §1, 62 Stat. 281; Pub. L. 100–678, §8(a), (b), Nov. 17, 1988, 102 Stat. 4052. |
| 1315(b) | 40:318(b). | |
| 1315(c) | 40:318b (words before semicolon). | June 1, 1948, ch. 359, §3, 62 Stat. 281; Pub. L. 100–678, §8(a), (c)(2), Nov. 17, 1988, 102 Stat. 4052, 4053. |
| 1315(d) | 40:318b (words after semicolon). | |
| 1315(e) | 40:318d. | June 1, 1948, ch. 359, §5, as added Pub. L. 87–275, Sept. 22, 1961, 75 Stat. 574. |
| 1315(f) | 40:318a. | June 1, 1948, ch. 359, §2, 62 Stat. 281; Pub. L. 100–678, §8(a), (c)(1), Nov. 17, 1988, 102 Stat. 4052, 4053. |
| 1315(g) | 40:318c. | June 1, 1948, ch. 359, §4, 62 Stat. 281; Pub. L. 104–201, div. A, title X, §1067, Sept. 23, 1996, 110 Stat. 2654. |
In this section, the word "duly" is omitted as unnecessary.
In subsection (e), the words "who have been" are omitted as unnecessary.
In subsection (g)(1), the words "fined under title 18" are substituted for "fined not more than $50" for consistency with chapter 227 of title 18.
In subsection (g)(2)(B), the words "similar offense" are substituted for "like or similar offense" to eliminate unnecessary words. The words "of the United States" are added for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
References in Text
The Homeland Security Act of 2002, referred to in subsecs. (a) and (b)(1), is Pub. L. 107–296, Nov. 25, 2002, 116 Stat. 2135, which is classified principally to chapter 1 (§101 et seq.) of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 101 of Title 6 and Tables.
Amendments
2002—Pub. L. 107–296 amended catchline and text generally. Prior to amendment, text read as follows:
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
"(g)
"(1)
"(2)
"(A)
"(B)
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the Federal Protective Service of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Delegation of Authority
Pub. L. 107–296, title XVII, §1706(b)(2), Nov. 25, 2002, 116 Stat. 2318, provided that: "The Secretary may delegate authority for the protection of specific buildings to another Federal agency where, in the Secretary's discretion, the Secretary determines it necessary for the protection of that building."
[For definition of "Secretary" as used in section 1706(b)(2) of Pub. L. 107–296, set out above, see section 101(16) of Title 6, Domestic Security.]
Improving Federal Building Security
Pub. L. 118–157, Dec. 17, 2024, 138 Stat. 1719, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Improving Federal Building Security Act of 2024'.
"SEC. 2. RESPONDING TO SECURITY RECOMMENDATIONS.
"(a)
"(1)
"(2)
"(A) consists of representatives of—
"(i) all Federal tenants in a specific non-military facility;
"(ii) the security organization for the facility; and
"(iii) the owning or leasing Federal tenant; and
"(B) is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in the facility.
"(3)
"(b)
"(1)
"(A) respond to the Secretary—
"(i) indicating if the Facility Security Committee intends to adopt or reject the recommendation; and
"(ii) describing the financial implications of adopting or rejecting the recommendation, including if the benefits outweigh the costs; and
"(B) if the Facility Security Committee intends to reject the recommendation, provide the Secretary a justification for accepting the risk posed by rejecting the recommendation.
"(2)
"(A) develop a method to monitor the recommendations and responses described in paragraph (1); and
"(B) take reasonable action to ensure Facility Security Committee responsiveness under paragraph (1).
"(c)
"(1)
"(A) a summary of the security recommendations issued by the Federal Protective Service to Facility Security Committees to improve facility security;
"(B) the percentage of recommendations described in subparagraph (A) that were accepted and the percentage of such recommendations that were rejected;
"(C) the percentage of Facility Security Committees that failed to respond to a recommendation described in subparagraph (A) in a timely manner;
"(D) a summary of justifications provided by Facility Security Committees if a Facility Security Committee rejected a recommendation described in subparagraph (A);
"(E) a summary of the financial implications of Facility Security Committee responses to recommendations described in subparagraph (A), including if the benefits outweigh the costs;
"(F) an analysis of steps taken by Facility Security Committees to mitigate the risk posed by rejecting a recommendation described in subparagraph (A); and
"(G) an analysis of any trends found among the findings in the report.
"(2)
"(3)
"(d)
"(1) all surveillance technology recommended by the Federal Protective Service; and
"(2) any intended use of the technology described in paragraph (1).
"(e)
"(f)
"(1)
"(2)
"(g)
"(1) General Services Administration facilities under protection of the Federal Protective Service; and
"(2) non-General Services Administration facilities that pay fees to the Federal Protective Service for protection."
Federal Protective Service Guard Contracting Reform
Pub. L. 110–356, Oct. 8, 2008, 122 Stat. 3996, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Protective Service Guard Contracting Reform Act of 2008'.
"SEC. 2. FEDERAL PROTECTIVE SERVICE CONTRACTS.
"(a)
"(1)
"(A) shall promulgate regulations establishing guidelines for the prohibition of contract awards for the provision of guard services under the contract security guard program of the Federal Protective Service to any business concern that is owned, controlled, or operated by an individual who has been convicted of a felony; and
"(B) may consider permanent or interim prohibitions when promulgating the regulations.
"(2)
"(A) identify which serious felonies may prohibit a contractor from being awarded a contract;
"(B) require contractors to provide information regarding any relevant felony convictions when submitting bids or proposals; and
"(C) provide guidelines for the contracting officer to assess present responsibility, mitigating factors, and the risk associated with the previous conviction, and allow the contracting officer to award a contract under certain circumstances.
"(b)
"SEC. 3. REPORT ON GOVERNMENT-WIDE APPLICABILITY.
"Not later than 18 months after the date of enactment of the [probably should be "this"] Act, the Administrator for Federal Procurement Policy shall submit a report on establishing similar guidelines government-wide to the Committee on Homeland Security and Governmental Affairs and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives."
SUBTITLE II—PUBLIC BUILDINGS AND WORKS
PART A—GENERAL
PART B—UNITED STATES CAPITOL
PART C—FEDERAL BUILDING COMPLEXES
PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA
PART A—GENERAL
CHAPTER 31—GENERAL
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS
SUBCHAPTER II—ACQUIRING LAND
SUBCHAPTER III—BONDS
SUBCHAPTER IV—WAGE RATE REQUIREMENTS
SUBCHAPTER V—VOLUNTEER SERVICES
SUBCHAPTER VI—MISCELLANEOUS
1 Section catchline amended by Pub. L. 113–50 without corresponding amendment of chapter analysis.
2 Section catchline amended by Pub. L. 111–8 without corresponding amendment of chapter analysis.
SUBCHAPTER I—OVERSIGHT AND REGULATION OF PUBLIC BUILDINGS
§3101. Public buildings under control of Administrator of General Services
All public buildings outside of the District of Columbia and 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3101 | 40:285. | July 1, 1898, ch. 546, §1 (6th complete par. on p. 614), 30 Stat. 614. |
The word "subtreasuries" in the 6th complete paragraph on p. 614 of section 1 of the Act of July 1, 1898 (ch. 546, 30 Stat. 614), is omitted because section 1 (words in par. under heading "Independent Treasury") of the Act of May 29, 1914 (ch. 214, 41 Stat. 654) discontinued subtreasuries. The word "post-offices" in section 1 is omitted because section 1 of Executive Order No. 6166 (eff. June 10, 1933) transferred administration of post office buildings to the Post Office Department. The words "courthouses, customhouses, appraiser's stores, barge offices, and other" are omitted as unnecessary. The words "or are in course of construction" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Treasury Department" and "Secretary of the Treasury" [subsequently changed to "Federal Works Agency" and "Federal Works Administrator" because of sections 301 and 303, respectively, of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
Statutory Notes and Related Subsidiaries
Missing Children Procedures in Public Buildings
Pub. L. 108–21, title III, subtitle D, Apr. 30, 2003, 117 Stat. 665, provided that:
"SEC. 361. SHORT TITLE.
"This subtitle may be cited as the 'Code Adam Act of 2003'."
"SEC. 362. DEFINITIONS.
"In this subtitle, the following definitions apply:
"(1)
"(2)
"(3)
"(A) with respect to a public building owned or leased for use by an Executive agency—
"(i) except as otherwise provided in this paragraph, the Administrator of General Services;
"(ii) in the case of the John F. Kennedy Center for the Performing Arts, the Board of Trustees of the John F. Kennedy Center for the Performing Arts;
"(iii) in the case of buildings under the jurisdiction, custody, and control of the Smithsonian Institution, the Board of Regents of the Smithsonian Institution; or
"(iv) in the case of another public building for which an Executive agency has, by specific or general statutory authority, jurisdiction, custody, and control over the building, the head of that agency;
"(B) with respect to the Supreme Court Building, the Marshal of the Supreme Court; with respect to the Thurgood Marshall Federal Judiciary Building, the Director of the Administrative Office of United States Courts; and with respect to all other public buildings owned or leased for use by an establishment in the judicial branch of government, the General Services Administration in consultation with the United States Marshals Service; and
"(C) with respect to a public building owned or leased for use by an establishment in the legislative branch of government, the Capitol Police Board.
"(4)
"(5)
"(6)
SEC. 363. PROCEDURES IN PUBLIC BUILDINGS REGARDING A MISSING OR LOST CHILD.
"(a)
"(b)
"(1) Notifying security personnel that a child is missing.
"(2) Obtaining a detailed description of the child, including name, age, eye and hair color, height, weight, clothing, and shoes.
"(3) Issuing a Code Adam alert and providing a description of the child, using a fast and effective means of communication.
"(4) Establishing a central point of contact.
"(5) Monitoring all points of egress from the building while a Code Adam alert is in effect.
"(6) Conducting a thorough search of the building.
"(7) Contacting local law enforcement.
"(8) Documenting the incident."
Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands
Pub. L. 104–52, title VI, §636, Nov. 19, 1995, 109 Stat. 507, known as the "Prohibition of Cigarette Sales to Minors in Federal Buildings and Lands Act", required the Administrator of General Services and the head of each Federal agency to promulgate regulations, to be reported to Congress, prohibiting the sale of tobacco products in vending machines or distribution of free samples of tobacco products located in or around any Federal building under the jurisdiction of the Administrator or agency head, and provided that the appropriate congressional committees would promulgate regulations prohibiting tobacco sales in vending machines in certain congressional buildings.
Executive Documents
Executive Order No. 13967
Ex. Ord. No. 13967, Dec. 18, 2020, 85 F.R. 83739, which related to promoting traditional and classical architecture for Federal public buildings, was revoked by Ex. Ord. No. 14018, §1, Feb. 24, 2021, 86 F.R. 11855.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3102 | 40:298d. | June 16, 1949, ch. 218, title IV, §410, 63 Stat. 200; Pub. L. 85–542, July 18, 1958, 72 Stat. 399. |
The words "notwithstanding any other provision of law" and "rename" are omitted as unnecessary.
§3103. Admission of guide dogs or other service animals accompanying individuals with disabilities
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3103(a) | 40:291 (1st sentence). | Dec. 10, 1941, ch. 563, 55 Stat. 796. |
| 3103(b) | 40:291 (last sentence). |
In subsection (a), the words "Seeing-eye dogs or other" are omitted as unnecessary. The words "or other service animals" are added, and the words "individuals with disabilities" are substituted for "blind masters", because of section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and Part 39 of Title 28 of the Code of Federal Regulations, which expanded the coverage of the source provision to all service animals and to all individuals with disabilities.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3104 | 40:283. | May 27, 1908, ch. 200 1 [sic] (7th complete par. on p. 327), 35 Stat. 327. |
The words "Administrator of General Services" are substituted for "Supervising Architect of the Treasury" [subsequently changed to "Secretary of the Treasury" because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and to "Federal Works Administrator" because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1143.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3105 | 40:286. | Mar. 3, 1893, ch. 211, §3, 27 Stat. 715. |
The words "On and after March 3, 1893" are omitted as obsolete.
SUBCHAPTER II—ACQUIRING LAND
§3111. Approval of sufficiency of title prior to acquisition
(a)
(b)
(1)
(2)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3111(a) | 40:255 (1st par.). | R.S. §355 (1st–5th pars.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Pub. L. 91–393, §1, Sept. 1, 1970, 84 Stat. 835. |
| 3111(b) | 40:255 (2d, 3d pars.). | |
| 3111(c) | 40:255 (4th par.). | |
| 3111(d) | 40:255 (5th par.). |
In subsection (d), the words "in any manner" are omitted as unnecessary.
§3112. Federal jurisdiction
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3112(a) | 40:255 (last par. 1st sentence words before semicolon). | R.S. §355 (last par.); June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083. |
| 3112(b) | 40:255 (last par. 1st sentence words after semicolon). | |
| 3112(c) | 40:255 (last par. last sentence). |
Subsection (a) is substituted for 40:255 (last par. 1st sentence words before semicolon) to eliminate unnecessary words.
In subsection (b), the words "exclusive or partial" are omitted as unnecessary.
§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 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1144.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3113 | 40:257. | Aug. 1, 1888, ch. 728, §1, 25 Stat. 357; June 25, 1948, ch. 646, §6, 62 Stat. 986. |
The words "the Secretary of the Treasury or any other" are omitted as unnecessary. The reference to section 258 is omitted because 40:258 is superseded by rule 71A of the Federal Rules of Civil Procedure (28 App.: U.S.C.).
§3114. Declaration of taking
(a)
(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)
(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)
(1)
(2)
(3)
(d)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1145.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3114(a) | 40:258a (1st par.). | Feb. 26, 1931, ch. 307, §1, 46 Stat. 1421; Pub. L. 99–656, §1(1), Nov. 14, 1986, 100 Stat. 3668. |
| 3114(b) | 40:258a (2d par. 1st sentence words before 1st semicolon). | |
| 3114(c)(1) | 40:258a (2d par. 1st sentence words after 1st semicolon, last sentence). | |
| 3114(c)(2), (3) | 40:258a (3d par.). | |
| 3114(d) | 40:258a (last par.). | |
| 3114(e) | 40:258b. | Feb. 26, 1931, ch. 307, §2, 46 Stat. 1422. |
In subsection (a), before clause (1), the words "which has been or may be" are omitted as unnecessary.
In subsection (b)(1), the words "said lands in fee simple absolute, or such less" are omitted as unnecessary.
In subsection (b)(2), the words "deemed to be" are omitted as unnecessary.
§3115. Irrevocable commitment of Federal Government to pay ultimate award when fixed
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3115(a) | 40:258c. | Feb. 26, 1931, ch. 307, §3, 46 Stat. 1422. |
| 3115(b) | 40:258e. | Feb. 26, 1931, ch. 307, §5, 46 Stat. 1422; Pub. L. 91–393, §4, Sept. 1, 1970, 84 Stat. 835. |
In subsection (b), the words "possession of" are omitted as unnecessary.
§3116. Interest as part of just compensation
(a)
(1)
(2)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1146.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3116(a) | 40:258e–1 (less last sentence). | Feb. 26, 1931, ch. 307, §6, as added Pub. L. 99–656, §1(2), Nov. 14, 1986, 100 Stat. 3668; Pub. L. 106–554, §1(a)(7) [§307(a)], Dec. 21, 2000, 114 Stat. 2763A–635. |
| 3116(b) | 40:258e–1 (last sentence). |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3117 | 40:258f. | Oct. 21, 1942, ch. 618, 56 Stat. 797. |
The words "that may have been, or may be" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3118 | 40:258d. | Feb. 26, 1931, ch. 307, §4, 46 Stat. 1422. |
The words "State, territory, or possession of the United States" are substituted for "State or Territory" for consistency in the revised title and with other titles of the United States Code.
SUBCHAPTER III—BONDS
§3131. Bonds of contractors of public buildings or works
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(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)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1147; Pub. L. 109–284, §6(8), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3131(a) | 40:270a(a) (words before cl. (1) related to definition). | Aug. 24, 1935, ch. 642, §1(a)–(c), 49 Stat. 793; Pub. L. 95–585, Nov. 2, 1978, 92 Stat. 2484; Pub. L. 103–355, title IV, §4104(b)(1)(B), Oct. 13, 1994, 108 Stat. 3342; Pub. L. 106–49, §2(a), Aug. 17, 1999, 113 Stat. 231. |
| 40:270d. | Aug. 24, 1935, ch. 642, §4, 49 Stat. 794. | |
| 3131(b) | 40:270a(a) (words before cl. (1) related to furnishing bond), (1), (2). | |
| 40:270d–1. | Aug. 24, 1935, ch. 642, §5, as added Pub. L. 103–355, title IV, §4104(b)(1)(A), Oct. 13, 1994, 108 Stat. 3341. | |
| 3131(c) | 40:270a(d). | Aug. 24, 1935, ch. 642, §1(d), as added Pub. L. 89–719, title I, §105(b), Nov. 2, 1966, 80 Stat. 1139. |
| 3131(d) | 40:270a(b). | |
| 3131(e) | 40:270a(c). |
In subsection (a), the text of 40:270d is omitted because of 1:1.
In subsections (b) and (c), the words "or sureties" are omitted because of 1:1.
References in Text
The Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified to Title 26, Internal Revenue Code.
Editorial Notes
Amendments
2006—Subsec. (e). Pub. L. 109–284 substituted "To" for "to" in heading.
§3132. Alternatives to payment bonds provided by Federal Acquisition Regulation
(a)
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3132 | 40:270a note. | Pub. L. 103–355, title IV, §4104(b)(2), Oct. 13, 1994, 108 Stat. 3342. |
§3133. Rights of persons furnishing labor or material
(a)
(b)
(1)
(2)
(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)
(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)
(5)
(c)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1148; Pub. L. 109–284, §6(9), (10), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3133(a) | 40:270c. | Aug. 24, 1935, ch. 642, §3, 49 Stat. 794; Pub. L. 86–135, §2, Aug. 4, 1959, 73 Stat. 279; Pub. L. 98–269, Apr. 18, 1984, 98 Stat. 156. |
| 3133(b)(1), (2) | 40:270b(a). | Aug. 24, 1935, ch. 642, §2(a), (b), 49 Stat. 794; Pub. L. 86–135, §1, Aug. 4, 1959, 73 Stat. 279; Pub. L. 106–49, §2(b), Aug. 17, 1999, 113 Stat. 231. |
| 3133(b)(3)– (5) | 40:270b(b). | |
| 3133(c) | 40:270b(c). | Aug. 24, 1935, ch. 642, §2(c), as added Pub. L. 106–49, §2(c), Aug. 17, 1999, 113 Stat. 231. |
In subsection (b)(1), the words "may bring a civil action" are substituted for "shall have the right to sue" for consistency in the revised title and with other titles of the United States Code. The words "or sums" are omitted because of 1:1.
In subsection (b)(2), the words "to the contractor at any place he maintains an office or conducts his business, or his residence, or in any manner in which the United States marshal of the district in which the public improvement is situated is authorized by law to serve summons" are restated to reflect the probable intent of Congress. See H. Rept. 106–277, Part 1, 106th Cong., 1st Sess., pp. 4, 7.
In subsection (c), the words "bring a civil action" are substituted for "sue" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–284, §6(9), substituted "To" for "to" in heading.
Subsec. (c). Pub. L. 109–284, §6(10), inserted heading.
§3134. Waivers for certain contracts
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1149; Pub. L. 109–304, §17(g)(2), Oct. 6, 2006, 120 Stat. 1709; Pub. L. 115–91, div. C, title XXXV, §3502(b)(2), Dec. 12, 2017, 131 Stat. 1910; Pub. L. 115–232, div. C, title XXXV, §3515(c), Aug. 13, 2018, 132 Stat. 2313.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3134(a) | 40:270e. | Apr. 29, 1941, ch. 81, §1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83. |
| 3134(b) | 40:270f. | Apr. 29, 1941, ch. 81, §2, as added Pub. L. 91–469, §39, Oct. 21, 1970, 84 Stat. 1036; Pub. L. 97–31, §12(12), Aug. 6, 1981, 95 Stat. 154. |
In subsection (a), the words "Secretary of Transportation" are substituted for "Secretary of Commerce" because of 49:108. The words "the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of" and "of any kind or nature" are omitted as unnecessary.
In subsection (b), the words "of any kind or nature" are omitted as unnecessary. The words "sections 1535 and 1536 of title 31" are substituted for "the Act of June 30, 1932 (47 Stat. 382, 417–418), as amended [31 U.S.C. 686, 686b]" because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
Editorial Notes
References in Text
An Act to define the functions and duties of the Coast and Geodetic Survey, and for other purposes, referred to in subsec. (c), is act Aug. 6, 1947, ch. 504, 61 Stat. 787, popularly known as the Coast and Geodetic Survey Act, which is classified generally to subchapter II (§883a et seq.) of chapter 17 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.
Amendments
2018—Subsec. (c). Pub. L. 115–232 added subsec. (c).
2017—Subsec. (b). Pub. L. 115–91, §3502(b)(2), substituted "31 or" for "31," and struck out "or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.)," after "title 46,".
2006—Subsec. (b). Pub. L. 109–304 substituted "subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.)".
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
SUBCHAPTER IV—WAGE RATE REQUIREMENTS
§3141. Definitions
In this subchapter, the following definitions apply:
(1)
(2)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, §6(11), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3141(1) | (no source). | |
| 3141(2) | 40:276a(b) (1st par. words before proviso). | Mar. 3, 1931, ch. 411, §1(b) (1st par. words before proviso), as added Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 239. |
Clause (1) is added for clarity.
Editorial Notes
References in Text
The Davis-Bacon Act, referred to in par. (1), is act of Mar. 3, 1931, ch. 411, 46 Stat. 1494, which was classified generally to sections 276a to 276a–5 of former Title 40, Public Buildings, Property, and Works, and was repealed and reenacted as sections 3141–3144, 3146, and 3147 of this title by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
Amendments
2006—Par. (1). Pub. L. 109–284 substituted "1494)" for "1494".
§3142. Rate of wages for laborers and mechanics
(a)
(b)
(c)
(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)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1150; Pub. L. 109–284, §6(12), (13), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3142(a), (b) | 40:276a(a) (words before 1st semicolon). | Mar. 3, 1931, ch. 411, §1(a), 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, §1, 54 Stat. 399; Pub. L. 86–624, §26, July 12, 1960, 74 Stat. 418; Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 238. |
| 3142(c) | 40:276a(a) (words after 1st semicolon). | |
| 3142(d) | 40:276a(b) (1st par. proviso). | Mar. 3, 1931, ch. 411, §1(b) (1st par. proviso, last par.), as added Pub. L. 88–349, §1, July 2, 1964, 78 Stat. 239. |
| 3142(e) | 40:276a(b) (last par.). |
In subsection (a), the words "a State" are substituted for "the geographical limits of the States of the Union" for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (b), the words "city, town, village, or other" are omitted as unnecessary.
In subsection (d), the words "of a type" are omitted as unnecessary. The words "basic hourly rate of pay" are substituted for "rate of pay described in paragraph (1)" for clarity.
Editorial Notes
Amendments
2006—Subsec. (d). Pub. L. 109–284, §6(12), inserted "of this title" after "amount referred to in section 3141(2)(B)".
Subsec. (e). Pub. L. 109–284, §6(13), inserted "of this title" after "determined under section 3141(2)(B)".
§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 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1151.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3143 | 40:276a–1. | Mar. 3, 1931, ch. 411, §2, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
The words "The Government may have the work completed" are substituted for "and to prosecute the work to completion . . . thereby" for clarity.
§3144. Authority to pay wages and list contractors violating contracts
(a)
(1)
(2)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152; Pub. L. 113–50, §2(a), Nov. 21, 2013, 127 Stat. 578.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3144(a)(1) | 40:276a–2(a) (1st sentence words before semicolon). | Mar. 3, 1931, ch. 411, §3, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
| 3144(a)(2) | 40:276a–2(b). | |
| 3144(b) | 40:276a–2(a) (1st sentence words after semicolon, last sentence). |
In subsection (b), the words "or firms" are omitted as being included in "persons".
Editorial Notes
Amendments
2013—Pub. L. 113–50, §2(a)(1), struck out "of Comptroller General" after "Authority" in section catchline.
Subsec. (a)(1). Pub. L. 113–50, §2(a)(2), substituted "Secretary of Labor" for "Comptroller General".
§3145. Regulations governing contractors and subcontractors
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3145(a) | 40:276c (1st sentence). | June 13, 1934, ch. 482, §2, 48 Stat. 948; May 24, 1949, ch. 139, §134, 63 Stat. 108; Pub. L. 85–800, §12, Aug. 28, 1958, 72 Stat. 967. |
| 3145(b) | 40:276c (last sentence). |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1152.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3146 | 40:276a–3. | Mar. 3, 1931, ch. 411, §4, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1012. |
§3147. Suspension of this subchapter during a national emergency
The President may suspend the provisions of this subchapter during a national emergency.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3147 | 40:276a–5. | Mar. 3, 1931, ch. 411, §6, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1013. |
Statutory Notes and Related Subsidiaries
Termination of War and Emergencies
Joint Res. July 25, 1947, ch. 327, §3, 61 Stat. 451, provided that in the interpretation of former 40 U.S.C. 276a–5, the date July 25, 1947, was to be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on September 8, 1939, and May 27, 1941.
§3148. Application of this subchapter to certain contracts
This subchapter applies to a contract authorized by law that is made without regard to section 6101(b) to (d) of title 41, or on a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, if this subchapter otherwise would apply to the contract.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153; Pub. L. 111–350, §5(l)(14), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3148 | 40:276a–7. | Mar. 23, 1941, ch. 26 (last proviso in 5th complete par. on p. 53), 55 Stat. 53; Aug. 21, 1941, ch. 395 (last proviso in 14th par. on p. 664), 55 Stat. 664. |
The words "this subchapter" are substituted for "such Act" to correct the reference as stated in 40:276a–7.
Editorial Notes
Amendments
2011—Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
SUBCHAPTER V—VOLUNTEER SERVICES
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3161 | 40:276d. | Pub. L. 103–355, title VII, §7302, Oct. 13, 1994, 108 Stat. 3382. |
§3162. Waiver for individuals who perform volunteer services
(a)
(1) who volunteers to perform a service directly to a state or local government, a public agency, or a public or private nonprofit recipient of federal assistance—
(A) for civic, charitable, or humanitarian reasons;
(B) only for the personal purpose or pleasure of the individual;
(C) without promise, expectation, or receipt of compensation for services rendered, except as provided in subsection (b); and
(D) freely and without pressure or coercion, direct or implied, from any employer;
(2) whose contribution of service is not for the direct or indirect benefit of any contractor otherwise performing or seeking to perform work on the same project for which the individual is volunteering;
(3) who is not employed by and does not provide services to a contractor or subcontractor at any time on the federally assisted or insured project for which the individual is volunteering; and
(4) who otherwise is not employed by the same public agency or recipient of federal assistance to perform the same type of services as those for which the individual proposes to volunteer.
(b)
(1)
(2)
(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)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1153.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3162(a) | 40:276d–1(a). | Pub. L. 103–355, title VII, §§7303, 7304, Oct. 13, 1994, 108 Stat. 3382. |
| 40:276d–2. | ||
| 40:276d–3. | Pub. L. 103–355, title VII, §7305, Oct. 13, 1994, 108 Stat. 3384; Pub. L. 104–208, div. A, §101(e) [title VII, §709(a)(4)], Sept. 30, 1996, 110 Stat. 3009–312. | |
| 3162(b) | 40:276d–1(b). | |
| 3162(c) | 40:276d–1(c). |
In subsection (a), the references to sections 254b and 254c of title 42 in 40:276d–3 are omitted. Sections 329 and 330 of the Public Health Service Act were omitted in the general amendment of subpart I of part D of title III of the Act (42:254b et seq.) by sections 2 and 3(a) of the Health Care Consolidation Act of 1996 (Public Law 104–299, 110 Stat. 3626), which enacted new sections 330 and 330A of the Public Health Service Act. Sections 330 and 330A do not refer to the Act of March 3, 1931 (ch. 411, 46 Stat. 1494).
In subsection (b)(1), the words "Volunteers who are performing services directly to a public or private nonprofit entity may not receive those payments" are added for clarity.
Editorial Notes
References in Text
The Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), referred to in subsec. (a), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§5301 et seq.) of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 25 and Tables.
The Indian Health Care Improvement Act, referred to in subsec. (a), is Pub. L. 94–437, Sept. 30, 1976, 90 Stat. 1400, which is classified principally to chapter 18 (§1601 et seq.) of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 25 and Tables.
The Housing and Community Development Act of 1974, referred to in subsec. (a), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.
1 See References in Text note below.
SUBCHAPTER VI—MISCELLANEOUS
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3171 | 40:261. | May 30, 1908, ch. 228, §34, 35 Stat. 545. |
The words "On and after May 30, 1908" are omitted as obsolete. The words "Administrator of General Services" are substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
§3172. Extension of state workers' compensation laws to buildings, works, and property of the Federal Government
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1154.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3172(a) | 40:290 (1st par., last par. words before 1st proviso). | June 25, 1936, ch. 822, 49 Stat. 1938. |
| 3172(b) | 40:290 (last par. 1st proviso). | |
| 3172(c) | 40:290 (last par. last proviso). |
In subsection (a), the words "by purchase or otherwise" and 40:290(last par. words before 1st proviso) are omitted as unnecessary.
Subsection (b) is substituted for 40:290(last par. 1st proviso) to eliminate unnecessary words.
In subsection (c), the words "subchapter I of chapter 81 of title 5" are substituted for "the United States Employees' Compensation Act as amended from time to time (Act of September 7, 1916, 39 Stat. 742, U.S.C., title 5 and supplement, sec. 751 et seq.)" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
§3173. Working capital fund for General Services Administration
(a)
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(A)
(B)
(C)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155; Pub. L. 111–8, div. D, title V, §518(a), (b), (c)(2), Mar. 11, 2009, 123 Stat. 664, 665; Pub. L. 117–103, div. E, title V, §§528, 529, Mar. 15, 2022, 136 Stat. 276.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3173(a), (b) | 40:293 (words before proviso). | May 3, 1945, ch. 106, title I, 101 (2d complete par. on p. 115), 59 Stat. 115. |
| 3173(c) | 40:293 (proviso). |
In subsection (b)(2), the words "Administrator of General Services" are substituted for "Federal Works Agency" and "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
Editorial Notes
References in Text
The Chief Financial Officers Act of 1990, referred to in subsec. (d)(1), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables.
Amendments
2022—Subsec. (b)(1). Pub. L. 117–103, §529, inserted ", including advance payments," after "Amounts received".
Subsec. (d)(1). Pub. L. 117–103, §528, inserted "or for agency-wide acquisition of equipment or systems or the acquisition of services in lieu thereof, as necessary to implement the Act" before period at end.
2009—Pub. L. 111–8, §518(c)(2), substituted "Working capital fund for General Services Administration" for "Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration" in section catchline.
Subsecs. (a) to (c). Pub. L. 111–8, §518(a), amended subsecs. (a) to (c) generally. Prior to amendment, subsecs. (a) to (c) related to establishment and purpose of a working capital fund, components of the fund, and deposit of excess amounts in the Treasury.
Subsec. (d). Pub. L. 111–8, §518(b), added subsec. (d).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3174 | 40:295. | June 14, 1946, ch. 404, §7, 60 Stat. 258. |
The words "Administrator of General Services" are substituted for "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "in and outside the District of Columbia" are omitted as unnecessary. The words "United States Postal Service" are substituted for "Post Office Department" because of section 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 783).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3175 | 40:298a. | June 16, 1949, ch. 218, title IV, §404, 63 Stat. 199. |
The words "Administrator of General Services" are substituted for "Federal Works Administrator" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "United States Postal Service" are substituted for "Postmaster General" because of section 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 783). The words "real, personal, or other" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1156.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3176 | 40:298b. | June 16, 1949, ch. 218, title IV, §405, 63 Stat. 199. |
The words "Sections 1535 and 1536 of title 31" are substituted for "section 601 of the Economy Act, approved June 30, 1932, as amended" because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "Administrator of General Services" are substituted for "Public Buildings Administration" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "Secretary of State" are substituted for "State Department" because of 22:2651.
§3177. Use of photovoltaic energy in public buildings
(a)
(1)
(2)
(A) To accelerate the growth of a commercially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the national consumption of fossil fuel.
(B) To reduce the fossil fuel consumption and costs of the Federal Government.
(C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Government's Million Solar Roof Initiative of 1997.
(D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods.
(E) To develop program performance data to support policy decisions on future incentive programs with respect to energy.
(3)
(A)
(B)
(4)
(A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photovoltaic solar electric systems installed pursuant to this subsection;
(B) develop innovative procurement strategies for the acquisition of such systems; and
(C) transmit to Congress an annual report on the results of the program.
(b)
(1)
(2)
(c)
(1)
(2)
(Added Pub. L. 109–58, title II, §204(a), Aug. 8, 2005, 119 Stat. 653.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005.
CHAPTER 33—ACQUISITION, CONSTRUCTION, AND ALTERATION
Editorial Notes
Amendments
2022—Pub. L. 117–202, §3(b), Oct. 17, 2022, 136 Stat. 2226, added item 3313 and struck out former item 3313 "Use of energy efficient lighting fixtures and bulbs".
2021—Pub. L. 116–333, §2(b), Jan. 13, 2021, 134 Stat. 5114, which directed adding item 3318, relating to availability of Federal building project information, to the table of chapters for chapter 33, was executed by adding it to the table of sections for chapter 33, to reflect the probable intent of Congress.
2019—Pub. L. 116–30, §2(b), July 25, 2019, 133 Stat. 1033, which directed adding item 3318, relating to lactation room in public buildings, after item 3316, was executed by adding it after item 3317, to reflect the probable intent of Congress.
2016—Pub. L. 114–235, §2(b), Oct. 7, 2016, 130 Stat. 965, added items 3314 to 3317 and struck out former items 3314 "Delegation", 3315 "Report to Congress", and 3316 "Certain authority not affected".
2007—Pub. L. 110–140, title III, §323(c)(2), Dec. 19, 2007, 121 Stat. 1591, added items 3313 to 3316 and struck out former items 3313 "Delegation", 3314 "Report to Congress", and 3315 "Certain authority not affected".
1 So in original. Two sections 3318 have been enacted.
§3301. Definitions and nonapplication
(a)
(1)
(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)
(3)
(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)
(5)
(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)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1156.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3301(a)(1) | 40:612(2), (5), (6). | Pub. L. 86–249, §13, Sept. 9, 1959, 73 Stat. 482; Pub. L. 90–448, title VIII, §807(f), Aug. 1, 1968, 82 Stat. 544; Pub. L. 101–73, title VII, §744(g), Aug. 9, 1989, 103 Stat. 438; Pub. L. 102–54, §13(o), June 13, 1991, 105 Stat. 278; Pub. L. 104–208, div. A, title I, §101(f) [title IV, §407(b)], Sept. 30, 1996, 110 Stat. 3009–338. |
| 40:612a(1). | Pub. L. 94–541, title I, §105(1), (2), Oct. 18, 1976, 90 Stat. 2507. | |
| 3301(a)(2) | 40:612(6). | |
| 3301(a)(3) | 40:612(4). | |
| 3301(a)(4) | 40:612(3). | |
| 40:612a(2). | ||
| 3301(a)(5) | 40:612(1). | |
| 40:612a(2). | ||
| 3301(a)(6) | 40:612(7). | |
| 3301(b) | 40:613. | Pub. L. 86–249, §14, Sept. 9, 1959, 73 Stat. 483. |
In subsection (a), the text of 40:612(2) and 612a(1) is omitted because the complete name of the Administrator of General Services is used the first time the term appears in a section. In clause (5)(A), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with 31:9101. In clause (5)(B) and (C), the words "from time to time hereafter" are omitted as unnecessary. In clause (6), the words "territories and" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (b), the text of 40:613(1)–(3) is omitted as obsolete. The reference is to section 241(g) of the Immigration and Nationality Act rather than to section 242(c) to reflect the amendment of sections 241 and 242 by sections 305(a)(3) and 306(a)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208, div. C, 110 Stat. 3009–598, 3009–607).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3302 | 40:601. | Pub. L. 86–249, §2, Sept. 9, 1959, 73 Stat. 479. |
§3303. Continuing investigation and survey of public buildings
(a)
(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)
(1)
(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)
(c)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 113–287, §5(j)(5), Dec. 19, 2014, 128 Stat. 3269.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3303(a) | 40:611(a). | Pub. L. 86–249, §12(a), (b), (d), Sept. 9, 1959, 73 Stat. 482; Pub. L. 92–313, §2(2), (3), June 16, 1972, 86 Stat. 216; Pub. L. 94–541, title I, §103(3), Oct. 18, 1976, 90 Stat. 2506. |
| 3303(b) | 40:611(b). | |
| 3303(c) | 40:611(c). | Pub. L. 86–249, §12(c), as added Pub. L. 94–541, title I, §103(3), Oct. 18, 1976, 90 Stat. 2506. |
| 3303(d) | 40:611(d). |
In subsection (c)(1), the word "historical" is substituted for "historic" to conform to the defined term.
In subsection (c)(2), the word "purchase" is omitted as being included in ["]'acquisition".
Editorial Notes
Amendments
2014—Subsec. (c). Pub. L. 113–287 substituted "section 304101 of title 54" for "title II of the National Historic Preservation Act (16 U.S.C. 470i et seq.)" in introductory provisions.
§3304. Acquisition of buildings and sites
(a)
(b)
(c)
(d)
(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 division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1158; Pub. L. 108–178, §3(1), Dec. 15, 2003, 117 Stat. 2640; Pub. L. 111–350, §5(l)(15), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3304(a) | 40:602. | Pub. L. 86–249, §§3, 5, Sept. 9, 1959, 73 Stat. 479. |
| 3304(b) | 40:604(a). | |
| 3304(c) | 40:604(b). | |
| 3304(d) | 40:604(c). |
In subsections (c) and (d), the words "United States Postal Service" are substituted for "Postmaster General" in subsections (b) and (c) of section 5 of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 479) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
Editorial Notes
Amendments
2011—Subsec. (d)(2). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
2003—Subsec. (b). Pub. L. 108–178 inserted ", by purchase, condemnation, donation, exchange, or otherwise," after "The Administrator may acquire".
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
§3305. Construction and alteration of buildings
(a)
(1)
(2)
(3)
(b)
(1)
(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)
(A)
(B)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1159; Pub. L. 111–350, §5(l)(16), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3305(a) | 40:605. | Pub. L. 86–249, §§6, 9, Sept. 9, 1959, 73 Stat. 479, 481. |
| 3305(b)(1) | 40:603(a). | Pub. L. 86–249, §4, Sept. 9, 1959, 73 Stat. 479; Pub. L. 92–313, §2(1), June 16, 1972, 86 Stat. 216; Pub. L. 100–678, §2, Nov. 17, 1988, 102 Stat. 4049. |
| 3305(b)(2)(A) | 40:603(b). | |
| 3305(b)(2)(B) | 40:606(f) (related to 40:603(b)). | Pub. L. 86–249, §7(f) (related to §4(b)), Sept. 9, 1959, as added Pub. L. 100–678, §4, Nov. 17, 1988, 102 Stat. 4050. |
| 3305(c) | 40:608. |
In subsection (a)(1) and (2), the words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title.
In subsection (b)(2)(B), the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7(f) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
Editorial Notes
Amendments
2011—Subsec. (a)(1), (2). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
§3306. Accommodating federal agencies
(a)
(1)
(2)
(3)
(4)
(5)
(6)
(b)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1160; Pub. L. 113–287, §5(j)(6), Dec. 19, 2014, 128 Stat. 3269.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3306(a)(1) | 40:612a(5). | Pub. L. 94–541, title I, §§102, 105(3)–(8), Oct. 18, 1976, 90 Stat. 2505, 2507. |
| 3306(a)(2) | 40:612a(6). | |
| 3306(a)(3) | 40:612a(7). | |
| 3306(a)(4) | 40:612a(4). | |
| 3306(a)(5) | 40:612a(8). | |
| 3306(a)(6) | 40:612a(3). | |
| 3306(b) | 40:601a(a). | |
| 3306(c) | 40:601a(b). |
In subsection (b)(1), the word "historical" is substituted for "historic" to conform to the defined term.
In subsection (c)(1), the words "chief executive officers of the States" are substituted for "Governors" for clarity and for consistency in the revised title and with other titles of the United States Code. The words "section 6506 of title 31" are substituted for "title IV of the Intergovernmental Cooperation Act of 1968" in section 102(b) of the Public Buildings Cooperative Use Act of 1976 (Public Law 94–541, 90 Stat. 2505) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
Editorial Notes
References in Text
The Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (c)(1), is Pub. L. 89–754, Nov. 3, 1966, 80 Stat. 1255. Title II of the Act is classified generally to subchapter II (§3331 et seq.) of chapter 41 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3331 of Title 42 and Tables.
Amendments
2014—Subsec. (a)(4). Pub. L. 113–287 substituted "chapter 3021 of title 54" for "section 101 of the National Historic Preservation Act (16 U.S.C. 470a)".
Executive Documents
Ex. Ord. No. 13006. Locating Federal Facilities on Historic Properties in Our Nation's Central Cities
Ex. Ord. No. 13006, May 21, 1996, 61 F.R. 26071, as amended by Ex. Ord. No. 13946, §2, Aug. 24, 2020, 85 F.R. 52879; Ex. Ord. No. 14091, §6(c), Feb. 16, 2023, 88 F.R. 10830, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preservation Act (16 U.S.C. 470 et seq.) [see 54 U.S.C. 300101 et seq.] and the Public Buildings Cooperative Use Act of 1976 (90 Stat. 2505) [title I of Pub. L. 94–541, see 40 U.S.C. 3306 and Tables for classification], and in furtherance of and consistent with Executive Order No. 12072 of August 16, 1978 [40 U.S.C. 121 note], and Executive Order No. 11593 of May 13, 1971 [54 U.S.C. 300101 note], it is hereby ordered as follows:
To this end, the Federal Government shall utilize and maintain, wherever operationally appropriate and economically prudent, historic properties and districts, especially those located in our central business areas. When implementing these policies, the Federal Government shall institute practices and procedures that are sensible, understandable, and compatible with current authority and that impose the least burden on, and provide the maximum benefit to, society.
§3307. Congressional approval of proposed projects
(a)
(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)
(1) a brief description of the building to be constructed, altered, or acquired, or the space to be leased, under this chapter;
(2) the location of the building or space to be leased and an estimate of the maximum cost to the Government of the facility to be constructed, altered, or acquired, or the space to be leased;
(3) a comprehensive plan for providing space for all Government officers and employees in the locality of the proposed facility or the space to be leased, having due regard for suitable space which may continue to be available in existing Government-owned or occupied buildings, especially those buildings that enhance the architectural, historical, social, cultural, and economic environment of the locality;
(4) with respect to any project for the construction, alteration, or acquisition of any building, a statement by the Administrator that suitable space owned by the Government is not available and that suitable rental space is not available at a price commensurate with that to be afforded through the proposed action;
(5) a statement by the Administrator of the economic and other justifications for not acquiring a building identified to the Administrator under section 3303(c) of this title as suitable for the public building needs of the Government;
(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;
(7) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, an estimate of the future energy performance of the building or space and a specific description of the use of energy efficient and renewable energy systems, including photovoltaic systems, in carrying out the project; and
(8) a statement of how the proposed project is consistent with the standards and criteria developed under section 11(b) of the Federal Assets Sale and Transfer Act of 2016.
(c)
(d)
(e)
(f)
(g)
(1)
(A) Computer and telecommunications operations.
(B) Secure or sensitive activities related to the national defense or security, except when it would be inappropriate to locate those activities in a public building or other facility identified with the Government.
(C) A permanent courtroom, judicial chamber, or administrative office for any United States court.
(2)
(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.
(h)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1161; Pub. L. 110–140, title III, §323(a), (b), Dec. 19, 2007, 121 Stat. 1589, 1590; Pub. L. 114–287, §17, Dec. 16, 2016, 130 Stat. 1476.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3307(a) | 40:606(a) (1st–3d sentences). | Pub. L. 86–249, §7(a)–(d), Sept. 9, 1959, 73 Stat. 480; Pub. L. 92–313, §2(4), June 16, 1972, 86 Stat. 217; Pub. L. 94–541, title I, §103(1), (2), Oct. 18, 1976, 90 Stat. 2505; Pub. L. 100–678, §§2, 3(a), Nov. 17, 1988, 102 Stat. 4049; Pub. L. 103–437, §14(b)(1), Nov. 2, 1994, 108 Stat. 4590. |
| 3307(b) | 40:606(a) (last sentence). | |
| 3307(c) | 40:606(b). | |
| 3307(d) | 40:606(c). | |
| 3307(e) | 40:606(d). | |
| 3307(f) | 40:606(e). | Pub. L. 86–249, §7(e), as added Pub. L. 100–678, §3(b), Nov. 17, 1988, 102 Stat. 4049. |
| 3307(g) | 40:606(f) (related to this section). | Pub. L. 86–249, §7(f) (related to this section), Sept. 9, 1959, as added Pub. L. 100–678, §4, Nov. 17, 1988, 102 Stat. 4050. |
In this section, the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7 of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 480) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.). The word "purchase" is omitted as being included in "acquire".
In subsection (c), the words "if any" and "as the case may be" are omitted as unnecessary.
In subsection (d), the words "at any time thereafter" are omitted as unnecessary.
In subsection (f)(2)(A), the word "first" is omitted as unnecessary.
