I-SEARCH (tm) V1.89P Retrieved Documents Listing on 10/25/93 at 03:53:25. Database: USCODE Search: (40:CITE) ------DocID 43790 Document 1 of 816------ -CITE- 40 USC TITLE 40 -EXPCITE- TITLE 40 -HEAD- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS -MISC1- Chap. Sec. 1. Public Buildings, Grounds, Parks, and Wharves in District of Columbia 1 2. Capitol Building and Grounds 161 2A. National Archives (Transferred or Repealed) 231 3. Public Buildings and Works Generally 251 4. The Public Property 301 5. Hours of Labor and Safety on Public Works 321 6. Acquisition of Sites for and Construction of Public Buildings 341 7. Acquisition of Land in District of Columbia for Use of United States by Condemnation Proceedings (Repealed) 361 8. Emergency Public Works and Construction Projects 401 9. Non-Federal Public Works 451 10. Management and Disposal of Government Property 471 11. Real Property Transactions by Military Departments (Repealed) 551 12. Construction, Alteration, and Acquisition of Public Buildings 601 13. National Capital Transportation Program (Repealed or Omitted) 651 14. Safety Standards for Motor Vehicles 701 15. Government Losses in Shipment 721 16. General Services Administration 751 17. Alaska Communications Disposal 771 17A. Alaska Federal-Civilian Energy Efficiency Swap 795 18. National Visitor Center Facilities; Union Station Redevelopment; Capitol Guide Service 801 19. Capitol and White House-Pennsylvania Avenue Development 871 20. Federal Motor Vehicle Expenditure Control 901 21. National Capital Memorials and Commemorative Works 1001 22. Federal Triangle Development 1101 23. Judiciary Office Building Development 1201 ------DocID 43838 Document 2 of 816------ -CITE- 40 USC Sec. 38 to 40 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 38 to 40. Omitted -COD- CODIFICATION Section 38, act Mar. 4, 1913, ch. 142, 37 Stat. 771, related to temporary rental of a building for Navy Department. Section 39, act May 10, 1916, ch. 117, 39 Stat. 109, related to temporary rental of a building for Department of Justice. Section 40, act May 10, 1916, ch. 117, 39 Stat. 118, related to temporary rental of a building for Department of Labor. ------DocID 10272 Document 3 of 816------ -CITE- 7 USC CHAPTER 40 -EXPCITE- TITLE 7 CHAPTER 40 -HEAD- CHAPTER 40 - HALOGETON GLOMERATUS CONTROL -MISC1- Sec. 1651. Government policy for control of Halogeton glomeratus. 1652. Authority of Secretaries of Agriculture and Interior; surveys; control measures; consent of other departments. 1653. Expenditure of funds; discretion of Secretaries; utilization of available services. 1654. Contributions by States. 1655. Authorization of appropriations; use. 1656. Extent of authority. ------DocID 12088 Document 4 of 816------ -CITE- 10 USC CHAPTER 40 -EXPCITE- TITLE 10 Subtitle A PART II CHAPTER 40 -HEAD- CHAPTER 40 - LEAVE -MISC1- Sec. 701. Entitlement and accumulation. 702. Cadets and midshipmen. 703. Reenlistment leave. 704. Use of leave; regulations. 705. Rest and recuperative absence for qualified enlisted members extending duty at designated locations overseas. 706. Administration of leave required to be taken pending review of certain court-martial convictions. 707. Payment upon disapproval of certain court-martial sentences for excess leave required to be taken. 708. Educational leave of absence. AMENDMENTS 1984 - Pub. L. 98-525, title VII, Sec. 707(a)(2), Oct. 19, 1984, 98 Stat. 2572, added item 708. 1981 - Pub. L. 97-81, Sec. 2(b)(2), Nov. 20, 1981, 95 Stat. 1087, added items 706 and 707. 1980 - Pub. L. 96-579, Sec. 5(b)(2), Dec. 23, 1980, 94 Stat. 3367, added item 705. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 33 section 857a. ------DocID 14631 Document 5 of 816------ -CITE- 10 USC APPENDIX - RULES OF COURT OF MILITARY APPEALS Rule 40 -EXPCITE- TITLE 10 APPENDIX UNITED STATES COURT OF MILITARY APPEALS HEARINGS -HEAD- Rule 40. Hearings -STATUTE- (a) Motions, petitions for grant of review, petitions for extraordinary relief, writ appeal petitions, petitions for new trial, and petitions for reconsideration. Except when ordered by the Court, hearings will not be permitted on motions, petitions for grant of review, petitions for extraordinary relief, writ appeal petitions, petitions for new trial, or petitions for reconsideration. (b) When and how heard. After the case is calendared as provided in Rule 11 and all required briefs have been filed, a hearing may be ordered by the Court. (1) Notice of hearing. The Clerk will give at least 20 days notice in writing to counsel for the parties of the time and place for the hearing, unless ordered otherwise by the Court. Upon receipt of such notice, counsel will notify the Clerk's office of the identity of the counsel who will present oral argument. (2) Presentation. Unless directed otherwise by the Clerk, counsel for the appellant or petitioner will open and close the argument. When the subject of a hearing is a motion, counsel for the moving party will be entitled to open and close. When both parties seek review in this Court, the accused shall be deemed the appellant for the purpose of this rule. Argument by counsel for an amicus curiae will be allowed on motion filed under Rule 30. (3) Time allowed. Each side will normally be allotted 30 minutes to present oral argument. ------DocID 15208 Document 6 of 816------ -CITE- 12 USC Sec. 40 -EXPCITE- TITLE 12 CHAPTER 2 SUBCHAPTER I -HEAD- Sec. 40. Virgin Islands; extension of National Bank Act -STATUTE- The National Bank Act, as amended (12 U.S.C. 21 et seq.), and all other Acts of Congress relating to national banks, shall, insofar as not locally inapplicable after July 19, 1932, apply to the Virgin Islands of the United States. -SOURCE- (July 19, 1932, ch. 508, 47 Stat. 703.) -REFTEXT- REFERENCES IN TEXT The National Bank Act, referred to in text, is act June 3, 1864, ch. 106, 13 Stat. 99, as amended, which is classified principally to chapter 2 (Sec. 21 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 38 of this title. ------DocID 16893 Document 7 of 816------ -CITE- 12 USC CHAPTER 40 -EXPCITE- TITLE 12 CHAPTER 40 -HEAD- CHAPTER 40 - INTERNATIONAL LENDING SUPERVISION -MISC1- Sec. 3901. Congressional declaration of policy. 3902. Definitions. 3903. Strengthened supervision of international lending. 3904. Reserves. (a) Establishment and maintenance of special reserves. (b) Accommodation of potential losses on foreign loans by United States banks. (c) Regulations and orders of Federal banking agencies. 3904a. Additional reserve requirements. (a) In general. (b) Determination of institutional exposure to risk. (c) Timing and report. (d) 'Highly indebted country' defined. 3905. Accounting for fees on international loans. 3906. Collection and disclosure of international lending data. (a) Submission of information to Federal banking agencies. (b) Disclosure of information to the public. (c) Regulations and orders of Federal banking agencies. 3907. Capital adequacy. 3908. Foreign loan evaluations. (a) Projects requiring an economic feasibility evaluation; content of evaluation. (b) Review of evaluation by Federal banking agencies. (c) Other statutory authorities applicable. 3909. General authorities. (a) Rules and regulations. (b) Systems uniformity. (c) Existing authorities. (d) Civil penalties; assessment and collection. 3910. Audit authority of General Accounting Office. (a) Scope of audit. (b) Limits on disclosure. (c) Records, property, workpapers, correspondence, and documents; accessability. 3911. Equal representation for Federal Deposit Insurance Corporation. 3912. Reports. ------DocID 17782 Document 8 of 816------ -CITE- 15 USC Sec. 80a-40 -EXPCITE- TITLE 15 CHAPTER 2D SUBCHAPTER I -HEAD- Sec. 80a-40. Hearings by Commission -STATUTE- Hearings may be public and may be held before the Commission, any member or members thereof, or any officer or officers of the Commission designated by it, and appropriate records thereof shall be kept. -SOURCE- (Aug. 22, 1940, ch. 686, title I, Sec. 41, 54 Stat. 842.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3175, 64 Stat. 1265, set out under section 78d of this title. -CROSS- CROSS REFERENCES Hearings by Commission under - Investment Advisers Act of 1940, see section 80b-12 of this title. Public Utility Holding Company Act of 1935, see section 79s of this title. Securities Act of 1933, see section 77u of this title. Securities Exchange Act of 1934, see section 78v of this title. Trust Indenture Act of 1939, see section 77ttt of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 80a-6, 80a-58 of this title. ------DocID 18601 Document 9 of 816------ -CITE- 15 USC CHAPTER 40 -EXPCITE- TITLE 15 CHAPTER 40 -HEAD- CHAPTER 40 - DEPARTMENT OF COMMERCE -MISC1- Sec. 1501. Establishment of Department; Secretary; seal. 1502, 1503. Omitted. 1503a. Under Secretary of Commerce for Economic Affairs. 1503b. Under Secretary of Commerce for Oceans and Atmosphere; duties; appointment; compensation. 1504. Repealed. 1505. Additional Assistant Secretary; duties, rank of Assistant Secretaries. 1506. Additional Assistant Secretary; appointment; applicability of section 1505. 1507. Additional Assistant Secretary; appointment; compensation; duties. 1507a. Repealed. 1507b. Assistant Secretary of Commerce; appointment; compensation; duties. 1507c. Assistant Secretary of Commerce for Oceans and Atmosphere; duties; appointment; compensation. 1508. General Counsel. 1509. Designation of officer to sign routine papers. 1510. Clerical assistants. 1511. Bureaus in Department. 1511a. Repealed. 1511b. United States fishery trade officers. (a) Appointment. (b) Assignment. (c) Functions of fishery trade officers. (d) Administration. 1511c. Estuarine Programs Office. (a) Establishment. (b) Functions. (c) Authorization. 1512. Powers and duties of Department. 1513. Duties and powers vested in Department. 1514. Basic authority for performance of certain functions and activities of Department. 1515. Records, etc., of bureaus transferred to Department of Commerce. 1516. Statistical information. 1516a. Statistics relating to social, health, and economic conditions of Americans of Spanish origin or descent. 1517. Transfer of statistical or scientific work. 1518. Custody of buildings; officers transferred. 1519. Annual and special reports. 1519a, 1520. Repealed. 1521. Working capital fund; establishment; amount; uses; reimbursement. 1522. Acceptance of gifts and bequests for purposes of the Department; separate fund; disbursements. 1523. Tax status of gifts and bequests of property. 1524. Investment and reinvestments of moneys; credit and disbursement of interest. 1525. Special studies; special compilations, lists, bulletins, or reports; clearinghouse for technical information; transcripts or copies; cost payments for special work; joint projects: cost apportionment, waiver. 1526. Receipts for work or services; deposit in special accounts; availability for payment of costs, repayment or advances to appropriations or funds, refunds, credits to working capital funds; appropriation limitation of annual expenditures from accounts. 1527. Fees or charges for services or publications under existing law unaffected. 1528. Transferred. 1529. Relinquishment of legislative jurisdiction over certain lands. 1530. Awarding of contracts for performance of commercial activity by National Oceanic and Atmospheric Administration. 1531. Buying Power Maintenance accounts for International Trade Administration, Export Administration, and United States Travel and Tourism Administration. 1532. Telecommunications; electromagnetic radiation; research, analysis, dissemination of information; other functions of Secretary. 1533. Commerce, Science, and Technology Fellowship Program. 1534. Assessment of fees for access to environmental data. (a) Basis of assessment. (b) Eligible recipients; waiver of fees in cases of foreign governments and international organizations. (c) Publication of fee schedules in Federal Register; initial schedule effective for three-year period. (d) Effective date of assessments; progressive increments. (e) Data archive center operations; availability of fees for expenses of centers. (f) Report to Congressional committees. (g) Other assessment authorities unaffected. 1535. Office of Space Commerce; report of activities. ------DocID 19666 Document 10 of 816------ -CITE- 16 USC Sec. 40 -EXPCITE- TITLE 16 CHAPTER 1 SUBCHAPTER V -HEAD- Sec. 40. Additions to park; entry under other acts -STATUTE- The President of the United States is authorized, in his discretion, to add by Executive proclamation to Yellowstone National Park any or all of the lands within a certain territory or tract in township 9 south, ranges 7 and 8 east, Montana principal meridian, to wit: Beginning at a point on the north line of said Yellowstone National Park where said line crosses the divide between Reese Creek and Mol Heron Creek, thence northeasterly along said divide to the junction of said divide with the branch divide north and west of Reese Creek; thence along said branch divide in a northeasterly and easterly direction around the drainage of Reese Creek, to the Yellowstone River; thence southerly and southeasterly along the west bank of the Yellowstone River to the line marking the western limits of the town of Gardiner, Montana; thence south on said town limits line to the northern boundary of Yellowstone National Park; thence west along the north boundary of Yellowstone National Park to the point of beginning, which are unappropriated lands of the United States or which may be acquired by the United States under the provisions of sections 37 to 40 of this title, within the territory described in this section, subject, however, to all valid existing claims and to reservations such as are authorized by section 39 of this title; but, with the exception of valid existing claims, no land so added to Yellowstone National Park shall be subject to entry under the mining laws of the United States: Provided, That the Secretary of the Interior for such lands as are added to Yellowstone National Park may provide by rules and regulations for the management and use of the added lands as may in his discretion be necessary to accomplish the purposes of sections 37 to 40 of this title: And provided further, That the lands of the United States acquired by donation or purchase within the area described in section 37 of this title shall not be subject to location and entry under the mining laws of the United States nor the Act of June 11, 1906, authorizing homestead entries in national forests. -SOURCE- (May 26, 1926, ch. 399, Sec. 6, 44 Stat. 656.) -REFTEXT- REFERENCES IN TEXT The mining laws of the United States, referred to in text, are classified generally to Title 30, Mineral Lands and Mining. Act of June 11, 1906, referred to in text, means act June 11, 1906, ch. 3074, 34 Stat. 233, which was classified to sections 506 to 508 and 509 of this title, and was repealed by Pub. L. 87-869, Sec. 4, Oct. 23, 1962, 76 Stat. 1157. -CROSS- CROSS REFERENCES Change of boundaries of park, see section 21a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 37, 39 of this title. ------DocID 23134 Document 11 of 816------ -CITE- 16 USC CHAPTER 40 -EXPCITE- TITLE 16 CHAPTER 40 -HEAD- CHAPTER 40 - SOIL AND WATER RESOURCES CONSERVATION -MISC1- Sec. 2001. Congressional findings. 2002. Definitions. 2003. Congressional policy and declaration of purpose. (a) Responsiveness to long-term needs. (b) Full utilization of cooperative arrangements with State agencies. (c) Attainment of policies and purposes. 2004. Continuing appraisal of soil, water, and related resources. (a) Data. (b) Collection of data. (c) Public participation. (d) Completion dates. 2005. Soil and water conservation program. (a) Program development. (b) Completion dates. 2005a. Technical assistance for water resources. (a) Authority of Secretary of Agriculture. (b) Report to Congress. 2006. Reports to Congress. (a) Appraisal, program, and detailed statement of policy when Congress convenes. (b) Annual report accompanying budget covering program effectiveness. 2007. Authorization of appropriations. 2008. Utilization of available information and data. 2009. Termination of program. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 582a, 3432 of this title. ------DocID 24073 Document 12 of 816------ -CITE- 18 USC CHAPTER 40 -EXPCITE- TITLE 18 PART I CHAPTER 40 -HEAD- CHAPTER 40 - IMPORTATION, MANUFACTURE, DISTRIBUTION AND STORAGE OF EXPLOSIVE MATERIALS -MISC1- Sec. 841. Definitions. 842. Unlawful acts. 843. Licenses and user permits. 844. Penalties. 845. Exceptions; relief from disabilities. 846. Additional powers of the Secretary. 847. Rules and regulations. 848. Effect on State law. AMENDMENTS 1990 - Pub. L. 101-647, title XXXV, Sec. 3520, Nov. 29, 1990, 104 Stat. 4923, substituted 'Licenses' for 'Licensing' in item 843. 1970 - Pub. L. 91-452, title XI, Sec. 1102(a), Oct. 15, 1970, 84 Stat. 952, added chapter 40 and items 841 to 848. ------DocID 25130 Document 13 of 816------ -CITE- 18 USC Rule 40 -EXPCITE- TITLE 18 RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS IX -HEAD- Rule 40. Commitment to Another District -STATUTE- (a) Appearance Before Federal Magistrate. If a person is arrested in a district other than that in which the offense is alleged to have been committed, that person shall be taken without unnecessary delay before the nearest available federal magistrate. Preliminary proceedings concerning the defendant shall be conducted in accordance with Rules 5 and 5.1, except that if no preliminary examination is held because an indictment has been returned or an information filed or because the defendant elects to have the preliminary examination conducted in the district in which the prosecution is pending, the person shall be held to answer upon a finding that such person is the person named in the indictment, information or warrant. If held to answer, the defendant shall be held to answer in the district court in which the prosecution is pending, provided that a warrant is issued in that district if the arrest was made without a warrant, upon production of the warrant or a certified copy thereof. (b) Statement by Federal Magistrate. In addition to the statements required by Rule 5, the federal magistrate shall inform the defendant of the provisions of Rule 20. (c) Papers. If a defendant is held or discharged, the papers in the proceeding and any bail taken shall be transmitted to the clerk of the district court in which the prosecution is pending. (d) Arrest of Probationer or Supervised Releasee. If a person is arrested for a violation of probation or supervised release in a district other than the district having jurisdiction, such person shall be taken without unnecessary delay before the nearest available federal magistrate. The federal magistrate shall: (1) Proceed under Rule 32.1 if jurisdiction over the person is transferred to that district; (2) Hold a prompt preliminary hearing if the alleged violation occurred in that district, and either (i) hold the person to answer in the district court of the district having jurisdiction or (ii) dismiss the proceedings and so notify that court; or (3) Otherwise order the person held to answer in the district court of the district having jurisdiction upon production of certified copies of the judgment, the warrant, and the application for the warrant, and upon a finding that the person before the magistrate is the person named in the warrant. (e) Arrest for Failure To Appear. If a person is arrested on a warrant in a district other than that in which the warrant was issued, and the warrant was issued because of the failure of the person named therein to appear as required pursuant to a subpoena or the terms of that person's release, the person arrested shall be taken without unnecessary delay before the nearest available federal magistrate. Upon production of the warrant or a certified copy thereof and upon a finding that the person before the magistrate is the person named in the warrant, the federal magistrate shall hold the person to answer in the district in which the warrant was issued. (f) Release or Detention. If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United States Code, in another district where a warrant, information, or indictment issued, the federal magistrate shall take into account the decision previously made and the reasons set forth therefor, if any, but will not be bound by that decision. If the federal magistrate amends the release or detention decision or alters the conditions of release, the magistrate shall set forth the reasons therefore (FOOTNOTE 1) in writing. (FOOTNOTE 1) So in original. Probably should be 'therefor'. -SOURCE- (As amended Feb. 28, 1966, eff. July 1, 1966; Apr. 24, 1972, eff. Oct. 1, 1972; Apr. 30, 1979, eff. Aug. 1, 1979; July 31, 1979, Pub. L. 96-42, Sec. 1(2), 93 Stat. 326; Apr. 28, 1982, eff. Aug. 1, 1982; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 209(c), 215(d), 98 Stat. 1986, 2016; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 25, 1989, eff. Dec. 1, 1989.) -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES 1. This rule modifies and revamps existing procedure. The present practice has developed as a result of a series of judicial decisions, the only statute dealing with the subject being exceedingly general, 18 U.S.C. 591 (now 3041) (Arrest and removal for trial): For any crime or offense against the United States, the offender may, by any justice or judge of the United States, or by any United States commissioner, or by any chancellor, judge of a supreme or superior court, chief or first judge of common pleas, mayor of a city, justice of the peace, or other magistrate, of any State where he may be found, and agreeably to the usual mode of process against offenders in such State, and at the expense of the United States, be arrested and imprisoned, or bailed, as the case may be, for trial before such court of the United States as by law has cognizance of the offense. * * * Where any offender or witness is committed in any district other than that where the offense is to be tried, it shall be the duty of the judge of the district where such offender or witness is imprisoned, seasonably to issue, and of the marshal to execute, a warrant for his removal to the district where the trial is to be had. The scope of a removal hearing, the issues to be considered, and other similar matters are governed by judicial decisions, Beavers v. Henkel, 194 U.S. 73; Tinsley v. Treat, 205 U.S. 20; Henry v. Henkel, 235 U.S. 219; Rodman v. Pothier, 264 U.S. 399; Morse v. United States, 267 U.S. 80; Fetters v. United States ex rel. Cunningham, 283 U.S. 638; United States ex rel. Kassin v. Mulligan, 295 U.S. 396; see, also, 9 Edmunds, Cyclopedia of Federal Procedure 39053, et seq. 2. The purpose of removal proceedings is to accord safeguards to a defendant against an improvident removal to a distant point for trial. On the other hand, experience has shown that removal proceedings have at times been used by defendants for dilatory purposes and in attempting to frustrate prosecution by preventing or postponing transportation even as between adjoining districts and between places a few miles apart. The object of the rule is adequately to meet each of these two situations. 3. For the purposes of removal, all cases in which the accused is apprehended in a district other than that in which the prosecution is pending have been divided into two groups: first, those in which the place of arrest is either in another district of the same State, or if in another State, then less than 100 miles from the place where the prosecution is pending; and second, cases in which the arrest occurs in a State other than that in which the prosecution is pending and the place of arrest is 100 miles or more distant from the latter place. In the first group of cases, removal proceedings are abolished. The defendant's right to the usual preliminary hearing is, of course, preserved, but the committing magistrate, if he holds defendant would bind him over to the district court in which the prosecution is pending. As ordinarily there are no removal proceedings in State prosecutions as between different parts of the same State, but the accused is transported by virtue of the process under which he was arrested, it seems reasonable that no removal proceedings should be required in the Federal courts as between districts in the same State. The provision as to arrest in another State but at a place less than 100 miles from the place where the prosecution is pending was added in order to preclude obstruction against bringing the defendant a short distance for trial. In the second group of cases mentioned in the first paragraph, removal proceedings are continued. The practice to be followed in removal hearings will depend on whether the demand for removal is based upon an indictment or upon an information or complaint. In the latter case, proof of identity and proof of reasonable cause to believe the defendant guilty will have to be adduced in order to justify the issuance of a warrant of removal. In the former case, proof of identity coupled with a certified copy of the indictment will be sufficient, as the indictment will be conclusive proof of probable cause. The distinction is based on the fact that in case of an indictment, the grand jury, which is an arm of the court, has already found probable cause. Since the action of the grand jury is not subject to review by a district judge in the district in which the grand jury sits, it seems illogical to permit such review collaterally in a removal proceeding by a judge in another district. 4. For discussions of this rule see, Homer Cummings, 29 A.B.A.Jour. 654, 656; Holtzoff, 3 F.R.D. 445, 450-452; Holtzoff, 12 George Washington L.R. 119, 127-130; Holtzoff, The Federal Bar Journal, October 1944, 18-37; Berge, 42 Mich.L.R. 353, 374; Medalie, 4 Lawyers Guild R. (3)1, 4. Note to Subdivision (b). The rule provides that all removal hearings shall take place before a United States commissioner or a Federal judge. It does not confer such jurisdiction on State or local magistrates. While theoretically under existing law State and local magistrates have authority to conduct removal hearings, nevertheless as a matter of universal practice, such proceedings are always conducted before a United States commissioner or a Federal judge, 9 Edmunds, Cyclopedia of Federal Procedure 3919. NOTES OF ADVISORY COMMITTEE ON RULES - 1966 AMENDMENT The amendment conforms to the change made in the corresponding procedure in Rule 5(b). NOTES OF ADVISORY COMMITTEE ON RULES - 1972 AMENDMENT Subdivision (a) is amended to make clear that the person shall be taken before the federal magistrate 'without unnecessary delay.' Although the former rule was silent in this regard, it probably would have been interpreted to require prompt appearance, and there is therefore advantage in making this explicit in the rule itself. See C. Wright, Federal Practice and Procedure: Criminal Sec. 652 (1969, Supp. 1971). Subdivision (a) is amended to also make clear that the person is to be brought before a 'federal magistrate' rather than a state or local magistrate authorized by 18 U.S.C. Sec. 3041. The former rules were inconsistent in this regard. Although rule 40(a) provided that the person may be brought before a state or local officer authorized by former rule 5(a), such state or local officer lacks authority to conduct a preliminary examination under rule 5(c), and a principal purpose of the appearance is to hold a preliminary examination where no prior indictment or information has issued. The Federal Magistrates Act should make it possible to bring a person before a federal magistrate. See C. Wright, Federal Practice and Procedure: Criminal Sec. 653, especially n.35 (1969, Supp. 1971). Subdivision (b)(2) is amended to provide that the federal magistrate should inform the defendant of the fact that he may avail himself of the provisions of rule 20 if applicable in the particular case. However, the failure to so notify the defendant should not invalidate the removal procedure. Although the old rule is silent in this respect, it is current practice to so notify the defendant, and it seems desirable, therefore, to make this explicit in the rule itself. The requirement that an order of removal under subdivision (b)(3) can be made only by a judge of the United States and cannot be made by a United States magistrate is retained. However, subdivision (b)(5) authorizes issuance of the warrant of removal by a United States magistrate if he is authorized to do so by a rule of district court adopted in accordance with 28 U.S.C. Sec. 636(b): Any district court * * * by the concurrence of a majority of all the judges * * * may establish rules pursuant to which any full-time United States magistrate * * * may be assigned * * * such additional duties as are not inconsistent with the Constitution and laws of the United States. Although former rule 40(b)(3) required that the warrant of removal be issued by a judge of the United States, there appears no constitutional or statutory prohibition against conferring this authority upon a United States magistrate in accordance with 28 U.S.C. Sec. 636(b). The background history is dealt with in detail in 8A J. Moore, Federal Practice 40.01 and 40.02 (2d ed. Cipes 1970, Supp. 1971). Subdivision (b)(4) makes explicit reference to provisions of the Bail Reform Act of 1966 by incorporating a cross-reference to 18 U.S.C. Sec. 3146 and Sec. 3148. NOTES OF ADVISORY COMMITTEE ON RULES - 1979 AMENDMENT This substantial revision of rule 40 abolishes the present distinction between arrest in a nearby district and arrest in a distant district, clarifies the authority of the magistrate with respect to the setting of bail where bail had previously been fixed in the other district, adds a provision dealing with arrest of a probationer in a district other than the district of supervision, and adds a provision dealing with arrest of a defendant or witness for failure to appear in another district. Note to Subdivision (a). Under subdivision (a) of the present rule, if a person is arrested in a nearby district (another district in the same state, or a place less than 100 miles away), the usual rule 5 and 5.1 preliminary proceedings are conducted. But under subdivision (b) of the present rule, if a person is arrested in a distant district, then a hearing leading to a warrant of removal is held. New subdivision (a) would make no distinction between these two situations and would provide for rule 5 and 5.1 proceedings in all instances in which the arrest occurs outside the district where the warrant issues or where the offense is alleged to have been committed. This abolition of the distinction between arrest in a nearby district and arrest in a distant district rests upon the conclusion that the procedures prescribed in rules 5 and 5.1 are adequate to protect the rights of an arrestee wherever he might be arrested. If the arrest is without a warrant, it is necessary under rule 5 that a complaint be filed forthwith complying with the requirements of rule 4(a) with respect to the showing of probable cause. If the arrest is with a warrant, that warrant will have been issued upon the basis of an indictment or of a complaint or information showing probable cause, pursuant to rules 4(a) and 9(a). Under rule 5.1 dealing with the preliminary examination, the defendant is to be held to answer only upon a showing of probable cause that an offense has been committed and that the defendant committed it. Under subdivision (a), there are two situations in which no preliminary examination will be held. One is where 'an indictment has been returned or an information filed,' which pursuant to rule 5(c) obviates the need for a preliminary examination. The order is where 'the defendant elects to have the preliminary examination conducted in the district in which the prosecution is pending.' A defendant might wish to elect that alternative when, for example, the law in that district is that the complainant and other material witnesses may be required to appear at the preliminary examination and give testimony. See Washington v. Clemmer, 339 F.2d 715 (D.C. Cir. 1964). New subdivision (a) continues the present requirement that if the arrest was without a warrant a warrant must thereafter issue in the district in which the offense is alleged to have been committed. This will ensure that in the district of anticipated prosecution there will have been a probable cause determination by a magistrate or grand jury. Note to Subdivision (b). New subdivision (b) follows existing subdivision (b)(2) in requiring the magistrate to inform the defendant of the provisions of rule 20 applicable in the particular case. Failure to so notify the defendant should not invalidate the proceedings. Note to Subdivision (c). New subdivision (c) follows existing subdivision (b)(4) as to transmittal of papers. Note to Subdivision (d). New subdivision (d) has no counterpart in the present rule. It provides a procedure for dealing with the situation in which a probationer is arrested in a district other than the district of supervision, consistent with 18 U.S.C. Sec. 3653, which provides in part: If the probationer shall be arrested in any district other than that in which he was last supervised, he shall be returned to the district in which the warrant was issued, unless jurisdiction over him is transferred as above provided to the district in which he is found, and in that case he shall be detained pending further proceedings in such district. One possibility, provided for in subdivision (d)(1), is that of transferring jurisdiction over the probationer to the district in which he was arrested. This is permissible under the aforementioned statute, which provides in part: Whenever during the period of his probation, a probationer heretofore or hereafter placed on probation, goes from the district in which he is being supervised to another district, jurisdiction over him may be transferred, in the discretion of the court, from the court for the district from which he goes to the court for the other district, with the concurrence of the latter court. Thereupon the court for the district to which jurisdiction is transferred shall have all power with respect to the probationer that was previously possessed by the court for the district from which the transfer is made, except that the period of probation shall not be changed without the consent of the sentencing court. This process under the same conditions may be repeated whenever during the period of this probation the probationer goes from the district in which he is being supervised to another district. Such transfer may be particularly appropriate when it is found that the probationer has now taken up residence in the district where he was arrested or where the alleged occurrence deemed to constitute a violation of probation took place in the district of arrest. In current practice, probationers arrested in a district other than that of their present supervision are sometimes unnecessarily returned to the district of their supervision, at considerable expense and loss of time, when the more appropriate course of action would have been transfer of probation jurisdiction. Subdivision (d)(2) and (3) deal with the situation in which there is not a transfer of probation jurisdiction to the district of arrest. If the alleged probation violation occurred in the district of arrest, then, under subdivision (d)(2), the preliminary hearing provided for in rule 32.1(a)(1) is to be held in that district. This is consistent with the reasoning in Morrissey v. Brewer, 408 U.S. 471 (1972), made applicable to probation cases in Gagnon v. Scarpelli, 411 U.S. 778 (1973), where the Court stressed that often a parolee 'is arrested at a place distant from the state institution, to which he may be returned before the final decision is made concerning revocation,' and cited this as a factor contributing to the conclusion that due process requires 'that some minimal inquiry be conducted at or reasonably near the place of the alleged parole violation or arrest and as promptly as convenient after arrest while information is fresh and sources are available.' As later noted in Gerstein v. Pugh, 420 U.S. 103 (1975): In Morrissey v. Brewer * * * and Gagnon v. Scarpelli * * * we held that a parolee or probationer arrested prior to revocation is entitled to an informal preliminary hearing at the place of arrest, with some provision for live testimony. * * * That preliminary hearing, more than the probable cause determination required by the Fourth Amendment, serves the purpose of gathering and preserving live testimony, since the final revocation hearing frequently is held at some distance from the place where the violation occurred. However, if the alleged violation did not occur in that district, then first-hand testimony concerning the violation is unlikely to be available there, and thus the reasoning of Morrissey and Gerstein does not call for holding the preliminary hearing in that district. In such a case, as provided in subdivision (d)(3), the probationer should be held to answer in the district court of the district having probation jurisdiction. The purpose of the proceeding there provided for is to ascertain the identity of the probationer and provide him with copies of the warrant and the application for the warrant. A probationer is subject to the reporting condition at all times and is also subject to the continuing power of the court to modify such conditions. He therefore stands subject to return back to the jurisdiction district without the necessity of conducting a hearing in the district of arrest to determine whether there is probable cause to revoke his probation. Note to Subdivision (e). New subdivision (e) has no counterpart in the present rule. It has been added because some confusion currently exists as to whether present rule 40(b) is applicable to the case in which a bench warrant has issued for the return of a defendant or witness who has absented himself and that person is apprehended in a distant district. In Bandy v. United States, 408 F.2d 518 (8th Cir. 1969), a defendant, who had been released upon his personal recognizance after conviction and while petitioning for certiorari and who failed to appear as required after certiorari was denied, objected to his later arrest in New York and removal to Leavenworth without compliance with the rule 40 procedures. The court concluded: The short answer to Bandy's first argument is found in Rush v. United States, 290 F.2d 709, 710 (5 Cir. 1961): 'The provisions of Rules 5 and 40, Federal Rules of Criminal Procedure, 18 U.S.C.A. may not be availed of by a prisoner in escape status * * *.' As noted by Holtzoff, 'Removal of Defendants in Federal Criminal Procedure', 4 F.R.D. 455, 458 (1946): 'Resort need not be had, however, to this (removal) procedure for the purpose of returning a prisoner who has been recaptured after an escape from custody. It has been pointed out that in such a case the court may summarily direct his return under its general power to issue writs not specifically provided for by statute, which may be necessary for the exercise of its jurisdiction and agreeable to the usages and principles of law. In fact, in such a situation no judicial process appears necessary. The prisoner may be retaken and administratively returned to the custody from which he escaped.' Bandy's arrest in New York was pursuant to a bench warrant issued by the United States District Court for the District of North Dakota on May 1, 1962, when Bandy failed to surrender himself to commence service of his sentence on the conviction for filing false income tax refunds. As a fugitive from justice, Bandy was not entitled upon apprehension to a removal hearing, and he was properly removed to the United States Penitentiary at Leavenworth, Kansas to commence service of sentence. Consistent with Bandy, new subdivision (e) does not afford such a person all of the protections provided for in subdivision (a). However, subdivision (e) does ensure that a determination of identity will be made before that person is held to answer in the district of arrest. Note to Subdivision (f). Although the matter of bail is dealt with in rule 46 and 18 U.S.C. Sec. 3146 and 3148, new subdivision (f) has been added to clarify the situation in which a defendant makes his initial appearance before the United States magistrate and there is a warrant issued by a judge of a different district who has endorsed the amount of bail on the warrant. The present ambiguity of the rule is creating practical administrative problems. If the United States magistrate concludes that a lower bail is appropriate, the judge who fixed the original bail on the warrant has, on occasion, expressed the view that this is inappropriate conduct by the magistrate. If the magistrate, in such circumstances, does not reduce the bail to the amount supported by all of the facts, there may be caused unnecessary inconvenience to the defendant, and there would arguably be a violation of at least the spirit of the Bail Reform Act and the Eighth Amendment. The Procedures Manual for United States Magistrates, issued under the authority of the Judicial Conference of the United States, provides in ch. 6, pp. 8-9: Where the arrest occurs in a 'distant' district, the rules do not expressly limit the discretion of the magistrate in the setting of conditions of release. However, whether or not the magistrate in the district of arrest has authority to set his own bail under Rule 40, considerations of propriety and comity would dictate that the magistrate should not attempt to set bail in a lower amount than that fixed by a judge in another district. If an unusual situation should arise where it appears from all the information available to the magistrate that the amount of bail endorsed on the warrant is excessive, he should consult with a judge of his own district or with the judge in the other district who fixed the bail in order to resolve any difficulties. (Where an amount of bail is merely recommended on the indictment by the United States attorney, the magistrate has complete discretion in setting conditions of release.) Rule 40 as amended would encourage the above practice and hopefully would eliminate the present confusion and misunderstanding. The last sentence of subdivision (f) requires that the magistrate set forth the reasons for his action in writing whenever he fixes bail in an amount different from that previously fixed. Setting forth the reasons for the amount of bail fixed, certainly a sound practice in all circumstances, is particularly appropriate when the bail differs from that previously fixed in another district. The requirement that reasons be set out will ensure that the 'considerations of propriety and comity' referred to above will be specifically taken into account. CONGRESSIONAL MODIFICATION OF PROPOSED 1979 AMENDMENT Section 1(2) of Pub. L. 96-42 provided in part that the amendment proposed by the Supreme Court (in its order of Apr. 30, 1979) affecting rule 40 of the Federal Rules of Criminal Procedure (this rule) would take effect on Aug. 1, 1979, as further amended by Congress. NOTES OF ADVISORY COMMITTEE ON RULES - 1982 AMENDMENT The amendment to 40(d) is intended to make it clear that the transfer provisions therein apply whenever the arrest occurs other than in the district of probation jurisdiction, and that if probable cause is found at a preliminary hearing held pursuant to Rule 40(d)(2) the probationer should be held to answer in the district having probation jurisdiction. On occasion, the district of probation supervision and the district of probation jurisdiction will not be the same. See, e.g., Cupp v. Byington, 179 F.Supp. 669 (S.D.Ind. 1960) (supervision in Southern District of Indiana, but jurisdiction never transferred from District of Nevada). In such circumstances, it is the district having jurisdiction which may revoke the defendant's probation. Cupp v. Byington, supra; 18 U.S.C. Sec. 3653 ('the court for the district having jurisdiction over him * * * may revoke the probation'; if probationer goes to another district, 'jurisdiction over him may be transferred,' and only then does 'the court for the district to which jurisdiction is transferred * * * have all the power with respect to the probationer that was previously possessed by the court for the district from which the transfer was made'). That being the case, that is the jurisdiction to which the probationer should be transferred as provided in Rule 40(d). Because Rule 32.1 has now taken effect, a cross-reference to those provisions has been made in subdivision (d)(1) so as to clarify how the magistrate is to proceed if jurisdiction is transferred. NOTES OF ADVISORY COMMITTEE ON RULES - 1987 AMENDMENT The amendments are technical. No substantive change is intended. NOTES OF ADVISORY COMMITTEE ON RULES - 1989 AMENDMENT The amendments recognize that convicted defendants may be on supervised release as well as on probation. See 18 U.S.C. Sec. 3583, and 3624(e). 1984 AMENDMENT Subd. (d)(1). Pub. L. 98-473, Sec. 215(d), substituted '3605' for '3653'. Subd. (f). Pub. L. 98-473, Sec. 209(c), substituted 'Release or Detention' for 'Bail' as the subdivision heading and, in text, substituted 'If a person was previously detained or conditionally released, pursuant to chapter 207 of title 18, United States Code,' for 'If bail was previously fixed', 'decision previously made' for 'amount of bail previously fixed', 'by that decision' for 'by the amount of bail previously fixed', and 'amends the release or detention decision or alters the conditions of release' for 'fixes bail different from that previously fixed'. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 215(d) of Pub. L. 98-473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98-473, set out as an Effective Date note under section 3551 of this title. -CROSS- CROSS REFERENCES Habeas corpus, no right of appeal from detention pending removal proceedings, see section 2253 of Title 28, Judiciary and Judicial Procedure. Warrant for removal of prisoner from one district to another, see section 3049 of this title. ------DocID 25176 Document 14 of 816------ -CITE- 19 USC Sec. 40 -EXPCITE- TITLE 19 CHAPTER 1 -HEAD- Sec. 40. Repealed. Aug. 2, 1956, ch. 887, Sec. 4(a)(15), 70 Stat. 947 -MISC1- Section, R.S. Sec. 2627, act June 17, 1930, ch. 497, title IV, Sec. 523, 46 Stat. 740, related to duties of surveyor of customs. Section 5a of this title abolished the offices of surveyor of customs at all ports except New York. ------DocID 26721 Document 15 of 816------ -CITE- 20 USC Sec. 1070d-40 -EXPCITE- TITLE 20 CHAPTER 28 SUBCHAPTER IV Part A subpart 6 -HEAD- Sec. 1070d-40. Construction of needs provisions -STATUTE- Nothing in this subpart, or any other Act, shall be construed to permit the receipt of a scholarship under this subpart to be counted for any needs test in connection with the awarding of any grant or the making of any loan under this chapter or any other provision of Federal law relating to educational assistance. -SOURCE- (Pub. L. 89-329, title IV, Sec. 419J, as added Pub. L. 99-498, title IV, Sec. 401(a), Oct. 17, 1986, 100 Stat. 1345.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning Pub. L. 89-329, as amended, known as the Higher Education Act of 1965. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of this title and Tables. -MISC2- PRIOR PROVISIONS A prior section 1070d-40, Pub. L. 89-329, title IV, Sec. 419J, as added Pub. L. 98-558, title VIII, Sec. 801(a), Oct. 30, 1984, 98 Stat. 2902, provided that receipt of scholarship under Robert C. Byrd Honors Scholarship Program not be counted for needs test for education grant or loan, prior to the general revision of this part by Pub. L. 99-498. ------DocID 27274 Document 16 of 816------ -CITE- 20 USC CHAPTER 40 -EXPCITE- TITLE 20 CHAPTER 40 -HEAD- CHAPTER 40 - CONSOLIDATION OF EDUCATION PROGRAMS ------DocID 28791 Document 17 of 816------ -CITE- 22 USC Sec. 31 to 40 -EXPCITE- TITLE 22 CHAPTER 1 -HEAD- Sec. 31 to 40. Repealed. Aug. 13, 1946, ch. 957, title XI, Sec. 1131(2), (3), (5), (6), (15), (19), (27), (28), (30), (31), (52), (55), (57), (58), 60 Stat. 1035 -MISC1- Section 31, act Mar. 2, 1909, ch. 235, 35 Stat. 672, related to restriction against creation of new ambassadorships. See section 901 of this title. Section 32, R.S. Sec. 1675; acts Mar. 3, 1875, ch. 153, 18 Stat. 483; Feb. 27, 1925, ch. 364, 43 Stat. 1015; Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to appointment and salaries of ambassadors, ministers, etc. See sections 861 et seq. and 900 et seq. of this title. Section 32a, act Jan. 21, 1931, ch. 42, 46 Stat. 1040, related to salary of minister to Liberia. See sections 866 and 867 of this title. Section 33, R.S. Sec. 1744, related to citizenship as prerequisite to payment of compensation. See section 910 of this title. Section 34, act Sept. 29, 1919, ch. 72, 41 Stat. 291, related to appointment of an ambassador to Belgium. See section 901 of this title. Section 34a, act Jan. 22, 1930, ch. 22, 46 Stat. 57, related to appointment of an ambassador to Poland. See section 901 of this title. Section 34b, act June 5, 1930, ch. 404, 46 Stat. 502, related to appointment of a minister to the Union of South Africa. See section 901 of this title. Section 34c, act June 1, 1922, ch. 204, title I, 42 Stat. 600, related to appointment of a minister to Egypt. See section 901 of this title. Section 35, acts Feb. 27, 1925, ch. 364, title I, 43 Stat. 1016; Apr. 29, 1926, ch. 195, title I, 44 Stat. 331; Feb. 24, 1927, ch. 189, title I, 44 Stat. 1180; Feb. 15, 1928, ch. 57, title I, 45 Stat. 65; Jan. 25, 1929, ch. 102, title I, 45 Stat. 1096; Apr. 18, 1930, ch. 184, title I, 46 Stat. 175, related to clerks at embassies and legations. See sections 936 to 939 of this title. Section 36, R.S. Sec. 1686, related to compensation of persons filling two offices. Section 37, act June 11, 1874, ch. 275, Sec. 1, 18 Stat. 67, related to special allowance to embassy messenger in Paris. Section 38, act Feb. 5, 1915, ch. 23, Sec. 7, 38 Stat. 807, related to transaction of business by diplomatic officers. See section 805 of this title. Section 39, R.S. Sec. 1688, related to prohibition against uniforms and official costumes. See section 803 of this title. Section 40, R.S. Sec. 1674; acts Feb. 5, 1915, ch. 23, Sec. 6, 38 Stat. 806; July 1, 1916, ch. 208, 39 Stat. 252; May 24, 1924, ch. 182, Sec. 2, 43 Stat. 140, related to definition of diplomatic offices. See section 802 of this title. EFFECTIVE DATE OF REPEAL Repeal effective three months after Aug. 13, 1946, see section 1141 of act Aug. 13, 1946. ------DocID 29036 Document 18 of 816------ -CITE- 22 USC Sec. 277d-40 -EXPCITE- TITLE 22 CHAPTER 7 SUBCHAPTER IV -HEAD- Sec. 277d-40. Authorization of appropriations -STATUTE- There is authorized to be appropriated to the Department of State for the use of the United States section of the International Boundary and Water Commission, United States and Mexico, such sums as may be necessary to carry out the provisions of the treaty and title I of this Act. -SOURCE- (Pub. L. 92-549, title I, Sec. 108, Oct. 25, 1972, 86 Stat. 1162.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is Pub. L. 92-549, Oct. 25, 1972, 86 Stat. 1161, known as the 'American-Mexican Boundary Treaty Act of 1972'. Title I of this Act enacted sections 277d-34 to 277d-40 of this title and amended section 1322 of Title 19, Customs Duties. For complete classification of this Act to the Code, see Short Title note set out under section 277d-34 of this title and Tables. ------DocID 30619 Document 19 of 816------ -CITE- 22 USC CHAPTER 40 -EXPCITE- TITLE 22 CHAPTER 40 -HEAD- CHAPTER 40 - INTERNATIONAL EXPOSITIONS -MISC1- Sec. 2801. Congressional findings. 2802. Federal recognition. (a) Eligibility requirements. (b) Recognition and registration procedure; compliance with international convention; participation by States and foreign governments. (c) Report to Congress. 2803. Federal participation. (a) Congressional authorization; proposals. (b) Construction of Federal pavilion. (c) Authorization of appropriations for Federal pavilion. (d) Requisites and temporary nature of Federal pavilion. 2804. Establishment of standards and criteria; publication in the Federal Register. 2805. Withdrawal of Federal recognition or participation. 2806. Other provisions unaffected. 2807. Authorization of appropriations. ------DocID 31711 Document 20 of 816------ -CITE- 25 USC Sec. 40 -EXPCITE- TITLE 25 CHAPTER 2 -HEAD- Sec. 40. Limits of superintendencies, agencies, and subagencies -STATUTE- The limits of each superintendency, agency, and subagency shall be established by the Secretary of the Interior, either by tribes or geographical boundaries. -SOURCE- (R.S. Sec. 2066.) -COD- CODIFICATION R.S. Sec. 2066 derived from acts June 30, 1834, ch. 162, Sec. 7, 4 Stat. 736; Mar. 3, 1847, ch. 66, Sec. 1, 9 Stat. 203. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 33553 Document 21 of 816------ -CITE- 26 USC Sec. 40 -EXPCITE- TITLE 26 Subtitle A CHAPTER 1 Subchapter A PART IV Subpart D -HEAD- Sec. 40. Alcohol used as fuel -STATUTE- (a) General rule For purposes of section 38, the alcohol fuels credit determined under this section for the taxable year is an amount equal to the sum of - (1) the alcohol mixture credit, plus (2) the alcohol credit, plus (3) in the case of an eligible small ethanol producer, the small ethanol producer credit. (b) Definition of alcohol mixture credit, alcohol credit, and small ethanol producer credit For purposes of this section, and except as provided in subsection (h) - (1) Alcohol mixture credit (A) In general The alcohol mixture credit of any taxpayer for any taxable year is 60 cents for each gallon of alcohol used by the taxpayer in the production of a qualified mixture. (B) Qualified mixture The term 'qualified mixture' means a mixture of alcohol and gasoline or of alcohol and a special fuel which - (i) is sold by the taxpayer producing such mixture to any person for use as a fuel, or (ii) is used as a fuel by the taxpayer producing such mixture. (C) Sale or use must be in trade or business, etc. Alcohol used in the production of a qualified mixture shall be taken into account - (i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and (ii) for the taxable year in which such sale or use occurs. (D) Casual off-farm production not eligible No credit shall be allowed under this section with respect to any casual off-farm production of a qualified mixture. (2) Alcohol credit (A) In general The alcohol credit of any taxpayer for any taxable year is 60 cents for each gallon of alcohol which is not in a mixture with gasoline or a special fuel (other than any denaturant) and which during the taxable year - (i) is used by the taxpayer as a fuel in a trade or business, or (ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle. (B) User credit not to apply to alcohol sold at retail No credit shall be allowed under subparagraph (A)(i) with respect to any alcohol which was sold in a retail sale described in subparagraph (A)(ii). (3) Smaller credit for lower proof alcohol In the case of any alcohol with a proof which is at least 150 but less than 190, paragraphs (1)(A) and (2)(A) shall be applied by substituting '45 cents' for '60 cents'. (4) Small ethanol producer credit (A) In general The small ethanol producer credit of any eligible small ethanol producer for any taxable year is 10 cents for each gallon of qualified ethanol fuel production of such producer. (B) Qualified ethanol fuel production For purposes of this paragraph, the term 'qualified ethanol fuel production' means any alcohol which is ethanol which is produced by an eligible small ethanol producer, and which during the taxable year - (i) is sold by such producer to another person - (I) for use by such other person in the production of a qualified mixture in such other person's trade or business (other than casual off-farm production), (II) for use by such other person as a fuel in a trade or business, or (III) who sells such ethanol at retail to another person and places such ethanol in the fuel tank of such other person, or (ii) is used or sold by such producer for any purpose described in clause (i). (C) Limitation The qualified ethanol fuel production of any producer for any taxable year shall not exceed 15,000,000 gallons. (D) Additional distillation excluded The qualified ethanol fuel production of any producer for any taxable year shall not include any alcohol which is purchased by the producer and with respect to which such producer increases the proof of the alcohol by additional distillation. (5) Adding of denaturants not treated as mixture The adding of any denaturant to alcohol shall not be treated as the production of a mixture. (c) Coordination with exemption from excise tax The amount of the credit determined under this section with respect to any alcohol shall, under regulations prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such alcohol solely by reason of the application of subsection (b)(2), (k), or (m) of section 4041, section 4081(c), or section 4091(c). (d) Definitions and special rules For purposes of this section - (1) Alcohol defined (A) In general The term 'alcohol' includes methanol and ethanol but does not include - (i) alcohol produced from petroleum, natural gas, or coal (including peat), or (ii) alcohol with a proof of less than 150. (B) Determination of proof The determination of the proof of any alcohol shall be made without regard to any added denaturants. (2) Special fuel defined The term 'special fuel' includes any liquid fuel (other than gasoline) which is suitable for use in an internal combustion engine. (3) Mixture or alcohol not used as a fuel, etc. (A) Mixtures If - (i) any credit was determined under this section with respect to alcohol used in the production of any qualified mixture, and (ii) any person - (I) separates the alcohol from the mixture, or (II) without separation, uses the mixture other than as a fuel, then there is hereby imposed on such person a tax equal to 60 cents a gallon (45 cents in the case of alcohol with a proof less than 190) for each gallon of alcohol in such mixture. (B) Alcohol If - (i) any credit was determined under this section with respect to the retail sale of any alcohol, and (ii) any person mixes such alcohol or uses such alcohol other than as a fuel, then there is hereby imposed on such person a tax equal to 60 cents a gallon (45 cents in the case of alcohol with a proof less than 190) for each gallon of such alcohol. (C) Producer credit If - (i) any credit was determined under subsection (a)(3), and (ii) any person does not use such fuel for a purpose described in subsection (b)(4)(B), then there is hereby imposed on such person a tax equal to 10 cents a gallon for each gallon of such alcohol. (D) Applicable laws All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A), (B), or (C) as if such tax were imposed by section 4081 and not by this chapter. (4) Volume of alcohol For purposes of determining - (A) under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), or (B) under section 4041(k) or 4081(c) the percentage of any mixture which consists of alcohol, the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 5 percent of the volume of such alcohol (including denaturants). (5) Pass-thru in the case of estates and trusts Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply. (e) Termination (1) In general This section shall not apply to any sale or use - (A) for any period after December 31, 2000, or (B) for any period before January 1, 2001, during which the Highway Trust Fund financing rate under section 4081(a)(2) is not in effect. (2) No carryovers to certain years after expiration If this section ceases to apply for any period by reason of paragraph (1), no amount attributable to any sale or use before the first day of such period may be carried under section 39 by reason of this section (treating the amount allowed by reason of this section as the first amount allowed by this subpart) to any taxable year beginning after the 3-taxable-year period beginning with the taxable year in which such first day occurs. (f) Election to have alcohol fuels credit not apply (1) In general A taxpayer may elect to have this section not apply for any taxable year. (2) Time for making election An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions). (3) Manner of making election An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe. (g) Definitions and special rules for eligible small ethanol producer credit For purposes of this section - (1) Eligible small ethanol producer The term 'eligible small ethanol producer' means a person who, at all times during the taxable year, has a productive capacity for alcohol (as defined in subsection (d)(1)(A) without regard to clauses (i) and (ii)) not in excess of 30,000,000 gallons. (2) Aggregration (FOOTNOTE 1) rule (FOOTNOTE 1) So in original. Probably should be 'Aggregation'. For purposes of the 15,000,000 gallon limitation under subsection (b)(4)(C) and the 30,000,000 gallon limitation under paragraph (1), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. (3) Partnership, S corporations, and other pass-thru entities In the case of a partnership, trust, S corporation, or other pass-thru entity, the limitations contained in subsection (b)(4)(C) and paragraph (1) shall be applied at the entity level and at the partner or similar level. (4) Allocation For purposes of this subsection, in the case of a facility in which more than 1 person has an interest, productive capacity shall be allocated among such persons in such manner as the Secretary may prescribe. (5) Regulations The Secretary may prescribe such regulations as may be necessary - (A) to prevent the credit provided for in subsection (a)(3) from directly or indirectly benefiting any person with a direct or indirect productive capacity of more than 30,000,000 gallons of alcohol during the taxable year, or (B) to prevent any person from directly or indirectly benefiting with respect to more than 15,000,000 gallons during the taxable year. (h) Reduced credit for ethanol blenders In the case of any alcohol mixture credit or alcohol credit with respect to any alcohol which is ethanol - (1) subsections (b)(1)(A) and (b)(2)(A) shall be applied by substituting '54 cents' for '60 cents'; (2) subsection (b)(3) shall be applied by substituting '40 cents' for '45 cents' and '54 cents' for '60 cents'; and (3) subparagraphs (A) and (B) of subsection (d)(3) shall be applied by substituting '54 cents' for '60 cents' and '40 cents' for '45 cents'. -SOURCE- (Added Pub. L. 96-223, title II, Sec. 232(b)(1), Apr. 2, 1980, 94 Stat. 273, Sec. 44E, and amended Pub. L. 97-34, title II Sec. 207(c)(3), Aug. 13, 1981, 95 Stat. 225; Pub. L. 97-354, Sec. 5(a)(2), Oct. 19, 1982, 96 Stat. 1692; Pub. L. 97-424, title V, Sec. 511(b)(2), (d)(3), Jan. 6, 1983, 96 Stat. 2170, 2171; renumbered Sec. 40 and amended Pub. L. 98-369, div. A, title IV, Sec. 471(c), 474(k), title IX, Sec. 912(c), (f), 913(b), July 18, 1984, 98 Stat. 826, 832, 1007, 1008; Pub. L. 100-203, title X, Sec. 10502(d)(1), Dec. 22, 1987, 101 Stat. 1330-444; Pub. L. 101-508, title XI, Sec. 11502(a)-(f), Nov. 5, 1990, 104 Stat. 1388-480 to 1388-482.) -MISC1- PRIOR PROVISIONS A prior section 40, added Pub. L. 92-178, title VI, Sec. 601(a), Dec. 10, 1971, 85 Stat. 553, and amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834, which related to the allowance as a credit of expenses of work incentive programs, was repealed by Pub. L. 98-369, div. A, title IV, Sec. 474(m)(1), July 18, 1984, 98 Stat. 833. Another prior section 40 was renumbered section 35 of this title. AMENDMENTS 1990 - Subsec. (a)(2). Pub. L. 101-508, Sec. 11502(a)(1), substituted ', plus' for period at end. Subsec. (a)(3). Pub. L. 101-508, Sec. 11502(a)(2), added par. (3). Subsec. (b). Pub. L. 101-508, Sec. 11502(e)(2), which directed the insertion of ', and except as provided in subsection (h)' in introductory provisions without specifying the location of such insertion, was executed after 'section' to reflect the probable intent of Congress. Pub. L. 101-508, Sec. 11502(b)(3), substituted ', alcohol credit, and small ethanol producer credit' for 'and alcohol credit' in heading. Subsec. (b)(4), (5). Pub. L. 101-508, Sec. 11502(b)(1), (2), added par. (4) and redesignated former par. (4) as (5). Subsec. (d)(3)(C), (D). Pub. L. 101-508, Sec. 11502(d)(1), (2), added subpar. (C), redesignated former subpar. (C) as (D), and substituted 'subparagraph (A), (B), or (C)' for 'subparagraph (A) or (B)'. Subsec. (e). Pub. L. 101-508, Sec. 11502(f), amended subsec. (e) generally, substituting present provisions for provisions prohibiting the applicability of this section to any sale or use after Dec. 31, 1992, and prohibiting carryovers to any taxable year beginning after Dec. 31, 1994. Subsec. (g). Pub. L. 101-508, Sec. 11502(c), added subsec. (g). Subsec. (h). Pub. L. 101-508, Sec. 11502(e)(1), added subsec. (h). 1987 - Subsec. (c). Pub. L. 100-203 substituted ', section 4081(c), or section 4091(c)' for 'or section 4081(c)'. 1984 - Pub. L. 98-369, Sec. 471(c), renumbered section 44E of this title as this section. Subsec. (a). Pub. L. 98-369, Sec. 474(k)(1), substituted 'For purposes of section 38, the alcohol fuels credit determined under this section for the taxable year is an amount equal to the sum of' for 'There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of' in introductory provisions. Subsec. (b)(1)(A), (2)(A). Pub. L. 98-369, Sec. 912(c)(1), substituted '60 cents' for '50 cents'. Subsec. (b)(3). Pub. L. 98-369, Sec. 912(c), substituted '45 cents' for '37.5 cents' and '60 cents' for '50 cents'. Subsec. (c). Pub. L. 98-369, Sec. 913(b), substituted '(b)(2), (k), or (m)' for '(b)(2) or (k)'. Pub. L. 98-369, Sec. 474(k)(2), substituted 'the credit determined under this section' for 'the credit allowable under this section'. Subsec. (d)(1)(A)(i). Pub. L. 98-369, Sec. 912(f), substituted 'coal (including peat)' for 'coal'. Subsec. (d)(3)(A). Pub. L. 98-369, Sec. 912(c), substituted '60 cents' for '50 cents' and '45 cents' for '37.5 cents'. Subsec. (d)(3)(A)(i). Pub. L. 98-369, Sec. 474(k)(3), substituted 'credit was determined' for 'credit was allowable'. Subsec. (d)(3)(B). Pub. L. 98-369, Sec. 912(c), substituted '60 cents' for '50 cents' and '45 cents' for '37.5 cents'. Subsec. (d)(3)(B)(i). Pub. L. 98-369, Sec. 474(k)(3), substituted 'credit was determined' for 'credit was allowable'. Subsec. (e). Pub. L. 98-369, Sec. 474(k)(4), redesignated subsec. (f) as (e). Former subsec. (e), which had placed a limitation based on the amount of tax, was struck out. Subsec. (e)(2). Pub. L. 98-369, Sec. 474(k)(5), substituted 'section 39 by reason of this section (treating the amount allowed by reason of this section as the first amount allowed by this subpart)' for 'subsection (e)(2)'. Subsec. (f). Pub. L. 98-369, Sec. 474(k)(6), added subsec. (f). Former subsec. (f) redesignated (e). 1983 - Subsec. (b)(1)(A), (2)(A). Pub. L. 97-424, Sec. 511(d)(3)(A), substituted '50 cents' for '40 cents'. Subsec. (b)(3). Pub. L. 97-424, Sec. 511(d)(3), substituted '50 cents' for '40 cents' and '37.5 cents' for '30 cents'. Subsec. (c). Pub. L. 97-424, Sec. 511(b)(2), substituted 'subsection (b)(2) or (k) of section 4041 or section 4081(c)' for 'section 4041(k) or 4081(c)' after 'reason of the application of'. Subsec. (d)(3)(A), (B). Pub. L. 97-424, Sec. 511(d)(3), substituted '50 cents' for '40 cents' and '37.5 cents' for '30 cents'. 1982 - Subsec. (d)(5). Pub. L. 97-354 substituted 'Pass-thru in the case of estates and trusts' for 'Pass-through in the case of subchapter S corporations, etc.' in par. heading, and substituted provisions relating to the applicability of rules similar to rules of subsec. (d) of section 52 for provisions relating to the applicability of rules similar to rules of subsecs. (d) and (e) of section 52. 1981 - Subsec. (e)(2)(A). Pub. L. 97-34 substituted '15' for '7' in two places, and '14' for '6' in one place. EFFECTIVE DATE OF 1990 AMENDMENT Section 11502(h) of Pub. L. 101-508 provided that: '(1) Except as provided in paragraph (2), the amendments made by this section (amending this section) shall apply to alcohol produced, and sold or used, in taxable years beginning after December 31, 1990. '(2) The amendments made by subsection (g) (amending provisions not classified to the Code) shall apply to articles entered or withdrawn from warehouse on or after January 1, 1991.' EFFECTIVE DATE OF 1987 AMENDMENT Section 10502(e) of Pub. L. 100-203 provided that: 'The amendments made by this section (enacting sections 4091 to 4093 of this title, amending this section and sections 4041, 4081, 4101, 4221, 6206, 6416, 6421, 6427, 6652, 9502, 9503, and 9508 of this title, and enacting provisions set out as notes under sections 4091 and 9502 of this title) shall apply to sales after March 31, 1988.' EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(k) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title. Section 912(g) of Pub. L. 98-369 provided that: 'The amendments made by this section (amending this section and sections 4041, 4081, and 6427 of this title) shall take effect on January 1, 1985.' Amendment by section 913(b) of Pub. L. 98-369 effective Aug. 1, 1984, see section 913(c) of Pub. L. 98-369, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendments by section 511(b)(2), (d)(3) of Pub. L. 97-424 effective Apr. 1, 1983, see section 511(h) of Pub. L. 97-424, set out as a note under section 4041 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-354 applicable to taxable years beginning after Dec. 31, 1982, see section 6(a) of Pub. L. 97-354, set out as an Effective Date note under section 1361 of this title. EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-34 applicable to unused credit years ending after Sept. 30, 1980, see section 209(c)(2)(C) of Pub. L. 97-34, set out as an Effective Date note under section 168 of this title. EFFECTIVE DATE Section 232(h)(1), (4) of Pub. L. 96-223, as amended by Pub. L. 97-448, title II, Sec. 202(e), Jan. 12, 1983, 96 Stat. 2396, provided that: '(1) The amendments made by subsections (b) and (c) (enacting sections 44E (now 40) and 86 of this title and amending sections 55, 381, 383, 4081, and 6096 of this title) shall apply to sales or uses after September 30, 1980, in taxable years ending after such date. '(4) Notwithstanding paragraph (1), the provisions of section 44E(d)(4)(B) (now 40(d)(4)(B)) of such Code, as added by this section, shall take effect on April 2, 1980.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 38, 87, 196, 6501 of this title. ------DocID 34857 Document 22 of 816------ -CITE- 26 USC CHAPTER 40 -EXPCITE- TITLE 26 Subtitle D CHAPTER 40 -HEAD- CHAPTER 40 - GENERAL PROVISIONS RELATING TO OCCUPATIONAL TAXES -MISC1- Sec. 4901. Payment of tax. 4902. Liability of partners. 4903. Liability in case of business in more than one location. 4904. Liability in case of different businesses of same ownership and location. 4905. Liability in case of death or change of location. 4906. Application of State laws. 4907. Federal agencies or instrumentalities. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 4463 of this title. ------DocID 35928 Document 23 of 816------ -CITE- 26 USC APPENDIX - RULES OF TAX COURT Rule 40 -EXPCITE- TITLE 26 APPENDIX TITLE IV -HEAD- Rule 40. Defenses and Objections Made by Pleading or Motion -STATUTE- Every defense, in law or fact, to a claim for relief in any pleading shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may, at the option of the pleader, be made by motion: (a) lack of jurisdiction, and (b) failure to state a claim upon which relief can be granted. If a pleading sets forth a claim for relief to which the adverse party is not required to file a responsive pleading, then such party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting failure to state a claim on which relief can be granted, matters outside the pleading are to be presented, then the motion shall be treated as one for summary judgment and disposed of as provided in Rule 121, and the parties shall be given an opportunity to present all material made pertinent to a motion under Rule 121. ------DocID 36110 Document 24 of 816------ -CITE- 27 USC Sec. 11 to 40 -EXPCITE- TITLE 27 CHAPTER 2 -HEAD- Sec. 11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49 Stat. 872 -MISC1- Section 11, act Oct. 28, 1919, ch. 85, title II, Sec. 2, 41 Stat. 308, authorized Commissioner of Internal Revenue, his assistants, agents, and inspectors to swear out warrants before United States commissioners or other officers or courts authorized to issue warrants, and to investigate and report violations of this title to United States attorney for district in which violations were committed. Section 12, act Oct. 28, 1919, ch. 85, title II, Sec. 3, 41 Stat. 308, provided that no person manufacture, sell, barter, transport, import, export, deliver, furnish or possess any intoxicating liquor except as otherwise provided by provisions of this title. Section 13, act Oct. 28, 1919, ch. 85, title II, Sec. 4, 41 Stat. 309, exempted specified articles, after having been manufactured and prepared for market, from provisions of this title, required manufacturers of such exempt articles to secure permits, give bonds, keep records, and make reports, and made unlawful the failure to comply with any of foregoing requirements. Section 14, act Oct. 28, 1919, ch. 85, title II, Sec. 5, 41 Stat. 309, authorized commissioner to analyze specified manufactured articles in order to determine whether said articles constituted intoxicating liquors. Section 15, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, authorized commissioner to order a change of formula of preparations used as a beverage or for intoxicating liquor purposes where sale or use of such preparations was substantially increased in community by reason of its use as a beverage or for intoxicating beverage purposes. Section 16, act Oct. 28, 1919, ch. 85, title II, Sec. 6, 41 Stat. 310, required that any person manufacturing, selling, purchasing, transporting, or prescribing any liquor, except liquor purchased and used for medicinal purposes when prescribed by a physician, liquor purchased and used in a bona fide hospital or sanitarium for treatment of alcoholism, and wine manufactured, etc., for sacramental or religious purposes, first obtain a permit from commissioner. Section 17, act Oct. 28, 1919, ch. 85, title II, Sec. 7, 41 Stat. 311, authorized no one but a physician holding a permit to prescribe liquor to issue any prescription for liquor, required every such physician to keep a record of every prescription issued, and required pharmacist filling each prescription issued to indorse upon it over his own signature 'canceled'. Section 18, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, specified kinds of liquor which could be prescribed for medicinal purposes, percentage of alcohol in such prescriptions, and quantity permitted to be prescribed. Section 19, act Oct. 28, 1919, ch. 85, title II, Sec. 8, 41 Stat. 311, authorized commissioner to issue prescription blanks, free of cost, to physicians holding permits to prescribe liquor for medicinal purposes. Section 20, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, set forth number of prescription blanks that could be issued to a physician, and number of prescriptions that could be issued by a physician. Section 21, act Oct. 28, 1919, ch. 85, title II, Sec. 9, 41 Stat. 311, set forth procedure by which commissioner could cite permittees believed not to be conforming to provisions of this title, or who had violated laws of any State relating to intoxicating liquors. Section 22, act Oct. 28, 1919, ch. 85, title II, Sec. 10, 41 Stat. 312, required every person manufacturing, purchasing, selling, or transporting any liquor to make and keep a permanent record of all such transactions. Section 23, act Oct. 28, 1919, ch. 85, title II, Sec. 11, 41 Stat. 312, required all manufacturers and wholesale or retail druggists to keep a copy of all permits to purchase on which a sale of any liquor was made. Section 24, act Oct. 28, 1919, ch. 85, title II, Sec. 12, 41 Stat. 312, required all persons manufacturing liquor for sale to attach labels to every container, and specified the information to be placed on such labels. Section 25, act Oct. 28, 1919, ch. 85, title II, Sec. 13, 41 Stat. 312, required every carrier to make a record at place of shipment of receipt of any liquor transported, and to deliver liquor only to persons presenting to him a verified copy of a permit to purchase. Section 26, act Oct. 28, 1919, ch. 85, title II, Sec. 14, 41 Stat. 312, made it unlawful for any person to use or induce any carrier, or any agent or employee thereof, to carry or ship any package or receptacle containing liquor without notifying carrier of true nature and character of shipment, and required all packages carrying liquor to contain enumerated information. Section 27, act Oct. 28, 1919, ch. 85, title II, Sec. 15, 41 Stat. 313, made it unlawful for any consignee to accept any package containing liquor upon which appeared a statement known by him to be false, or for any carrier to consign, etc., any such package, knowing such statement to be false. Section 28, act Oct. 28, 1919, ch. 85, title II, Sec. 16, 41 Stat. 313, made it unlawful to order a carrier to deliver liquor to any person not a bona fide consignee. Section 29, act Oct. 28, 1919, ch. 85, title II, Sec. 17, 41 Stat. 313, made it unlawful to advertise liquor, or manufacture, sale, or keeping for sale of liquor, and exempted manufacturers and wholesale druggists holding permits to sell liquor from prohibition when furnishing price lists to persons permitted to purchase liquor or when advertising in business publications. Section 30, act Oct. 28, 1919, ch. 85, title II, Sec. 18, 41 Stat. 313, made it unlawful to advertise, manufacture, sell, or possess for sale any utensil, ingredient, or formula intended for use in unlawful manufacture of intoxicating liquor. Section 31, act Oct. 28, 1919, ch. 85, title II, Sec. 19, 41 Stat. 313, prohibited any person from soliciting or receiving orders for liquor or giving information as to how liquor could be obtained in violation of this title. Section 32, act Oct. 28, 1919, ch. 85, title II, Sec. 20, 41 Stat. 313, gave a right of action to any person injured in person, property, means of support, or otherwise by any intoxicated person against any person who unlawfully sold liquor to such intoxicated person, or caused or contributed to such intoxication. Section 33, act Oct. 28, 1919, ch. 85, title II, Sec. 21, 41 Stat. 314, declared any property used in connection with a violation of this title to be a common nuisance, set forth punishment for maintenance of a common nuisance, and made owner of such property liable. Section 34, act Oct. 28, 1919, ch. 85, title II, Sec. 22, 41 Stat. 314, set forth procedure which authorized an action in equity to enjoin any nuisance defined in this title. Section 35, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, declared any person keeping or carrying liquor with intent to sell, or soliciting orders for liquor guilty of a nuisance and restrainable by injunction. Section 36, act Oct. 29, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, set forth fees of officers removing and selling property in enforcement of these provisions. Section 37, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41 Stat. 314, provided that any violation upon any leased premises by the lessee or occupant thereof could, at the option of the lessor, work a forfeiture of lease. Section 38, act Oct. 28, 1919, ch. 85, title II, Sec. 24, 41 Stat. 315, set forth procedure and punishment for violation of any injunction granted pursuant to these provisions. Section 39, act Oct. 28, 1919, ch. 85, title II, Sec. 25, 41 Stat. 315, prohibited unlawful possession of liquor or property designed for manufacture thereof, and authorized issuance of search warrants and destruction of unlawfully possessed liquor and property seized pursuant to such search warrants. Section 40, act Oct. 28, 1919, ch. 85, title II, Sec. 26, 41 Stat. 315, set forth procedure for seizure and destruction of unlawfully transported liquor and sale of any vehicle found to be used for such transportation. ------DocID 36409 Document 25 of 816------ -CITE- 28 USC CHAPTER 40 -EXPCITE- TITLE 28 PART II CHAPTER 40 -HEAD- CHAPTER 40 - INDEPENDENT COUNSEL -MISC1- Sec. 591. Applicability of provisions of this chapter. 592. Preliminary investigation and application for appointment of an independent counsel. 593. Duties of the division of the court. 594. Authority and duties of an independent counsel. 595. Congressional oversight. 596. Removal of an independent counsel; termination of office. 597. Relationship with Department of Justice. 598. Severability. 599. Termination of effect of chapter. AMENDMENTS 1987 - Pub. L. 100-191, Sec. 2, Dec. 15, 1987, 101 Stat. 1293, amended chapter 40 heading and analysis generally, substituting items 591 to 599 for former items 591 to 598. 1986 - Pub. L. 99-554, title I, Sec. 144(g)(1), Oct. 27, 1986, 100 Stat. 3097, substituted '40' for '39' as chapter designation. 1983 - Pub. L. 97-409, Sec. 2(a)(1)(A), Jan. 3, 1983, 96 Stat. 2039, substituted 'independent counsel' for 'special prosecutor' in chapter heading and in items 592, 594, and 596. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 49 of this title; title 18 section 202. ------DocID 37022 Document 26 of 816------ -CITE- 28 USC APPENDIX - RULES OF APPELLATE PROCEDURE Rule 40 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF APPELLATE PROCEDURE TITLE VII -HEAD- Rule 40. Petition for rehearing -STATUTE- (a) Time for filing; content; answer; action by court if granted. - A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order or by local rule. The petition shall state with particularity the points of law or fact which in the opinion of the petitioner the court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted. No answer to a petition for rehearing will be received unless requested by the court, but a petition for rehearing will ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted the court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. (b) Form of petition; length. - The petition shall be in a form prescribed by Rule 32(a), and copies shall be served and filed as prescribed by Rule 31(b) for the service and filing of briefs. Except by permission of the court, or as specified by local rule of the court of appeals, a petition for rehearing shall not exceed 15 pages. -SOURCE- (As amended Apr. 30, 1979, eff. Aug. 1, 1979.) -MISC1- NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES This is the usual rule among the circuits, except that the express prohibition against filing a reply to the petition is found only in the rules of the Fourth, Sixth and Eighth Circuits (it is also contained in Supreme Court Rule 58(3)). It is included to save time and expense to the party victorious on appeal. In the very rare instances in which a reply is useful, the court will ask for it. NOTES OF ADVISORY COMMITTEE ON APPELLATE RULES - 1979 AMENDMENT Subdivision (a). The Standing Committee added to the first sentence of Rule 40(a) the words 'or by local rule,' to conform to current practice in the circuits. The Standing Committee believes the change noncontroversial. Subdivision (b). The proposed amendment would eliminate the distinction drawn in the present rule between printed briefs and those duplicated from typewritten pages in fixing their maximum length. See Note to Rule 28. Since petitions for rehearing must be prepared in a short time, making typographic printing less likely, the maximum number of pages is fixed at 15, the figure used in the present rule for petitions duplicated by means other than typographic printing. -CROSS- CROSS REFERENCES Mandate, issuance unless delayed by petition for rehearing, see rule 41. ------DocID 37085 Document 27 of 816------ -CITE- 28 USC APPENDIX - RULES OF CIVIL PROCEDURE Rule 40 -EXPCITE- TITLE 28 APPENDIX FEDERAL RULES OF CIVIL PROCEDURE VI -HEAD- Rule 40. Assignment of Cases for Trial -STATUTE- The district courts shall provide by rule for the placing of actions upon the trial calendar (1) without request of the parties or (2) upon request of a party and notice to the other parties or (3) in such other manner as the courts deem expedient. Precedence shall be given to actions entitled thereto by any statute of the United States. -MISC1- NOTES OF ADVISORY COMMITTEE ON RULES U.S.C., Title 28, (former) Sec. 769 (Notice of case for trial) is modified. See (former) Equity Rule 56 (On Expiration of Time for Depositions, Case Goes on Trial Calendar). See also (former) Equity Rule 57 (Continuances). For examples of statutes giving precedence, see U.S.C., Title 28, Sec. 47 (now 1253, 2101, 2325) (Injunctions as to orders of Interstate Commerce Commission); Sec. 380 (now 1253, 2101, 2284) (Injunctions alleged unconstitutionality of state statutes); Sec. 380a (now 1253, 2101, 2284) (Same; Constitutionality of federal statute); (former) Sec. 768 (Priority of cases where a state is party); Title 15, Sec. 28 (Antitrust laws; suits against monopolies expedited); Title 22, Sec. 240 (Petition for restoration of property seized as munitions of war, etc.); and Title 49, (former) Sec. 44 (Proceedings in equity under interstate commerce laws; expedition of suits). -CROSS- CROSS REFERENCES Adoption of local rules not inconsistent with these rules, see rule 83. ------DocID 37307 Document 28 of 816------ -CITE- 28 USC APPENDIX - RULES OF THE SUPREME COURT Rule 40 -EXPCITE- TITLE 28 APPENDIX RULES OF THE SUPREME COURT OF THE UNITED STATES PART VII -HEAD- Rule 40. Veterans, Seamen, and Military Cases -STATUTE- .1. A veteran suing to establish reemployment rights under 38 U.S.C. Sec. 2022, or under any other provision of law exempting a veteran from the payment of fees or court costs, may file a motion to proceed upon typewritten papers under Rule 34, except that the motion shall ask leave to proceed as a veteran, and the affidavit shall set forth the moving party's status as a veteran. .2. A seaman suing pursuant to 28 U.S.C. Sec. 1916 may proceed without the prepayment of fees or costs or furnishing security therefor, but a seaman is not relieved of printing costs nor entitled to proceed on typewritten papers. .3. An accused person petitioning for a writ of certiorari to review a decision of the United States Court of Military Appeals pursuant to 28 U.S.C. Sec. 1259 may proceed without the prepayment of fees or costs or furnishing security therefor and without filing an affidavit of indigency, but is not relieved of the printing requirements under Rule 33 and is not entitled to proceed on typewritten papers except as authorized by the Court on separate motion. ------DocID 37362 Document 29 of 816------ -CITE- 28 USC APPENDIX - RULES OF CLAIMS COURT Rule 40 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES CLAIMS COURT TITLE VI -HEAD- Rule 40. Assignment of Cases for Trial -STATUTE- Assignment of cases for trial is the responsibility of the judge to whom the case is assigned, and may be made (1) without request of the parties or (2) upon request of a party and notice to the other parties or (3) in such other manner as the court deems expedient. All trials shall be scheduled by the judge by order filed with the clerk. Precedence shall be given to actions entitled thereto by any statute of the United States. ------DocID 37470 Document 30 of 816------ -CITE- 28 USC APPENDIX - RULES OF THE COURT OF INTERNATIONAL TRADE Rule 40 -EXPCITE- TITLE 28 APPENDIX RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE TITLE VI -HEAD- Rule 40. Request for Trial -STATUTE- (a) Request. At any time after issue is joined in an action, unless the court otherwise directs, any party who desires to try an action shall: (1) confer with the opposing party or parties to attempt to reach agreement as to the time and place of trial, and (2) serve upon the opposing party or parties, and file with the court, a request for trial which shall be substantially in the form set forth in Form 6 in the Appendix of Forms. The request shall be served and filed at least 30 days prior to the requested date of trial, or upon a showing of good cause, at a reasonable time prior to the requested date of trial. A party who opposes the request shall serve and file its opposition within 10 days after service of the request, unless a shorter period is directed by the court. In all instances where a trial is requested to be held at a location other than or in addition to the courthouse at One Federal Plaza, New York, New York, all other parties shall serve and file a response within 10 days after the service of the request, unless a shorter period is directed by the court. (b) Designation. The court shall designate the date and place for trial, as prescribed in Rule 77(c)(1) or (2), and shall give reasonable notice thereof to the parties. (c) Premarking Exhibits. All exhibits and documents which are intended to be introduced in evidence are to be marked for identification and exhibited to opposing counsel prior to trial or court proceeding. -SOURCE- (As amended Oct. 3, 1990, eff. Jan. 1, 1991.) -MISC1- PRACTICE COMMENT To implement the authority conferred upon the chief judge by 28 U.S.C. Sec. 253(b) and 256(a), and for the convenience of parties, there is set out in the instructions for Form 6, in the Appendix of Forms, a list of tentative dockets and the procedures to be followed in connection with trials or oral arguments of dispositive motions at places other than New York City. A schedule, agreed to by the parties, suitable for attachment to a decision of the court, shall be filed at the time an action is submitted to the court for final determination upon a dispositive motion or upon the conclusion of a trial. The schedule should indicate (1) when one action is involved, the ports of entry, protest and entry numbers, (2) when consolidated actions are involved, the ports of entry, court numbers, protest and entry numbers, and (3) when joined actions are involved, the ports of entry, court numbers, plaintiffs, protest and entry numbers. Cases should be arranged according to port of entry, in numerical order. ------DocID 38507 Document 31 of 816------ -CITE- 30 USC Sec. 40 -EXPCITE- TITLE 30 CHAPTER 2 -HEAD- Sec. 40. Verification of affidavits -STATUTE- All affidavits required to be made under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and section 661 of title 43 may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given. -SOURCE- (R.S. Sec. 2335; Mar. 3, 1925, ch. 462, 43 Stat. 1145; 1946 Reorg. Plan No. 3, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.) -REFTEXT- REFERENCES IN TEXT Sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and section 661 of title 43, referred to in text, were in the original 'this chapter', meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. Sec. 2318 to 2352. -COD- CODIFICATION R.S. Sec. 2335 derived from act May 10, 1872, ch. 152, Sec. 13, 17 Stat. 95. -MISC3- AMENDMENTS 1925 - Act Mar. 3, 1925, affected words in first sentence of text, now reading 'before the register of the land office.' Such words formerly read 'before the register and receiver of the land-office.' Such act is treated more fully in note under section 29 of this title. -TRANS- TRANSFER OF FUNCTIONS Office of register of district land office abolished and all functions of register transferred to Secretary of the Interior, or to officers and agencies of Department of the Interior as Secretary may designate, by Reorg. Plan No. 3 of 1946, Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. See also note set out under section 1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 24, 29, 33, 37, 38, 39, 42, 46, 47, 48, 49, 102, 541b of this title; title 16 section 460mm-1; title 25 section 640d-10; title 43 sections 1712, 1714, 1732. ------DocID 39720 Document 32 of 816------ -CITE- 33 USC Sec. 40 -EXPCITE- TITLE 33 CHAPTER 1 SUBCHAPTER II -HEAD- Sec. 40. One Hundred and Two River, Missouri -STATUTE- One Hundred and Two River south of the north boundary line of Andrew County, Missouri, as now located, is declared to be not a navigable water of the United States within the meaning of the laws enacted by Congress for the preservation and protection of such waters. The right to alter, amend, or repeal this section is expressly reserved. -SOURCE- (Feb. 15, 1910, ch. 31, Sec. 1, 2, 36 Stat. 194.) ------DocID 40916 Document 33 of 816------ -CITE- 33 USC CHAPTER 40 -EXPCITE- TITLE 33 CHAPTER 40 -HEAD- CHAPTER 40 - OIL POLLUTION -MISC1- SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION Sec. 2701. Definitions. 2702. Elements of liability. (a) In general. (b) Covered removal costs and damages. (c) Excluded discharges. (d) Liability of third parties. 2703. Defenses to liability. (a) Complete defenses. (b) Defenses as to particular claimants. (c) Limitation on complete defense. 2704. Limits on liability. (a) General rule. (b) Division of liability for mobile offshore drilling units. (c) Exceptions. (d) Adjusting limits of liability. 2705. Interest. (a) General rule. (b) Period. 2706. Natural resources. (a) Liability. (b) Designation of trustees. (c) Functions of trustees. (d) Measure of damages. (e) Damage assessment regulations. (f) Use of recovered sums. (g) Compliance. 2707. Recovery by foreign claimants. (a) Required showing by foreign claimants. (b) Discharges in foreign countries. (c) 'Foreign claimant' defined. 2708. Recovery by responsible party. (a) In general. (b) Extent of recovery. 2709. Contribution. 2710. Indemnification agreements. (a) Agreements not prohibited. (b) Liability not transferred. (c) Relationship to other causes of action. 2711. Consultation on removal actions. 2712. Uses of Fund. (a) Uses generally. (b) Defense to liability for Fund. (c) Obligation of Fund by Federal officials. (d) Access to Fund by State officials. (e) Regulations. (f) Rights of subrogation. (g) Audits. (h) Period of limitations for claims. (i) Limitation on payment for same costs. (j) Obligation in accordance with plan. (k) Preference for private persons in area affected by discharge. 2713. Claims procedure. (a) Presentation. (b) Presentation to Fund. (c) Election. (d) Uncompensated damages. (e) Procedure for claims against Fund. 2714. Designation of source and advertisement. (a) Designation of source and notification. (b) Advertisement by responsible party or guarantor. (c) Advertisement by President. 2715. Subrogation. (a) In general. (b) Actions on behalf of Fund. 2716. Financial responsibility. (a) Requirement. (b) Sanctions. (c) Offshore facilities. (e) Methods of financial responsibility. (f) Claims against guarantor. (g) Limitation on guarantor's liability. (h) Continuation of regulations. (i) Unified certificate. 2716a. Financial responsibility civil penalties. (a) Administrative. (b) Judicial. 2717. Litigation, jurisdiction, and venue. (a) Review of regulations. (b) Jurisdiction. (c) State court jurisdiction. (d) Assessment and collection of tax. (e) Savings provision. (f) Period of limitations. 2718. Relationship to other law. (a) Preservation of State authorities; Solid Waste Disposal Act. (b) Preservation of State funds. (c) Additional requirements and liabilities; penalties. (d) Federal employee liability. 2719. State financial responsibility. SUBCHAPTER II - PRINCE WILLIAM SOUND PROVISIONS 2731. Oil Spill Recovery Institute. (a) Establishment of Institute. (b) Functions. (c) Advisory board. (d) Scientific and technical committee. (e) Director. (f) Evaluation. (g) Audit. (h) Status of employees. (i) Termination. (j) Use of funds. (k) Research. (l) 'Prince William Sound and its adjacent waters' defined. 2732. Terminal and tanker oversight and monitoring. (a) Short title and findings. (b) Demonstration programs. (c) Oil Terminal Facilities and Oil Tanker Operations Association. (d) Regional Citizens' Advisory Councils. (e) Committee for Terminal and Oil Tanker Operations and Environmental Monitoring. (f) Committee for Oil Spill Prevention, Safety, and Emergency Response. (g) Agency cooperation. (h) Recommendations of Council. (i) Administrative actions. (j) Location and compensation. (k) Funding. (l) Reports. (m) Definitions. (n) Savings clause. (o) Alternative voluntary advisory group in lieu of Council. 2733. Bligh Reef light. 2734. Vessel traffic service system. 2735. Equipment and personnel requirements under tank vessel and facility response plans. (a) In general. (b) Definitions. 2736. Funding. (a) Section 2731. (b) Sections 2733 and 2734. 2737. Limitation. SUBCHAPTER III - MISCELLANEOUS 2751. Savings provision. (a) Cross-references. (b) Continuation of regulations. (c) Rule of construction. (d) Actions and rights. (e) Admiralty and maritime law. 2752. Annual appropriations. (a) Required. (b) Exceptions. 2753. Outer Banks protection. (a) Short title. (b) Findings. (c) Prohibition of oil and gas leasing, exploration, and development. (d) Additional environmental information. (e) Environmental Sciences Review Panel. (f) Authorization of appropriations. SUBCHAPTER IV - OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM 2761. Oil pollution research and development program. (a) Interagency Coordinating Committee on Oil Pollution Research. (b) Oil pollution research and technology plan. (c) Oil pollution research and development program. (d) International cooperation. (e) Biennial reports. (f) Funding. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1321 of this title; title 26 section 9509; title 43 section 1653. ------DocID 41881 Document 34 of 816------ -CITE- 36 USC CHAPTER 40 -EXPCITE- TITLE 36 CHAPTER 40 -HEAD- CHAPTER 40 - NATIONAL WOMAN'S RELIEF CORPS, AUXILIARY TO THE GRAND ARMY OF THE REPUBLIC -MISC1- Sec. 1001. Corporation created. 1002. Completion of organization. 1003. Purposes of corporation. 1004. Powers of corporation. 1005. Membership. 1006. Governing body. 1007. Governing board. (a) Executive officers. (b) Initial officers. (c) Council of administration. 1008. Officers. 1009. Principal office; territorial scope of activities; agent for service of process. 1010. Distribution of income or assets to members; loans. 1011. Nonpolitical nature of corporation. 1012. Liability for acts of officers and agents. 1013. Prohibition against issuance of stock or payment of dividends. 1014. Books and records; inspection. 