Editorial Notes
References in Text
Section 11(b) of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (b)(8), is section 11(b) of Pub. L. 114–287, which is set out in a note under section 1303 of this title.
Amendments
2016—Subsec. (b)(8). Pub. L. 114–287 added par. (8).
2007—Subsec. (b)(7). Pub. L. 110–140, §323(a), added par. (7).
Subsecs. (f) to (h). Pub. L. 110–140, §323(b), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§3308. Architectural or engineering services
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1163; Pub. L. 111–350, §5(l)(17), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3308(a) | 40:609(a). | Pub. L. 86–249, §10, Sept. 9, 1959, 73 Stat. 481. |
| 3308(b) | 40:609(b). | |
| 3308(c) | 40:609(c). |
In subsection (a), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" and the reference to civil service laws in section 10(a) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 31, United States Code.
Editorial Notes
Amendments
2011—Subsec. (a). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
§3309. Buildings and sites in the District of Columbia
(a)
(b)
(c)
(1)
(2)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1163.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3309(a) | 40:607(a). | Pub. L. 86–249, §8(a), (b), Sept. 9, 1959, 73 Stat. 481; Pub. L. 87–476, §§1, 2, June 8, 1962, 76 Stat. 92. |
| 3309(b) | 40:607(b). | |
| 3309(c) | 40:607(c). | Pub. L. 86–249, §8(c), Sept. 9, 1959, as added Pub. L. 87–476, §3, June 8, 1962, 76 Stat. 92. |
| 3309(d) | 40:607(d). | Pub. L. 86–249, §8(d), Sept. 9, 1959, as added Pub. L. 93–72, July 10, 1973, 87 Stat. 169. |
In subsection (b), the words "Council of the District of Columbia" are substituted for "Board of Commissioners of the District of Columbia" [subsequently changed to "District of Columbia Council" because of section 402(431) of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] in section 8(b) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of sections 401 and 404(a) of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 785, 787).
Subsection (d) is substituted for 40:607(d) to eliminate obsolete words.
Editorial Notes
References in Text
The Act of March 4, 1907, referred to in subsec. (c)(1), is act Mar. 4, 1907, ch. 2918, 34 Stat. 1365, which is classified to section 2001 of Title 2, The Congress.
The District of Columbia Stadium Act of 1957, referred to in subsec. (d), is Pub. L. 85–300, Sept. 7, 1957, 71 Stat. 619, which is not classified to the Code.
§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 sections 3105, 3301, and 3303 to 3305 of title 41;
(3) shall include in the solicitation for any lease requiring a prospectus under section 3307 an evaluation factor considering the extent to which the offeror will promote energy efficiency and the use of renewable energy;
(4) shall inspect every building during construction to establish that the specifications established for the building are complied with;
(5) 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
(6) 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164; Pub. L. 110–140, title III, §323(d), Dec. 19, 2007, 121 Stat. 1591; Pub. L. 111–350, §5(l)(18), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3310 | 40:618. | Pub. L. 86–249, §20, as added Pub. L. 100–678, §5, Nov. 17, 1988, 102 Stat. 4050. |
Editorial Notes
Amendments
2011—Par. (2). Pub. L. 111–350 substituted "sections 3105, 3301, and 3303 to 3305 of title 41" for "section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)".
2007—Pars. (3) to (6). Pub. L. 110–140 added par. (3) and redesignated former pars. (3) to (5) as (4) to (6), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1164.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3311 | 40:617. | Pub. L. 86–249, §19, as added Pub. L. 100–678, §5, Nov. 17, 1988, 102 Stat. 4050. |
The words "Notwithstanding any other provision of law" and "commonwealth" are omitted as unnecessary.
§3312. Compliance with nationally recognized codes
(a)
(1)
(2)
(b)
(c)
(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)
(1)
(A) in preparing plans for the building, shall consult with appropriate officials of the State or political subdivision of a State, or both, in which the building will be located;
(B) on request shall submit the plans in a timely manner to the officials for review by the officials for a reasonable period of time not exceeding 30 days; and
(C) shall permit inspection by the officials during construction or alteration of the building, in accordance with the customary schedule of inspections for construction or alteration of buildings in the locality, if the officials provide to the Administrator or the head of the federal agency—
(i) a copy of the schedule before construction of the building is begun; and
(ii) reasonable notice of their intention to conduct any inspection before conducting the inspection.
(2)
(e)
(f)
(g)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1165.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3312(a)(1) | 40:619(g). | Pub. L. 86–249, §21, as added Pub. L. 100–678, §6(a), Nov. 17, 1988, 102 Stat. 4051. |
| 3312(a)(2) | 40:619(h). | |
| 3312(b) | 40:619(a). | |
| 3312(c) | 40:619(b). | |
| 3312(d) | 40:619(c). | |
| 3312(e) | 40:619(d). | |
| 3312(f) | 40:619(e). | |
| 3312(g) | 40:619(f). |
Executive Documents
Ex. Ord. No. 13728. Wildland-Urban Interface Federal Risk Mitigation
Ex. Ord. No. 13728, May 18, 2016, 81 F.R. 32223, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve the Nation's resilience to wildfire, I hereby direct the following:
The Federal Government must continue to take proactive steps to enhance the resilience of buildings that are owned by the Federal Government and are located on Federal land. Each executive department and agency (agency) responsible for implementing this order shall seek to enhance the resilience of its buildings when making investment decisions to ensure continued performance of essential functions and to reduce risks to its buildings' occupants in the event of a wildfire.
(b) Commencing within 90 days of the completion of the implementing guidelines as described in section 3(b)(i) of this order, each agency responsible for the alteration of an existing Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk for which the agency has not completed design shall ensure that the alteration is effectuated in compliance with the IWUIC, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312. When the ICC releases a new version of the IWUIC, a determination shall be made whether the new version is a nationally recognized code for the purposes of 40 U.S.C. 3312(b), as expeditiously as practicable, but not later than 2 years after the release of the new version. If a determination is made that a new version is a nationally recognized code, agencies shall ensure that any Federal building covered by this section for which the agency has not completed design is in compliance with that new version, or an equivalent code, consistent with the provisions of and to the extent required by 40 U.S.C. 3312.
(c) Each agency that owns an existing Federal building above 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk is strongly encouraged to ensure that such existing buildings are in compliance with the IWUIC, or an equivalent code.
(d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall complete a wildfire risk assessment of their existing Federal buildings above 5,000 gross square feet within the wildland-urban interface and are strongly encouraged to consider creating and maintaining a defensible space in compliance with the IWUIC, or an equivalent code, for each of those buildings they determine to be at highest risk.
(e) Each agency that leases space in a building to be constructed for the predominant use of an agency above 5,000 rentable square feet in the wildland-urban interface in an area of greater than moderate wildfire risk is strongly encouraged to ensure that the building is designed and constructed in accord with the IWUIC, or an equivalent code.
(f) Each agency assisting in the financing, through Federal grants or loans, or guaranteeing the financing, through loan or mortgage insurance premiums, of a newly constructed building or of an alteration of an existing building above 5,000 gross square feet within the wildland-urban interface at moderate or greater wildfire risk shall consider updating its procedures for providing the assistance to be consistent with sections 2(a) and 2(b) of this order, to ensure appropriate consideration of wildfire-resistant design and construction.
(g) To the extent permitted by law, the heads of all agencies may:
(i) require higher performance levels than exist in the codes described in section 2(a) of this order;
(ii) apply the requirements within section 2(a) of this order to new buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk; and
(iii) apply the requirements within section 2(b) of this order to existing buildings less than 5,000 gross square feet on Federal land within the wildland-urban interface at moderate or greater wildfire risk.
(h) When calculating whether a building is at moderate or greater wildfire risk, agencies should act in accordance with the methods described in the 2015 edition of the IWUIC, or any subsequent version that is determined to be a nationally recognized code for the purposes of 40 U.S.C. 3312(b), or an equivalent code, or in accordance with an equivalent method.
(i) Each building constructed or altered in accordance with section 2(a) or (b) of this order shall comply with the IWUIC, or an equivalent code, only to the maximum extent feasible as determined by the head of an agency.
(b) The Mitigation Framework Leadership Group (MitFLG) shall:
(i) create implementing guidelines to advise and assist agency compliance with the code requirements within 240 days of the date of this order;
(ii) provide assistance to the agencies in interpreting the implementing guidelines.
(c) When determining whether buildings are located within the wildland-urban interface, agencies shall use the U.S. Department of Agriculture Forest Service's, "The 2010 Wildland-Urban Interface of the Conterminous United States," or an equivalent tool. The Secretary of Agriculture shall provide assistance to the agencies in determining whether buildings are located within the wildland-urban interface.
(d) The heads of agencies whose activities are covered by sections 2(a) and 2(b) of this order shall submit a report once every 2 years to the Chair of the MitFLG on their progress in implementing the order, commencing 2 years from the date of this order.
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law, including the National Historic Preservation Act of 1966, and subject to the availability of appropriations.
(c) This order applies only to buildings within the United States and its territories and possessions.
(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
§3313. Procurement of life-cycle cost effective and energy efficient lighting systems
(a)
(1)
(2)
(b)
(1)
(A) procure the most life-cycle cost effective and energy efficient lighting systems; and
(B) ensure that procurements after the date of enactment of the BRIGHT Act of lighting systems or the individual components of lighting systems maximize life-cycle cost effectiveness and energy efficiency.
(2)
(c)
(d)
(1)
(2)
(A) the compatibility of the lighting system with existing equipment, including consideration of a cost effective retrofit;
(B) whether procurement and use of the lighting system could result in interference with productivity;
(C) the aesthetics relating to the use of the lighting system; and
(D) such other factors as the Administrator determines to be appropriate.
(e)
(f)
(1) the lighting system or the individual components of the lighting system are certified under the Energy Star program established by section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a);
(2) in the case of all light-emitting diode (LED) luminaires, lamps, and systems whose efficacy (lumens per watt) and Color Rendering Index (CRI) meet the Department of Energy requirements for minimum luminaire efficacy and CRI for the Energy Star certification, as verified by an independent third-party testing laboratory that the Administrator and the Secretary of Energy determine conducts its tests according to the procedures and recommendations of the Illuminating Engineering Society of North America, even if the luminaires, lamps, and systems have not received such certification; or
(3) the Administrator and the Secretary of Energy have otherwise determined that the lighting system is energy efficient.
(g)
(h)
(i)
(Added Pub. L. 110–140, title III, §323(c)(1)(B), Dec. 19, 2007, 121 Stat. 1590; amended Pub. L. 117–202, §3(a), Oct. 17, 2022, 136 Stat. 2224.)
Editorial Notes
References in Text
The date of enactment of the BRIGHT Act, referred to in subsec. (b)(1)(B), is the date of enactment of Pub. L. 117–202, which was approved Oct. 17, 2022.
The Buy American Act, referred to in subsec. (i), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
Prior Provisions
A prior section 3313 was renumbered section 3315 of this title.
Amendments
2022—Pub. L. 117–202, §3(a)(3), substituted "Procurement of life-cycle cost effective and energy efficient lighting systems" for "Use of energy efficient lighting fixtures and bulbs" in section catchline.
Subsecs. (a) to (c). Pub. L. 117–202, §3(a)(3), added subsecs. (a) to (c) and struck out former subsecs. (a) to (c) which related to use of energy efficient lighting fixtures and bulbs in new and existing public buildings.
Subsecs. (d), (e). Pub. L. 117–202, §3(a)(3), added subsecs. (d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g), respectively.
Subsec. (f). Pub. L. 117–202, §3(a)(2), (4)(A), redesignated subsec. (d) as (f) and substituted "lighting system" for "lighting fixture or bulb" in introductory provisions. Former subsec. (f) redesignated (h).
Subsec. (f)(1). Pub. L. 117–202, §3(a)(4)(B), substituted "the lighting system or the individual components of the lighting system are" for "the fixture or bulb is".
Subsec. (f)(3). Pub. L. 117–202, §3(a)(4)(C), substituted "lighting system" for "fixture or bulb".
Subsec. (g). Pub. L. 117–202, §3(a)(2), (5), redesignated subsec. (e) as (g) and inserted "procurement and" before "use in public buildings". Former subsec. (g) redesignated (i).
Subsec. (h). Pub. L. 117–202, §3(a)(2), (6), redesignated subsec. (f) as (h) and inserted "procurement and" before "use of energy efficient". Former subsec. (h) struck out.
Pub. L. 117–202, §3(a)(1), struck out subsec. (h). Text read as follows: "The requirements of subsections (a) and (b) shall take effect 1 year after the date of enactment of this subsection."
Subsec. (i). Pub. L. 117–202, §3(a)(2), redesignated subsec. (g) as (i).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as a note under section 1824 of Title 2, The Congress.
Guidance
Pub. L. 117–202, §2, Oct. 17, 2022, 136 Stat. 2224, provided that: "Not later than 1 year after the date of enactment of this Act [Oct. 17, 2022], the Administrator of General Services shall—
"(1) issue guidance to Federal agencies for the procurement and use of the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code) to increase the efficiency, effectiveness, and economy of the Federal Government; and
"(2) publish on the internet or otherwise make available to State, local, and Tribal entities information on ways to improve efficiency, effectiveness, and economy by procuring and using the most life-cycle cost effective and energy efficient lighting systems (as determined in accordance with section 3313 of title 40, United States Code)."
1 See References in Text note below.
§3314. Baby changing facilities in restrooms
(a)
(b)
(1) to a restroom in a public building that is not available or accessible for public use;
(2) to a restroom in a public building that contains clear and conspicuous signage indicating where a restroom with a baby changing table is located on the same floor of such public building;
(3) if new construction would be required to install a baby changing facility in the public building and the cost of such construction is unfeasible; or
(4) to a building not subject to an alteration as set forth in section 3307.
(c)
(1)
(2)
(Added Pub. L. 114–235, §2(a)(2), Oct. 7, 2016, 130 Stat. 964.)
Editorial Notes
References in Text
The Americans with Disabilities Act, referred to in subsec. (a), probably means the Americans with Disabilities Act of 1990, Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
Prior Provisions
A prior section 3314 was renumbered section 3315 of this title.
Statutory Notes and Related Subsidiaries
Applicability
Pub. L. 114–235, §2(c), Oct. 7, 2016, 130 Stat. 965, provided that: "The requirement under section 3314(a) of title 40, United States Code, shall apply in the case of a public building constructed, altered, or acquired by the Administrator of General Services on or after the date that is 1 year after the date of the enactment of this Act [Oct. 7, 2016], beginning on that date."
1 So in original. Probably should be "
§3315. Delegation
(a)
(1) shall, except for the authority contained in section 3305(b) of this title, be delegated on request to the appropriate executive agency when the estimated cost of the project does not exceed $100,000; and
(2) may be delegated to the appropriate executive agency when the Administrator determines that delegation will promote efficiency and economy.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, §3313; Pub. L. 109–304, §17(g)(3), Oct. 6, 2006, 120 Stat. 1709; renumbered §3314, Pub. L. 110–140, title III, §323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered §3315, Pub. L. 114–235, §2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3313(a) | 40:614 (1st sentence). | Pub. L. 86–249, §15, Sept. 9, 1959, 73 Stat. 483. |
| 3313(b) | 40:614 (last sentence). |
In subsection (a), before clause (1), the words "duties and powers" are substituted for "responsibilities and authorities" for consistency in the revised title and with other titles of the United States Code.
Editorial Notes
Prior Provisions
A prior section 3315 was renumbered section 3316 of this title.
Amendments
2016—Pub. L. 114–235 renumbered section 3314 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3313 of this title as this section.
2006—Subsec. (a). Pub. L. 109–304 substituted "The" for "Except for the authority contained in section 3305(b) of this title, the" in introductory provisions and "shall, except for the authority contained in section 3305(b) of this title," for "shall" in par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§3316. Report to Congress
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1166, §3314; renumbered §3315, Pub. L. 110–140, title III, §323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered §3316, Pub. L. 114–235, §2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3314(a) | 40:610(a). | Pub. L. 86–249, §11, Sept. 9, 1959, 73 Stat. 481; Pub. L. 96–470, title II, §211, Oct. 19, 1980, 94 Stat. 2246; Pub. L. 103–437, §14(b)(2), Nov. 2, 1994, 108 Stat. 4591. |
| 3314(b) | 40:610(b). |
In subsection (b), the words "United States Postal Service" are substituted for "Postmaster General" in section 11(b) of the Public Buildings Act of 1959 (Public Law 86–249, 73 Stat. 481) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773). The words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 11(b) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
Editorial Notes
Prior Provisions
A prior section 3316 was renumbered section 3317 of this title.
Amendments
2016—Pub. L. 114–235 renumbered section 3315 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3314 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§3317. Certain authority not affected
This chapter does not limit or repeal the authority conferred by law on the United States Postal Service.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167, §3315; renumbered §3316, Pub. L. 110–140, title III, §323(c)(1)(A), Dec. 19, 2007, 121 Stat. 1590; renumbered §3317, Pub. L. 114–235, §2(a)(1), Oct. 7, 2016, 130 Stat. 964.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3315 | 40:615. | Pub. L. 86–249, §16, Sept. 9, 1959, 73 Stat. 483; Pub. L. 91–375, §6(m)(3), Aug. 12, 1970, 84 Stat. 782. |
The text of 40:615(1) is omitted as obsolete.
Editorial Notes
Amendments
2016—Pub. L. 114–235 renumbered section 3316 of this title as this section.
2007—Pub. L. 110–140 renumbered section 3315 of this title as this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
§3318.1 Lactation room in public buildings
(a)
(1)
(2)
(3)
(A) is shielded from view;
(B) is free from intrusion; and
(C) contains a chair, a working surface, and, if the public building is otherwise supplied with electricity, an electrical outlet.
(b)
(c)
(1) the public building—
(A) does not contain a lactation room for employees who work in the building; and
(B) does not have a room that could be repurposed as a lactation room or a space that could be made private using portable materials, at a reasonable cost; or
(2) new construction would be required to create a lactation room in the public building and the cost of such construction is unfeasible.
(d)
(Added Pub. L. 116–30, §2(a), July 25, 2019, 133 Stat. 1032.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 116–30, §2(c), July 25, 2019, 133 Stat. 1033, provided that: "The amendments made by this section [enacting this section] shall take effect 1 year after the date of the enactment of this Act [July 25, 2019]."
1 Another section 3318 is set out after this section.
§3318.1 Availability of Federal building project information
(a)
(1) The Administrator shall maintain such information in an easily accessible and readable, organized, downloadable, and searchable format.
(2) The Administrator shall ensure the information is current and prospectuses and associated information updated on a regular basis.
(3) The information required under this section shall be inclusive for a period of not less than 10 years.
(4) The information shall include—
(A) the last date on which the relevant webpage was updated;
(B) approval dates of respective authorizing resolutions by each committee of jurisdiction, if applicable;
(C) copies of respective committee of jurisdiction resolutions authorizing such prospectuses, as appropriate;
(D) cross-references to any resubmitted or amended prospectuses and associated resolutions; and
(E) such other information as determined by the Administrator.
(b)
(1)
(2)
(3)
(Added Pub. L. 116–333, §2(a), Jan. 13, 2021, 134 Stat. 5113.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 116–333, which was approved Jan. 13, 2021.
1 Another section 3318 is set out preceding this section.
CHAPTER 35—NON-FEDERAL PUBLIC WORKS
§3501. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3501 | 40:460. | Aug. 2, 1954, ch. 649, title VII, §703, 68 Stat. 641; Pub. L. 90–19, §10(d), May 25, 1967, 81 Stat. 22; Pub. L. 93–383, title IV, §401(c), Aug. 22, 1974, 88 Stat. 691. |
In this section, the text of 40:460(2) is omitted as unnecessary because the complete name of the Secretary of Housing and Urban Development is used the first time the term appears in a section.
In clause (1), the words "or 'public agencies' " are omitted as unnecessary because of 1:1.
In clause (3), the words "Guam, the Virgin Islands" are added to clarify that the provisions of the source law apply to those jurisdictions. The words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
§3502. Planned public works
(a)
(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)
(c)
(d)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1167.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3502 | 40:462(a), (b), (d). | Aug. 2, 1954, ch. 649, title VII, §702(a), (b), (d), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, §112, 69 Stat. 641; Pub. L. 87–70, title V, §502(1), (2), June 30, 1961, 75 Stat. 175; Pub. L. 88–560, title VI, §602(a)–(c), (e), (f), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22; Pub. L. 90–448, title VI, §607, Aug. 1, 1968, 82 Stat. 534; Pub. L. 100–242, title V, §524(1), Feb. 5, 1988, 101 Stat. 1939. |
In subsection (a), the words "section 3324(a) and (b) of title 31" are substituted for "section 3648 of the Revised Statutes, as amended" in section 702(a) of the Housing Act of 1954 (ch. 649, 68 Stat. 641) because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "municipalities and other" are omitted as being included in "public agencies".
In subsection (c), the words "in any way" are omitted as unnecessary.
In subsection (e), the word "rules" is omitted as being included in "regulations".
§3503. Revolving fund
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3503 | 40:462(e). | Aug. 2, 1954, ch. 649, title VII, §702(e), 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, §112, 69 Stat. 641; Pub. L. 87–70, title V, §502(3), (4), June 30, 1961, 75 Stat. 175; Pub. L. 88–560, title VI, §602(a), Sept. 2, 1964, 78 Stat. 799; Pub. L. 89–117, title XI, §1104, Aug. 10, 1965, 79 Stat. 503; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22. |
In subsection (a), the words "heretofore or hereafter" are omitted as unnecessary. The text of 40:462(e)(2) is omitted as obsolete. Title V of the War Mobilization and Reconversion Act of 1944 (50 App.:1671) terminated on June 30, 1947. The Act of October 13, 1949 (40:451 et seq.) authorized the Housing and Home Finance Administrator to make certain loans and advances for the 2-year period immediately following October 13, 1951.
In subsection (b), the words "in addition to amounts authorized to be appropriated for the purposes of this section before September 2, 1964" are omitted as executed.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3504 | 40:462(f). | Aug. 2, 1954, ch. 649, title VII, §702(f), as added Pub. L. 86–372, title VIII, §801, Sept. 23, 1959, 73 Stat. 686; Pub. L. 88–560, title VI, §602(d), Sept. 2, 1964, 78 Stat. 799; Pub. L. 90–19, §10(a) (related to 40:462), May 25, 1967, 81 Stat. 22. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3505 | 40:462(g). | Aug. 2, 1954, ch. 649, title VII, §702(g), as added Pub. L. 87–658, §6, Sept. 14, 1962, 76 Stat. 544; Pub. L. 100–242, title V, §524(2), Feb. 5, 1988, 101 Stat. 1939. |
CHAPTER 37—CONTRACT WORK HOURS AND SAFETY STANDARDS
§3701. Definition and application
(a)
(b)
(1)
(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)
(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)
(A)
(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 chapter 65 of title 41; and
(iii) a contract in an amount that is not greater than $100,000.
(B)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(14), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(19), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3701(a) | (no source). | |
| 3701(b)(1) | 40:329(a) (1st sentence less proviso). | Pub. L. 87–581, title I, §103(a), (b), Aug. 13, 1962, 76 Stat. 358. |
| 3701(b)(2) | 40:329(a) (last sentence). | |
| 3701(b)(3) (A)(i), (ii) | 40:329(b). | |
| 3701(b)(3) (A)(iii) | 40:329(c). | Pub. L. 87–581, title I, §103(c), as added Pub. L. 103–355, title IV, §4104(c)(1), Oct. 13, 1994, 108 Stat. 3342. |
| 3701(b)(3)(B) | 40:329(a) (1st sentence proviso). |
Subsection (a) is added for clarity.
In subsection (b)(1), before clause (A), the words "except as otherwise provided" are omitted as unnecessary.
In subsection (b)(2), before clause (A), the words "Except as otherwise expressly provided" are omitted as unnecessary.
In subsection (b)(3)(A)(ii), the words "Walsh-Healey Act" are substituted for ["]Walsh-Healey Public Contracts Act" to use the correct short title of the Act.
Editorial Notes
References in Text
The Contract Work Hours and Safety Standards Act, referred to in subsec. (a), is title I of Pub. L. 87–581, Aug. 13, 1962, 76 Stat. 357, which was classified generally to subchapter II (§327 et seq.) of chapter 5 of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 101 of title I of Pub. L. 87–581 was classified to section 327 of former Title 40 and was repealed and not reenacted by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
Amendments
2011—Subsec. (b)(3)(A)(ii). Pub. L. 111–350 substituted "chapter 65 of title 41" for "the Walsh-Healey Act (41 U.S.C. 35 et seq.)".
2006—Subsec. (b)(3)(B). Pub. L. 109–284 substituted "3702" for "3902" in heading and text and "paragraph (1)(B)(iii)" for "subsection (a)(2)(C)" in text.
§3702. Work hours
(a)
(b)
(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)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1169; Pub. L. 109–284, §6(15), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3702(a) | 40:328(a). | Pub. L. 87–581, title I, §102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 99–145, title XII, §1241(a), Nov. 8, 1985, 99 Stat. 734. |
| 3702(b) | 40:328(b) (words before (1)), (1), (2) (1st sentence). | |
| 3702(c) | 40:328(b)(2) (2d sentence). | |
| 3702(d) | 40:328(b)(2) (last sentence). |
In subsection (a). the words "Notwithstanding any other provision of law" are omitted as unnecessary.
Editorial Notes
Amendments
2006—Subsec. (d). Pub. L. 109–284 substituted "To" for "to" in heading.
§3703. Report of violations and withholding of amounts for unpaid wages and liquidated damages
(a)
(b)
(1)
(2)
(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)
(c)
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1170; Pub. L. 113–50, §2(b), Nov. 21, 2013, 127 Stat. 578.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3703(a) | 40:330(a) (1st sentence). | Pub. L. 87–581, title I, §104, Aug. 13, 1962, 76 Stat. 358; Pub. L. 97–164, title I, §160(a)(13), Apr. 2, 1982, 96 Stat. 48. |
| 3703(b) | 40:330(a) (2d, last sentences). | |
| 3703(c) | 40:330(b). | |
| 3703(d) | 40:330(c). | |
| 3703(e) | 40:330(d). |
In subsection (a), the words "or possession" are omitted for consistency in this chapter. The words "or days" are omitted because of 1:1.
In subsection (c), the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (d)(4), the words "United States Court of Federal Claims" are substituted for "United States Claims Court" because of section 902(b)(1) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (e)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2013—Subsec. (b)(3). Pub. L. 113–50 substituted "Secretary of Labor" for "Comptroller General" in two places.
§3704. Health and safety standards in building trades and construction industry
(a)
(1)
(2)
(b)
(1)
(2)
(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)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(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)
(4)
(A) in formulating construction safety and health standards and other regulations; and
(B) on policy matters arising in carrying out this section.
(5)
(6)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1172; Pub. L. 109–284, §6(16), (17), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(20), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3704(a) | 40:333(a). | Pub. L. 87–581, title I, §107(a)–(e), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 96; Pub. L. 103–355, title IV, §4104(c)(2), Oct. 13, 1994, 108 Stat. 3342. |
| 3704(b) | 40:333(b), (c). | |
| 3704(c) | 40:333(d). | |
| 3704(d) | 40:333(e). |
In subsection (a)(1), the words "in an amount greater than $100,000" are substituted for "(other than a contract referred to in section 329(c) of this title)" for clarity.
In subsection (b), the text of 40:333(c) is omitted as unnecessary because the district courts have jurisdiction on all civil actions involving a federal question since the requirement of a threshold amount in controversy was deleted. In paragraph (2)(B), the words "guarantee" and "insurance" are added for consistency in this section and with section 3701(b)(1)(B)(iii) of the revised title.
In subsection (c)(2), the words "The Secretary shall end the ban" are substituted for "he [sic] shall terminate the application of the preceding sentence to such contractor or subcontractor (and to any person in which the contractor or subcontractor has a substantial interest)" for clarity and to eliminate unnecessary words. The word "thereafter" is omitted as unnecessary.
In subsection (c)(3), the words "as provided in section 2112 of title 28", "make and", and "upon certiorari or certification" are omitted as unnecessary.
In subsection (d)(2), before clause (A), the words "chapter 33 of title 5" are substituted for "the civil service laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (d)(6), the words "expenses under section 5703 of title 5" are substituted for 40:333(e)(3)(words after semicolon) to eliminate unnecessary words.
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a)(1), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
Amendments
2011—Subsec. (b)(1). Pub. L. 111–350 substituted "sections 6506 and 6507 of title 41" for "sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)".
2006—Subsec. (a)(1). Pub. L. 109–284, §6(16), inserted "of title 5" after "authorized by section 553".
Subsec. (a)(2). Pub. L. 109–284, §6(17), struck out "of this section" after "subsection (d)".
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3705 | 40:333(f). | Pub. L. 87–581, title I, §107(f), as added Pub. L. 91–54, §1, Aug. 9, 1969, 83 Stat. 98. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3706 | 40:331. | Pub. L. 87–581, title I, §105, Aug. 13, 1962, 76 Stat. 359. |
§3707. Contractor certification or contract clause in acquisition of commercial items not required
In a contract to acquire a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41), a certification by a contractor or a contract clause may not be required to implement a prohibition or requirement in this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 111–350, §5(l)(21), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, §836(g)(6), Aug. 13, 2018, 132 Stat. 1874.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3707 | 40:334. | Pub. L. 87–581, title I, §108, as added Pub. L. 103–355, title VIII, §8301(b), Oct. 13, 1994, 108 Stat. 3396. |
Editorial Notes
Amendments
2018—Pub. L. 115–232 substituted "a commercial product (as defined in section 103 of title 41) or a commercial service (as defined in section 103a of title 41)" for "a commercial item (as defined in section 103 of title 41)".
2011—Pub. L. 111–350 substituted "section 103 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 3708 | 40:332. | Pub. L. 87–581, title I, §106, Aug. 13, 1962, 76 Stat. 359. |
The words "shall be fined under title 18" are substituted for "shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine of not to exceed $1,000" for consistency with chapter 227 of title 18. The words "in the discretion of the court having jurisdiction thereof" are omitted as unnecessary.
PART B—UNITED STATES CAPITOL
CHAPTER 51—UNITED STATES CAPITOL BUILDINGS AND GROUNDS
§5101. Definition
In this chapter, the term "Capitol Buildings" means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden) 1 all buildings on the real property described under section 5102(d), all subways and enclosed passages connecting two or more of those structures, and the real property underlying and enclosed by any of those structures.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1174; Pub. L. 108–7, div. H, title I, §1016(a), Feb. 20, 2003, 117 Stat. 364; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(i), Dec. 26, 2007, 121 Stat. 2233; Pub. L. 110–178, §4(b)(1)(A), Jan. 7, 2008, 121 Stat. 2551; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5101 | 40:193m(1). | July 31, 1946, ch. 707, §16(a)(1), 60 Stat. 721; Pub. L. 90–108, §1(d), Oct. 20, 1967, 81 Stat. 277. |
Editorial Notes
Amendments
2010—Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(i). See 2007 Amendment note below.
2008—Pub. L. 110–178 inserted "all buildings on the real property described under section 5102(d)" after "(including the Administrative Building of the United States Botanic Garden)".
2007—Pub. L. 110–161, §1004(d)(2)(A)(i), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Pub. L. 108–7 inserted "all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden)," after "Capitol Power Plant,".
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1016(d) of Pub. L. 108–7, set out as a note under section 1961 of Title 2, The Congress.
Designation of David R. Obey Hearing Room
Pub. L. 117–103, div. I, title I, §115, Mar. 15, 2022, 136 Stat. 511, provided that: "Hereafter, the hearing room of the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee on Appropriations of the House of Representatives (room 2358–C of the Rayburn House Office Building) shall be known and designated as the 'David R. Obey Room'."
Designating Small House Rotunda as "Freedom Foyer"
Pub. L. 114–74, title XII, §1201, Nov. 2, 2015, 129 Stat. 639, provided that: "The first floor of the area of the House of Representatives wing of the United States Capitol known as the small House rotunda is designated the 'Freedom Foyer'."
Designation of Great Hall of the Capitol Visitor Center as "Emancipation Hall"
Pub. L. 110–139, §1, Dec. 18, 2007, 121 Stat. 1491, provided that:
"(a)
"(b)
1 So in original. Probably should be followed by a comma.
§5102. Legal description and jurisdiction of United States Capitol Grounds
(a)
(b)
(1)
(2)
(A)
(B)
(c)
(1)
(A) the National Garden of the United States Botanic Garden;
(B) all grounds contiguous to the Administrative Building of the United States Botanic Garden, including Bartholdi Park; and
(C) all grounds bounded by the curblines of First Street, Southwest on the east; Washington Avenue, Southwest to its intersection with Independence Avenue, and Independence Avenue from such intersection to its intersection with Third Street, Southwest on the south; Third Street, Southwest on the west; and Maryland Avenue, Southwest on the north.
(2)
(3)
(d)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1175; Pub. L. 108–7, div. H, title I, §1016(b), Feb. 20, 2003, 117 Stat. 364; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(ii), Dec. 26, 2007, 121 Stat. 2233; Pub. L. 110–178, §4(b)(1)(B), Jan. 7, 2008, 121 Stat. 2551; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
Definition of United States Capitol Grounds
For provisions directing amendment of this section (or section 1 of the Act of July 31, 1946, as amended (former 40 U.S.C. 193a), which was repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as this section) to include within or exclude from the definition of the United States Capitol Grounds certain parcels or areas, see notes set out below and under section 6101 of this title.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5102 | 40:193a. | July 31, 1946, ch. 707, §1, 60 Stat. 718; Pub. L. 90–108, §1(a), Oct. 20, 1967, 81 Stat. 275; Pub. L. 93–198, §739(g)(7), Dec. 24, 1973, 87 Stat. 829; Pub. L. 96–432, §2, Oct. 10, 1980, 94 Stat. 1852. |
In subsection (b)(2), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789). In subparagraph (A), the words "Washington Avenue Southwest" are substituted for "Canal Street S. W." and "Canal Street Southwest" because of section 2 of D.C. Law 8–39. See section 7–451 note of the District of Columbia Code.
Editorial Notes
References in Text
Section 307E of the Legislative Branch Appropriations Act, 1989, referred to in subsec. (c)(3), is section 307E of Pub. L. 100–458, which was classified to section 216c of former Title 40, Public Buildings, Property, and Works, and was transferred to section 2146 of Title 2, The Congress.
Amendments
2010—Subsec. (d). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(ii). See 2007 Amendment note below.
2008—Subsec. (d). Pub. L. 110–178 added subsec. (d).
2007—Subsec. (d). Pub. L. 110–161, §1004(d)(2)(A)(ii), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
2003—Subsec. (c). Pub. L. 108–7 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of title I of div. H of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–7 applicable to fiscal year 2003 and each fiscal year thereafter, see section 1016(d) of Pub. L. 108–7, set out as a note under section 1961 of Title 2, The Congress.
Authorizing Commercial Activity on Union Square
Pub. L. 113–76, div. I, title II, §213, Jan. 17, 2014, 128 Stat. 436, provided that:
"(a)
"(1)
"(2)
"(b)
"(1)
"(A) may issue a permit authorizing a person to engage in commercial activity in Union Square if the activity is similar to the types of commercial activity permitted in Union Square prior to the transfer of jurisdiction and control of Union Square to the Architect of the Capitol under section 1202 of the Legislative Branch Appropriations Act, 2012 (Public Law 112–74) [2 U.S.C. 1811 note]; and
"(B) under the terms and conditions of such a permit, may require the person to whom the permit is issued to pay a fee to cover any costs incurred by the Architect of the Capitol as a result of the issuance of the permit, if the fees are similar to the fees collected by the Director of the National Park Service for commercial activity permitted in Union Square prior to such transfer of jurisdiction and control.
"(2)
"(c)
"(1)
"(2)
"(3)
"(d)
Transfers and Conveyances Affecting Properties in the District of Columbia and General Provisions
Pub. L. 109–396, title II, §§201, 204, title IV, §§401–407, Dec. 15, 2006, 120 Stat. 2713, 2715, 2718-2720, provided that:
"SEC. 201. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER CERTAIN PROPERTIES.
"(a)
"(1)
"(A) An unimproved portion of Audubon Terrace Northwest, located east of Linnean Avenue Northwest, that is within U.S. Reservation 402 (National Park Service property).
"(B) An unimproved portion of Barnaby Street Northwest, north of Aberfoyle Place Northwest, that abuts U.S. Reservation 545 (National Park Service property).
"(C) A portion of Canal Street Southwest, and a portion of V Street Southwest, each of which abuts U.S. Reservation 467 (National Park Service property).
"(D) Unimproved streets and alleys at Fort Circle Park located within the boundaries of U.S. Reservation 497 (National Park Service property).
"(E) An unimproved portion of Western Avenue Northwest, north of Oregon Avenue Northwest, that abuts U.S. Reservation 339 (National Park Service property).
"(F) An unimproved portion of 17th Street Northwest, south of Shepherd Street Northwest, that abuts U.S. Reservation 339 (National Park Service property).
"(G) An unimproved portion of 30th Street Northwest, north of Broad Branch Road Northwest, that is within the boundaries of U.S. Reservation 515 (National Park Service property).
"(H) Subject to paragraph (2), lands over I–395 bounded by Washington Avenue Southwest, 2nd Street Southwest, and the C Street Southwest ramps to I–295.
"(I) A portion of U.S. Reservation 357 at Whitehaven Parkway Northwest, previously transferred to the District of Columbia in conjunction with the former proposal for a residence for the Mayor of the District of Columbia.
"(2)
"(A) the District of Columbia shall retain administrative jurisdiction over the subsurface area beneath the site for the tunnel, walls, footings, and related facilities;
"(B) C Street Southwest shall not be connected between 2nd Street Southwest and Washington Avenue Southwest without the approval of the Architect of the Capitol; and
"(C) a walkway shall be included across the site of the memorial between 2nd Street Southwest and Washington Avenue Southwest.
"(3)
"(A)
"(i) The northernmost .249 acres is transferred to the Secretary for administration by the Director, who (subject to the approval of the Architect of the Capitol) shall landscape the parcel or use the parcel for special needs parking for the memorial referred to in paragraph (2).
"(ii) The remaining portion is transferred to the Architect of the Capitol.
"(B)
"(b)
"(1) A portion of U.S. Reservation 451.
"(2) A portion of U.S. Reservation 404.
"(3) U.S. Reservations 44, 45, 46, 47, 48, and 49.
"(4) U.S. Reservation 251.
"(5) U.S. Reservation 8.
"(6) U.S. Reservations 277A and 277C.
"(7) Portions of U.S. Reservation 470.
"(c)
"SEC. 204. CONVEYANCE TO ARCHITECT OF THE CAPITOL.
"(a)
"(b)
"(c)
"(d)
"(1) A study is completed that analyzes—
"(A) whether one or more other underutilized, surplus, or excess Federal facilities exist in which such a mail screening facility could be more economically located; and
"(B) whether it would be more efficient and economical for the House of Representatives and Senate to share one mail screening facility.
"(2) The study is submitted to the relevant committees of Congress.
"(3) No fewer than 30 days have lapsed since the date of the submission under paragraph (2).
"SEC. 401. DEFINITIONS.
"In this Act [see Short Title of 2006 Amendment note set out under section 101 of this title], the following definitions apply:
"(1) The term 'Administrator' means the Administrator of General Services.
"(2) The term 'Director' means the Director of the National Park Service.
"(3) The term 'Map' means the map entitled 'Transfer and Conveyance of Properties in the District of Columbia', numbered 869/80460, and dated July 2005, which shall be kept on file in the appropriate office of the National Park Service.
"(4) The term 'park purposes' includes landscaped areas, pedestrian walkways, bicycle trails, seating, opensided shelters, natural areas, recreational use areas, and memorial sites reserved for public use.
"(5) The term 'Secretary' means the Secretary of the Interior.
"SEC. 402. LIMITATION ON COSTS.
"The United States shall not be responsible for paying any costs and expenses, other than costs and expenses related to or associated with environmental liabilities or cleanup actions provided under law, which are incurred by the District of Columbia or any other parties at any time in connection with effecting the provisions of this Act or any amendment made by this Act.
"SEC. 403. AUTHORIZATION OF PARTIES TO ENTER INTO CONTRACTS.
"An officer or employee of the United States or the District of Columbia may contract for payment of costs or expenses related to any properties which are conveyed or for which administrative jurisdiction is transferred under this Act or any amendment made by this Act.
"SEC. 404. NO EFFECT ON COMPLIANCE WITH ENVIRONMENTAL LAWS.
"Nothing in this Act or any amendment made by this Act may be construed to affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
"SEC. 405. CONGRESSIONAL REPORTS.
"(a)
"(b)
"(1) the use and development during the previous 2 years of land for which title is conveyed and land for which administrative jurisdiction is transferred pursuant to this Act; and
"(2) if applicable, how such use and development complies with the Anacostia Waterfront Framework Plan referred to in section 103 of the Anacostia Waterfront Corporation Act of 2004 (sec. 2–1223.03, D.C. Official Code).
"(c)
"SEC. 406. TREATMENT AS PROPERTIES TRANSFERRED TO ARCHITECT OF THE CAPITOL AS PART OF CAPITOL BUILDINGS AND GROUNDS.
"Upon transfer to the Architect of the Capitol of title to, or administrative jurisdiction over, any property pursuant to this Act, the property shall be a part of the United States Capitol Grounds and shall be subject to sections 9, 9A, 9B, 9C, 14, and 16(b) of the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes' [2 U.S.C. 1961, 1966, 1967, 1922, 1969, 1961 note] (relating to the policing of the United States Capitol Grounds) and sections 5101 to 5107 and 5109 of title 40, United States Code (relating to prohibited acts within the United States Capitol Grounds).
"SEC. 407. DEADLINE FOR PROVISION OF DEEDS AND RELATED DOCUMENTS.
"With respect to each property conveyed under this Act or any amendment made by this Act, the Mayor of the District of Columbia, the Administrator, or the Secretary (as the case may be) shall execute and deliver a quitclaim deed or prepare and record a transfer plat, as appropriate, not later than 6 months after the property is conveyed."
Changes in United States Capitol Grounds
Pub. L. 108–447, div. G, title II, §213, Dec. 8, 2004, 118 Stat. 3196, provided that:
"(a)
"(1)
"(2)
"(A) That portion of New Jersey Avenue, N.W., between the northernmost point of the intersection of New Jersey Avenue, N.W., and D Street, N.W., and the northernmost point of the intersection of New Jersey Avenue, N.W., and Louisiana Avenue, N.W., between squares 631 and W632, which remains Federal property, and whose maintenance and repair shall be the responsibility of the District of Columbia.
"(B) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection with Louisiana Avenue, N.W., between squares 630 and W632, which remains Federal property.
"(b)
"(1)
"(2)
"(A)
"(B)
"(3)
"(c)
Pub. L. 104–333, div. I, title V, §514, Nov. 12, 1996, 110 Stat. 4165, provided that:
"(a)
"(1) to assist in the effort to timely establish within the District of Columbia a national memorial to Japanese American patriotism in World War II; and
"(2) to improve management of certain parcels of Federal real property located within the District of Columbia,
by the transferring jurisdiction over such parcels to the Architect of the Capitol, the Secretary of the Interior, and the Government of the District of Columbia.
"(b)
"(1)
"(2)
"(A)
"(i)
"(I) That triangle of Federal land, including any contiguous sidewalks and tree space, that is part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol bound by D Street, N.W., New Jersey Avenue, N.W., and Louisiana Avenue, N.W., in square W632 in the District of Columbia, as shown on the Map Showing Properties Under Jurisdiction of the Architect of the Capitol, dated November 8, 1994.
"(II) That triangle of Federal land, including any contiguous sidewalks and tree space, that is part of the United States Capitol Grounds under the jurisdiction of the Architect of the Capitol bound by C Street, N.W., First Street, N.W., and Louisiana Avenue, N.W., in the District of Columbia, as shown on the Map Showing Properties Under Jurisdiction of the Architect of the Capitol, dated November 8, 1994.
"(ii)
"(iii)
"(B)
"(i) That portion of the triangle of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Secretary of the Interior, including any contiguous sidewalks, bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running in a northeast direction on the west, the major portion of Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on the east, including the contiguous sidewalks.
"(ii) That irregular area of Federal land in Reservation No. 204 in the District of Columbia under the jurisdiction of the Secretary of the Interior, including any contiguous sidewalks, northeast of the real property described in clause (i) bound by Constitution Avenue, N.E., on the north, the branch of Maryland Avenue, N.E., running to the northeast on the south, and the private property on the west known as lot 7, in square 726.
"(iii) The two irregularly shaped medians lying north and east of the property described in clause (i), located between the north and south curbs of Constitution Avenue, N.E., west of its intersection with Second Street, N.E., all as shown in Land Record No. 268, dated November 22, 1957, in the Office of the Surveyor, District of Columbia, in Book 138, Page 58.
"(iv) All sidewalks under the jurisdiction of the District of Columbia abutting on and contiguous to the land described in clauses (i), (ii), and (iii).
"(C)
"(i) That portion of New Jersey Avenue, N.W., between the northernmost point of the intersection of New Jersey Avenue, N.W., and D Street, N.W., and the northernmost point of the intersection of New Jersey Avenue, N.W., and Louisiana Avenue, N.W., between squares 631 and W632, which remains Federal property.
"(ii) That portion of D Street, N.W., between its intersection with New Jersey Avenue, N.W., and its intersection with Louisiana Avenue, N.W., between squares 630 and W632, which remains Federal property.
"(c)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
Pub. L. 97–379, Dec. 22, 1982, 96 Stat. 1935, provided: "That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to include within the definition of the United States Capitol Grounds the following additional areas which are situated as follows:
"(1) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the south side of Pennsylvania Avenue, Northwest, between the west curb of First Street, Northwest and the east curb of Third Street, Northwest.
"(2) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the north side of Maryland Avenue, Southwest, between the west curb of First Street, Southwest and the east curb of Third Street, Southwest.
"(3) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the west side of First Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest.
"(4) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the east side of Third Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest."
Pub. L. 96–432, §1, Oct. 10, 1980, 94 Stat. 1851, provided: "That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a) [now 40 U.S.C. 5102], is amended to include within the definition of the United States Capitol Grounds the following additional areas and portions of streets which are situated as follows:
"(1) that portion of D Street Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast;
"(2) that portion of Second Street Northeast and Southeast from the south curb of F Street Northeast to the south curb of C Street Southeast;
"(3) that portion of Constitution Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast;
"(4) that portion of Pennsylvania Avenue Northwest from the west curb of First Street Northwest to the east curb of Third Street Northwest;
"(5) that portion of Maryland Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest;
"(6) that portion of Constitution Avenue Northwest from the east curb of Second Street Northwest to the east curb of Third Street Northwest;
"(7) that portion of Independence Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest;
"(8) that portion of Maryland Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast;
"(9) that portion of East Capitol Street from the east curb of Second Street Southeast to the east curb of First Street Southeast;
"(10) that portion of Independence Avenue Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast;
"(11) that portion of C Street Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast;
"(12) that portion of North Capitol Street from the south curb of Massachusetts Avenue to the north curb of Louisiana Avenue;
"(13) that portion of New Jersey Avenue Northwest from the north curb of D Street Northwest to the north curb of Louisiana Avenue;
"(14) that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest;
"(15) that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest;
"(16) that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest;
"(17) that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest;
"(18) that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street; and
"(19) all that area contiguous to, and surrounding, square numbered 724 from the property line thereof to the contiguous curb;
"(20) those areas contiguous to, and surrounding, the areas comprising the grounds of the United States Botanic Garden from the property line of such grounds to the contiguous curb;
"(21) all that area contiguous to, and surrounding, the structures comprising the United States Capitol Power Plant, from the building lines of such structures to the contiguous curbs; and
"(22) all that area contiguous to, and surrounding, square numbered 581 from the property line thereof to the contiguous curb."
Pub. L. 93–198, title VII, §739(g)(3), Dec. 24, 1973, 87 Stat. 828, effective Jan. 2, 1975, [title IV of Pub. L. 93–198 having been accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum conducted May 8, 1974], provided in part that the definition of United States Capitol Grounds should include the following streets: Independence Avenue from the west curb of First Street S.E. to the east curb of First Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the north curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the North Curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Delaware Avenue S.W., that part of First Street lying west of the outer face of the curb of the sidewalk on the east side thereof from D Street, N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsylvania Avenue N.W. to the intersection of C Street and Canal Street S.W., including the two circles within such area, but that nothing in the inclusion of such streets should be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect prior to the vesting of authority in the United States Supreme Court police and Library of Congress police by title IV of Pub. L. 93–198 to make arrests in adjacent streets, including First Street N.E. and First Street S.E.
Jurisdiction of the Capitol Police Board and the Architect of the Capitol
Pub. L. 96–432, §3, Oct. 10, 1980, 94 Stat. 1852, provided that: "On and after the effective date of this section [see Pub. L. 96–432, §4, Oct. 10, 1980, 94 Stat. 1853], that portion of C Street Northeast from the west curb of Second Street Northeast to the east curb of First Street Northeast shall be under the exclusive jurisdiction and control of the Capitol Police Board and the Architect of the Capitol in the same manner and to the same extent as such Board or the Architect of the Capitol has over other streets comprising the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof."
United States Supreme Court and Library of Congress; Jurisdictional Boundaries
Pub. L. 96–432, §6(a), (b), Oct. 10, 1980, 94 Stat. 1853, provided that:
"(a) Notwithstanding any other provisions of this Act [enacting section 1962 of Title 2, The Congress, amending section 193a of former Title 40, Public Buildings, Property, and Works, and enacting provisions set out as notes under this section], with respect to those squares occupied by the United States Supreme Court and the Library of Congress, those streets or portions thereof referred to in the first section of this Act [set out as a note above] which surround such squares shall be considered a part of the Capitol Grounds only to the face of the curbs contiguous to such squares.
"(b) Nothing in this Act shall be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect on the date immediately preceding the date of the enactment of this Act [Oct. 10, 1980] vesting authority in the United States Supreme Court Police and the Library of Congress Police to make arrests in adjacent streets."
Architect of the Capitol; Acquisition of Additional Property
Pub. L. 97–12, title I, June 5, 1981, 95 Stat. 64, provided in part: "That upon acquisition of such real property pursuant to this paragraph [incorporating by reference the provisions of Pub. L. 96–432, Oct. 10, 1980, 94 Stat. 1851, which related to the acquisition of property in squares 693, 640, and 582 in the District of Columbia], the structure located on lot 801 of square 693 shall become a part of the House Office Buildings, subject to the provisions of the Act of July 31, 1946 (40 U.S.C. secs. 193a through 193m, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109, see References in Text note under section 1819 of Title 2, The Congress], including any amendments thereto, which are applicable to the Capitol Buildings, and to the Act of March 4, 1907 (40 U.S.C. 175) [now 2 U.S.C. 2001]."
Pub. L. 96–432, §§7–10, Oct. 10, 1980, 94 Stat. 1853, 1854, provided that:
"(b) For the purposes of this section the properties authorized to be acquired hereunder, shall be deemed to extend to the outer face of the curbs of the squares in which they are located.
"(c) There is hereby authorized to be appropriated to the Architect of the Capitol for the fiscal year ending September 30, 1981, the sum of $11,500,000 for the purpose of carrying out the provisions of this section, said appropriation to remain available until expended.
"
Acquisition of Property for Additions to United States Capitol Grounds
Pub. L. 85–429, May 29, 1958, 72 Stat. 148 and Pub. L. 85–591, Aug. 6, 1958, 72 Stat. 495, in part authorized the Architect of the Capitol to acquire certain real property for additions to United States Capitol Grounds.
Other Legislative Documents
Order of the House Office Building Commission
October 17, 1967
WHEREAS, under authority of Section 1202 of Public Law 24, 84th Congress (69 Stat. 41), approved April 22, 1955, known as the "Additional House Office Building Act of 1955", the Architect of the Capitol, at the direction of the House Office Building Commission, acquired during the period of 1955 to 1960, on behalf of the United States, by condemnation, seven squares in the District of Columbia, located south of Independence Avenue, in the vicinity of the United States Capitol Grounds, as a site for an additional office building and other necessary facilities for the House of Representatives and for additions to the United States Capitol Grounds;
WHEREAS, under the aforesaid authority, the Architect of the Capitol, at the direction of the Commission, acquired in 1965 on behalf of the United States, through transfer from the Redevelopment Land Agency, Square 639, also located south of Independence Avenue, for an addition to the United States Capitol Grounds;
WHEREAS, the aforesaid eight squares are identified and bound as follows: Square 635, bounded on the north by Independence Avenue, on the east by Delaware Avenue, on the west by First Street, on the south by C Street; Square 637, bounded on the north by C Street, on the east by South Capitol Street, on the west by Delaware Avenue, on the south by D Street; Square South of 635, bounded on the north by C Street, on the east by Delaware Avenue, on the west and south by Canal Street; Square 691, bounded on the north by C Street, on the east by New Jersey Avenue, on the west by South Capitol Street, on the south by D Street; Square 692, bounded on the north by C Street, on the east by First Street, on the west by New Jersey Avenue, on the south by D Street; Square 732 north, bounded on the north by Independence Avenue, on the east by Second Street, on the west by First Street, on the south by Carroll Street; Square 732 south, bounded on the north by Carroll Street, on the east by Second Street, on the west by First Street, on the south by C Street; and Square 639, bounded on the north by D Street, on the east by South Capitol Street, on the west and south by Canal Street;
WHEREAS, title to all real property in these 8 squares is now vested in fee simple absolute in the United States of America;
WHEREAS, subsequent to acquisition of these 8 squares, under the aforesaid authority, all alleys in these squares were closed and vacated, as were also Delaware Avenue between Independence Avenue and C Street and Carroll Street between First and Second Streets, by the Commissioners of the District of Columbia, and all areas between the property lines and outer faces of curbs surrounding these squares and Square 636 were transferred from the jurisdiction of the Commissioners of the District of Columbia to the jurisdiction of the Architect of the Capitol;
WHEREAS, the Rayburn House Office Building has been constructed on Squares 635 and 636 (the latter square being already owned by the government and having been combined with Square 635 as a site for this building under the aforesaid authority), and the said building is now maintained by the Architect of the Capitol as a part of the House Office Buildings, and the sidewalks and other paved and grassed areas surrounding this building are now maintained as part of the Capitol Grounds;
WHEREAS, underground garages for the House of Representatives have been constructed in Squares 637 and 691 and are now maintained by the Architect of the Capitol as part of the House Office Buildings, and the areas above these garages have been landscaped as a part of the Capitol Grounds;
WHEREAS, Squares South of 635 and 639 have been developed as parking lots for automobiles for Members and employees of the House and are now maintained as part of the Capitol Grounds;
WHEREAS, part of Square 692 is occupied by the Congressional Hotel, acquired by the Architect of the Capitol under the aforesaid authority and leased to the Knott Hotels Corporation for use as a hotel, and the remainder of this square has been converted into a parking lot for automobiles for Members and employees of the House and is now maintained as a part of the Capitol Grounds;
WHEREAS, Squares 732 north and south were acquired as an addition to the Capitol Grounds, are now maintained as part of the Capitol Grounds, and will continue to be so maintained until such time as required for construction thereon of the Library of Congress James Madison Memorial Building, authorized by Public Law 89–260, approved October 19, 1965;
WHEREAS, the aforesaid Additional House Office Building Act provides, in pertinent part, with respect to these properties, as follows:
"* * * At such time or times as may be fixed by order of the House Office Building Commission, (1) any real property acquired under, or made available for the purposes of, this chapter shall become part of the United States Capitol Grounds and subject to the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (40 U.S.C., secs. 193a—193m, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109, see References in Text note under section 1819 of Title 2, The Congress], and (2) the building and all facilities constructed pursuant to section 1201 of this chapter shall become subject to such Act approved July 31, 1946, and to the provisions of law relating to the control, supervision, and care of the House Office Building contained in the Act approved Mar. 4, 1907, as amended (40 U.S.C., sec. 175) [now 2 U.S.C. 2001]."
NOW, THEREFORE, in formal compliance with the aforecited provisions of the Additional House Office Building Act, the House Office Building Commission, in confirmation of actions heretofore taken by the Commission, hereby orders:
1. The Rayburn House Office Building, the subway connecting such building to the Capitol Building, the pedestrian tunnels connecting such building to the Longworth House Office Building, the underground garages in Squares 637 and 691 and the tunnels connecting these garages to the House Office Buildings, are hereby declared to be House Office Buildings and, as such, are hereby made subject to those provisions of the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109], including any amendments to such Act, which are applicable to the Capitol Buildings, and to the Act of Mar. 4, 1907 (40 U.S.C. 175) [now 2 U.S.C. 2001].
2. All other real property acquired by the Architect of the Capitol under authority of the Additional House Office Building Act is hereby declared to be part of the United States Capitol Grounds and is hereby made subject to the Act of July 31, 1946 (40 U.S.C., secs. 193a to 193m, [207a,] 212a, [212a–2, 212a–3,] and 212b) [now 2 U.S.C. 1922, 1961, 1966, 1967, 1969; 40 U.S.C. 5101–5107, 5109], including any amendments to such Act.
3. Nothing herein shall be construed to contravene (a) the provisions of Public Law 89–260 authorizing the future use of Squares 732 north and south as a site for the Library of Congress James Madison Memorial Building; or (b) the authority delegated by the House Office Building Commission to the Select House Committee under authority of H. Res. 514, 90th Congress, pertaining to the direction and supervision of the use and operation of the four House Garages and outdoor parking lots.
4. This order shall become effective immediately.
HOUSE OFFICE BUILDING COMMISSION
1 See References in Text note below.
2 So in original. Probably should be followed by "and grounds".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5103 | 40:193b. | July 31, 1946, ch. 707, §2, 60 Stat. 718. |
The words "by flagging, paving, or otherwise" are omitted as unnecessary.
§5104. Unlawful activities
(a)
(1)
(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)
(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)
(4)
(b)
(c)
(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)
(e)
(1)
(A) except as authorized by regulations prescribed by the Capitol Police Board—
(i) may not carry on or have readily accessible to any individual on the Grounds or in any of the Capitol Buildings a firearm, a dangerous weapon, explosives, or an incendiary device;
(ii) may not discharge a firearm or explosives, use a dangerous weapon, or ignite an incendiary device, on the Grounds or in any of the Capitol Buildings; or
(iii) may not transport on the Grounds or in any of the Capitol Buildings explosives or an incendiary device; or
(B) may not knowingly, with force and violence, enter or remain on the floor of either House of Congress.
(2)
(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—
(i) either House of Congress or a Member, committee, officer, or employee of Congress, or either House of Congress; or
(ii) the Library 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)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1176; Pub. L. 110–161, div. H, title I, §1004(d)(2)(A)(iii), Dec. 26, 2007, 121 Stat. 2234; Pub. L. 110–178, §4(b)(1)(C), Jan. 7, 2008, 121 Stat. 2552; Pub. L. 111–145, §6(d)(1), Mar. 4, 2010, 124 Stat. 54.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5104(a) | 40:193m(2)–(5). | July 31, 1946, ch. 707, §16(a)(2)–(5), 60 Stat. 721; Pub. L. 90–108, §1(d) , Oct. 20, 1967, 81 Stat. 277. |
| 5104(b) | 40:193c. | July 31, 1946, ch. 707, §§3–5, 7, 60 Stat. 718, 719. |
| 5104(c) | 40:193d. | |
| 5104(d) | 40:193e. | |
| 5104(e) | 40:193f. | July 31, 1946, ch. 707, §6, 60 Stat. 718; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, §1(b), Oct. 20, 1967, 81 Stat. 276. |
| 5104(f) | 40:193g. |
In subsection (a)(3), the words "section 841(d) of title 18" are substituted for "section 121(1) of title 50" because of the enactment of 18:ch. 39 and the repeal of the provisions classified to 50:121(1) by sections 1102 and 1106(a) of the Organized Crime Control Act of 1970 (Public Law 91–452, 84 Stat. 952, 960). The plural form "explosives" is used because that is the term defined in 18:841(d).
In subsection (a)(4), the words "section 921(3) of title 18" are substituted for "section 901(3) of title 15" because of the enactment of 18:ch. 44 and the repeal of the provisions classified to 15:901(3) by sections 902 and 906 of the Omnibus Crime Control and Safe Streets Act of 1968 (Public Law 90–351, 82 Stat. 226, 234).
In subsection (e)(1)(A), the plural "explosives" is used for consistency with the term defined in subsection (a)(3). In subclause (iii), the words "by any means" are omitted as unnecessary.
In subsection (e)(2)(A), the words "unless authorized to do so pursuant to rules adopted, or authorization given, by that House" are substituted for "unless such person is authorized, pursuant to rules adopted by that House or pursuant to authorization given by that House, to enter or to remain upon such floor or in such cloakroom, lobby, or room" to eliminate unnecessary words.
Editorial Notes
References in Text
The Act of July 8, 1932, referred to in subsec. (a)(2)(A), is act July 8, 1932, ch. 465, 47 Stat. 650, which is not classified to the Code.
Amendments
2010—Subsec. (e)(2)(C). Pub. L. 111–145 repealed Pub. L. 110–161, §1004(d)(2)(A)(iii). See 2007 Amendment note below.
2008—Subsec. (e)(2)(C). Pub. L. 110–178 added subpar. (C) and struck out former subpar. (C) which read as follows: "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;".
2007—Subsec. (e)(2)(C). Pub. L. 110–161, §1004(d)(2)(A)(iii), which made an amendment identical to that made by Pub. L. 110–178, was repealed by Pub. L. 111–145. See Effective Date of 2010 Amendment note below.
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Repeal of section 1004 of Pub. L. 110–161 by Pub. L. 111–145 effective as if included in the enactment of Pub. L. 110–161 and provisions amended by section 1004 of Pub. L. 110–161 to be restored as if such section had not been enacted, and repeal to have no effect on the enactment or implementation of any provision of Pub. L. 110–178, see section 6(d) of Pub. L. 111–145, set out as a note under section 1901 of Title 2, The Congress.
Effective Date of 2008 Amendment
Amendment by Pub. L. 110–178 effective Oct. 1, 2009, see section 4(d) of Pub. L. 110–178, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
Effective Date of 2007 Amendment
Amendment by Pub. L. 110–161 effective Oct. 1, 2009, see section 1004(d)(4) of title I of div. H of Pub. L. 110–161, set out as an Effective Date of Repeal note under section 167 of Title 2, The Congress.
1 So in original. Probably should be "921(a)(3)".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5105 | 40:193i. | July 31, 1946, ch. 707, §10, 60 Stat. 719. |
The words "by information or otherwise" are omitted as unnecessary.
Editorial Notes
References in Text
Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
§5106. Suspension of prohibitions
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5106(a) | 40:193j. | July 31, 1946, ch. 707, §§11, 12, 60 Stat. 719. |
| 5106(b) | 40:193k (words before proviso). | |
| 5106(c) | 40:193k (proviso). |
In subsection (b), the words "District of Columbia" are substituted for "Washington" for clarity and consistency.
In subsection (c), the words "Mayor of the District of Columbia" are substituted for "Commissioners of the District of Columbia" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner of the District of Columbia" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Aug. 11, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
§5107. Concerts on grounds
Sections 5102, 5103, 5104(b)–(f), 5105, 5106, and 5109 of this title and sections 9, 9A, 9B, and 9C of the Act of July 31, 1946 (ch. 707, 60 Stat. 719, 720), do not prohibit a band in the service of the Federal Government from giving concerts in the United States Capitol Grounds at times which will not interfere with Congress and as authorized by the Architect of the Capitol.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178; Pub. L. 108–178, §3(2), Dec. 15, 2003, 117 Stat. 2640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5107 | 40:193l. | July 31, 1946, ch. 707, §13, 60 Stat. 720. |
Editorial Notes
References in Text
Sections 9, 9A, 9B, and 9C of the Act of July 31, 1946, referred to in text, are classified to sections 1961, 1966, 1967, and 1922, respectively, of Title 2, The Congress.
Amendments
2003—Pub. L. 108–178 substituted "5105, 5106" for "5105, 5105".
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by Pub. L. 108–178 effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as a note under section 5334 of Title 5, Government Organization and Employees.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5108 | 40:193m–1. | Pub. L. 91–510, title IV, §451(a), Oct. 26, 1970, 84 Stat. 1193. |
The words "as defined by or pursuant to law" are omitted as unnecessary because of sections 5101 and 5102 of the revised title. The words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
§5109. Penalties
(a)
(b)
(c)
(1)
(2)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1178.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 5109 | 40:193h. | July 31, 1946, ch. 707, §8, 60 Stat. 719; Pub. L. 87–571, Aug. 6, 1962, 76 Stat. 307; Pub. L. 90–108, §1(c), Oct. 20, 1967, 81 Stat. 277. |
In subsection (a), the words "fined under title 18" are substituted for "a felony punishable by a fine not exceeding $5,000" for consistency with chapter 227 of title 18.
In subsection (b), the words "fined under title 18" are substituted for "a misdemeanor punishable by a fine not exceeding $500" for consistency with chapter 227 of title 18.
In subsection (c)(1), the words "An action . . . shall be brought" are substituted for ["]shall be prosecuted" for consistency with other titles of the United States Code. The words "the Attorney General" are substituted for "the United States attorney or his assistants" because of 28:509.
In subsection (c)(2)(B), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
In subsection (c)(3), the words "of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia" are omitted as unnecessary.
Editorial Notes
References in Text
Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (c)(1), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
PART C—FEDERAL BUILDING COMPLEXES
CHAPTER 61—UNITED STATES SUPREME COURT BUILDING AND GROUNDS
SUBCHAPTER I—GENERAL
SUBCHAPTER II—BUILDINGS AND GROUNDS
SUBCHAPTER III—POLICING AUTHORITY
SUBCHAPTER IV—PROHIBITIONS AND PENALTIES
SUBCHAPTER I—GENERAL
§6101. Definitions and application
(a)
(1)
(2)
(b)
(1) extend to the line of the face of—
(A) the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street;
(B) the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast;
(C) the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and
(D) the north curb of East Capitol Street between First Street Northeast and Second Street Northeast; and
(2) comprise any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the Federal Government in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the Supreme Court Building and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–214, §1(c)(2), Apr. 11, 2006, 120 Stat. 326.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6101(a) | 40:13n(d). | Aug. 18, 1949, ch. 479, §9(d), as added Pub. L. 97–390, §1(c)(2), Dec. 29, 1982, 96 Stat. 1958. |
| 6101(b) | 40:13p. | Aug. 18, 1949, ch. 479, §11, 63 Stat. 617; Pub. L. 97–390, §1(d), Dec. 29, 1982, 96 Stat. 1958. |
In subsection (a), the definition of "United States" is omitted as unnecessary because, within 40:13f–13p, the words "United States" are used in the geographical sense only in 40:13n(a)(2) and (c) and the restatement of those provisions, in section 6121 of the revised title, substitutes the words "any State" for "any part of the United States".
Before clause (1), the words "In this chapter, the following definitions apply" are substituted for "As used in sections 13f to 13p of this title, the term—" for clarity. The terms are not used in 40:13a–13e, so using them chapter-wide does not expand their scope.
In clause (2), the words "the Virgin Islands, Guam, the Northern Mariana Islands, the Federal States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States" are substituted for "any territory or possession of the United States" to clarify that the provisions of the source law apply to those jurisdictions.
In subsection (b), before clause (1), the words "In addition to the property referred to in the preceding sentence, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds" are omitted as unnecessary.
References in Text
The Supreme Court Grounds Transfer Act of 2005, referred to in subsec. (b)(2), is section 1 of Pub. L. 109–214, Apr. 11, 2006, 120 Stat. 326, which is set out as a note below.
Editorial Notes
Amendments
2006—Subsec. (b)(2). Pub. L. 109–214 inserted "and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005" before period at end.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–214 applicable to fiscal year 2006 and each fiscal year thereafter, see section 1(d) of Pub. L. 109–214, set out as a note below.
Transfer of Jurisdiction Over Certain Real Property to the Supreme Court
Pub. L. 109–214, §1, Apr. 11, 2006, 120 Stat. 326, provided that:
"(a)
"(b)
"(1)
"(2)
"(c)
"(1)
"(2)
"(3)
"(A)
"(B)
"(4)
"(A) the legal boundaries described under section 6101(b)(1) of title 40, United States Code; and
"(B) any portion of the United States Capitol Grounds as described under section 5102 of title 40, United States Code, which is contiguous to the boundaries or property described under subparagraph (A) of this paragraph.
"(d)
United States Supreme Court Building; Acquisition of Certain Real Property
Pub. L. 96–532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub. L. 97–390, §3, Dec. 29, 1982, 96 Stat. 1958, provided: "That the Architect of the Capitol is authorized to acquire on behalf of the United States by purchase, condemnation, transfer, or otherwise, as an addition to the grounds of the United States Supreme Court Building, all privately owned real property contained in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia, as such lots appear on the records in the office of the Surveyor of the District of Columbia as of the date of the enactment of this Act [Dec. 15, 1980].
"
"
"
"
§6102. Regulations
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6102 | 40:13l. | Aug. 18, 1949, ch. 479, §7, 63 Stat. 617; Pub. L. 97–390, §1(b), Dec. 29, 1982, 96 Stat. 1957. |
In subsection (a), before clause (1), the word "are" is substituted for "may be deemed" for clarity. In clause (1), the word "individuals" is substituted for "persons" for clarity.
SUBCHAPTER II—BUILDINGS AND GROUNDS
§6111. Supreme Court Building
(a)
(1)
(A) the care and maintenance of the grounds; and
(B) the supplying of all mechanical furnishings and mechanical equipment for the Building.
(2)
(3)
(b)
(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 6101(b) to (d) of title 41—
(i) for snow removal (by hire of personnel and equipment or under contract); and
(ii) for the replacement of electrical transformers containing polychlorinated biphenyls.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1180; Pub. L. 109–284, §6(18), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(22), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6111(a) | 40:13a(a). | May 7, 1934, ch. 222, §1, 48 Stat. 668; Pub. L. 95–431, title IV, ("Sec. 1(b) (less proviso)" in proviso in par. under heading "Care of the Building and Grounds"), Oct. 10, 1978, 92 Stat. 1036. |
| 6111(b)(1) | 40:13a(b). | |
| 6111(b)(2) | 40:13a note. | Pub. L. 101–162, title IV, (proviso in par. under heading "Care of the Building and Grounds"), Nov. 21, 1989, 103 Stat. 1010. |
In subsection (b)(1), the words "In addition to the foregoing, any" and "hereafter" are omitted as unnecessary.
In subsection (b)(2), before subclause (A), the words "That for fiscal year 1990 and hereafter" are omitted as executed. In subclause (C), the words "chapter 51, subchapter III of chapter 53, and subchapter III of chapter 83, of title 5" are substituted for "the Classification and Retirement Acts, as amended" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
Editorial Notes
Amendments
2011—Subsec. (b)(2)(D). Pub. L. 111–350 substituted "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)".
2006—Subsec. (b). Pub. L. 109–284 struck out second period at end of heading.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6112 | 40:13b. | May 7, 1934, ch. 222, §2, 48 Stat. 668; Pub. L. 95–431, title IV, ("Sec. 1(b) (proviso)" in proviso in par. under heading "Care of the Building and Grounds"), Oct. 10, 1978, 92 Stat. 1036. |
In this section, before clause (1), the words "to carry out" are substituted for "for the performance of the provisions of" to eliminate unnecessary words. In clause (2), the words "chapter 51 and subchapter III of chapter 53 of title 5" are substituted for "the Classification Act of 1949, as amended" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. In clause (3), the words "subchapter III of chapter 83 of title 5" are substituted for "the Act entitled 'An Act for the retirement of employees in the classified civil service, and for other purposes' approved May 22, 1920, as amended (U.S.C., title 5, ch. 14)" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6113 | 40:13c. | May 7, 1934, ch. 222, §3, 48 Stat. 668; June 25, 1948, ch. 646, §27, 62 Stat. 990. |
The words "Except as provided in section 6111(a) of this title" are substituted for "other" for clarity.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1181.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6114 | 40:13e. | Oct. 22, 1940, ch. 908, §6, 54 Stat. 1208. |
The words "After the completion and dedication of" are omitted as executed.
SUBCHAPTER III—POLICING AUTHORITY
§6121. General
(a)
(1) to police the Supreme Court Building and grounds and adjacent streets to protect individuals and property;
(2) in any location, to protect—
(A) the Chief Justice, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court;
(B) any officer or employee of the Supreme Court while that officer or employee is performing official duties; and
(C) any member of the immediate family of the Chief Justice, any Associate Justice, or any officer of the Supreme Court if the Marshal determines such protection is necessary.1
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182; Pub. L. 108–356, §1, Oct. 21, 2004, 118 Stat. 1416; Pub. L. 110–402, §1(a), Oct. 13, 2008, 122 Stat. 4254; Pub. L. 113–62, §1, Dec. 20, 2013, 127 Stat. 666; Pub. L. 116–75, §2, Nov. 27, 2019, 133 Stat. 1160; Pub. L. 117–148, §2, June 16, 2022, 136 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6121(a) | 40:13n(a). | Aug. 18, 1949, ch. 479, §9(a), 63 Stat. 617; Pub. L. 93–198, title VII, §739(g)(8), Dec. 24, 1973, 87 Stat. 829; Pub. L. 97–390, §1(c)(1), Dec. 29, 1982, 96 Stat. 1957. |
| 6121(b) | 40:13n(c). | Aug. 18, 1949, ch. 479, §9(c), as added Pub. L. 97–390, §1(c)(2), Dec. 29, 1982, 96 Stat. 1958; Pub. L. 99–218, Dec. 26, 1985, 99 Stat. 1729; Pub. L. 99–492, §1, Oct. 16, 1986, 100 Stat. 1240; Pub. L. 101–462, Oct. 25, 1990, 104 Stat. 1079; Pub. L. 103–193, Dec. 14, 1993, 107 Stat. 2293; Pub. L. 104–280, §1, Oct. 9, 1996, 110 Stat. 3359, Pub. L. 106–518, title III, §313, Nov. 13, 2000, 114 Stat. 2421. |
In this section, the words "any State" are substituted for "any part of the United States" to eliminate unnecessary words and for consistency with section 6101 of the revised title.
In subsection (a)(3), the words "federal or state law and any regulation under federal or state law" are substituted for "a law of the United States or any State and any regulation under such law" for consistency in the revised title.
In subsection (b), the words "The Marshal of the Supreme Court shall report annually to the Congress on March 1 regarding the administrative cost of carrying out his duties under such subsection" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 13 of House Document No. 103–7.
Editorial Notes
Amendments
2022—Subsec. (a)(2)(C). Pub. L. 117–148 added subpar. (C).
2019—Subsec. (a)(2). Pub. L. 116–75, §2(1)(A), substituted "any location" for "any State" in introductory provisions.
Subsec. (a)(3). Pub. L. 116–75, §2(1)(B), substituted "Federal or State law" for "federal or state law" in two places.
Subsec. (b). Pub. L. 116–75, §2(2), substituted "Authorization To Carry Firearms—" for "Additional Requirements Related to Subsection (a)(2).—" in heading, struck out par. (1) designation and heading before "Duties under", substituted "any location" for "any State", and struck out par. (2) which provided that the authority provided under subsec. (a)(2) would expire on Dec. 29, 2019.
2013—Subsec. (b)(2). Pub. L. 113–62 substituted "2019" for "2013".
2008—Subsec. (b)(2). Pub. L. 110–402 substituted "2013" for "2008".
2004—Subsec. (b)(2). Pub. L. 108–356 substituted "2008" for "2004".
1 So in original. The period probably should be a semicolon.
2 So in original. The dash probably should be preceded by a period.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6122 | 40:13f. | Aug. 18, 1949, ch. 479, §1, 63 Stat. 616; Pub. L. 97–390, §1(a), Dec. 29, 1982, 96 Stat. 1957. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6123 | 40:13n(b). | Aug. 18, 1949, ch. 479, §9(b), 63 Stat. 617; Pub. L. 97–390, §1(c)(1), Dec. 29, 1982, 96 Stat. 1957. |
The words "violation of federal or state law or any regulation under federal or state law" are substituted for "violations of any such laws or regulations", and the words "unless the Metropolitan Police have been requested to do so by, or have received the consent of, the Marshal of the Supreme Court of the United States or an assistant to the Marshal" are substituted for "except with the consent or on the request of the Marshal of the Supreme Court or his assistants", for clarity.
SUBCHAPTER IV—PROHIBITIONS AND PENALTIES
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1182.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6131 | 40:13g. | Aug. 18, 1949, ch. 479, §2, 63 Stat. 616. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6132 | 40:13h. | Aug. 18, 1949, ch. 479, §3, 63 Stat. 616. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6133 | 40:13i. | Aug. 18, 1949, ch. 479, §4, 63 Stat. 617. |
The word "fountain" conforms to the original text as signed into law by the President. A typographical error was made in printing the source law in the Statutes-at-Large (63 Stat. 617) where the word appears as "foundation".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6134 | 40:13j. | Aug. 18, 1949, ch. 479, §5, 63 Stat. 617. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6135 | 40:13k. | Aug. 18, 1949, ch. 479, §6, 63 Stat. 617. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6136 | 40:13o. | Aug. 18, 1949, ch. 479, §10, 63 Stat. 617. |
§6137. Penalties
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1183; Pub. L. 108–356, §2, Oct. 21, 2004, 118 Stat. 1416.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6137 | 40:13m. | Aug. 18, 1949, ch. 479, §8, 63 Stat. 617. |
In subsection (a), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18.
In subsection (b), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
Editorial Notes
Amendments
2004—Subsec. (b). Pub. L. 108–356 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "Prosecution for a violation described in subsection (a) shall be in the Superior Court of the District of Columbia, on information by the United States Attorney or an Assistant United States Attorney."
CHAPTER 63—SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART, AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
§6301. Definition
In this chapter, the term "specified buildings and grounds" means—
(1)
(A)
(B)
(C)
(2)
(i) to the line of the face of the south curb of Constitution Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest;
(ii) 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
(iii) 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.
(B) 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 National Gallery of Art acquires and that the Director of the National Gallery of Art determines to be necessary for the adequate protection of individuals or property in the National Gallery of Art and suitable for administration as a part of the National Gallery of Art.
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1184; Pub. L. 115–31, div. G, title IV, §426, May 5, 2017, 131 Stat. 500.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6301 | 40:193v. | Oct. 24, 1951, ch. 559, §9, 65 Stat. 635; Pub. L. 88–391, §3, Aug. 1, 1964, 78 Stat. 366; Pub. L. 90–376, §3, July 5, 1968, 82 Stat. 286; Pub. L. 102–336, Aug. 7, 1992, 106 Stat. 864; Pub. L. 103–279, §9(c), July 21, 1994, 108 Stat. 1417; Pub. L. 105–95, §4 (related to section 9(3) of the Act of October 24, 1951), Nov. 19, 1997, 111 Stat. 2149. |
In clause (1)(A), the words "National Museum of American History" are substituted for "Museum of History and Technology" because of section 3 of the Act of October 13, 1980 (Public Law 96–441, 20:71 note).
In clause (1)(C), the words "the Smithsonian Institution acquires" are substituted for "that shall hereafter be acquired by the Smithsonian Institution" to eliminate unnecessary words.
In clause (3), the words "the site of" are omitted as unnecessary and for consistency in the revised section.
Editorial Notes
Amendments
2017—Par. (2). Pub. L. 115–31 designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, of subpar. (A), and added subpar. (B).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6302 | 40:193o. | Oct. 24, 1951, ch. 559, §2, 65 Stat. 634. |
§6303. Unlawful activities
(a)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1185.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6303(a) | 40:193p. | Oct. 24, 1951, ch. 559, §§3, 4, 65 Stat. 634. |
| 6303(b) | 40:193q. |
§6304. Additional regulations
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6304 | 40:193r. | Oct. 24, 1951, ch. 559, §5, 65 Stat. 634; Pub. L. 88–391, §1, Aug. 1, 1964, 78 Stat. 365; Pub. L. 103–279, §9(a), July 21, 1994, 108 Stat. 1416. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6305 | 40:193u. | Oct. 24, 1951, ch. 559, §8, 65 Stat. 635; Pub. L. 103–279, §9(b), July 21, 1994, 108 Stat. 1416. |
Before clause (1), the words "or their designees" are substituted for "or their designated representatives" for consistency in the revised section.
§6306. Policing of buildings and grounds
(a)
(b)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1186.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6306(a) | 40:193n. | Oct. 24, 1951, ch. 559, §1, 65 Stat. 634; Pub. L. 91–34, §2(c), June 30, 1969, 83 Stat. 41; Pub. L. 104–134, title I, §101(c) [title II, proviso in 1st par. under heading "John F. Kennedy Center for the Performing Arts"], Apr. 26, 1996, 110 Stat. 1321–193, renumbered as title I by Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327. |
| 6306(b)(1) | 40:193t (words before 5th comma). | Oct. 24, 1951, ch. 559, §7, 65 Stat. 635; Pub. L. 88–391, §2, Aug. 1, 1964, 78 Stat. 365. |
| 6306(b)(2) | 40:193x. | Oct. 24, 1951, ch. 559, §11, as added Pub. L. 88–391, §4, Aug. 1, 1964, 78 Stat. 366. |
| 6306(c) | 40:193t (words after 5th comma). |
In subsection (a), the words "section 5375 of title 5" are substituted for "section 5365 of title 5" because of section 801(a)(3)(A)(ii) of the Civil Service Reform Act of 1978 (Public Law 95–454, 92 Stat. 1221), which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. The words "or their designees" are substituted for "or their authorized representatives" for consistency in the revised chapter.
In subsection (b)(2), the words "within which the specified buildings and grounds are located" are substituted for "within which the aforementioned buildings are located" for clarity.
§6307. Penalties
(a)
(1)
(2)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1187.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6307 | 40:193s. | Oct. 24, 1951, ch. 559, §6, 65 Stat. 635. |
In subsection (a)(1), the words "fined under title 18" are substituted for "fined not more than $100" for consistency with chapter 227 of title 18.
In subsection (a)(2), the words "Superior Court of the District of Columbia" are substituted for "Municipal Court for the District of Columbia" [subsequently changed to "District of Columbia Court of General Sessions" because of sections 1 and 7 of the Act of July 8, 1963 (Public Law 88–60, 77 Stat. 77, 78)] because of section 155(a) of the District of Columbia Court Reorganization Act of 1970 (Public Law 91–358, 85 Stat. 570).
In subsection (b)(1), the words "the amount of the fine for the offense may be not more than $5,000" are omitted for consistency with chapter 227 of title 18.
CHAPTER 65—THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
Editorial Notes
Amendments
2006—Pub. L. 109–284, §6(19), Sept. 27, 2006, 120 Stat. 1213, renumbered item 6581 as 6501.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6501 | 40:1208. | Pub. L. 100–480, §10, Oct. 7, 1988, 102 Stat. 2335. |
The text of 40:1208(1) and (3) is omitted as unnecessary because the complete names of the Architect of the Capitol and the Commission for the Judiciary Office Building are used the first times the terms appear in a section.
§6502. Thurgood Marshall Federal Judiciary Building
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(3)
(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)
(e)
(f)
(g)
(h)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1188.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6502(a) | 40:1201 note. | Pub. L. 103–4, §1, Feb. 8, 1993, 107 Stat. 30. |
| 6502(b) | 40:1202(b)(2)(B), (C). | Pub. L. 100–480, §§3(a)(6), (8), (b)(2)(B), (C), (c)–(e), 4(c), Oct. 7, 1988, 102 Stat. 2329, 2330, 2331. |
| 6502(c) | 40:1202(a)(8). | |
| 6502(d) | 40:1202(a)(6). | |
| 6502(e) | 40:1202(c). | |
| 6502(f) | 40:1202(d) (1st, 2d sentences). | |
| 6502(g) | 40:1203(c). | |
| 6502(h)(1) | 40:1202(d) (last sentence). | |
| 6502(h)(2) | 40:1202(e). |
In subsection (e), the text of 40:1202(c)(1) is omitted as obsolete.
In subsection (f), the text of 40:1202(d) (2d sentence) is omitted as obsolete.
Editorial Notes
References in Text
The Building Height Act of 1910, referred to in subsec. (c)(2), is act June 1, 1910, ch. 263, 36 Stat. 452, which is not classified to the Code.
Statutory Notes and Related Subsidiaries
Reference to the Thurgood Marshall Federal Judiciary Building
Pub. L. 103–4, §2, Feb. 8, 1993, 107 Stat. 30, provided that: "Any reference in any law, map, regulation, document, paper, or other record of the United States to the Federal Judiciary Building referred to in section 1 [now 40 U.S.C. 6502(a)] shall be deemed to be a reference to the 'Thurgood Marshall Federal Judiciary Building'."
§6503. Commission for the Judiciary Office Building
(a)
(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)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6503(a) | 40:1206(a), (b). | Pub. L. 100–480, §7, Oct. 7, 1988, 102 Stat. 2334. |
| 6503(b) | 40:1206(d). | |
| 6503(c) | 40:1206(c). |
In subsection (a)(6), the words "Transportation and Infrastructure" are substituted for "Public Works and Transportation" in section 7(b) of the Judiciary Office Building Development Act (Public Law 100–480, 102 Stat. 2334) because of section 1(a)(9) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.).
In subsection (c), the words "from time to time" are omitted as unnecessary.
§6504. Lease of building
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1) on an annual basis; and
(2) from the account described in section 6507 of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1189.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6504(a) | 40:1203(a). | Pub. L. 100–480, §§3(b)(2)(D) (words after "provisions of this chapter"), 4(a), (b), (d), Oct. 7, 1988, 102 Stat. 2330, 2331. |
| 6504(b)(1)– (3) | 40:1203(b). | |
| 6504(b)(4) | 40:1202(b)(2)(D) (words after "provisions of this Act"). | |
| 6504(c) | 40:1203(d). |
Subsection (a) is substituted for 40:1203(a) to eliminate obsolete words.
In subsection (b)(2), the words "in the District of Columbia" are added for clarity.
§6505. Structural and mechanical care and security
(a)
(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)
(1)
(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)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6505(a) | 40:1204(a). | Pub. L. 100–480, §5, Oct. 7, 1988, 102 Stat. 2331; Pub. L. 102–392, title III, §311(a), Oct. 6, 1992, 106 Stat. 1723. |
| 6505(b)(1)(A) | 40:1204(b)(1). | |
| 6505(b)(1)(B) | 40:1204(c). | |
| 6505(b)(2), (3) | 40:1204(b)(2), (3). |
In subsection (a), before clause (1), the words "Upon occupancy by the United States of the building and other improvements constructed under this chapter" are omitted as obsolete.
§6506. Allocation of space
(a)
(1)
(2)
(3)
(b)
(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)
(1)
(2)
(3)
(d)
(1)
(2)
(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)
(1)
(2)
(3)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1190.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6506(a)(1), (2) | 40:1205(a)(1), (2). | Pub. L. 100–480, §6(a)(1)–(6), (b), (c), Oct. 7, 1988, 102 Stat. 2332. |
| 6506(a)(3) | 40:1205(b)(1). | |
| 6506(b) | 40:1205(a)(3), (4). | |
| 6506(c)(1) | 40:1205(a)(6). | |
| 6506(c)(2), (3) | 40:1205(a)(5). | |
| 6506(d) | 40:1205(a)(7), (8). | Pub. L. 100–480, §6(a)(7), (8), as added Pub. L. 102–392, title III, §318, Oct. 6, 1992, 106 Stat. 1724. |
| 6506(e) | 40:1205(b)(2)–(4). | |
| 6506(f) | 40:1205(c). |
In subsection (a)(3), the text of 40:1205(b)(1)(words before semicolon) is omitted as unnecessary. The words "pursuant to subsection (e)" are added for clarity.
In subsection (b)(2)(B), the word "federal" is added for clarity.
In subsection (c)(1), the words "and reassign" are omitted as unnecessary.
In subsection (d)(1), the word "Building" [meaning the Thurgood Marshall Federal Judiciary Building] is substituted for "Federal Judiciary Building" in the source provision because of section 2 of the Act of February 8, 1993 (Public Law 103–4, 107 Stat. 30).
In subsection (f), the reference to "this subsection" is translated as "this section" to correct an apparent error in the source provision being restated.
Editorial Notes
References in Text
Section 3(b)(1) of the Judiciary Office Building Development Act, referred to in subsec. (a)(1), is section 3(b)(1) of Pub. L. 100–480, Oct. 7, 1988, 102 Stat. 2330, which was classified to section 1202(b)(1) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
§6507. Account in Treasury
(a)
(b)
(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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1192.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6507 | 40:1207. | Pub. L. 100–480, §9, Oct. 7, 1988, 102 Stat. 2334; Pub. L. 102–392, title III, §311(b), Oct. 6, 1992, 106 Stat. 1723. |
The text of 40:1207(b) is omitted as obsolete.
CHAPTER 67—PENNSYLVANIA AVENUE DEVELOPMENT
SUBCHAPTER I—TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES, TITLE, AND INTERESTS
SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT
SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT
Editorial Notes
Amendments
2006—Pub. L. 109–284, §6(20), Sept. 27, 2006, 120 Stat. 1213, substituted "ASSIGNMENT" for "ASSIGMENT" in item for subchapter I.
SUBCHAPTER I—TRANSFER AND ASSIGNMENT OF RIGHTS, AUTHORITIES, TITLE, AND INTERESTS
Editorial Notes
Amendments
2006—Pub. L. 109–284, §6(21), Sept. 27, 2006, 120 Stat. 1213, substituted "ASSIGNMENT" for "ASSIGMENT" in heading.
§6701. Transfer of rights and authorities of Pennsylvania Avenue Development Corporation
(a)
(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)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1193.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6701(a) | 40:872 note (words before 1st proviso). | Pub. L. 104–208, div. A, title I, §101(f) [title IV, 3d–6th provisos on p. 3009–335], Sept. 30, 1996, 110 Stat. 3009–335. |
| 6701(b) | 40:872 note (1st, 2d provisos). | |
| 40:872 note. | Pub. L. 105–277, §101(h) [title IV, 9th proviso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502. | |
| 6701(c) | 40:872 note (last proviso). | |
| 40:879(b). | Pub. L. 92–578, §10(b), Oct. 27, 1972, 86 Stat. 1274. |
In subsection (a), before clause (1), the words "in fiscal year 1997 and thereafter" are omitted as obsolete. In clause (1), the words "leases, contracts or other" are omitted as unnecessary. The words "firm, association, or corporation" are omitted because of the definition of "person" in 1:1.
In subsection (b)(1), the words "notwithstanding any other provision of law" are omitted as unnecessary. The words "That the remaining balances and associated assets and laibilites [sic] of the Pennsylvania Avenue Activities account are hereby transferred to the Federal Buildings Fund to be effective October 1, 1998" are omitted as executed.