1015. Repealed. 1016. Annual report. 1017. Exclusive right to name, emblems, seals, and badges. 1018. Acquisition of assets and liabilities of existing corporation. 1019. Use of assets on dissolution or liquidation. 1020. Reservation of right to amend or repeal chapter. ------DocID 43586 Document 35 of 816------ -CITE- 38 USC APPENDIX - RULES OF COURT OF VETERANS APPEALS Rules 39 and 40 -EXPCITE- TITLE 38 APPENDIX -HEAD- Rules 39 and 40. (Reserved) ------DocID 4061 Document 36 of 816------ -CITE- TABLE OF POPULAR NAMES McKellar-Mead 40-Hour Mail Act -COD- Aug. 14, 1935, ch. 535, 49 Stat. 650 ------DocID 43791 Document 37 of 816------ -CITE- 40 USC CHAPTER 1 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- CHAPTER 1 - PUBLIC BUILDINGS, GROUNDS, PARKS, AND WHARVES IN DISTRICT OF COLUMBIA -MISC1- Sec. 1 to 13. Repealed or Omitted. 13a. United States Supreme Court Building. (a) Structural and mechanical care; care and maintenance of grounds; direction of operations, maintenance and repairs; contract authority. (b) Heating and air-conditioning refrigeration expenses; deposits in Treasury of advancements to credit of Capitol Power Plant; electrical energy purchases. 13b. Structural, mechanical, and grounds employees; Supreme Court Building and grounds. 13c. Domestic care and custody; superintendent; Supreme Court Building. 13d. Repealed. 13e. Care and maintenance of Oliver Wendell Holmes Garden. 13f. Supreme Court Building and grounds; policing; designation of members of the Supreme Court Police. 13g. Restriction of public travel; Supreme Court grounds. 13h. Sale of articles; signs; solicitation; Supreme Court Building and grounds. 13i. Injuries to property; Supreme Court Building and grounds. 13j. Firearms or fireworks; speeches; objectionable language; Supreme Court Building and grounds. 13k. Parades or assemblages; display of flags; Supreme Court Building and grounds. 13l. Rules and regulations; posting in public place; availability to public. 13m. Penalties; Supreme Court Building and grounds. 13n. Policing authority. (a) Authority of Marshal of the Supreme Court and Supreme Court Police. (b) Authority of Metropolitan police force of the District of Columbia. (c) Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court. (d) Definitions. 13o. Suspension of prohibitions against use of Supreme Court grounds. 13p. Area of Supreme Court grounds. 14 to 18a. Repealed. 19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers. 20 to 22. Repealed or Omitted. 22a. Heat for Corcoran Gallery of Art. 22b. Heat for Board of Governors of the Federal Reserve System. 22c. Rates for heat for non-Federal public buildings. 23 to 30a. Repealed or Omitted. 31. Use of public buildings for public ceremonies. 32 to 33a. Repealed or Omitted. 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation. 35. Rent of other buildings. 36 to 41. Repealed, Omitted, or Transferred. 42. Rooms and accommodations for Office of Personnel Management. 43. Advertisements and sales in or around Washington Monument. 44. Repealed. 45. Chief of Engineers; charge of Washington Aqueduct and other public works. 46. Compensation of Chief of Engineers. 47. Apartments of Chief of Engineers. 48. Obedience to President by Chief of Engineers. 49. Record of property by Chief of Engineers. 50. Reports by Chief of Engineers. 51. Authority of Chief of Engineers. 52. Appeal to Secretary of the Army by Chief of Engineers. 53. Repealed. 53a. MacArthur Boulevard; jurisdiction and control. 54. Moneys for public works; expenditure. 55. Mains or pipes; laying for use of public buildings. 56. Unauthorized opening. 57 to 60. Omitted or Repealed. 60a. Reservation of parking spaces for Members of Congress. 61 to 63. Omitted. 64. Jurisdiction over portion of B Street. 65. Omitted. 66. Improper appropriation of streets. 67. Omitted. 68. Buildings on reservations, parks, or public grounds. 69, 70. Omitted. 71. Physical development of National Capital. (a) General purposes; findings. (b) Definitions. 71a. Federal and District planning agencies in National Capital. (a)(1) National Capital Planning Commission; creation; central Federal agency; functions; excepted functions. (2) Mayor of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with non-Federal agencies. (3) Comprehensive plan for District; functions of Mayor and Council respecting impact on Federal Establishment. (4) Certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process. (b) National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation. (c) Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation. (d) Advisory and coordinating committees; participation by representatives of planning and developmental agencies. (e) General scope of functions. 71b. Omitted. 71c. Comprehensive plan for the National Capital. (a) Preparation and adoption by Commission. (b), (c) Repealed. (d) Progressive adoption, amendment, or review. (e) Consultation with interested agencies; hearings; citizen advisory councils. 71d. Proposed Federal and District developments and projects. (a) Consultations between agencies and Commission; procedure. (b) Exceptions to consultation procedure. (c) Approval of District Government buildings within central area; time for transmittal of approval or disapproval of such buildings. (d) Additional procedure for consultation on developments and projects within environs. (e) Intent of section; interchange of plans, data, etc. 71e. Repealed. 71f. Capital improvements. (a) Six-year program of public works; recommendations and annual review; submission of advance programs. (b) Submission of multiyear capital improvement plan. 71g. Zoning regulations and maps, and subdivision of lands. (a) Amendments of zoning regulations and maps. (b) Further reports on proposed amendments. (c) Performance of functions by Zoning Committee of National Capital Planning Commission. (d) Recommendations as to platting and subdividing lands; procedure. 71h. Transfer of functions to Commission. 71i. Authorization of appropriations to carry out sections 71 to 71i. 72. Acquisition of land by Commission. 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property. 72b. Lease of lands acquired for park, parkway, or playground purposes. 72c. Power to sell lands. 72d. Expenses of land sales. 72e. Execution of deeds to lands. 73. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District. 74. Annual reports of Commission to Congress; estimates for Office of Management and Budget. 74a. Sale by the Secretary of the Interior of lands no longer needed for public purposes. 74b. Sale to highest bidder; rights of abutting owner. 74c. Expenses of sale; disposition of proceeds. 75 to 78. Omitted or Repealed. 79. Transfers of jurisdiction between Director of National Park Service and Mayor of District of Columbia. 80, 81. Omitted. 82. Public spaces resulting from filling of canals under jurisdiction of Director. 83 to 88. Omitted. 89. Potomac Park; temporary occupancy by Department of Agriculture. 90 to 99. Omitted or Repealed. 100. Part of Washington Aqueduct for playground purposes. 101. Laws of District extended to public buildings and grounds. 102. Ailanthus trees prohibited. 103. Trees, shrubs, and plants, in greenhouses and nursery. 104. Commission of Fine Arts. 105. Secretary and executive officer. 106. Authorization of appropriations. 107 to 112a. Omitted or Repealed. 113. Delivery of fuel for use during ensuing fiscal year. 114 to 120. Repealed or Omitted. 121. Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits. 122. Jurisdiction over public lands; transfer by Federal and District authorities. 123. Effect of section 122 on existing laws. 124. Theodore Roosevelt Island; administration; development. 125. Means of access; care, maintenance, and improvements; appropriation; Theodore Roosevelt Island. 126. Erection of monument or memorial and related structures; authorization of appropriations; Theodore Roosevelt Island. 127. Designation in documents, etc.; Theodore Roosevelt Island. 128. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions. 129. Lease of building space by wholly owned Government corporations; rental. 129a. Courthouse construction authorized; cost; repayment to United States. 130. Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space. 130a. Authorization of appropriations. 131. Development of Washington metropolitan region; necessity for coordination. 132. Declaration of policy; coordinated development and management. 133. Priority projects; water supply, sewage disposal, water pollution, and transportation. 134. Study of final report of Joint Committee on Washington Metropolitan Problems; recommendations. 135. 'Washington metropolitan region' defined. 136. National Capital Service Area. (a) Establishment. (b) National Capital Service Director. (c) Personnel; compensation. (d) Omitted. (e) Presidential report to Congress. (f) Boundaries. (g) Presidential survey; map and description. (h) Creation of National Capital Service Area not to affect existing provisions covering buildings and grounds within Area; availability of services and facilities. (i) Continued application of laws, rules, and regulations covering areas within National Capital Service Area. (j) Residency within National Capital Service Area. -CROSS- CROSS REFERENCES Reorganization of Executive Agencies, see Executive Order No. 6166, Sec. 1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation. ------DocID 43792 Document 38 of 816------ -CITE- 40 USC Sec. 1 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 1. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644 -MISC1- Section, act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269, related to control and allotment of space in public buildings in District of Columbia. ------DocID 43793 Document 39 of 816------ -CITE- 40 USC Sec. 1a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 1a. Repealed. June 30, 1949, ch. 288, title I, Sec. 103(b), 63 Stat. 380 -MISC1- Section, act July 9, 1943, ch. 210, 57 Stat. 390, related to compensation of former Commissioner of Public Buildings. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1949, pursuant to section 505 of act June 30, 1949. ------DocID 43794 Document 40 of 816------ -CITE- 40 USC Sec. 2 to 5 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 2 to 5. Omitted -COD- CODIFICATION Section 2, act Feb. 26, 1925, ch. 339, Sec. 1, 43 Stat. 983, which established the Office of Public Buildings and Public Parks of the National Capital, was omitted in view of abolition of this office and transfer of its functions to the National Park Service by Ex. Ord. No. 6166, Sec. 2, June 10, 1933, set out under section 901 of Title 5, Government Organization and Employees. Section 3, acts Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, which abolished the commission in charge of Department of State Building and transferred duties of commission and superintendent thereof to Director of National Park Service, was omitted in view of transfer of functions of National Park Service to Public Buildings Administration in Federal Works Agency by Reorg. Plan No. I of 1939, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix to Title 5, Government Organization and Employees, and the subsequent abolition of Federal Works Agency and transfer of its functions to Administrator of General Services Administration by act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380, which enacted section 753 of this title. Section 4, act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389, abolished the Office of Public Buildings and Grounds and transferred its functions and duties to Director of the National Park System. See note set out under section 3 of this title. Section 5, act Feb. 26, 1925, ch. 339, Sec. 4, 43 Stat. 983, provided officers and employees for Office of Public Buildings and Public Parks of the National Capital. See note for section 2 of this title. ------DocID 43795 Document 41 of 816------ -CITE- 40 USC Sec. 5a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 5a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(73), 65 Stat. 704 -MISC1- Section, act July 19, 1932, ch. 510, 47 Stat. 705, related to employment of landscape architects, architects, engineers, artists, etc., in connection with public buildings in the National Capital. See section 758 of this title. ------DocID 43796 Document 42 of 816------ -CITE- 40 USC Sec. 6 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 6. Omitted -COD- CODIFICATION Section, act Feb. 26, 1925, ch. 339, Sec. 6, 43 Stat. 984, related to the Office of Public Buildings and Public Parks of the National Capital, which was abolished by Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. ------DocID 43797 Document 43 of 816------ -CITE- 40 USC Sec. 7 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 7. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(74), 65 Stat. 704 -MISC1- Section, act July 8, 1918, ch. 139, 40 Stat. 831, related to distribution of building employees among various government office buildings. See section 754 of this title. ------DocID 43798 Document 44 of 816------ -CITE- 40 USC Sec. 7a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 7a. Omitted -COD- CODIFICATION Section, acts June 26, 1934, ch. 145, title I, 57 Stat. 176; June 27, 1944, ch. 286, title I, 58 Stat. 367; May 3, 1945, ch. 106, title I, 59 Stat. 112; Mar. 28, 1946, ch. 113, title I, 60 Stat. 65, which related to appointment of personnel by Commissioner of Public Buildings, was omitted in view of the abolition of the office of Commissioner of Public Buildings by act June 30, 1949, ch. 288, title I, Sec. 103(b), 63 Stat. 380, effective July 1, 1949. See section 758 of this title. ------DocID 43799 Document 45 of 816------ -CITE- 40 USC Sec. 8 to 13 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 8 to 13. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(75)- (80), 65 Stat. 704 -MISC1- Section 8, R.S. Sec. 1798; acts Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, related to expenditures made for repairs and improvements of public buildings and grounds in the District of Columbia. Section 9, acts Mar. 3, 1883, ch. 128, 22 Stat. 553; Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; July 3, 1930, ch. 846, 46 Stat. 907; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, directed the Federal Works Administrator to be in charge of care and maintenance of Department of State Building. Section 10, acts May 22, 1908, ch. 186, 35 Stat. 218; Mar. 28, 1918, ch. 28, Sec. 1, 40 Stat. 482; June 4, 1918, ch. 92, 40 Stat. 598; Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, authorized the Federal Works Administrator to act as superintendent of certain annex buildings. Section 11, acts Mar. 28, 1918, ch. 28, 40 Stat. 483; June 4, 1918, ch. 92, 40 Stat. 598; Feb. 26, 1925, ch. 339, Sec. 2, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, directed the Federal Works Administrator to be in charge of care and maintenance of certain temporary office buildings. Section 12, acts May 24, 1922, ch. 199, 42 Stat. 554; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care and maintenance of Interior Department, Pension Office, Patent Office, and General Land Office to Federal Works Administrator. Section 13, acts Feb. 13, 1923, ch. 72, 42 Stat. 1239; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care and maintenance of Department of Justice buildings to Federal Works Administrator. ------DocID 43800 Document 46 of 816------ -CITE- 40 USC Sec. 13a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13a. United States Supreme Court Building -STATUTE- (a) Structural and mechanical care; care and maintenance of grounds; direction of operations, maintenance and repairs; contract authority The Architect of the Capitol shall have charge of the structural and mechanical care of the United States Supreme Court Building, including the care and maintenance of the grounds, and the supplying of all mechanical furnishings and mechanical equipment for the building. The operation and maintenance of the mechanical equipment and repair of the building shall be performed under his direction and he is authorized to enter into all necessary contracts. (b) Heating and air-conditioning refrigeration expenses; deposits in Treasury of advancements to credit of Capitol Power Plant; electrical energy purchases In addition to the foregoing, any funds hereafter appropriated under authority of sections 13a to 13c of this title shall be available also for 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 hereafter provided for the Capitol Power Plant; and for the purchase of electrical energy. -SOURCE- (May 7, 1934, ch. 222, Sec. 1, 48 Stat. 668; Oct. 10, 1978, Pub. L. 95-431, title IV, 92 Stat. 1036.) -COD- CODIFICATION Existing provisions were editorially designated subsec. (a) in view of amendment by Pub. L. 95-431 which added subsec. (b) without designating existing provisions as subsec. (a). -MISC3- AMENDMENTS 1978 - Subsec. (b). Pub. L. 95-431 added subsec. (b). CARE OF BUILDING AND GROUNDS Pub. L. 101-162, title IV, Nov. 21, 1989, 103 Stat. 1010, provided: 'That for fiscal year 1990 and hereafter, funds appropriated under this heading (Supreme Court of the United States and care of the building and grounds) shall be available for improvements, maintenance, repairs, equipment, supplies, materials, and appurtenances; special clothing for workmen; and personal and other services (including temporary labor without regard to the Classification and Retirement Acts, as amended); and for snow removal by hire of men and equipment or under contract, and for the replacement of electrical transformers containing polychlorinated biphenyls, both without compliance with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13b, 1204 of this title. ------DocID 43801 Document 47 of 816------ -CITE- 40 USC Sec. 13b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13b. Structural, mechanical, and grounds employees; Supreme Court Building and grounds -STATUTE- Employees required for the performance of the provisions of section 13a(a) of this title shall be (a) appointed by the Architect of the Capitol with the approval of the Chief Justice of the United States; (b) compensated in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5; and (c) be subject to the provisions of subchapter III of chapter 83 of title 5. -SOURCE- (May 7, 1934, ch. 222, Sec. 2, 48 Stat. 668; Oct. 28, 1949, ch. 782, title XI, Sec. 1106(a), 63 Stat. 972; Oct. 10, 1978, Pub. L. 95-431, title IV, 92 Stat. 1036.) -COD- CODIFICATION In clause (b), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification of 1949, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. In clause (c), 'subchapter III of chapter 83 of title 5' 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)' to reflect the enactment of Title 5 by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1978 - Pub. L. 95-431 substituted 'section 13a(a) of this title' for 'the foregoing' which had been translated as 'the provisions of section 13a of this title'. 1949 - Act Oct. 28, 1949, substituted 'Classification Act of 1949' for 'Classification Act of 1923'. REPEALS Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6, 1966, Sec. 8, 80 Stat. 632, 655. ------DocID 43802 Document 48 of 816------ -CITE- 40 USC Sec. 13c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13c. Domestic care and custody; superintendent; Supreme Court Building -STATUTE- All other duties and work required for the operation, domestic care, and custody of the building shall be performed under the direction of the Marshal of the Supreme Court of the United States, who shall be superintendent of the United States Supreme Court Building. -SOURCE- (May 7, 1934, ch. 222, Sec. 3, 48 Stat. 668; June 25, 1948, ch. 646, Sec. 27, 62 Stat. 990.) -MISC1- AMENDMENTS 1948 - Act June 25, 1948, struck out provision relating to custodial employees. See section 672 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. ------DocID 43803 Document 49 of 816------ -CITE- 40 USC Sec. 13d -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13d. Repealed. June 25, 1948, ch. 646, Sec. 39, 62 Stat. 992 -MISC1- Section, act May 7, 1934, ch. 222, Sec. 4, 48 Stat. 668, related to disbursement of appropriations by Marshal. See section 672 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, see section 38 of act June 25, 1948. ------DocID 43804 Document 50 of 816------ -CITE- 40 USC Sec. 13e -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13e. Care and maintenance of Oliver Wendell Holmes Garden -STATUTE- After the completion and dedication of the Oliver Wendell Holmes Garden, it shall be maintained and cared for by the Architect of the Capitol in accordance with the provisions of law applicable with respect to the maintenance and care of the grounds of the United States Supreme Court Building. -SOURCE- (Oct. 22, 1940, ch. 908, Sec. 6, 54 Stat. 1208.) -CROSS- CROSS REFERENCES Maintenance and care of Supreme Court Building, see sections 13a to 13c of this title and section 672 of Title 28, Judiciary and Judicial Procedure. ------DocID 43805 Document 51 of 816------ -CITE- 40 USC Sec. 13f -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13f. Supreme Court Building and grounds; policing; designation of members of the Supreme Court Police -STATUTE- The Marshal of the Supreme Court of the United States, under the general supervision and direction of the Chief Justice of the United States, may designate employees of the Supreme Court as members of the Supreme Court Police, without additional compensation. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 1, 63 Stat. 616; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(a), 96 Stat. 1957.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-390 substituted 'members of the Supreme Court Police' for 'special policemen' and struck out provisions relating to duties of such special policemen. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. ------DocID 43806 Document 52 of 816------ -CITE- 40 USC Sec. 13g -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13g. Restriction of public travel; Supreme Court grounds -STATUTE- Public travel in and occupancy of the Supreme Court grounds is restricted to the sidewalks and other paved surfaces. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 2, 63 Stat. 616.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43807 Document 53 of 816------ -CITE- 40 USC Sec. 13h -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13h. Sale of articles; signs; solicitation; Supreme Court Building and grounds -STATUTE- It shall be unlawful to offer or expose any article for sale in the Supreme Court Building or grounds; to display any sign, placard, or other form of advertisement therein; or to solicit fares, alms, subscriptions, or contributions therein. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 3, 63 Stat. 616.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43808 Document 54 of 816------ -CITE- 40 USC Sec. 13i -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13i. Injuries to property; Supreme Court Building and grounds -STATUTE- It shall be unlawful to step or climb upon, remove, or in any way injure any statue, seat, wall, fountain, (FOOTNOTE 1) or other erection or architectural feature, or any tree, shrub, plant, or turf in the Supreme Court Building or grounds. (FOOTNOTE 1) See Codification note below. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 4, 63 Stat. 617.) -COD- CODIFICATION The word 'fountain', appearing in text, conforms to the original text as signed into law by the President. Typographical error was made in printing the law in the Statutes-at-Large (63 Stat. 617) wherein the word appears as 'foundation'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43809 Document 55 of 816------ -CITE- 40 USC Sec. 13j -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13j. Firearms or fireworks; speeches; objectionable language; Supreme Court Building and grounds -STATUTE- It shall be unlawful to discharge any firearm, firework or explosive, set fire to any combustible, make any harangue or oration, or utter loud, threatening, or abusive language in the Supreme Court Building or grounds. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 5, 63 Stat. 617.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43810 Document 56 of 816------ -CITE- 40 USC Sec. 13k -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13k. Parades or assemblages; display of flags; Supreme Court Building and grounds -STATUTE- It shall be unlawful to parade, stand, or move in processions or assemblages in the Supreme Court Building or grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 6, 63 Stat. 617.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13l, 13m, 13n, 13o, 13p of this title. ------DocID 43811 Document 57 of 816------ -CITE- 40 USC Sec. 13l -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13l. Rules and regulations; posting in public place; availability to public -STATUTE- (a) In addition to the restrictions and requirements specified in sections 13g to 13k of this title, the Marshal of the Supreme Court may prescribe such regulations, approved by the Chief Justice of the United States, as may be deemed necessary for the adequate protection of the Supreme Court Building and grounds and of persons and property therein, and for the maintenance of suitable order and decorum within the Supreme Court Building and grounds. (b) All regulations prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonably available to the public in writing. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 7, 63 Stat. 617; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(b), 96 Stat. 1957.) -MISC1- AMENDMENTS 1982 - Subsec. (b). Pub. L. 97-390 substituted 'prescribed under this section shall be posted in a public place at the Supreme Court Building and shall be made reasonable available to the public in writing' for 'promulgated under the authority of this section shall be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13m, 13n, 13p of this title. ------DocID 43812 Document 58 of 816------ -CITE- 40 USC Sec. 13m -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13m. Penalties; Supreme Court Building and grounds -STATUTE- Whoever violates any provision of sections 13g to 13k of this title, or of any regulation prescribed under section 13l of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States Attorney or any of his assistants: Provided, That in any case where, in the commission of any such offense, public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 8, 63 Stat. 617; Oct. 23, 1962, Pub. L. 87-873, Sec. 1, 76 Stat. 1171; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; July 29, 1970, Pub. L. 91-358, title I, Sec. 111, 84 Stat. 475.) -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provided that such change is effective first day of seventh calendar month which begins after July 29, 1970. Municipal Court for the District of Columbia redesignated District of Columbia Court of General Sessions by Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat. 1171, and Pub. L. 88-60, Sec. 1, July 8, 1963, 77 Stat. 77. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. ------DocID 43813 Document 59 of 816------ -CITE- 40 USC Sec. 13n -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13n. Policing authority -STATUTE- (a) Authority of Marshal of the Supreme Court and Supreme Court Police The Marshal of the Supreme Court and the Supreme Court Police shall have authority, in accordance with regulations prescribed by the Marshal and approved by the Chief Justice of the United States - (1) to police the Supreme Court Building and grounds, and adjacent streets for the purpose of protecting persons and property; (2) in any part of the United States, to protect - (A) the person of the Chief Justice of the United States, any Associate Justice of the Supreme Court, and any official guest of the Supreme Court; and (B) the person of any officer or employee of the Supreme Court while such officer or employee is engaged in the performance of official duties; (3) in the performance of duties necessary for carrying out paragraph (1) of this subsection, to make arrests for any violation of a law of the United States or any State and any regulation under such law; (4) in the performance of duties necessary for carrying out paragraph (2) of this subsection, to make arrests for any violation of a law of the United States and any regulation under such law; and (5) to carry firearms as may be required for the performance of duties under sections 13f to 13p of this title. (b) Authority of Metropolitan police force of the District of Columbia The Metropolitan police force of the District of Columbia are (FOOTNOTE 1) authorized to make arrests within the Supreme Court Building and grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Marshal of the Supreme Court or his assistants, to enter the Supreme Court Building to make arrests in response to complaints or to serve warrants or to patrol the Supreme Court Building or grounds. (FOOTNOTE 1) So in original. Probably should be 'is'. (c) Termination of authority; reporting requirements; duties with respect to an official guest of Supreme Court The authority created under subsection (a)(2) of this section shall expire on December 29, 1993. 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. Duties under subsection (a)(2)(A) of this section with respect to an official guest of the Supreme Court in any part of the United States (other than the District of Columbia, Maryland, and Virginia) shall be authorized in writing by the Chief Justice of the United States or an Associate Justice of the Supreme Court, if such duties require the carrying of firearms under subsection (a)(5) of this section. (d) Definitions As used in sections 13f to 13p of this title, the term - (1) 'official guest of the Supreme Court' means an individual who is a guest of the Supreme Court, as determined by the Chief Justice of the United States or any Associate Justice of the Supreme Court; (2) 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; and (3) 'United States', when used in a geographical sense, means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 9, 63 Stat. 617; Dec. 24, 1973, Pub. L. 93-198, title VII, Sec. 739(g)(8), 87 Stat. 829; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(c), 96 Stat. 1957; Dec. 26, 1985, Pub. L. 99-218, 99 Stat. 1729; Oct. 16, 1986, Pub. L. 99-492, Sec. 1, 100 Stat. 1240; Oct. 25, 1990, Pub. L. 101-462, 104 Stat. 1079.) -MISC1- AMENDMENTS 1990 - Subsec. (c). Pub. L. 101-462 substituted '1993' for '1990'. 1986 - Subsec. (c). Pub. L. 99-492 substituted 'on December 29, 1990' for 'one year after the date of the enactment of this subsection'. 1985 - Subsec. (c). Pub. L. 99-218, in amending subsec. (c) generally, substituted 'one year after December 26, 1985' for 'three years after December 29, 1982', and struck out 'During the three-year effective period of subsection (a)(2) of this section' before 'The Marshal of the Supreme Court shall report'. 1982 - Subsec. (a). Pub. L. 97-390, Sec. 1(c)(1), substituted provisions of subsec. (a) for provisions formerly preceding proviso which read as follows: 'The special police provided for in section 13f of this title shall have the power, within the Supreme Court Building and grounds and adjacent streets, to enforce and make arrests for violations of any provision of sections 13g to 13k of this title, or any regulation prescribed under section 13l of this title or of any law of the United States, any law of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto'. Subsec. (b). Pub. L. 97-390, Sec. 1(c)(1), designated as subsec. (b) the provisions formerly set out in the form of a proviso dealing with the authority of the Metropolitan police force of the District of Columbia. Subsecs. (c), (d). Pub. L. 97-390, Sec. 1(c)(2), added subsecs. (c) and (d). 1973 - Pub. L. 93-198 substituted ', any law of the District of Columbia, or of any State,' for 'or of any State'. EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 13p of this title. ------DocID 43814 Document 60 of 816------ -CITE- 40 USC Sec. 13o -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13o. Suspension of prohibitions against use of Supreme Court grounds -STATUTE- In order to permit the observance of authorized ceremonies within the Supreme Court Building and grounds, the Marshal of the Supreme Court of the United States may suspend for such occasions so much of the prohibitions contained in sections 13g to 13k of this title, as may be necessary for the occasion, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Marshal, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the Supreme Court Building and grounds and of persons and property therein. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 10, 63 Stat. 617.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 13p of this title. ------DocID 43815 Document 61 of 816------ -CITE- 40 USC Sec. 13p -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 13p. Area of Supreme Court grounds -STATUTE- For the purposes of sections 13f to 13p of this title the Supreme Court grounds shall be held to extend to the line of the face of the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; to the line of the face of the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; to the line of the face of the west curb of Second Street Northeast, between Maryland Avenue Northeast and East Capitol Street; and to the line of the face of the north curb of East Capitol Street between First Street Northeast and Second Street Northeast. 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 comprised of 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 United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building. -SOURCE- (Aug. 18, 1949, ch. 479, Sec. 11, 63 Stat. 617; Dec. 29, 1982, Pub. L. 97-390, Sec. 1(d), 96 Stat. 1958.) -MISC1- AMENDMENTS 1982 - Pub. L. 97-390 inserted provision that in addition to the property already referred to, for the purposes of sections 13f to 13p of this title, the Supreme Court grounds are comprised of 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 United States in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the United States Supreme Court Building. UNITED STATES SUPREME COURT BUILDING; ACQUISITION OF CERTAIN REAL PROPERTY Pub. L. 96-532, Dec. 15, 1980, 94 Stat. 3130, as amended by Pub. L. 97-390, Sec. 3, Dec. 29, 1982, 96 Stat. 1958, provided: 'That the Architect of the Capitol is authorized to acquire on behalf of the United States by purchase, condemnation, transfer, or otherwise, as an addition to the grounds of the United States Supreme Court Building, all privately owned real property contained in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia, as such lots appear on the records in the office of the Surveyor of the District of Columbia as of the date of the enactment of this Act (Dec. 15, 1980). 'Sec. 2. The acquisition of real property under this Act shall be conducted in accordance with the Act entitled 'Uniform Relocation Assistance and Land Acquisition Policies Act of 1970', Public Law 91-646, approved January 2, 1971 (42 U.S.C. 4601 et seq.), and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (16 D.C. Code, secs. 1351-1368). 'Sec. 3. Upon acquisition of such real property by the Architect of the Capitol, on behalf of the United States, such property shall become a part of the grounds of the United States Supreme Court Building and shall be subject to all of the provisions of the Act entitled 'An Act to provide for the custody and maintenance of the United States Supreme Court Building and the equipment and grounds thereof', approved May 7, 1934 (40 U.S.C. 13a-13c), and section 6 of the joint resolution entitled 'Joint resolution to provide for the use and disposition of the bequest of the late Justice Oliver Wendell Holmes to the United States, and for other purposes', approved October 22, 1940 (40 U.S.C. 13e). 'Sec. 4. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act. 'Sec. 5. There is hereby authorized to be appropriated the sum of $645,000 for fiscal year 1981 for the purpose of carrying out the provisions of this Act, said appropriation to remain available until expended.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 13n, 136 of this title. ------DocID 43816 Document 62 of 816------ -CITE- 40 USC Sec. 14 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 14. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(80), 65 Stat. 704 -MISC1- Section, act Feb. 13, 1923, ch. 72, 42 Stat. 1239, related to care, maintenance, etc., of Department of Commerce buildings. ------DocID 43817 Document 63 of 816------ -CITE- 40 USC Sec. 14a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 14a. Repealed. Pub. L. 92-317, Sec. 3(f), June 22, 1972, 86 Stat. 235 -MISC1- Section, act Apr. 29, 1926, ch. 195, title III, 44 Stat. 356, related to care, maintenance etc., of Bureau of Standards building. See section 278e of Title 15, Commerce and Trade. ------DocID 43818 Document 64 of 816------ -CITE- 40 USC Sec. 15 to 18 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 15 to 18. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(80), (81), 65 Stat. 704 -MISC1- Section 15, acts Feb. 13, 1923, ch. 72, 42 Stat. 1239; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Labor Department Buildings to the Federal Works Administrator. Section 16, acts Apr. 4, 1924, ch. 84, title I, 43 Stat. 66; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Treasury Department Annex building to the Federal Works Administrator. Section 17, acts Feb. 13, 1923, ch. 72, 42 Stat. 1240; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Civil Service Commission buildings to the Federal Works Administrator. Section 18, acts Feb. 13, 1923, ch. 72, 42 Stat. 1240; Feb. 26, 1925, ch. 339, Sec. 1-6, 43 Stat. 983, 984; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, transferred care, maintenance, and protection of Interstate Commerce Commission buildings to the Federal Works Administrator. ------DocID 43819 Document 65 of 816------ -CITE- 40 USC Sec. 18a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 18a. Repealed. May 27, 1930, ch. 341, 46 Stat. 394 -MISC1- Section, act Mar. 4, 1929, ch. 707, Sec. 1, 45 Stat. 1625, related to care, maintenance, etc., of Mount Weather, Virginia. ------DocID 43820 Document 66 of 816------ -CITE- 40 USC Sec. 19 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 19. Supervision of public buildings and grounds in District of Columbia not otherwise provided for by law; eviction of trespassers -STATUTE- The Administrator of General Services shall have charge of the public buildings and grounds in the District of Columbia, under such regulations as may be prescribed by the President, except those buildings and grounds which are otherwise provided for by law; and when it shall be made to appear to the said Administrator of General Services, or to the officer under his direction having immediate charge of said public buildings and grounds, that any person or persons is in unlawful occupation of any portion of said public lands in the District of Columbia, it shall be the duty of said officer in charge thereof to notify the marshal of the District of Columbia in writing of such unlawful occupation, and the said marshal shall thereupon cause the said trespasser or trespassers to be ejected from said lands, and shall restore possession of the same to the officer charged by law with the custody thereof. -SOURCE- (R.S. 1797; Apr. 28, 1902, ch. 594, 32 Stat. 152; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -COD- CODIFICATION R.S. Sec. 1797 derived from acts Aug. 4, 1854, ch. 242, Sec. 15, 10 Stat. 573; Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466; Feb. 14, 1874, ch. 22, 18 Stat. 14. R.S. Sec. 1797, as amended by act Apr. 28, 1902, gave the charge of public buildings and grounds in the District of Columbia to the Chief of Engineers. The former contained only the provision that the Chief of Engineers should have charge of public buildings and grounds and ended with the words, 'otherwise provided for by law.' The amendatory act of 1902 added the provisions beginning with the words, 'and when it shall be made to appear,' etc., to the end of the section. -TRANS- TRANSFER OF FUNCTIONS Functions with respect to the operation, maintenance, and custody of office buildings owned by Government and of office or parts thereof acquired by lease, including those post-office buildings which, as determined by Director of Bureau of the Budget, are not used predominantly for post-office purposes, with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 2 of Reorg. Plan No. 18 of 1950, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. Sections 301 and 303 of that Plan also transferred Public Buildings Branch of Procurement Division in Treasury Department, to Public Buildings Administration, at head of which was Commissioner of Public Buildings who acted under direction and supervision of Federal Works Administrator. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166, set out as a note under section 901 of Title 5. Name of Office of National Parks, Buildings and Reservations changed to 'National Park Service' by act Mar. 2, 1934. Office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -MISC5- TRANSFER OF TITLE OF WHOLLY OWNED GOVERNMENT CORPORATIONS' BUILDINGS; CONTROL AND ALLOTMENT OF SPACE Act July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584, provided in part: 'Title to all office buildings at the seat of government, which are owned by wholly owned Government corporations, and all right, title, or interest of such corporations in the land upon which such buildings are located are hereby transferred to the United States, and the Secretary of the Treasury is authorized and directed to discharge the indebtedness to the Treasury of any corporation holding such rights, title, or interests in any such land or building to the value thereof as determined by the Secretary of the Treasury as of the date of transfer: Provided, That in case of disagreement on the part of the head of the Corporation with respect to said value as determined, the Administrator of the Federal Works Agency shall make a final determination of the property value. Hereafter, such buildings shall be controlled and managed in the same manner as prescribed in the Act of March 1, 1919, as amended (former section 1 of this title).' -CROSS- CROSS REFERENCES Draping of public buildings in mourning, see section 286 of this title. Improper use of streets, see section 66 of this title. Lease of building space by wholly owned Government corporations, and rental, see section 129 of this title. Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Use of buildings for public ceremonies, see section 31 of this title. Vending stands for blind in Federal buildings, see section 107 et seq. of Title 20, Education. ------DocID 43821 Document 67 of 816------ -CITE- 40 USC Sec. 20, 21 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 20, 21. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(79), (82), 65 Stat. 704 -MISC1- Section 20, R.S. Sec. 1812, related to an annual report of operations in connection with public buildings and grounds. See section 492 of this title. Section 21, act May 24, 1922, ch. 199, 42 Stat. 554, related to manufacture and sale of ice, electricity, and steam to executive departments and independent agencies. ------DocID 43822 Document 68 of 816------ -CITE- 40 USC Sec. 22 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22. Omitted -COD- CODIFICATION Section, acts June 23, 1913, ch. 3, 38 Stat. 25; June 12, 1917, ch. 27, 40 Stat. 112; July 3, 1930, ch. 846, 46 Stat. 907, authorized construction of a central heating, lighting, and power plant to furnish heat, light, and power for certain buildings in Washington, D.C. Act June 12, 1917, ch. 27, 40 Stat. 112, authorized Secretary of the Treasury, in his discretion, to include among the buildings supplied by the central heating, lighting, and power plant, the Pan American Building, the building occupied by the Civil Service Commission, and the municipal fish market. Act Mar. 4, 1931, ch. 522, 46 Stat. 1604, provided an appropriation for a central heating plant for buildings in the Triangle, the Treasury group, Museum group, Department of Agriculture group, Bureau of Engraving and Printing group, and the Washington Monument, in lieu of the requirement under act June 23, 1913, supra, as amended. Act Mar. 3, 1933, ch. 212, 47 Stat. 1502, purported to amend act Mar. 4, 1931, supra, 'so as to include the Pan American Union Buildings, old and new, and the American Red Cross Building: Provided, That the Pan American Union and the American Red Cross agree (a) to reimburse the United States for the cost of connecting such buildings with the Government mains, and (b) to pay for heat furnished at such rates, not less than cost, as may be determined by the Secretary of the Treasury.' ------DocID 43823 Document 69 of 816------ -CITE- 40 USC Sec. 22a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22a. Heat for Corcoran Gallery of Art -STATUTE- The Administrator of General Services is authorized to furnish heat from the Central Heating Plant to the Corcoran Gallery of Art: Provided, That the proper authority of such institution agrees (a) to pay for heat furnished at such rates, not less than cost, as may be determined by the Administrator of General Services, and (b) to connect such building with the Government mains in a manner satisfactory to the Administrator of General Services. -SOURCE- (June 19, 1934, ch. 648, title I, 48 Stat. 1044; 1939 Reorg. Plan No. I, Sec. 301, 303, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions to General Services Administrator, see note set out under section 19 of this title. This section originally authorized Treasury Department to furnish heat from Central Heating Plant under act June 19, 1934. Public Buildings Branch of Procurement Division in Treasury Department and its functions and personnel transferred to Public Buildings Administration of Federal Works Agency by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43824 Document 70 of 816------ -CITE- 40 USC Sec. 22b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22b. Heat for Board of Governors of the Federal Reserve System -STATUTE- The Administrator of General Services is authorized to furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which has been acquired by it in squares east of 87 and east of 88 in the District of Columbia: Provided, That the Board of Governors of the Federal Reserve System agrees to pay for the steam furnished at reasonable rates, not less than cost, as may be determined by the Administrator of General Services: Provided further, That the Board of Governors of the Federal Reserve System agrees to provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator of General Services. -SOURCE- (June 27, 1935, ch. 320, Sec. 1, 49 Stat. 425; Aug. 23, 1935, ch. 614, Sec. 203(a), 49 Stat. 704; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -CHANGE- CHANGE OF NAME Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions to General Services Administrator, see note set out under section 19 of this title. This section originally authorized Secretary of the Interior through National Park Service to furnish heat from Central Heating Plant under act June 27, 1935. Branch of Buildings Management of National Park Service and its functions and personnel transferred to Public Buildings Administration of Federal Works Agency by Reorg. Plan. No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- REPEAL OF INCONSISTENT ACTS Section 3 of act June 27, 1935 provided that: 'All Acts and parts of Acts which may be inconsistent or in conflict with this Act (enacting sections 22b and 22c of this title) are hereby repealed to the extent of such inconsistency or conflict.' -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43825 Document 71 of 816------ -CITE- 40 USC Sec. 22c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 22c. Rates for heat for non-Federal public buildings -STATUTE- On and after June 27, 1935 the rates to be paid for steam furnished to the Corcoran Gallery of Art, the buildings, old and new, of the Pan American Union, the American Red Cross Buildings, and such other non-Federal public buildings as are or hereafter may be authorized to receive steam from the central heating plant shall be determined by the Administrator of General Services. -SOURCE- (June 27, 1935, ch. 320, Sec. 2, 49 Stat. 425; 1939 Reorg. Plan No. I, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions to General Services Administrator, see note set out under section 19 of this title. This section originally provided that Secretary of the Interior should determine rates to be paid for steam. Functions of Secretary of the Interior relating to administration of functions of Branch of Buildings Management transferred to Federal Works Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43826 Document 72 of 816------ -CITE- 40 USC Sec. 23, 24 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 23, 24. Repealed. Pub. L. 86-249, Sec. 17(1), (2), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section 23, act Sept. 1, 1916, ch. 433, Sec. 6, 39 Stat. 716, prescribed maximum rates payable to Washington Gas Light Company or Georgetown Gas Light Company for gas used in any public buildings of the United States or the District of Columbia. Section 24, act Mar. 4, 1911, ch. 285, 36 Stat. 1404, related to sum payable for lighting gas and electric lamps in public grounds. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 43827 Document 73 of 816------ -CITE- 40 USC Sec. 25 to 27 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 25 to 27. Omitted -COD- CODIFICATION Section 25, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, related to amount to be paid as rentals for gas governors in certain public buildings, and was not repeated in subsequent appropriations acts. Section 26, act Apr. 17, 1936, ch. 233, 49 Stat. 1224, related to inspection of gas and electric meters, and was not repeated in subsequent appropriations acts. Section 27, acts July 31, 1876, ch. 246, 19 Stat. 115; Mar. 3, 1877, ch. 105, 19 Stat. 359; June 10, 1921, ch. 18, Sec. 301, 304, 42 Stat. 23, 24, related to reports of gas consumption. ------DocID 43828 Document 74 of 816------ -CITE- 40 USC Sec. 27a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 27a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(83), 65 Stat. 704 -MISC1- Section, act Aug. 9, 1937, ch. 570, 50 Stat. 608, related to monthly reports of consumption of gas and electricity to General Accounting Office. ------DocID 43829 Document 75 of 816------ -CITE- 40 USC Sec. 28 to 30a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 28 to 30a. Omitted -COD- CODIFICATION Section 28, acts Feb. 4, 1874, ch. 22, 18 Stat. 14; June 20, 1874, ch. 328, 18 Stat. 88; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Or. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, related to telegraph lines connecting the Capitol with various departments in Washington. Section 29, acts Mar. 7, 1874, ch. 50, 18 Stat. 20, restricted use of telegraph lines to certain authorized persons. Section 30, acts Mar. 3, 1879, ch. 182, 20 Stat. 388; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Or. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389, related to sale of condemned materials or lines. Section 30a, acts Dec. 20, 1928, ch. 39, title I, 45 Stat. 1048; Mar. 15, 1930, ch. 289, title I, 46 Stat. 358; Feb. 23, 1931, ch. 277, title I, 46 Stat. 1235; July 5, 1932, ch. 430, title I, 47 Stat. 596; Mar. 3, 1933, ch. 212, title I, 47 Stat. 1506; Mar. 15, 1934, ch. 70, title I, 48 Stat. 442, authorized Secretary of the Treasury to contract for telephone service in public buildings under the control of Treasury Department. ------DocID 43830 Document 76 of 816------ -CITE- 40 USC Sec. 31 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 31. Use of public buildings for public ceremonies -STATUTE- No public building, or the approaches thereto, other than the Capitol Building and the White House, in the District of Columbia, shall be used or occupied in any manner whatever in connection with ceremonies attending the inauguration of President of the United States or other public function, except as may be expressly authorized by law. -SOURCE- (Apr. 28, 1902, ch. 594, 32 Stat. 152.) ------DocID 43831 Document 77 of 816------ -CITE- 40 USC Sec. 32, 33 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 32, 33. Repealed. Pub. L. 86-249, Sec. 17(3), (4), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section 32, act July 15, 1870, ch. 293, 16 Stat. 311, related to alterations or work on Treasury Building. See section 601 et seq. of this title. Section 33, act Mar. 4, 1907, ch. 2918, Sec. 9, 34 Stat. 1371; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; act June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380; 1950 Reorg. Plan No. 18, Sec. 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, restricted expenditures for production of electricity. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 43832 Document 78 of 816------ -CITE- 40 USC Sec. 33a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 33a. Omitted -COD- CODIFICATION Section, Pub. L. 87-125, title V, Sec. 507, Aug. 3, 1961, 75 Stat. 283, which prohibited use of funds available to wholly owned Government corporations for purchase or construction of office buildings without specific authority in law, was from the General Government Matters, Department of Commerce, and Related Agencies Appropriation Act, 1962, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriations acts: July 12, 1960, Pub. L. 86-642, title II, Sec. 207, 74 Stat. 478. July 8, 1959, Pub. L. 86-79, title II, Sec. 207, 73 Stat. 166. June 25, 1958, Pub. L. 85-468, title II, Sec. 207, 72 Stat. 225. June 5, 1957, Pub. L. 85-48, title II, Sec. 207, 71 Stat. 54. June 13, 1956, ch. 385, title II, Sec. 207, 70 Stat. 281. June 29, 1955, ch. 226, title II, Sec. 207, 69 Stat. 196. Aug. 26, 1954, ch. 935, ch. XIII, Sec. 1307, 68 Stat. 829. Aug. 7, 1953, ch. 340, ch. XIII, Sec. 1307, 67 Stat. 436. July 15, 1952, ch. 758, ch. XIV, Sec. 1407, 66 Stat. 660. Nov. 1, 1951, ch. 664, ch. XIII, Sec. 1307, 65 Stat. 756. Sept. 6, 1950, ch. 869, title XII, Sec. 1207, 64 Stat. 764. Aug. 24, 1949, ch. 506, title III, Sec. 307, 63 Stat. 662. June 30, 1948, ch. 773, title III, Sec. 302, 62 Stat. 1194. July 30, 1947, ch. 358, title III, Sec. 302, 61 Stat. 583. July 20, 1946, ch. 589, title III, Sec. 302, 60 Stat. 595. ------DocID 43833 Document 79 of 816------ -CITE- 40 USC Sec. 34 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 34. Rent of buildings in District of Columbia; contracts not to be made until appropriation -STATUTE- No contract shall be made for the rent of any building, or part of any building, to be used for the purposes of the Government in the District of Columbia, until an appropriation therefor shall have been made in terms by Congress, and this clause shall be regarded as notice to all contractors or lessors of any such building or any part of building. -SOURCE- (Mar. 3, 1877, ch. 106, 19 Stat. 370.) -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Section inapplicable to lease-purchase contracts, see section 356 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 356 of this title; title 15 section 2076; title 19 section 2081; title 26 section 7608; title 42 sections 242b, 282, 285a-2, 285b-3, 299c-4, 300cc-41, 1532, 2473. ------DocID 43834 Document 80 of 816------ -CITE- 40 USC Sec. 35 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 35. Rent of other buildings -STATUTE- Where buildings are rented for public use in the District of Columbia, the executive departments are authorized, whenever it shall be advantageous to the public interest, to rent others in their stead: Provided, That, except as otherwise provided, no increase in the number of buildings in use, nor in the amounts paid for rents, shall result therefrom. -SOURCE- (Aug. 5, 1882, ch. 389, 22 Stat. 241.) -COD- CODIFICATION Act Aug. 5, 1882, did not contain 'except as otherwise provided,'. The word 'now' after 'buildings' in the proviso was eliminated. Section is based on Legislative, Executive, and Judicial Appropriation Act of Aug. 5, 1882, fiscal year 1883. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43835 Document 81 of 816------ -CITE- 40 USC Sec. 36 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 36. Repealed. Pub. L. 85-493, Sec. 2, July 2, 1958, 72 Stat. 294 -MISC1- Section, acts Mar. 2, 1913, ch. 93, 37 Stat. 718; June 14, 1946, ch. 404, Sec. 6, 60 Stat. 258; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380, authorized the Commissioner of Public Buildings to enter into leases for periods not exceeding five years. See section 490 of this title. ------DocID 43836 Document 82 of 816------ -CITE- 40 USC Sec. 37 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 37. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1569 -MISC1- Section, acts July 9, 1918, ch. 143, 40 Stat. 861; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, authorized Secretary of the Army to lease buildings in District of Columbia. See sections 4780 and 9780 of Title 10, Armed Forces. ------DocID 43837 Document 83 of 816------ -CITE- 40 USC Sec. 37a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 37a. Repealed. Pub. L. 85-493, Sec. 2, July 2, 1958, 72 Stat. 294 -MISC1- Section, acts June 16, 1949, ch. 218, title IV, Sec. 407, 63 Stat. 199; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; Aug. 9, 1955, ch. 629, 69 Stat. 552, which authorized Commissioner of Public Buildings to lease additional space in District of Columbia for periods not in excess of five years. See section 490 of this title. ------DocID 6978 Document 84 of 816------ -CITE- 2 USC Sec. 40 -EXPCITE- TITLE 2 CHAPTER 3 -HEAD- Sec. 40. Deductions for withdrawal -STATUTE- When any Member or Delegate withdraws from his seat and does not return before the adjournment of Congress, he shall, in addition to the sum deducted for each day, forfeit a sum equal to the amount which would have been allowed by law for his mileage in returning home; and such sum shall be deducted from his compensation, unless the withdrawal is with the leave of the Senate or House of Representatives respectively. -SOURCE- (R.S. Sec. 41.) -COD- CODIFICATION R.S. Sec. 41 derived from Res. July 17, 1862, No. 68, Sec. 2, 12 Stat. 628. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 25b of this title. ------DocID 43839 Document 85 of 816------ -CITE- 40 USC Sec. 40a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 40a. Transferred -COD- CODIFICATION Section, acts June 30, 1932, ch. 314, Sec. 322, 47 Stat. 412; Mar. 3, 1933, ch. 212, title II, Sec. 15, 47 Stat. 1517, which related to maximum rental for lease of buildings to the Government, was transferred to section 278a of this title and was subsequently repealed. ------DocID 43840 Document 86 of 816------ -CITE- 40 USC Sec. 41 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 41. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72 Stat. 1569 -MISC1- Section, acts July 8, 1918, ch. 139, 40 Stat. 826; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501, related to requisition of buildings in District of Columbia by Secretary of the Army. See sections 4780 and 9780 of Title 10, Armed Forces. ------DocID 43841 Document 87 of 816------ -CITE- 40 USC Sec. 42 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 42. Rooms and accommodations for Office of Personnel Management -STATUTE- It shall be the duty of the Administrator of General Services to cause suitable and convenient rooms and accommodations to be assigned or provided, and to be furnished, heated, and lighted, at the city of Washington, for carrying on the work of the Office of Personnel Management and the examinations provided for in sections 3304 and 3305 of title 5, and to cause the necessary stationery and other articles to be supplied and the necessary printing to be done for the said Office. -SOURCE- (Jan. 16, 1883, ch. 27, Sec. 4, 22 Stat. 405; May 29, 1920, ch. 214, 41 Stat. 642; 1950 Reorg. Plan No. 18, Sec. 1, 2, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -COD- CODIFICATION The words 'the examinations provided for in sections 3304 and 3305 of title 5' were substituted for 'said examinations', meaning the examinations provided for in section 3 of act Jan. 16, 1883, to reflect the enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1920 - Act May 29, 1920, transferred the duty under this section, as enacted originally, from the Secretary of the Interior to the Civil Service Commission. -TRANS- TRANSFER OF FUNCTIONS 'Office of Personnel Management' and 'said Office' substituted in text for 'Civil Service Commission' and 'said commission', respectively, pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred functions vested by statute in Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. Functions with respect to acquiring space in buildings by lease, 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), and functions with respect to operation, maintenance, and custody of office buildings owned by Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by Director of Bureau of the Budget, are not used predominantly for post-office purposes, with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. -CROSS- CROSS REFERENCES Contracts for rent precluded until specific appropriations therefor are made, see section 34 of this title. Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Office of Personnel Management, organization of, see section 1101 et seq. of Title 5, Government Organization and Employees. ------DocID 43842 Document 88 of 816------ -CITE- 40 USC Sec. 43 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 43. Advertisements and sales in or around Washington Monument -STATUTE- No advertisement of any kind shall be displayed and no articles of any kind shall be sold in or around the Washington Monument, except upon the written authority of the Director of the National Park Service. -SOURCE- (Mar. 4, 1909, ch. 299, 35 Stat. 997; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -COD- CODIFICATION Section is based on act Mar. 4, 1909, which appropriated funds for care and maintenance of the Washington Monument. -CHANGE- CHANGE OF NAME Act Mar. 2, 1934, changed name of Office of National Parks, Buildings, and Reservations of Department of the Interior to National Park Service. -TRANS- TRANSFER OF FUNCTIONS Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, Government Organization and Employees, abolished Office of Public Buildings and Public Parks of National Capital and transferred its functions to Office of National Parks, Buildings, and Reservations of Department of the Interior. Act Feb. 26, 1925, transferred functions of Secretary of War under this section, as enacted originally, to Directors of Public Buildings and Public Parks of National Capital. -MISC5- SIMILAR PROVISIONS Feb. 9, 1909, ch. 101, 35 Stat. 615. May 27, 1908, ch. 200, 35 Stat. 357. ------DocID 43843 Document 89 of 816------ -CITE- 40 USC Sec. 44 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 44. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(84), 65 Stat. 704 -MISC1- Section, act June 30, 1906, ch. 3912, 34 Stat. 659, related to control of fishponds in the Monument Grounds, grounds around them, and buildings thereon. ------DocID 43844 Document 90 of 816------ -CITE- 40 USC Sec. 45 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 45. Chief of Engineers; charge of Washington Aqueduct and other public works -STATUTE- The Chief of Engineers shall have the immediate superintendence of the Washington Aqueduct, together with all rights, appurtenances, and fixtures connected with the same, and belonging to the United States, and of 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. -SOURCE- (R.S. Sec. 1800.) -COD- CODIFICATION R.S. Sec. 1800 derived from acts Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106; Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 12. Act Mar. 2, 1927, ch. 271, 44 Stat. 1331, which was the District of Columbia Appropriation Act for the fiscal year 1928, provided that nothing therein should be construed as affecting the superintendence and control of the Secretary of War over said aqueduct. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 48 of this title. ------DocID 43845 Document 91 of 816------ -CITE- 40 USC Sec. 46 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 46. Compensation of Chief of Engineers -STATUTE- The Chief of Engineers shall receive no compensation, other than his regular pay as an officer of the Corps of Engineers, for the services required of him under the provisions of title 21 of the Revised Statutes. -SOURCE- (R.S. Sec. 1807.) -REFTEXT- REFERENCES IN TEXT Title 21 of the Revised Statutes, referred to in text, was in the original 'this Title', meaning title 21 of the Revised Statutes, comprising R.S. Sec. 1795 to 1835, which were classified to sections 49 to 52 of former Title 3, The President, sections 6 and 7 of former Title 4, Flag and Seal, Seat of Government and the States, section 702 of former Title 18, Criminal Code and Criminal Procedure, and sections 8, 19, 20, 45 to 52, 54 to 58, 66, 102, 166, 170, 187 to 189, 193, 206, 207, 208, 210, 211, 215, 216, 218 to 221 of this title. Such sections 49 to 52 of former Title 3 were repealed by act June 25, 1948, ch. 644, Sec. 3, 62 Stat. 672, and are covered by sections 109 and 110 of revised Title 3. Such sections 6 and 7 of former Title 4 were repealed by act July 30, 1947, ch. 389, Sec. 2, 61 Stat. 645, and are covered by sections 71 and 72 of revised Title 4. Such section 702 of former Title 18 was repealed by act June 25, 1948, ch. 645, Sec. 21, eff. Sept. 1, 1948, as covered by D.C. Code, 1940, Sec. 24-416. Such sections 8, 20, and 218 to 220 of this title were repealed by act Oct. 31, 1951, ch. 654, Sec. 1(75)-(80), (82), 3(19)-(21), 65 Stat. 704, 709. Such sections 57, 58, and 221 of this title were omitted from the Code. See notes thereunder. -COD- CODIFICATION R.S. Sec. 1807 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. ------DocID 43846 Document 92 of 816------ -CITE- 40 USC Sec. 47 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 47. Apartments of Chief of Engineers -STATUTE- The Chief of Engineers shall be furnished official apartments in one of the public buildings in the city of Washington, as may be directed by the Administrator of General Services, and shall be supplied by the Government with the stationery, instruments, books, and furniture which may be required for the performance of his duties. -SOURCE- (R.S. Sec. 1808; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION R.S. Sec. 1808 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -MISC3- REPEALS Section 10 of act Mar. 1, 1919, ch. 86, 40 Stat. 1269, formerly set out as a credit to this section, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. R.S. Sec. 1808 provided that official apartments should be furnished to the Chief of Engineers at the direction of the President. The function of allotment of space in public buildings in the District of Columbia was placed in the Public Buildings Commission by act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Operations of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. ------DocID 43847 Document 93 of 816------ -CITE- 40 USC Sec. 48 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 48. Obedience to President by Chief of Engineers -STATUTE- The Chief of Engineers shall obey, in the discharge of the duties mentioned in section 45 of this title, such regulations, pursuant to law, as may be prescribed by the President, through the Department of the Army. -SOURCE- (R.S. Sec. 1801; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 1801 derived from acts May 2, 1828, ch. 45, Sec. 4, 4 Stat. 266; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 12. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43848 Document 94 of 816------ -CITE- 40 USC Sec. 49 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 49. Record of property by Chief of Engineers -STATUTE- The Chief of Engineers shall keep in his office a complete record of all the lands and other property connected with or belonging to the Washington Aqueduct and other public works under his charge, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia. -SOURCE- (R.S. Sec. 1809.) -COD- CODIFICATION R.S. Sec. 1809 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. ------DocID 43849 Document 95 of 816------ -CITE- 40 USC Sec. 50 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 50. Reports by Chief of Engineers -STATUTE- The Chief of Engineers shall, as superintendent of the Washington Aqueduct, annually 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 Chief of Engineers' charge. -SOURCE- (R.S. Sec. 1812; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; Oct. 19, 1980, Pub. L. 96-470, title II, Sec. 202(a), 94 Stat. 2242.) -COD- CODIFICATION R.S. Sec. 1812 derived from acts Mar. 3, 1829, ch. 51, Sec. 3, 4 Stat. 363; Aug. 4, 1854, ch. 242, Sec. 15, 10 Stat. 573; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 25, 1860, ch. 211, Sec. 1, 12 Stat. 106. Provisions of this section which authorized the Chief of Engineers, as Superintendent of Public Buildings and Grounds, to report to the Secretary of War (Army) 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, were omitted in view of the abolishment of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of the functions of the Chief of Engineers and the Secretary of War with respect thereto to the Director of Public Buildings and Public Parks of the National Capital by act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983. -MISC3- AMENDMENTS 1980 - Pub. L. 96-470 substituted 'within nine months after the end of the fiscal year, a report of the Chief of Engineers' operations for that year' for 'in time to accompany the annual message of the President to Congress, a report of his operations for the preceding year' and 'the Chief of Engineers' charge' for 'his charge'. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43850 Document 96 of 816------ -CITE- 40 USC Sec. 51 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 51. Authority of Chief of Engineers -STATUTE- The Chief of Engineers and his necessary assistants are empowered to use all lawful means for the discharge of their duties; and, particularly, he shall have full control over the Washington Aqueduct, to regulate the manner in which the authorities of the District of Columbia may tap the supply of water to the inhabitants thereof; and he shall stop the same whenever it is found to be no more than adequate to the wants of the public buildings and grounds. -SOURCE- (R.S. Sec. 1810.) -COD- CODIFICATION R.S. Sec. 1810 derived from acts May 2, 1828, ch. 45, Sec. 4, 4 Stat. 266; Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 52 of this title. ------DocID 43851 Document 97 of 816------ -CITE- 40 USC Sec. 52 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 52. Appeal to Secretary of the Army by Chief of Engineers -STATUTE- The decision of the Chief of Engineers on all questions concerning the supply of water, as provided in section 51 of this title, shall be subject to appeal to the Secretary of the Army only. -SOURCE- (R.S. Sec. 1811; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 1811 derived from act Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43852 Document 98 of 816------ -CITE- 40 USC Sec. 53 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 53. Repealed. Pub. L. 94-587, Sec. 165, Oct. 22, 1976, 90 Stat. 2934 -MISC1- Section, acts Sept. 1, 1916, ch. 433, 39 Stat. 693; Mar. 4, 1942, ch. 129, 56 Stat. 123, authorized Chief of Engineers of Department of the Army to enforce traffic regulations for protection of Washington Aqueduct and Filtration Plant, provided for imposition of fines ranging from $1 to $40, specified tribunals for conduct of prosecutions in District of Columbia and State of Maryland, and authorized arresting officers to parole arrested persons for attendance at trial. ------DocID 43853 Document 99 of 816------ -CITE- 40 USC Sec. 53a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 53a. MacArthur Boulevard; jurisdiction and control -STATUTE- Jurisdiction and control over MacArthur Boulevard for its full width in the District of Columbia between Foxhall Road and the District line, excepting a strip nineteen feet wide within the lines of said road, the center of which is coincident with the center of the water supply conduit, is transferred from the Secretary of the Army to the Council of the District of Columbia, and property abutting thereon shall be subject to any and all lawful assessments which may be levied by the said council for public improvements, the same as other private property in the District of Columbia: Provided, That all municipal laws and regulations shall apply to the entire width of the said road in the District of Columbia in the same degree that they apply to other streets and highways in the said District. -SOURCE- (May 22, 1926, ch. 372, 44 Stat. 627; Mar. 4, 1942, ch. 129, 56 Stat. 123; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501; 1967 Reorg. Plan No. 3, Sec. 402(172), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 401, 87 Stat. 785.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 7-1401. -MISC3- AMENDMENTS 1942 - Act Mar. 4, 1942, changed name of Conduit Road to MacArthur Boulevard. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(172) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the jurisdiction and control over MacArthur Boulevard (formerly Conduit Road) and the levying of assessments for public improvements under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. ------DocID 43854 Document 100 of 816------ -CITE- 40 USC Sec. 54 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 54. Moneys for public works; expenditure -STATUTE- All moneys appropriated for the Washington Aqueduct, and for the other public works in the District of Columbia, not otherwise expressly provided for by law, shall be expended under the direction of the Secretary of the Army. -SOURCE- (R.S. Sec. 1802; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION R.S. Sec. 1802 derived from acts Mar. 3, 1859, ch. 84, Sec. 1, 11 Stat. 435; June 18, 1862, No. 36, 12 Stat. 620; Mar. 30, 1867, ch. 20, Sec. 3, 15 Stat. 12. -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43855 Document 101 of 816------ -CITE- 40 USC Sec. 55 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 55. Mains or pipes; laying for use of public buildings -STATUTE- No greater number of main pipes of the Washington Aqueduct shall be laid at the expense of the United States than are sufficient to furnish the public buildings, offices, and grounds with the necessary supply of water. The cost of any main pipe, for the supply of water to the inhabitants of Washington, must be paid by the District of Columbia, in the manner provided by law. -SOURCE- (R.S. Sec. 1805; Feb. 11, 1895, ch. 79, 28 Stat. 650.) -COD- CODIFICATION R.S. Sec. 1805 derived from act Mar. 3, 1859, ch. 84, Sec. 6, 11 Stat. 436. Section is also set out in D.C. Code, Sec. 43-1549. ------DocID 43856 Document 102 of 816------ -CITE- 40 USC Sec. 56 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 56. Unauthorized opening -STATUTE- No person, unless by consent of the Chief of Engineers, shall tap or open the mains or pipes laid or hereafter to be laid by the United States, under a penalty of not less than $50 nor more than $500. -SOURCE- (R.S. Sec. 1803; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983.) -COD- CODIFICATION The words 'in charge of public buildings and works' which followed 'Chief of Engineers' were omitted in view of the abolition of the Office of Public Buildings and Grounds under the Chief of Engineers and the transfer of certain functions of the Chief of Engineers to the Director of Public Buildings and Grounds of the National Capital by act Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983. For further details, see notes set out under section 19 of this title. R.S. Sec. 1803 derived from act Mar. 3, 1859, ch. 84, Sec. 5, 11 Stat. 436. Section is also set out in D.C. Code, Sec. 43-1550. ------DocID 43857 Document 103 of 816------ -CITE- 40 USC Sec. 57, 58 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 57, 58. Omitted -COD- CODIFICATION Section 57, R.S. Sec. 1804; act Feb. 11, 1895, ch. 79, 28 Stat. 650, which related to punishment for breaking or destroying pipes, hydrants, etc., in the city of Washington, was omitted as not having general applicability. See section 43-1548 of the District of Columbia Code. Section 58, R.S. Sec. 1806; act Feb. 11, 1895, ch. 79, 28 Stat. 650, which related to punishment for maliciously making water impure in the city of Washington, was omitted as not having general applicability. See section 22-3118 of the District of Columbia Code. ------DocID 43858 Document 104 of 816------ -CITE- 40 USC Sec. 59 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 59. Repealed. Pub. L. 86-249, Sec. 17(5), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section, act Mar. 3, 1883, ch. 143, 22 Stat. 615, provided for shutting off of water in public buildings in District of Columbia. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 43859 Document 105 of 816------ -CITE- 40 USC Sec. 60 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 60. Omitted -COD- CODIFICATION Section, act July 1, 1898, ch. 543, Sec. 1, 30 Stat. 570, which related to street parking in the District of Columbia, was omitted as not having general applicability. See section 8-106 of the District of Columbia Code. ------DocID 43860 Document 106 of 816------ -CITE- 40 USC Sec. 60a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 60a. Reservation of parking spaces for Members of Congress -STATUTE- On and after June 29, 1956, the Council of the District of Columbia is authorized and directed to 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 on public business. -SOURCE- (June 29, 1956, ch. 479, 70 Stat. 447; 1967 Reorg. Plan No. 3, Sec. 402(300), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 401, 87 Stat. 785.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 40-710. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(300) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to designating and reserving parking spaces for the use of members of the Congress under this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. -MISC5- SIMILAR PROVISIONS The text of this section is from the District of Columbia Appropriation Act, 1957. Similar provisions were contained in the following prior appropriation acts: July 5, 1955, ch. 272, 69 Stat. 254. July 1, 1954, ch. 499, 68 Stat. 386. July 31, 1953, ch. 299, 67 Stat. 290. July 5, 1952, ch. 576, 66 Stat. 385. Aug. 3, 1951, ch. 292, 65 Stat. 167. July 18, 1950, ch. 467, 64 Stat. 364. June 29, 1949, ch. 279, 63 Stat. 319. June 19, 1948, ch. 555, 62 Stat. 553. July 25, 1947, ch. 324, 61 Stat. 443. July 9, 1946, ch. 544, 60 Stat. 518. June 30, 1945, ch. 209, 59 Stat. 289. June 28, 1944, ch. 300, 58 Stat. 526. July 1, 1943, ch. 184, 57 Stat. 338. June 27, 1942, ch. 452, 56 Stat. 451. July 1, 1941, ch. 271, 57 Stat. 529. June 12, 1940, ch. 333, 54 Stat. 334. July 15, 1939, ch. 281, 53 Stat. 1033. ------DocID 43861 Document 107 of 816------ -CITE- 40 USC Sec. 61 to 63 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 61 to 63. Omitted -COD- CODIFICATION Section 61, act Feb. 22, 1921, ch. 70, 41 Stat. 1117, which related to jurisdiction and control of the Francis Scott Key Bridge, was omitted as not having general applicability. See section 7-507 of the District of Columbia Code. Section 62, act Feb. 28, 1923, ch. 148, 42 Stat. 1338, which related to jurisdiction and control of the Highway Bridge, was omitted as not having general applicability. See section 7-511 of the District of Columbia Code. Section 63, act June 7, 1924, ch. 302, 43 Stat. 550, which related to construction and repair of bridges over railway and canal right of ways in the District of Columbia, was omitted as not having general applicability. See section 7-502 of the District of Columbia Code. ------DocID 43862 Document 108 of 816------ -CITE- 40 USC Sec. 64 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 64. Jurisdiction over portion of B Street -STATUTE- The jurisdiction over that portion of B Street west of Virginia Avenue, under the control of the Commissioners of the District of Columbia prior to May 27, 1908, shall be under the Director of the National Park Service. -SOURCE- (May 27, 1908, ch. 200, 35 Stat. 356; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Ex. Ord. No. 6166 abolished Office of Public Buildings and Public Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior. Act Mar. 2, 1934, changed name of latter office to National Park Service. Act May 27, 1908, transferred jurisdiction from Commissioners of District of Columbia to Chief of Engineers. Act Feb. 26, 1925, transferred functions of latter to Director of Public Buildings and Public Parks of National Capital. ------DocID 43863 Document 109 of 816------ -CITE- 40 USC Sec. 65 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 65. Omitted -COD- CODIFICATION Section, R.S. Sec. 1813; act June 20, 1874, ch. 337, Sec. 2, 18 Stat. 116, which related to limitation on contracts of the District of Columbia commissioners, was omitted as not having general applicability. See section 7-625 of the District of Columbia Code. ------DocID 43864 Document 110 of 816------ -CITE- 40 USC Sec. 66 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 66. Improper appropriation of streets -STATUTE- The Secretary of the Interior is directed to prevent the improper appropriation or occupation of any of the public streets, avenues, squares, or reservations in the city of Washington, belonging to the United States, and to reclaim the same if unlawfully appropriated; and particularly to prevent the erection of any permanent building upon any property reserved to or for the use of the United States, unless plainly authorized by act of Congress, and to report to Congress at the commencement of each session his proceedings in the premises, together with a full statement of all such property, and how, and by what authority, the same is occupied or claimed. Nothing herein contained shall be construed to interfere with the temporary and proper occupation of any portion of such property, by lawful authority, for the legitimate purposes of the United States. -SOURCE- (R.S. Sec. 1818.) -COD- CODIFICATION R.S. Sec. 1818 derived from Res. June 30, 1864, No. 56, 13 Stat. 412. Section is also set out in D.C. Code, Sec. 7-1409. -CROSS- CROSS REFERENCES Ejection of trespassers from public grounds, see section 19 of this title. ------DocID 43865 Document 111 of 816------ -CITE- 40 USC Sec. 67 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 67. Omitted -COD- CODIFICATION Section, acts Mar. 3, 1891, ch. 540, 26 Stat. 868; July 1, 1898, ch. 543, Sec. 3, 30 Stat. 570; June 21, 1906, ch. 3506, 34 Stat. 385; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, which related to permits for extensions of buildings beyond the building line, was omitted as not having general applicability. See section 5-204 of the District of Columbia Code. ------DocID 43866 Document 112 of 816------ -CITE- 40 USC Sec. 68 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 68. Buildings on reservations, parks, or public grounds -STATUTE- On and after August 24, 1912 there shall not be erected on any reservation, park, or public grounds, of the United States within the District of Columbia, any building or structure without express authority of Congress. -SOURCE- (Aug. 24, 1912, ch. 355, 37 Stat. 444.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-128. ------DocID 43867 Document 113 of 816------ -CITE- 40 USC Sec. 69, 70 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 69, 70. Omitted -COD- CODIFICATION Section 69, act Aug. 5, 1882, ch. 389, 22 Stat. 243, which related to police powers of park watchmen in District of Columbia, was omitted as not having general applicability. See section 4-201 of the District of Columbia Code. Section 70, act Apr. 28, 1902, ch. 594, 32 Stat. 152, which related to free medical attendance for park watchmen in the District of Columbia, was omitted as not having general applicability. See section 4-204 of the District of Columbia Code. ------DocID 43868 Document 114 of 816------ -CITE- 40 USC Sec. 71 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71. Physical development of National Capital -STATUTE- (a) General purposes; findings It is the purpose of sections 71 to 71i, 72, 73, and 74 of this title to secure comprehensive planning for the physical development of the National Capital and its environs; to provide for the participation of the appropriate planning agencies of the environs in such planning; and to establish the agency and procedures requisite to the administration of the functions of the Federal and District of Columbia governments related to such planning. The Congress finds that 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; that effective comprehensive planning is necessary on a regional basis and of continuing importance to the Federal establishment; that 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; that 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 Governments so that such activities may conform with general objectives; that 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; that 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 that the instrumentalities and procedures herein provided will aid in providing the Congress from time to time with information and advice requisite to legislation. The general objective of said sections is to enable appropriate agencies to plan for the development of the Federal establishment at the seat of government in a manner 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 in a manner 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. (b) Definitions As used in sections 71 to 71i, 72, 73, and 74 of this title, (1) 'region' or 'National Capital region' means the District of Columbia; Montgomery and Prince Georges Counties in Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and all cities now or hereafter existing in Maryland or Virginia within the geographic area bounded by the outer boundaries of the combined area of said counties; (2) 'environs' means the territory surrounding the District of Columbia included within the National Capital region; (3) 'National Capital' means the District of Columbia and territory owned by the United States within the environs; and (4) 'planning agency' means any city, county, bi-county, part-county, or regional planning agency authorized under State and local laws to make and adopt comprehensive plans whether or not its jurisdiction is exclusive or concurrent. -SOURCE- (June 6, 1924, ch. 270, Sec. 1, 43 Stat. 463; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Apr. 30, 1926, ch. 198, 44 Stat. 374; May 24, 1928, ch. 726, 45 Stat. 726; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; July 19, 1952, ch. 949, Sec. 1, 66 Stat. 781.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2001. -MISC3- AMENDMENTS 1952 - Act July 19, 1952, restated the general purposes of sections 71 to 72, 73, and 74 of this title, and substituted entirely new provisions for former provisions relating to creation and duties of the 'National Capital Park and Planning Commission' which have been superseded. See sections 71a to 71i of this title. 1928 - Act May 24, 1928, provided that the Director of Public Buildings and Public Parks of the National Capital should be the executive and disbursing officer of said National Capital Park and Planning Commission. 1926 - Act Apr. 30, 1926, amended section generally to establish and provide for a National Capital Park and Planning Commission, and abolished the Highway Commission which had been established by section 2 of act Mar. 2, 1893, ch. 197, 27 Stat. 533. 1925 - Act Feb. 26, 1925, changed the name of the officer in charge of public buildings and grounds to the Director of Public Buildings and Public Parks of the National Capital. SHORT TITLE OF 1952 AMENDMENT Section 2 of act July 19, 1952, provided in part that: 'Sections 1 and 2 of this Act (amending this section) may be cited as the 'National Capital Planning Act of 1952'.' -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Ex. Ord. No. 6166, set out as a note under section 901 of Title 5, abolished Office of Public Buildings and Public Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior, and act Mar. 2, 1934, changed name of latter office to National Park Service. Function of disbursement of moneys of United States by any agency except War Department, Navy Department, and Panama Canal, transferred to Treasury Department and, together with Office of Disbursing Clerk of that Department, consolidated in a Division of Disbursements, by section 4 of Ex. Ord. No. 6166 and Ex. Ord. No. 6728, May 29, 1934. Division of Disbursements consolidated in Fiscal Service by Reorg. Plan No. III of 1940, Sec. 1(a)(3), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5. See section 306 of Title 31, Money and Finance. -MISC5- STUDY COMMISSION TO INVESTIGATE AND STUDY SITES AND PLANS FOR FACILITIES AND SERVICES FOR VISITORS AND STUDENTS COMING TO WASHINGTON, D.C. Pub. L. 89-790, Nov. 7, 1966, 80 Stat. 1424, created a Study Commission to make a full and complete investigation and study of sites and plans to provide facilities and services for visitors and students coming to the Nation's Capital. The Commission was directed to report the results of its study and investigation to Congress not later than September 15, 1967. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71h, 71i, 72, 72a, 74 of this title. ------DocID 43869 Document 115 of 816------ -CITE- 40 USC Sec. 71a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71a. Federal and District planning agencies in National Capital -STATUTE- (a)(1) National Capital Planning Commission; creation; central Federal agency; functions; excepted functions The National Capital Planning Commission (hereinafter referred to as the 'Commission') is created as the central Federal planning agency for the Federal Government in the National Capital, and to preserve the important historical and natural features thereof, except with respect to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, and to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. (2) Mayor of District of Columbia; central local agency; functions; excepted functions; comprehensive plan for District: procedures for citizen participation and consultations with non-Federal agencies The Mayor of the District of Columbia (hereinafter referred to as the 'Mayor') shall be the central planning agency for the government of the District of Columbia (hereinafter referred to as the 'District') in the National Capital. The Mayor shall be responsible for coordinating the planning activities of the District government and for preparing and implementing the District elements of the comprehensive plan for the National Capital, which may include land use elements, urban renewal and redevelopment elements, a multiyear program of public works for the District, and physical, social, economic, transportation, and population elements. The Mayor's planning responsibility shall not extend to Federal or international projects and developments in the District, as determined by the Commission, or to the United States Capitol buildings and grounds as defined in sections 193a and 193m of this title, or to any extension thereof or additions thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibility under this section, the Mayor shall establish procedures for citizen participation in the planning process, and for appropriate meaningful consultation with any State or local government or planning agency in the National Capital region affected by any aspect of a comprehensive plan (including amendments thereto) affecting or relating to the District. (3) Comprehensive plan for District; functions of Mayor and Council respecting impact on Federal Establishment The Mayor shall submit each District element of the comprehensive plan and any amendment thereto, to the Council for revision or modification, and adoption, by act, following public hearings. Following adoption and prior to implementation, the Council shall submit each such element or amendment to the Commission for review and comment with regard to the impact of such element or amendment on the interests or functions of the Federal Establishment in the National Capital. (4) Certifications; incorporation and implementation; Council's action; joint publication of Federal activities elements and District elements; time limitation extension, authority of Council; joint establishment of procedures for consultations throughout planning process (A) The Commission shall, within sixty days after receipt of such a District element of the comprehensive plan, or amendment thereto, from the Council, certify to the Council whether such element or amendment has a negative impact on the interests or functions of the Federal Establishment in the National Capital. If within such sixty days the Commission takes no action with respect to such element or amendment, such element or amendment shall be deemed to have no such negative impact, and such element or amendment shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. (B) If the Commission finds, within such sixty days, such negative impact, it shall certify its findings and recommendations with respect to such negative impact to the Council. Upon receipt of the Commission's findings and recommendations, the Council may - (i) reject such findings and recommendations and resubmit such element or amendment, in a modified form, to the Commission for reconsideration; or (ii) accept such findings and recommendations and modify such element or amendment accordingly. If the Council accepts such findings and recommendations and modifies such element or amendment under clause (ii), the Council shall submit such element or amendment to the Commission for it to determine whether such modification has been made in accordance with the Commission's findings and recommendations. If, within thirty days after receipt of the modified element or amendment, the Commission takes no action with respect to such element or amendment, it shall be deemed to have been modified in accordance with such findings or recommendations, and shall be incorporated into the comprehensive plan for the National Capital and shall be implemented. If within such thirty days, the Commission again determines such element or amendment to have a negative impact on the functions or interests of the Federal Establishment in the National Capital such element or amendment shall not be implemented. (C) If the Council rejects the findings and recommendations of the Commission and resubmits a modified element or amendment to it under clause (i), the Commission shall, within sixty days after receipt of such modified element or amendment from the Council, determine whether such modified element or amendment has a negative impact on the interests or functions of the Federal Establishment within the National Capital. If the Commission finds such negative impact it shall certify its findings (in sufficient detail that the Council can understand the basis of the objection of the Commission) and recommendations to the Council, and such element or amendment shall not be implemented. If the Commission takes no action with respect to such modified element or amendment within such sixty days, such modified element or amendment shall be deemed to have no such negative impact and shall be incorporated into the comprehensive plan and it shall be implemented. Any element or amendment which the Commission has determined to have a negative impact on the Federal Establishment in the National Capital, and which is submitted again in a modified form not less than one year from the day it was last rejected by the Commission shall be deemed to be a new element or amendment for purposes of the review procedure specified in this section. (D) The Commission and the Mayor shall jointly publish, from time to time as appropriate, a comprehensive plan for the National Capital, consisting of the elements of the comprehensive plan for the Federal activities in the National Capital developed by the Commission, and the District elements developed by the Mayor and the Council in accordance with the provisions of this section. (E) The Council may grant, upon request made to it by the Commission, an extension of any time limitation contained in this section. (F) The Commission and the Mayor shall jointly establish procedures for appropriate meaningful continuing consultation throughout the planning process for the National Capital. (b) National Capital Planning Commission; official members; citizen members: qualifications, terms of office, vacancies, compensation The National Capital Planning Commission shall be composed of - (1) ex officio, the Secretary of the Interior, the Secretary of Defense, the Administrator of the General Services Administration, the Mayor, the Chairman of the Council of the District of Columbia, and the chairmen of the Committees on the District of Columbia of the Senate and the House of Representatives, or such alternates as each such person may from time to time designate to serve in his stead, and in addition, (2) 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. The citizen members appointed by the Mayor shall be bona fide residents of the District of Columbia and of the three appointed by the President at least one shall be a bona fide resident of Virginia and at least one shall be a bona fide resident of Maryland. The terms of office of the members appointed by the President shall be for six years, except that of the members first appointed, the President shall designate one to serve two years and one to serve four years. Members appointed by the Mayor shall serve for four years. The members first appointed under this section shall assume their office on January 2, 1975. Any person appointed to fill a vacancy shall be appointed only for the unexpired term of the member whom he shall succeed. The citizen members shall each receive compensation at the rate of $100 for each day such member is engaged in the actual performance of duties vested in the Commission in addition to reimbursement for necessary expenses incurred by them in the performance of such duties. (c) Chairman; officers; Director and other personnel; employment of city planners, architects, etc.; compensation The President shall designate the Chairman of the Commission and the Commission may elect from among its members such other officers as it deems desirable. The Commission is authorized to employ a Director, an executive officer, and such other technical and administrative personnel as it may deem necessary. Further, without regard to section 5 of title 41, the civil service and classification laws, or section 3109 of title 5, the Commission may employ, by contract or otherwise, the temporary or intermittent (not in excess of one year) services of city planners, architects, engineers, appraisers, and other experts or organizations thereof, as may be necessary to carry out its functions, and in any such case the rate of compensation shall be fixed by the Commission so as not to exceed the rate usual for similar services. (d) Advisory and coordinating committees; participation by representatives of planning and developmental agencies The Commission may establish, with the consent of each agency concerned as to its representation, such advisory and coordinating committees composed of representatives of such agencies of the Federal and District of Columbia Governments as may be necessary or helpful to obtain the maximum amount of cooperation and correlation of effort among the various agencies of such Governments, in order that the National Capital may be developed in accordance with the comprehensive plan. As it may deem appropriate, the Commission may invite representatives of the planning and developmental agencies of the environs to participate in the work of such committees. (e) General scope of functions As hereinafter more specifically described in sections 71c to 71g of this title, it shall be among the principal duties of the Commission to (1) prepare, adopt, and amend a comprehensive plan for the Federal activities in the National Capital and make related recommendations to the appropriate developmental agencies; (2) serve as the central planning agency for the Federal Government within the National Capital region, and in such capacity to review their development programs in order to advise as to consistency with the comprehensive plan; and (3) be the representative of the Federal and District Governments for collaboration with the Regional Planning Council, as hereinafter provided. -SOURCE- (June 6, 1924, ch. 270, Sec. 2, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 782, and amended Aug. 3, 1956, ch. 937, Sec. 2, 70 Stat. 990; Sept. 25, 1962, Pub. L. 87-683, 76 Stat. 575; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(a), (b), title IV, Sec. 401, 421, 87 Stat. 779, 782, 785, 789.