In subsection (c), the words "To the extent that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a) of this section" are omitted as unnecessary.
§6702. Transfer and assignment of rights, title, and interests in property
(a)
(1)
(2)
(b)
(1)
(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)
(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)
(1)
(2)
(3)
(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)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1194.)
Amendment Not Shown in Text
Subsection (c)(1) of this section was derived from section 313(d)(1) of title III of the Department of the Interior and Related Agencies Appropriations Act, 1996 (as enacted by section 101(c) of Pub. L. 104–134), set out as a note under section 872 of the former Appendix to this title, which was amended by Pub. L. 111–11, title VII, §7116(k)(1), Mar. 30, 2009, 123 Stat. 1203. For applicability of that amendment to this section, see section 5(b)(3) of Pub. L. 107–217, set out as a Legislative Purpose and Construction note preceding section 101 of this title. Section 313(d)(1) of the Department of the Interior and Related Agencies Appropriations Act, 1996, as enacted by Pub. L. 104–134, was amended by substituting "map entitled 'Pennsylvania Avenue National Historic Site', dated August 25, 2008, and numbered 840–82441B" for "map entitled 'Pennsylvania Avenue National Historic Park', dated June 1, 1995, and numbered 840–82441".
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6702 | 40:872 note. | Pub. L. 104–134, title I, §101(c) [title III, §313(a)–(e)], Apr. 26, 1996, 110 Stat. 1321–198, renumbered as title I by Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327. |
Subsection (a) is substituted for section 313(a) of title III of section 101(c) of the Act of April 26, 1996, to eliminate obsolete words.
In subsection (a)(2), the words "both real and personal" are omitted as unnecessary.
In subsection (b)(1)(A), before subclause (i), the words "with respect to the following projects" are omitted as unnecessary.
In subsection (b)(1)(F), the word "Acquisition" is substituted for "Acquisitions" to correct an error in the source provision.
In subsections (b)(2)(D) and (c)(3)(A), the words "firm, association, or corporation" are omitted because of the definition of "person" in 1:1.
In subsection (b)(2)(D), the words "leases, contracts, or other" are omitted as unnecessary.
Subsection (c)(1) is substituted for section 313(d)(1) of title III of section 101(c) of the Act of April 26, 1996, to eliminate obsolete words.
In subsection (c)(3)(A), the words "contracts, cooperative agreements, or other" are omitted as unnecessary.
In subsection (d), the words "Notwithstanding any other provision of law" are omitted as unnecessary. The words "commencing April 1, 1996" are omitted as obsolete. The words "or its successor" and "or redevelopment" are omitted as unnecessary.
Editorial Notes
References in Text
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (a)(1), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and subchapter II of this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
Section 5 of the Act was classified to section 874 of former Title 40 prior to repeal by Pub. L. 107–217.
The Federal Triangle Development Act, referred to in subsecs. (a)(1), (b)(1)(G), and (2)(D), is Pub. L. 100–113, Aug. 21, 1987, 101 Stat. 735, which was classified to chapter 22 (§1101 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal, omission, and reenactment as subchapter III of this chapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b)(1)(F), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 111–11, title VII, §7116(k)(2), Mar. 30, 2009, 123 Stat. 1204, provided that: "Any reference in a law, map, regulation, document, paper, or other record of the United States to the Pennsylvania Avenue National Historic Park shall be deemed to be a reference to the 'Pennsylvania Avenue National Historic Site'."
SUBCHAPTER II—PENNSYLVANIA AVENUE DEVELOPMENT
§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;
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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1196.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6711 | 40:871. | Pub. L. 92–578, §2, Oct. 27, 1972, 86 Stat. 1266. |
The text of 40:871(a)–(e) is omitted as obsolete.
The words "being the southwest corner of the intersection of Fifteenth Street and E Street Northwest" are omitted as unnecessary.
Editorial Notes
References in Text
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6712 | 40:876(a). | Pub. L. 92–578, §7(a), Oct. 27, 1972, 86 Stat. 1272. |
In this subchapter, the words "Administrator of General Services" are substituted for "Corporation" to reflect the transfer of the responsibilities of the Pennsylvania Avenue Development Corporation. See section 6702 of the revised title.
Editorial Notes
References in Text
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 5(a) of the Act was classified to section 874(a) of former Title 40 prior to repeal by Pub. L. 107–217. For complete classification of this Act to the Code, see Tables.
§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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6713 | 40:876(b). | Pub. L. 92–578, §7(b), Oct. 27, 1972, 86 Stat. 1273; Pub. L. 93–427, §2, Oct. 1, 1974, 88 Stat. 1170. |
The words "After October 1, 1974" and the text of 40:876(b) (proviso) are omitted as obsolete.
Editorial Notes
References in Text
Section 5(a) of the Pennsylvania Avenue Development Corporation Act of 1972, referred to in text, was classified to section 874(a) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
§6714. Relocation services
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1197.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6714 | 40:877(b)–(d). | Pub. L. 92–578, §8(b)–(d), Oct. 27, 1972, 86 Stat. 1273; Pub. L. 95–629, title I, §101(1)(f), Nov. 10, 1978, 92 Stat. 3635. |
In subsection (c), the words "retail, wholesale, service or other" and "or its agent" are omitted as unnecessary. The words "upon implementation of the development plan" are omitted as obsolete.
Editorial Notes
References in Text
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (a), is Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, which is classified principally to chapter 61 (§4601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of Title 42 and Tables.
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (c), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
§6715. Coordination with District of Columbia
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6715 | 40:878. | Pub. L. 92–578, §9, Oct. 27, 1972, 86 Stat. 1273. |
In subsection (b), the word "reconstructing" is omitted as unnecessary.
Editorial Notes
References in Text
The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsec. (a), is Pub. L. 92–578, Oct. 27, 1972, 86 Stat. 1266, which was classified to chapter 19 (§871 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal and reenactment as section 6701 of this title and this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
§6716. Reports
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6716(a) | 40:880(a). | Pub. L. 92–578, §11(a), Oct. 27, 1972, 86 Stat. 1274; Pub. L. 98–141, §8(d), Oct. 31, 1983, 97 Stat. 910. |
| 40:880(b). | Pub. L. 92–578, §11(b), (c), as added Pub. L. 98–141, §8(d), Oct. 31, 1983, 97 Stat. 910. | |
| 6716(b) | 40:880(c). |
In subsection (a), the text of 40:880(b) is omitted as obsolete. The requirement that a report be transmitted to Congress each January is eliminated pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 205 of House Document No. 103–7.
SUBCHAPTER III—FEDERAL TRIANGLE DEVELOPMENT
§6731. Definitions
In this subchapter—
(1)
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)
(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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1198.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6731 | 40:1109. | Pub. L. 100–113, §10, Aug. 21, 1987, 101 Stat. 747. |
In this section, the text of 40:1109(1)–(3) is omitted as unnecessary because the complete names of the Administrator of General Services, International Cultural and Trade Center Commission, and Pennsylvania Avenue Development Corporation are used the first time the terms appear in a section.
In paragraph (1), the words "being the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest" are omitted as unnecessary.
Editorial Notes
References in Text
Section 3(b) of the Federal Triangle Development Act, referred to in par. (2)(B), was classified to section 1102(b) of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304.
Statutory Notes and Related Subsidiaries
Designation of Daniel Patrick Moynihan Place
Pub. L. 106–567, title III, §310, Dec. 27, 2000, 114 Stat. 2841, designated as "Daniel Patrick Moynihan Place" a parcel of land located in Woodrow Wilson Plaza in the northwest quadrant of Washington, District of Columbia, directed the Administrator of General Services to erect appropriate gateways or other markers to denote that place, and provided that any reference in a law, map, regulation, document, paper, or other record of the United States to that parcel of land was to be deemed to be a reference to Daniel Patrick Moynihan Place.
Designation of Woodrow Wilson Plaza
Pub. L. 103–284, Aug. 1, 1994, 108 Stat. 1448, provided: "That the plaza to be constructed on the Federal Triangle property in Washington, DC as part of the development of such site pursuant to the Federal Triangle Development Act (Public Law 100–113) [now 40 U.S.C. 6731 et seq.] shall be known and designated as the 'Woodrow Wilson Plaza'."
Designation of Andrew W. Mellon Auditorium
Pub. L. 100–113, §9, Aug. 21, 1987, 101 Stat. 746, provided that:
"(a) The Departmental Auditorium, located on the Federal Triangle between the Custom Service building and Interstate Commerce Commission building on Constitution Avenue, shall on and after August 21, 1987, be known and designated as the 'Andrew W. Mellon Auditorium'.
"(b) Any reference in any law, regulation, document, record, map or other paper of the United States to the auditorium referred to in subsection (a) of this section is deemed to be a reference to the 'Andrew W. Mellon Auditorium'."
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6732 | 40:1104(g). | Pub. L. 100–113, §5(g), Aug. 21, 1987, 101 Stat. 739. |
The words "For purposes of the Pennsylvania Avenue Development Corporation Act of 1972 (other than section 5)" are omitted as unnecessary and obsolete. The words "Administrator of General Services" are substituted for "Corporation" to reflect the transfer of the responsibilities of the Pennsylvania Avenue Development Corporation. See section 6702 of the revised title.
§6733. Federal Triangle property
(a)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6733(a) | 40:1102(a)(2) (1st sentence). | Pub. L. 100–113, §§3(a)(2) (1st sentence), 5(f), Aug. 21, 1987, 101 Stat. 736, 739. |
| 6733(b) | 40:1104(f). |
In subsection (a), the words "at such time as the Administrator and the Corporation agree but" are omitted as obsolete. The Corporation transferred its rights, title, and interest in all property to the General Services Administration on April 1, 1996. The words "Ronald Reagan Building and International Trade Center" are substituted for "building to be constructed on such property under section 1104 of this title" because of section 2 of the Act of December 22, 1995 (Public Law 104–68, 109 Stat. 766).
§6734. Ronald Reagan Building and International Trade Center
(a)
(b)
(c)
(1)
(2)
(3)
(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)
(e)
(f)
(1)
(2)
(A)
(B)
(C)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1199.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6734(a) | 40:1101 note. | Pub. L 104–68, §1, Dec. 22, 1995, 109 Stat. 766. |
| 6734(b) | 40:1102(a)(2) (last sentence). | Pub. L. 100–113, §§3(a)(2) (last sentence), 4(b), 5(b)(2)(B), (d), 6, Aug. 21, 1987, 101 Stat. 736, 737, 739, 740. |
| 40:1104(b)(2)(B). | ||
| 6734(c) | 40:1103(b). | |
| 6734(d) | 40:1104(d). | |
| 6734(e) | 40:1105(c). | |
| 6734(f)(1) | 40:1105(a). | |
| 6734(f)(2) | 40:1105(b). | |
| 6734(f)(3) | 40:1105(d). |
In subsection (b), the words "Ownership of such property and building will be by the United States" in 40:1104(b)(2)(B) are omitted as unnecessary.
In subsection (d), the text of 40:1104(d) (last sentence) is omitted as obsolete.
Subsection (f)(1) is substituted for 40:1105(a) to eliminate obsolete words.
In subsection (f)(2), the text of 40:1105(b)(4) is omitted as obsolete.
Subsection (f)(3) is substituted for 40:1105(d) to eliminate unnecessary words.
Editorial Notes
References in Text
The Federal Triangle Development Act, referred to in subsec. (f)(2)(B), is Pub. L. 100–113, Aug. 21, 1987, 101 Stat. 735, which was classified to chapter 22 (§1101 et seq.) of former Title 40, Public Buildings, Property, and Works, prior to repeal, omission, and reenactment as this subchapter by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
Statutory Notes and Related Subsidiaries
Reference to Ronald Reagan Building and International Trade Center
Pub. L. 104–68, §2, Dec. 22, 1995, 109 Stat. 766, provided that: "Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in section 1 [now 40 U.S.C. 6734(a)] shall be deemed to be a reference to the 'Ronald Reagan Building and International Trade Center'."
CHAPTER 69—UNION STATION REDEVELOPMENT
SUBCHAPTER I—UNION STATION COMPLEX
SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY COMMISSION
SUBCHAPTER I—UNION STATION COMPLEX
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6901 | 40:811(a) (last sentence). | Pub. L. 90–264, title I, §111(a) (last sentence), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1668. |
Editorial Notes
References in Text
Sections 101–110 of the National Visitors Center Facilities Act of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90–264, title I, Mar. 12, 1968, 82 Stat. 43–45, which were classified principally to part A (§801 et seq.) of subchapter I of chapter 18 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 104 of the Act was classified as a note under section 804 of former Title 40 prior to repeal by Pub. L. 107–217. Section 108 of the Act was not classified to the Code.
Statutory Notes and Related Subsidiaries
Sale of Air Rights
Pub. L. 105–33, title IX, §9102, Aug. 5, 1997, 111 Stat. 670, provided that:
"(a)
"(b)
"(1) Part of lot 172, square 720.
"(2) Part of lots 172 and 823, square 720.
"(3) Part of lot 811, square 717.
"(c)
"(d)
"(1)
"(2)
Capitol Grounds; Erection of Flagpoles and Improvement of Traffic
Pub. L. 94–320, June 25, 1976, 90 Stat. 711, authorized the Secretary of the Interior, upon approval and subject to conditions of the Architect of the Capitol, in the portion of the United States Capitol Grounds in close proximity to the sidewalks abutting the circular perimeter of the Union Station Plaza in front of Columbus Plaza and the National Visitor Center, to erect and maintain flagpoles to fly the flags of each of the States of the United States and its territories and possessions, and to enter into an agreement with the appropriate officials of the District of Columbia to permit the District of Columbia to use certain areas of the United States Capitol Grounds to make certain street changes to coordinate and improve the flow of traffic in and around the United States Capitol Grounds, the National Visitor Center (formerly Union Station), and Union Station Plaza.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6902 | 40:811(a) (1st, 2d sentences). | Pub. L. 90–264, title I, §111(a) (1st, 2d sentences), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1668. |
This section is substituted for the text of 40:811(a) (1st, 2d sentences) to eliminate obsolete words.
Editorial Notes
References in Text
Sections 101–110 of the National Visitors Center Facilities Act of 1968, referred to in text, are sections 101 to 110 of Pub. L. 90–264, title I, Mar. 12, 1968, 82 Stat. 43–45, which were classified principally to part A (§801 et seq.) of subchapter I of chapter 18 of former Title 40, Public Buildings, Property, and Works, prior to repeal by Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304. Section 104 of the Act was classified as a note under section 804 of former Title 40 prior to repeal by Pub. L. 107–217. Section 108 of the Act was not classified to the Code.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6903 | 40:815(d). | Pub. L. 90–264, title I, §115(d), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671. |
The words "corporations, financial institutions" are omitted as included in "person". The text of 40:815(d) (last sentence) is omitted as obsolete.
§6904. Acquisition, maintenance, and use of property
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1201.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6904(a) | 40:816(a)(1). | Pub. L. 90–264, title I, §116(a)(1), (b), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671. |
| 6904(b) | 40:816(b). |
In subsection (a), the words "by lease, purchase, or otherwise", "without limitation", and "interests in the nature of" are omitted as unnecessary.
In subsection (b), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6905 | 40:819a. | Pub. L. 90–264, title I, §120, as added Pub. L. 105–178, title I, §1211(b), June 9, 1998, 112 Stat. 188. |
The words "or their designees" are omitted because of 49:322(b).
§6906. Union Station Fund
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6906(a) | 40:817(b) (1st sentence). | Pub. L. 90–264, title I, §117, as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1671. |
| 6906(b) | 40:817(b) (last sentence words before "and the balance"). | |
| 6906(c) | 40:817(a). | |
| 6906(d) | 40:817(b) (last sentence words after "activities authorized by this part"). |
In subsection (c), the words "without limitation" are omitted as unnecessary.
§6907. Use of other appropriated amounts
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6907(a) | 40:819(c) (1st sentence). | Pub. L. 90–264, title I, §119(c), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672. |
| 6907(b) | 40:819(c) (last sentence). |
In subsection (a), the words "section 24909(a)(2)(A) of title 49" are substituted for "section 704(a)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 854(a)(2))", and the words "section 24902(c)(1) of title 49" are substituted for "section 703(1)(B) of such Act (45 U.S.C. 853(1)(B))", because of section 6(b) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1378), the first section of which enacted Title 49, United States Code. The words "without regard to the matching funds requirement of section 24902(c)(1) of title 49" are omitted as obsolete because section 405(b) of the Amtrak Reform and Accountability Act of 1997 (Public Law 105–134, 111 Stat. 2586) struck out subsection (c) and redesignated subsection (f) as subsection (c).
In subsection (b), the words "section 24909 of title 49" are substituted for "section 704(a) of such Act" because of section 6(b) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1378), the first section of which enacted title 49, United States Code.
§6908. Parking facility
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6908(a) | 40:818(a), (b) (1st, 2d sentences). | Pub. L. 90–264, title I, §118, as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672. |
| 6908(b) | 40:818(b) (last sentence). |
In subsection (a), the text of 40:818(a) and (b) (1st sentence) is omitted as obsolete.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6909 | 40:819(d). | Pub. L. 90–264, title I, §119(d), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1672. |
The words "or his designee or assign" are omitted because of 49:322(b)
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1202.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6910 | 40:813(a). | Pub. L. 90–264, title I, §113(a), as added Pub. L. 97–125, §3(3), Dec. 29, 1981, 95 Stat. 1669. |
In this section, the text of 40:813(a) (last sentence) is omitted as obsolete.
SUBCHAPTER II—NATIONAL VISITOR FACILITIES ADVISORY COMMISSION
§6921. Establishment, composition, and meetings
(a)
(b)
(1)
(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)
(3)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6921(a) | 40:821 (related to creation). | Pub. L. 90–264, title II, §§201 (related to creation), 202(a), Mar. 12, 1968, 82 Stat. 45. |
| 6921(b)(1) | 40:822(a) (1st sentence). | |
| 6921(b)(2) | 40:822(a) (3d sentence). | |
| 6921(b)(3) | 40:822(a) (2d sentence). | |
| 6921(c) | 40:822(a) (last sentence). |
Statutory Notes and Related Subsidiaries
Termination of Advisory Commissions
Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
§6922. Duties
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6922(a) | 40:821 (related to duties). | Pub. L. 90–264, title II, §§201 (related to duties), 202(c), Mar. 12, 1968, 82 Stat. 45. |
| 6922(b) | 40:822(c). |
In subsection (a), the text of 40:821(1) is omitted as obsolete because there is no National Visitors Center.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6923 | 40:822(b). | Pub. L. 90–264, title II, §202(b), Mar. 12, 1968, 82 Stat. 45. |
The words "expenses under section 5703 of title 5" are substituted for "travel expenses including per diem in lieu of subsistence as authorized by section 5703 of title 5 for persons in the government service employed intermittently" to eliminate unnecessary words.
§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 provided, preliminary plans, specifications, and architectural drawings for the facilities, and the estimated cost of the recommended sites and facilities.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 6924 | 40:823. | Pub. L. 90–264, title II, §203, Mar. 12, 1968, 82 Stat. 46. |
The words "from time to time" are omitted as unnecessary. The word "reviews" is omitted as obsolete because the review is a continuing review of the National Visitors Center and there is no National Visitors Center. The words "site or" are omitted because of 1:1.
PART D—PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF COLUMBIA
CHAPTER 81—ADMINISTRATIVE
SUBCHAPTER I—GENERAL
SUBCHAPTER II—JURISDICTION
SUBCHAPTER III—SERVICES FOR FACILITIES
SUBCHAPTER IV—MISCELLANEOUS
SUBCHAPTER I—GENERAL
§8101. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1204.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8101 | 40:19. | R.S. §1797; Apr. 28, 1902, ch. 594, [§] 1 (6th par. on p. 152), 32 Stat. 152. |
In this chapter, the words "Administrator of General Services" are substituted for "Chief of Engineers" [subsequently changed to "Director of Public Buildings and Public Parks of the National Capital" because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983), "Director of the National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
In subsection (a), the words "through the War Department" in section 1797 of the Revised Statutes are omitted because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983).
In subsection (b), the words "If the Administrator . . . decides" are substituted for "when it shall be made to appear to the said Administrator" for clarity. The words "in the District of Columbia" are omitted as unnecessary. The words "the Administrator and the officer in charge" are substituted for "the officer in charge" for clarity.
§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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8102 | 40:137. | Pub. L. 104–132, title VIII, §803, Apr. 24, 1996, 110 Stat. 1305. |
§8103. Application of District of Columbia laws to public buildings and grounds
(a)
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8103 | 40:101. | July 29, 1892, ch. 320, §15, 27 Stat. 325; Pub. L. 90–108, §2, Oct. 20, 1967, 81 Stat. 277. |
In subsection (b), the word "enclosure" is substituted for "inclosure" to use the more understood term.
§8104. Regulation of private and semipublic buildings adjacent to public buildings and grounds
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1205; Pub. L. 109–284, §6(22), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8104 | 40:121. | May 16, 1930, ch. 291, §1, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144. |
In this chapter, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" (meaning the Commissioner of the District of Columbia) because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (a), the words "it is hereby declared that" are omitted as unnecessary.
In subsection (b), the words "To this end, hereafter" are omitted as unnecessary.
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–284 substituted "Commission of Fine Arts" for "Commission on Fine Arts".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206; Pub. L. 109–284, §6(23), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8105 | 40:128. | June 14, 1946, ch. 404, §8, 60 Stat. 258. |
The words "On and after June 14, 1946" are omitted as obsolete. The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title. The words "Administrator of General Services" are substituted for "Commissioner of Public Buildings" because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "constructed by the Administrator" are substituted for "constructed by the Public Buildings Administration" [subsequently changed to "constructed by the General Services Administration" because of section 103(a)] because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title. The words "United States Postal Service" are substituted for "Postmaster General" because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
Editorial Notes
Amendments
2006—Pub. L. 109–284 substituted "post office" for "post-office".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8106 | 40:68. | Aug. 24, 1912, ch. 355, §1 (10th par. on p. 444), 37 Stat. 444. |
The words "On and after August 24, 1912" are omitted as obsolete.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8107 | 40:43. | Mar. 4, 1909, ch. 299, §1 (proviso in 2d par. on p. 997), 35 Stat. 997. |
The words "Director of the National Park Service" are substituted for "Secretary of War" [subsequently changed to "Director of Public Buildings and Public Parks of the National Capital["] because of section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8108 | 40:31. | Apr. 28, 1902, ch. 594, [§] 1 (last par. on p. 152), 32 Stat. 152. |
The words "in any manner whatever" are omitted as unnecessary.
SUBCHAPTER II—JURISDICTION
§8121. Improper appropriation of streets
(a)
(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
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1206.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8121 | 40:66. | R.S. §1818. |
In subsection (a)(1), the words "the District of Columbia" are substituted for "the city of Washington" for consistency in the revised title and with other titles of the United States Code.
In subsection (a)(3), the word "particularly" is omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8122 | 40:64. | May 27, 1908, ch. 200, §1 (1st complete par. on p. 356), 35 Stat. 356. |
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. The words "Constitution Avenue" are substituted for "B Street" to reflect the current name.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8123 | 40:79. | July 1, 1898, ch. 543, §5, 30 Stat. 570. |
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. The word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [which subsequently should have been changed to "Commissioner" (meaning the Commissioner of the District of Columbia) rather than "District of Columbia Council" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
Editorial Notes
References in Text
The Act of July 1, 1898, referred to in text, is act July 1, 1898, ch. 543, 30 Stat. 570, which enacted sections 60, 75, 78, 79, and 80 of former Title 40, Public Buildings, Property, and Works, and amended section 67 of former Title 40. Sections 60, 67, 75, 78, and 80 of former Title 40 have been omitted from the Code. Section 79 of former Title 40 was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. For complete classification of this Act to the Code, see Tables.
§8124. Transfer of jurisdiction between Federal and District of Columbia authorities
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8124(a), (b) | 40:122. | May 20, 1932, ch. 197, §1, 47 Stat. 161; Aug. 30, 1954, ch. 1076, §(20), 68 Stat. 967. |
| 8124(c) | 40:123. | May 20, 1932, ch. 197, §2, 47 Stat. 162. |
In subsection (a), the words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
In subsection (c), the words "but all such laws shall remain in full force and effect" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8125 | 40:82. | Aug. 1, 1914, ch. 223, §1 (last par. on p. 633), 38 Stat. 633. |
For transfer of functions from the Chief of Engineers to the Director of the National Park Service, see the revision note under section 8102 of this title. However, the words "Chief of Engineers of the United States Army" in the source provision are retained for historical purposes.
§8126. Temporary occupancy of Potomac Park by Secretary of Agriculture
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1207.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8126(a) | 40:89 (words before provisos, 2d proviso). | Mar. 3, 1899, ch. 458, §2 (2d par.), 30 Stat. 1378. |
| 8126(b) | 40:89 (1st, last provisos). |
For transfer of functions from the Secretary of War to the Director of the National Park Service, see the revision note under section 8108 of this title.
In subsection (a), the words "of such area or areas" and "in extent" are omitted as unnecessary.
In subsection (b), the words "as provided in section 86 of this title" are omitted as obsolete.
§8127. Part of Washington Aqueduct for playground purposes
(a)
(1) existed on August 31, 1918; and
(2) was transferred by the Chief of Engineers for playground purposes.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8127 | 40:100. | Aug. 31, 1918, ch. 164, §1 (6th par., words before "and over" in last par. under heading "Washington Aqueduct."), 40 Stat. 951. |
In this section, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" [meaning the Commissioner of the District of Columbia] because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789).
In subsection (a), before clause (1), the word "use" is omitted as included in "possession, control, and jurisdiction".
In subsection (b), the words "Secretary of the Army" are substituted for "Secretary of War" because of section 205(a) of the Act of July 26, 1947 (ch. 343, 61 Stat. 501). Section 205(a) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041, 70A Stat. 676), the first section of which enacted Title 10, United States Code. Sections 3010–3013 of title 10 continued the Department of the Army under the administrative supervision of the Secretary of the Army.
SUBCHAPTER III—SERVICES FOR FACILITIES
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8141 | 40:34. | Mar. 3, 1877, ch. 106 (words after 2d semicolon in 3d par. under heading "Miscellaneous"), 19 Stat. 370. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8142 | 40:35. | Aug. 5, 1882, ch. 389 1 [sic] (2d sentence in 8th par. on p. 241), 22 Stat. 241. |
The word "now" in the Act of August 5, 1882 is omitted as obsolete.
§8143. Heat
(a)
(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)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1208.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8143(a) | 40:22a. | June 19, 1934, ch. 648 (last par. on p. 1044), 48 Stat. 1044. |
| 8143(b) | 40:22b. | June 27, 1935, ch. 320, §§1, 2, 49 Stat. 425. |
| 8143(c) | 40:22c. |
In subsection (a), the words "Administrator of General Services" are substituted for "Treasury Department", "Secretary of the Treasury", and ["]Public Works Branch, Procurement Division, Treasury Department" [subsequently changed to "Federal Works Agency", ["]Federal Works Administrator", and "Public Buildings Administration, Federal Works Agency", respectively, because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. In clause (1), the words "not less than cost" are omitted because of 40:22c, restated as subsection (c).
In subsections (b) and (c), the word "Administrator" is substituted for "Secretary of the Interior, through the National Park Service" and "Secretary of the Interior" [both subsequently changed to "Federal Works Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
In subsection (b), before clause (1), the words "Board of Governors of the Federal Reserve System" are substituted for "Federal Reserve Board" because of section 203(a) of the Banking Act of 1935 (ch. 614, 49 Stat. 704).
In subsection (c), the words "On and after June 27" are omitted as obsolete. The words "the Pan American Union buildings" are substituted for "the buildings, old and new, of the Pan American Union" for clarity. The words "as are or hereafter may be" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8144 | 40:113. | June 5, 1920, ch. 235 (2d complete par. on p. 913), 41 Stat. 913. |
The words "the months of" are omitted as unnecessary. The words "Administrator of General Services" are substituted for "Secretary of the Interior" [subsequently changed to ["]Secretary of the Treasury" because of Executive Order No. 4239 (eff. July 1, 1925) and section 1 of Executive Order No. 6166 (eff. June 10, 1933)] because of sections 109(a) and 201(a)(2) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 382, 384), restated as sections 321(b)(1) and 501(d) of the revised title. The word "Government" is substituted for "service" for clarity and for consistency in the revised title and with other titles of the United States Code. The word "municipal" is omitted as unnecessary.
SUBCHAPTER IV—MISCELLANEOUS
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8161 | 40:60a. | June 29, 1956, ch. 479 (3d par. under heading "Department of Vehicles and Traffic"), 70 Stat. 447. |
The words "On and after June 29, 1956" are omitted as obsolete. The words "Council of the District of Columbia" are substituted for ["]Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "District of Columbia Council" because of section 402(300) of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 969)] because of sections 401 and 404(a) of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 785, 787).
§8162. Ailanthus trees prohibited
Ailanthus trees shall not be purchased for, or planted in, the public grounds.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8162 | 40:102. | R.S. §1830. |
The word "ailanthus" is substituted for "ailantus" to correct an error in the source provision.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8163 | 40:103. | June 20, 1878, ch. 359 (proviso in 2d par. under heading "Building and Grounds in and Around Washington and the Executive Mansion"), 20 Stat. 220. |
The words "On and after June 20, 1878" are omitted as obsolete. The words "Only those trees, shrubs, and plants shall be planted in the public reservations" are substituted for "to which purpose only the said productions of the greenhouses and nursery shall be applied" for clarity.
§8164. E. Barrett Prettyman United States Courthouse
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1209.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8164(a) | 40:129a. | May 14, 1948, ch. 290, 62 Stat. 235. |
| 40:130 (words before last comma). | ||
| 40:130a. | ||
| 8164(b) | 40:130 (words after last comma). |
In this section, the words "United States District Court for the District of Columbia" are substituted for "District Court of the United States for the District of Columbia" because of section 32(b) of the Act of June 25, 1948 (ch. 646, 62 Stat. 991), as amended by section 127 of the Act of May 24, 1949 (ch. 139, 63 Stat. 107).
In subsection (a), the words "the E. Barrett Prettyman United States Courthouse" are substituted for "the completed building" because of section 2 of the Act of July 1, 1996 (Public Law 104–151, 110 Stat. 1383). The words "Administrator of General Services" are substituted for "Public Buildings Administration, in the Federal Works Agency" because of 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The text of 40:129a (words before last proviso) is omitted as obsolete. The text of 40:129a (last proviso) is omitted because of section 173(a)(1) of the District of Columbia Court Reform and Criminal Procedure Act of 1970 (Public Law 91–358, 84 Stat. 591). The text of 40:130a is omitted as unnecessary.
In subsection (b), the words "chief judge" are substituted for "chief justice" in both places because of section 32(a) of the Act of June 25, 1948 (ch. 646, 62 Stat. 991), as amended by section 127 of the Act of May 24, 1949 (ch. 139, 63 Stat. 107).
Statutory Notes and Related Subsidiaries
William B. Bryant Annex Designation
Pub. L. 109–101, §§3, 4, Nov. 11, 2005, 119 Stat. 2171, provided that:
"SEC. 3. DESIGNATION OF WILLIAM B. BRYANT ANNEX.
"The annex, located on the 200 block of 3rd Street Northwest in the District of Columbia, to the E. Barrett Prettyman Federal Building and United States Courthouse located at Constitution Avenue Northwest in the District of Columbia shall be known and designated as the 'William B. Bryant Annex'.
"SEC. 4. REFERENCES.
"Any reference in a law, map, regulation, document, paper, or other record of the United States to the annex referred to in section 3 shall be deemed to be a reference to the 'William B. Bryant Annex'."
E. Barrett Prettyman United States Courthouse Designation
Pub. L. 104–151, July 1, 1996, 110 Stat. 1383, provided that:
"SECTION 1. DESIGNATION OF COURTHOUSE.
"The United States courthouse located at 3rd Street and Constitution Avenue, Northwest, in Washington, District of Columbia, shall be designated and known as the 'E. Barrett Prettyman United States Courthouse'.
"SEC. 2. REFERENCES.
"Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the 'E. Barrett Prettyman United States Courthouse'."
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8165 | 40:42. | Jan. 16, 1883, ch. 27, §4, 22 Stat. 405. |
In this section, the words "the Director of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5" are substituted for "said commission and said examinations" in section 4 of the Act of January 16, 1883, because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783) and section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code. The words "Administrator of General Services" are substituted for "Secretary of the Interior" [subsequently changed to "Civil Service Commission" because of section 1 (1st complete par. on p. 642) of the Act of May 29, 1920 (ch. 214, 41 Stat. 642)] because of sections 1 and 2 of Reorganization Plan No. 18 of 1950 (eff. July 1, 1950, 64 Stat. 1270).
CHAPTER 83—WASHINGTON METROPOLITAN REGION DEVELOPMENT
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8301 | 40:135. | Pub. L. 86–527, §6, June 27, 1960, 74 Stat. 224. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8302 | 40:131. | Pub. L. 86–527, §2, June 27, 1960, 74 Stat. 223. |
The words "The Congress hereby declares that" are omitted as obsolete. The words "at the seat of said Government" are omitted as unnecessary.
§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, 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1210.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8303 | 40:132. | Pub. L. 86–527, §3, June 27, 1960, 74 Stat. 223. |
The words "The Congress further declares that" are omitted as obsolete. The word "Mayor" is substituted for "Board of Commissioners" [subsequently changed to "Commissioner" because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Self–Government and Governmental Reorganization Act (Public Law 93–198, 87 Stat. 789.)
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8304 | 40:133. | Pub. L. 86–527, §4, June 27, 1960, 74 Stat. 223. |
The words "The Congress further declares that" are omitted as obsolete.
CHAPTER 85—NATIONAL CAPITAL SERVICE AREA AND DIRECTOR
§8501. National Capital Service Area
(a)
(1)
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;
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;
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)
(3)
(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)
(1)
(A) apply to the United States Capitol Buildings and Grounds as defined and described in sections 5101 and 5102 of this title, 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)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1211; Pub. L. 109–284, §6(24), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8501(a) | 40:136(a), (f). | Pub. L. 93–198, title VII, §739(a), (f), (h)–(j), Dec. 24, 1973, 87 Stat. 825, 826, 829. |
| 8501(b)(1) | 40:136(h)(1). | |
| 8501(b)(2) | 40:136(i). | |
| 8501(c) | 40:136(h)(2). | |
| 8501(d) | 40:136(j). |
In subsection (a)(1), the words "Washington Avenue Southwest" are substituted for "Canal Street Southwest" because of section 2 of D.C. Law 8–39. See section 7–451 note of the District of Columbia Code.
In subsection (b)(1)(A), reference to the Supreme Court Building is omitted because 40:13p only describes the Supreme Court grounds.
In subsection (b)(1)(B)(ii), the words "by law, or otherwise" are omitted as unnecessary.
In subsection (b)(2), the words "and such laws, regulations, and rules shall thereafter be applicable to and within such area in the manner and to the extent so provided by any such amendment, alteration, or modification" are omitted as unnecessary.
In subsection (c), the words "Notwithstanding the foregoing provisions of this section" are omitted as unnecessary. The words "section 1537 of title 31" are substituted for "section 731 of this Act" because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words "by law or otherwise" and "rendering and receiving such services" are omitted as unnecessary.
Editorial Notes
References in Text
Sections 9, 9A, 9B, 9C, and 14 of the Act of July 31, 1946, referred to in subsec. (b)(1)(B)(i), are classified to sections 1961, 1966, 1967, 1922, and 1969, respectively, of Title 2, The Congress.
The District of Columbia Home Rule Act, referred to in subsec. (c), is Pub. L. 93–198, Dec. 24, 1973, 87 Stat. 774. For complete classification of this Act to the Code, see Tables.
Amendments
2006—Subsec. (b)(1)(A). Pub. L. 109–284 inserted "of this title" after "sections 5101 and 5102".
§8502. National Capital Service Director
(a)
(b)
(c)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1215; Pub. L. 109–284, §6(25), (26), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8502(a) | 40:136(b) (1st sentence), (c) (1st sentence). | Pub. L. 93–198, title VII, §739(b), (c), Dec. 24, 1973, 87 Stat. 825. |
| 8502(b) | 40:136(c) (last sentence). | |
| 8502(c) | 40:136(b) (2d, last sentences). |
In subsection (a), the words "from time to time" and "of section 5314 [sic] of title 5" are omitted as unnecessary. [The words "of section 5314 of title 5" were not omitted.]
In subsection (b), the reference to chapter 33 of title 5 is substituted for "the provisions of title 5 governing appointments in the competitive service" for clarity and for consistency in the revised title and with other titles of the United States Code. The words "subchapter III" are substituted for "subchapter 3" to correct an error in the source provision.
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–284, §6(25), substituted "5315" for "5314".
Subsec. (c)(2). Pub. L. 109–284, §6(26), inserted "of this title" after "sections 5101 and 5102".
CHAPTER 87—PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION
SUBCHAPTER I—GENERAL
SUBCHAPTER II—PLANNING AGENCIES
SUBCHAPTER III—PLANNING PROCESS
SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND
SUBCHAPTER I—GENERAL
§8701. Findings and purposes
(a)
(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)
(1)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1216.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8701(a) | 40:71(a) (2d sentence). | June 6, 1924, ch. 270, §1(a), 43 Stat. 463; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; July 19, 1952, ch. 949, §1, 66 Stat. 781. |
| 8701(b)(1) | 40:71(a) (1st sentence). | |
| 8701(b)(2) | 40:71(a) (last sentence). |
In subsection (a)(7), the words "from time to time" are omitted as unnecessary.
In subsection (b), the text of 40:72a, restated as section 8732 of the revised title, is included in the purposes and objectives of this chapter because by its terms, the authority of the National Capital Planning Commission is enlarged as provided in that section.
§8702. Definitions
In this chapter—
(1)
(2)
(3)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1216.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8702 | 40:71(b). | June 6, 1924, ch. 270, §1(b), 43 Stat. 463; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; July 19, 1952, ch. 949, §1, 66 Stat. 782. |
In clause (3)(D), the words "now or hereafter existing" are omitted as unnecessary.
In clause (4), the words "whether or not its jurisdiction is exclusive or concurrent" are omitted as unnecessary.
SUBCHAPTER II—PLANNING AGENCIES
§8711. National Capital Planning Commission
(a)
(b)
(1)
(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)
(3)
(4)
(c)
(d)
(e)
(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)
(g)
(h)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1217; Pub. L. 109–284, §6(27), Sept. 27, 2006, 120 Stat. 1213; Pub. L. 111–350, §5(l)(23), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8711(a) | 40:71a(a)(1). | June 6, 1924, ch. 270, §2(a)(1), (b), (c), (e), as added July 19, 1952, ch. 949, §1, 66 Stat. 782; Sept. 25, 1962, Pub. L. 87–683, 76 Stat. 575; Dec. 24, 1973, Pub. L. 93–198, title II, §203(a), (b), 87 Stat. 779, 782. |
| 8711(b) | 40:71a(b). | |
| 8711(c), (d) | 40:71a(c). | |
| 8711(e) | 40:71a(e). | |
| 8711(f) | 40:71h. | June 6, 1924, ch. 270, §9, as added July 19, 1952, ch. 949, §1, 66 Stat. 790. |
| 8711(g) | 40:74. | June 6, 1924, ch. 270, §13, formerly §4, 43 Stat. 464; renumbered §13, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791; Pub. L. 94–273, §21, Apr. 21, 1976, 90 Stat. 379. |
| 8711(h) | 40:71a note. | Pub. L. 105–83, (last proviso in par. under heading "National Capital Planning Commission"), Nov. 14, 1997, 111 Stat. 1589. |
In this chapter, the word "Mayor" is substituted for "Commissioners" [meaning the Board of Commissioners of the District of Columbia] [subsequently changed to "Commissioner" [meaning the Commissioner of the District of Columbia] because of section 401 of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 951)] because of section 421 of the District of Columbia Home Rule Act (Public Law 93–198, 87 Stat. 789). The words "Council of the District of Columbia" are substituted for "Board of Commissioners of the District of Columbia" [subsequently changed to "District of Columbia Council" because of section 402(21), (28), (32), and (199) of Reorganization Plan No. 3 of 1967 (eff. Nov. 3, 1967, 81 Stat. 952, 953, 963)] because of sections 401 and 404(a) of the Act (87 Stat. 785, 787).
In subsection (b)(1)(A), the words "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" are substituted for "and the chairman of the Committees of the District of Columbia of the Senate and the House of Representatives" in section 2(b)(1) of the Act of June 24, 1924 (ch. 270), because of Rule XXV of the Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as the "Committee System Reorganization Amendments of 1977"), approved February 4, 1977, section 1(b)(1) of the Act of June 3, 1995 (Public Law 104–14, 2:21 note prec.), and Rule X(1)(h) of House Resolution No. 5 (105th Congress, January 6, 1999).
In subsection (b)(2), the words "bona fide" are omitted as unnecessary.
In subsection (b)(3), the words "except that of the members first appointed, the President shall designate one to serve two years and one to serve four years" and "The members first appointed under this section shall assume their office on January 2, 1975" are omitted as obsolete.
In subsection (b)(4), the words "are entitled to $100 a day when performing duties" are substituted for "shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties" to eliminate unnecessary words.
In subsection (d), the words "chapters 33 and 51, and subchapter III of chapter 53" are substituted for "the civil service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (e), before clause (1), the words "As hereinafter more specifically described in sections 71c to 71g of this title" are omitted as unnecessary. The text of 40:71a(e)(3) is omitted as obsolete because the National Capital Regional Planning Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note). In clause (2), the words "in such capacity" are omitted as unnecessary.
Subsection (f) is substituted for 40:71h to eliminate obsolete language.
In subsection (g), the words "Said Commission shall report to Congress annually on the first Monday of March the lands acquired during the preceding fiscal year, the method of acquisition, and the cost of each tract" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 180 of House Document No. 103–7. The words "Office of Management and Budget" are substituted for "Bureau of the Budget" in section 13 of the Act of June 6, 1924, because the Bureau of the Budget was redesignated the Office of Management and Budget by section 102 of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970 was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:501, continued the designation as Office of Management and Budget.
In subsection (h), the words "beginning in fiscal year 1998 and thereafter" are omitted as obsolete.
Editorial Notes
References in Text
Act of March 2, 1893, referred to in subsec. (f), is act Mar. 2, 1893, ch. 197, 27 Stat. 532, which is not classified to the Code.
Act of June 6, 1924, referred to in subsec. (f), is act June 6, 1924, ch. 270, 43 Stat. 463, which enacted sections 71 to 71i, 72, 73, and 74 of former Title 40, Public Buildings, Property, and Works. Sections 71, 71a, 71c, 71d, 71f to 71i, 72, 73, and 74 of former Title 40 were repealed and reenacted as sections 8701, 8702, 8711, 8721 to 8724, 8731, and 8737 of this title by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304. Section 71b of former Title 40 was repealed by Pub. L. 107–217. Section 71e of former Title 40 was repealed by Pub. L. 93–198, title II, §203(e), Dec. 24, 1973, 87 Stat. 782. For complete classification of this Act to the Code, see Tables.
Amendments
2011—Subsec. (d). Pub. L. 111–350, which directed substitution of "section 6101(b) to (d) of title 41" for "section 3709 of the Revised Statutes (41 U.S.C. 5)", was executed by making the substitution for "section 3709 of the Revised Statues (41 U.S.C. 5)" to reflect the probable intent of Congress.
2006—Subsec. (a). Pub. L. 109–284 inserted "of this title" after "sections 5101 and 5102".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.
Compensation of Appointed Commission Members
Pub. L. 108–108, title II, Nov. 10, 2003, 117 Stat. 1301, provided in part: "That for fiscal year 2004 and thereafter, all appointed members of the Commission will be compensated at a rate not to exceed the daily equivalent of the annual rate of pay for positions at level IV of the Executive Schedule for each day such member is engaged in the actual performance of duties."
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 108–7, div. F, title II, Feb. 20, 2003, 117 Stat. 269.
Pub. L. 107–63, title II, Nov. 5, 2001, 115 Stat. 464.
Pub. L. 106–291, title II, Oct. 11, 2000, 114 Stat. 986.
Pub. L. 106–113, div. B, §1000(a)(3), [title II], Nov. 29, 1999, 113 Stat. 1535, 1501A-189.
Pub. L. 105–277, div. A, §101(e) [title II], Oct. 21, 1998, 112 Stat. 2681–231, 2681-285.
Pub. L. 105–83, title II, Nov. 14, 1997, 111 Stat. 1589.
Pub. L. 104–208, div. A, title I, §101(d) [title II], Sept. 30, 1996, 110 Stat. 3009–181, 3009-219.
Pub. L. 104–134, title I, §101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–195; renumbered title I, Pub. L. 104–140, §1(a), May 2, 1996, 110 Stat. 1327.
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2535.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1414.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1414.
§8712. Mayor of the District of Columbia
(a)
(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 of this title, any extension of, or additions to, those Buildings and Grounds, and buildings and grounds under the care of the Architect of the Capitol.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1218; Pub. L. 109–284, §6(28), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8712 | 40:71a(a)(2). | June 6, 1924, ch. 270, §2(a)(2), as added July 19, 1952, ch. 949, §1, 66 Stat. 782; Pub. L. 93–198, title II, §203(a), Dec. 24, 1973, 87 Stat. 779. |
Editorial Notes
Amendments
2006—Subsec. (a)(2). Pub. L. 109–284 inserted "of this title" after "sections 5101 and 5102".
SUBCHAPTER III—PLANNING PROCESS
§8721. Comprehensive plan for the National Capital
(a)
(b)
(c)
(1)
(2)
(3)
(A)
(B)
(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)
(D)
(d)
(e)
(1)
(2)
(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)
(g)
(h)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1219.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8721(a) | 40:71c(a), (d). | June 6, 1924, ch. 270, §4(a), (d), (e) (1st par.), as added July 19, 1952, ch. 949, §1, 66 Stat. 785, 787; Pub. L. 93–198, title II §203(c)(1), (2), Dec. 24, 1973, 87 Stat. 782. |
| 8721(b) | 40:71a(a)(3). | June 6, 1924, ch. 270, §2(a)(3), (4), as added July 19, 1952, ch. 949, §1, 66 Stat. 782; Pub. L. 93–198, title II, §203(a), Dec. 24, 1973, 87 Stat. 779. |
| 8721(c), (d) | 40:71a(a)(4)(A)–(C). | |
| 8721(e) | 40:71c(e) (1st par.). | |
| 8721(f) | 40:71a(a)(4)(E). | |
| 8721(g) | 40:71a(a)(4)(D). | |
| 8721(h)(1) | 40:71a(a)(4)(F). | |
| 8721(h)(2) | 40:71a(d). | June 6, 1924, ch. 270, §2(d), as added July 19, 1952, ch. 949, §1, 66 Stat. 783. |
In subsection (a), the text of 40:71c(a) (2d, 3d sentences) and reference to the National Capital Regional Planning Council are omitted as obsolete because the Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note). The words "from time to time" are omitted as unnecessary.
In subsection (e)(2), before clause (A), the words "in addition and at its discretion" are omitted as unnecessary.
In subsection (g), the words "from time to time" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
§8722. Proposed federal and district developments and projects
(a)
(b)
(1)
(2)
(A)
(B)
(c)
(1)
(2)
(3)
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1221; Pub. L. 109–284, §6(29), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8722(a) | 40:71d(e). | June 6, 1924, ch. 270, §5, as added July 19, 1952, ch. 949, §1, 66 Stat. 787; Pub. L. 93–198, title II, §203(d), Dec. 24, 1973, 87 Stat. 782. |
| 8722(b)(1) | 40:71d(a) (1st sentence words before proviso, 2d–last sentences). | |
| 8722(b)(2)(A) | 40:71d(b). | |
| 8722(b)(2)(B) | 40:71d(a) (1st sentence proviso). | |
| 8722(c)(1), (2) | 40:71d(d). | |
| 8722(c)(3) | 40:71c(e) (last par.). | June 6, 1924, ch. 270, §4(e) (last par.), as added July 19, 1952, ch. 949, §1, 66 Stat. 787. |
| 8722(d) | (uncodified). | June 20, 1938, ch. 534, §16, 52 Stat. 802. |
| 8722(e) | 40:71d(c). |
In subsection (a), the words "including the acquisition of land" are omitted as unnecessary.
In subsection (b)(1), the words "received and" are omitted as unnecessary.
In subsection (c)(2), reference to the National Capital Regional Planning Council is omitted as obsolete because the Council was abolished by section 1 of Reorganization Plan No. 5 of 1966 (eff. Sept. 8, 1966, 40:71b note).
In subsection (c)(3), the word "work" is substituted for "act in conjunction and cooperation" to eliminate unnecessary words.
In subsection (d), the word "Commission" [meaning the National Capital Planning Commission] is substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
In subsection (e), the words "the boundaries of" and "and from time to time redefined" are omitted as unnecessary.
Editorial Notes
References in Text
The Act of June 20, 1938, referred to in subsec. (d), is act June 20, 1938, ch. 534, 52 Stat. 797. While the Act was not classified to the Code, section 16 of the Act was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§1, 6, Aug. 21, 2002, 116 Stat. 1062, 1304. See Historical and Revision Notes above.
Amendments
2006—Subsec. (d). Pub. L. 109–284 substituted "52 Stat. 797" for "52 Stat. 802" and "are subject" for "is subject".
§8723. Capital improvements
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8723 | 40:71f. | June 6, 1924, ch. 270, §7, as added July 19, 1952, ch. 949, §1, 66 Stat. 789; Pub. L. 93–198, title II, §203(f), Dec. 24, 1973, 87 Stat. 782. |
In subsection (b), the words "District of Columbia Home Rule Act" are substituted for "District of Columbia of Columbia Self-Government and Governmental Reorganization Act" because of section 11717(b) of the Balanced Budget Act of 1997 (Public Law 105–33, 111 Stat. 786).
Editorial Notes
References in Text
Section 444 of the District of Columbia Home Rule Act, referred to in subsec. (b), is section 444 of Pub. L. 93–198, title IV, Dec. 24, 1973, 87 Stat. 800, which is not classified to the Code.
§8724. Zoning regulations and maps
(a)
(b)
(c)
(1)
(2)
(A) to the extent the Planning Commission decides; and
(B) when requested by the Zoning Commission and approved by the Planning Commission.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1223.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8724(a) | 40:71g(a). | June 6, 1924, ch. 270, §8(a)–(c), as added July 19, 1952, ch. 949, §1, 66 Stat. 790; Pub. L. 93–198, title II, §203(g), Dec. 24, 1973, 87 Stat. 783. |
| 8724(b) | 40:71g(b). | |
| 8724(c) | 40:71g(c). |
In subsection (a), the words "Act of June 20, 1938" are substituted for "Act of March 1, 1920" to correct an error in the law.
In subsection (b), the words "properly", "at its discretion", and "or its representative" are omitted as unnecessary.
In subsection (c)(1), the words "from time to time" are omitted as unnecessary.
Editorial Notes
References in Text
Section 5 of the Act of June 20, 1938, referred to in subsec. (a), is section 5 of act June 20, 1938, ch. 534, 52 Stat. 798, which is not classified to the Code.
§8725. Recommendations on platting and subdividing land
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8725 | 40:71g(d). | June 6, 1924, ch. 270, §8(d), as added July 19, 1952, ch. 949, §1, 66 Stat. 790. |
In subsection (b), the words "to the Council" are added for clarity.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8726 | 40:71i. | June 6, 1924, ch. 270, §10, as added July 19, 1952, ch. 949, §1, 66 Stat. 791. |
The words "any existing provisions of law to the contrary notwithstanding" are omitted as unnecessary.
SUBCHAPTER IV—ACQUIRING AND DISPOSING OF LAND
§8731. Acquiring land for park, parkway, or playground purposes
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1224.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8731(a) | 40:72 (1st, 4th sentences). | June 6, 1924, ch. 270, §11, formerly §2, 43 Stat. 463; renumbered §11, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |
| 8731(b) | 40:72 (2d, 3d sentence). | |
| 8731(c) | 40:73 (3d–last sentences). | June 6, 1924, ch. 270, §12 (3d–last sentences), formerly §3 (3d–last sentences), 43 Stat. 463; renumbered §12, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |
| 8731(d) | 40:72 (last sentence). |
In subsection (a), the words "or a majority thereof" are omitted as unnecessary.
In subsection (b)(2), the words "section 1 of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 572)" are substituted for 40:72 (2d sentence words after "in accordance with") because provisions in section 3 of the Act of August 30, 1890 (ch. 837, 26 Stat. 412), established the act as permanent and general. The act therefore was classified to 40:120, which was superseded by the Act of March 1, 1929 (ch. 416, 45 Stat. 1415), which was classified to 40:361 et seq. That law was repealed by section 21(b) of the Act of December 23, 1963 (Public Law 88–241, 77 Stat. 627), with the subject matter of those sections being restated in section 1 of that Act.
In subsection (b)(3), the words "either by purchase or condemnation proceedings" and "as to acquisition and payment for the lands as it shall determine upon" are omitted as unnecessary.
In subsection (c)(1), the words "Director of the National Park Service" are substituted for "Chief of Engineers of the United States Army" [subsequently changed to "Director of Public Buildings and Public Parks" by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983)] because of section 1(words before 3d comma in 2d complete par. on p. 389) of the Act of March 2, 1934 (ch. 38, 48 Stat. 389).
In subsection (c)(2), the words "in Maryland or Virginia" are substituted for "outside the District of Columbia" for clarity and for consistency in this section. The words "such agreements to be subject to the approval of the President" are omitted because of 40:72 (last sentence), restated as subsection (d).
Editorial Notes
References in Text
Section 1 of the Act of December 23, 1963, referred to in subsec. (b)(2), is section 1 of Pub. L. 88–241, Dec. 23, 1963, 77 Stat. 478, which enacted general and permanent laws relating to judiciary and judicial procedure in the District of Columbia, and which is not classified to the Code.
§8732. Acquiring land subject to limited rights reserved to grantor and limited permanent rights in land adjoining park property
(a)
(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)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8732(a) | 40:72a (1st par., last par. less provisos). | Dec. 22, 1928, ch. 48, §1, 45 Stat. 1070. |
| 8732(b) | 40:72a (last par. 1st–3d provisos). | |
| 8732(c) | 40:72a (last par. last proviso). |
In subsection (a), the text of 40:72a (1st par.) is omitted as unnecessary.
§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 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1225.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8733 | 40:72b. | Dec. 22, 1928, ch. 48, §2, 45 Stat. 1070. |
The words "Administrator of General Services" are substituted for "Director of Public Buildings and Public Parks of the National Capital" [subsequently changed to "Director of the National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title.
§8734. Sale of land by Mayor
(a)
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8734(a) | 40:72c. | Aug. 5, 1939, ch. 449, §§1, 2, 53 Stat. 1211. |
| 8734(b) | 40:72d. |
In subsection (a), the words "in his discretion", "and convey, in whole or in part", and "now or hereafter" are omitted as unnecessary.
§8735. Sale of land by Secretary of the Interior
(a)
(b)
(c)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1226.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8735(a) | 40:74a. | Aug. 5, 1939, ch. 449, §§4–6, 53 Stat. 1211. |
| 8735(b) | 40:74b. | |
| 8735(c) | 40:74c. |
In subsection (a), the words "in his discretion", "and convey, in whole or in part", and "proper" are omitted as unnecessary.
In subsection (b), reference to sections 72c to 72e is omitted as unnecessary because the Secretary of the Interior does not have authority to sell land under those sections.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8736 | 40:72e. | Aug. 5, 1939, ch. 449, §3, 53 Stat. 1211. |
The word "proper" is omitted as unnecessary. The words "as required by" are substituted for "either by metes and bounds, or otherwise according to" to eliminate unnecessary words.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8737 | 40:73 (1st, 2d sentences). | June 6, 1924, ch. 270, §12 (1st, 2d sentences), formerly §3 (1st, 2d sentences), 43 Stat. 463; renumbered §12, July 19, 1952, ch. 949, §2 (1st sentence), 66 Stat. 791. |
CHAPTER 89—NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS
1 Section catchline amended by Pub. L. 108–126 without corresponding amendment of analysis.
§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 and its environs, and to encourage the location of commemorative works within the urban fabric of 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, §203(a), Nov. 17, 2003, 117 Stat. 1349.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8901 | 40:1001. | Pub. L. 99–652, §1, Nov. 14, 1986, 100 Stat. 3650. |
Editorial Notes
Amendments
2003—Par. (2). Pub. L. 108–126 substituted "Columbia and its environs, and to encourage the location of commemorative works within the urban fabric of the District of Columbia;" for "Columbia;".
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Pub. L. 108–126, title II, §205, Nov. 17, 2003, 117 Stat. 1353, provided that: "Except for the provision in the amendment made by section 202(b) [amending section 8908 of this title] prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of title 40, United States Code), nothing in this title [see Short Title of 2003 Amendment note set out under section 101 of this title] shall apply to a commemorative work for which a site was approved in accordance with chapter 89 of title 40, United States Code, prior to the date of enactment of this title [Nov. 17, 2003]."
Findings
Pub. L. 108–126, title II, §202(a), Nov. 17, 2003, 117 Stat. 1349, provided that: "Congress finds that—
"(1) the great cross-axis of the Mall in the District of Columbia, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, is a substantially completed work of civic art; and
"(2) to preserve the integrity of the Mall, a reserve area should be designated within the core of the great cross-axis of the Mall where the siting of new commemorative works is prohibited."
§8902. Definitions and nonapplication
(a)
(1)
(2)
(3)
(4)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1227; Pub. L. 108–126, title II, §203(b), Nov. 17, 2003, 117 Stat. 1350.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8902(a) | 40:1002. | Pub. L. 99–652, §2, Nov. 14, 1986, 100 Stat. 3650; Pub. L. 103–321, §2(a), Aug. 26, 1994, 108 Stat. 1793. |
| 8902(b) | 40:1010(e). | Pub. L. 99–652, §10(e), Nov. 14, 1986, 100 Stat. 3654. |
In subsection (a), the text of 40:1002(a) and (b) is omitted as unnecessary because the complete names of the Secretary of the Interior and the Administrator of General Services are used the first time the terms appear in a section.
In subsection (a)(3), the words "notwithstanding any other provision of law" are omitted as unnecessary. The words "Administrator of General Services" are substituted for "General Services Administration" because of section 101(b) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 379), which is restated as section 302(a) of the revised title.
In subsection (b), the words "January 3, 1985" are substituted for "the commencement of the Ninety-ninth Congress" for clarity.
Editorial Notes
References in Text
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to section 501 of Title 26, Internal Revenue Code.
Amendments
2003—Subsec. (a). Pub. L. 108–126 added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: "In this chapter, the following definitions apply:
"(1)
"(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, 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)
"(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)
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
§8903. Congressional authorization of commemorative works
(a)
(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)
(c)
(d)
(e)
(1) the Secretary of the Interior or the Administrator of General Services (as appropriate) has issued a construction permit for the commemorative work during that period; or
(2) the Secretary or the Administrator (as appropriate), in consultation with the National Capital Memorial Advisory Commission, has made a determination that—
(A) final design approvals have been obtained from the National Capital Planning Commission and the Commission of Fine Arts; and
(B) 75 percent of the amount estimated to be required to complete the commemorative work has been raised.
If these two conditions have been met, the Secretary or the Administrator (as appropriate) may extend the seven-year legislative authority for a period not to exceed three additional years. Upon expiration of the legislative authority, any previous site and design approvals shall also expire.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1228; Pub. L. 108–126, title II, §203(c), Nov. 17, 2003, 117 Stat. 1350; Pub. L. 111–11, title VII, §7116(e)(1), Mar. 30, 2009, 123 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8903(a) | 40:1003(a). | Pub. L. 99–652, §3, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 100–202, §101(f) [title II, §3], Dec. 22, 1987, 101 Stat. 1329–196; Pub. L. 100–230, §3, Jan. 5, 1988, 101 Stat. 1564; Pub. L. 103–321, §2(b), Aug. 26, 1994, 108 Stat. 1793; Pub. L 104–186, title II, §221(18), Aug. 20, 1996, 110 Stat. 1750. |
| 8903(b) | 40:1003(b). | |
| 8903(c) | 40:1003(c). | |
| 8903(d) | 40:1003(d). | |
| 8903(e) | 40:1010(b). | Pub. L. 99–652, §10(b), Nov. 14, 1986, 100 Stat. 3654; Pub. L. 102–216, §1, Dec. 11, 1991, 105 Stat. 1666. |
In subsection (a)(1), the words "in the District of Columbia and its environs" are omitted as unnecessary.
In subsection (d), the words "House Administration" are substituted for "House Oversight" because the name of the Committee was changed in the 106th Congress. See Rule X(1)(i) of the Rules of the House of Representatives.
Editorial Notes
Amendments
2009—Subsec. (d). Pub. L. 111–11, which directed insertion of "Natural" before "Resources", was executed by making the insertion before "Resources of the House", to reflect the probable intent of Congress.
2003—Subsec. (b). Pub. L. 108–126, §203(c)(1), substituted "work solely commemorating a limited military engagement" for "work commemorating a lesser conflict" and "such war or conflict" for "the event".
Subsec. (d). Pub. L. 108–126, §203(c)(2), substituted "Memorial Advisory Commission" for "Memorial Commission" in heading, and in text substituted "Resources" for "House Administration" and inserted "Advisory" before "Commission".
Subsec. (e). Pub. L. 108–126, §203(c)(3), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: "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."
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
§8904. National Capital Memorial Advisory Commission
(a)
(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)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §203(d), Nov. 17, 2003, 117 Stat. 1351; Pub. L. 111–11, title VII, §7116(e)(2), Mar. 30, 2009, 123 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8904(a), (b) | 40:1004(a). | Pub. L. 99–652, §4, Nov. 14, 1986, 100 Stat. 3651. |
| 8904(c) | 40:1004(b) (1st sentence). | |
| 8904(d) | 40:1004(b) (last sentence). |
Editorial Notes
Amendments
2009—Subsec. (b). Pub. L. 111–11 inserted "Advisory" before "Commission".
2003—Pub. L. 108–126, §203(d)(1), inserted "Advisory" before "Commission" in section catchline.
Subsec. (a). Pub. L. 108–126, §203(d)(2), substituted "There is established the National Capital Memorial Advisory Commission, which shall be composed of" for "There is a National Capital Memorial Commission. The membership of the Commission consists of" in introductory provisions.
Subsec. (c). Pub. L. 108–126, §203(d)(3), inserted "Advisory" before "Commission shall" and substituted "Services (as appropriate)" for "Services".
Subsec. (d). Pub. L. 108–126, §203(d)(4), inserted "Advisory" before "Commission".
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
Termination of Advisory Commissions
Advisory commissions established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a commission established by the President or an officer of the Federal Government, such commission is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a commission established by the Congress, its duration is otherwise provided for by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
§8905. Site and design approval
(a)
(1)
(2)
(b)
(1)
(2)
(A) it does not interfere with, or encroach on, an existing commemorative work; and
(B) to the maximum extent practicable, it protects open space, existing public use, and cultural and natural resources.
(3)
(4)
(5)
(6)
(c)
(1)
(2)
(A) be displayed—
(i) inside an ancillary structure associated with the commemorative work; or
(ii) as part of a manmade landscape feature at the commemorative work; and
(B) conform to applicable National Park Service or General Services Administration guidelines for donor recognition, as applicable.
(3)
(A) be limited to an appropriate statement or credit recognizing the contribution;
(B) be displayed in a form in accordance with National Park Service and General Services Administration guidelines;
(C) be displayed for a period of up to 10 years, with the display period to be commensurate with the level of the contribution, as determined in accordance with the plan and guidelines described in subparagraph (B);
(D) be freestanding; and
(E) not be affixed to—
(i) any landscape feature at the commemorative work; or
(ii) any object in a museum collection.
(4)
(5)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1229; Pub. L. 108–126, title II, §§203(e), 204, Nov. 17, 2003, 117 Stat. 1351, 1352; Pub. L. 113–291, div. B, title XXX, §3054(c), Dec. 19, 2014, 128 Stat. 3807.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8905(a) | 40:1007(a). | Pub. L. 99–652, §7, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, §2(d), Aug. 26, 1994, 108 Stat. 1794. |
| 8905(b) | 40:1007(b). |
Editorial Notes
Amendments
2014—Subsec. (b)(7). Pub. L. 113–291, §3054(c)(1), struck out par. (7). Text read as follows: "Donor contributions to commemorative works shall not be acknowledged in any manner as part of the commemorative work or its site."
Subsec. (c). Pub. L. 113–291, §3054(c)(2), added subsec. (c).
2003—Subsec. (a). Pub. L. 108–126, §203(e)(1)(A), substituted "sponsor" for "person" wherever appearing.
Subsec. (a)(1). Pub. L. 108–126, §203(e)(1)(B), inserted "Advisory" before "Commission" and substituted "design concepts" for "designs".
Subsec. (b). Pub. L. 108–126, §203(e)(2)(A), substituted "and the Secretary or Administrator (as appropriate)" for "Secretary, and Administrator" in introductory provisions.
Subsec. (b)(2)(B). Pub. L. 108–126, §203(e)(2)(B), substituted "open space, existing public use, and cultural and natural resources." for "open space and existing public use."
Subsec. (b)(5) to (7). Pub. L. 108–126, §204, added pars. (5) to (7).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
1 So in original. Probably should be section "8902(a)(2)."
§8906. Criteria for issuance of construction permit
(a)
(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 sponsor authorized to construct the commemorative work has submitted contract documents for construction of the commemorative work to the Secretary or Administrator; and
(4) the sponsor authorized to construct the commemorative work has available sufficient amounts to complete construction of the project.
(b)
(1) In addition to the criteria described above in subsection (a), no construction permit shall be issued unless the sponsor 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. All such amounts shall be available for those purposes pursuant to the provisions of this subsection. The provisions of this subsection shall not apply in instances when the commemorative work is constructed by a Department or agency of the Federal Government and less than 50 percent of the funding for such work is provided by private sources.
(2) Notwithstanding any other provision of law, money on deposit in the Treasury on the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 provided by a sponsor for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury.
(3) Money provided by a sponsor pursuant to the provisions of this subsection after the date of enactment of the Commemorative Works Clarification and Revision Act of 2003 shall be credited to a separate account with the National Park Foundation.
(4) Upon request of the Secretary or Administrator (as appropriate), the Secretary of the Treasury or the National Park Foundation shall make all or a portion of such moneys available to the Secretary or the Administrator (as appropriate) for the maintenance of a commemorative work. Under no circumstances may the Secretary or Administrator request funds from a separate account exceeding the total money in the account established under paragraph (2) or (3). The Secretary and the Administrator shall maintain an inventory of funds available for such purposes. Funds provided under this paragraph shall be available without further appropriation and shall remain available until expended.
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1230; Pub. L. 108–126, title II, §203(f), Nov. 17, 2003, 117 Stat. 1351.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8906(a) | 40:1008(a). | Pub. L. 99–652, §8, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103–321, §2(e), Aug. 26, 1994, 108 Stat. 1794. |
| 8906(b)(1) | 40:1008(b) (words before proviso), cl. (1). | |
| 8906(b)(2), (3) | 40:1008(b)(2). | |
| 8906(b)(4) | 40:1008(b) (proviso). | |
| 8906(c) | 40:1008(c)(1). | |
| 8906(d) | 40:1008(c)(2). |
In subsection (b)(1), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
In subsection (b)(2), the words "Congress authorizes and directs that" are omitted as unnecessary.
Editorial Notes
References in Text
The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (b)(2), (3), is the date of enactment of Pub. L. 108–126, which was approved on Nov. 17, 2003.
Amendments
2003—Subsec. (a)(3), (4). Pub. L. 108–126, §203(f)(1), substituted "sponsor" for "person".
Subsec. (b). Pub. L. 108–126, §203(f)(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows:
"(1)
"(2)
"(3)
"(4)
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendments by Pub. L. 108–126 not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
§8907. Temporary site designation
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8907(a) | 40:1009(a) (1st sentence). | Pub. L. 99–652, §9, Nov. 14, 1986, 100 Stat. 3653; Pub. L. 103–321, §2(f), Aug. 26, 1994, 108 Stat. 1795. |
| 8907(b) | 40:1009(a) (2d, last sentences). | |
| 8907(c) | 40:1009(b). |
§8908. Areas I and II
(a)
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231; Pub. L. 108–126, title II, §§202(b), 203(g), Nov. 17, 2003, 117 Stat. 1349, 1352; Pub. L. 111–11, title VII, §7116(e)(3), Mar. 30, 2009, 123 Stat. 1203.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8908(a) | 40:1005. | Pub. L. 99–652, §5, Nov. 14, 1986, 100 Stat. 3651. |
| 8908(b) | 40:1006. | Pub. L. 99–652, §6, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 103–321, §2(c), Aug. 26, 1994, 108 Stat. 1794. |
In subsection (b)(1), the words "the Committee on House Administration of the House of Representatives, and the Committee on Energy and Natural Resources of the Senate" are substituted for "the committees of Congress specified in section 1003(b) [sic] of this title" for clarity. The reference to section 1003(b) should be to section 1003(d).
Editorial Notes
References in Text
The date of enactment of the Commemorative Works Clarification and Revision Act of 2003, referred to in subsec. (c), is the date of enactment of Pub. L. 108–126, which was approved Nov. 17, 2003.
Amendments
2009—Subsec. (b)(1). Pub. L. 111–11 inserted "Advisory" before "Commission" in first sentence and substituted "Natural Resources of the House" for "House Administration of the House" in second sentence.
2003—Subsec. (a). Pub. L. 108–126, §203(g)(2), which directed substitution of "entitled 'Commemorative Areas Washington, DC and Environs', numbered 869/86501 B, and dated June 24, 2003" for "numbered 869/86581, and dated May 1, 1986", was executed by making the substitution for "numbered 869/86501, and dated May 1, 1986" to reflect the probable intent of Congress.
Pub. L. 108–126, §203(g)(1), substituted "Secretary of the Interior or the Administrator of General Services (as appropriate)" for "Secretary of the Interior and Administrator of General Services".
Subsec. (c). Pub. L. 108–126, §202(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendments by Pub. L. 108–126, except for the provision in the amendment made by section 202(b) prohibiting a visitor center from being located in the Reserve (as defined in section 8902 of this title), are not applicable to a commemorative work for which a site was approved in accordance with this chapter prior to Nov. 17, 2003, see section 205 of Pub. L. 108–126, set out as a note under section 8901 of this title.
§8909. Administrative
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1231.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 8909(a) | 40:1010(a). | Pub. L. 99–652, §10(a), (c), Nov. 14, 1986, 100 Stat. 3654. |
| 8909(b) | 40:1010(c). | |
| 8909(c) | 40:1010(d). | Pub. L. 99–652, §10(d), Nov. 14, 1986, 100 Stat. 3654; Pub. L. 103–321, §2(g), Aug. 26, 1994, 108 Stat. 1795. |
Statutory Notes and Related Subsidiaries
Waiver of Special Use Permit Application Fee for Veterans' Special Events
Pub. L. 117–328, div. DD, title VI, §642, Dec. 29, 2022, 136 Stat. 5612, provided that:
"(a)
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(b)
"(c)
"(d)
CHAPTER 91—COMMISSION OF FINE ARTS
§9101. Establishment, composition, and vacancies
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9101(a), (b) | 40:104 (1st sentence). | May 17, 1910, ch. 243, §1 (1st, 2d sentences, last sentence words after comma), 36 Stat. 371. |
| 9101(c) | 40:104 (2d sentence). | |
| 9101(d) | 40:104 (last sentence words after comma). |
In subsection (a), the word "permanent" is omitted as obsolete.
In subsection (d), the words "the District of Columbia" are substituted for "Washington" for consistency in the revised title and with other titles of the United States Code.
§9102. Duties
(a)
(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)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9102(a) | 40:104 (3d, 6th sentences). | May 17, 1910, ch. 243, §1 (3d–6th sentences), 36 Stat. 371. |
| 9102(b) | 40:104 (4th sentence). | |
| 9102(c) | 40:104 (5th sentence). |
In subsection (b), the words "in each case" are omitted as unnecessary. The words "request the Commission to provide" are substituted for "call for" for clarity.
In subsection (c), the words "buildings of the Library of Congress" are substituted for "building of the Library of Congress" for clarity because the Library of Congress comprises more than one building.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9103 | 40:104 (last sentence words before comma). | May 17, 1910, ch. 243, §1 (last sentence words before comma), 36 Stat. 371. |
| 40:105. | June 25, 1910, ch. 384 1 [sic] (8th complete par. on p. 728 (less appropriations)), 36 Stat. 728. |
The text of 40:105 (related to officer in charge of public buildings and grounds) is omitted as obsolete.
§9104. Authorization of appropriations
Necessary amounts may be appropriated to carry out this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1232.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9104 | 40:106. | May 17, 1910, ch. 243, §2, 36 Stat. 371; May 25, 1955, ch. 76, 69 Stat. 66; May 13, 1960, Pub. L. 86–461, 74 Stat. 128. |
CHAPTER 93—THEODORE ROOSEVELT ISLAND
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9301 | 40:124 (words before proviso). | May 21, 1932, ch. 200, §1 (words before proviso), 47 Stat. 163; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799. |
In this chapter, the words "Director of the National Park Service" are substituted for "Director of Public Buildings and Public Parks of the National Capital" and "director" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of June 10, 1934 (ch. 38, 48 Stat. 389).
In this section, the text of section 1 (words before 1st semicolon) of the Act of May 21, 1932 (ch. 200, 47 Stat. 163) is omitted as executed.
Statutory Notes and Related Subsidiaries
Designation of Theodore Roosevelt Island
Act Feb. 11, 1933, ch. 48, §2, 47 Stat. 799, provided that: "In all public documents, records, and maps of the United States in which Roosevelt Island is designated or referred to it shall be designated as 'Theodore Roosevelt Island'."
§9302. Consent of Theodore Roosevelt Association required for development
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233; Pub. L. 109–284, §6(30), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9302 | 40:124 (proviso). | May 21, 1932, ch. 200, §1 (proviso), 47 Stat. 163. |
The words "Theodore Roosevelt Association" are substituted for "Roosevelt Memorial Association" because of section 2 of the Act of May 21, 1953 (ch. 63, 36:210101 note).
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–284 substituted "With" for "with" in heading.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9303 | 40:125 (words before semicolon). | May 21, 1932, ch. 200, §2 (words before semicolon), 47 Stat. 164; Feb. 11, 1933, ch. 48, §1, 47 Stat. 799. |
The words "National Capital Planning Commission" are substituted for "National Capital Park and Planning Commission" because of section 9 of the Act of June 6, 1924 (ch. 270), as added by section 1 of the Act of July 19, 1952 (ch. 949, 66 Stat. 790). See section 8711(f) of the revised title. The words "from time to time" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9304 | 40:125 (words after semicolon). | May 21, 1932, ch. 200, §2 (words after semicolon), 47 Stat. 164. |
CHAPTER 95—WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE DISTRICT OF COLUMBIA
§9501. Chief of Engineers
(a)
(1)
(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)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1233.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9501(a)(1) | 40:45. | R.S. §1800. |
| 9501(a)(2) | 40:48. | R.S. §1801. |
| 9501(b) | 40:46. | R.S. §1807. |
| 9501(c) | 40:47. | R.S. §1808. |
In subsection (a)(2), the words "pursuant to law" are omitted as unnecessary. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
In subsection (b), the word "additional" is substituted for "other than his regular pay as an officer of the Corps of Engineers" to eliminate unnecessary words. The words "of him" are omitted as unnecessary. The words "this chapter" are substituted for "title 21 of the Revised Statutes" because the only provisions of title 21 related to the Chief of Engineers that have not been repealed are contained in the revised chapter.
In subsection (c), the words "an office" are substituted for "official apartments" for clarity. The words "District of Columbia" are substituted for "city of Washington" for consistency in the revised title and with other titles of the United States Code. The words "Administrator of General Services" are substituted for "President" [subsequently changed to "Public Buildings Commission" because of section 10 of the Act of March 1, 1919 (ch. 86, 40 Stat. 1269), "National Park Service" because of section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), and "Public Buildings Administrator in the Federal Works Agency" because of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427)] because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title.
Statutory Notes and Related Subsidiaries
Washington Aqueduct
Pub. L. 117–263, div. H, title LXXXI, §8146, Dec. 23, 2022, 136 Stat. 3729, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(4)
"(A)
"(B)
"(C)
"(c)
"(1)
"(2)
"(3)
"(4)
"(5)
"(A) include other conditions consistent with this section that the Secretary and the Secretary of the Treasury determine to be appropriate; and
"(B) provide the United States priority in regard to income from fees assessed to operate and maintain the Washington Aqueduct.
"(d)
"(1) the District of Columbia;
"(2) Arlington County, Virginia; and
"(3) Fairfax County, Virginia."
§9502. Authority of Chief of Engineers
(a)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9502(a), (b)(1), (2) | 40:51. | R.S. §1810. |
| 9502(b)(3) | 40:52. | R.S. §1811. |
In subsection (b)(3), the words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9503 | 40:49. | R.S. §1809. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9504 | 40:50. | R.S. §1812; Pub. L. 96–470, title II, §202(a), Oct. 19, 1980, 94 Stat. 2242. |
The provisions of section 1812 of the Revised Statues [sic] which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War concerning the Chief of Engineers' operations for the preceding year, including an account of the manner in which all appropriations for public buildings and grounds had been applied, are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers and the Secretary of War with respect to the Superintendent of Public Buildings and Grounds were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
§9505. Paying for main pipes
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9505 | 40:55. | R.S. §1805. |
In subsection (b), the words "its inhabitants" are substituted for "inhabitants of Washington and Georgetown" in section 1805 of the Revised Statutes because of the Act of February 11, 1895 (ch. 79, 28 Stat. 650).
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1234.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9506 | 40:56. | R.S. §1803. |
The words "in charge of public buildings and works" in section 1803 of the Revised Statutes are omitted because the Office of Public Buildings and Grounds under the Chief of Engineers was abolished and the functions of the Chief of Engineers with respect to public buildings and works were transferred to the Director of Public Buildings and Public Parks of the National Capital by section 3 of the Act of February 26, 1925 (ch. 339, 43 Stat. 983). Those functions subsequently were transferred to the National Park Service by section 2 of Executive Order No. 6166 (eff. June 10, 1933) and the Act of March 2, 1934 (ch. 38, 48 Stat. 389), the Public Buildings Administrator in the Federal Works Agency by sections 301 and 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1426, 1427), and the Administrator of General Services by section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "or hereafter to be laid" are omitted as unnecessary. The words "is liable to the government for a civil penalty" are substituted for "under a penalty" for consistency in the revised title and with other titles of the United States Code.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 9507 | 40:54. | R.S. §1802. |
The words "Secretary of the Army" are substituted for "Department of War" [subsequently changed to "Department of the Army" because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501)] because of 10:3013(a)(1).
SUBTITLE III—INFORMATION TECHNOLOGY MANAGEMENT
Editorial Notes
Amendments
2002—Pub. L. 107–314, div. A, title VIII, §825(b)(3)(G), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, §210(h)(3)(H), Dec. 17, 2002, 116 Stat. 2939, amended item for chapter 115 identically, substituting "PROGRAM" for "PROGRAMS".
CHAPTER 111—GENERAL
§11101. Definitions
In this subtitle, the following definitions apply:
(1)
(2)
(3)
(4)
(5)
(6)
(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, 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 (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1235; Pub. L. 108–199, div. F, title V, §535(b), Jan. 23, 2004, 118 Stat. 345; Pub. L. 111–350, §5(l)(24), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–232, div. A, title VIII, §836(g)(7)(A), Aug. 13, 2018, 132 Stat. 1874.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11101 | 40:1401. | Pub. L. 104–106, div. E, §5002, Feb. 10, 1996, 110 Stat. 679. |
The text of 40:1401(1) is omitted as unnecessary because the complete name of the Director of the Office of Management and Budget is used the first time the term appears in a section.
Editorial Notes
Amendments
2018—Par. (1). Pub. L. 115–232, in heading, substituted "Commercial product" for "Commercial item" and, in text, substituted "The term 'commercial product' has" for "The term 'commercial item' has".
2011—Par. (1). Pub. L. 111–350, §5(l)(24)(A), substituted "section 103 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)".
Par. (2). Pub. L. 111–350, §5(l)(24)(B), substituted "section 133 of title 41" for "section 4 of the Act (41 U.S.C. 403)".
2004—Par. (6)(A). Pub. L. 108–199, §535(b)(1), inserted "analysis, evaluation," after "storage,".
Par. (6)(B). Pub. L. 108–199, §535(b)(2), substituted "ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer," for "ancillary equipment,".
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
Executive Documents
Executive Order No. 13011
Ex. Ord. No. 13011, July 16, 1996, 61 F.R. 37657, as amended by Ex. Ord. No. 13284, §16, Jan. 23, 2003, 68 F.R. 4076; Ex. Ord. No. 13286, §18, Feb. 28, 2003, 68 F.R. 10623, which related to information technology policies and reforms for Federal agencies, was revoked by Ex. Ord. No. 13403, §6, May 12, 2006, 71 F.R. 28543.
Ex. Ord. No. 13103. Computer Software Piracy
Ex. Ord. No. 13103, Sept. 30, 1998, 63 F.R. 53273, provided:
The United States Government is the world's largest purchaser of computer-related services and equipment, purchasing more than $20 billion annually. At a time when a critical component in discussions with our international trading partners concerns their efforts to combat piracy of computer software and other intellectual property, it is incumbent on the United States to ensure that its own practices as a purchaser and user of computer software are beyond reproach. Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) Each agency shall adopt procedures to ensure that the agency does not acquire, reproduce, distribute, or transmit computer software in violation of applicable copyright laws.
(b) Each agency shall establish procedures to ensure that the agency has present on its computers and uses only computer software not in violation of applicable copyright laws. These procedures may include:
(1) preparing agency inventories of the software present on its computers;
(2) determining what computer software the agency has the authorization to use; and
(3) developing and maintaining adequate recordkeeping systems.
(c) Contractors and recipients of Federal financial assistance, including recipients of grants and loan guarantee assistance, should have appropriate systems and controls in place to ensure that Federal funds are not used to acquire, operate, or maintain computer software in violation of applicable copyright laws. If agencies become aware that contractors or recipients are using Federal funds to acquire, operate, or maintain computer software in violation of copyright laws and determine that such actions of the contractors or recipients may affect the integrity of the agency's contracting and Federal financial assistance processes, agencies shall take such measures, including the use of certifications or written assurances, as the agency head deems appropriate and consistent with the requirements of law.
(d) Executive agencies shall cooperate fully in implementing this order and shall share information as appropriate that may be useful in combating the use of computer software in violation of applicable copyright laws.
(a) ensure agency compliance with copyright laws protecting computer software and with the provisions of this order to ensure that only authorized computer software is acquired for and used on the agency's computers;
(b) utilize performance measures as recommended by the Chief Information Officers Council pursuant to section 3 of this order to assess the agency's compliance with this order;
(c) educate appropriate agency personnel regarding copyrights protecting computer software and the policies and procedures adopted by the agency to honor them; and
(d) ensure that the policies, procedures, and practices of the agency related to copyrights protecting computer software are adequate and fully implement the policies set forth in this order.
William J. Clinton.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11102 | 40:1442. | Pub. L. 104–106, div. E, title LI, §5132, Feb. 10, 1996, 110 Stat. 689. |
§11103. Applicability to national security systems
(a)
(1)
(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)
(b)
(c)
(1)
(2)
(3)
(A)
(B)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1236.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11103(a) | 40:1452. | Pub. L. 104–106, div. E, title LI, §§5141, 5142, Feb. 10, 1996, 110 Stat. 689. |
| 11103(b) | 40:1451(a). | |
| 11103(c) | 40:1451(b). |
Statutory Notes and Related Subsidiaries
Exemption From Requirement for Capital Planning and Investment Control for Information Technology Equipment Included as Integral Part of a Weapon or Weapon System
Pub. L. 114–328, div. A, title VIII, §895, Dec. 23, 2016, 130 Stat. 2326, as amended by Pub. L. 117–81, div. A, title XVII, §1702(l)(9), Dec. 27, 2021, 135 Stat. 2161, provided that:
"(a)
"(b)
CHAPTER 113—RESPONSIBILITY FOR ACQUISITIONS OF INFORMATION TECHNOLOGY
SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
SUBCHAPTER II—EXECUTIVE AGENCIES
SUBCHAPTER III—OTHER RESPONSIBILITIES
Editorial Notes
Amendments
2014—Pub. L. 113–291, div. A, title VIII, §831(b), Dec. 19, 2014, 128 Stat. 3440, added item 11319.
2002—Pub. L. 107–296, title X, §§1002(b), 1005(a)(2), Nov. 25, 2002, 116 Stat. 2269, 2272, and Pub. L. 107–347, title III, §§302(b), 305(a), Dec. 17, 2002, 116 Stat. 2957, 2960, amended table of sections identically, substituting "Responsibilities for Federal information systems standards" for "Responsibilities regarding efficiency, security, and privacy of federal computer systems" in item 11331 and striking out item 11332 "Federal computer system security training and plan".
SUBCHAPTER I—DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1237.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11301 | 40:1411. | Pub. L. 104–106, div. E, title LI, §5111, Feb. 10, 1996, 110 Stat. 680. |
Statutory Notes and Related Subsidiaries
Advancing American Artificial Intelligence
Pub. L. 117–263, div. G, title LXXII, subtitle B, Dec. 23, 2022, 136 Stat. 3668, provided that:
"SEC. 7221. SHORT TITLE.
"This subtitle may be cited as the 'Advancing American AI Act'.
"SEC. 7222. PURPOSES.
"The purposes of this subtitle are to—
"(1) encourage agency artificial intelligence-related programs and initiatives that enhance the competitiveness of the United States and foster an approach to artificial intelligence that builds on the strengths of the United States in innovation and entrepreneurialism;
"(2) enhance the ability of the Federal Government to translate research advances into artificial intelligence applications to modernize systems and assist agency leaders in fulfilling their missions;
"(3) promote adoption of modernized business practices and advanced technologies across the Federal Government that align with the values of the United States, including the protection of privacy, civil rights, and civil liberties; and
"(4) test and harness applied artificial intelligence to enhance mission effectiveness, agency program integrity, and business practice efficiency.
"SEC. 7223. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; and
"(C) the Committee on Homeland Security of the House of Representatives.
"(3)
"(4)
"(A) means any data system, software, application, tool, or utility that operates in whole or in part using dynamic or static machine learning algorithms or other forms of artificial intelligence, whether—
"(i) the data system, software, application, tool, or utility is established primarily for the purpose of researching, developing, or implementing artificial intelligence technology; or
"(ii) artificial intelligence capability is integrated into another system or agency business process, operational activity, or technology system; and
"(B) does not include any common commercial product within which artificial intelligence is embedded, such as a word processor or map navigation system.
"(5)
"(6)
"SEC. 7224. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN GOVERNMENT.
"(a)
"(1) the considerations and recommended practices identified by the National Security Commission on Artificial Intelligence in the report entitled 'Key Considerations for the Responsible Development and Fielding of AI', as updated in April 2021;
"(2) the principles articulated in Executive Order 13960 (85 Fed. Reg. 78939 [40 U.S.C. 11301 note]; relating to promoting the use of trustworthy artificial intelligence in Government); and
"(3) the input of—
"(A) the Administrator of General Services;
"(B) relevant interagency councils, such as the Federal Privacy Council, the Chief Financial Officers Council, the Chief Information Officers Council, and the Chief Data Officers Council;
"(C) other governmental and nongovernmental privacy, civil rights, and civil liberties experts;
"(D) academia;
"(E) industry technology and data science experts; and
"(F) any other individual or entity the Director determines to be appropriate.
"(b)
"(1) the Secretary of Homeland Security, with the participation of the Chief Procurement Officer, the Chief Information Officer, the Chief Privacy Officer, and the Officer for Civil Rights and Civil Liberties of the Department and any other person determined to be relevant by the Secretary of Homeland Security, shall issue policies and procedures for the Department related to—
"(A) the acquisition and use of artificial intelligence; and
"(B) considerations for the risks and impacts related to artificial intelligence-enabled systems, including associated data of machine learning systems, to ensure that full consideration is given to—
"(i) the privacy, civil rights, and civil liberties impacts of artificial intelligence-enabled systems; and
"(ii) security against misuse, degradation, or rending inoperable of artificial intelligence-enabled systems; and
"(2) the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department shall report to Congress on any additional staffing or funding resources that may be required to carry out the requirements of this subsection.
"(c)
"(1) artificial intelligence systems;
"(2) best practices for governance, oversight, and audits of the use of artificial intelligence systems; and
"(3) how the Office of the Inspector General is using artificial intelligence to enhance audit and investigative capabilities, including actions to—
"(A) ensure the integrity of audit and investigative results; and
"(B) guard against bias in the selection and conduct of audits and investigations.
"(d)
"(1)
"(A) ensure that contracts for the acquisition of an artificial intelligence system or service—
"(i) align with the guidance issued to the head of each agency under section 104(a) of the AI in Government Act of 2020 (title I of division U of Public Law 116–260);
"(ii) address protection of privacy, civil rights, and civil liberties;
"(iii) address the ownership and security of data and other information created, used, processed, stored, maintained, disseminated, disclosed, or disposed of by a contractor or subcontractor on behalf of the Federal Government; and
"(iv) include considerations for securing the training data, algorithms, and other components of any artificial intelligence system against misuse, unauthorized alteration, degradation, or rendering inoperable; and
"(B) address any other issue or concern determined to be relevant by the Director to ensure appropriate use and protection of privacy and Government data and other information.
"(2)
"(3)
"(A) should continuously update the means developed under paragraph (1); and
"(B) not later than 2 years after the date of enactment of this Act and not less frequently than every 2 years thereafter, shall update the means developed under paragraph (1).
"(4)
"(A) not later than 90 days after the date of enactment of this Act and thereafter on a quarterly basis until the Director first implements the means developed under paragraph (1); and
"(B) annually thereafter on the implementation of this subsection.
"(5)
"SEC. 7225. AGENCY INVENTORIES AND ARTIFICIAL INTELLIGENCE USE CASES.
"(a)
"(1) prepare and maintain an inventory of the artificial intelligence use cases of the agency, including current and planned uses;
"(2) share agency inventories with other agencies, to the extent practicable and consistent with applicable law and policy, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information; and
"(3) make agency inventories available to the public, in a manner determined by the Director, and to the extent practicable and in accordance with applicable law and policy, including those concerning the protection of privacy and of sensitive law enforcement, national security, and other protected information.
"(b)
"(1) make agency artificial intelligence use case information available to the public and those wishing to do business with the Federal Government; and
"(2) identify common use cases across agencies.