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws, referred to in subsec. (c), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. Section 71e of this title, included within the reference in subsec. (e) to sections 71c to 71g of this title, was repealed by Pub. L. 93-198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782. -COD- CODIFICATION In subsec. (c), 'section 3109 of title 5' substituted for 'section 15 of Act of August 2, 1946 (5 U.S.C. 55a)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section is also set out in D.C. Code, Sec. 1-2002. -MISC3- PRIOR PROVISIONS Provisions relating to the general powers and duties of the National Capital Park and Planning Commission, to which the National Capital Planning Commission succeeded under the provisions of section 71h of this title, were contained in section 71 of this title prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198, Sec. 203(a), incorporated existing subsec. (a) text in provisions designated as par. (1), made the Commission the central Federal planning agency only for the Federal Government in the National Capital, except certain areas from the Commission's jurisdiction, and added pars. (2) to (4). Subsec. (b)(1). Pub. L. 93-198, Sec. 203(a), substituted as members ex officio: Secretary of Interior, Secretary of Defense, Administrator of General Services Administration, Commissioner, Chairman of District of Columbia Council for former such members: Chief of Engineers of Army, Engineer Commissioner of District of Columbia, Director of National Park Service, Commissioner of Public Buildings, Federal Highway Administrator, and Administrator of National Capital Transportation Agency, and substituted provision for designation of alternates for service in stead of any official for former such provision applicable only to committees on the District of Columbia of the Senate and the House of Representatives. Subsec. (b)(2). Pub. L. 93-198, Sec. 203(a), substituted provisions for: citizen members with experience in planning for former provision for such membership from eminent citizens well qualified and experienced in planning; appointment by President of three members, including one each for Virginia and Maryland, for six year terms, including initial appointments for two and four year terms, and by Commissioner of two members from the District for four year terms for former provision for such appointment by President, including two members from the District or the environs, including one appointee from three nominees of Commissioner of the District, for six year terms; compensation of $100 per each day of actual service and necessary expenses for former provision for a per diem allowance and travel costs; provided for assumption of office by first appointees on Jan. 2, 1975; and deleted provisions respecting: waiver of professional requirements of District appointees of demonstrated capacity for leadership in planning and development of the District, service of unexpired terms of appointive members of National Capital Park and Planning Commission as members of National Capital Planning Commission, and expiration of initial appointments on Apr. 30, 1953, 1954, 1955, 1956, and 1957, and every six years after such appointments. Subsec. (e)(1). Pub. L. 93-198, Sec. 203(b)(1), substituted 'Federal activities in the National Capital' for 'National Capital'. Subsec. (e)(2). Pub. L. 93-198, Sec. 203(b)(2), substituted 'Government' for 'and District Governments,'. 1962 - Subsec. (b)(1). Pub. L. 87-683 inserted 'the Administrator of the National Capital Transportation Agency,' before 'the chairmen of the committees'. -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the Commissioner of the District of Columbia pursuant to section 401 of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, which transferred the functions of the Board of Commissioners, including functions of the President of the Board and all functions of each other member of the Board, including the executive power vested therein, to the Commissioner of the District of Columbia, except as provided by other sections of the Reorganization Plan. For provisions establishing the office of Commissioner of the District of Columbia and abolishing the Board of Commissioners, see sections 301 and 503 of the Plan, set out in the Appendix to Title 5, Government Organization and Employees. Transfer of office of Federal Highway Administrator to and continuation within Department of Transportation under title Director of Public Roads, see section 1652(f)(4) of Title 49, Appendix, Transportation. Commissioner of Public Roads redesignated Federal Highway Administrator by act Aug. 3, 1956, ch. 937, Sec. 2, 70 Stat. 990, set out as a note under section 303 of Title 23, Highways. Functions of Commissioner of Public Buildings and of Commissioner of Public Roads transferred to Administrator of General Services, and Public Roads Administration, to be thereafter known as Bureau of Public Roads, transferred to General Services Administration by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings abolished by section 103(b) of that act. Bureau of Public Roads transferred to Department of Commerce to be administered by Commissioner of Public Roads subject to direction and control of Secretary of Commerce under provisions of 1949 Reorg. Plan No. 7, Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5, Government Organization and Employees. A Public Buildings Service, under direction of a Commissioner, established Dec. 11, 1949, by Administrator of General Services, to supersede abolished Public Buildings Administration. ABOLITION OF COUNCIL National Capital Regional Planning Council abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. -MISC7- TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71i, 72, 72a, 136 of this title. ------DocID 43870 Document 116 of 816------ -CITE- 40 USC Sec. 71b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71b. Omitted -COD- CODIFICATION Section, act June 6, 1924, ch. 270, Sec. 3, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 783, which established the National Capital Regional Planning Council, and set forth the composition and powers and functions of the Council, was omitted in view of the abolition of the Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note below. REORGANIZATION PLAN NO. 5 OF 1966 EFF. SEPT. 8, 1966, 31 F.R. 11857, 80 STAT. 1611 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, June 29, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended (see 5 U.S.C. 901 et. seq.). NATIONAL CAPITAL REGIONAL PLANNING COUNCIL -MISC3- SECTION 1. ABOLITION The National Capital Regional Planning Council (66 Stat. 783), together with all of its functions, is hereby abolished. SEC. 2. LIQUIDATION The National Capital Planning Commission shall make such provisions as it shall deem necessary respecting the winding up of the outstanding affairs of the National Capital Regional Planning Council. MESSAGE OF THE PRESIDENT To the Congress of the United States: I am transmitting Reorganization Plan No. 5 of 1966, prepared in accordance with the Reorganization Act of 1949, as amended. The time has come to recognize the readiness of local governments in the Washington area to undertake a role which is properly and rightfully theirs. To that end, I am submitting a reorganization plan to abolish the National Capital Regional Planning Council. Comprehensive regional planning is vital to the orderly development of our metropolitan areas. Nowhere is it more important than in the National Capital region. To be most effective, regional planning must be a responsibility of the area's State and local governments acting together to solve mutual problems of growth and change. It should not be a Federal function, although the Federal Government should support and advance it. The need for cooperative planning was recognized years ago in the National Capital region. The establishment of the National Capital Regional Planning Council in 1952 to prepare a comprehensive development plan was a major step in meeting that need. However, the Council was designed for conditions which no longer exist. It was established by Federal law as a Federal agency financed by Federal funds because the various local jurisdictions then felt they were not in a position to provide the financing necessary for areawide comprehensive planning. The situation that existed in 1952 has been changed by two major developments - The founding of the Metropolitan Washington Council of Governments; and The inauguration of a nationwide urban planning assistance program, commonly referred to as the '701 Program.' The Metropolitan Washington Council of Governments, established in 1957, is a voluntary association of elected officials of local governments in the area. It has a competent professional staff and has done constructive work on areawide development matters. It had a budget of nearly a quarter of a million dollars for fiscal year 1965, mostly derived from local government contributions, and has developed to the point where it can fully carry out the State and local aspects of regional planning. The urban planning assistance program provides for Federal financing of two-thirds of the cost of metropolitan planning. The National Capital Regional Planning Council, as a Federal agency, is not eligible for assistance under this program. The Metropolitan Washington Council of Governments, however, became eligible for that assistance under the terms of the Housing and Urban Development Act of 1965. Accordingly, the elected local governments of the National Capital region have declared their intention of undertaking the responsibility for areawide comprehensive planning through the Council of Governments. The reorganization plan will not alter the basic responsibilities of the National Capital Planning Commission. That Commission will continue to represent the Federal interest in the planning and development of the region. Indeed, its work should increase as comprehensive regional planning by the Council of Governments is accelerated. In accord with the reorganization plan, the Commission will work closely with the Council of Governments in regional planning. The Commission will also deal directly with the suburban jurisdictions and assume the liaison functions now exercised by the National Capital Regional Planning Council. The reorganization plan will improve existing organizational arrangements of and promote more effective and efficient planning for the National Capital region. It will also result in long-range savings to the Federal Government. The regional planning effort of the Council of Governments is supported in part by local contributions. The same work done by the National Capital Regional Planning Council has been supported totally with Federal funds. The plan will eliminate this overlapping effort. Annual savings of at least $25,000 should result from the reorganization plan. The functions to be abolished by the reorganization plan are provided for in sections 2(e), 3, 4, 5(d), and 6(b) of the act approved June 6, 1924, entitled 'An Act providing for a comprehensive development of the park and playground system of the National Capital' (43 Stat. 463), as amended (66 Stat. 783, 40 U.S.C. 71a(e), 71b, 71c, 71d(d), and 71E(b)). I have found, after investigation, that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective. Lyndon B. Johnson. The White House, June 29, 1966. ------DocID 43871 Document 117 of 816------ -CITE- 40 USC Sec. 71c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71c. Comprehensive plan for the National Capital -STATUTE- (a) Preparation and adoption by Commission The Commission is hereby charged with the duty of preparing and adopting a comprehensive, consistent, and coordinated plan for the National Capital, which plan shall include the Commission's recommendations or proposals for Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without change. The Commission shall collaborate with the National Capital Regional Planning Council in the development of those elements of the plan for the National Capital which should be incorporated in the regional plan provided for in section 71b of this title. While consistency between the respective proposals of the Commission and the National Capital Regional Planning Council shall be sought, lack of action or agreement by the National Capital Regional Planning Council shall not prevent the Commission from adopting any part of its plan or any recommendation or proposal for Federal developments or projects in the environs. The Commission may include in its plan any portion of any plan adopted by the National Capital Regional Planning Council or any planning agency in the environs and from time to time make recommendations of collateral interest to the National Capital Regional Planning Council or to the aforesaid agencies. (b), (c) Repealed. Pub. L. 93-198, title II, Sec. 203(c)(3), Dec. 24, 1973, 87 Stat. 782 (d) Progressive adoption, amendment, or review The Commission may, as the work of preparing the comprehensive plan progresses, adopt any element or a part or parts thereof and from time to time shall review and may amend or extend the plan, in order that its recommendations may be kept up to date. (e) Consultation with interested agencies; hearings; citizen advisory councils Prior to the final adoption of the comprehensive plan or any element thereof, or any subsequent revision, the Commission shall present such plan, element, or revision to the appropriate Federal or District of Columbia authorities for comment and recommendations. Presentation of proposed revisions may at the Commission's discretion be made annually in a consolidated form. The said recommendations by Federal and District of Columbia authorities shall not be binding on the Commission, but it shall give careful consideration to such views and recommendations as are submitted prior to final adoption. The Commission may, in addition and at its discretion, periodically provide opportunity by public hearings, meetings, or conferences, exhibitions and publication of its plans, for review and comments by nongovernmental agencies or groups, and, in consultation with the Council of the District of Columbia, encourage the formation of one or more citizen advisory councils. In carrying out its planning functions with respect to Federal developments or projects in the environs, the Commission may act in conjunction and cooperation and enter into agreements with any State or local authority or planning agency, as the Commission may deem necessary, to effectuate the adoption of any plan or proposal and secure its realization. -SOURCE- (June 6, 1924, ch. 270, Sec. 4, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 785, and amended 1967 Reorg. Plan No. 3, Sec. 402(28), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II Sec. 203(c), title IV, Sec. 401, 87 Stat. 782, 785.) -REFTEXT- REFERENCES IN TEXT Section 71b of this title, referred to in subsec. (a), was omitted from the Code in view of the abolition of the National Capital Regional Planning Council by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -COD- CODIFICATION The words 'National Capital Regional Planning' were added before references to 'Council' where necessary to avoid possible confusion between references to such Council and the District of Columbia Council. Section is also set out in D.C. Code, Sec. 1-2003. -MISC3- PRIOR PROVISIONS Provisions similar to those concerning preparation and maintenance of a comprehensive plan for the National Capital and its environs were contained in section 71 of this title prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a), first sentence. Pub. L. 93-198, Sec. 203(c)(1), inserted introductory 'hereby' and substituted 'Federal developments or projects in the environs, and those District elements, or amendments thereto, of the comprehensive plan adopted by the Council and with respect to which the Commission has not determined a negative impact to exist, which elements or amendments shall be incorporated into such comprehensive plan without charge' for 'Federal and District developments or projects in the environs'. Subsec. (a), third sentence. Pub. L. 93-198, Sec. 203(c)(2), struck out 'within the District of Columbia' after 'part of its plan' and 'or District' from phrase 'Federal or District developments or projects'. Subsecs. (b), (c). Pub. L. 93-198, Sec. 203(c)(3), repealed provisions of subsec. (b) relating to contents of comprehensive plan and of subsec. (c) relating to generalized elements of comprehensive plan. See comprehensive plan provisions of section 71a(a) of this title. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(28) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to consultations concerning the formation of one or more citizens advisory councils under subsec. (e) of this section to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions abolishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. ABOLITION OF COUNCIL National Capital Regional Planning Council, referred to in subsec. (a), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. EX. ORD. NO. 11815. DELEGATION OF PRESIDENTIAL FUNCTION OF ESTABLISHING METES AND BOUNDS OF NATIONAL CAPITAL SERVICE AREA Ex. Ord. No. 11815, Oct. 23, 1974, 39 F.R. 37963, provided: By virtue of the authority vested in me by section 739(g) of the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 828; Public Law 93-198), and as President of the United States, the Chairman of the National Capital Planning Commission is authorized and directed to exercise all authority and to carry out all duties vested in the President by section 739(g) of the above cited law with respect to establishing the metes and bounds of the National Capital Service Area. Prior to establishing said metes and bounds, the Chairman shall consult with the appropriate representative of the District of Columbia Government. Gerald R. Ford. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title. ------DocID 43872 Document 118 of 816------ -CITE- 40 USC Sec. 71d -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71d. Proposed Federal and District developments and projects -STATUTE- (a) Consultations between agencies and Commission; procedure In order to insure the comprehensive planning and orderly development of the National Capital, each Federal and District of Columbia agency prior to the preparation of construction plans originated by such agency for proposed developments and projects or to commitments for the acquisition of land, to be paid for in whole or in part from Federal or District funds, shall advise and consult with the Commission in the preparation by the agency of plans and programs in preliminary and successive stages which affect the plan and development of the National Capital: Provided, however, That the Commission shall determine in advance the type or kinds of plans, developments, projects, improvements, or acquisitions which do not need to be submitted for review by the Commission as to conformity with its plans. After receipt of such plans, maps, and data, it shall be the duty of the Commission to make promptly a preliminary report and recommendations to the agency or agencies concerned. If, after having received and considered the report and recommendations of the Commission the agency does not concur, it shall advise the Commission with its reasons therefor, and the Commission shall submit a final report. After such consultation and suitable consideration of the views of the Commission the agency may proceed to take action in accordance with its legal responsibilities and authority. (b) Exceptions to consultation procedure The procedure prescribed in subsection (a) of this section shall not apply to projects within the Capitol grounds or to structures erected by the Department of Defense during wartime or national emergency within existing military, naval, or Air Force reservations, except that the appropriate defense agency shall consult with the Commission as to any developments which materially affect traffic or require coordinated planning of the surrounding area. (c) Approval of District Government buildings within central area; time for transmittal of approval or disapproval of such buildings The provisions of section 16 of the Act approved June 20, 1938 (D.C. Code, Sec. 5-432), are extended to include public buildings erected by any agency of the Government of the District of Columbia within the boundaries of the central area of the District, as such central area may be defined and from time to time redefined by concurrent action of the Commission and the Council, except that the Commission shall transmit its approval or disapproval respecting any such building within thirty days after the day it was submitted to the Commission. (d) Additional procedure for consultation on developments and projects within environs Within the environs, general plans showing the location, character, extent and intensity of use for proposed Federal and District developments and projects involving the acquisition of land, shall be submitted to the Commission for report and recommendations before final commitment to said acquisition, unless such matters shall have been specifically approved by an Act of Congress. Before acting on any general plan, the Commission shall advise and consult with the National Capital Regional Planning Council and the appropriate planning agency having jurisdiction over the affected part of the environs. When, in the judgment of the Commission, proposed developments or projects submitted to the Commission under subsection (a) of this section involve a major change in the character or intensity of an existing use in the environs, the Commission shall likewise advise and consult with the National Capital Regional Planning Council and the aforesaid planning agency. The report and recommendations required under this subsection shall be submitted within sixty days and shall be accompanied by any reports or recommendations that may have been prepared by the National Capital Regional Planning Council or the aforesaid planning agency. (e) Intent of section; interchange of plans, data, etc. It is the intent of this section to obtain cooperation and correlation of effort between the various agencies of the Federal Government which are responsible for public developments and projects, including the acquisition of land. These agencies, therefore, shall look to the Commission and utilize it as the central planning agency for the Federal activities in the National Capital region. To aid the Commission in carrying out this function, plans, data, and records, or copies thereof, necessary to the Commission shall be furnished upon its request by such Federal and District governmental agencies; and the Commission shall likewise furnish related plans, data, and records, or copies thereof, to Federal and District of Columbia governmental agencies upon request. -SOURCE- (June 6, 1924, ch. 270, Sec. 5, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 787, and amended 1967 Reorg. Plan No. 3, Sec. 402(29), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(d), 87 Stat. 782.) -COD- CODIFICATION The words 'National Capital Regional Planning' were added before references to 'Council' where necessary to avoid possible confusion between references to such Council and the District of Columbia Council. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(29) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the definition and redefinition of the central area of the District of Columbia to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. Section is also set out in D.C. Code, Sec. 1-2004. -MISC3- PRIOR PROVISIONS Similar provisions relating to the preparation and maintenance of a comprehensive plan for the National Capital and its environs, and the cooperation between the former National Capital Park and Planning Commission and agencies of the Federal and District Governments were contained in section 71 of this title, prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (c). Pub. L. 93-198, Sec. 203(d)(1), provided for Commission transmittal of its approval or disapproval respecting any building within thirty days after the day it was submitted to the Commission. Subsec. (e). Pub. L. 93-198, Sec. 203(d)(2), struck out 'of the foregoing provisions' after 'intent' and substituted 'Federal Government' for 'Federal and District Governments' in first sentence and substituted 'Federal activities' for 'Federal and District Governments' in second sentence. -TRANS- ABOLITION OF COUNCIL National Capital Regional Planning Council, referred to in subsec. (b), abolished by Reorg. Plan No. 5 of 1966, eff. Sept. 8, 1966, 31 F.R. 11857, 80 Stat. 1611, set out as a note under section 71b of this title. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136, 616 of this title; title 49 App. section 2458. ------DocID 43873 Document 119 of 816------ -CITE- 40 USC Sec. 71e -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71e. Repealed. Pub. L. 93-198, title II, Sec. 203(e), Dec. 24, 1973, 87 Stat. 782 -MISC1- Section, act June 6, 1924, ch. 270, Sec. 6, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 789, provided for inclusion in comprehensive plan of thoroughfare and mass transportation plans, providing in former subsec. (a) for preparation and adoption of plans by Commission and submission, approval, and revision and in former subsec. (b) for consultations prior to adoption of a thoroughfare plan, recommendations, and procedure by Bureau of Public Roads. ------DocID 43874 Document 120 of 816------ -CITE- 40 USC Sec. 71f -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71f. Capital improvements -STATUTE- (a) Six-year program of public works; recommendations and annual review; submission of advance programs The Commission shall recommend a six-year program of public works projects for the Federal Government which it shall review annually with the agencies concerned. To this end, each Federal agency shall submit to the Commission in the first quarter of each fiscal year a copy of its advance program of capital improvements within the National Capital and its environs. (b) Submission of multiyear capital improvement plan The Mayor shall submit to the Commission, by February 1 of each year, a copy of the multiyear capital improvements plan for the District developed by him under section 444 of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code, Sec. 47-303). The Commission shall have thirty days within which to comment upon such plan but shall have no authority to change or disapprove of such plan. -SOURCE- (June 6, 1924, ch. 270, Sec. 7, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 789, and amended 1967 Reorg. Plan No. 3, Sec. 402(32), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(f), title IV, Sec. 421, 87 Stat. 782, 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2005. -MISC3- PRIOR PROVISIONS Similar provisions relating to preparation and maintenance of a comprehensive plan for the National Capital and its environs, including public works, and for cooperation between the former National Capital Park and Planning Commission and Federal and District Governments were contained in section 71 of this title prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198 designated existing provisions as subsec. (a), inserted 'for the Federal Government' after 'public works projects', and struck out 'and the District of Columbia Council' after 'Federal agency'. Subsec. (b). Pub. L. 93-198 added subsec. (b). -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (b) for 'commissioner'. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(32) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the submission of a copy of the District's advance program of capital improvements to the National Capital Planning Commission, to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. -CROSS- DEFINITIONS The definitions in section 1-202 of the District of Columbia Code apply to this section as amended by Pub. L. 93-198. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title. ------DocID 43875 Document 121 of 816------ -CITE- 40 USC Sec. 71g -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71g. Zoning regulations and maps, and subdivision of lands -STATUTE- (a) Amendments of zoning regulations and maps The Commission may make a report and recommendation to the Zoning Commission of the District of Columbia, as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5-417), on proposed amendments of the zoning regulations and maps as to the relation, conformity, or consistency of such amendments with the comprehensive plan for the National Capital. The Commission may also submit to the said Zoning Commission proposed amendments or general revisions to the zoning regulations or the zoning map for said District. (b) Further reports on proposed amendments When requested by a properly authorized representative of the Commission, the Zoning Commission may at its discretion recess for a reasonable period of time any public hearing held by it to consider a proposed amendment to the zoning regulations or map, in order that the Commission or its representative may have an opportunity to present to the Zoning Commission a further report on the proposed amendment. (c) Performance of functions by Zoning Committee of National Capital Planning Commission The functions vested in the Commission pursuant to this section may, to such extent as the Commission shall determine, and subject to confirmation by the Commission when requested by the Zoning Commission of the District of Columbia, be performed by a committee of the Commission which shall be known as the Zoning Committee of the National Capital Planning Commission and shall consist of not less than three members of the Commission designated by the Commission for the purpose. The number of members serving on the Zoning Committee may be varied from time to time. (d) Recommendations as to platting and subdividing lands; procedure Any proposed change in or addition to the regulations or general orders regulating the platting and subdividing of lands and grounds in the District of Columbia shall first be submitted to the Commission by the Council of the District of Columbia for report and recommendation prior to adoption by such Council. Should the Council not concur in the recommendations of the Commission, it shall so advise the Commission with its reasons therefor and the Commission shall submit a final report within thirty days. After consideration of this final report, the Council may proceed to take action in accordance with its legal responsibilities and authority. It shall be the duty of the Commission to submit any proposed changes in or amendments to the general orders that the Commission considers appropriate and the Council shall treat the amendments proposed in the same manner as other proposed amendments. -SOURCE- (June 6, 1924, ch. 270, Sec. 8, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790, and amended 1967 Reorg. Plan No. 3, Sec. 402(21), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title II, Sec. 203(g), title IV, Sec. 401, 87 Stat. 783, 785.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2006. -MISC3- PRIOR PROVISIONS Similar provisions relating to the preparation and maintenance of a comprehensive plan for the National Capital and its environs, including zoning regulations, plats, and subdivisions, and for cooperation between the former National Capital Park and Planning Commission and Federal and District Governments were contained in section 71 of this title, prior to its amendment by act July 19, 1952. AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198 provided for the making of a report and recommendations as provided in section 5 of the Act of March 1, 1920 (D.C. Code, sec. 5-417), including consistency of proposed amendments of zoning regulations and maps with the comprehensive plan, substituting 'comprehensive plan for the National Capital' for 'comprehensive plan of the District of Columbia' and deleted provision for Commission submission to the Zoning Commission of proposed amendments or general revisions to the zoning regulations or the zoning map for the District. -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted in subsec. (d) for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council to reflect D.C. Code Sec. 1-613 and section 402(21) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to the making and publishing of general orders regulating the platting and subdividing of lands and grounds to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of Reorg. Plan No. 3 of 1967. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71a, 71i, 72, 72a, 136 of this title. ------DocID 43876 Document 122 of 816------ -CITE- 40 USC Sec. 71h -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71h. Transfer of functions to Commission -STATUTE- All other functions, powers, and duties of the National Capital Park and Planning Commission, including those formerly vested in the Highway Commission established by the Act of March 2, 1893 (27 Stat. 532) (D.C. Code, Sec. 7-107 et seq.), and those formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (43 Stat. 463) together with the personnel, records, property, and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, including trust funds, of the National Capital Park and Planning Commission, are transferred to the Commission. -SOURCE- (June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -REFTEXT- REFERENCES IN TEXT Act of March 2, 1893 (27 Stat. 532), referred to in text, is act Mar. 2, 1893, ch. 197, 27 Stat. 532, as amended, which appears in sections 7-107 to 7-111 of Title 7, Highways, Streets, Bridges, of the District of Columbia Code. The functions, powers, and duties formerly vested in the National Capital Park Commission by the Act of June 6, 1924 (43 Stat. 463), referred to in text, are the functions, powers, and duties vested by act June 6, 1924, ch. 270, Sec. 1 to 4, 43 Stat. 463, which enacted sections 71, 72, 73, and 74 of this title prior to the amendment of such act by act July 19, 1952, ch. 949, Sec. 1, 66 Stat. 781. The Commission, referred to in text, is the National Capital Planning Commission created by section 71a of this title. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2007. -TRANS- TRANSFER OF FUNCTIONS Functions of National Capital Park Commission and Highway Commission of District of Columbia transferred to National Capital Park and Planning Commission by act Apr. 30, 1926, ch. 198, 44 Stat. 376. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71i, 72, 72a of this title. ------DocID 43877 Document 123 of 816------ -CITE- 40 USC Sec. 71i -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 71i. Authorization of appropriations to carry out sections 71 to 71i -STATUTE- There are authorized to be appropriated, out of any moneys in the Treasury of the United States not otherwise appropriated and in any appropriate appropriation Act other than the annual District of Columbia Appropriation Act, such sums as may be necessary to carry out the provisions of sections 71 to 71i of this title, any existing provisions of law to the contrary notwithstanding. -SOURCE- (June 6, 1924, ch. 270, Sec. 10, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 791.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2008. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 72, 72a of this title. ------DocID 43878 Document 124 of 816------ -CITE- 40 USC Sec. 72 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72. Acquisition of land by Commission -STATUTE- Said Commission or a majority thereof is authorized and directed to acquire such lands as in its judgment shall be necessary and desirable in the District of Columbia and adjacent areas in Maryland and Virginia, within the limits of the appropriations made for such purposes, for suitable development of the National Capital park, parkway, and playground system. Said Commission is authorized to acquire such lands by purchase when they can be acquired at prices reasonable in the judgment of said Commission, otherwise by condemnation proceedings, such proceedings to acquire lands within the District of Columbia to be in accordance with the provisions of the Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), the Chief of Engineers of the Army being, for the purposes of sections 71 to 71i, 72, 73 and 74 of this title, clothed with all the power vested by the said act of August 30, 1890, in the board created. Said Commission is authorized to acquire such lands, located in Maryland or Virginia, either by purchase or condemnation proceedings, by such arrangements as to acquisition and payment for the lands as it shall determine upon by agreement with the proper officials of the States of Maryland and Virginia. In the selection of lands to be acquired the advice of the Commission of Fine Arts shall be requested. The designation of all lands to be acquired by condemnation, all contracts for purchase of lands, and all agreements between said Commission and the officials of the States of Maryland and Virginia shall be subject to the approval of the President of the United States. -SOURCE- (June 6, 1924, ch. 270, Sec. 11, formerly Sec. 2, 43 Stat. 463, renumbered Sec. 11, July 19, 1952, ch. 949, Sec. 2, 66 Stat. 791.) -REFTEXT- REFERENCES IN TEXT The Act of Congress approved August 30, 1890, providing a site for the Government Printing Office (United States Statutes at Large, volume 26, chapter 837), referred to in text, is act Aug. 30, 1890, ch. 837, 26 Stat. 412, which enacted section 120 of this title, section 861a of former Title 10, Army and Air Force, section 446 of Title 16, Conservation, sections 497, 601 and 651 of former Title 31, Money and Finance, section 887 of Title 33, Navigation and Navigable Waters, and sections 212, 662 and 945 of Title 43, Public Lands, and amended section 321 of Title 43. Former Titles 10 and 31 were revised generally by act Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 1, and Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877, respectively. For disposition of sections of former titles, see Table I - Revised Titles. For complete classification of this Act to the Code, see Tables. Section 2 of act August 30, 1890, referred to in text, created a board consisting of the Secretary of the Treasury, the Public Printer, and the Architect of the Capitol to acquire land for the accommodation of the Government Printing Office and the construction of needed storage and distributing warehouses in connection therewith. Section 3 of such act authorized the board to acquire the land by negotiation at a price not above a fair relative value as to other lands which had been sold in the immediate vicinity; or if the board were unable to purchase said land by agreement with any one or more of the respective owners at a reasonable price within sixty days after the passage of the act, it was authorized to 'make application to the Supreme Court of the District of Columbia (now the United States District Court for the District of Columbia), at any general or special term thereof, by petition for the condemnation of such land not so purchased, and for the ascertainment of its value. Such petition shall contain a particular description of the property not so purchased, and selected for the purpose aforesaid, with the name of the owner or owners thereof and their residences, so far as the same may be ascertained, together with a plan of the land proposed to be taken; and thereupon the said court is authorized and required to cite all such owners and all other persons interested to appear in said court at a time to be fixed by such court, on reasonable notice, to answer the said petition; and if it shall appear to the court that there are any owners or other persons interested who are under disability the court shall give public notice of the time at which the said court will proceed with the matter of condemnation; and at such time if it shall appear that there are any persons under disability either who have appeared or who have not appeared, the court shall appoint guardians ad litem for each such persons, and the court shall thereupon proceed to appoint three capable and disinterested commissioners to appraise the value of the respective interests of all persons concerned in such lands, under such regulations as to notice and hearing as to the court shall seem meet. Such commissioners shall thereupon, after being duly sworn for the proper performance of their duties, examine the premises and hear the persons in interest who may appear before them, and return their appraisement of the value of the interests of all persons, respectively, in such land; and in case any of the persons entitled according to the judgment of the court are under disability, or can not be found, or neglect to receive payment, the money to be paid to any of them shall be deposited in the Treasury to their credit, unless there shall be some person lawfully authorized to receive the same under the direction of the court, and when such payments are so made, or the amounts belonging to persons to whom payment shall not be made are so deposited, the said lands shall be deemed to be condemned and taken by the United States for the public use.' These provisions were never executed and the appropriation therefor was suspended by act Mar. 3, 1891, ch. 542, 26 Stat. 989. However, the provisions of section 3 of the act of Aug. 30, 1890, referred to and partly quoted above, with respect to condemnation proceeding, were rendered general and permanent by a provision of the end of that section which read as follows: 'And hereafter, in all cases of the taking of property in the District of Columbia for public use, whether herein, heretofore, or hereafter authorized, the foregoing provisions, as it respects the application by the proper officer to the supreme court of the District of Columbia (see above for change in name) and the proceedings therein shall be as in the foregoing provisions declared'. In view of this provision, section 3, reworded at the beginning thereof to incorporate it, was classified to former section 120 of this title. Former section 120 was superseded in effect by act Mar. 1, 1929, ch. 416, 45 Stat. 1415, which was formerly classified to section 361 et seq. of this title. See chapter 13 (Sec. 16-1301 et seq.) of Title 16, Particular Actions, Proceedings and Matters, of the District of Columbia Code. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2009. -TRANS- TRANSFER OF FUNCTIONS 'Commission', as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title. DELEGATION OF FUNCTIONS Authority of President under last sentence of this section to approve (i) designation of lands to be acquired by condemnation, (ii) contracts for purchase of lands, and (iii) agreements between National Capital Planning Commission and officials of States of Maryland and Virginia delegated to Director of Office of Management and Budget, see section 9(4) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71h, 72a, 74 of this title. ------DocID 43879 Document 125 of 816------ -CITE- 40 USC Sec. 72a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72a. Acquisition of land by Commission subject to limited rights reserved to grantor; acquisition of limited permanent rights in land adjoining park property -STATUTE- The authority of the National Capital Planning Commission, established by section 71 of this title, is enlarged as follows: Said Commission is authorized to acquire, for and in behalf of the United States of America, by gift, devise, purchase, or condemnation, in accordance with the provisions of sections 71 to 71i, 72, 73, and 74 of this title, (1) fee title to land subject to limited rights, but not for business purposes, reserved to the grantor: Provided, That such reservation of rights shall not continue beyond the life or lives of the grantor or grantors of the fee: Provided further, That in the opinion of said Commission the permanent public park purposes for which control over said land is needed are not essentially impaired by said reserved rights and that there is a substantial saving in cost by acquiring said land subject to said limited rights as compared with the cost of acquiring unencumbered title thereto; (2) permanent rights in land adjoining park property sufficient to prevent the use of said land in certain specified ways which would essentially impair the value of the park property for its purposes: Provided, That in the opinion of said Commission the protection and maintenance of the essential public values of said park can thus be secured more economically than by acquiring said land in fee or by other available means: Provided further, That all contracts for acquisition of land subject to such limited rights reserved to the grantor and for acquisition of such limited permanent rights in land shall be subject to the approval of the President of the United States. -SOURCE- (Dec. 22, 1928, ch. 48, Sec. 1, 45 Stat. 1070; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -REFTEXT- REFERENCES IN TEXT Former provisions of section 71 of this title, referred to in text, established the National Capital Park and Planning Commission, to which such clause originally referred. For transfer of functions, powers, etc., of that Commission to the National Capital Planning Commission, see Transfer of Functions note set out below, and for creation of the latter Commission, see section 71a of this title. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-101. -TRANS- TRANSFER OF FUNCTIONS In opening clause, 'National Capital Planning Commission' substituted for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. DELEGATION OF FUNCTIONS Authority of President under this section to approve contracts for acquisition of land subject to limited rights reserved to grantor and for acquisition of limited permanent rights in land adjoining park property delegated to Director of Office of Management and Budget, see section 9(5) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. ------DocID 43880 Document 126 of 816------ -CITE- 40 USC Sec. 72b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72b. Lease of lands acquired for park, parkway, or playground purposes -STATUTE- The Administrator of General Services is authorized, subject to the approval of the National Capital Planning Commission, to lease, for a term not exceeding five years, and to renew such lease, subject to such approval, for an additional term not exceeding five years, pending need for their immediate use in other ways by the public, and on such terms as the Administrator shall determine, land or any existing building or structure on land acquired for park, parkway, or playground purposes. -SOURCE- (Dec. 22, 1928, ch. 48, Sec. 2, 45 Stat. 1070; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. 1, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-103. -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. 'Administrator of General Services' substituted in text for 'Director of Public Buildings and Public Parks of the National Capital'. See Transfer of Functions note set out under section 19 of this title. ------DocID 43881 Document 127 of 816------ -CITE- 40 USC Sec. 72c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72c. Power to sell lands -STATUTE- The Mayor of the District of Columbia, with the approval of the National Capital Planning Commission, is authorized and empowered in his discretion, for the best interests of the District of Columbia, to sell and convey, in whole or in part, to the highest bidder at public or private sale, real estate now or hereafter owned in fee simple by the District of Columbia for municipal use, in the District of Columbia, which the Council of the District of Columbia and the National Capital Planning Commission find to be no longer required for public purposes. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 1, 53 Stat. 1211; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790; 1967 Reorg. Plan No. 3, Sec. 401, 402(192), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 401, 421, 87 Stat. 785, 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-401. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. Function of Board of Commissioners to find that real estate is no longer required for a public purpose transferred to District of Columbia Council pursuant to section 402(192) of Reorg. Plan No. 3 of 1967. 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43882 Document 128 of 816------ -CITE- 40 USC Sec. 72d -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72d. Expenses of land sales -STATUTE- The Mayor of the District of Columbia is further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold, and shall deposit the net proceeds thereof in the Treasury of the United States to the credit of the District of Columbia. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 2, 53 Stat. 1211; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-402. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43883 Document 129 of 816------ -CITE- 40 USC Sec. 72e -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 72e. Execution of deeds to lands -STATUTE- The Mayor of the District of Columbia is authorized to execute proper deeds of conveyance for real estate sold under the provisions of sections 72c to 72e and 74a to 74c of this title, which shall contain a full description of the land sold, either by metes and bounds, or otherwise, according to law. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 3, 53 Stat. 1211; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-403. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 74b of this title. ------DocID 43884 Document 130 of 816------ -CITE- 40 USC Sec. 73 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 73. Authorization of appropriations for expenses, and acquisition of lands by Commission; assignment of playground areas; control of lands outside District -STATUTE- There is authorized to be appropriated, each year, in the annual District of Columbia Appropriation Act, a sum not exceeding 1 cent for each inhabitant of the continental United States as determined by the last preceding decennial census, said sum to be used by said Commission for the payment of its expenses and for the acquisition of the lands herein authorized to be acquired by said Commission for the purposes named, the compensation for the land, the expense of surveys, ascertainment of title, condemnation proceedings, if any, and necessary conveyancing to be paid from said appropriations. The funds so appropriated shall be paid from the revenues of the District of Columbia and the general funds of the Treasury in the same proportion as other expenses of the District of Columbia. The land so acquired within the District of Columbia shall be a part of the park system of the District of Columbia and be under control of the Director of the National Park Service. Areas suitable for playground purposes may, in the discretion of said Commission, be assigned to the control of the Mayor of the District of Columbia for playground purposes. The land so acquired outside the District of Columbia shall be controlled as determined by agreement between said commission and the proper officers of the States of Maryland and Virginia, such agreements to be subject to the approval of the President. -SOURCE- (June 6, 1924, ch. 270, Sec. 12, formerly Sec. 3, 43 Stat. 463; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933, Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; renumbered Sec. 12, July 19, 1952, ch. 949, Sec. 2, 66 Stat. 791; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2010. -TRANS- TRANSFER OF FUNCTIONS 'Commission', as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title. Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. Act Feb. 26, 1925 ch. 339, Sec. 3, 43 Stat. 983, abolished office of Public Buildings and Grounds under Chief of Engineers and transferred functions thereof to Director of Public Buildings and Public Parks. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71h, 72, 72a, 74 of this title. ------DocID 43885 Document 131 of 816------ -CITE- 40 USC Sec. 74 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74. Annual reports of Commission to Congress; estimates for Office of Management and Budget -STATUTE- 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. It shall also submit to the Office of Management and Budget on or before December 15 of each year its estimate of the total sum to be appropriated for expenditure under the provisions of sections 71 to 71i, 72, 73 and 74 of this title during the succeeding fiscal year. -SOURCE- (June 6, 1924, ch. 270, Sec. 13, formerly Sec. 4, 43 Stat. 464, renumbered Sec. 13, July 19, 1952, ch. 949, Sec. 2, 66 Stat. 791; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Apr. 21, 1976, Pub. L. 94-273, Sec. 21, 90 Stat. 379.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2011. -MISC3- AMENDMENTS 1976 - Pub. L. 94-273 substituted 'March' for 'December' and 'December' for 'September'. -TRANS- TRANSFER OF FUNCTIONS 'Commission', as used in this section, refers to National Capital Planning Commission, rather than to National Capital Park and Planning Commission, in view of transfer of functions, powers, etc., from latter to former by section 71h of this title. Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of United States by section 101 of Reorg. Plan No. 2 of 1970. Section 102 of Reorg. Plan No. 2 of 1970 redesignated Bureau of the Budget as Office of Management and Budget. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71, 71h, 72, 72a of this title. ------DocID 43886 Document 132 of 816------ -CITE- 40 USC Sec. 74a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74a. Sale by the Secretary of the Interior of lands no longer needed for public purposes -STATUTE- The Secretary of the Interior, with the approval of the National Capital Planning Commission, is authorized, in his discretion, for the best interests of the United States, to sell and convey, in whole or in part, by proper deed or instrument, any real estate held by the United States in the District of Columbia and under the jurisdiction of the National Park Service, which may be no longer needed for public purposes for cash, or on such deferred-payment plan as the Secretary of the Interior may approve, at a price not less than that paid for it by the Government and not less than its present appraised value as determined by him. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 4, 53 Stat. 1211; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-404. -MISC3- REPEALS Section 7 of act Aug. 5, 1939, repealed all acts and parts of acts inconsistent or in conflict therewith. -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43887 Document 133 of 816------ -CITE- 40 USC Sec. 74b -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74b. Sale to highest bidder; rights of abutting owner -STATUTE- In selling any parcel of land under sections 72c to 72e and 74a to 74c said Secretary shall cause such public or private solicitation for bids or offers to be made as he may deem appropriate, and shall sell the parcel to the party agreeing to pay the highest price therefor if such price is otherwise satisfactory: Provided, That in the event the price offered or bid by the owner of any lands abutting the lands to be sold equals the highest price offered or bid by any other party, the parcel may be sold to such abutting owner. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 5, 53 Stat. 1211.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-405. -MISC3- REPEALS For repeal, see note under section 74a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 72e of this title. ------DocID 43888 Document 134 of 816------ -CITE- 40 USC Sec. 74c -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 74c. Expenses of sale; disposition of proceeds -STATUTE- Said Secretary is further authorized to pay the reasonable and necessary expenses of sale of each parcel of land sold, and shall deposit the net proceeds thereof in the Treasury to the credit of the United States and the District of Columbia in the proportion that each paid the appropriations from which the parcels of land were acquired or were obligated to pay the same, at the time of acquisition, by reimbursement. -SOURCE- (Aug. 5, 1939, ch. 449, Sec. 6, 53 Stat. 1211.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-406. -MISC3- REPEALS For repeal, see note under section 74a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 72e, 74b of this title. ------DocID 43889 Document 135 of 816------ -CITE- 40 USC Sec. 75 to 77 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 75 to 77. Omitted -COD- CODIFICATION Section 75, acts July 1, 1898, ch. 543, Sec. 2, 30 Stat. 570; Feb. 2, 1904, ch. 89, 33 Stat. 10; Apr. 14, 1906, ch. 1622, 34 Stat. 112; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to park system in District of Columbia and rules relating to improvements, parking spaces, and business streets. See D.C. Code, Sec. 8-104. Section 76, acts June 5, 1920, ch. 235, 41 Stat. 898; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to vehicle and traffic regulations issued and enforced by Director of National Park Service in District of Columbia. See D.C. Code, Sec. 8-105. Section 77, act May 27, 1924, ch. 199, Sec. 9, 43 Stat. 176, related to appointment and powers of special police in District of Columbia. See D.C. Code, Sec. 4-205. ------DocID 43890 Document 136 of 816------ -CITE- 40 USC Sec. 77a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 77a. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 656 -MISC1- Section, act Aug. 11, 1951, ch. 301, title I, 65 Stat. 185, authorized a detail of Secret Service Agents to supervise the guard for Treasury Department buildings. Acts May 6, 1939, ch. 115, title I, 53 Stat. 657; Mar. 25, 1940, ch. 71, title I, 54 Stat. 57; May 31, 1941, ch. 156, title I, 55 Stat. 214; Mar. 10, 1942, ch. 178, title I, 56 Stat. 152; June 30, 1943, ch. 179, title I, 57 Stat. 260; Apr. 22, 1944, ch. 175, title I, 58 Stat. 204; Apr. 24, 1945, ch. 92, title I, 59 Stat. 64; July 20, 1946, ch. 588, title I, 60 Stat. 576; July 1, 1947, ch. 186, title I, 61 Stat. 222; June 14, 1948, ch. 466, title I, 62 Stat. 413; June 30, 1949, ch. 286, title I, 63 Stat. 362; Sept. 6, 1950, ch. 896, Ch. IV, title I, 64 Stat. 638, which contained similar provisions to section 77a of this title, were repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 650 to 656. ------DocID 43891 Document 137 of 816------ -CITE- 40 USC Sec. 78 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 78. Omitted -COD- CODIFICATION Section, acts July 1, 1898, ch. 543, Sec. 4, 30 Stat. 570; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to use of spaces and reservation of spaces for widening roadways in the District of Columbia. See D.C. Code, Sec. 8-123. ------DocID 43892 Document 138 of 816------ -CITE- 40 USC Sec. 79 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 79. Transfers of jurisdiction between Director of National Park Service and Mayor of the District of Columbia -STATUTE- When in accordance with law or mutual legal agreement, spaces or portions of public land are transferred from the jurisdiction of the Director of the National Park Service, as established by this Act to that of the Mayor of the District of Columbia, or vice versa, the letters exchanged between them of transfer and acceptance shall be sufficient authority for the necessary change in the official maps and for record when necessary. -SOURCE- (July 1, 1898, ch. 543, Sec. 5, 30 Stat. 570; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933, Mar. 2, 1934, ch. 38, 48 Stat. 389; 1939 Reorg. Plan No. 1, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act July 1, 1898, ch. 543, 30 Stat. 570, as amended, which enacted sections 60, 75, 78, 79, and 80 of this title and amended section 67 of this title. Sections 60, 67, 75, 78, and 80 of this title have been omitted from the Code. See sections 8-106, 5-204, 8-104, 8-123, and 8-137 of the D.C. Code. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-129. Act July 1, 1898 applied to transfers of land from the jurisdiction of the Chief of Engineers of the United States Army, as established by said act to that of the Commissioners of the District of Columbia, or vice versa. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. National Park Service, referred to in text, is an agency of Department of the Interior. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. 1, of 1939. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof transferred to Office of National Parks, Buildings and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. Office of Public Buildings and Grounds under Chief of Engineers abolished and functions of Chief of Engineers and of Secretary of War with respect thereto transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. Section 402(181) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, transferred regulatory and other functions of Board of Commissioners relating to transferal of jurisdiction over properties or parts of properties to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof under this section, to District of Columbia Council, subject to right of Commissioner as provided by section 406 of the Plan. For provisions establishing District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967. -CROSS- CROSS REFERENCES General authorization for transfer; recommendation by National Capital Planning Commission; reports to Congress, see section 122 of this title. ------DocID 43893 Document 139 of 816------ -CITE- 40 USC Sec. 80, 81 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 80, 81. Omitted -COD- CODIFICATION Section 80, acts July 1, 1898, ch. 543, Sec. 6, 30 Stat. 571; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to authority to make regulations for care of public grounds. See D.C. Code, Sec. 8-137. Section 81, acts Mar. 4, 1909, ch. 299, 35 Stat. 994; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to authority to make regulations for care of sidewalks. See D.C. Code, Sec. 8-138. ------DocID 43894 Document 140 of 816------ -CITE- 40 USC Sec. 82 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 82. Public spaces resulting from filling of canals under jurisdiction of Director -STATUTE- All public spaces resulting from the filling of canals in the original city of Washington not under the jurisdiction of the Director of the National Park Service as of August 1, 1914, except such portions as are included in the navy yard or in actual use as roadways and sidewalks, and except the portions assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station, respectively, are placed under the jurisdiction of the Director of the National Park Service and shall be laid out as reservations as a part of the park system of the District of Columbia. -SOURCE- (Aug. 1, 1914, ch. 223, 38 Stat. 633; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-139. Section is based on Sundry Civil Appropriation Act Aug. 1, 1914, fiscal year 1915. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions from Chief of Engineers of United States Army to Director of National Park Service by act Feb. 26, 1925, Ex. Ord. No. 6166, and by act Mar. 2, 1934, see note set out under section 73 of this title. ------DocID 43895 Document 141 of 816------ -CITE- 40 USC Sec. 83 to 88 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 83 to 88. Omitted -COD- CODIFICATION Section 83, act Sept. 27, 1890, ch. 1001, Sec. 1, 26 Stat. 492, related to establishment of Rock Creek Park in District of Columbia. See D.C. Code, Sec. 8-140. Section 84, acts Sept. 27, 1890, ch. 1001, Sec. 7, 26 Stat. 495; July 1, 1918, ch. 113, 40 Stat. 650; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to control and regulation of Rock Creek Park in District of Columbia. See D.C. Code, Sec. 8-142. Section 85, act July 1, 1918, ch. 113, 40 Stat. 650, related to Piney Branch Parkway part of park system in District of Columbia. See D.C. Code, Sec. 8-146. Section 86, act Mar. 3, 1897, ch. 375, 29 Stat. 624, related to establishment of Potomac Park in District of Columbia. See D.C. Code, Sec. 8-147. Section 87, acts Aug. 1, 1914, ch. 223, 38 Stat. 634; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to control of Potomac Park in District of Columbia. See D.C. Code, Sec. 8-148. Section 88, act Aug. 1, 1914, ch. 223, 38 Stat. 634, related to restriction on construction of lagoon or speedway in Potomac Park in District of Columbia. See D.C. Code, Sec. 8-149. ------DocID 43896 Document 142 of 816------ -CITE- 40 USC Sec. 89 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 89. Potomac Park; temporary occupancy by Department of Agriculture -STATUTE- The Director of the National Park Service is authorized to grant permission to the Department of Agriculture for the temporary occupation of such area or areas of Potomac Park, not exceeding a total of seventy-five acres in extent, as may not be needed in any one season for the reclamation or park improvement, the said areas to be used by the Department of Agriculture as testing grounds: Provided, That nothing herein contained shall be construed to change the essential character of the lands so used, which lands shall continue to be a public park, as provided in section 86 of this title: And provided further, That said area or areas shall be vacated by the Department of Agriculture at the close of any season upon the request of the said director: And provided further, That the entire park shall remain under the charge of the said director. -SOURCE- (Mar. 3, 1899, ch. 458, Sec. 2, 30 Stat. 1378; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389.) -REFTEXT- REFERENCES IN TEXT Section 86 of this title, referred to in text, was omitted from the Code. See D.C. Code, Sec. 8-147. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-150. -TRANS- TRANSFER OF FUNCTIONS Duties imposed upon Secretary of War in relation to grounds, parks, etc., in District of Columbia transferred to Director of Public Buildings and Public Parks of National Capital by act Feb. 26, 1925. Office of Public Buildings and Public Parks of National Capital abolished and its functions transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. ------DocID 43897 Document 143 of 816------ -CITE- 40 USC Sec. 90 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 90. Omitted -COD- CODIFICATION Section, act May 27, 1908, ch. 200, 35 Stat. 355, related to licenses for boathouses on banks of tidal reservoir on Potomac River in District of Columbia. See D.C. Code, Sec. 8-151. ------DocID 43898 Document 144 of 816------ -CITE- 40 USC Sec. 91 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 91. Repealed. Mar. 4, 1925, ch. 556, 43 Stat. 1323 -MISC1- Section, act June 12, 1917, ch. 27, 40 Stat. 133, related to Tidal Basin bathing beach. ------DocID 43899 Document 145 of 816------ -CITE- 40 USC Sec. 92 to 99 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 92 to 99. Omitted -COD- CODIFICATION Section 92, act Mar. 4, 1913, ch. 147, Sec. 22, 37 Stat. 885, related to reimbursement to United States of part of cost of construction of parkway connecting Potomac Park with Zoological Park and Rock Creek Park in District of Columbia. See D.C. Code, Sec. 8-152. Section 92a, act Mar. 2, 1929, ch. 542, 45 Stat. 1523, related to boundaries of parkway connecting Potomac Park with Zoological and Rock Creek Parks in District of Columbia. See D.C. Code, Sec. 8-153. Section 93, acts Mar. 4, 1913, ch. 150, 37 Stat. 971; Aug. 1, 1914, ch. 223, 38 Stat. 625; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to small parks at certain street intersections in District of Columbia. See D.C. Code, Sec. 8-107. Section 94, act Aug. 31, 1918, ch. 164, 40 Stat. 950, 951, related to designation of Anacostia Park in District of Columbia. See D.C. Code Sec. 8-155. Section 95, act June 6, 1924, ch. 271, Sec. 1, 43 Stat. 464, related to boundaries of Glover Parkway and Children's Playground in District of Columbia. See D.C. Code Sec. 8-156. Section 96, act June 6, 1924, ch. 271, Sec. 2, 43 Stat. 464, related to designation of Glover Parkway and Children's Playground as part of park system of District of Columbia. See D.C. Code, Sec. 8-157. Section 97, acts May 18, 1910, ch. 248, 36 Stat. 383; Feb. 26, 1925, ch. 339, Sec. 3, 43 Stat. 983, related to jurisdiction over reservation number 185 in District of Columbia. See D.C. Code, Sec. 8-122. Section 98, act Mar. 3, 1903, ch. 1007, 32 Stat. 1122, related to use of public grounds for playgrounds in District of Columbia. See D.C. Code, Sec. 8-124. Section 99, act May 27, 1908, ch. 200, 35 Stat. 355, related to licenses for temporary structures on reservations used as playgrounds in District of Columbia. See D.C. Code, Sec. 8-125. ------DocID 43900 Document 146 of 816------ -CITE- 40 USC Sec. 100 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 100. Part of Washington Aqueduct for playground purposes -STATUTE- The Chief of Engineers is authorized to transfer for playground purposes the possession, use, and control of all that portion of the land of the Washington Aqueduct adjacent to the Champlain Avenue pumping station and lying outside of the fence around said pumping station existing on August 31, 1918, to the control and jurisdiction of the Mayor of the District of Columbia. Nothing in this section shall be construed as affecting the superintendence and control of the Secretary of the Army over the Washington Aqueduct, its rights, appurtenances, and fixtures connected with the same. -SOURCE- (Aug. 31, 1918, ch. 164, 40 Stat. 951; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is based on District of Columbia Appropriation Act of Aug. 31, 1918. Section is also set out in D.C. Code, Sec. 8-126. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 43901 Document 147 of 816------ -CITE- 40 USC Sec. 101 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 101. Laws of District extended to public buildings and grounds -STATUTE- The provisions of the several laws and regulations within the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District of Columbia. Any person guilty of disorderly and unlawful conduct in or about the same, or who shall willfully injure the buildings or shrubs, or shall pull down, impair, or otherwise injure any fence, wall, or other inclosure, or shall injure any sink, culvert, pipe, hydrant, cistern, lamp, or bridge, or shall remove any stone, gravel, sand, or other property of the United States, or any other part of the public grounds or lots belonging to the United States in the District of Columbia shall be fined not more than $500, or imprisoned not more than six months, or both. -SOURCE- (July 29, 1892, ch. 320, Sec. 15, 27 Stat. 325; Oct. 20, 1967, Pub. L. 90-108, Sec. 2, 81 Stat. 277.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 4-116, 22-3111. -MISC3- PRIOR PROVISIONS Provisions similar to those comprising this section were contained in former section 192 of this title. AMENDMENTS 1967 - Pub. L. 90-108 substituted 'shall be fined not more than $500, or imprisoned not more than six months, or both' for 'shall, upon conviction thereof, be fined not more than $50'. VIOLATIONS PRIOR TO 1967 AMENDMENT For prosecution of violations of this section prior to enactment of Pub. L. 90-108, see section 3 of Pub. L. 90-108, set out as an Effective Date of 1967 Amendment note under section 193a of this title. EFFECT OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212b of this title, see note set out under section 193a of this title. BOARD OF METROPOLITAN POLICE Duties and authority of former Board of Metropolitan Police of District of Columbia, for police purposes, were extended to all public squares and places, and authorizing and requiring Board to make appropriate rules and regulations in relation thereto, by act Mar. 3, 1875, ch. 130, 18 Stat. 385, and repeated in act July 31, 1876, ch. 246, 19 Stat. 110, and act Mar. 3, 1877, ch. 105, 19 Stat. 346. Powers and duties exercised by Board transferred to Commissioners of District of Columbia by act June 11, 1878, ch. 180, Sec. 6, 20 Stat. 107. SPECIAL POLICEMEN The provision of act Oct. 26, 1942, ch. 629, title II, 56 Stat. 1000, which related to designation by Commissioner of Public Buildings of employees of Public Buildings Administration as special policemen without compensation during continuance of unlimited national emergency declared by President on May 27, 1941, was repealed, effective July 1, 1948, by Joint Res. July 25, 1947, ch. 327, Sec. 2(a), 61 Stat. 451. ------DocID 43902 Document 148 of 816------ -CITE- 40 USC Sec. 102 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 102. Ailanthus trees prohibited -STATUTE- No more ailantus (FOOTNOTE 1) trees shall be purchased for or planted in the public grounds. (FOOTNOTE 1) So in original. Probably should be 'ailanthus'. -SOURCE- (R.S. Sec. 1830.) -COD- CODIFICATION R.S. Sec. 1830 derived from act Mar. 3, 1853, ch. 97, Sec. 1, 10 Stat. 207. ------DocID 43903 Document 149 of 816------ -CITE- 40 USC Sec. 103 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 103. Trees, shrubs, and plants, in greenhouses and nursery -STATUTE- On and after June 20, 1878, only such trees, shrubs, and plants shall be propagated at the greenhouses and nursery as are suitable for planting in the public reservations, to which purpose only the said productions of the greenhouses and nursery shall be applied. -SOURCE- (June 20, 1878, ch. 359, 20 Stat. 220.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act June 20, 1878, fiscal year 1879. -TRANS- TRANSFER OF FUNCTIONS Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain exceptions, to Secretary of Agriculture by Reorg. Plan No. 2 of 1953, Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 43904 Document 150 of 816------ -CITE- 40 USC Sec. 104 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 104. Commission of Fine Arts -STATUTE- A permanent Commission of Fine Arts is created to be composed of seven well-qualified judges of the fine arts, who shall be appointed by the President, and shall serve for a period of four years each, and until their successors are appointed and qualified. The President shall have authority to fill all vacancies. It shall be the duty of such commission to advise upon the location of statues, fountains, and monuments in the public squares, streets, and parks in the District of Columbia, and upon the selection of models for statues, fountains, and monuments erected under the authority of the United States and upon the selection of artists for the execution of the same. It shall be the duty of the officers charged by law to determine such questions in each case to call for such advice. The foregoing provisions of this section shall not apply to the Capitol Building of the United States and the building of the Library of Congress. The commission shall also advise generally upon questions of art when required to do so by the President, or by any committee of either House of Congress. Said commission shall have a secretary and such other assistance as the commission may authorize, and the members of the commission shall each be paid actual expenses in going to and returning from Washington to attend the meetings of said Commission and while attending the same. -SOURCE- (May 17, 1910, ch. 243, Sec. 1, 36 Stat. 371.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 106 of this title. ------DocID 43905 Document 151 of 816------ -CITE- 40 USC Sec. 105 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 105. Secretary and executive officer -STATUTE- The officer in charge of public buildings and grounds shall be the secretary and shall act as the executive officer of the Commission of Fine Arts. -SOURCE- (June 25, 1910, ch. 384, 36 Stat. 728.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act June 25, 1910, fiscal year 1910. -CROSS- CROSS REFERENCES Supervision of public buildings and grounds in the District of Columbia not otherwise provided by law, see section 19 of this title and note thereunder. ------DocID 43906 Document 152 of 816------ -CITE- 40 USC Sec. 106 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 106. Authorization of appropriations -STATUTE- There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of section 104 of this title. -SOURCE- (May 17, 1910, ch. 243, Sec. 2, 36 Stat. 371; May 25, 1955, ch. 76, 69 Stat. 66; May 13, 1960, Pub. L. 86-461, 74 Stat. 128.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-461 substituted 'There are authorized to be appropriated such amounts as may be necessary to carry out the provisions of section 104 of this title' for 'To meet the expenses made necessary by section 104 of this title an expenditure of not exceeding $35,000 a year is authorized'. 1955 - Act May 25, 1955, increased amount authorized for annual expenses from $10,000 to $35,000. ------DocID 43907 Document 153 of 816------ -CITE- 40 USC Sec. 107, 108 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 107, 108. Omitted -COD- CODIFICATION Section 107, act Mar. 3, 1899, ch. 458, Sec. 1, 30 Stat. 1377, related to control and jurisdiction of wharf property in District of Columbia. See D.C. Code, Sec. 9-101. Section 108, act Mar. 3, 1899, ch. 458, Sec. 2, 30 Stat. 1378, related to District of Columbia wharf property and the authority to make rules and regulations relating to leases and rents. See D.C. Code, Sec. 9-102. ------DocID 43908 Document 154 of 816------ -CITE- 40 USC Sec. 109, 109a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 109, 109a. Repealed. July 18, 1940, ch. 634, Sec. 1, 2, 54 Stat. 764 -MISC1- Section 109, act July 18, 1940, ch. 634, Sec. 1, 54 Stat. 764, related to inspection of fuel in District of Columbia and repealed R.S. Sec. 3711, 3712, 3713, from which section 109 was derived, but made no mention of acts Mar. 2, 1895, ch. 177, Sec. 6, 28 Stat. 808; Mar. 15, 1898, ch. 68, Sec. 6, 30 Stat. 316; June 10, 1921, ch. 18, Sec. 301, 304, 42 Stat. 23, 24, which were amendments to R.S. Sec. 3711. Section 109a, act July 18, 1940, ch. 634, Sec. 2, 54 Stat. 764, repealed those parts of acts Mar. 15, 1934, ch. 70, title I, 48 Stat. 438; May 14, 1935, ch. 110, 49 Stat. 234; June 23, 1936, ch. 725, 49 Stat. 1844; May 14, 1937, ch. 180, title I, 50 Stat. 154; Mar. 28, 1938, ch. 55, 52 Stat. 139, from which section 109a was derived, and which related to purchases of coal and wood by Procurement Division; application of statutory requirements as to weighing, etc., but failed to repeal act May 6, 1939, ch. 115, title I, 53 Stat. 674, and act Mar. 25, 1940, ch. 71, title I, 54 Stat. 69, which contained similar provisions. Similar provisions were also contained in Treasury Department Appropriation Acts of June 30, 1943, ch. 179, title I, 57 Stat. 262; Mar. 10, 1942, ch. 178, title I, 56 Stat. 161; May 31, 1941, ch. 156, title I, 55 Stat. 226. No subsequent act contained those provisions. ------DocID 43909 Document 155 of 816------ -CITE- 40 USC Sec. 110 to 112 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 110 to 112. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(85-87), 65 Stat. 704 -MISC1- Section 110, act July 1, 1918, ch. 113, 40 Stat. 672, related to fuel storage and distributing yards in District of Columbia and authority of Secretary of the Treasury to select, purchase, contract for and distribute fuel required by the Federal and District of Columbia governments. Section 111, act July 11, 1919, ch. 9, 41 Stat. 148, excepted naval establishments from operation of section 110 of this title except the naval hospital in District of Columbia. Section 112, act July 19, 1919, ch. 24, 41 Stat. 200, related to authority of Secretary of the Treasury to contract for the purchase of fuel in advance of the availability of appropriations. ------DocID 43910 Document 156 of 816------ -CITE- 40 USC Sec. 112a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 112a. Omitted -COD- CODIFICATION Section, act Mar. 5, 1928, ch. 126, title I, 45 Stat. 186, related to payment of contracts for fuel for public buildings. See sections 474, 481, and 756 of this title. ------DocID 43911 Document 157 of 816------ -CITE- 40 USC Sec. 113 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 113. Delivery of fuel for use during ensuing fiscal year -STATUTE- The Administrator of General Services is authorized to deliver, during the months of April, May, and June of each year, to all branches of the Federal service and the municipal government in the District of Columbia, such quantities of fuel for their use during the following fiscal year as it may be practicable to store at the points of consumption, payment therefor to be made by these branches of the Federal service and municipal government from their applicable appropriations for such fiscal year. -SOURCE- (June 5, 1920, ch. 235, 41 Stat. 913; Ex. Ord. No. 4239, July 1, 1925; Ex. Ord. No. 6166, Sec. 1, June 10, 1933.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act June 5, 1920, fiscal year 1920. -TRANS- TRANSFER OF FUNCTIONS Transfers of functions in respect to Government fuel yards by Executive Orders and act June 30, 1949, ch. 288, 63 Stat. 380, see sections 474, 481, and 756 of this title. The authority of this section originally, by act June 5, 1920, was vested in Secretary of the Interior. -CROSS- CROSS REFERENCES Operation of fuel yards by Administrator of General Services or executive agencies, see section 481 of this title. ------DocID 43912 Document 158 of 816------ -CITE- 40 USC Sec. 114. Repealed -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 114. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(88), 65 Stat. 704 -MISC1- Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1211, related to payments by various branches of Federal service for fuel furnished, and method thereof. See section 756 of this title. ------DocID 43913 Document 159 of 816------ -CITE- 40 USC Sec. 115, 115a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 115, 115a. Omitted -COD- CODIFICATION Section 115, act Mar. 1, 1933, ch. 144, title III, 47 Stat. 1406, related to requirement that all moneys received from sales of fuel be credited to appropriation for operating expenses of fuel yard. Section 115a, act Mar. 15, 1934, ch. 70, title I, 48 Stat. 438, related to purchases of coal and wood by government fuel yards and application of statutory requirements as to weighing etc. ------DocID 43914 Document 160 of 816------ -CITE- 40 USC Sec. 116, 117 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 116, 117. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(85), (88), 65 Stat. 704 -MISC1- Section 116, act July 1, 1918, ch. 113, 40 Stat. 673, prohibited use of any moneys appropriated in taking over or in any way interfering with the yards or coal dumps or other facilities for storage and distribution of coal that were used and occupied during the year preceding July 1, 1918, by coal dealers for supplying the general public. Section 117, act Jan. 24, 1923, ch. 42, 42 Stat. 1211, related to use of appropriations for maintenance and operation of fuel yard in District of Columbia for acquisition of land therefor and construction of a garage building thereon. See section 756 of this title. ------DocID 43915 Document 161 of 816------ -CITE- 40 USC Sec. 118 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 118. Repealed. June 30, 1949, ch. 288, title VI, Sec. 602(a)(25), 63 Stat. 401, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583 -MISC1- Section, act June 5, 1920, ch. 235, 41 Stat. 913; Ex. Ord. No. 4239, July 1, 1925; Ex. Ord. No. 6166, Sec. 1, June 10, 1933, related to exchange of motor vehicles and other equipment used by fuel yards for new equipment. See section 471 et seq. of this title and section 251 et seq. of Title 41, Public Contracts. EFFECTIVE DATE OF REPEAL Repeal effective July 1, 1949, see section 505 of act June 30, 1949. ------DocID 43916 Document 162 of 816------ -CITE- 40 USC Sec. 119 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 119. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(89), 65 Stat. 705 -MISC1- Section, act June 5, 1920, ch. 235, 41 Stat. 913, related to hauling of sand, gravel, stone, etc., in trucks of Government fuel yards, and payment therefor. See sections 474, 481, and 756 of this title. ------DocID 43917 Document 163 of 816------ -CITE- 40 USC Sec. 120 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 120. Omitted -COD- CODIFICATION Section, act Aug. 30, 1890, ch. 837, Sec. 3, 26 Stat. 412, related to proceedings for acquisition of lands in District of Columbia. See D.C. Code, Sec. 16-1301 et seq., and notes set out under section 72 of this title. ------DocID 43918 Document 164 of 816------ -CITE- 40 USC Sec. 121 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 121. Regulation of height, design, and construction of private and semipublic buildings adjacent to public buildings and grounds; building permits -STATUTE- In view of the provisions of the Constitution respecting the establishment of the seat of the National Government, the duties it imposed upon Congress in connection therewith, and the solicitude shown and the efforts exerted by President Washington in the planning and development of the Capital City, it is hereby declared that such development should proceed along the lines of good order, good taste, and with due regard to the public interests involved, and a reasonable degree of control should be exercised over the architecture of private or semipublic buildings adjacent to public buildings and grounds of major importance. To this end, hereafter when application is made for permit for the erection or alteration of any building, any portion of which is to front or abut upon the grounds of the Capitol, the grounds of the White House, the portion of Pennsylvania Avenue extending from the Capitol to the White House, Lafayette Park, Rock Creek Park, the Zoological Park, the Rock Creek and Potomac Parkway, Potomac Park, The Mall Park System and public buildings adjacent thereto, or abutting upon any street bordering any of said grounds or parks, the plans therefor, so far as they relate to height and appearance, color, and texture of the materials of exterior construction, shall be submitted by the Mayor of the District of Columbia to the Commission of Fine Arts; and the said Commission shall report promptly to said Mayor its recommendations, including such changes, if any, as in its judgment are necessary to prevent reasonably avoidable impairment of the public values belonging to such public building or park; and said Mayor shall take such action as shall, in his judgment, effect reasonable compliance with such recommendation: Provided, That if the said Commission of Fine Arts fails to report its approval or disapproval of such plans within thirty days, its approval thereof shall be assumed and a permit may be issued. -SOURCE- (May 16, 1930, ch. 291, 46 Stat. 366; July 31, 1939, ch. 400, 53 Stat. 1144; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 5-410. -MISC3- AMENDMENTS 1939 - Act July 31, 1939, inserted reference to Lafayette Park. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. -MISC5- AREA OF PLATS REQUIRING CERTAIN BUILDING PERMITS Section 2 of act May 16, 1930, provided that: 'Said Commissioners of the District of Columbia, in consultation with the National Capital Park and Planning Commission, as early as practicable after approval of this act (enacting this section), shall prepare plats defining the areas within which application for building permits shall be submitted to the Commission of Fine Arts for its recommendations.' ------DocID 43919 Document 165 of 816------ -CITE- 40 USC Sec. 122 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 122. Jurisdiction over public lands; transfer by Federal and District authorities -STATUTE- Federal and District authorities administering properties within the District of Columbia owned by the United States or by the said District are authorized to transfer jurisdiction over parts or all of such properties among or between themselves for purposes of administration and maintenance under such conditions as may be mutually agreed upon: Provided, That prior to the consummation of any transfer hereunder such proposed transfer shall be recommended by the National Capital Planning Commission: Provided further, That all such transfers and agreements shall be reported to Congress by the District authorities concerned. -SOURCE- (May 20, 1932, ch. 197, Sec. 1, 47 Stat. 161; June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790; Aug. 30, 1954, ch. 1076, Sec. 1(20), 68 Stat. 967.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-111. -MISC3- AMENDMENTS 1954 - Act Aug. 30, 1954, repealed requirement that Federal authorities concerned should also report to Congress all transfers and agreements authorized by this section. -TRANS- TRANSFER OF FUNCTIONS Section 402(181) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organization and Employees, transferred regulatory and other functions of Board of Commissioners relating to transfer of jurisdiction over properties or parts of properties to Federal authorities, and accepting from Federal authorities jurisdiction over properties or parts thereof under this section, to District of Columbia Council, subject to right of Commissioner as provided by section 406 of Plan. For provisions establishing District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967. 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission', on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. -CROSS- CROSS REFERENCES Letters of transfer and acceptance as authority for the necessary change in the official maps and for record when necessary, see section 79 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 123 of this title. ------DocID 43920 Document 166 of 816------ -CITE- 40 USC Sec. 123 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 123. Effect of section 122 on existing laws -STATUTE- Nothing in section 122 of this title shall be construed to repeal the provisions of any existing law or laws authorizing the transfer of jurisdiction of certain lands between and among Federal and District authorities, but all such laws shall remain in full force and effect. -SOURCE- (May 20, 1932, ch. 197, Sec. 2, 47 Stat. 162.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-112. ------DocID 43921 Document 167 of 816------ -CITE- 40 USC Sec. 124 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 124. Theodore Roosevelt Island; administration; development -STATUTE- The island, known as Theodore Roosevelt Island, shall be maintained and administered by the Director of the National Park Service as a natural park for the recreation and enjoyment of the public: Provided, That no general plan for the development of the island be adopted without the approval of the Theodore Roosevelt Association; and that, so long as this association remains in existence, no development, inconsistent with this plan, be executed without the association's consent. -SOURCE- (May 21, 1932, ch. 200, Sec. 1, 47 Stat. 163; Feb. 11, 1933, ch. 48, Sec. 1, 47 Stat. 799; Ex. Ord. No. 6166, Sec. 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; May 21, 1953, ch. 63, Sec. 2, 67 Stat. 28.) -COD- CODIFICATION Provisions of this section relating to acceptance of Theodore Roosevelt Island by the National Park Service from the Theodore Roosevelt Association have been omitted. Section is also set out in D.C. Code, Sec. 8-158. -MISC3- AMENDMENTS 1953 - Act May 21, 1953, substituted 'Theodore Roosevelt Association' for 'Roosevelt Memorial Association'. 1933 - Act Feb. 11, 1933, substituted 'Theodore Roosevelt Island' for 'Roosevelt Island'. -TRANS- TRANSFER OF FUNCTIONS Functions of all other officers of Department of the Interior and functions of all agencies and employees of that Department, with two exceptions, transferred to Secretary of the Interior, with power vested in him to authorize their performance or performance of any of his functions by any of those officers, agencies, and employees, by Reorg. Plan No. 3 of 1950, Sec. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to Title 5, Government Organization and Employees. Ex. Ord. No. 6166 abolished Office of Public Buildings and Parks of National Capital and transferred functions thereof to Office of National Parks, Buildings and Reservations of Department of the Interior. Act Mar. 2, 1934, changed name of latter Office to National Park Service. ------DocID 43922 Document 168 of 816------ -CITE- 40 USC Sec. 125 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 125. Means of access; care, maintenance, and improvements; appropriation; Theodore Roosevelt Island -STATUTE- The Director of the National Park Service is authorized to provide suitable means of access to and upon the said Theodore Roosevelt Island as appropriations are made available from time to time and subject to the approval of the National Capital Planning Commission; and the appropriations needed for such construction and annually for the care, maintenance, and improvement of the said lands and improvements, are authorized to be made from any funds not otherwise appropriated from the Treasury of the United States. -SOURCE- (May 21, 1932, ch. 200, Sec. 2, 47 Stat. 164; Feb. 11, 1933, ch. 48, Sec. 1, 47 Stat. 799; Ex. Ord. No. 6166, Sec. 2, June 10, 1933; Mar. 2, 1934, ch. 38, 48 Stat. 389; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-159. -MISC3- AMENDMENTS 1933 - Act Feb. 11, 1933, substituted 'Theodore Roosevelt Island' for 'Roosevelt Island'. -TRANS- TRANSFER OF FUNCTIONS 'Director of the National Park Service' substituted for 'director', meaning Director of Public Buildings and Public Parks of National Capital. See Transfer of Functions note set out under section 124 of this title. 'National Capital Planning Commission' substituted for 'National Capital Park and Planning Commission' on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. ------DocID 43923 Document 169 of 816------ -CITE- 40 USC Sec. 126 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 126. Erection of monument or memorial and related structures; authorization of appropriations; Theodore Roosevelt Island -STATUTE- The Secretary of the Interior shall erect on Theodore Roosevelt Island such monument or memorial to the memory of Theodore Roosevelt, and related structures, as may be approved by the living children of Theodore Roosevelt, the Theodore Roosevelt Association, the Commission of Fine Arts, and the National Capital Planning Commission. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section. -SOURCE- (May 21, 1932, ch. 200, Sec. 3, 47 Stat. 164; Feb. 11, 1933, ch. 48, Sec. 1, 47 Stat. 799; May 21, 1953, ch. 63, Sec. 2, 67 Stat. 28; Sept. 13, 1960, Pub. L. 86-764, 74 Stat. 904.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-160. -MISC3- AMENDMENTS 1960 - Pub. L. 86-764 substituted provisions for erection of a monument or memorial to memory of Theodore Roosevelt by the Secretary of Interior with the approval of the living children of Theodore Roosevelt and authorizing an appropriation therefor for former provision permitting the Roosevelt Memorial Association to undertake such construction. 1953 - Act May 21, 1953, substituted 'Theodore Roosevelt Association' for 'Roosevelt Memorial Association'. 