"(c)
"(d)
"SEC. 7226. RAPID PILOT, DEPLOYMENT AND SCALE OF APPLIED ARTIFICIAL INTELLIGENCE CAPABILITIES TO DEMONSTRATE MODERNIZATION ACTIVITIES RELATED TO USE CASES.
"(a)
"(b)
"(1)
"(A) to enable agencies to operate across organizational boundaries, coordinating between existing established programs and silos to improve delivery of the agency mission;
"(B) to demonstrate the circumstances under which artificial intelligence can be used to modernize or assist in modernizing legacy agency systems; and
"(C) to leverage commercially available artificial intelligence technologies that—
"(i) operate in secure cloud environments that can deploy rapidly without the need to replace existing systems; and
"(ii) do not require extensive staff or training to build.
"(2)
"(3)
"(A) evaluate risks in utilizing artificial intelligence systems; and
"(B) develop a risk mitigation plan to address those risks, including consideration of—
"(i) the artificial intelligence system not performing as expected or as designed;
"(ii) the quality and relevancy of the data resources used in the training of the algorithms used in an artificial intelligence system;
"(iii) the processes for training and testing, evaluating, validating, and modifying an artificial intelligence system; and
"(iv) the vulnerability of a utilized artificial intelligence system to unauthorized manipulation or misuse, including the use of data resources that substantially differ from the training data.
"(4)
"(A) would benefit from commercially available privacy-preserving techniques, such as use of differential privacy, federated learning, and secure multiparty computing; and
"(B) otherwise take into account considerations of civil rights and civil liberties.
"(5)
"(6)
"(A) Applied artificial intelligence to drive agency productivity efficiencies in predictive supply chain and logistics, such as—
"(i) predictive food demand and optimized supply;
"(ii) predictive medical supplies and equipment demand and optimized supply; or
"(iii) predictive logistics to accelerate disaster preparedness, response, and recovery.
"(B) Applied artificial intelligence to accelerate agency investment return and address mission-oriented challenges, such as—
"(i) applied artificial intelligence portfolio management for agencies;
"(ii) workforce development and upskilling;
"(iii) redundant and laborious analyses;
"(iv) determining compliance with Government requirements, such as with Federal financial management and grants management, including implementation of chapter 64 of subtitle V of title 31, United States Code;
"(v) addressing fraud, waste, and abuse in agency programs and mitigating improper payments; or
"(vi) outcomes measurement to measure economic and social benefits.
"(7)
"(A) solves data access and usability issues with automated technology and eliminates or minimizes the need for manual data cleansing and harmonization efforts;
"(B) continuously and automatically ingests data and updates domain models in near real-time to help identify new patterns and predict trends, to the extent possible, to help agency personnel to make better decisions and take faster actions;
"(C) organizes data for meaningful data visualization and analysis so the Government has predictive transparency for situational awareness to improve use case outcomes;
"(D) is rapidly configurable to support multiple applications and automatically adapts to dynamic conditions and evolving use case requirements, to the extent possible;
"(E) enables knowledge transfer and collaboration across agencies; and
"(F) preserves intellectual property rights to the data and output for benefit of the Federal Government and agencies and protects sensitive personally identifiable information.
"(c)
"(d)
"SEC. 7227. ENABLING ENTREPRENEURS AND AGENCY MISSIONS.
"(a)
"(b)
"(c)
"(1)
"(2)
"SEC. 7228. INTELLIGENCE COMMUNITY EXCEPTION.
"Nothing in this subtitle shall apply to any element of the intelligence community, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)."
AI in Government
Pub. L. 116–260, div. U, title I, Dec. 27, 2020, 134 Stat. 2286, provided that:
"SEC. 101. SHORT TITLE.
"This title may be cited as the 'AI in Government Act of 2020'.
"SEC. 102. DEFINITIONS.
"In this Act [probably means "this title"]—
"(1) the term 'Administrator' means the Administrator of General Services;
"(2) the term 'agency' has the meaning given the term in section 3502 of title 44, United States Code;
"(3) the term 'AI CoE' means the AI Center of Excellence described in section 103;
"(4) the term 'artificial intelligence' has the meaning given the term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note);
"(5) the term 'Director' means the Director of the Office of Management and Budget;
"(6) the term 'institution of higher education' has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and
"(7) the term 'nonprofit organization' means an organization described in section 501(c)(3)of [sic] the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3)] and exempt from taxation under section 501(a) of that Code [26 U.S.C. 501(a)].
"SEC. 103. AI CENTER OF EXCELLENCE.
"(a)
"(1) facilitate the adoption of artificial intelligence technologies in the Federal Government;
"(2) improve cohesion and competency in the adoption and use of artificial intelligence within the Federal Government; and
"(3) carry out paragraphs (1) and (2) for the purposes of benefitting the public and enhancing the productivity and efficiency of Federal Government operations.
"(b)
"(1) regularly convening individuals from agencies, industry, Federal laboratories, nonprofit organizations, institutions of higher education, and other entities to discuss recent developments in artificial intelligence, including the dissemination of information regarding programs, pilots, and other initiatives at agencies, as well as recent trends and relevant information on the understanding, adoption, and use of artificial intelligence;
"(2) collecting, aggregating, and publishing on a publicly available website information regarding programs, pilots, and other initiatives led by other agencies and any other information determined appropriate by the Administrator;
"(3) advising the Administrator, the Director, and agencies on the acquisition and use of artificial intelligence through technical insight and expertise, as needed;
"(4) assist agencies in applying Federal policies regarding the management and use of data in applications of artificial intelligence;
"(5) consulting with agencies, including the Department of Defense, the Department of Commerce, the Department of Energy, the Department of Homeland Security, the Office of Management and Budget, the Office of the Director of National Intelligence, and the National Science Foundation, that operate programs, create standards and guidelines, or otherwise fund internal projects or coordinate between the public and private sectors relating to artificial intelligence;
"(6) advising the Director on developing policy related to the use of artificial intelligence by agencies; and
"(7) advising the Director of the Office of Science and Technology Policy on developing policy related to research and national investment in artificial intelligence.
"(c)
"(1)
"(2)
"(3)
"(d)
"SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.
"(a)
"(1) inform the development of policies regarding Federal acquisition and use by agencies regarding technologies that are empowered or enabled by artificial intelligence, including an identification of the responsibilities of agency officials managing the use of such technology;
"(2) recommend approaches to remove barriers for use by agencies of artificial intelligence technologies in order to promote the innovative application of those technologies while protecting civil liberties, civil rights, and economic and national security;
"(3) identify best practices for identifying, assessing, and mitigating any discriminatory impact or bias on the basis of any classification protected under Federal nondiscrimination laws, or any unintended consequence of the use of artificial intelligence, including policies to identify data used to train artificial intelligence algorithms as well as the data analyzed by artificial intelligence used by the agencies; and
"(4) provide a template of the required contents of the agency plans described in subsection (c).
"(b)
"(c)
"(1) a plan to achieve consistency with the memorandum; or
"(2) a written determination that the agency does not use and does not anticipate using artificial intelligence.
"(d)
"SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL INTELLIGENCE.
"(a)
"(1) identify key skills and competencies needed for positions related to artificial intelligence;
"(2) establish an occupational series, or update and improve an existing occupational job series, to include positions the primary duties of which relate to artificial intelligence;
"(3) to the extent appropriate, establish an estimate of the number of Federal employees in positions related to artificial intelligence, by each agency; and
"(4) using the estimate established in paragraph (3), prepare a 2-year and 5-year forecast of the number of Federal employees in positions related to artificial intelligence that each agency will need to employ.
"(b)
GSA Modernization Centers of Excellence Program
Pub. L. 116–194, §2, Dec. 3, 2020, 134 Stat. 981, provided that:
"(a)
"(1)
"(2)
"(3)
"(b)
"(c)
"(1) To encourage the modernization of information technology used by an executive agency and how a customer interacts with an executive agency.
"(2) To improve cooperation between commercial and executive agency information technology sectors.
"(3) To the extent practicable, encourage the adoption of commercial items in accordance with section 3307 of title 41, United States Code.
"(4) Upon request by the executive agency, to assist executive agencies with planning and adoption of technology in focus areas designated by the Administrator, which may include the following:
"(A) A commercial cloud computing system that includes—
"(i) end-to-end migration planning and an assessment of progress towards modernization; and
"(ii) a cybersecurity and governance framework that promotes industry and government risk management best practice approaches, prioritizing efforts based on risk, impact, and consequences.
"(B) Tools to help an individual receive support from and communicate with an executive agency.
"(C) Contact centers and other related customer supports.
"(D) Efficient use of data management, analysis, and reporting.
"(E) The optimization of infrastructure, including for data centers, and the reduction of operating costs.
"(F) Artificial intelligence.
"(5) To share best practices and expertise with executive agencies.
"(6) Other responsibilities the Administrator may identify.
"(d)
"(e)
"(1) A description of the reimbursable agreements, statements of work, and associated project schedules and deliverables for the Program.
"(2) Details on the total amount of the reimbursable agreements.
"(3) Any additional information the Administrator determines necessary.
"(f)
"(g)
Modernizing Government Technology
Pub. L. 115–91, div. A, title X, subtitle G, Dec. 12, 2017, 131 Stat. 1586, provided that:
"SEC. 1076. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"SEC. 1077. ESTABLISHMENT OF AGENCY INFORMATION TECHNOLOGY SYSTEMS MODERNIZATION AND WORKING CAPITAL FUNDS.
"(a)
"(b)
"(1)
"(2)
"(A) Reprogramming and transfer of funds made available in appropriations Acts enacted after the date of enactment of this Act [Dec. 12, 2017], including the transfer of any funds for the operation and maintenance of legacy information technology systems, in compliance with any applicable reprogramming law or guidelines of the Committees on Appropriations of the Senate and the House of Representatives or transfer authority specifically provided in appropriations law.
"(B) Amounts made available to the IT working capital fund through discretionary appropriations made available after the date of enactment of this Act.
"(3)
"(A) to improve, retire, or replace existing information technology systems in the covered agency to enhance cybersecurity and to improve efficiency and effectiveness across the life of a given workload, procured using full and open competition among all commercial items to the greatest extent practicable;
"(B) to transition legacy information technology systems at the covered agency to commercial cloud computing and other innovative commercial platforms and technologies, including those serving more than 1 covered agency with common requirements;
"(C) to assist and support covered agency efforts to provide adequate, risk-based, and cost-effective information technology capabilities that address evolving threats to information security;
"(D) to reimburse funds transferred to the covered agency from the Fund with the approval of the Chief Information Officer, in consultation with the Chief Financial Officer, of the covered agency; and
"(E) for a program, project, or activity or to increase funds for any program, project, or activity that has not been denied or restricted by Congress.
"(4)
"(5)
"(A) shall prioritize funds within the IT working capital fund of the covered agency to be used initially for cost savings activities approved by the Chief Information Officer of the covered agency; and
"(B) may reprogram and transfer any amounts saved as a direct result of the cost savings activities approved under clause (i) [probably should be "subparagraph (A)"] for deposit into the IT working capital fund of the covered agency, consistent with paragraph (2)(A).
"(6)
"(A)
"(B)
"(7)
"(c)
"(1)
"(A) a list of each information technology investment funded, including the estimated cost and completion date for each investment; and
"(B) a summary by fiscal year of obligations, expenditures, and unused balances.
"(2)
"SEC. 1078. ESTABLISHMENT OF TECHNOLOGY MODERNIZATION FUND AND BOARD.
"(a)
"(b)
"(1)
"(2)
"(3)
"(A) to transfer such amounts, to remain available until expended, to the head of an agency for the acquisition of products and services, or the development of such products and services when more efficient and cost effective, to improve, retire, or replace existing Federal information technology systems to enhance cybersecurity and privacy and improve long-term efficiency and effectiveness;
"(B) to transfer such amounts, to remain available until expended, to the head of an agency for the operation and procurement of information technology products and services, or the development of such products and services when more efficient and cost effective, and acquisition vehicles for use by agencies to improve Governmentwide efficiency and cybersecurity in accordance with the requirements of the agencies;
"(C) to provide services or work performed in support of—
"(i) the activities described in subparagraph (A) or (B); and
"(ii) the Board and the Director in carrying out the responsibilities described in subsection (c)(2); and
"(D) to fund only programs, projects, or activities or to fund increases for any programs, projects, or activities that have not been denied or restricted by Congress.
"(4)
"(A)
"(B)
"(C)
"(5)
"(A)
"(i)
"(ii)
"(iii)
"(B)
"(i)
"(ii)
"(C)
"(6)
"(A)
"(i) documenting the purpose for which the funds will be used and the terms of repayment, which may not exceed 5 years unless approved by the Director; and
"(ii) which shall be recorded as an obligation as provided in paragraph (5)(A).
"(B) Requirement for use of incremental funding, commercial products and services, and rapid, iterative development practices.—The Administrator shall ensure—
"(i) for any funds transferred to an agency under paragraph (3)(A), in the absence of compelling circumstances documented by the Administrator at the time of transfer, that such funds shall be transferred only on an incremental basis, tied to metric-based development milestones achieved by the agency through the use of rapid, iterative, development processes; and
"(ii) that the use of commercial products and services are incorporated to the greatest extent practicable in activities funded under subparagraphs (A) and (B) of paragraph (3), and that the written agreement required under paragraph (6) documents this preference.
"(7)
"(A)
"(i)
"(ii)
"(B)
"(i) the costs associated with establishing the Fund and maintaining the oversight structure associated with the Fund compared with the cost savings associated with the projects funded both annually and over the life of the acquired products and services by the Fund;
"(ii) the reliability of the cost savings estimated by agencies associated with projects funded by the Fund;
"(iii) whether agencies receiving transfers of funds from the Fund used full and open competition to acquire the custom development of information technology products or services; and
"(iv) the number of IT procurement, development, and modernization programs, offices, and entities in the Federal Government, including 18F and the United States Digital Services, the roles, responsibilities, and goals of those programs and entities, and the extent to which they duplicate work.
"(c)
"(1)
"(2)
"(A) to provide input to the Director for the development of processes for agencies to submit modernization proposals to the Board and to establish the criteria by which those proposals are evaluated, which shall include—
"(i) addressing the greatest security, privacy, and operational risks;
"(ii) having the greatest Governmentwide impact; and
"(iii) having a high probability of success based on factors including a strong business case, technical design, consideration of commercial off-the-shelf products and services, procurement strategy (including adequate use of rapid, agile iterative software development practices), and program management;
"(B) to make recommendations to the Administrator to assist agencies in the further development and refinement of select submitted modernization proposals, based on an initial evaluation performed with the assistance of the Administrator;
"(C) to review and prioritize, with the assistance of the Administrator and the Director, modernization proposals based on criteria established pursuant to subparagraph (A);
"(D) to identify, with the assistance of the Administrator, opportunities to improve or replace multiple information technology systems with a smaller number of information technology services common to multiple agencies;
"(E) to recommend the funding of modernization projects, in accordance with the uses described in subsection (b)(3), to the Administrator;
"(F) to monitor, in consultation with the Administrator, progress and performance in executing approved projects and, if necessary, recommend the suspension or termination of funding for projects based on factors including the failure to meet the terms of a written agreement described in subsection (b)(6); and
"(G) to monitor the operating costs of the Fund.
"(3)
"(4)
"(5)
"(A) the Administrator of the Office of Electronic Government; and
"(B) a senior official from the General Services Administration having technical expertise in information technology development, appointed by the Administrator, with the approval of the Director.
"(6)
"(A)
"(i) 1 employee of the National Protection and Programs Directorate [now Cybersecurity and Infrastructure Security Agency] of the Department of Homeland Security, appointed by the Secretary of Homeland Security; and
"(ii) 4 employees of the Federal Government primarily having technical expertise in information technology development, financial management, cybersecurity and privacy, and acquisition, appointed by the Director.
"(B)
"(7)
"(8)
"(d)
"(1)
"(2)
"(A) to provide direct technical support in the form of personnel services or otherwise to agencies transferred amounts under subsection (b)(3)(A) and for products, services, and acquisition vehicles funded under subsection (b)(3)(B);
"(B) to assist the Board with the evaluation, prioritization, and development of agency modernization proposals.
"(C) to perform regular project oversight and monitoring of approved agency modernization projects, in consultation with the Board and the Director, to increase the likelihood of successful implementation and reduce waste; and
"(D) to provide the Director with information necessary to meet the requirements of subsection (b)(7).
"(e)
"(f)
"(1)
"(2)
"(3)
Executive Documents
Ex. Ord. No. 13960. Promoting the Use of Trustworthy Artificial Intelligence in the Federal Government
Ex. Ord. No. 13960, Dec. 3, 2020, 85 F.R. 78939, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Agencies are already leading the way in the use of AI by applying it to accelerate regulatory reform; review Federal solicitations for regulatory compliance; combat fraud, waste, and abuse committed against taxpayers; identify information security threats and assess trends in related illicit activities; enhance the security and interoperability of Federal Government information systems; facilitate review of large datasets; streamline processes for grant applications; model weather patterns; facilitate predictive maintenance; and much more.
Agencies are encouraged to continue to use AI, when appropriate, to benefit the American people. The ongoing adoption and acceptance of AI will depend significantly on public trust. Agencies must therefore design, develop, acquire, and use AI in a manner that fosters public trust and confidence while protecting privacy, civil rights, civil liberties, and American values, consistent with applicable law and the goals of Executive Order 13859.
Certain agencies have already adopted guidelines and principles for the use of AI for national security or defense purposes, such as the Department of Defense's Ethical Principles for Artificial Intelligence (February 24, 2020), and the Office of the Director of National Intelligence's Principles of Artificial Intelligence Ethics for the Intelligence Community (July 23, 2020) and its Artificial Intelligence Ethics Framework for the Intelligence Community (July 23, 2020). Such guidelines and principles ensure that the use of AI in those contexts will benefit the American people and be worthy of their trust.
Section 3 of this order establishes additional principles (Principles) for the use of AI in the Federal Government for purposes other than national security and defense, to similarly ensure that such uses are consistent with our Nation's values and are beneficial to the public. This order further establishes a process for implementing these Principles through common policy guidance across agencies.
(b) It is the policy of the United States that responsible agencies, as defined in section 8 of this order, shall, when considering the design, development, acquisition, and use of AI in Government, be guided by the common set of Principles set forth in section 3 of this order, which are designed to foster public trust and confidence in the use of AI, protect our Nation's values, and ensure that the use of AI remains consistent with all applicable laws, including those related to privacy, civil rights, and civil liberties.
(c) It is the policy of the United States that the Principles for the use of AI in Government shall be governed by common policy guidance issued by the Office of Management and Budget (OMB) as outlined in section 4 of this order, consistent with applicable law.
(a) Lawful and respectful of our Nation's values. Agencies shall design, develop, acquire, and use AI in a manner that exhibits due respect for our Nation's values and is consistent with the Constitution and all other applicable laws and policies, including those addressing privacy, civil rights, and civil liberties.
(b) Purposeful and performance-driven. Agencies shall seek opportunities for designing, developing, acquiring, and using AI, where the benefits of doing so significantly outweigh the risks, and the risks can be assessed and managed.
(c) Accurate, reliable, and effective. Agencies shall ensure that their application of AI is consistent with the use cases for which that AI was trained, and such use is accurate, reliable, and effective.
(d) Safe, secure, and resilient. Agencies shall ensure the safety, security, and resiliency of their AI applications, including resilience when confronted with systematic vulnerabilities, adversarial manipulation, and other malicious exploitation.
(e) Understandable. Agencies shall ensure that the operations and outcomes of their AI applications are sufficiently understandable by subject matter experts, users, and others, as appropriate.
(f) Responsible and traceable. Agencies shall ensure that human roles and responsibilities are clearly defined, understood, and appropriately assigned for the design, development, acquisition, and use of AI. Agencies shall ensure that AI is used in a manner consistent with these Principles and the purposes for which each use of AI is intended. The design, development, acquisition, and use of AI, as well as relevant inputs and outputs of particular AI applications, should be well documented and traceable, as appropriate and to the extent practicable.
(g) Regularly monitored. Agencies shall ensure that their AI applications are regularly tested against these Principles. Mechanisms should be maintained to supersede, disengage, or deactivate existing applications of AI that demonstrate performance or outcomes that are inconsistent with their intended use or this order.
(h) Transparent. Agencies shall be transparent in disclosing relevant information regarding their use of AI to appropriate stakeholders, including the Congress and the public, to the extent practicable and in accordance with applicable laws and policies, including with respect to the protection of privacy and of sensitive law enforcement, national security, and other protected information.
(i) Accountable. Agencies shall be accountable for implementing and enforcing appropriate safeguards for the proper use and functioning of their applications of AI, and shall monitor, audit, and document compliance with those safeguards. Agencies shall provide appropriate training to all agency personnel responsible for the design, development, acquisition, and use of AI.
(b) Within 180 days of the date of this order [Dec. 3, 2020], the Director of OMB (Director), in coordination with key stakeholders identified by the Director, shall publicly post a roadmap for the policy guidance that OMB intends to create or revise to better support the use of AI, consistent with this order. This roadmap shall include, where appropriate, a schedule for engaging with the public and timelines for finalizing relevant policy guidance. In addressing novel aspects of the use of AI in Government, OMB shall consider updates to the breadth of its policy guidance, including OMB Circulars and Management Memoranda.
(c) Agencies shall continue to use voluntary consensus standards developed with industry participation, where available, when such use would not be inconsistent with applicable law or otherwise impracticable. Such standards shall also be taken into consideration by OMB when revising or developing AI guidance.
(b) Within 180 days of the CIO Council's completion of the directive in section 5(a) of this order, and annually thereafter, each agency shall prepare an inventory of its non-classified and non-sensitive use cases of AI, within the scope defined by section 9 of this order, including current and planned uses, consistent with the agency's mission.
(c) As part of their respective inventories of AI use cases, agencies shall identify, review, and assess existing AI deployed and operating in support of agency missions for any inconsistencies with this order.
(i) Within 120 days of completing their respective inventories, agencies shall develop plans either to achieve consistency with this order for each AI application or to retire AI applications found to be developed or used in a manner that is not consistent with this order. These plans must be approved by the agency-designated responsible official(s), as described in section 8 of this order, within this same 120-day time period.
(ii) In coordination with the Agency Data Governance Body and relevant officials from agencies not represented within that body, agencies shall strive to implement the approved plans within 180 days of plan approval, subject to existing resource levels.
(d) Within 60 days of the completion of their respective inventories of use cases of AI, agencies shall share their inventories with other agencies, to the extent practicable and consistent with applicable law and policy, including those concerning protection of privacy and of sensitive law enforcement, national security, and other protected information. This sharing shall be coordinated through the CIO and Chief Data Officer Councils, as well as other interagency bodies, as appropriate, to improve interagency coordination and information sharing for common use cases.
(e) Within 120 days of the completion of their inventories, agencies shall make their inventories available to the public, to the extent practicable and in accordance with applicable law and policy, including those concerning the protection of privacy and of sensitive law enforcement, national security, and other protected information.
(b) Within 45 days of the date of this order, the Office of Personnel Management (OPM), in coordination with GSA and relevant agencies, shall create an inventory of Federal Government rotational programs and determine how these programs can be used to expand the number of employees with AI expertise at the agencies.
(c) Within 180 days of the creation of the inventory of Government rotational programs described in section 7(b) of this order, OPM shall issue a report with recommendations for how the programs in the inventory can be best used to expand the number of employees with AI expertise at the agencies. This report shall be shared with the interagency coordination bodies identified pursuant to section 6 of this order, enabling agencies to better use these programs for the use of AI, consistent with this order.
(b) This order applies to agencies that have use cases for AI that fall within the scope defined in section 9 of this order, and excludes the Department of Defense and those agencies and agency components with functions that lie wholly within the Intelligence Community. The term "Intelligence Community" has the meaning given the term in section 3003 of title 50, United States Code.
(c) Within 30 days of the date of this order, each agency shall specify the responsible official(s) at that agency who will coordinate implementation of the Principles set forth in section 3 of this order with the Agency Data Governance Body and other relevant officials and will collaborate with the interagency coordination bodies identified pursuant to section 6 of this order.
(b) Except for the exclusions set forth in section 9(d) of this order, or provided for by applicable law, the Principles and implementation guidance in this order shall apply to AI designed, developed, acquired, or used specifically to advance the execution of agencies' missions, enhance decision making, or provide the public with a specified benefit.
(c) This order applies to both existing and new uses of AI; both stand-alone AI and AI embedded within other systems or applications; AI developed both by the agency or by third parties on behalf of agencies for the fulfilment of specific agency missions, including relevant data inputs used to train AI and outputs used in support of decision making; and agencies' procurement of AI applications.
(d) This order does not apply to:
(i) AI used in defense or national security systems (as defined in 44 U.S.C. 3552(b)(6) or as determined by the agency), in whole or in part, although agencies shall adhere to other applicable guidelines and principles for defense and national security purposes, such as those adopted by the Department of Defense and the Office of the Director of National Intelligence;
(ii) AI embedded within common commercial products, such as word processors or map navigation systems, while noting that Government use of such products must nevertheless comply with applicable law and policy to assure the protection of safety, security, privacy, civil rights, civil liberties, and American values; and
(iii) AI research and development (R&D) activities, although the Principles and OMB implementation guidance should inform any R&D directed at potential future applications of AI in the Federal Government.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§11302. Capital planning and investment control
(a)
(b)
(c)
(1)
(A) The term "covered agency" means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(B) The term "major information technology investment" means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.
(C) The term "national security system" has the meaning provided in section 3542 of title 44.1
(2)
(3)
(A)
(B)
(i) The Director shall issue guidance to each covered agency for reporting of data required by subparagraph (A) that provides a standardized data template that can be incorporated into existing, required data reporting formats and processes. Such guidance shall integrate the reporting process into current budget reporting that each covered agency provides to the Office of Management and Budget, to minimize additional workload. Such guidance shall also clearly specify that the investment evaluation required under subparagraph (C) adequately reflect the investment's cost and schedule performance and employ incremental development approaches in appropriate cases.
(ii) The Chief Information Officer of each covered agency shall provide the Director with the information described in subparagraph (A) on at least a semi-annual basis for each major information technology investment, using existing data systems and processes.
(C)
(D)
(E)
(F)
(i) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
(ii) under the Military Intelligence Program or any successor program or programs; or
(iii) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
(4)
(A) the Chief Information Officer of the covered agency and the program manager of the investment within the covered agency, in consultation with the Administrator of the Office of Electronic Government, shall conduct a review of the investment that shall identify—
(i) the root causes of the high level of risk of the investment;
(ii) the extent to which these causes can be addressed; and
(iii) the probability of future success;
(B) the Administrator of the Office of Electronic Government shall communicate the results of the review under subparagraph (A) to—
(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
(iii) the committees of the Senate and the House of Representatives with primary jurisdiction over the agency;
(C) in the case of a major information technology investment of the Department of Defense, the assessment required by subparagraph (A) may be accomplished in accordance with section 2445c 1 of title 10, provided that the results of the review are provided to the Administrator of the Office of Electronic Government upon request and to the committees identified in subsection (B); and
(D) for a covered agency other than the Department of Defense, if on the date that is one year after the date of completion of the review required under subsection (A), the investment is rated as high risk under paragraph (3)(C), the Director shall deny any request for additional development, modernization, or enhancement funding for the investment until the date on which the Chief Information Officer of the covered agency determines that the root causes of the high level of risk of the investment have been addressed, and there is sufficient capability to deliver the remaining planned increments within the planned cost and schedule.
(5)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1237; Pub. L. 108–458, title VIII, §8401(1), (2), Dec. 17, 2004, 118 Stat. 3869; Pub. L. 113–291, div. A, title VIII, §832, Dec. 19, 2014, 128 Stat. 3440; Pub. L. 115–88, §2, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, title VIII, §819(a), Dec. 12, 2017, 131 Stat. 1464.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11302 | 40:1412. | Pub. L. 104–106, div. E, title LI, §5112, Feb. 10, 1996, 110 Stat. 680. |
Editorial Notes
References in Text
Section 3542 of title 44, referred to in subsec. (c)(1)(C), was repealed by Pub. L. 113–283, §2(a), Dec. 18, 2014, 128 Stat. 3073. See section 3552 of Title 44, Public Printing and Documents.
Section 2445c of title 10, referred to in subsec. (c)(4)(C), was repealed by Pub. L. 114–328, div. A, title VIII, §846(1), Dec. 23, 2016, 130 Stat. 2292.
The text of section 11331 of this title, referred to in subsec. (d), was generally amended by Pub. L. 117–167, div. B, title II, §10246(f), Aug. 9, 2022, 136 Stat. 1492, so as to provide for the prescription by the Secretary of Commerce of standards and guidelines pertaining to Federal information systems.
Amendments
2017—Subsec. (c)(5). Pub. L. 115–88 and Pub. L. 115–91 amended subsec. (c) identically, striking out par. (5) relating to sunset of certain provisions. Text read as follows: "Paragraphs (1), (3), and (4) shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015."
2014—Subsec. (c). Pub. L. 113–291 added pars. (1), (3), (4), and par. (5) relating to sunset of certain provisions and redesignated former pars. (1) and (2) as par. (2) and par. (5) relating to report to Congress, respectively.
2004—Subsec. (b). Pub. L. 108–458, §8401(1), inserted "security," after "use,".
Subsec. (c)(1). Pub. L. 108–458, §8401(2), inserted ", including information security risks," after "evaluating the risks" and "costs, benefits, and risks".
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Management of Software Licenses
Pub. L. 114–210, July 29, 2016, 130 Stat. 824, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Making Electronic Government Accountable By Yielding Tangible Efficiencies Act of 2016' or the 'MEGABYTE Act of 2016'.
"SEC. 2. OMB DIRECTIVE ON MANAGEMENT OF SOFTWARE LICENSES.
"(a)
"(1) the term 'Director' means the Director of the Office of Management and Budget; and
"(2) the term 'executive agency' has the meaning given that term in section 105 of title 5, United States Code.
"(b)
"(1) identify clear roles, responsibilities, and central oversight authority within the executive agency for managing enterprise software license agreements and commercial software licenses; and
"(2) require the Chief Information Officer of each executive agency to—
"(A) establish a comprehensive inventory, including 80 percent of software license spending and enterprise licenses in the executive agency, by identifying and collecting information about software license agreements using automated discovery and inventory tools;
"(B) regularly track and maintain software licenses to assist the executive agency in implementing decisions throughout the software license management life cycle;
"(C) analyze software usage and other data to make cost-effective decisions;
"(D) provide training relevant to software license management;
"(E) establish goals and objectives of the software license management program of the executive agency; and
"(F) consider the software license management life cycle phases, including the requisition, reception, deployment and maintenance, retirement, and disposal phases, to implement effective decisionmaking and incorporate existing standards, processes, and metrics.
"(c)
"(1)
"(2)
Appropriate Use of Requirements Regarding Experience and Education of Contractor Personnel in the Procurement of Information Technology Services
Pub. L. 106–398, §1 [[div. A], title VIII, §813], Oct. 30, 2000, 114 Stat. 1654, 1654A-214, provided that:
"(a)
"(b)
"(1) the contracting officer first determines that the needs of the executive agency cannot be met without any such requirement; or
"(2) the needs of the executive agency require the use of a type of contract other than a performance-based contract.
"(c)
"(1) executive agency compliance with the regulations; and
"(2) conformance of the regulations with existing law, together with any recommendations that the Comptroller General considers appropriate.
"(d)
"(1) The term 'executive agency' has the meaning given that term in section 4(1) of the Office of Federal Procurement Policy Act (former 41 U.S.C. 403(1)) [now 41 U.S.C. 133].
"(2) The term 'information technology' has the meaning given that term in section 5002(3) of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401(3)) [now 40 U.S.C. 11101(6)].
"(3) The term 'performance-based', with respect to a contract, means that the contract includes the use of performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable outcomes."
1 See References in Text note below.
§11303. Performance-based and results-based management
(a)
(b)
(1)
(2)
(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 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)
(4)
(5)
(A)
(B)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1238.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11303 | 40:1413. | Pub. L. 104–106, div. E, title LI, §5113, Feb. 10, 1996, 110 Stat. 681. |
SUBCHAPTER II—EXECUTIVE AGENCIES
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11311 | 40:1421. | Pub. L. 104–106, div. E, title LI, §5121, Feb. 10, 1996, 110 Stat. 683. |
Statutory Notes and Related Subsidiaries
Procurement of Automatic Data Processing Equipment for Tax Systems Modernization Program; Delegation of Authority
Pub. L. 104–52, title V, §526, Nov. 19, 1995, 109 Stat. 495, provided that: "Notwithstanding any other provision of law, the Administrator of General Services shall delegate the authority to procure automatic data processing equipment for the Tax Systems Modernization Program to the Secretary of the Treasury: Provided, That the Director of the Office of Management and Budget shall have the authority to revoke such delegation upon the written recommendation of the Administrator that the Secretary's actions under such delegation are inconsistent with the goals of economic and efficient procurement and utilization of automatic data processing equipment: Provided further, That for all other purposes, a procurement conducted under such delegation shall be treated as if made under a delegation by the Administrator pursuant to [former] 40 U.S.C. 759."
§11312. Capital planning and investment control
(a)
(b)
(1) provide for the selection of investments in information technology (including information security needs) 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1239; Pub. L. 108–458, title VIII, §8401(3), Dec. 17, 2004, 118 Stat. 3869.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11312 | 40:1422. | Pub. L. 104–106, div. E, title LI, §5122, Feb. 10, 1996, 110 Stat. 683. |
Editorial Notes
Amendments
2004—Subsec. (b)(1). Pub. L. 108–458 substituted "investments in information technology (including information security needs)" for "information technology investments".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11313 | 40:1423. | Pub. L. 104–106, div. E, title LI, §5123, Feb. 10, 1996, 110 Stat. 683. |
§11314. Authority to acquire and manage information technology
(a)
(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 products of information technology that requires each executive agency covered by the contract, when procuring those products, to procure the products under that contract or to justify an alternative procurement of the products.
(b) FTS 2000
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 115–232, div. A, title VIII, §836(g)(7)(B), Aug. 13, 2018, 132 Stat. 1874.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11314 | 40:1424. | Pub. L. 104–106, div. E, title LI, §5124, Feb. 10, 1996, 110 Stat. 684. |
In subsection (b), the words "Notwithstanding any other provision of this or any other law" are omitted as unnecessary.
Editorial Notes
Amendments
2018—Subsec. (a)(3). Pub. L. 115–232 substituted "products" for "items" wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by Pub. L. 115–232 effective Jan. 1, 2020, subject to a savings provision, see section 836(h) of Pub. L. 115–232, set out as an Effective Date of 2018 Amendment; Savings Provision note under section 453b of Title 6, Domestic Security.
§11315. Agency Chief Information Officer
(a)
(b)
(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, secure, 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)
(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), 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1241; Pub. L. 108–458, title VIII, §8401(4), Dec. 17, 2004, 118 Stat. 3869.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11315 | 40:1425(b)–(d). | Pub. L. 104–106, div. E, title LI, §5125(b)–(d), Feb. 10, 1996, 110 Stat. 685. |
In subsection (c)(3), before subclause (A), the reference to 31:1105(a)(29) is changed to 1105(a)(28) because of the redesignation of 1105(a)(29) as 1105(a)(28) by section 4(1) of the Act of October 11, 1996, (Public Law 104–287, 110 Stat. 3388). The words "as added by section 5(a) of the Government Performance and Results Act of 1993 (Public Law 103–62, 107 Stat. 289)" are added for clarity because there is another 31:9703.
Editorial Notes
Amendments
2004—Subsec. (b)(2). Pub. L. 108–458 inserted ", secure," after "sound".
Executive Documents
Ex Ord. No. 13833. Enhancing the Effectiveness of Agency Chief Information Officers
Ex. Ord. No. 13833, May 15, 2018, 83 F.R. 23345, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(a) empower agency CIOs to ensure that agency IT systems are secure, efficient, accessible, and effective, and that such systems enable agencies to accomplish their missions;
(b) modernize IT infrastructure within the executive branch and meaningfully improve the delivery of digital services; and
(c) improve the management, acquisition, and oversight of Federal IT.
(a) the term "covered agency" means an agency listed in 31 U.S.C. 901(b), other than the Department of Defense or any agency considered to be an "independent regulatory agency" as defined in 44 U.S.C. 3502(5);
(b) the term "information technology" has the meaning given that term in 40 U.S.C. 11101(6);
(c) the term "Chief Information Officer" or "CIO" means the individual within a covered agency as described in 40 U.S.C. 11315;
(d) the term "component Chief Information Officer" or "component CIO" means an individual in a covered agency, other than the CIO referred to in subsection (c) of this section, who has the title Chief Information Officer, or who functions in the capacity of a CIO, and has IT management authorities over a component of the agency similar to those the CIO has over the entire agency;
(e) the term "IT position" means a position within the job family standard for the Information Technology Management Series, GS–2210, as defined by the Office of Personnel Management (OPM) in the Handbook of Occupational Groups and Families and related guidance.
(a) consistent with 44 U.S.C. 3506(a)(2), the CIO of the covered agency reports directly to the agency head, such that the CIO has direct access to the agency head regarding all programs that include IT;
(b) consistent with 40 U.S.C. 11315(b), and to promote the effective, efficient, and secure use of IT to accomplish the agency's mission, the CIO serves as the primary strategic advisor to the agency head concerning the use of IT;
(c) consistent with 40 U.S.C. 11319(b)(1)(A), the CIO has a significant role, including, as appropriate, as lead advisor, in all annual and multi-year planning, programming, budgeting, and execution decisions, as well as in all management, governance, and oversight processes related to IT; and
(d) consistent with 40 U.S.C. 11319(b)(2) and other applicable law, the CIO of the covered agency approves the appointment of any component CIO in that agency.
(a) eliminate unnecessary IT management functions;
(b) merge or reorganize agency IT functions to promote agency-wide consolidation of the agency's IT infrastructure, taking into account any recommendations of the relevant agency CIO; and
(c) increase use of industry best practices, such as the shared use of IT solutions within agencies and across the executive branch.
(a) the CIO, as the principal advisor to the agency head for the management of IT resources, works closely with an integrated team of senior executives with expertise in IT, security, budgeting, acquisition, law, privacy, and human resources to implement appropriate risk management measures; and
(b) the agency prioritizes procurement of shared IT services, including modern email and other cloud-based services, where possible and to the extent permitted by law.
(a) consistent with 40 U.S.C. 11315(c)(3), the CIO assesses and advises the agency head regarding knowledge and skill standards established for agency IT personnel;
(b) the established knowledge and skill standards are included in the performance standards and reflected in the performance evaluations of all component CIOs, and that the CIO is responsible for that portion of the evaluation; and
(c) all component CIOs apply those standards within their own components.
(a) Such proposed rule shall provide that, upon an affirmative determination by the head of a covered agency that there is a severe shortage of candidates (or, with respect to the Department of Veterans Affairs, that there exists a severe shortage of highly qualified candidates), or that a critical hiring need exists for IT positions, under the criteria established by OPM, the Director shall, within 30 days, grant that agency direct hiring authority for IT positions.
(b) Such proposed rule shall further provide that employees hired using this authority may not be transferred to positions that are not IT positions; that the employees shall initially be given term appointments not to exceed 4 years; and that the terms of such employees may be extended up to 4 additional years at the discretion of the hiring agency.
(c) The Director shall submit the proposed rule for publication within 30 days of the date of this order [May 15, 2018].
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Donald J. Trump.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11316 | 40:1426. | Pub. L. 104–106, div. E, title LI, §5126, Feb. 10, 1996, 110 Stat. 686. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11317 | 40:1427. | Pub. L. 104–106, div. E, title LI, §5127, Feb. 10, 1996, 110 Stat. 687. |
§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. 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1242.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11318 | 40:1428. | Pub. L. 104–106, div. E, title LI, §5128, Feb. 10, 1996, 110 Stat. 687. |
§11319. Resources, planning, and portfolio management
(a)
(1) The term "covered agency" means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.
(2) The term "information technology" has the meaning given that term under capital planning guidance issued by the Office of Management and Budget.
(b)
(1)
(A)
(i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and
(ii) the management, governance, and oversight processes related to information technology.
(B)
(i) That the Chief Information Officer of each covered agency other than the Department of Defense approve the information technology budget request of the covered agency, and that the Chief Information Officer of the Department of Defense review and provide recommendations to the Secretary of Defense on the information technology budget request of the Department.
(ii) That the Chief Information Officer of each covered agency certify that information technology investments are adequately implementing incremental development, as defined in capital planning guidance issued by the Office of Management and Budget.
(C)
(i)
(I) may not enter into a contract or other agreement for information technology or information technology services, unless the contract or other agreement has been reviewed and approved by the Chief Information Officer of the agency;
(II) may not request the reprogramming of any funds made available for information technology programs, unless the request has been reviewed and approved by the Chief Information Officer of the agency; and
(III) may use the governance processes of the agency to approve such a contract or other agreement if the Chief Information Officer of the agency is included as a full participant in the governance processes.
(ii)
(I)
(II)
(2)
(c)
(1) under the National Intelligence Program, defined by section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6));
(2) under the Military Intelligence Program or any successor program or programs; or
(3) jointly under the National Intelligence Program and the Military Intelligence Program (or any successor program or programs).
(d)
(1)
(A) to identify or develop ways to increase the efficiency and effectiveness of the information technology investments of the covered agency;
(B) to identify or develop opportunities to consolidate the acquisition and management of information technology services, and increase the use of shared-service delivery models;
(C) to identify potential duplication and waste;
(D) to identify potential cost savings;
(E) to develop plans for actions to optimize the information technology portfolio, programs, and resources of the covered agency;
(F) to develop ways to better align the information technology portfolio, programs, and financial resources of the covered agency to any multi-year funding requirements or strategic plans required by law;
(G) to develop a multi-year strategy to identify and reduce duplication and waste within the information technology portfolio of the covered agency, including component-level investments and to identify projected cost savings resulting from such strategy; and
(H) to carry out any other goals that the Director may establish.
(2)
(3)
(4)
(5)
(A)
(i) the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate;
(ii) the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives; and
(iii) upon a request by any committee of Congress, to that committee.
(B)
(Added and amended Pub. L. 113–291, div. A, title VIII, §§831(a), 833, title IX, §901(n)(1), Dec. 19, 2014, 128 Stat. 3438, 3442, 3469; Pub. L. 115–88, §3, Nov. 21, 2017, 131 Stat. 1278; Pub. L. 115–91, div. A, title VIII, §819(b), title X, §1081(b)(1)(D), Dec. 12, 2017, 131 Stat. 1464, 1597; Pub. L. 115–232, div. A, title X, §1081(f)(1)(A)(iii), Aug. 13, 2018, 132 Stat. 1986; Pub. L. 116–92, div. A, title IX, §902(87), Dec. 20, 2019, 133 Stat. 1554; Pub. L. 118–31, div. A, title IX, §901(f), Dec. 22, 2023, 137 Stat. 355.)
Editorial Notes
Amendments
2023—Subsec. (d)(4). Pub. L. 118–31 substituted "the Chief Information Officer of the Department of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and" for "the Chief Management Officer of the Department of Defense (or any successor to such Officer), in consultation with the Chief Information Officer, the Under Secretary of Defense for Acquisition and Sustainment, and".
2019—Subsec. (d)(4). Pub. L. 116–92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".
2018—Subsec. (d)(4). Pub. L. 115–232 substituted "Chief Management Officer" for "Deputy Chief Management Officer".
2017—Subsecs. (c), (d). Pub. L. 115–88, §3(1), and Pub. L. 115–91, §819(b)(1), amended section identically, redesignating subsec. (c) relating to information technology portfolio, program, and resource reviews as (d).
Subsec. (d)(6). Pub. L. 115–88, §3(2), and Pub. L. 115–91, §819(b)(2), amended subsec. (d) identically, striking out par. (6). Text read as follows: "This subsection shall not be in effect on and after the date that is 5 years after the date of the enactment of the Carl Levin and Howard P. 'Buck' McKeon National Defense Authorization Act for Fiscal Year 2015."
2014—Subsec. (c). Pub. L. 113–291, §833, added subsec. (c) relating to information technology portfolio, program, and resource reviews.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
SUBCHAPTER III—OTHER RESPONSIBILITIES
§11331. Responsibilities for Federal information systems standards
(a)
(1)
(2)
(b)
(1)
(2)
(A)
(i) provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(b)); and
(ii) are otherwise necessary to improve the security of Federal information and information systems.
(B)
(c)
(d)
(e)
(1) contain at least the applicable standards made compulsory and binding by the Secretary of Commerce; and
(2) are otherwise consistent with policies and guidelines issued under section 3553 of title 44.
(f)
(g)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1243; Pub. L. 107–296, title X, §1002(a), Nov. 25, 2002, 116 Stat. 2268; Pub. L. 107–347, title III, §302(a), Dec. 17, 2002, 116 Stat. 2956; Pub. L. 117–167, div. B, title II, §10246(f), Aug. 9, 2022, 136 Stat. 1492.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11331 | 40:1441. | Pub. L. 104–106, div. E, title LI, §5131(a)–(d), Feb. 10, 1996, 110 Stat. 687. |
Editorial Notes
Amendments
2022—Pub. L. 117–167 amended text generally. Prior to amendment, text related to the definition of "information security", in subsec. (a); the requirement that the Director of the Office of Management and Budget promulgate information security standards, in subsec. (b); the application of more stringent standards by heads of agencies, in subsec. (c); and requirements regarding decisions by the Director, in subsec. (d).
2002—Pub. L. 107–296 amended text generally. Prior to amendment, text, as amended generally by Pub. L. 107–347, read as follows:
"(a)
"(1)
"(2)
"(b)
"(1)
"(2)
"(i) provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(b)); and
"(ii) are otherwise necessary to improve the security of Federal information and information systems.
"(B) Information security standards described in subparagraph (A) shall be compulsory and binding.
"(c)
"(d)
"(e)
"(1) contain at least the applicable standards made compulsory and binding by the Secretary; and
"(2) are otherwise consistent with policies and guidelines issued under section 3543 of title 44.
"(f)
"(g)
"(1)
"(2)
"(3)
Pub. L. 107–347 substituted "Responsibilities for Federal information systems standards" for "Responsibilities regarding efficiency, security, and privacy of federal computer systems" in section catchline and amended text generally. Prior to amendment, text read as follows:
"(a)
"(b)
"(1)
"(A)
"(B)
"(2)
"(c)
"(d)
"(1)
"(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)
"(3)
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendments
Amendment by Pub. L. 107–347 effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as a note under section 3504 of Title 44, Public Printing and Documents.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
[§11332. Repealed. Pub. L. 107–296, title X, §1005(a)(1), Nov. 25, 2002, 116 Stat. 2272; Pub. L. 107–347, title III, §305(a), Dec. 17, 2002, 116 Stat. 2960]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1244, related to Federal computer system security training and plan.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective Dec. 17, 2002, see section 402(b) of Pub. L. 107–347, set out as an Effective Date of 2002 Amendments note under section 3504 of Title 44, Public Printing and Documents.
Repeal by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
CHAPTER 115—INFORMATION TECHNOLOGY ACQUISITION PILOT PROGRAM
SUBCHAPTER I—CONDUCT OF PILOT PROGRAM
SUBCHAPTER II—SPECIFIC PILOT PROGRAM
Editorial Notes
Amendments
2002—Pub. L. 107–314, div. A, title VIII, §825(b)(3)(A), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, §210(h)(3)(B), Dec. 17, 2002, 116 Stat. 2938, amended chapter heading identically, substituting "PROGRAM" for "PROGRAMS".
Pub. L. 107–314, div. A, title VIII, §825(b)(3)(C), (D), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, §210(h)(3)(D), (E), Dec. 17, 2002, 116 Stat. 2938, amended items for subchapters I and II identically, substituting "PROGRAM" for "PROGRAMS".
Pub. L. 107–314, div. A, title VIII, §825(b)(3)(E), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, §210(h)(3)(F), Dec. 17, 2002, 116 Stat. 2938, amended item 11501 identically, substituting "program" for "programs".
Pub. L. 107–347, title II, §210(h)(3)(G), Dec. 17, 2002, 116 Stat. 2939, struck out item 11521 "Share-in-savings pilot program", and directed redesignation of item 11522 as item 11521, which could not be executed because of repeal of item 11522 by Pub. L. 107–314, §825(b)(3)(F). See below.
Pub. L. 107–314, div. A, title VIII, §825(b)(3)(F), Dec. 2, 2002, 116 Stat. 2616, struck out item 11522 "Solutions-based contracting pilot program".
SUBCHAPTER I—CONDUCT OF PILOT PROGRAM
Editorial Notes
Amendments
2002—Pub. L. 107–314, div. A, title VIII, §825(b)(3)(B), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, §210(h)(3)(C), Dec. 17, 2002, 116 Stat. 2938, amended subchapter heading identically, substituting "PROGRAM" for "PROGRAMS".
§11501. Authority to conduct pilot program
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1245; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(A), Dec. 2, 2002, 116 Stat. 2615; Pub. L. 107–347, title II, §210(h)(2)(A), Dec. 17, 2002, 116 Stat. 2938.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11501 | 40:1471. | Pub. L. 104–106, div. E, title LIII, §5301, Feb. 10, 1996, 110 Stat. 691. |
Editorial Notes
References in Text
Section 11521 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 107–347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938. Section 210(h)(3)(A) of Pub. L. 107–347 directed the redesignation of section 11522 of this title as section 11521 of this title, but it could not be executed because of the repeal of section 11522 by Pub. L. 107–314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615.
Amendments
2002—Pub. L. 107–314, §825(b)(2)(A)(i), and Pub. L. 107–347, §210(h)(2)(A)(i), amended section catchline identically, substituting "program" for "programs".
Subsec. (a)(1). Pub. L. 107–314, §825(b)(2)(A)(ii), and Pub. L. 107–347, §210(h)(2)(A)(ii), amended par. (1) identically, substituting "conduct a pilot program pursuant to the requirements of section 11521 of this title" for "conduct pilot programs".
Subsec. (a)(2). Pub. L. 107–314, §825(b)(2)(A)(iii), and Pub. L. 107–347, §210(h)(2)(A)(iii), amended par. (2) identically, substituting "the pilot program conducted" for "each pilot program conducted".
Subsec. (b). Pub. L. 107–347, §210(h)(2)(A)(iv), which directed amendment of subsec. (b) by substituting the heading "
Pub. L. 107–314, §825(b)(2)(A)(iv)(II), substituted "subsection." for "paragraph."
Pub. L. 107–314, §825(b)(2)(A)(iv)(I), substituted "
"(1)
"(2)
Subsec. (c)(1). Pub. L. 107–314, §825(b)(2)(A)(v), and Pub. L. 107–347, §210(h)(2)(A)(v), amended par. (1) identically, substituting "the pilot" for "a pilot".
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
1 See References in Text note below.
§11502. Evaluation criteria and plans
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(B)(i), (ii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, §210(h)(2)(B)(i), (ii), Dec. 17, 2002, 116 Stat. 2938.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11502 | 40:1472. | Pub. L. 104–106, div. E, title LIII, §5302, Feb. 10, 1996, 110 Stat. 691. |
Editorial Notes
Amendments
2002—Pub. L. 107–314 and Pub. L. 107–347 amended section identically, substituting "the pilot" for "a pilot" in subsecs. (a) and (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
§11503. Report
(a)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(B)(iii), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, §210(h)(2)(B)(iii), Dec. 17, 2002, 116 Stat. 2938.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11503 | 40:1473. | Pub. L. 104–106, div. E, title LIII, §5303, Feb. 10, 1996, 110 Stat. 692. |
Editorial Notes
Amendments
2002—Subsec. (a). Pub. L. 107–314 and Pub. L. 107–347 amended subsec. (a) identically, substituting "the pilot" for "a pilot" in introductory provisions.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
§11504. Recommended legislation
If the Director of the Office of Management and Budget determines that the results and findings under the 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(B)(iv), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, §210(h)(2)(B)(iv), Dec. 17, 2002, 116 Stat. 2938.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11504 | 40:1474. | Pub. L. 104–106, div. E, title LIII, §5304, Feb. 10, 1996, 110 Stat. 692. |
Editorial Notes
Amendments
2002—Pub. L. 107–314 and Pub. L. 107–347 amended section identically, substituting "the pilot" for "a pilot".
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
§11505. Rule of construction
This chapter does not authorize the appropriation or obligation of amounts for the pilot program authorized under this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1246; Pub. L. 107–314, div. A, title VIII, §825(b)(2)(C), Dec. 2, 2002, 116 Stat. 2616; Pub. L. 107–347, title II, §210(h)(2)(C), Dec. 17, 2002, 116 Stat. 2938.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11505 | 40:1475. | Pub. L. 104–106, div. E, title LIII, §5305, Feb. 10, 1996, 110 Stat. 692. |
Editorial Notes
Amendments
2002—Pub. L. 107–314 and Pub. L. 107–347 amended section identically, substituting "program" for "programs".
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
SUBCHAPTER II—SPECIFIC PILOT PROGRAM
Editorial Notes
Amendments
2002—Pub. L. 107–314, div. A, title VIII, §825(b)(3)(B), Dec. 2, 2002, 116 Stat. 2616, and Pub. L. 107–347, title II, §210(h)(3)(C), Dec. 17, 2002, 116 Stat. 2938, amended subchapter heading identically, substituting "PROGRAM" for "PROGRAMS".
[§11521. Repealed. Pub. L. 107–347, title II, §210(h)(1), Dec. 17, 2002, 116 Stat. 2938]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to the share-in-savings pilot program.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
[§11522. Repealed. Pub. L. 107–314, div. A, title VIII, §825(b)(1), Dec. 2, 2002, 116 Stat. 2615]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1247, related to a pilot program to test the feasibility of using solutions-based contracting for the acquisition of information technology. Subsequent to repeal, Pub. L. 107–347, title II, §210(h)(3)(A), Dec. 17, 2002, 116 Stat. 2938, directed that this section be renumbered section 11521 of this title.
CHAPTER 117—ADDITIONAL INFORMATION RESOURCES MANAGEMENT MATTERS
Editorial Notes
Amendments
2002—Pub. L. 107–314, div. A, title VIII, §825(c)(3), Dec. 2, 2002, 116 Stat. 2616, struck out item 11701 "On-line multiple award schedule contracting" and redesignated items 11702 to 11704 as 11701 to 11703, respectively.
§11701. 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1252, §11702; renumbered §11701, Pub. L. 107–314, div. A, title VIII, §825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11702 | 40:1502. | Pub. L. 104–106, div. E, title LIV, §5402, Feb. 10, 1996, 110 Stat. 697. |
The words "Not later than six months after February 10, 1996, the head of the an executive agency shall inventory all computer equipment under the control of that official. After completion of the inventory" are omitted as executed. The words "all computer equipment" are substituted for "any such equipment" for clarity.
Editorial Notes
Prior Provisions
A prior section 11701, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1250, related to on-line multiple award schedule contracting, prior to repeal by Pub. L. 107–314, div. A, title VIII, §825(c)(1), Dec. 2, 2002, 116 Stat. 2616.
Amendments
2002—Pub. L. 107–314 renumbered section 11702 of this title as this section.
§11702. 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1252, §11703; renumbered §11702, Pub. L. 107–314, div. A, title VIII, §825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11703 | 40:1503. | Pub. L. 104–106, div. E, title LIV, §5403, Feb. 10, 1996, 110 Stat. 698. |
The words "Notwithstanding any other provision of this chapter" are omitted as unnecessary.
Editorial Notes
Prior Provisions
A prior section 11702 was renumbered section 11701 of this title.
Amendments
2002—Pub. L. 107–314 renumbered section 11703 of this title as this section.
§11703. 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1252, §11704; renumbered §11703, Pub. L. 107–314, div. A, title VIII, §825(c)(2), Dec. 2, 2002, 116 Stat. 2616.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 11704 | 40:1461. | Pub. L. 104–106, div. E, title LII, §5201, Feb. 10, 1996, 110 Stat. 689. |
Editorial Notes
Prior Provisions
A prior section 11703 was renumbered section 11702 of this title.
Amendments
2002—Pub. L. 107–314 renumbered section 11704 of this title as this section.
[§11704. Renumbered §11703]
SUBTITLE IV—APPALACHIAN REGIONAL DEVELOPMENT
CHAPTER 141—GENERAL PROVISIONS
§14101. Findings and purposes
(a) 1965
(1)
(2)
(b) 1975
(1)
(2)
(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
(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
(1)
(2)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1252.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14101(a) | 40 App.:2(a). | Pub. L. 89–4, §2(a), Mar. 9, 1965, 79 Stat. 5; Pub. L. 94–188, title I, §102, Dec. 31, 1975, 89 Stat. 1079. |
| 14101(b) | 40 App.:2(b). | Pub. L. 89–4, §2(b), as added Pub. L. 94–188, title I, §102, Dec. 31, 1975, 89 Stat. 1079; Pub. L. 107–149, §2(b)(1), Mar. 12, 2002, 116 Stat. 66. |
| 14101(c) | 40 App.:2(c). | Pub. L. 89–4, §2(c), as added Pub. L. 105–393, title II, §202, Nov. 13, 1998, 112 Stat. 3618; Pub. L. 107–149, §2(b)(2), Mar. 12, 2002, 116 Stat. 66. |
In subsection (b)(1), the words "December 31, 1975" are substituted for "now" for clarity.
In subsection (c)(1), the words "decade ending November 13, 1998" are substituted for "past decade" for clarity.
§14102. Definitions
(a)
(1)
(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, 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, Metcalfe, Monroe, Montgomery, Morgan, Nicholas, Owsley, Perry, Pike, Powell, Pulaski, Robertson, 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, Catawba, Cherokee, Clay, Cleveland, 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, Ashtabula, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Trumbull, 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, Spartanburg, and Union.
(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, Lawrence, Lewis, 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.
(L) In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Henry, Highland, Lee, Montgomery, Patrick, Pulaski, Rockbridge, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe.
(M) All the counties of West Virginia, of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion.
(2)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1254; Pub. L. 110–371, §7, Oct. 8, 2008, 122 Stat. 4042; Pub. L. 117–58, div. A, title I, §11506(a), Nov. 15, 2021, 135 Stat. 584.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14102(a)(1) | 40 App.:403 (less last 2 pars.). | Pub. L. 89–4, title IV, §403, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90–103, title I, §123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91–123, title I, §110, Nov. 25, 1969, 83 Stat. 215; Pub. L. 101–434, Oct. 17, 1990, 104 Stat. 985; Pub. L. 102–240, title I, §1087, Dec. 18, 1991, 105 Stat. 2022; Pub. L. 103–437, §14(e), Nov. 2, 1994, 108 Stat. 4591; Pub. L. 105–178, title I, §1222(a), June 9, 1998, 112 Stat. 223; Pub. L. 107–149, §§11, 13(j), Mar. 12, 2002, 116 Stat. 70, 73. |
| 14102(a)(2) | 40 App.:301. | Pub. L. 89–4, title III, §301, Mar. 9, 1965, 79 Stat. 19. |
| 14102(b) | 40 App.:403 (last 2 pars.). |
In subsection (a)(2), the words "the appropriate state official" are substituted for "the State officer designated by the appropriate State law to make such certification" to eliminate unnecessary words. The words "No entity shall be certified as a local development district for the purposes of this Act unless it is one of the following" are omitted as unnecessary.
In subsection (b), the text of 40 App.:403 (last par.) is omitted as obsolete.
Editorial Notes
Amendments
2021—Subsec. (a)(1)(G). Pub. L. 117–58, §11506(a)(1), inserted "Catawba," after "Caldwell," and "Cleveland," after "Clay,".
Subsec. (a)(1)(J). Pub. L. 117–58, §11506(a)(2), substituted "Spartanburg, and Union" for "and Spartanburg".
Subsec. (a)(1)(M). Pub. L. 117–58, §11506(a)(3), inserted ", of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion" after "West Virginia".
2008—Subsec. (a)(1)(C). Pub. L. 110–371, §7(a), inserted "Metcalfe," after "Menifee,", "Nicholas," after "Morgan,", and "Robertson," after "Pulaski,".
Subsec. (a)(1)(H). Pub. L. 110–371, §7(b), inserted "Ashtabula," after "Adams,", "Mahoning," after "Lawrence,", and "Trumbull," after "Scioto,".
Subsec. (a)(1)(K). Pub. L. 110–371, §7(c), inserted "Lawrence, Lewis," after "Knox,".
Subsec. (a)(1)(L). Pub. L. 110–371, §7(d), inserted "Henry," after "Grayson," and "Patrick," after "Montgomery,".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
CHAPTER 143—APPALACHIAN REGIONAL COMMISSION
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
SUBCHAPTER II—FINANCIAL ASSISTANCE
Editorial Notes
Amendments
Pub. L. 117–58, div. A, title I, §11506(c)(2), Nov. 15, 2021, 135 Stat. 584, which directed amendment of the analysis for subchapter II of this chapter by adding item 14323 at the end, was executed by adding item 14323 to the analysis for this chapter to reflect the probable intent of Congress.
SUBCHAPTER I—ORGANIZATION AND ADMINISTRATION
§14301. Establishment, membership, and employees
(a)
(b)
(1)
(2)
(3)
(c)
(d)
(1)
(2)
(e)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1256; Pub. L. 112–166, §2(n), Aug. 10, 2012, 126 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14301(a), (b)(1) | 40 App.:101(a)(1) (1st, 3d sentences). | Pub. L. 89–4, title I, §101(a)(1), (c), (d), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, §§103(1), (2), (4), (5), 104, Dec. 31, 1975, 89 Stat. 1079, 1080; Pub. L. 105–393, title II, §203(a)(1), (b)(2), Nov. 13, 1998, 112 Stat. 3619. |
| 14301(b)(2) | 40 App.:101(c) (1st–4th sentences). | |
| 14301(b)(3) | 40 App.:101(a)(1) (2d, last sentences). | |
| 14301(c) | 40 App.:101(d) (1st sentence, 2d sentence related to compensation, last sentence). | |
| 14301(d)(1) | 40 App.:101(c) (last sentence). | |
| 14301(d)(2) | 40 App.:101(d) (2d sentence related to delegation). | |
| 14301(e) | 40 App.:106(2) (2d sentence). | Pub. L. 89–4, title I, §106(2) (2d, last sentences), Mar. 9, 1965, 79 Stat. 8; Pub. L. 94–188, title I, §108, Dec. 31, 1975, 89 Stat. 1081. |
| 14301(f) | 40 App.:106(2) (last sentence). |
In subsection (e), the words "The Commission has an executive director" are added for clarity.
Editorial Notes
Amendments
2012—Subsec. (b)(2). Pub. L. 112–166 struck out "by and with the advice and consent of the Senate" after "The President,".
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
§14302. Decisions
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1257.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14302 | 40 App.:101(b). | Pub. L. 89–4, title I, §101(b), Mar. 9, 1965, 79 Stat. 6; Pub. L. 94–188, title I, §103(3), Dec. 31, 1975, 89 Stat. 1080; Pub. L. 105–393, title II, §203(c), Nov. 13, 1998, 112 Stat. 3619; Pub. L. 107–149, §13(a), Mar. 12, 2002, 116 Stat. 71. |
§14303. Functions
(a)
(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;
(10) seek to coordinate the economic development activities of, and the use of economic development resources by, federal agencies in the region; and
(11) support broadband access in the Appalachian region.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1258; Pub. L. 117–58, div. A, title I, §11506(b), Nov. 15, 2021, 135 Stat. 584.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14303 | 40 App.:102. | Pub. L. 89–4, title I, §102, Mar. 9, 1965, 79 Stat. 7; Pub. L. 90–103, title I, §102, Oct. 11, 1967, 81 Stat. 257; Pub. L. 94–188, title I, §105, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 107–149, §3, Mar. 12, 2002, 116 Stat. 66. |
Editorial Notes
Amendments
2021—Subsec. (a)(11). Pub. L. 117–58 added par. (11).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
Termination of Advisory Councils
Advisory councils established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a council established by the President or an officer of the Federal Government, such council is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a council established by the Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees.
§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
(2) additional federal, state, and local legislation or administrative actions as the Commission considers necessary to further the purposes of this subtitle.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1258.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14304 | 40 App.:103. | Pub. L. 89–4, title I, §103, Mar. 9, 1965, 79 Stat. 7. |
Before clause (1), the words "from time to time" are omitted as unnecessary.
§14305. Liaison between Federal Government and Commission
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14305(a) | 40 App.:104(a). | Pub. L. 89–4, title I, §104(a), Mar. 9, 1965, 79 Stat. 8; Pub. L. 107–149, §4(1), Mar. 12, 2002, 116 Stat. 67. |
| 14305(b) | 40 App.:104(b) | Pub. L. 89–4, title I, §104(b), as added Pub. L. 107–149, §4(2), Mar. 12, 2002, 116 Stat. 67. |
§14306. Administrative powers and expenses
(a)
(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;
(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)
(1)
(2)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1259.)
In subsection (a)(6), the words "any property" are substituted for "property, real, personal, or mixed, tangible or intangible" to eliminate unnecessary words.
In subsection (a)(7), before subclause (A), the words "notwithstanding any other provision of law" are omitted as unnecessary. In subclause (C), the words "firm, association, or corporation" are omitted as being included in the definition of "person" in 1:1.
In subsection (c), the words "Director of the Office of Personnel Management" are substituted for "Civil Service Commission" in section 106(5) of the Appalachian Regional Development Act of 1965 (Public Law 89–4, 79 Stat. 8) because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783).
In subsection (d), the word "amount" is substituted for "share" for clarity.
§14307. Meetings
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1260.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14307 | 40 App.:101(a)(2). | Pub. L. 89–4, title I, §101(a)(2), as added Pub. L. 105–393, title II, §203(a)(2), (b)(1), Nov. 13, 1998, 112 Stat. 3619. |
§14308. Information
(a)
(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
(B) audit and examination by the Comptroller General or an authorized representative of the Comptroller General.
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1260; Pub. L. 109–284, §6(31), Sept. 27, 2006, 120 Stat. 1213.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14308(a) | 40 App.:107(a)(1) (words before 5th comma), (2) (less words in parentheses), (3). | Pub. L. 89–4, title I, §107, Mar. 9, 1965, 79 Stat. 9; Pub. L. 94–188, title I, §109, Dec. 31, 1975, 89 Stat. 1081. |
| 14308(b)(1) | 40 App.:107(a)(1) (words after 5th comma). | |
| 14308(b)(2) | 40 App.:107(a)(2) (words in parentheses). | |
| 14308(c) | 40 App.:107(b). |
In subsection (b)(1), the words "for the purpose" are omitted as unnecessary.
Editorial Notes
Amendments
2006—Subsec. (b)(2). Pub. L. 109–284 substituted "subsection (a)(2)" for "section (a)(2)".
§14309. Personal financial interests
(a)
(1)
(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)
(3)
(b)
(1)
(2)
(3)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1261.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14309(a)(1) | 40 App.:108(a) (1st sentence). | Pub. L. 89–4, title I, §108, Mar. 9, 1965, 79 Stat. 9. |
| 14309(a)(2) | 40 App.:108(b). | |
| 14309(a)(3) | 40 App.:108(a) (last sentence). | |
| 14309(b) | 40 App.:108(c). | |
| 14309(c) | 40 App.:108(d). | |
| 14309(d) | 40 App.:108(e). |
In subsection (a), the words "proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other" are omitted as unnecessary.
In subsection (a)(1), before clause (A), the words "in any way" are substituted for "through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise" to eliminate unnecessary words.
In subsection (a)(3), the words "fined under title 18" are substituted for "fined not more than $10,000" for consistency with chapter 227 of title 18.
In subsection (b)(3), the words "fined under title 18" are substituted for "fined not more than $5,000" for consistency with chapter 227 of title 18.
In subsection (c), the words "Notwithstanding any other subsection of this section" are omitted as unnecessary. The words "this section" are substituted for "any such subsection" to correct an apparent error in the source provision.
In subsection (d), the words "in its discretion" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1262.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14310 | 40 App.:304. | Pub. L. 89–4, title III, §304, Mar. 9, 1965, 79 Stat. 20. |
SUBCHAPTER II—FINANCIAL ASSISTANCE
§14321. Grants and other assistance
(a)
(1)
(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 the grant shall not exceed—
(I) 50 percent of administrative expenses;
(II) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which a distressed county designation is in effect under section 14526, 75 percent of administrative expenses; or
(III) at the discretion of the Commission, if the grant is to a local development district that has a charter or authority that includes the economic development of a county or a part of a county for which an at-risk county designation is in effect under section 14526, 70 percent of administrative expenses;
(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 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)
(A)
(i) 50 percent may be provided from amounts appropriated to carry out this subtitle;
(ii) 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, 80 percent may be provided from amounts appropriated to carry out this subtitle; or
(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this subtitle.
(B)
(i)
(ii)
(3)
(4)
(b)
(1)
(2)
(3)
(A) $3,000,000 shall be obligated for energy resource related demonstrations; and
(B) $2,500,000 shall be obligated for indigenous arts and crafts demonstrations.
(c)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1262; Pub. L. 110–371, §2(a), Oct. 8, 2008, 122 Stat. 4037; Pub. L. 116–136, div. B, title IV, §14004, Mar. 27, 2020, 134 Stat. 526.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14321(a)(1) | 40 App.:302(a)(1)(A)– (C) (1st sentence). | Pub. L. 89–4, title III, §302, Mar. 9, 1965, 79 Stat. 19; Pub. L. 90–103, title I, §120, Oct. 11, 1967, 81 Stat. 264; Pub. L. 91–123, title I, §108, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, §211, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94–188, title I, §119, Dec. 31, 1975, 89 Stat. 1085; Pub. L. 105–393, title II, §§218(d), 220(a)–(c)(1), Nov. 13, 1998, 112 Stat. 3623, 3624; Pub. L. 107–149, §§9, 13(c), Mar. 12, 2002, 116 Stat. 70, 71. |
| 14321(a)(2) | 40 App.:302(a)(2). | |
| 14321(a)(3) | 40 App.:302(a)(1)(C) (2d sentence). | |
| 14321(a)(4) | 40 App.:302(a)(1)(C) (last sentence). | |
| 14321(b) | 40 App.:302(b). | |
| 14321(c) | 40 App.:302(c). |
In subsection (a)(2)(A), the words "after September 30, 1998" are omitted as obsolete.
In subsection (b)(2), the words "including section 2(b)" are omitted as unnecessary.
In subsection (c)(1), the words "or their duly authorized representatives" are omitted because of 3:301 and 31:711(2).
In subsection (c)(2), the words "or their duly authorized representatives" are omitted because of 3:301 and 31:711(2) and because of the inferred authority of the Commission to delegate in the absence of a prohibition. See section 14301(d) of the revised title.
Editorial Notes
References in Text
The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(1)(B), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified generally to chapter 38 (§3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
Amendments
2020—Subsec. (a)(2)(B)(ii). Pub. L. 116–136 inserted before period at end ", except that a discretionary grant to respond to economic distress directly related to the impacts of the Coronavirus Disease 2019 (COVID–19) shall not be included in such aggregate amount".
2008—Subsec. (a)(1)(A)(i). Pub. L. 110–371, §2(a)(1), added cl. (i) and struck out former cl. (i) which read as follows: "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;".
Subsec. (a)(2)(A). Pub. L. 110–371, §2(a)(2), added subpar. (A) and struck out heading and text of former subpar. (A). Text read as follows: "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."
1 So in original. Probably should be preceded by "to".
§14322. Approval of development plans, strategy statements, and projects
(a)
(b)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1264.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14322(a) | 40 App.:303 (1st sentence). | Pub. L. 89–4, title III, §303, Mar. 9, 1965, 79 Stat. 20; Pub. L. 90–103, title I, §121, Oct. 11, 1967, 81 Stat. 265; Pub. L. 94–188, title I, §120, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 107–149, §13(i), Mar. 12, 2002, 116 Stat. 72. |
| 14322(b) | 40 App.:303 (2d, 3d sentences). | |
| 14322(c) | 40 App.:303 (last sentence). |
§14323. Congressional notification
(a)
(b)
(Added Pub. L. 117–58, div. A, title I, §11506(c)(1), Nov. 15, 2021, 135 Stat. 584.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of Title 23, Highways.
CHAPTER 145—SPECIAL APPALACHIAN PROGRAMS
SUBCHAPTER I—PROGRAMS
SUBCHAPTER II—ADMINISTRATIVE
Editorial Notes
Amendments
Pub. L. 117–58, div. A, title I, §11506(e)(2), Nov. 15, 2021, 135 Stat. 586, which directed amendment of the analysis for subchapter I of this chapter by adding item 14511 at the end, was executed by adding item 14511 to the analysis for this chapter to reflect the probable intent of Congress.
2018—Pub. L. 115–271, title VIII, §8062(b), Oct. 24, 2018, 132 Stat. 4095, added item 14510.
2015—Pub. L. 114–94, div. A, title I, §1436(a)(2), Dec. 4, 2015, 129 Stat. 1431, added item 14509.
2008—Pub. L. 110–371, §§3(b), 4(b), Oct. 8, 2008, 122 Stat. 4041, added items 14508 and 14526 and struck out former item 14526 "Distressed and economically strong counties".
1 So in original. Probably should be followed by a period.
SUBCHAPTER I—PROGRAMS
§14501. Appalachian development highway system
(a)
(b)
(1)
(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)
(c)
(d)
(1)
(2)
(e)
(f)
(1)
(2)
(g)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1265; Pub. L. 108–199, div. F, title I, §123(a), Jan. 23, 2004, 118 Stat. 296.)
In subsection (c), the text of 40 App.:201(c) (1st sentence) is omitted as obsolete because appropriations were not authorized under 40 App.:201(g) after fiscal year 1982.
In subsection (e), the text of 40 App.:201(g) is omitted as obsolete.
Editorial Notes
Amendments
2004—Subsec. (a). Pub. L. 108–199, which directed substitution of "three thousand and ninety" for "three thousand and twenty-five" in third sentence, was executed by substituting "three thousand and ninety" for "3,025" in second sentence of subsec. (a) to reflect the probable intent of Congress.
Statutory Notes and Related Subsidiaries
Appalachian Development Highway System
Pub. L. 112–141, div. A, title I, §1528, July 6, 2012, 126 Stat. 582, as amended by Pub. L. 114–94, div. A, title I, §1435, Dec. 4, 2015, 129 Stat. 1430, provided that:
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
§14502. Demonstration health projects
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(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)
(3)
(4)
(5)
(d)
(1)
(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)
(A) 50 percent of the cost of that operation;
(B) 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, 80 percent of the cost of that operation; or
(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of the cost of that operation.
(3)
(4)
(5)
(e)
(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)
(1)
(2)
(A) 80 percent; or
(B) the maximum federal contribution percentage authorized by this section.
(3)
(A) 70 percent; or
(B) the maximum Federal contribution percentage authorized by this section.
(g)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1266; Pub. L. 110–371, §2(b), Oct. 8, 2008, 122 Stat. 4038.)
In subsection (c)(1)(A)(ii), the words "where the acquisition of such facilities is the most cost-effective means for providing increased health services" are omitted as unnecessary because of the more narrow requirement that the Commission find that but for the acquisition of the facility, the health services would not be otherwise provided in the area served by the facility.
In subsection (f)(1), the words "After September 30, 1998" are omitted as obsolete.
Editorial Notes
References in Text
The Public Health Service Act, referred to in subsec. (c)(2), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (c)(2), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677, which is classified principally to chapter 144 (§15001 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 15001 of Title 42 and Tables.
The Social Security Act, referred to in subsec. (d)(3), (5), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, which is classified generally to chapter 7 (§301 et seq.) of Title 42, The Public Health and Welfare. Parts A and B of title IV of the Act are classified generally to parts A (§601 et seq.) and B (§620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of the Act is classified generally to subchapter XX (§1397 et seq.) of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.
Amendments
2008—Subsec. (d)(2). Pub. L. 110–371, §2(b)(1), added par. (2) and struck out heading and text of former par. (2). Text read as follows: "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 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)."
Subsec. (f)(1). Pub. L. 110–371, §2(b)(2)(A), substituted "paragraphs (2) and (3)" for "paragraph (2)".
Subsec. (f)(3). Pub. L. 110–371, §2(b)(2)(B), added par. (3).
Statutory Notes and Related Subsidiaries
Termination of Advisory Committee
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.
§14503. Assistance for proposed low- and middle-income housing projects
(a)
(1)
(2)
(b)
(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)
(d)
(1)
(A) 50 percent of that cost;
(B) 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, 80 percent of that cost; or
(C) in the case of a project to be carried out for a county for which an at-risk county designation is in effect under section 14526, 70 percent of that cost.
(2)
(3)
(e)
(1)
(A) not be made to an organization established for profit; and
(B) except as provided in paragraph (2), not exceed—
(i) 50 percent of those expenses;
(ii) 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, 80 percent of those expenses; or
(iii) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent of those expenses.
(2)
(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)
(g)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1268; Pub. L. 110–371, §2(c), Oct. 8, 2008, 122 Stat. 4038.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14503(a) | 40 App.:207(d). | Pub. L. 89–4, title II, §207, as added Pub. L. 90–103, title I, §112, Oct. 11, 1967, 81 Stat. 261; Pub. L. 90–448, title II, §201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91–123, title I, §106, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, §208, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94–188, title I, §113, Dec. 31, 1975, 89 Stat. 1082; Pub. L. 105–393, title II, §212, Nov. 13, 1998, 112 Stat. 3621; Pub. L. 107–149, §13(e), Mar. 12, 2002, 116 Stat. 71. |
| 14503(b) | 40 App.:207(a). | |
| 14503(c) | 40 App.:207(e) (words after "areas of the region"). | |
| 14503(d) | 40 App.:207(b). | |
| 14503(e) | 40 App.:207(c). | |
| 14503(f) | 40 App.:207(e) (words before "and may provide funds"). | |
| 14503(g) | 40 App.:207(f). |
Subsection (a)(1) is added for clarity and for consistency with other titles of the United States Code.
In subsection (g), the words "notwithstanding such section" are omitted as unnecessary.
Editorial Notes
Amendments
2008—Subsec. (d)(1). Pub. L. 110–371, §2(c)(1), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "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."
Subsec. (e)(1). Pub. L. 110–371, §2(c)(2), added par. (1) and struck out heading and text of former par. (1). Text read as follows: "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 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."
§14504. Telecommunications and technology initiative
(a)
(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)
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1270; Pub. L. 110–371, §2(d), Oct. 8, 2008, 122 Stat. 4039.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14504(a) | 40 App.:203(a). | Pub. L. 89–4, title II, §203, as added Pub. L. 107–149, §5, Mar. 12, 2002, 116 Stat. 67. |
| 14504(b) | 40 App.:203(c). | |
| 14504(c) | 40 App.:203(b)(1). | |
| 14504(d) | 40 App.:203(b)(2). |
Editorial Notes
Amendments
2008—Subsec. (b). Pub. L. 110–371 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: "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."
§14505. Entrepreneurship initiative
(a)
(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)
(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)
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1271; Pub. L. 110–371, §2(e), Oct. 8, 2008, 122 Stat. 4039.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14505(a) | 40 App.:204(a). | Pub. L. 89–4, title II, §204, as added Pub. L. 107–149, §6, Mar. 12, 2002, 116 Stat. 68. |
| 14505(b) | 40 App.:204(b). | |
| 14505(c) | 40 App.:204(d). | |
| 14505(d) | 40 App.:204(c)(1). | |
| 14505(e) | 40 App.:204(c)(2). |
Editorial Notes
Amendments
2008—Subsec. (c). Pub. L. 110–371 added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "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."
§14506. Regional skills partnerships
(a)
(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)
(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)
(d)
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.
(e)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1271; Pub. L. 110–371, §2(f), Oct. 8, 2008, 122 Stat. 4039.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14506(a) | 40 App.:205(a). | Pub. L. 89–4, title II, §205, as added Pub. L. 107–149, §7, Mar. 12, 2002, 116 Stat. 69. |
| 14506(b) | 40 App.:205(b). | |
| 14506(c) | 40 App.:205(c). | |
| 14506(d) | 40 App.:205(e). | |
| 14506(e) | 40 App.:205(d)(1). | |
| 14506(f) | 40 App.:205(d)(2). |
Editorial Notes
Amendments
2008—Subsec. (d). Pub. L. 110–371 added subsec. (d) and struck out heading and text of former subsec. (d). Text read as follows: "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."
§14507. Supplements to federal grant programs
(a)
(1)
(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) chapter 2003 of title 54;
(iii) the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.);
(iv) the Carl D. Perkins Career and Technical Education Act of 2006 (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)
(b)
(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)
(d)
(e)
(f)
(1) be increased to more than the percentages the Commission establishes; nor
(2) be more than 80 percent of the cost.
(g)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1272; Pub. L. 109–270, §2(j), Aug. 12, 2006, 120 Stat. 748; Pub. L. 110–371, §2(g), Oct. 8, 2008, 122 Stat. 4040; Pub. L. 113–287, §5(j)(7), Dec. 19, 2014, 128 Stat. 3269.)
In subsection (a)(1)(A), before subclause (i), the words "authorized by this Act or any other Act" are omitted as unnecessary.
In subsection (a)(1)(B)(ii), the words "under this Act or any other Act" and "a form of" are omitted as unnecessary.
In subsection (a)(2), the words "title II" are substituted for "section 8(c)" because of the general amendment and revision of the Federal Water Pollution Control Act by section 2 of the Federal Water Pollution Control Act Amendments of 1972 (Public Law 92–500, 86 Stat. 816).
In subsection (g)(1), the words "after September 30, 1998" are omitted as obsolete.
Editorial Notes
References in Text
The Consolidated Farm and Rural Development Act, referred to in subsec. (a)(1)(A)(i), is title III of Pub. L. 87–128, Aug. 8, 1961, 75 Stat. 307, which is classified principally to chapter 50 (§1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables.
The Watershed Protection and Flood Prevention Act, referred to in subsec. (a)(1)(A)(iii), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, which is classified principally to chapter 18 (§1001 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 16 and Tables.
The Carl D. Perkins Career and Technical Education Act of 2006, referred to in subsec. (a)(1)(A)(iv), is Pub. L. 88–210, Dec. 18, 1963, 77 Stat. 403, as amended generally by Pub. L. 109–270, §1(b), Aug. 12, 2006, 120 Stat. 683, which is classified generally to chapter 44 (§2301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 2301 of Title 20 and Tables.
The Federal Water Pollution Control Act, referred to in subsec. (a)(1)(A)(v), (2), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, also known as the Clean Water Act, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. Title II of the Act is classified generally to subchapter II (§1281 et seq.) of chapter 26 of Title 33. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
The Public Health Service Act, referred to in subsec. (a)(1)(A)(vi), is act July 1, 1944, ch. 373, 58 Stat. 682. Title VI of the Act is classified generally to subchapter IV (§291 et seq.) of chapter 6A of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 201 of Title 42 and Tables.
The Housing and Community Development Act of 1974, referred to in subsec. (a)(1)(A)(viii), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified principally to chapter 69 (§5301 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables.
The Communications Act of 1934, referred to in subsec. (a)(1)(A)(ix), is act June 19, 1934, ch. 652, 48 Stat. 1064. Part IV of title III of the Act is classified generally to part IV (§390 et seq.) of subchapter III of chapter 5 of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
Amendments
2014—Subsec. (a)(1)(A)(ii). Pub. L. 113–287 substituted "chapter 2003 of title 54" for "the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.)".
2008—Subsec. (g)(1). Pub. L. 110–371, §2(g)(1), substituted "paragraphs (2) and (3)" for "paragraph (2)".
Subsec. (g)(3). Pub. L. 110–371, §2(g)(2), added par. (3).
2006—Subsec. (a)(1)(A)(iv). Pub. L. 109–270 substituted "Carl D. Perkins Career and Technical Education Act of 2006" for "Carl D. Perkins Vocational and Technical Education Act of 1998".
§14508. Economic and energy development initiative
(a)
(1) to promote energy efficiency in the Appalachian region to enhance the economic competitiveness of the Appalachian region;
(2) to increase the use of renewable energy resources, particularly biomass, in the Appalachian region to produce alternative transportation fuels, electricity, and heat; and
(3) to support the development of regional, conventional energy resources to produce electricity and heat through advanced technologies that achieve a substantial reduction in emissions, including greenhouse gases, over the current baseline.
(b)
(1) 50 percent may be provided from amounts appropriated to carry out this section;
(2) 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, 80 percent may be provided from amounts appropriated to carry out this section; or
(3) in the case of a project to be carried out in a county for which an at-risk county designation is in effect under section 14526, 70 percent may be provided from amounts appropriated to carry out this section.
(c)
(d)
(Added Pub. L. 110–371, §3(a), Oct. 8, 2008, 122 Stat. 4040.)
§14509. High-speed broadband deployment initiative
(a)
(b)
(1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or
(2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region.
(c)
(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and
(2) notwithstanding paragraph (1)—
(A) 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, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
(d)
(1) under any other Federal program; or
(2) from any other source.
(e)
(f)
(1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and
(2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program.
(g)
(Added Pub. L. 114–94, div. A, title I, §1436(a)(1), Dec. 4, 2015, 129 Stat. 1430; amended Pub. L. 117–58, div. A, title I, §11506(d), Nov. 15, 2021, 135 Stat. 584.)
Editorial Notes
Amendments
2021—Subsec. (a). Pub. L. 117–58, §11506(d)(1), added subsec. (a) and struck out former subsec. (a) which related to the Appalachian Regional Commission providing technical assistance, making grants, entering into contracts, or otherwise providing amounts to individuals or entities in the Appalachian region for projects and activities and specifying particular objectives in pars. (1) to (6).
Subsec. (b). Pub. L. 117–58, §11506(d)(3), added subsec. (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 117–58, §11506(d)(2), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 117–58, §11506(d)(2), (4), redesignated subsec. (c) as (d) and substituted "subsection (c)" for "subsection (b)" in introductory provisions. Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 117–58, §11506(d)(2), redesignated subsec. (d) as (e).
Subsec. (f), (g). Pub. L. 117–58, §11506(d)(5), added subsecs. (f) and (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
Effective Date
Pub. L. 114–94, div. A, title I, §1436(d), Dec. 4, 2015, 129 Stat. 1432, provided that: "This section [enacting this section and amending sections 14703 and 14704 of this title] and the amendments made by this section take effect on October 1, 2015."
§14510. Drug abuse mitigation initiative
(a)
(1) to facilitate the sharing of best practices among States, counties, and other experts in the region with respect to reducing such abuse;
(2) to initiate or expand programs designed to eliminate or reduce the harm to the workforce and economic growth of the region that results from such abuse;
(3) to attract and retain relevant health care services, businesses, and workers; and
(4) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine.
(b)
(1) not more than 50 percent may be provided from amounts appropriated to carry out this section; and
(2) notwithstanding paragraph (1)—
(A) 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, not more than 80 percent may be provided from amounts appropriated to carry out this section; and
(B) in the case of a project to be carried out in a county for which an at-risk designation is in effect under section 14526, not more than 70 percent may be provided from amounts appropriated to carry out this section.
(c)
(1) under any other Federal program (subject to the availability of subsequent appropriations); or
(2) from any other source.
(d)
(Added Pub. L. 115–271, title VIII, §8062(a), Oct. 24, 2018, 132 Stat. 4094.)
§14511. Appalachian regional energy hub initiative
(a)
(1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot;
(2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and
(3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks.
(b)
(1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section;
(2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and
(3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section.
(c)
(1) under any other Federal program; or
(2) from any other source.
(d)
(Added Pub. L. 117–58, div. A, title I, §11506(e)(1), Nov. 15, 2021, 135 Stat. 585.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as an Effective Date of 2021 Amendment note under section 101 of Title 23, Highways.
SUBCHAPTER II—ADMINISTRATIVE
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14521 | 40 App.:221. | Pub. L. 89–4, title II, §221, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §117, Oct. 11, 1967, 81 Stat. 263; Pub. L. 101–427, Oct. 15, 1990, 104 Stat. 927. |
The words "or such Federal officer or officers as the President may designate" are omitted because of 3:301.
§14522. Consent of States
This subtitle does not require a State to engage in or accept a program under this subtitle without its consent.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14522 | 40 App.:222. | Pub. L. 89–4, title II, §222, Mar. 9, 1965, 79 Stat. 18. |
§14523. Program implementation
(a)
(1) the responsible federal official has decided that applications and plans relating to the program or project are not incompatible with the provisions and objectives of federal laws that the official administers that are not inconsistent with this subtitle; and
(2) the Appalachian Regional Commission has approved the program or project and has determined that it—
(A) meets the applicable criteria under section 14524 of this title and the requirements of the development planning process under section 14525 of this title; and
(B) will contribute to the development of the Appalachian region.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1274.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14523 | 40 App.:223. | Pub. L. 89–4, title II, §223, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §118, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94–188, title I, §116, Dec. 31, 1975, 89 Stat. 1083. |
§14524. Program development criteria
(a)
(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)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14524(a) | 40 App.:224(a). | Pub. L. 89–4, title II, §224(a), Mar. 9, 1965, 79 Stat. 18; Pub. L. 90–103, title I, §119(a), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, §218(a), (b), Nov. 13, 1998, 112 Stat. 3622; Pub. L. 107–149, §§8(a), 13(g), Mar. 12, 2002, 116 Stat. 70, 72. |
| 14524(b) | 40 App.:224(b). | Pub. L. 89–4, title II, §224(b), Mar. 9, 1965, 79 Stat. 19; Pub. L. 90–103, title I, §119(b), Oct. 11, 1967, 81 Stat. 264; Pub. L. 105–393, title II, §218(c), Nov. 13, 1998, 112 Stat. 3623. |
| 14524(c) | 40 App.:224(c). | Pub. L. 89–4, title II, §224(c), as added Pub. L. 94–188, title I, §117, Dec. 31, 1975, 89 Stat. 1084. |
| 14524(d) | 40 App.:224(d). | Pub. L. 89–4, title II, §224(d), as added Pub. L. 107–149, §8(b), Mar. 12, 2002, 116 Stat. 70. |
§14525. State development planning process
(a)
(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)
(c)
(d)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14525(a) | 40 App.:225(a). | Pub. L. 89–4, title II, §225, as added Pub. L. 94–188, title I, §118, Dec. 31, 1975, 89 Stat. 1084; Pub. L. 107–149, §13(h), Mar. 12, 2002, 116 Stat. 72. |
| 14525(b) | 40 App.:225(b)(2). | |
| 14525(c) | 40 App.:225(b)(1). | |
| 14525(d) | 40 App.:225(c). |
Editorial Notes
References in Text
The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(3)(C), is Pub. L. 89–136, Aug. 26, 1965, 79 Stat. 552, which is classified principally to chapter 38 (§3121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3121 of Title 42 and Tables.
§14526. Distressed, at-risk, and economically strong counties
(a)
(1)
(A) designate as "distressed counties" those counties in the Appalachian region that are the most severely and persistently distressed;
(B) designate as "at-risk counties" those counties in the Appalachian region that are most at risk of becoming economically distressed; and
(C) 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)
(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)
(c)
(1)
(2)
(3)
(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)
(A)
(i) a significant pocket of distress in the part of the county in which the project is carried out.
(ii) a significant potential benefit from the project in at least one area of the region outside the designated county.
(B)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1277; Pub. L. 110–371, §4(a), Oct. 8, 2008, 122 Stat. 4041.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14526 | 40 App.:226. | Pub. L. 89–4, title II, §226, as added Pub. L. 105–393, title II, §219, Nov. 13, 1998, 112 Stat. 3623. |
In subsection (a)(1), before clause (A), the words "Not later than 90 days after November 13, 1988" are omitted as obsolete.
Editorial Notes
Amendments
2008—Pub. L. 110–371, §4(a)(1), inserted ", at-risk," after "Distressed" in section catchline.
Subsec. (a)(1)(B), (C). Pub. L. 110–371, §4(a)(2), added subpar. (B) and redesignated former subpar. (B) as (C).
CHAPTER 147—MISCELLANEOUS
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1278.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14701 | 40 App.:402. | Pub. L. 89–4, title IV, §402, Mar. 9, 1965, 79 Stat. 21. |
The reference to 40:276(c) should be to 40:276c, restated as section 3145 of the revised title.
Editorial Notes
References in Text
Reorganization Plan Numbered 14 of 1950, referred to in text, is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1278.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14702 | 40 App.:223 note. | Pub. L. 92–65, title II, §214, Aug. 5, 1971, 85 Stat. 173. |
§14703. Authorization of appropriations
(a)
(1) $87,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009;
(3) $105,000,000 for fiscal year 2010;
(4) $108,000,000 for fiscal year 2011;
(5) $110,000,000 for each of fiscal years 2012 through 2021; and
(6) $200,000,000 for each of fiscal years 2022 through 2026.
(b)
(1) $12,000,000 for fiscal year 2008;
(2) $12,500,000 for fiscal year 2009;
(3) $13,000,000 for fiscal year 2010;
(4) $13,500,000 for fiscal year 2011; and
(5) $14,000,000 for fiscal year 2012.
(c)
(d)
(e)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1278; Pub. L. 110–371, §5, Oct. 8, 2008, 122 Stat. 4041; Pub. L. 114–94, div. A, title I, §1436(b), Dec. 4, 2015, 129 Stat. 1431; Pub. L. 116–159, div. B, title I, §1107(a), Oct. 1, 2020, 134 Stat. 727; Pub. L. 117–58, div. A, title I, §11506(f), Nov. 15, 2021, 135 Stat. 586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14703 | 40 App.:401. | Pub. L. 89–4, title IV, §401, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90–103, title I, §122, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91–123, title I, §109, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92–65, title II, §212, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94–188, title I, §121, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96–506, §3(5), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97–35, title XVIII, §1822(a)(3), (4), Aug. 13, 1981, 95 Stat. 767; Pub. L 105–393, title II, §221, Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107–149, §10, Mar. 12, 2002, 116 Stat. 70. |
Editorial Notes
Amendments
2021—Subsec. (a)(6). Pub. L. 117–58, §11506(f)(1), added par. (6).
Subsec. (c). Pub. L. 117–58, §11506(f)(2), substituted "$20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026" for "$10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021".
Subsecs. (d) to (f). Pub. L. 117–58, §11506(f)(3), (4), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.
2020—Subsec. (a)(5). Pub. L. 116–159, §1107(a)(1), substituted "2021" for "2020".
Subsec. (c). Pub. L. 116–159, §1107(a)(2), substituted "2021" for "2020".
2015—Subsec. (a)(5). Pub. L. 114–94, §1436(b)(1), substituted "each of fiscal years 2012 through 2020" for "fiscal year 2012".
Subsecs. (c) to (e). Pub. L. 114–94, §1436(b)(2), (3), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.
2008—Subsec. (a). Pub. L. 110–371, §5(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) authorized appropriations to the Appalachian Regional Commission for fiscal years 2002 to 2006.
Subsec. (b). Pub. L. 110–371, §5(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) authorized appropriations to carry out section 14504 of this title for fiscal years 2002 to 2006.
Subsec. (d). Pub. L. 110–371, §5(c), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1436(d) of Pub. L. 114–94, set out as an Effective Date note under section 14509 of this title.
§14704. Termination
This subtitle, except sections 14102(a)(1) and (b) and 14501, ceases to be in effect on October 1, 2026.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1278; Pub. L. 109–289, div. B, title II, §20326, as added Pub. L. 110–5, §2, Feb. 15, 2007, 121 Stat. 22; Pub. L. 110–371, §6, Oct. 8, 2008, 122 Stat. 4042; Pub. L. 114–94, div. A, title I, §1436(c), Dec. 4, 2015, 129 Stat. 1431; Pub. L. 116–159, div. B, title I, §1107(b), Oct. 1, 2020, 134 Stat. 727; Pub. L. 117–58, div. A, title I, §11506(g), Nov. 15, 2021, 135 Stat. 586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 14704 | 40 App.:405. | Pub. L. 89–4, title IV, §405, Mar. 9, 1965, 79 Stat. 23; Pub. L. 91–123, title I, §111, Nov. 25, 1969, 83 Stat. 216; Pub. L. 92–65, title II, §213, Aug. 5, 1971, 85 Stat. 173; Pub. L. 94–188, title I, §122(a), Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96–506, §3(6), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 105–178, title I, §1222(b) (1st sentence), June 9, 1998, 112 Stat. 224; Pub. L. 105–393, title II, §222, Nov. 13, 1998, 112 Stat. 3625; Pub. L. 107–149, §12, Mar. 12, 2002, 116 Stat. 71. |
Editorial Notes
Amendments
2021—Pub. L. 117–58 substituted "2026" for "2021".
2020—Pub. L. 116–159 substituted "2021" for "2020".
2015—Pub. L. 114–94 substituted "2020" for "2012".
2008—Pub. L. 110–371 substituted "2012" for "2007".
2007—Pub. L. 109–289, §20326, as added by Pub. L. 110–5, substituted "October 1, 2007" for "October 1, 2006".
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1436(d) of Pub. L. 114–94, set out as an Effective Date note under section 14509 of this title.
SUBTITLE V—REGIONAL ECONOMIC AND INFRASTRUCTURE DEVELOPMENT
CHAPTER 151—GENERAL PROVISIONS
Editorial Notes
Prior Provisions
A prior subtitle V, consisting of chapters 171, 173, 175, 177, 179, 181, and 183, was redesignated subtitle VI of this title by Pub. L. 110–234, title XIV, §14217(a)(1), May 22, 2008, 122 Stat. 1467, and Pub. L. 110–246, title XIV, §14217(a)(1), June 18, 2008, 122 Stat. 2229. The redesignation by Pub. L. 110–234 was repealed by Pub. L. 110–246, §4(a), June 18, 2008, 122 Stat. 1664.
Amendments
2018—Pub. L. 115–334, title VI, §6304(g), Dec. 20, 2018, 132 Stat. 4752, renumbered chapter 1 of subtitle V of this title as chapter 151 of this title.
§15101. Definitions
In this subtitle, the following definitions apply:
(1)
(2)
(A)(i) is an economic development district that is—
(I) in existence on the date of the enactment of this chapter; and
(II) located in the region; or
(ii) if an entity described in clause (i) does not exist—
(I) is organized and operated in a manner that ensures broad-based community participation and an effective opportunity for local officials, community leaders, and the public to contribute to the development and implementation of programs in the region;
(II) is governed by a policy board with at least a simple majority of members consisting of—
(aa) elected officials; or
(bb) designees or employees of a general purpose unit of local government that have been appointed to represent the unit of local government; and
(III) is certified by the Governor or appropriate State officer as having a charter or authority that includes the economic development of counties, portions of counties, or other political subdivisions within the region; and
(B) has not, as certified by the Federal Cochairperson—
(i) inappropriately used Federal grant funds from any Federal source; or
(ii) appointed an officer who, during the period in which another entity inappropriately used Federal grant funds from any Federal source, was an officer of the other entity.
(3)
(4)
(5)
(6)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1468, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2230; amended Pub. L. 117–328, div. O, title IV, §401(a)(2), Dec. 29, 2022, 136 Stat. 5228.)
Editorial Notes
References in Text
The date of the enactment of this chapter, referred to in par. (2)(A)(i)(I), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), referred to in par. (4), was classified to section 450b of Title 25, Indians, prior to editorial reclassification and renumbering as section 5304 of Title 25.
Section 501 of the Internal Revenue Code of 1986, referred to in par. (5), is classified to section 501 of Title 26, Internal Revenue Code.
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2022—Par. (1). Pub. L. 117–328 inserted "or Authority" after "a Commission".
Statutory Notes and Related Subsidiaries
Effective Date
Enactment of this subtitle and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.
Pub. L. 110–234, title XIV, §14217(d), May 22, 2008, 122 Stat. 1482, and Pub. L. 110–246, §4(a), title XIV, §14217(d), June 18, 2008, 122 Stat. 1664, 2244, provided that: "This section [enacting this subtitle, redesignating former subtitle V as subtitle VI of this title, and amending section 11 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees], and the amendments made by this section, shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [June 18, 2008]."
[Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.]
1 See References in Text note below.
2 So in original. Probably means chapter 4 of this subtitle.
CHAPTER 153—REGIONAL COMMISSIONS
Editorial Notes
Amendments
2018—Pub. L. 115–334, title VI, §6304(g), Dec. 20, 2018, 132 Stat. 4752, renumbered chapter 2 of subtitle V of this title as chapter 153 of this title.
§15301. Establishment, membership, and employees
(a)
(1) The Southeast Crescent Regional Commission.
(2) The Southwest Border Regional Commission.
(3) The Northern Border Regional Commission.
(4) The Great Lakes Authority.
(b)
(1)
(A) A Federal Cochairperson, to be appointed by the President, by and with the advice and consent of the Senate.
(B) The Governor of each participating State in the region of the Commission.
(2)
(A)
(B)
(C)
(3)
(A) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Commission; and
(B) a State Cochairperson, who shall be a Governor of a participating State in the region and shall be elected by the State members for a term of not less than 1 year.
(4)
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(e)
(f)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1469, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2231; amended Pub. L. 115–334, title VI, §6304(f), Dec. 20, 2018, 132 Stat. 4752; Pub. L. 117–328, div. O, title IV, §401(a)(1), Dec. 29, 2022, 136 Stat. 5228.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2022—Subsec. (a)(4). Pub. L. 117–328 added par. (4).
2018—Subsec. (f). Pub. L. 115–334 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15302. Decisions
(a)
(b)
(c)
(1) any quorum shall include the Federal Cochairperson or the alternate Federal Cochairperson; and
(2) a State alternate member shall not be counted toward the establishment of a quorum.
(d)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15303. Functions
A Commission shall—
(1) assess the needs and assets of its region based on available research, demonstration projects, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups;
(2) develop, on a continuing basis, comprehensive and coordinated economic and infrastructure development strategies to establish priorities and approve grants for the economic development of its region, giving due consideration to other Federal, State, and local planning and development activities in the region;
(3) not later than one year after the date of the enactment of this section, and after taking into account State plans developed under section 15502, establish priorities in an economic and infrastructure development plan for its region, including 5-year regional outcome targets;
(4)(A) enhance the capacity of, and provide support for, local development districts in its region; or
(B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district;
(5) encourage private investment in industrial, commercial, and other economic development projects in its region;
(6) cooperate with and assist State governments with the preparation of economic and infrastructure development plans and programs for participating States;
(7) formulate and recommend to the Governors and legislatures of States that participate in the Commission forms of interstate cooperation and, where appropriate, international cooperation; and
(8) work with State and local agencies in developing appropriate model legislation to enhance local and regional economic development.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232.)
Editorial Notes
References in Text
The date of the enactment of this section, referred to in par. (3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15304. Administrative powers and expenses
(a)
(1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Commission as the Commission considers appropriate;
(2) authorize, through the Federal or State Cochairperson or any other member of the Commission designated by the Commission, the administration of oaths if the Commission determines that testimony should be taken or evidence received under oath;
(3) request from any Federal, State, or local agency such information as may be available to or procurable by the agency that may be of use to the Commission in carrying out the duties of the Commission;
(4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties by the Commission;
(5) request the head of any Federal agency, State agency, or local government to detail to the Commission such personnel as the Commission requires to carry out its duties, each such detail to be without loss of seniority, pay, or other employee status;
(6) provide for coverage of Commission employees in a suitable retirement and employee benefit system by making arrangements or entering into contracts with any participating State government or otherwise providing retirement and other employee coverage;
(7) accept, use, and dispose of gifts or donations or services or real, personal, tangible, or intangible property;
(8) enter into and perform such contracts, cooperative agreements, or other transactions as are necessary to carry out Commission duties, including any contracts or cooperative agreements with a department, agency, or instrumentality of the United States, a State (including a political subdivision, agency, or instrumentality of the State), or a person, firm, association, or corporation; and
(9) maintain a government relations office in the District of Columbia and establish and maintain a central office at such location in its region as the Commission may select.
(b)
(1) cooperate with a Commission; and
(2) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this subtitle, in accordance with applicable Federal laws (including regulations).
(c)
(1)
(A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses of the Commission; and
(B) by the States participating in the Commission, in an amount equal to 50 percent of the administrative expenses.
(2)
(3)
(A)
(B)
(C)
(i) no assistance under this subtitle shall be provided to the State (including assistance to a political subdivision or a resident of the State) for any project not approved as of the date of the commencement of the delinquency; and
(ii) no member of the Commission from the State shall participate or vote in any action by the Commission.
(4)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1471, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2233; amended Pub. L. 115–334, title VI, §6304(a), Dec. 20, 2018, 132 Stat. 4749.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2018—Subsec. (c)(3)(A). Pub. L. 115–334 substituted "majority" for "unanimous".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15305. Meetings
(a)
(b)
(c)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235.)
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15306. Personal financial interests
(a)
(1)
(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 is negotiating or has any arrangement concerning prospective employment.
(2)
(A) advises the Commission of the nature and circumstances of the matter presenting the conflict of interest;
(B) makes full disclosure of the financial interest; and
(C) receives 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 that the Commission may expect from the individual.
(3)
(b)
(c)
(1)
(2)
(d)
(e)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15307. Tribal participation
Governments of Indian tribes in the region of the Southwest Border Regional Commission shall be allowed to participate in matters before that Commission in the same manner and to the same extent as State agencies and instrumentalities in the region.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1474, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2236.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15308. Annual report
(a)
(b)
(1) a description of the criteria used by the Commission to designate counties under section 15702 and a list of the counties designated in each category;
(2) an evaluation of the progress of the Commission in meeting the goals identified in the Commission's economic and infrastructure development plan under section 15303 and State economic and infrastructure development plans under section 15502; and
(3) any policy recommendations approved by the Commission.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1474, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2236.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
CHAPTER 155—FINANCIAL ASSISTANCE
Editorial Notes
Amendments
2018—Pub. L. 115–334, title VI, §6304(g), Dec. 20, 2018, 132 Stat. 4752, renumbered chapter 3 of subtitle V of this title as chapter 155 of this title.
§15501. Economic and infrastructure development grants
(a)
(1) to develop the transportation infrastructure of its region;
(2) to develop the basic public infrastructure of its region;
(3) to develop the telecommunications infrastructure of its region;
(4) to assist its region in obtaining job skills training, skills development and employment-related education, entrepreneurship, technology, and business development;
(5) to provide assistance to severely economically distressed and underdeveloped areas of its region that lack financial resources for improving basic health care and other public services;
(6) to promote resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals;
(7) to promote the development of renewable and alternative energy sources;
(8) to grow the capacity for successful community economic development in its region; and
(9) to otherwise achieve the purposes of this subtitle.
(b)
(c)
(d)
(1)
(2)
(3)
(A) the project or activity involves 3 or more counties or more than one State; and
(B) the Commission determines in accordance with section 15302(a) that the project or activity will bring significant interstate or multicounty benefits to a region.
(e)
(f)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1474, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2236; amended Pub. L. 115–334, title VI, §6304(b), Dec. 20, 2018, 132 Stat. 4749.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2018—Subsec. (a)(8), (9). Pub. L. 115–334, §6304(b)(1), added par. (8) and redesignated former par. (8) as (9).
Subsec. (b). Pub. L. 115–334, §6304(b)(2), substituted "paragraph (1), (2), (3), or (7)" for "paragraphs (1) through (3)".
Subsec. (f). Pub. L. 115–334, §6304(b)(3), substituted ", except that financial assistance may be used as otherwise authorized by this subtitle to attract businesses to the region from outside the United States." for period at end.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
Waiver of Requirements Relating to Non-Federal Cost-Share Grants and Cooperative Agreements for the Northern Border Regional Commission
Pub. L. 116–260, div. D, title V, §505(b), Dec. 27, 2020, 134 Stat. 1379, provided that: "Requirements relating to non-Federal cost-share grants and cooperative agreements for the Northern Border Regional Commission under section 15501(d) of title 40, United States Code, are waived for grants awarded in fiscal year 2020 and in subsequent years in response to economic distress directly related to the impacts of the Coronavirus Disease (COVID–19)."
State Capacity Building Grant Program
Pub. L. 115–334, title VI, §6304(c), Dec. 20, 2018, 132 Stat. 4750, provided that:
"(1)
"(A)
"(B)
"(C)
"(D)
"(2)
"(3)
"(A) to better support business retention and expansion in eligible counties;
"(B) to create programs to encourage job creation and workforce development in eligible counties;
"(C) to prepare economic and infrastructure plans for eligible counties;
"(D) to expand access to high-speed broadband in eligible counties;
"(E) to provide technical assistance that results in Commission investments in transportation, water, wastewater, and other critical infrastructure;
"(F) to create initiatives to increase the effectiveness of local development districts in eligible counties; and
"(G) to implement new or innovative economic development practices that will better position the eligible counties of Commission States to compete in the global economy.
"(4)
"(A)
"(B)
"(i) the purchase of furniture, fixtures, or equipment;
"(ii) the compensation of—
"(I) any State member of the Commission (as described in section 15301(b)(1)(B) of title 40, United States Code); or
"(II) any State alternate member of the Commission (as described in section 15301(b)(2)(B) of title 40, United States Code); or
"(iii) the cost of supplanting existing State programs.
"(5)
"(A)
"(B)
"(6)
"(A)
"(i) the amount paid by the Commission State (including any amounts paid on behalf of the Commission State by a nonprofit organization) for administrative expenses for the applicable fiscal year (as determined under section 15304(c) of title 40, United States Code); bears to
"(ii) the amount paid by all Commission States (including any amounts paid on behalf of a Commission State by a nonprofit organization) for administrative expenses for that fiscal year (as determined under that section).
"(B)
"(C)
"(7)
"(8)
"(9)
"(A)
"(B)
§15502. Comprehensive economic and infrastructure development plans
(a)
(b)
(c)
(1) consult with local development districts, local units of government, and local colleges and universities; and
(2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1).
(d)
(1)
(2)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1476, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2238.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15503. Approval of applications for assistance
(a)
(b)
(1) describes ways in which the project complies with any applicable State economic and infrastructure development plan;
(2) meets applicable criteria under section 15504;
(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)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1476, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2238.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15504. Program development criteria
In considering programs and projects to be provided assistance by a Commission under this subtitle, and in establishing a priority ranking of the requests for assistance provided to the Commission, the Commission shall follow procedures that ensure, to the maximum extent practicable, consideration of—
(1) the relationship of the project or class of projects to overall regional development;
(2) the per capita income and poverty and unemployment and outmigration rates in an area;
(3) the financial resources available to the applicants for assistance seeking to carry out the project, with emphasis on ensuring that projects are adequately financed to maximize the probability of successful economic development;
(4) the importance of the project or class of projects in relation to the other projects or classes of projects that may be in competition for the same funds;
(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 development of the area to be served by the project; and
(6) the extent to which the project design provides for detailed outcome measurements by which grant expenditures and the results of the expenditures may be evaluated.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1476, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2238.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15505. Local development districts and organizations
(a)
(b)
(1)
(2)
(3)
(c)
(1) operate as a lead organization serving multicounty areas in the region at the local level;
(2) assist the Commission in carrying out outreach activities for local governments, community development groups, the business community, and the public;
(3) serve as a liaison between State and local governments, nonprofit organizations (including community-based groups and educational institutions), the business community, and citizens; and
(4) assist the individuals and entities described in paragraph (3) in identifying, assessing, and facilitating projects and programs to promote the economic development of the region.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1477, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2239.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15506. Supplements to Federal grant programs
(a)
(1) they lack the economic resources to provide the required matching share; or
(2) there are insufficient funds available under the applicable Federal law with respect to a project to be carried out in the region.
(b)
(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)
(d)
(e)
(f)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1477, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2239.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
CHAPTER 157—ADMINISTRATIVE PROVISIONS
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—DESIGNATION OF REGIONS
SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS
Editorial Notes
Amendments
2022—Pub. L. 117–328, div. O, title IV, §401(b)(2), Dec. 29, 2022, 136 Stat. 5228, which directed amendment of the analysis for subchapter II of this chapter by adding item 15734 at the end, was executed by adding item 15734 to the analysis for this chapter to reflect the probable intent of Congress.
2018—Pub. L. 115–334, title VI, §6304(g), Dec. 20, 2018, 132 Stat. 4752, renumbered chapter 4 of subtitle V of this title as chapter 157 of this title.
SUBCHAPTER I—GENERAL PROVISIONS
§15701. Consent of States
This subtitle does not require a State to engage in or accept a program under this subtitle without its consent.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1479, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2241.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15702. Distressed counties and areas
(a)
(1)
(2)
(3)
(4)
(b)
(c)
(1)
(2)
(A)
(B)
(i) a multicounty project that includes participation by an attainment county; and
(ii) any other type of project, if a Commission determines that the project could bring significant benefits to areas of the region outside an attainment county.
(3)
(A) by the most recent Federal data available; or
(B) if no recent Federal data are available, by the most recent data available through the government of the State in which the isolated area of distress is located.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1479, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2241.)
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008.
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15703. Counties eligible for assistance in more than one region
(a)
(b)
(c)
(d)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1480, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2242.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15704. Inspector General; records
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1480, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2242; amended Pub. L. 117–286, §4(b)(70), Dec. 27, 2022, 136 Stat. 4350.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2022—Subsec. (a). Pub. L. 117–286 substituted "section 403(a) of title 5." for "section 3(a) of the Inspector General Act of 1978 (5 U.S.C. App.)."
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15705. Biannual meetings of representatives of all Commissions
(a)
(b)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1480, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2242.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
SUBCHAPTER II—DESIGNATION OF REGIONS
§15731. Southeast Crescent Regional Commission
The region of the Southeast Crescent Regional Commission shall consist of all counties of the States of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, and Florida not already served by the Appalachian Regional Commission or the Delta Regional Authority.
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1481, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2243.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15732. Southwest Border Regional Commission
The region of the Southwest Border Regional Commission shall consist of the following political subdivisions:
(1)
(2)
(3)
(4)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1481, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2243.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
1 So in original. Probably should be followed by a comma.
§15733. Northern Border Regional Commission
The region of the Northern Border Regional Commission shall include the following counties:
(1)
(2)
(3)
(4)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1481, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2243; amended Pub. L. 115–334, title VI, §6304(d), Dec. 20, 2018, 132 Stat. 4752.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2018—Par. (2). Pub. L. 115–334, §6304(d)(1), inserted "Belknap," before "Carroll," and "Cheshire," before "Coos,".
Par. (3). Pub. L. 115–334, §6304(d)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: "The counties of Cayuga, Clinton, Essex, Franklin, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Oneida, Oswego, Seneca, and St. Lawrence in the State of New York."
Par. (4). Pub. L. 115–334, §6304(d)(3), inserted "Addison, Bennington," before "Caledonia,", "Chittenden," before "Essex,", and ", Rutland, Washington, Windham, and Windsor" before "in the State" and substituted "Orange," for "and".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
§15734. Great Lakes Authority
The region of the Great Lakes Authority shall consist of areas in the watershed of the Great Lakes and the Great Lakes System (as such terms are defined in section 118(a)(3) of the Federal Water Pollution Control Act (33 U.S.C. 1268(a)(3))), in each of the following States:
(1) Illinois.
(2) Indiana.
(3) Michigan.
(4) Minnesota.
(5) New York.
(6) Ohio.
(7) Pennsylvania.
(8) Wisconsin.
(Added Pub. L. 117–328, div. O, title IV, §401(b)(1), Dec. 29, 2022, 136 Stat. 5228.)
SUBCHAPTER III—AUTHORIZATION OF APPROPRIATIONS
§15751. Authorization of appropriations
(a)
(b)
(1)
(2)
(Added Pub. L. 110–234, title XIV, §14217(a)(2), May 22, 2008, 122 Stat. 1482, and Pub. L. 110–246, §4(a), title XIV, §14217(a)(2), June 18, 2008, 122 Stat. 1664, 2244; amended Pub. L. 113–79, title VI, §6207, Feb. 7, 2014, 128 Stat. 861; Pub. L. 115–334, title VI, §6304(e), Dec. 20, 2018, 132 Stat. 4752.)
Editorial Notes
Codification
Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246.
Amendments
2018—Subsec. (a). Pub. L. 115–334 substituted "$33,000,000 for each of fiscal years 2019 through 2023" for "$30,000,000 for each of fiscal years 2008 through 2018".
2014—Subsec. (a). Pub. L. 113–79, §6207(1), substituted "2018" for "2012".
Subsec. (b). Pub. L. 113–79, §6207(2), designated existing provisions as par. (1) and inserted heading, substituted "Except as provided in paragraph (2), not more than" for "Not more than", and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title.
SUBTITLE VI—MISCELLANEOUS
Editorial Notes
Amendments
2008—Pub. L. 110–234, title XIV, §14217(a)(1), May 22, 2008, 122 Stat. 1467, and Pub. L. 110–246, title XIV, §14217(a)(1), June 18, 2008, 122 Stat. 2229, made identical amendments, redesignating subtitle V of this title as subtitle VI. The amendment by Pub. L. 110–234 was repealed by Pub. L. 110–246, §4(a), June 18, 2008, 122 Stat. 1664.
CHAPTER 171—SAFETY STANDARDS FOR MOTOR VEHICLES
§17101. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1279.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17101 | 40:703. | Pub. L. 88–515, §3, Aug. 30, 1964, 78 Stat. 696. |
In clause (1), the words "the legislative, executive, and judicial branches of the Government of the United States" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1279.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17102 | 40:701. | Pub. L. 88–515, §1, Aug. 30, 1964, 78 Stat. 696. |
The words "manufactured on or after the effective date of this section" are omitted as executed.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1279.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17103 | 40:701 note. | Pub. L. 88–515, §§2, 4, Aug. 30, 1964, 78 Stat. 696. |
| 40:702. |
The first sentence of section 4 of the Act of August 30, 1964, and 40:702 (last sentence) are omitted as executed.
CHAPTER 173—GOVERNMENT LOSSES IN SHIPMENT
§17301. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(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)
(A)
(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)
(4)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1280.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17301(1) | 40:729(d). | July 8, 1937, ch. 444, §7, 50 Stat. 480; Aug. 10, 1939, ch. 665, §3, 53 Stat. 1359. |
| 17301(2) | 40:729(b). | |
| 17301(3) | 40:729(a). | |
| 17301(4) | 40:729(c). |
In this chapter, the words "wholly owned Government corporation" are substituted for "wholly owned corporation" for consistency in the revised title and with other titles of the United States Code.
In clause (3)(A)(i), the words "direct or indirect" are omitted as unnecessary.
In clause (4)(A), the words "or laws" are omitted because of 1:1. The words "directly or indirectly" are omitted as unnecessary.
In clause (4)(B), the word "duly" is omitted as unnecessary.
§17302. Compliance
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1280.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17302 | 40:721. | July 8, 1937, ch. 444, §1, 50 Stat. 479. |
In subsection (a), the words "As soon as practicable after July 8, 1937" are omitted as obsolete. The words "United States Postal Service" are substituted for "Postmaster General" in section 1 of the Government Losses in Shipment Act (ch. 444, 50 Stat. 479) because of section 4(a) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773).
In subsection (b), the words "After the effective date of such regulations, which shall be not more than thirty days after their issuance" are omitted as obsolete.
Executive Documents
Delegation of Functions
For power of Secretary of the Treasury and United States Postal Service to prescribe, without approval of President, regulations under section 721 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), see section 3(a) of Ex. Ord. No. 10289, Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President.
§17303. Fund for the payment of Government losses in shipment
(a)
(b)
(c)
(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)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17303(a) | 40:722 (3d sentence words before 2d comma). | July 8, 1937, ch. 444, §2, 50 Stat. 479. |
| 17303(b) | 40:722 (1st sentence words after 5th comma). | |
| 40:723 (2d sentence 2d proviso). | July 8, 1937, ch. 444, §3 (2d sentence 2d, last provisos, last sentence), 50 Stat. 480; Aug. 10, 1939, ch. 665, §1, 53 Stat. 1358; Pub. L. 91–375, §6(m)(4), Aug. 12, 1970, 84 Stat. 782. | |
| 17303(c) | 40:723 (2d sentence last proviso). | |
| 17303(d) | 40:723 (last sentence). | |
| 17303(e) | 40:722 (1st sentence words before 5th comma, 2d sentence, 3d sentence words after 2d comma, last sentence). | |
| 40:722a. | Pub. L. 103–329, title I (par. under heading "Payment of Government Losses in Shipment"), Sept. 30, 1994, 108 Stat. 2387. |
In subsection (a), the words "(hereinafter referred to as 'the fund')" are omitted as unnecessary.
In subsection (b), the text of 40:723 (2d sentence 2d proviso) is omitted as obsolete.
In subsection (e), the text of 40:722 (1st sentence words before 5th comma, 2d sentence, 3d sentence words after 2d comma, and last sentence) and the words "Beginning in fiscal year 1995 and thereafter" in 40:722a are omitted as obsolete. The words "for the fund" are substituted for "to make payments for the replacement of valuables, or the value thereof, lost, destroyed, or damaged in the course of shipments effected pursuant to section 721 of this title" for clarity and to eliminate unnecessary words.
§17304. Claim for replacement
(a)
(b)
(1)
(2)
(A) certify the decision to the Comptroller General who, on receiving the certification, shall make the credit in the settlement of accounts in the Government Accountability Office; and
(B) use the fund only to the extent that the replacement cannot be made by the credit.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1281; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17304(a), (b)(1) | 40:723 (1st sentence). | July 8, 1937, ch. 444, §3 (1st sentence, 2d sentence words before 2d proviso), 50 Stat. 479. |
| 17304(b)(2) | 40:723 (2d sentence 1st proviso). | |
| 17304(c) | 40:723 (2d sentence words before 1st proviso). |
In subsection (c), the words "Notwithstanding any provision of law to the contrary" are omitted as unnecessary.
Editorial Notes
Amendments
2004—Subsec. (b)(2)(A). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17305 | 40:724. | July 8, 1937, ch. 444, §3a, as added Aug. 10, 1939, ch. 665, §2, 53 Stat. 1358; Pub. L. 91–375, §6(m)(5), Aug. 12, 1970, 84 Stat. 783. |
The words "occurring heretofore or hereafter, but not prior to February 4, 1935" are omitted as obsolete. The words "United States Postal Service" are substituted for "Post Office Department or Postal Service" in section 3a of the Government Losses in Shipment Act (ch. 444), as added by section 2 of the Act of August 10, 1939 (ch. 665, 53 Stat. 1358), because of sections 4(a) and 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 773, 783). The words "Secretary of the Treasury" are substituted for "Treasury Department" because of 31:301(b).
§17306. Agreements of indemnity
(a)
(b)
(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)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17306(a) | 40:729(a) (last sentence). | July 8, 1937, ch. 444, §7(a) (last sentence), 50 Stat. 480; Aug. 10, 1939, ch. 665, §3, 53 Stat. 1359. |
| 17306(b) | 40:725 (1st sentence words before proviso). | July 8, 1937, ch. 444, §3b, as added Aug. 10, 1939, ch. 665, §2, 53 Stat. 1359. |
| 17306(c) | 40:725 (1st sentence proviso). | |
| 17306(d) | 40:725 (last sentence). |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1282.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17307 | 40:726. | July 8, 1937, ch. 444, §4, 50 Stat. 480. |
The words "On and after the effective date of the regulations prescribed under section 721 of this title" are omitted as obsolete. The words "the circumstances are such that" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17308 | 40:727. | July 8, 1937, ch. 444, §5, 50 Stat. 480. |
§17309. Rules and regulations
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17309(a) | 40:728 (words before 3d comma). | July 8, 1937, ch. 444, §6, 50 Stat. 480. |
| 17309(b) | 40:728 (words after 3d comma). |
Executive Documents
Delegation of Functions
For delegation to Secretary of the Treasury of authority vested in President by section 728 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), see section 2(a) of Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9409, set out as a note under section 301 of Title 3, The President.
CHAPTER 175—FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL
§17501. Definitions
In this chapter, the following definitions apply:
(1)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17501 | 40:913. | Pub. L. 99–272, title XV, §15313, Apr. 7, 1986, 100 Stat. 338. |
In this section, the text of 40:913(2)–(4) is omitted as unnecessary because the complete names of the Director of the Office of Management and Budget, the Administrator of General Services, and the Comptroller General of the United States are used the first time the terms appear in a section.
Before clause (1), the words "this chapter" were in the original "this title", meaning title XV (§§15101 to 15313) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99–272, 100 Stat. 330). In clause (2)(B), the words "this chapter" are substituted for "this part" as the probable intent of Congress because title XV of the Act does not contain part designations and the intention was probably to refer to title XV, which is restated as this chapter.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17502 | 40:901. | Pub. L. 99–272, title XV, §15301, Apr. 7, 1986, 100 Stat. 335. |
In this chapter, the words "executive agency" are substituted for "executive agency, including the Department of Defense" to eliminate unnecessary words.
§17503. Data collection
(a)
(b)
(1)
(2)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17503 | 40:902. | Pub. L. 99–272, title XV, §15302, Apr. 7, 1986, 100 Stat. 335. |
In subsection (a), the words "including vehicles owned or leased by the Federal Government and privately owned vehicles" are substituted for "Government-owned vehicles, leased vehicles, and privately owned vehicles" for clarity.
§17504. Agency statements with respect to motor vehicle use
(a)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1284; Pub. L. 109–284, §6(32), Sept. 27, 2006, 120 Stat. 1214.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17504 | 40:903. | Pub. L. 99–272, title XV, §15303, Apr. 7, 1986, 100 Stat. 336. |
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–284 substituted "With" for "with" in heading.
§17505. Presidential report
(a)
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17505 | 40:904. | Pub. L. 99–272, title XV, §15304, Apr. 7, 1986, 100 Stat. 336. |
The text of 40:904(b) is omitted as executed.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17506 | 40:907. | Pub. L. 99–272, title XV, §15307, Apr. 7, 1986, 100 Stat. 337. |
§17507. Savings
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17507 | 40:908. | Pub. L. 99–272, title XV, §15308, Apr. 7, 1986, 100 Stat. 337. |
Statutory Notes and Related Subsidiaries
Federal Vehicle Repair Cost Savings
Pub. L. 114–65, Oct. 7, 2015, 129 Stat. 551, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Vehicle Repair Cost Savings Act of 2015'.
"SEC. 2. FINDINGS.
"Congress finds that, in March 2013, the Government Accountability Office issued a report that confirmed that—
"(1) there are approximately 588,000 vehicles in the civilian Federal fleet;
"(2) Federal agencies spent approximately $975,000,000 on repair and maintenance of the Federal fleet in 2011;
"(3) remanufactured vehicle components, such as engines, starters, alternators, steering racks, and clutches, tend to be less expensive than comparable new replacement parts; and
"(4) the United States Postal Service and the Department of the Interior both informed the Government Accountability Office that the respective agencies rely on the use of remanufactured vehicle components to reduce costs.
"SEC. 3. DEFINITIONS.
"In this Act—
"(1) the term 'Federal agency' has the meaning given that term in section 102 of title 40, United States Code; and
"(2) the term 'remanufactured vehicle component' means a vehicle component (including an engine, transmission, alternator, starter, turbocharger, steering, or suspension component) that has been returned to same-as-new, or better, condition and performance by a standardized industrial process that incorporates technical specifications (including engineering, quality, and testing standards) to yield fully warranted products.
"SEC. 4. REQUIREMENT TO USE REMANUFACTURED VEHICLE COMPONENTS.
"The head of each Federal agency—
"(1) shall encourage the use of remanufactured vehicle components to maintain Federal vehicles, if using such components reduces the cost of maintaining the Federal vehicles while maintaining quality; and
"(2) shall not encourage the use of remanufactured vehicle components to maintain Federal vehicles, if using such components—
"(A) does not reduce the cost of maintaining Federal vehicles;
"(B) lowers the quality of vehicle performance, as determined by the employee of the Federal agency responsible for the repair decision; or
"(C) delays the return to service of a vehicle."
§17508. Compliance
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17508 | 40:909. | Pub. L. 99–272, title XV, §15309, Apr. 7, 1986, 100 Stat. 338. |
§17509. Applicability
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1285.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17509 | 40:910. | Pub. L. 99–272, title XV, §15310, Apr. 7, 1986, 100 Stat. 338. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17510 | 40:911. | Pub. L. 99–272, title XV, §15311, Apr. 7, 1986, 100 Stat. 338. |
CHAPTER 177—ALASKA COMMUNICATIONS DISPOSAL
§17701. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17701 | 40:771. | Pub. L. 90–135, title I, §101, Nov. 14, 1967, 81 Stat. 441. |
In clause (1), the word "including" is substituted for "including but not restricted to" to eliminate unnecessary words. The word "estate" is omitted as being included in "interest".
§17702. Transfer of Government-owned long-lines communication facilities in and to Alaska
(a)
(1)
(A)
(B)
(2)
(3)
(b)
(c)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17702(a)(1) | 40:781(1). | Pub. L. 90–135, title I, §201, Nov. 14, 1967, 81 Stat. 442. |
| 17702(a)(2) | 40:781(5). | |
| 17702(a)(3) | 40:781(2). | |
| 17702(b) | 40:781(4). | |
| 17702(c) | 40:781(6). | |
| 17702(d) | 40:781(3). |
In this chapter, the words "or his designee" are omitted because of 10:113.
In subsection (a)(1)(A), the words "and notwithstanding provisions of any other law" are omitted as unnecessary. The words "shall transfer" are substituted for "is authorized to and shall transfer" for clarity.
In subsection (c)(4), the words "the Federal Field Committee for Development Planning in Alaska" are omitted because the Committee has been terminated. See Executive Order No. 11608 (eff. July 19, 1971).
§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 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)).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17703 | 40:782. | Pub. L. 90–135, title I, §202, Nov. 14, 1967, 81 Stat. 443. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17704 | 40:783. | Pub. L. 90–135, title I, §203, Nov. 14, 1967, 81 Stat. 443. |
In clause (1), the word "rules" is omitted as being included in "regulations".
In clause (3), the words "unless and" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17705 | 40:784. | Pub. L. 90–135, title I, §204, Nov. 14, 1967, 81 Stat. 443. |
§17706. Gross proceeds as miscellaneous receipts in the Treasury
The gross proceeds of each transfer shall be deposited in the Treasury as miscellaneous receipts.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17706 | 40:785. | Pub. L. 90–135, title I, §205, Nov. 14, 1967, 81 Stat. 443. |
The words "Notwithstanding the provisions of any other law" are omitted as unnecessary.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17707 | 40:786. | Pub. L. 90–135, title I, §206, Nov. 14, 1967, 81 Stat. 443. |
§17708. Nonapplication
This chapter does not modify in any manner the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17708 | 40:791. | Pub. L. 90–135, title I, §301, Nov. 14, 1967, 81 Stat. 444. |
Editorial Notes
References in Text
The Communications Act of 1934, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§151 et seq.) of Title 47, Telecommunications. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables.
CHAPTER 179—ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP
§17901. Definitions
In this chapter, the following definitions apply:
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17901 | 40:795. | Pub. L. 96–571, §2, Dec. 22, 1980, 94 Stat. 3341. |
In clause (1), the definition of "agency" as referring to the head of any department, agency, or instrumentality of the United States Government is rewritten as a definition of "federal agency" to avoid confusion between the role of the "agency" and the "head of the agency". Throughout the chapter, the words "head of the federal agency" are used when the source provision is referring to action taken by an official as opposed to the concept of the agency as an institution.
In clause (3), the text of 40:795(1) and (4) is combined to eliminate a definition (40:795(1)) that is used only once.
§17902. Sale of electric energy
(a)
(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)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1289.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17902 | 40:795a. | Pub. L. 96–571, §3, Dec. 22, 1980, 94 Stat. 3341. |
In subsection (a), the words "to be sold" are added for clarity. In clause (4), the words "below the level of consumption that" are substituted for "below that consumption which" for clarity.
In subsection (b), before clause (1), the words "fuel and variable operation and maintenance costs of the facility generating the energy that are attributable to that sale" are substituted for "fuel costs and variable operation and maintenance costs of the Federal generating facility concerned which costs are attributable to such sale" for clarity.
§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—
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1289.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17903 | 40:795b. | Pub. L. 96–571, §4, Dec. 22, 1980, 94 Stat. 3342. |
In this section, before clause (1), the words "electric energy" are substituted for "electric power" for consistency in the revised section.
§17904. Implementation powers and limitations
(a)
(b)
(c)
(1) this chapter; and
(2) responsibilities of the head of the federal agency under other law.
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 17904 | 40:795c. | Pub. L. 96–571, §5, Dec. 22, 1980, 94 Stat. 3342. |
In subsection (a), the words "federal agency" are substituted for "department, agency, or instrumentality of the United States Government" because of the definition of "federal agency" in section 17901 of this title.
In subsection (d), the words "notwithstanding any other provision of law" are omitted as unnecessary.
CHAPTER 181—TELECOMMUNICATIONS ACCESSIBILITY FOR HEARING-IMPAIRED AND SPEECH-IMPAIRED INDIVIDUALS
§18101. Definitions
In this chapter—
(1)
(2) TTY.—The term "TTY" means a text-telephone used in the transmission of coded signals through the nationwide telecommunications system.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18101 | 40:762. | Pub. L. 100–542, §2, Oct. 28, 1988, 102 Stat. 2721. |
§18102. Federal telecommunications system
(a)
(b)
(c)
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1290.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18102(a) | 40:762a(a). | Pub. L. 100–542, §3, Oct. 28, 1988, 102 Stat. 2721. |
| 18102(b) | 40:762a(b)(1). | |
| 18102(c), (d) | 40:762a(b)(2)–(5), (c). | |
| 18102(e) | 40:762a(b)(6). |
In subsection (a), the words "prescribe regulations to ensure" are substituted for "by regulation, take such actions in accordance with this section as may be necessary to assure" to eliminate unnecessary words.
In subsection (c), the text of 40:762a(b)(2)–(4) and (c) is omitted as executed and obsolete. The words "In carrying out subsection (a) of this section" are omitted as unnecessary.
§18103. Research and development
(a)
(b)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18103 | 40:762b. | Pub. L. 100–542, §4, Oct. 28, 1988, 102 Stat. 2722. |
Subsection (b)(1) is substituted for "results of the analysis required by section 762a(b)(3) of this title" because 40:762a(b)(3), which is omitted as executed and obsolete (see the revision note for section 18102(b) of the revised title), provided for an analysis and report regarding modifications that the Administrator determined were necessary to achieve the objectives of 40:762a(a), which is restated in section 18102(a) of the revised title.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18104 | 40:762d. | Pub. L. 100–542, §6, Oct. 28, 1988, 102 Stat. 2722. |
The words "As soon as practicable" and "as the case may be" are omitted as unnecessary.
CHAPTER 183—NATIONAL CAPITAL AREA INTEREST ARBITRATION STANDARDS
§18301. Findings and purposes
(a)
(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 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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18301 | 40:1301. | Pub. L. 104–50, title IV, §402, Nov. 15, 1995, 109 Stat. 463. |
In subsection (a)(7), the reference is to section 8 of article I of the United States Constitution to correct an error in the source provision.
§18302. Definitions
In this chapter, the following definitions apply:
(1)
(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)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1292.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18302 | 40:1302(1), (2), (4), (5). | Pub. L. 104–50, title IV, §403(1), (2), (4), (5), Nov. 15, 1995, 109 Stat. 464. |
The text of 40:1302(4) and (5) is combined to eliminate unnecessary words.
§18303. Standards for arbitrators
(a)
(1) the financial ability of the individual jurisdictions participating in the compact to pay for the costs of providing public transit services; and
(2) the average per capita tax burden, during the term of the 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)
(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)
(d)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1292.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18303(a) | 40:1302(6). | Pub. L. 104–50, title IV, §§403(3), (6), 404, Nov. 15, 1995, 109 Stat. 464. |
| 18303(b)–(d) | 40:1302(3). | |
| 40:1303. |
The text of 40:1302(3) and 1303(b) is combined because 40:1303(b) is the only place the definition of "funding ability" is used in the revised chapter.
§18304. Procedures for enforcement of awards
(a)
(b)
(c)
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1294.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 18304 | 40:1304. | Pub. L. 104–50, title IV, §405, Nov. 15, 1995, 109 Stat. 465. |