1933 - Act Feb. 11, 1933, substituted 'Theodore Roosevelt Island' for 'Roosevelt Island'. ------DocID 43924 Document 170 of 816------ -CITE- 40 USC Sec. 127 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 127. Designation in documents, etc.; Theodore Roosevelt Island -STATUTE- 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.' -SOURCE- (Feb. 11, 1933, ch. 48, Sec. 2, 47 Stat. 799.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 8-161. ------DocID 43925 Document 171 of 816------ -CITE- 40 USC Sec. 128 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 128. Approval by Administrator of General Services of sketches, plans, and estimates of buildings; exemptions -STATUTE- On and after June 14, 1946, 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 shall be required to approve sketches, plans, and estimates for buildings to be constructed by the General Services Administration, except in the case of buildings designed for post-office purposes which shall be approved by the Administrator of General Services and the United States Postal Service. -SOURCE- (June 14, 1946, ch. 404, Sec. 8, 60 Stat. 258; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; June 6, 1924, ch. 279, Sec. 9, as added July 19, 1952, ch. 949, Sec. 1, 66 Stat. 790; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 84 Stat. 773.) -TRANS- TRANSFER OF FUNCTIONS 'National Capital Planning Commission' substituted in text for 'National Capital Park and Planning Commission' on authority of act June 6, 1924, ch. 270, Sec. 9, as added July 19, 1952, which transferred functions of latter to former. See section 71h of this title and Transfer of Functions note thereunder. 'Administrator of General Services' substituted in text for 'Commissioner of Public Buildings' on authority of act June 30, 1949, which transferred functions of latter to former. See section 753 of this title. 'United States Postal Service' substituted in text for 'Postmaster General' pursuant to Pub. L. 91-375, Sec. 4(a), set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. ------DocID 43926 Document 172 of 816------ -CITE- 40 USC Sec. 129 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 129. Lease of building space by wholly owned Government corporations; rental -STATUTE- 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 section 1 of this title, and shall pay such rental thereon as may be determined by the Administrator of General Services, such rental to include all cost of maintenance, upkeep, and repair. -SOURCE- (July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 1 of this title, referred to in text, was act Mar. 1, 1919, ch. 86, Sec. 10, 40 Stat. 1269, which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. -TRANS- TRANSFER OF FUNCTIONS Functions with respect to acquiring space in buildings by lease and 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), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 1 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of that act. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949 set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 12 section 1438. ------DocID 43927 Document 173 of 816------ -CITE- 40 USC Sec. 129a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 129a. Courthouse construction authorized; cost; repayment to United States -STATUTE- The Administrator of General Services is hereby authorized to construct, equip, and furnish the building for the use of the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia, the planning and site acquisition of which were authorized by the Act of May 29, 1947 (Public Law 80, Eightieth Congress), under a total limit of cost for the entire project of $18,665,000, including architectural, engineering, and administrative expenses (which limit of cost also includes the credit of $2,420,000 granted the District of Columbia as compensation for the site of the project by said Act of May 29, 1947, and the $370,000 for plans and specifications heretofore appropriated under Public Law 271, Eightieth Congress, approved July 30, 1947): Provided, That the Mayor of the District of Columbia shall repay to the United States, over a period of twenty-five years, 50 per centum of the cost of the entire project upon completion, less the credit of $2,420,000 granted the District of Columbia as compensation for the site of the project by said Act of May 29, 1947, in equal annual installments, beginning with the July 1 next following the date of completion of the project: Provided further, That the cost of operation, maintenance, and repair of the completed project shall be divided equally between the United States of America and the District of Columbia. -SOURCE- (May 14, 1948, ch. 290, Sec. 1, 62 Stat. 235; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1967 Reorg. Plan No. 3, Sec. 401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT Act of May 29, 1947 (Public Law 80, Eightieth Congress), and Public Law 271, Eightieth Congress, approved July 30, 1947, referred to in text, are not classified to the Code. -CHANGE- CHANGE OF NAME 'United States District Court for the District of Columbia' substituted in text for 'District Court of the United States for the District of Columbia' on authority of act June 25, 1948, Sec. 32(b), as amended by act May 24, 1949, Sec. 127. -TRANS- TRANSFER OF FUNCTIONS Functions, powers and duties of Federal Works Administrator transferred to Administrator of General Services by act June 30, 1949, Sec. 103(a), which is classified to section 753(a) of this title. Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -MISC5- CANCELLATION OF DISTRICT OF COLUMBIA'S SHARE OF COSTS OF COURTHOUSE Pub. L. 91-358, title I, Sec. 173(a)(1), July 29, 1970, 84 Stat. 591, provided that: 'All outstanding and future obligations of the Commissioner (now Mayor) of the District of Columbia with respect to the District of Columbia's share of the cost of construction, operation, maintenance, and repair of the United States courthouse in the District of Columbia, as required by the Act of May 14, 1948 (62 Stat. 235) (this section), are canceled upon the effective date of this title (Feb. 1, 1971).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130a of this title. ------DocID 43928 Document 174 of 816------ -CITE- 40 USC Sec. 130 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 130. Courthouse for United States Court of Appeals and United States District Court for the District of Columbia; maintenance and operation; allocation of space -STATUTE- The operation, maintenance, and repair of the completed building for the use of the United States Court of Appeals for the District of Columbia and the United States District Court for the District of Columbia shall be under the control of the Administrator of General Services, and the allocation of space therein shall be vested in the chief judge of the United States Court of Appeals for the District of Columbia and the chief judge of the United States District Court for the District of Columbia. -SOURCE- (May 14, 1948, ch. 290, Sec. 2, 62 Stat. 235; June 25, 1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -CHANGE- CHANGE OF NAME 'United States District Court for the District of Columbia' substituted in text for 'District Court of the United States for the District of Columbia' on authority of act June 25, 1948, Sec. 32(b), as amended by act May 24, 1949, Sec. 127. The terms chief justice of the United States Court of Appeals for the District of Columbia and the chief justice of the United States District Court for the District of Columbia were changed to chief judge by act June 25, 1948, as amended by act May 29, 1949. -TRANS- TRANSFER OF FUNCTIONS Functions with respect to acquiring space in buildings by lease and 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), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by section 1 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration, transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of that act. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see note set out under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 130a of this title. ------DocID 43929 Document 175 of 816------ -CITE- 40 USC Sec. 130a -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 130a. Authorization of appropriations -STATUTE- There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 129a and 130 of this title. -SOURCE- (May 14, 1948, ch. 290, Sec. 3, 62 Stat. 235.) ------DocID 43930 Document 176 of 816------ -CITE- 40 USC Sec. 131 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 131. Development of Washington metropolitan region; necessity for coordination -STATUTE- The Congress hereby declares that, because the District which is the seat of the Government of the United States and has now 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 of the United States at the seat of said Government in the District of Columbia, the general welfare of the District of Columbia and the health and living standards of the people residing or working therein and the conduct of industry, trade, and commerce therein require that the development of the District of Columbia and the management of its public affairs shall, to the fullest extent practicable be coordinated with the development of the other areas of the Washington metropolitan region and with the management of the public affairs of such other areas, and that the activities of all of the departments, agencies, and instrumentalities of the Federal Government which may be carried out in, or in relation to, the other areas of the Washington metropolitan region shall, to the fullest extent practicable, be coordinated with the development of such other areas and with the management of their public affairs; all toward the end that, with the cooperation and assistance of the other areas of the Washington metropolitan region, all of the areas therein shall be so developed and the public affairs thereof shall be so managed as to contribute effectively toward the solution of the community development problems of the Washington metropolitan region on a unified metropolitan basis. -SOURCE- (Pub. L. 86-527, Sec. 2, June 27, 1960, 74 Stat. 223.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2101. -MISC3- SHORT TITLE Section 1 of Pub. L. 86-527 provided that: 'This Act (enacting this section and sections 132 to 135 of this title) may be cited as the 'Washington Metropolitan Region Development Act'.' ADVISORY GROUP Pub. L. 96-514, title I, Sec. 108, Dec. 12, 1980, 94 Stat. 2972, provided that: 'The Secretary is authorized to appoint an advisory group which may include government officials, as well as members from outside the government to undertake such activities as may be appropriate to study the effect of future growth and development on the beauty, historic values and other features that make the national capital area unique, and to recommend measures that will protect its values. The advisory group shall designate a chairman and shall complete its work and submit to the Secretary and to the Congress a report with its findings and recommendations within three years of the date of its organization. To support its activities, the advisory group may also receive gifts and grants from private sources. Members of the group shall receive no compensation, but may be reimbursed for travel, per diem, and other reasonable expenses.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 132, 133 of this title. ------DocID 43931 Document 177 of 816------ -CITE- 40 USC Sec. 132 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 132. Declaration of policy; coordinated development and management -STATUTE- The Congress further declares that the policy to be followed for the attainment of the objective established by section 131 of this title, and for the more effective exercise by the Congress, the executive branch of the Federal Government and the Mayor of the District of Columbia and all other officers and 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 all such functions, powers, and duties shall be exercised and carried out in such manner as (with proper recognition of the sovereignty of the State of Maryland and the Commonwealth of Virginia in respect of those areas of the Washington metropolitan region as are situate within their respective jurisdictions) will best facilitate the attainment of such objective of the coordinated development of the areas of the Washington metropolitan region and 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. -SOURCE- (Pub. L. 86-527, Sec. 3, June 27, 1960, 74 Stat. 223; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2102. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 133 of this title. ------DocID 43932 Document 178 of 816------ -CITE- 40 USC Sec. 133 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 133. Priority projects; water supply, sewage disposal, water pollution, and transportation -STATUTE- The Congress further declares that, in carrying out the policy pursuant to section 132 of this title for the attainment of the objective established by section 131 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. -SOURCE- (Pub. L. 86-527, Sec. 4, June 27, 1960, 74 Stat. 223.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2103. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135 of this title. ------DocID 43933 Document 179 of 816------ -CITE- 40 USC Sec. 134 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 134. Study of final report of Joint Committee on Washington Metropolitan Problems; recommendations -STATUTE- The Congress further declares that the officers, departments, agencies, and instrumentalities of the executive branch of the Federal Government and the Mayor of the District of Columbia and the other officers, agencies, and instrumentalities of the District of Columbia, and other agencies of government within the Washington metropolitan region are invited and encouraged to engage in an intensive study of the final report and recommendation of the Joint Committee on Washington Metropolitan Problems with a view to submitting to the Congress the specific recommendations of each of the agencies of government specified. -SOURCE- (Pub. L. 86-527, Sec. 5, June 27, 1960, 74 Stat. 223; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2104. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. The office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 135 of this title. ------DocID 43934 Document 180 of 816------ -CITE- 40 USC Sec. 135 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 135. 'Washington metropolitan region' defined -STATUTE- As used in sections 131 to 135 of this title, the term 'Washington metropolitan region' includes the District of Columbia, the counties of Montgomery and Prince Georges in the State of Maryland, the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in the Commonwealth of Virginia. -SOURCE- (Pub. L. 86-527, Sec. 6, June 27, 1960, 74 Stat. 224.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 1-2105. ------DocID 43935 Document 181 of 816------ -CITE- 40 USC Sec. 136 -EXPCITE- TITLE 40 CHAPTER 1 -HEAD- Sec. 136. National Capital Service Area -STATUTE- (a) Establishment There is established within the District of Columbia the National Capital Service Area which shall include, subject to the following provisions of this section, the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building, and is more particularly described in subsection (f) of this section. (b) National Capital Service Director There is established in the Executive Office of the President the National Capital Service Director who shall be appointed by the President. The President, through the National Capital Service Director, shall assure that there is provided, utilizing District of Columbia governmental services to the extent practicable, within the area specified in subsection (a) of this section and particularly described in subsection (f) of this section, adequate fire protection and sanitation services. Except with respect to that portion of the National Capital Service Area comprising the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, the United States Supreme Court Building and Grounds as defined in section 13p of this title, and the Library of Congress Buildings and Grounds as defined in section 167j of title 2, the National Capital Service Director shall assure that there is provided within the remainder of such area specified in subsection (a) of this section and subsection (f) of this section, adequate police protection and maintenance of streets and highways. (c) Personnel; compensation The National Capital Service Director shall be entitled to receive compensation at the maximum rate as may be established from time to time for level IV of the Executive Schedule of section 5314 of title 5. The Director may appoint, subject to the provisions of title 5 governing appointments in the competitive service, and fix the pay of, in accordance with the provisions of chapter 51 and subchapter 3 (FOOTNOTE 1) of chapter 53 of such title relating to classification and General Schedule pay rates, such personnel as may be necessary. (FOOTNOTE 1) So in original. Probably should be subchapter 'III'. (d) Omitted (e) Presidential report to Congress (1) Within one year after January 2, 1975, the President is authorized and directed to submit to the Congress a report on the feasibility and advisability of combining the Executive Protective Service and the United States Park Police within the National Capital Service Area, and placing them under the National Capital Service Director. (2) Such report shall include such recommendations, including recommendations for legislative and executive action, as the President deems necessary in carrying out the provisions of paragraph (1) of this subsection. (f) Boundaries (1)(A) The National Capital Service Area referred to in subsection (a) is more particularly described as follows: Beginning at that point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east to the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north 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 Canal Street Southwest and South Capitol Street; thence northwest on Canal Street 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. (B) Where the area in paragraph (1) is bounded by any street, such street, and any sidewalk thereof, shall be included within such area. (2) Any Federal real property affronting or abutting, as of December 24, 1973, the area described in paragraph (1) shall be deemed to be within such area. (3) For the purposes of paragraph (2), Federal real property affronting or abutting such area described in paragraph (1) shall - (A) be deemed to include, but not limited to, 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) not be construed to include any area situated outside of the District of Columbia boundary as it existed immediately prior to the date of the enactment of this Act, nor be construed to include any portion of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any portion of the Rock Creek Park. (g) Presidential survey; map and description (1) Subject to the provisions of paragraph (2) of this subsection, the President is authorized and directed to conduct a survey of the area described in this section in order to establish the proper metes and bounds of such area, and to file, in such manner and at such place as he may designate, a map and a legal description of such area, and such description and map shall have the same force and effect as if included in this Act, except that corrections of clerical, typographical and other errors in any such legal descriptions and map may be made. In conducting such survey, the President shall make such adjustments as may be necessary in order to exclude from the National Capital Service Area any privately owned properties, and buildings and adjacent parking facilities owned by the District of Columbia government. (2) In carrying out the provisions of paragraph (1) of this subsection, the President shall, to the extent that such survey, legal description, and map involves areas comprising the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, and other buildings and grounds under the care of the Architect of the Capitol, consult with the Architect of the Capitol. (3)-(9) Omitted (h) Creation of National Capital Service Area not to affect existing provisions covering buildings and grounds within Area; availability of services and facilities (1) Except to the extent specifically provided by the provisions of this section, and amendments made by this section, nothing in this section shall be applicable to the United States Capitol Buildings and Grounds as defined in sections 193a and 193m of this title, or to any other buildings and grounds under the care of the Architect of the Capitol, the United States Supreme Court Building and Grounds as defined in section 13p of this title, and the Library of Congress Buildings and Grounds as defined in section 167j of title 2, and except to the extent herein specifically provided, including amendments made by this section, nothing in this section shall be construed to repeal, amend, alter, modify, or supersede any provision of sections 193a to 193m, 212a, 212a-2, and 212b of this title, or any other of the general laws of the United States or any of the laws enacted by the Congress and applicable exclusively to the District of Columbia, or any rule or regulation promulgated pursuant thereto, in effect on January 1, 1975, pertaining to said buildings and grounds, or any existing authority, with respect to such buildings and grounds, vested by law, or otherwise, on such date, in the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, 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 of the United States, or the Librarian of Congress. (2) Notwithstanding the foregoing provision of this section, any of the services and facilities authorized by this Act to be rendered or furnished (including maintenance of streets and highways, and services under section 1537 of title 31) shall, as far as practicable, be made available to the Senate, the House of Representatives, the Congress, or any committee or commission or board thereof, the Architect of the Capitol, or any other officer of the legislative branch vested by law or otherwise on January 1, 1975, with authority over such buildings and grounds, the Chief Justice of the United States, the Marshal of the Supreme Court of the United States, and the Librarian of Congress, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to any other Federal agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the parties rendering and receiving such services). (i) Continued application of laws, rules, and regulations covering areas within National Capital Service Area Except to the extent otherwise specifically provided in the provisions of this section, and amendments made by this section, all general laws of the United States and all laws enacted by the Congress and applicable exclusively to the District of Columbia, including regulations and rules promulgated pursuant thereto, in effect on January 1, 1975, and which, on such date, are applicable to and within the areas included within the National Capital Service Area pursuant to this section shall, on and after January 2, 1975, continue to be applicable to and within such National Capital Service Area in the same manner and to the same extent as if this section had not been enacted, and shall remain so applicable until such time as they are repealed, amended, altered, modified, or superseded, 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. (j) Residency within National Capital Service Area In no case shall any person be denied the right to vote or otherwise participate in any manner in any election in the District of Columbia solely because such person resides within the National Capital Service Area. -SOURCE- (Pub. L. 93-198, title VII, Sec. 739, Dec. 24, 1973, 87 Stat. 825.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (c), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. This Act, referred to in subsecs. (g)(1) and (h)(2), means the District of Columbia Self-Government and Governmental Reorganization Act, Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 774, which is classified principally to the District of Columbia Code. See chapter 2 (Sec. 1-201 et seq.) of Title 1, Administration, of the District of Columbia Code. For classification of this Act to the U.S. Code, see Tables. The amendments made by this section, referred to in subsecs. (h)(1) and (i), means the amendments made by section 739(d) and (g)(3) to (9) of Pub. L. 93-198, which amended sections 13n, 193a, 212a, and 212b of this title and section 167h of Title 2, The Congress, and enacted provision set out as a note under section 193a of this title. -COD- CODIFICATION Subsecs. (d) and (g)(3) to (9) of this section made the amendments specified in the References in Text note above. In subsec. (h)(2), 'section 1537 of title 31' substituted for 'section 731 of this Act (31 U.S.C. 685a)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section is also set out in section 9-142 of the District of Columbia Code. -CROSS- DEFINITIONS The definitions in section 103 of Pub. L. 93-198 (which is classified to section 1-202 of the District of Columbia Code) apply to this section. ------DocID 43936 Document 182 of 816------ -CITE- 40 USC CHAPTER 2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- CHAPTER 2 - CAPITOL BUILDING AND GROUNDS -MISC1- Sec. 161. Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol. 161a. Repealed. 162. Architect of Capitol; powers and duties. 162-1. Appointment of Architect of Capitol. 162a. Compensation of Architect of Capitol. 162b. Semiannual report of expenditures by Architect of Capitol. 163. Care and superintendence of Capitol by Architect of Capitol. 163a. Exterior of Capitol, duty of Architect. 163b. Delegation of authority by Architect of Capitol. 164. Omitted. 164a. Assistant Architect of Capitol to act in case of absence, disability, or vacancy. 165. Repealed. 166. Architect of Capitol; repairs of Capitol. 166a. Travel expenses. 166a-1. Appropriations under control of Architect of Capitol; availability for expenses of advertising. 166b, 166b-1. Repealed or Omitted. 166b-1a. Compensation of employees under Architect of Capitol; single per annum gross rates of pay. 166b-1b. Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates. 166b-1c. Obsolete references in existing law to basic pay rates. 166b-1d. Savings provisions. 166b-1e. Effect on existing law. 166b-1f. Exemptions. 166b-2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade. 166b-3. Authorization to fix basic rate of compensation for certain positions. 166b-3a. Compensation of certain positions in Office of Architect of Capitol. (a) Amount of compensation to be that specified in appropriations Acts. (b) Positions covered. (c) Calculation of amounts. (d) Effective date. 166b-3b. Compensation of certain positions under jurisdiction of Architect of Capitol. 166b-4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol. 166b-5. Withholding and remittance of State income tax by Architect of Capitol. (a) Agreement by Architect with appropriate State official; covered individuals. (b) Number of remittances authorized. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations. (d) Time or times of agreements by Architect. (e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States. (f) 'State' defined. 166b-6. Assignment and reassignment of personnel by Architect of Capitol for personal services. 166c. Acquisition of surplus supplies, materials, etc.; priority. 166d. Rental or lease of storage space. 166e. Funds out of Contingent Expenses, Architect of Capitol. 166f. Funds out of Capitol Buildings, Architect of Capitol. 167. Lighting, heating, and ventilating House of Representatives. 167a. Repealed. 168. Heating and ventilating Senate wing. 168a. Repealed. 169. Furniture for House of Representatives. 170. Purchase of furniture or carpets for House or Senate. 170a. Transferred. 171. Transfer of discontinued apparatus to other branches. 172. Repealed. 173. Estimates for improvements in grounds. 174, 174a. Omitted. 174b. Senate Office Building; approval of structural changes by Architect of Capitol. 174b-1. Additional Senate office building. 174c. Control, care, and supervision of Senate Office Building. 174d. Assignment of space in Senate Office Building. 174d-1. Assignment of space for meetings of joint committees, conference committees, etc. 174e. Certification of vouchers by Architect of Capitol. 174f to 174j. Omitted. 174j-1. Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination. 174j-2. Omitted. 174j-3. Authorization and direction to effectuate purposes of sections 174j-1 to 174j-7 of this title. 174j-4. Special deposit account; establishment; appropriations; approval of payments. 174j-5. Deposits and disbursements under special deposit account. 174j-6. Bond of Architect, Assistant Architect, and other employees. 174j-7. Supersedure of prior provisions for maintenance and operation of Senate Restaurants. 174j-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave. 174j-9. Loans for Senate Restaurants. (a) Borrowing authority. (b) Amount and period of loan; voucher. (c) Deposit, credit, and future availability of proceeds from repayment. 174k. House of Representatives restaurant, cafeteria, and food services. (a) Management and duties. (b) Transfer of accounts, records, supplies, equipment, and assets. (c) Special deposit account. (d) Effective date. 175. House Office Building; control, supervision, and care. 176. Speaker as member of House Office Building commission. 177. Assignment of rooms in House Office Building. 178. Vacant rooms; assignment to Representatives. 179. Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned. 180. Exchange of rooms. 181. Record of assignment of rooms, etc. 182. Assignment of rooms to Commissioner from Puerto Rico. 183. Assignment etc., of rooms; control of by House. 184. Assignment of unoccupied space. 184a. John W. McCormack Residential Page School. (a) Construction authorization for dormitory and classroom facilities complex. (b) Acquisition of property in District of Columbia. (c) Condemnation proceedings. (d) Transfer of United States owned property. (e) Alley and street closures by Mayor of the District of Columbia. (f) United States Capitol Grounds provisions applicable. (g) Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol. (h) Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation. (i) Sections 88a and 88b of title 2 unaffected. 184b. House of Representatives Child Care Center. 184c. Responsibility for Center. (a) Independent, nonprofit, nongovernmental corporation. (b) Official documents of corporation; submission; amendment. (c) Board of directors. (d) Monthly reports on operations and financial transactions of Center; audit; public availability of reports. 184d. Duties of corporation. 184e. Initial funding for Center; reimbursement; Center to be economically self-sufficient; House responsibility for Center. 184f. Definitions as used in sections 184b to 184f of this title. 185. Capitol power plant. 185a. Senate Garage; control, supervision, servicing of official motor vehicles. 186. Transfer of material and equipment to Architect. 187. National Statuary Hall. 188. Works of fine arts. 188a. United States Capitol Preservation Commission. (a) Establishment and purposes. (b) Membership. (c) Designees. (d) Architect of the Capitol. (e) Staff support and assistance. 188a-1. Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property. (a) In general. (b) Transfer and disposition of works of fine art and other property. (c) Requirements for conduct of transactions. 188a-2. Capitol Preservation Fund. (a) In general. (b) Availability of fund. (c) Transaction costs and proportionality. (d) Deposits, credits, and disbursements. (e) Investments. 188a-3. Audits by the Comptroller General. 188a-4. Advisory boards. 188a-5. 'Member of the House of Representatives' defined. 188b. Senate Commission on Art. (a) Establishment. (b) Chairman and Vice Chairman; quorum; Executive Secretary. (c) Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance. (d) Hearings and meetings. 188b-1. Duties of Commission. (a) In general. (b) Issuance and publication of regulations. (c) Consistency of regulations. (d) Responsibilities of Committee on Rules and Administration of Senate. 188b-2. Supervision and maintenance of Old Senate Chamber. 188b-3. Publication of list of works of art, historical objects, and exhibits. 188b-4. Authorization of appropriations. 188b-5. Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits. 188b-6. Conservation, restoration, replication, or replacement of items in United States Senate Collection. (a) Use of moneys in Senate contingent fund. (b) United States Senate Collection. (c) Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art. 188c. House of Representatives Fine Arts Board. (a) Establishment and authority. (b) Clerk of the House of Representatives. (c) Architect of the Capitol. 188c-1. Acceptance of gifts on behalf of the House of Representatives. 189. Art exhibits. 190. Private studios and works of art. 190a. Omitted. 190b. Location of reference library for Senate and House of Representatives. 191, 192. Repealed or Omitted. 193. Protection of buildings and property. 193a. United States Capitol Grounds; area comprising; jurisdiction. 193b. Public use of Capitol grounds. 193c. Obstruction of roads; conveyance of goods or merchandise; Capitol grounds. 193d. Sale of articles; signs; solicitation; Capitol grounds. 193e. Injuries to property; Capitol grounds. 193f. Capitol Grounds and Buildings security. (a) Firearms, dangerous weapons, explosives, or incendiary devices. (b) Violent entry and disorderly conduct. (c) Exemption of Government officials. 193g. Parades or assemblages; display of flags; Capitol grounds. 193h. Prosecution and punishment of offenses. (a) Firearms, dangerous weapons, explosives, or incendiary device offenses. (b) Other offenses. (c) Procedure. 193i. Assistance to authorities by Capitol employees. 193j. Suspension of prohibitions against use of grounds. 193k. Power of Capitol Police Board to suspend prohibitions. 193l. Concerts on grounds. 193m. Definitions. 193m-1. Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress. 193n. Smithsonian Institution; policing of buildings and grounds. 193o. Public use of Smithsonian grounds. 193p. Sale of articles, signs; solicitation; Smithsonian grounds. 193q. Injury to property; Smithsonian grounds. 193r. Additional protective regulations; publication; Smithsonian grounds. 193s. Prosecution and punishment; Smithsonian grounds. 193t. Police power; Smithsonian grounds. 193u. Suspension of regulations; Smithsonian grounds. 193v. 'Buildings and grounds' defined. 193w. Repealed. 193x. Enforcement power of special police. 194 to 205. Repealed. 206. Capitol Police; appointment; Chief of the Capitol Police. 206-1. Capitol Police; compensation of Chief. 206a to 206a-8. Omitted. 206b. Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives. (a) Entitlement of officer or member. (b) Determination of rate of compensation. (c) Written election by officer for compensation or compensatory time off for additional hours of duty. (d) Certification procedure for additional compensation. (e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service. (f) Definitions. (g) Contingent fund of House available for payment of overtime pay. 206c. Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations. 207. Payment of Capitol Police. 208. Suspension of Capitol Police members. 209. Pay of Capitol Police members under suspension. 210. Uniform, belts and arms; Capitol Police. 210a. Uniforms to display United States flag or colors. 211. Uniform; at whose expense; Capitol Police. 212. Wearing uniform on duty; Capitol Police. 212a. Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police. 212a-1. Capitol grounds and Library of Congress grounds; detail of police. 212a-2. Protection of Members of Congress, officers of Congress, and members of their families. (a) Authority of the Capitol Police. (b) Detail of police. (c) Arrest of suspects. (d) Fines and penalties. (e) Construction of provisions. (f) 'United States' defined. 212b. Regulation of traffic by Capitol Police Board. (a) Exclusive charge and control of all vehicular and other traffic. (b) Promulgation of regulations. (c) Printing of regulations and effective dates. (d) Cooperation with Mayor of District of Columbia. 213, 213a. Repealed or Omitted. 214. Protection of grounds. 214a. Omitted. 214b. Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives. (a) Authority of Capitol Police Board. (b) Required approval; fences; termination of authority. (c) Playground equipment; required approval. (d) Day care center. 215. Supervision of Botanical Garden. 216. Superintendent, etc., of Botanical Garden and greenhouses. 216a. Restriction on use of appropriation for Botanical Garden. 216b. Utilization of personnel by Architect of Capitol for maintenance and operation of Botanic Garden. 216c. National Garden; location; demonstration of diversity of plants; acceptance of gifts. 216d. Disbursement of appropriations for Botanic Garden. 217. Repealed. 217a. Plant material exchanges. 217b to 222. Repealed or Omitted. 223. Capitol Grounds shuttle service; purchase, etc. of vehicles. 224. Transportation of House Pages by Capitol Grounds shuttle service. -CROSS- CROSS REFERENCES Operation of buildings and related activities by Administrator of General Services, general powers and duties, see section 490 of this title. Reorganization of Executive Agencies, see Executive Order No. 6166, Sec. 1, 2, promulgated June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. Right of action for death or personal injury within national park or other place under exclusive jurisdiction of United States or governed by State laws, see section 457 of Title 16, Conservation. ------DocID 43937 Document 183 of 816------ -CITE- 40 USC Sec. 161 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 161. Title of Superintendent of Capitol Building and Grounds changed to Architect of Capitol -STATUTE- The title of 'Superintendent of the Capitol Building and Grounds' is changed to 'Architect of the Capitol.' -SOURCE- (Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -COD- CODIFICATION The title of Architect of the Capitol was changed to Superintendent of the Capitol Building and Grounds, by act Feb. 14, 1902, popularly known as the 'Urgent Deficiency Appropriation Act for 1902'. Act Mar. 3, 1921, restored the original title, and is based on the Legislative, Executive, and Judicial Appropriation Act Mar. 3, 1921, fiscal year 1922. -MISC3- PRIOR PROVISIONS Act May 2, 1828, ch. 45, Sec. 1, 4 Stat. 266, abolished the office of Architect of the Capitol. The duties of that office were transferred to the Commissioner of Public Buildings and Grounds, appointed by the President under act April 29, 1816, ch. 150, Sec. 2, 3 Stat. 324, to succeed a previously existing board of three commissioners of Public Buildings and Grounds. Act Mar. 3, 1829, ch. 151, Sec. 2, 4 Stat. 363, authorized the President to continue the office of Architect of the Capitol long enough to complete work in progress. Act Sept. 30, 1850, ch. 90, Sec. 1, 9 Stat. 538, made appropriation for 'the extension of the Capitol' according to the plan as might be approved by the President, to be expended under his direction, 'by such architect as he may appoint to execute the same.' Subsequent acts frequently referred to the Architect of the Capitol or to the Architect of the Capitol Extension. Act Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466, abolished the office of Commissioner of Public Buildings and Grounds referred to in section 162 of this title, and transferred the duties of that office to the Chief of Engineers of the Army. Act Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147, transferred the duties relative to the Capitol theretofore performed by the Commissioner of Public Buildings and Grounds to the Architect of the Capitol. ------DocID 43938 Document 184 of 816------ -CITE- 40 USC Sec. 161a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 161a. Repealed. June 20, 1929, ch. 33, Sec. 6, 46 Stat. 39 -MISC1- Section, act May 24, 1924, ch. 183, 43 Stat. 149, related to compensation of employees of the office of the Architect of the Capitol. Under section 3 of act June 20, 1929, such employees came within the Classification Act of 1923, which was set out in section 661 et seq. of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923 was repealed, and superseded by the Classification Act of 1949, which was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 644. The former provisions of the Classification Act of 1949 are now covered by chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. ------DocID 43939 Document 185 of 816------ -CITE- 40 USC Sec. 162 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162. Architect of Capitol; powers and duties -STATUTE- The Architect of the Capitol shall perform all the duties relative to the Capitol Building performed prior to August 15, 1876, by the Commissioner of Public Buildings and Grounds, and shall be appointed by the President: Provided, That no change in the architectural features of the Capitol Building or in the landscape features of the Capitol Grounds shall be made except on plans to be approved by Congress. -SOURCE- (Aug. 15, 1876, ch. 287, 19 Stat. 147; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -CROSS- CROSS REFERENCES Appropriations under control of the Architect of the Capitol, see section 166a-1 of this title. Duties of Architect with respect to Library of Congress Building, see sections 141 and 143 of Title 2, The Congress. ------DocID 43940 Document 186 of 816------ -CITE- 40 USC Sec. 162-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162-1. Appointment of Architect of Capitol -STATUTE- (a)(1) The Architect of the Capitol shall be appointed by the President by and with the advice and consent of the Senate for a term of 10 years. (2) There is established a commission to recommend individuals to the President for appointment to the Office of Architect of the Capitol. The Commission (FOOTNOTE 1) shall be composed of - (FOOTNOTE 1) So in original. Probably should not be capitalized. (A) the Speaker of the House of Representatives, (B) the President pro tempore of the Senate, (C) the majority and minority leaders of the House of Representatives and the Senate, and (D) the chairmen and the ranking minority members of the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate. The commission shall recommend at least three individuals for appointment to such office. (3) An individual appointed Architect of the Capitol under paragraph (1) shall be eligible for reappointment to such office. (b) Subsection (a) of this section shall be effective in the case of appointments made to fill vacancies in the Office of Architect of the Capitol which occur on or after November 21, 1989. If no such vacancy occurs within the six-year period which begins on November 21, 1989, no individual may, after the expiration of such period, hold such office unless the individual is appointed in accordance with subsection (a) of this section. -SOURCE- (Pub. L. 101-163, title III, Sec. 319, Nov. 21, 1989, 103 Stat. 1068.) ------DocID 43941 Document 187 of 816------ -CITE- 40 USC Sec. 162a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162a. Compensation of Architect of Capitol -STATUTE- The compensation of the Architect of the Capitol shall be at an annual rate which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5. -SOURCE- (Pub. L. 88-426, title II, Sec. 203(c), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II, Sec. 219(2), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94-82, title II, Sec. 204(b), Aug. 9, 1975, 89 Stat. 421; Pub. L. 96-146, Sec. 1(1), Dec. 14, 1979, 93 Stat. 1086.) -MISC1- PRIOR PROVISIONS A prior section 162a, acts Oct. 15, 1949, ch. 695, Sec. 5(a), 63 Stat. 880; Aug. 5, 1955, ch. 568, Sec. 101, 69 Stat. 515, which prescribed the annual rate of basic compensation, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 655. AMENDMENTS 1979 - Pub. L. 96-146 increased compensation of Architect to an annual rate equal to annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5. 1975 - Pub. L. 94-82 increased compensation of Architect to an annual rate equal to rate for positions at level IV of the Executive Schedule. 1967 - Pub. L. 90-206, Sec. 219(2), substituted '$28,750' for '$27,000'. EFFECTIVE DATE OF 1979 AMENDMENT Section 2 of Pub. L. 96-146 provided that: 'The provisions of this Act (amending this section and section 166b of this title) shall take effect on the first day of the first applicable pay period commencing on or after the date of the enactment of this Act (Dec. 14, 1979).' EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section effective first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426. SALARY INCREASES 1987 - Salary of Architect increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. 1977 - Salary of Architect increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. 1969 - Salary of Architect increased to $38,000 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2. REPEALS Pub. L. 90-206, title II, Sec. 219(2), Dec. 16, 1967, 81 Stat. 639, cited as a credit to this section, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1080. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 356. ------DocID 43942 Document 188 of 816------ -CITE- 40 USC Sec. 162b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 162b. Semiannual report of expenditures by Architect of Capitol -STATUTE- (1) Commencing with the semiannual period beginning January 1, 1965 and for each semiannual period thereafter, the Architect of the Capitol shall compile and, not later than sixty days following the close of the semiannual period, submit to the Senate and the House of Representatives a report of all expenditures made from monies appropriated to the Architect of the Capitol, based on payrolls and other vouchers transmitted during such period to the Treasury Department for disbursement, such report to include (1) the name, title, and gross salary payment to each employee; (2) a list of government contributions to retirement, health, insurance, and other similar funds; and (3) name of payee, brief description of service rendered or items furnished under contract, purchase order or other agreement. Such report shall be printed as a Senate document. (2) The report by the Architect of the Capitol under paragraph (1) for the semiannual period beginning on January 1, 1976, shall include the period beginning on July 1, 1976, and ending on September 30, 1976, and such semiannual period shall be treated as closing on September 30, 1976. Thereafter, the report by the Architect of the Capitol under paragraph (1) shall be for the semiannual periods beginning on October 1 and ending on March 31 and beginning on April 1 and ending on September 30 of each year. -SOURCE- (Pub. L. 88-454, Sec. 105(b), Aug. 20, 1964, 78 Stat. 551; Pub. L. 94-303, title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.) -MISC1- AMENDMENTS 1976 - Pub. L. 94-303 designated existing provisions as par. (1) and added par. (2). -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 356. ------DocID 43943 Document 189 of 816------ -CITE- 40 USC Sec. 163 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 163. Care and superintendence of Capitol by Architect of Capitol -STATUTE- The Architect of the Capitol shall have the care and superintendence of the Capitol, including lighting. His office shall be in the Capitol Building. -SOURCE- (Aug. 15, 1876, ch. 287, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat. 298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.) -COD- CODIFICATION Section is based on appropriation for the person in charge of hearing apparatus in act Aug. 15, 1876, popularly known as the 'Sundry Civil Appropriation Act'. It was repeated in the similar act Mar. 3, 1877. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out ', and shall submit through the Secretary of the Interior estimates thereof' at end of first sentence. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -CROSS- CROSS REFERENCES Lighting of the Capitol, see sections 167 and 185 of this title. ------DocID 43944 Document 190 of 816------ -CITE- 40 USC Sec. 163a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 163a. Exterior of Capitol, duty of Architect -STATUTE- It shall be the duty of the Architect to clean and keep in proper order the exterior of the Capitol. -SOURCE- (July 7, 1884, ch. 332, 23 Stat. 209.) ------DocID 43945 Document 191 of 816------ -CITE- 40 USC Sec. 163b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 163b. Delegation of authority by Architect of Capitol -STATUTE- The Architect of the Capitol is authorized hereafter to delegate to the Assistant Architect and other assistants such authority of the Architect as he may deem proper. -SOURCE- (Aug. 5, 1955, ch. 568, 69 Stat. 515.) ------DocID 43946 Document 192 of 816------ -CITE- 40 USC Sec. 164 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 164. Omitted -COD- CODIFICATION Section, acts July 7, 1898, ch. 571, 30 Stat. 672; Apr. 17, 1900, ch. 192, 31 Stat. 125; Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 1000, related to absence, disability, or vacancy of Architect of the Capitol. See section 164a of this title. ------DocID 43947 Document 193 of 816------ -CITE- 40 USC Sec. 164a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 164a. Assistant Architect of Capitol to act in case of absence, disability, or vacancy -STATUTE- On and after August 18, 1970, the Assistant Architect of the Capitol shall act as Architect of the Capitol during the absence or disability of that official or whenever there is no Architect. -SOURCE- (Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 817; Pub. L. 101-163, title I, Sec. 106(d), Nov. 21, 1989, 103 Stat. 1057.) -COD- CODIFICATION Section is from Pub. L. 91-382, popularly known as the 'Legislative Branch Appropriation Act, 1971'. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 struck out ', and, in case of the absence or disability of the Assistant Architect, the Executive Assistant shall so act' before period at end. SIMILAR PROVISIONS Similar provisions were contained in the following appropriation acts: Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 688. Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 329. July 12, 1960, Pub. L. 86-628, 74 Stat. 455. Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 407. July 31, 1958, Pub. L. 85-570, 72 Stat. 448. July 1, 1957, Pub. L. 85-75, 71 Stat. 251. June 27, 1956, ch. 453, 70 Stat. 365. Aug. 5, 1955, ch. 568, 69 Stat. 515. July 2, 1954, ch. 455, title I, 68 Stat. 405. Aug. 1, 1953, ch. 304, title I, 67 Stat. 327. July 9, 1952, ch. 598, 66 Stat. 472. Oct. 11, 1951, ch. 485, 65 Stat. 396. Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602. June 22, 1949, ch. 235, 63 Stat. 224. June 14, 1948, ch. 467, 62 Stat. 430. July 17, 1947, ch. 262, 61 Stat. 369. July 1, 1946, ch. 530, 60 Stat. 400. May 18, 1946, ch. 263, title I, 60 Stat. 185. June 13, 1945, ch. 189, 59 Stat. 251. June 26, 1944, ch. 277, title I, 58 Stat. 346. June 28, 1943, ch. 173, title I, 57 Stat. 232. June 8, 1942, ch. 396, 56 Stat. 341. July 1, 1941, ch. 268, 55 Stat. 457. June 18, 1940, ch. 396, 54 Stat. 472. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. May 18, 1937, ch. 223, 50 Stat. 179. Apr. 17, 1936, ch. 233, 49 Stat. 1224. July 8, 1935, ch. 374, 49 Stat. 469. May 30, 1934, ch. 372, 48 Stat. 826. Feb. 28, 1933, ch. 134, 47 Stat. 1360. June 30, 1932, ch. 314, 47 Stat. 391. Feb. 20, 1931, ch. 234, 46 Stat. 1183. June 6, 1930, ch. 407, 46 Stat. 513. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166b-3a of this title. ------DocID 43948 Document 194 of 816------ -CITE- 40 USC Sec. 165 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 165. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 634 -MISC1- Section, act Mar. 3, 1879, ch. 182, 20 Stat. 391, required disbursing clerk of Department of the Interior to act as disbursing clerk of Architect of the Capitol. ------DocID 43949 Document 195 of 816------ -CITE- 40 USC Sec. 166 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166. Architect of Capitol; repairs of Capitol -STATUTE- All improvements, alterations, additions, and repairs of the Capitol Building shall be made by the direction and under the supervision of the Architect of the Capitol. -SOURCE- (R.S. Sec. 1816; Feb. 14, 1902, ch. 17, 32 Stat. 20; Mar. 3, 1921, ch. 124, 41 Stat. 1291; Oct. 31, 1951, ch. 654, Sec. 3(15), 65 Stat. 708.) -COD- CODIFICATION R.S. Sec. 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, Sec. 2, 15 Stat. 13; July 20, 1868, ch. 177, Sec. 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, Sec. 1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, Sec. 1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out requirement that such improvements, etc., should be paid for by Secretary of the Interior out of appropriations for Capitol extension, and from no other appropriation. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- CONDITIONS FOR USE OF CERTAIN TELECOMMUNICATIONS SYSTEMS AND SERVICES BY AGENCY OF LEGISLATIVE BRANCH Pub. L. 101-520, title III, Sec. 306, Nov. 5, 1990, 104 Stat. 2277, provided that: '(a) Hereafter, notwithstanding any other provision of law, any agency of the legislative branch is authorized to use telecommunications systems and services provided by the Architect of the Capitol or the House of Representatives or the Senate under the approved plan required by section 305 of Public Law 100-202 (101 Stat. 1329-308) (formerly set out below) if such systems and services - '(1) have been acquired competitively; and '(2) in the case of long distance service, have been determined by the Architect of the Capitol to be at least equal in quality to, and not greater in cost than, the systems and services available under the procurement conducted by the Administrator of General Services known as 'FTS2000'. '(b) As used in this section, the term 'agency of the legislative branch' means the office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office.' Similar provisions were contained in the following prior appropriations acts: Pub. L. 101-163, title III, Sec. 306, Nov. 21, 1989, 103 Stat. 1064. Pub. L. 100-458, title III, Sec. 307B, Oct. 1, 1988, 102 Stat. 2183. DEVELOPMENT OF OVERALL PLAN FOR SATISFYING TELECOMMUNICATIONS REQUIREMENTS OF AGENCIES OF LEGISLATIVE BRANCH Pub. L. 101-520, title III, Sec. 305, Nov. 5, 1990, 104 Stat. 2276, provided that: '(a) The Architect of the Capitol, in consultation with the heads of the agencies of the legislative branch, shall develop an overall plan for satisfying the telecommunications requirements of such agencies, using a common system architecture for maximum interconnection capability and engineering compatibility. The plan shall be subject to joint approval by the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate, and, upon approval, shall be communicated to the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. No part of any appropriation in this Act or any other Act shall be used for acquisition of any new or expanded telecommunications system for an agency of the legislative branch, unless, as determined by the Architect of the Capitol, the acquisition is in conformance with the plan, as approved. '(b) As used in this section - '(1) the term 'agency of the legislative branch' means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, and the Congressional Budget Office; and '(2) the term 'telecommunications system' means an electronic system for voice, data, or image communication, including any associated cable and switching equipment.' Similar provisions were contained in the following prior appropriations acts: Pub. L. 101-163, title III, Sec. 305, Nov. 21, 1989, 103 Stat. 1063. Pub. L. 100-458, title III, Sec. 305, Oct. 1, 1988, 102 Stat. 2182. Pub. L. 100-202, Sec. 101(i) (title III, Sec. 305), Dec. 22, 1987, 101 Stat. 1329-290, 1329-308. Pub. L. 99-500, Sec. 101(j) (H.R. 5203, title III, Sec. 305), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j) (H.R. 5203, title III, Sec. 305), Oct. 30, 1986, 100 Stat. 3341-287. RESTORATION OF WEST CENTRAL FRONT OF UNITED STATES CAPITOL; APPROPRIATION OF FUNDS; CONSULTING ARCHITECT Pub. L. 98-63, title I, July 30, 1983, 97 Stat. 335, which made supplemental appropriations for fiscal year ending Sept. 30, 1983, provided in part that: 'Notwithstanding any other provision of law, to enable the Architect of the Capitol, under the direction of the Commission on the West Central Front of the United States Capitol, to restore the West Central Front of the United States Capitol (without change of location or change of the present architectural appearance thereof) in substantial accordance with the 'Restoration of the West Central Facade' report dated March 1978, $49,000,000, to remain available until expended: Provided, That the Architect of the Capitol, under the direction of such Commission and without regard to the provisions of section 3709 of the Revised Statutes, as amended (41 U.S.C. 5), is authorized and directed to enter into such contracts, incur such obligations, and make such expenditures for personal and other services and other expenses as may be necessary to carry out this paragraph: Provided further, That any general construction contracts entered into under authority of this paragraph shall be for a firm fixed price, supported by standard performance and payment bonds, and shall be awarded competitively among selected responsible general contractors approved by such Commission and upon the approval by such Commission of the amount of the firm fixed price contracts: Provided further, That, the Commission on the West Central Front of the United States Capitol shall appoint, from among private individuals who are qualified, by reason of education, training, and experience, a consulting architect who shall assist the Commission in directing the Architect of the Capitol with respect to the restoration of the West Central Front of the United States Capitol: Provided further, That the Architect of the Capitol shall keep the consulting architect appointed under this paragraph fully and currently informed of the progress of the restoration of the West Central Front of the United States Capitol: Provided further, That the consulting architect for the restoration of the West Central Front of the United States Capitol appointed under this paragraph shall be paid for his services (out of the sum appropriated by this paragraph) at such rate of pay as the Commission considers appropriate, but not exceeding a rate equal to the daily equivalent of the rate of basic pay payable for grade GS-18 under the General Schedule under section 5332 of title 5, United States Code.' STUDY AND REPORT ON UTILIZATION OF SPACE IN UNITED STATES CAPITOL AND HOUSE AND SENATE OFFICE BUILDINGS AND ANNEXES; DRAWINGS AND SPECIFICATIONS FOR RESTORATION AND EXTENSION OF WEST CENTRAL FRONT OF UNITED STATES CAPITOL; FUNDING, ETC. Pub. L. 95-94, title III, Sec. 301, Aug. 5, 1977, 91 Stat. 681, provided that: 'The Architect of the Capitol is authorized and directed (1) to conduct a study of the utilization of space in the United States Capitol for the purpose of recommending and reporting to the Speaker of the House of Representatives and the President of the Senate and to the Committees on Appropriations of both Houses, and the Senate Committee on Rules and Administration, those offices which, by virtue of the functions performed therein, should be located in the Capitol and those offices which could be relocated to the House and Senate Office Buildings and Annexes; (2) to prepare drawings and specifications for restoration of the West Central Front of the United States Capitol in accordance with each of the various plans and alternatives proposed to the Committees on Appropriations during hearings on Legislative Branch Appropriations for 1978; and (3) to prepare drawings and specifications for extension of the West Central Front of the United States Capitol in accordance with the modified plan for extension of the West Central Front approved by the Commission for Extension of the United States Capitol on April 7, 1977; the drawings and specifications to be prepared in such detail as will enable the cost of such restoration proposals and extension proposal to be ascertained. The unexpended balance of appropriations heretofore appropriated under the heading, 'Extension of the Capitol' shall be transferred immediately upon approval of this Act to a Commission on the West Central Front of the United States Capitol which shall be composed of the following: The Vice President of the United States, who shall be the Chairman, the Speaker of the House of Representatives, the Majority and Minority Leaders of the House of Representatives, and the Majority and Minority Leaders of the Senate. Such unexpended balances shall be available for (1) the conduct of such study and (2) the preparation of such drawings and specifications under the direction of the Commission on the West Central Front of the United States Capitol. The drawings and specifications shall be completed by March 1, 1978, and submitted for the approval of the Committees on Appropriations of the Senate and House of Representatives and the Commission on the West Central Front of the United States Capitol prior to the issuance of invitations to bid on the restoration or extension of the West Central Front of the United States Capitol.' PRELIMINARY DESIGN SKETCHES OF MURALS FOR HOUSE WING OF UNITED STATES CAPITOL AS GIFT FROM UNITED STATES CAPITOL HISTORICAL SOCIETY; FUNDS FOR DESIGNS; EMPLOYMENT OF ARTIST; CONTRACT AUTHORITY; FUNDS AVAILABLE UNTIL EXPENDED Pub. L. 94-497, Oct. 14, 1976, 90 Stat. 2377, provided: 'That, notwithstanding any other provision of law, the Joint Committee on the Library is authorized to accept, on behalf of the Congress, as a gift from the United States Capitol Historical Society, preliminary design sketches intended as a basic design for murals proposed to be painted on the ceiling and walls of the first floor corridors in the House wing of the United States Capitol. 'Sec. 2. Notwithstanding any other provision of law, the Architect of the Capitol is authorized - '(1) to accept in the name of the United States, from the United States Capitol Historical Society, such sum or sums as such society may tender in full payment thereof, and such sum or sums, when so received, shall be credited to the appropriation account 'Capitol Buildings, Architect of the Capitol', and '(2) subject to section 3 of this joint resolution, to expend such sum or sums for the employment, by contract, of an artist or artists, for the execution of mural decorations on the ceiling and walls of the first floor corridor in the House wing of the United States Capitol in substantial accordance with the preliminary design sketches referred to in the first section of the joint resolution, after the acceptance by the Joint Committee on the Library, and for all other necessary items in connection therewith, subject to such modifications thereof as may be approved by such joint committee. 'Sec. 3. The Architect of the Capitol, under the direction of the Speaker of the House of Representatives, is authorized to enter into contracts and to incur such other obligations and make such expenditures, as may be necessary to carry out the purposes of the joint resolution. 'Sec. 4. Sums received under the joint resolution, when credited to the appropriation account 'Capitol Buildings, Architect of the Capitol', shall be expended and shall remain available until expended. Any net monetary amounts remaining after the completion of the project authorized by the joint resolution, and in excess of the cost of such project, shall be returned to the United States Capitol Historical Society.' REMODELING OF CAUCUS ROOMS AND RESTAURANTS Act Aug. 2, 1946, ch. 753, Sec. 241, 60 Stat. 838, authorized the Architect of the Capitol to prepare plans for the remodeling and improvement of the caucus rooms of the Senate and House Office Buildings and Restaurants in the Senate and House and directed him to submit said plans at the earliest practicable date. Section 241 of act Aug. 2, 1946, was made effective Aug. 2, 1946 by section 245 of said act. EXTENSION, RECONSTRUCTION, AND REPLACEMENT OF CENTRAL PORTION OF THE UNITED STATES CAPITOL Act Aug. 5, 1955, ch. 568, Sec. 101, 69 Stat. 515, as amended by Pub. L. 91-77, Sept. 29, 1969, 83 Stat. 124, provided in part that: 'The Architect of the Capitol is hereby authorized, under the direction of a Commission for Extension of the United States Capitol, to be composed of the President of the Senate, the Speaker of the House of Representatives, the majority leader of the Senate, the majority leader of the House of Representatives, the minority leader of the Senate, the minority leader of the House of Representatives, and the Architect of the Capitol, to provide for the extension, reconstruction, and replacement of the central portion of the United States Capitol in substantial accordance with scheme B of the architectural plan submitted by a joint commission of Congress and reported to Congress on March 3, 1905 (House Document numbered 385, Fifty-eighth Congress), but with such modifications and additions, including provisions for restaurant facilities, and such other facilities in the Capitol Grounds, together with utilities, equipment, approaches, and other appurtenant or necessary items, as may be approved by said Commission.' GALLERY FACILITIES IN HOUSE CHAMBER: MODERNIZATION AND IMPROVEMENT; APPOINTMENT AND TERMINATION OF SPECIAL COMMISSION; PROGRAM FORMULATION, DEVELOPMENT, AND IMPLEMENTATION; COMPLETION DATE; CONTRACT AUTHORITY; APPROPRIATIONS Pub. L. 91-510, title IV, Sec. 499, Oct. 26, 1970, 84 Stat. 1200, provided that: '(a) The Speaker of the House of Representatives shall appoint a special commission of the House, to be designated the 'Special Commission on Modernization of House Gallery Facilities', composed of five Members of the House, three from the majority party and two from the minority party. The Speaker shall designate as chairman of the commission one of the Members so appointed. A vacancy in the membership of the commission shall be filled in the same manner as the original appointment. The commission shall conduct a study of the structure and uses of the gallery facilities in the Chamber of the House of Representatives and shall formulate and develop a program for the modernization and improvement of the House gallery facilities in order to improve the physical conditions under which the proceedings on the floor of the House are conducted and to provide for spectators in the House galleries modernized and improved accommodations for their enlightenment, information, and understanding with respect to the proceedings on the floor of the House and the role of the House generally in the legislative branch of the Government. Any such program formulated and developed by the commission shall provide for - '(1) the enclosure of the galleries with soundproof and transparent coverage in such manner as to preserve the visibility from the galleries of proceedings on the House floor and eliminate the audibility on the House floor of noise in the galleries; '(2) the installation of facilities and devices which will permit the proceedings on the floor of the House to be heard by spectators in the galleries, together with facilities and devices by which appropriate comments and explanations may be made to spectators in the galleries with respect to the proceedings on the House floor; and '(3) such other items or features of modernization and improvement of the House galleries as may be directed by the commission, including items and features of modernization designed to provide for and facilitate the consultation of legislative materials and the taking of written notes by visitors to the House galleries, under such regulations as the Speaker may from time to time prescribe, without any distraction to or disturbance of the conduct of proceedings on the floor of the House. '(b) At the request of the commission, the Architect of the Capitol shall provide advice, counsel, and assistance to the commission in the conduct of its study. '(c) Such study shall be completed not later than the close of the first session of the Ninety-second Congress. '(d) After the completion of such study, the commission through the Architect of the Capitol, subject to the availability of appropriations for such purpose, shall put the program for the modernization and improvement of the galleries into effect. The Architect of the Capitol may procure or make such plans, enter into such contracts, employ such personnel, and take such other actions and make such expenditures, as may be necessary to complete such program of modernization and improvement of the House galleries. In all matters connected with such program, the Architect shall be subject to the supervision, direction, and control of the commission. '(e) The commission shall cease to exist when the Speaker determines that the program for modernization and improvement of the galleries has been completed. '(f) There are hereby authorized to be appropriated, to remain available until expended, such sums as may be necessary to carry out the provisions of this section.' Section 499 of Pub. L. 91-510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -CROSS- CROSS REFERENCES Changes in architectural features of the Capitol Building or in landscape features of Capitol grounds, see section 162 of this title. ------DocID 43950 Document 196 of 816------ -CITE- 40 USC Sec. 166a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166a. Travel expenses -STATUTE- Appropriations under the control of the Architect of the Capitol shall be available for expenses of travel on official business not to exceed in the aggregate under all funds the sum of $50,000. -SOURCE- (Nov. 5, 1990, Pub. L. 101-520, title I, 104 Stat. 2266.) -COD- CODIFICATION Section is from the appropriation act cited as the credit to this section. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Nov. 21, 1989, Pub. L. 101-163, title I, 103 Stat. 1055. Oct. 1, 1988, Pub. L. 100-458, title I, 102 Stat. 2169. Dec. 22, 1987, Pub. L. 100-202, Sec. 101(i) (title I), 101 Stat. 1329-290, 1329-301. Oct. 18, 1986, Pub. L. 99-500, Sec. 101(j) (H.R. 5203, title I), 100 Stat. 1783-287, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(j), 100 Stat. 3341-287. Nov. 13, 1985, Pub. L. 99-151, title I, 99 Stat. 800. July 17, 1984, Pub. L. 98-367, title I, 98 Stat. 482. July 14, 1983, Pub. L. 98-51, title I, Sec. 112, 97 Stat. 273. Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e) (S. 2939, title I), 96 Stat. 1189. Oct. 1, 1981, Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title I), 95 Stat. 959. Dec. 16, 1980, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I), 94 Stat. 3167. Oct. 12, 1979, Pub. L. 96-86, Sec. 101(c) (H.R. 4390, title I), 93 Stat. 657. Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 781. Aug. 5, 1977, Pub. L. 95-94, title I, 91 Stat. 672. Oct. 1, 1976, Pub. L. 94-440, title VI, 90 Stat. 1452. July 25, 1975, Pub. L. 94-59, title V, 89 Stat. 287. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 437. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 540. July 10, 1972, Pub. L. 92-342, 86 Stat. 442. July 9, 1971, Pub. L. 92-51, 85 Stat. 137. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 818. Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 350. July 23, 1968, Pub. L. 90-417, 82 Stat. 407. July 28, 1967, Pub. L. 90-57, 81 Stat. 136. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 364. July 27, 1965, Pub. L. 89-90, 79 Stat. 276. Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 544. Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 812. Oct. 2, 1962, Pub. L. 87-730, 76 Stat. 688. Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 329. July 12, 1960, Pub. L. 86-628, 74 Stat. 455. Aug. 21, 1959, Pub. L. 86-176, 73 Stat. 407. July 31, 1958, Pub. L. 85-570, 72 Stat. 448. July 1, 1957, Pub. L. 85-75, 71 Stat. 251. June 27, 1956, ch. 453, 70 Stat. 365. Aug. 5, 1955, ch. 568, 69 Stat. 515. July 2, 1954, ch. 455, title I, 68 Stat. 405. Aug. 1, 1953, ch. 304, title I, 67 Stat. 327. July 9, 1952, ch. 598, 66 Stat. 472. Oct. 11, 1951, ch. 485, 65 Stat. 396. Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 602. June 22, 1949, ch. 235, 63 Stat. 224. June 14, 1948, ch. 467, 62 Stat. 430. July 17, 1947, ch. 262, 61 Stat. 369. July 1, 1946, ch. 530, 60 Stat. 400. June 13, 1945, ch. 189, 59 Stat. 251. June 26, 1944, ch. 277, title I, 58 Stat. 346. June 26, 1943, ch. 173, title I, 57 Stat. 232. June 8, 1942, ch. 396, 56 Stat. 341. July 1, 1941, ch. 268, 55 Stat. 457. June 18, 1940, ch. 396, 54 Stat. 472. ------DocID 43951 Document 197 of 816------ -CITE- 40 USC Sec. 166a-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166a-1. Appropriations under control of Architect of Capitol; availability for expenses of advertising -STATUTE- Appropriations under the control of the Architect of the Capitol shall be available for expenses of advertising and personal and other services. -SOURCE- (Feb. 28, 1929, ch. 367, 45 Stat. 1395; June 6, 1930, ch. 407, 46 Stat. 513.) -COD- CODIFICATION Section consolidates provisions from the Legislative Branch Appropriation Acts for fiscal years 1930 and 1931. Section was formerly classified to section 689 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877.y ------DocID 43952 Document 198 of 816------ -CITE- 40 USC Sec. 166b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b. Omitted -MISC1- Section, Pub. L. 88-426, title II, Sec. 203(d), Aug. 14, 1964, 78 Stat. 415; Pub. L. 90-206, title II, Sec. 219(3), Dec. 16, 1967, 81 Stat. 639; Pub. L. 94-82, title II, Sec. 204(b), Aug. 9, 1975, 89 Stat. 421; Pub. L. 96-146, Sec. 1(2), Dec. 14, 1979, 93 Stat. 1086, set the compensation of the Assistant Architect of the Capitol at a rate equal to the rate for level V of the Executive Schedule under 5 U.S.C. 5315. See section 166b-3a of this title. A prior section 166b, acts May 18, 1946, ch. 263, title I, 60 Stat. 184; July 1, 1946, ch. 530, 60 Stat. 400; July 17, 1947, ch. 262, 61 Stat. 369; Oct. 15, 1949, ch. 695, Sec. 6(a), 63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. 101, 69 Stat. 515, which prescribed annual rate of basic compensation for Assistant Architect of the Capitol, and was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 653, 654. ------DocID 43953 Document 199 of 816------ -CITE- 40 USC Sec. 166b-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1. Repealed. Pub. L. 101-163, title I, Sec. 106(b), Nov. 21, 1989, 103 Stat. 1056 -MISC1- Section, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I, title III, Sec. 303), Dec. 16, 1980, 94 Stat. 3167, set the salary of the Executive Assistant, Architect of the Capitol. A prior section 166b-1, Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 817, which prescribed salary of Executive Assistant, Architect of the Capitol, was superseded by Pub. L. 96-536. Another prior section 166b-1, acts Aug. 14, 1964, Pub. L. 88-426, title II, Sec. 203(e), 78 Stat. 415; Dec. 16, 1967, Pub. L. 90-206, title II, Sec. 219(4), 81 Stat. 639, which prescribed compensation of Second Assistant Architect of the Capitol, was superseded by provisions of Pub. L. 91-382 which replaced Second Assistant with an Executive Assistant, Architect of the Capitol. Another prior section 166b-1, acts Aug. 5, 1955, ch. 568, 69 Stat. 515; July 1, 1957, Pub. L. 85-75, 71 Stat. 251; Aug. 10, 1961, Pub. L. 87-130, 75 Stat. 329, which prescribed salary of Second Assistant Architect of the Capitol, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 658. ------DocID 43954 Document 200 of 816------ -CITE- 40 USC Sec. 166b-1a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1a. Compensation of employees under Architect of Capitol; single per annum gross rates of pay -STATUTE- Whenever the rate of pay of - (1) an employee of the Office of the Architect of the Capitol; or (2) an employee of the House Restaurant, or of the Senate Restaurant, under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be; is fixed or adjusted on or after the effective date of this section, that rate, as so fixed and adjusted, shall be a single per annum gross rate. -SOURCE- (Pub. L. 91-510, title IV, Sec. 481, Oct. 26, 1970, 84 Stat. 1196.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1b, 166b-1c, 166b-1d, 166b-1e, 166b-1f of this title. ------DocID 43955 Document 201 of 816------ -CITE- 40 USC Sec. 166b-1b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1b. Conversion by Architect of Capitol of existing basic pay rates to per annum gross pay rates -STATUTE- The Architect of the Capitol shall convert, as of the effective date of this section, to a single per annum gross rate, the rate of pay of each employee described in subparagraph (1) or subparagraph (2) of section 166b-1a of this title, whose pay immediately prior to such effective date was fixed at a basic rate with respect to which additional pay was payable by law. -SOURCE- (Pub. L. 91-510, title IV, Sec. 482, Oct. 26, 1970, 84 Stat. 1196.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1c, 166b-1d, 166b-1e, 166b-1f of this title. ------DocID 43956 Document 202 of 816------ -CITE- 40 USC Sec. 166b-1c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1c. Obsolete references in existing law to basic pay rates -STATUTE- In any case in which - (1) the rate of pay of, or any maximum or minimum rate of pay with respect to - (A) any employee described in subparagraph (1) or subparagraph (2) of section 166b-1a of this title, or (B) the position of such employee, or (C) any class or group of such employees or positions, is referred to in or provided by statute or other authority; and (2) the rate so referred to or provided is a basic rate with respect to which additional pay is provided by law; such statutory provision or authority shall be deemed to refer, in lieu of such basic rate, to the per annum gross rate which an employee receiving such basic rate immediately prior to the effective date of this section would receive, without regard to such statutory provision or authority, under section 166b-1b of this title on and after such date. -SOURCE- (Pub. L. 91-510, title IV, Sec. 483, Oct. 26, 1970, 84 Stat. 1196.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in text, means immediately prior to noon on Jan. 3, 1971. See section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1d, 166b-1e, 166b-1f of this title. ------DocID 43957 Document 203 of 816------ -CITE- 40 USC Sec. 166b-1d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1d. Savings provisions -STATUTE- The provisions of sections 166b-1a to 166b-1f of this title shall not be construed to - (1) limit or otherwise affect any authority for the making of any appointment to, or for fixing or adjusting the pay for, the position of any employee described in subparagraph (1) or subparagraph (2) of section 166b-1a of this title; (2) affect the continuity of employment of, or reduce the pay of, any employee holding any position referred to in subparagraph (1) of this section; or (3) modify, change, supersede, or otherwise affect the provisions of sections 5504 and 6101(a)(5) of title 5, insofar as such sections relate to the Office of the Architect of the Capitol. -SOURCE- (Pub. L. 91-510, title IV, Sec. 484, Oct. 26, 1970, 84 Stat. 1197.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1e, 166b-1f of this title. ------DocID 43958 Document 204 of 816------ -CITE- 40 USC Sec. 166b-1e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1e. Effect on existing law -STATUTE- (a) All provisions of law inconsistent with sections 166b-1a to 166b-1f of this title are hereby superseded to the extent of the inconsistency. (b) Sections 5504 and 6101(a)(5) of title 5 shall apply to employees of the House and Senate Restaurants who are paid at per annum rates of pay as long as such employees are under the supervision of the Architect of the Capitol as an agent of the House or Senate, respectively, as the case may be. -SOURCE- (Pub. L. 91-510, title IV, Sec. 485, Oct. 26, 1970, 84 Stat. 1197.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1d, 166b-1f of this title. ------DocID 43959 Document 205 of 816------ -CITE- 40 USC Sec. 166b-1f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-1f. Exemptions -STATUTE- Notwithstanding any other provision of sections 166b-1a to 166b-1f of this title, the foregoing provisions of such sections do not apply to any employee described in section 166b-1a of this title whose pay is fixed and adjusted - (1) in accordance with chapter 51, and subchapter III of chapter 53, of title 5, relating to classification and General Schedule pay rates; (2) in accordance with subchapter IV of chapter 53 of title 5, relating to prevailing rate pay systems; (3) at per hour or per diem rates in accordance with section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), relating to employees performing professional and technical services for the Architect of the Capitol in connection with construction projects and employees under the Office of the Architect of the Capitol whose tenure of employment is temporary or of uncertain duration; or (4) in accordance with prevailing rates under authority of sections 174j-1 to 174j-7 of this title entitled 'Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes', or section 174k of this title, relating to the duties of the Architect of the Capitol with respect to the House of Representatives Restaurant. -SOURCE- (Pub. L. 91-510, title IV, Sec. 486, Oct. 26, 1970, 84 Stat. 1197.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in par. (1), is set out under section 5332 of Title 5, Government Organization and Employees. Section 3 of the Legislative Pay Act of 1929, as amended (46 Stat. 38; 55 Stat. 615), referred to in par. (3), amended section 2 of the Classification Act of 1923, which was classified to section 662 of former Title 5, Executive Departments and Government Officers and Employees. The Classification Act of 1923, as amended, was repealed and superseded by the Classification Act of 1949, Oct. 28, 1949, ch. 782, 63 Stat. 954, 972. The amendment of section 3 of the Legislative Pay Act of 1929 made by act Aug. 1, 1941, Sec. 6, 55 Stat. 615, was not repealed by the Classification Act of 1949. See section 1202(7), 63 Stat. 973. Section 174j-2 of this title, included within reference in par. (4) to sections 174j-1 to 174j-7 of this title, was omitted from the Code. -MISC2- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1d, 166b-1e of this title. ------DocID 43960 Document 206 of 816------ -CITE- 40 USC Sec. 166b-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-2. Registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings; allocation to General Schedule salary grade -STATUTE- Notwithstanding any other provision of law, effective on the first day of the first applicable pay period which begins on or after December 27, 1974, the positions of registered nurses compensated under appropriations for Capitol Buildings, Senate Office Buildings, and House Office Buildings, shall be allocated by the Architect of the Capitol to grade 11 of the General Schedule. Notwithstanding any other provision of law, effective January 1, 1975, none of the funds appropriated to the Architect of the Capitol shall thereafter be available for any nursing position unless the position is occupied by a Registered Nurse: Provided, That such provision shall not be applicable to the present incumbents of such positions. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777; Pub. L. 101-520, title I, Sec. 109, Nov. 5, 1990, 104 Stat. 2269.) -REFTEXT- REFERENCES IN TEXT The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees. -MISC2- PRIOR PROVISIONS A prior section 166b-2, Pub. L. 85-462, Sec. 4(j), (t), June 20, 1958, 72 Stat. 208, 209, which established the position of Chief Nurse in the Senate Office Building, under the Office of the Architect of the Capitol, and set forth the salary grade for each position of nurse under the Architect of the Capitol, was omitted as superseded. AMENDMENTS 1990 - Pub. L. 101-520 substituted 'grade 11' for 'grade 10' and struck out 'and compensated initially at the same steps in such grade, currently in effect for their present grades, so long as such positions are held by the present incumbents' after 'General Schedule'. ------DocID 43961 Document 207 of 816------ -CITE- 40 USC Sec. 166b-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-3. Authorization to fix basic rate of compensation for certain positions -STATUTE- On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of four positions under the appropriation 'Salaries, Office of the Architect of the Capitol', of two positions under the appropriation 'Capitol Buildings', and of one position under the appropriation 'House Office Buildings' at a basic rate of $8,200 per annum each: Provided, That this provision shall not be applicable to the positions of Architect or Assistant Architect. On and after August 21, 1959, the Architect of the Capitol is authorized, without regard to chapter 51 and subchapter III of chapter 53 of title 5, to fix the compensation of one position under the appropriation 'Senate Office Buildings', at a basic rate of $8,200 per annum. -SOURCE- (Pub. L. 86-176, Aug. 21, 1959, 73 Stat. 407; Pub. L. 89-309, ch. VII, Oct. 31, 1965, 79 Stat. 1147; Pub. L. 90-206, title II, Sec. 214(p), Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-239, ch. IV, Jan. 2, 1968, 81 Stat. 775; Pub. L. 94-157, title I, ch. IV, Dec. 18, 1975, 89 Stat. 835; Pub. L. 101-163, title I, Sec. 106(c), Nov. 21, 1989, 103 Stat. 1056.) -COD- CODIFICATION 'Chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification Act of 1949, as amended' in text on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 substituted 'four positions' for 'three positions' and 'Architect or Assistant Architect' for 'Architect, Assistant Architect, or Second Assistant Architect of the Capitol'. 1975 - Pub. L. 94-157 increased to two positions from one position the number of positions under the appropriation 'Capitol Buildings'. 1968 - Pub. L. 90-239 increased the compensation of one position under appropriation 'Senate Office Buildings' from '$7,700' to '$8,200'. 1967 - Pub. L. 90-206 increased the compensation from $7,700 to $8,200 per annum each of the three positions under the appropriation 'Salaries, Office of the Architect of the Capitol', of one position under the appropriation 'Capitol Buildings', and of one position under the appropriation 'House Office Buildings'. 1965 - Pub. L. 89-309 increased the compensation of one position under appropriation 'Senate Office Buildings' from $7,020 to $7,700. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-206 effective as of beginning of first pay period which begins on or after Oct. 1, 1967, see section 220(a)(2) of Pub. L. 90-206, set out as a note under section 5332 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166b-3a of this title; title 5 section 5307. ------DocID 43962 Document 208 of 816------ -CITE- 40 USC Sec. 166b-3a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-3a. Compensation of certain positions in Office of Architect of Capitol -STATUTE- (a) Amount of compensation to be that specified in appropriations Acts Notwithstanding any other provision of law, the pay for positions described in subsection (b) of this section shall be the amounts specified for such positions in appropriations Acts. (b) Positions covered The positions referred to in subsection (a) of this section are - (1) the position of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings 'Office of the Architect of the Capitol' and 'salaries' in the first section of the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the eight positions provided for in the third and fourth undesignated paragraphs under the center subheadings 'Office of the Architect of the Capitol' and 'salaries' in the first section of the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b-3). (c) Calculation of amounts The pay for each position described in subsection (b) of this section shall be the pay payable for such position with respect to the last pay period before this section takes effect, subject to any applicable adjustment during fiscal year 1988 under, or by reference to any applicable adjustment during fiscal year 1988 under, subchapter I of chapter 53 of title 5. (d) Effective date This section shall apply in fiscal years beginning after September 30, 1987, with respect to pay periods beginning after December 22, 1987. -SOURCE- (Pub. L. 100-202, Sec. 101(i) (title III, Sec. 308), Dec. 22, 1987, 101 Stat. 1329-290, 1329-309; Pub. L. 101-163, title I, Sec. 106(e), Nov. 21, 1989, 103 Stat. 1057.) -MISC1- AMENDMENTS 1989 - Subsec. (b). Pub. L. 101-163 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: 'The positions referred to in subsection (a) of this section are: (1) the two positions of assistant referred to in the proviso in the first undesignated paragraph under the center subheadings 'Office of the Architect of the Capitol' and 'Salaries' in the Legislative Branch Appropriation Act, 1971 (40 U.S.C. 164a), and (2) the seven positions provided for in the third and fourth undesignated paragraphs under the center subheadings 'Office of the Architect of the Capitol' and 'Salaries' in the Legislative Branch Appropriation Act, 1960 (40 U.S.C. 166b-3).' FISCAL YEAR ADJUSTMENTS IN PAY Section 307 of Pub. L. 101-163 provided that: 'The pay for the positions described in section 308(b) of the Legislative Branch Appropriations Act, 1988, as contained in section 101(i) of Public Law 100-202 (40 U.S.C. 166b-3a(b)) - '(1) shall be subject to any applicable adjustment during fiscal year 1990 under, or by reference to any applicable adjustment during fiscal year 1990 under, subchapter I of chapter 53 of title 5, United States Code; and '(2) with respect to the position of Assistant Architect of the Capitol, shall be subject to any recommendation of the President that, pursuant to section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351 et seq.), takes effect during fiscal year 1990.' Similar provisions were contained in the following prior appropriations act: Pub. L. 100-458, title III, Sec. 308, Oct. 1, 1988, 102 Stat. 2183. ------DocID 43963 Document 209 of 816------ -CITE- 40 USC Sec. 166b-3b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-3b. Compensation of certain positions under jurisdiction of Architect of Capitol -STATUTE- (a) Effective as of the first day of the first applicable pay period beginning on or after November 5, 1990, the compensation of the Director of Engineering (under the Architect of the Capitol) shall be equal to the rate of basic pay payable for level V of the Executive Schedule. (b)(1) Effective beginning with any pay period beginning on or after November 5, 1990, the Architect of the Capitol may fix the rate of basic pay - (A) for not more than one of the positions under paragraph (2) at a rate not to exceed the rate payable for grade GS-18 of the General Schedule; and (B) for any other position under paragraph (2), at such rate as the Architect considers appropriate for such position, not to exceed the rate payable for step 2 of grade GS-17 of the General Schedule. (2) Authority under paragraph (1) may be exercised with respect to any of the following positions under the jurisdiction of the Architect of the Capitol: (A) The Senior Landscape Architect. (B) The Administrative Assistant. (C) The Executive Officer. (D) The Budget Officer. (E) The General Counsel. (F) The Superintendent of the Senate Office Buildings. (G) The Superintendent of the House Office Buildings. (H) The Supervising Engineer of the United States Capitol. -SOURCE- (Pub. L. 101-520, title I, Sec. 108, Nov. 5, 1990, 104 Stat. 2268.) -REFTEXT- REFERENCES IN TEXT Level V of the Executive Schedule, referred to in subsec. (a), is set out in section 5316 of Title 5, Government Organization and Employees. -MISC2- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 43964 Document 210 of 816------ -CITE- 40 USC Sec. 166b-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-4. Gratuities for survivors of deceased employees under jurisdiction of Architect of Capitol -STATUTE- Until otherwise provided by law, there is authorized to be paid out of the contingent fund of the House of Representatives, on vouchers signed by the chairman of the Committee on House Administration, a gratuity to the widow, widower, or heirs-at-law, of each deceased employee under the jurisdiction of the Architect of the Capitol who was assigned to duty in the House of Representatives at the time of his death. The payment of each such gratuity shall be in accordance with uniform rules and regulations adopted by the Committee on House Administration except that no such gratuity shall be in excess of that payable to the widow, widower, or heirs-at-law of any deceased employee under the jurisdiction of the Architect of the Capitol having a comparable length of service, who was assigned to similar duties in the Senate at the time of his death. -SOURCE- (Pub. L. 88-454, Sec. 103, Aug. 20, 1964, 78 Stat. 550.) -COD- CODIFICATION Section is based on House Resolution No. 291, June 18, 1963, which was enacted into permanent law by Pub. L. 88-454. ------DocID 43965 Document 211 of 816------ -CITE- 40 USC Sec. 166b-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-5. Withholding and remittance of State income tax by Architect of Capitol -STATUTE- (a) Agreement by Architect with appropriate State official; covered individuals Whenever - (1) the law of any State provides for the collection of an income tax by imposing upon employers generally the duty of withholding sums from the compensation of employees and remitting such sums to the authorities of such State; and (2) such duty to withhold is imposed generally with respect to the compensation of employees who are residents of such State; then the Architect of the Capitol is authorized, in accordance with the provisions of this section, to enter into an agreement with the appropriate official of that State to provide for the withholding and remittance of sums for individuals - (A) employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant; and (B) who request the Architect to make such withholdings for remittance to that State. (b) Number of remittances authorized Any agreement entered into under subsection (a) of this section shall not require the Architect to remit such sums more often than once each calendar quarter. (c) Requests by individuals of Secretary for withholding and remittance; amount of withholding; number and effective date of requests; change of designated State; revocation of request; rules and regulations (1) An individual employed by the Office of the Architect of the Capitol, the United States Botanic Garden, or the Senate Restaurant may request the Architect to withhold sums from his pay for remittance to the appropriate authorities of the State that he designates. Amounts of withholdings shall be made in accordance with those provisions of the law of that State which apply generally to withholding by employers. (2) An individual may have in effect at any time only one request for withholdings, and he may not have more than two such requests in effect with respect to different States during any one calendar year. The request for withholdings is effective on the first day of the first pay period commencing on or after the day on which the request is received in the Office of the Architect, the Botanic Garden Office, or the Senate Restaurant Accounting Office except that - (A) when the Architect first enters into an agreement with a State, a request for withholdings shall be effective on such date as the Architect may determine; and (B) when an individual first receives an appointment, the request shall be effective on the day of appointment, if the individual makes the request at the time of appointment. (3) An individual may change the State designated by him for the purposes of having withholdings made and request that the withholdings be remitted in accordance with such change, and he may also revoke his request for withholdings. Any change in the State designated or revocation is effective on the first day of the first pay period commencing on or after the day on which the request for change or the revocation is received in the appropriate office. (4) The Architect is authorized to issue rules and regulations he considers appropriate in carrying out this subsection. (d) Time or times of agreements by Architect The Architect may enter into agreements under subsection (a) of this section at such time or times as he considers appropriate. (e) Provisions as not imposing duty, burden, requirement or penalty upon United States or any officer or employee of United States This section imposes no duty, burden, or requirement upon the United States, or any officer or employee of the United States, except as specifically provided in this section. Nothing in this section shall be deemed to consent to the application of any provision of law which has the effect of subjecting the United States, or any officer or employee of the United States to any penalty or liability by reason of the provisions of this section. (f) 'State' defined For the purposes of this section, 'State' means any of the States of the United States. -SOURCE- (Pub. L. 94-59, title V, Sec. 501, July 25, 1975, 89 Stat. 290.) -CROSS- CROSS REFERENCES Withholding State income taxes - Generally, see section 5517 of Title 5, Government Organization and Employees. Clerk and Sergeant at Arms of the House of Representatives, see section 60e-1a of Title 2, The Congress. Secretary of the Senate, see section 60c-3 of Title 2. ------DocID 43966 Document 212 of 816------ -CITE- 40 USC Sec. 166b-6 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166b-6. Assignment and reassignment of personnel by Architect of Capitol for personal services -STATUTE- Notwithstanding any other provisions of law, in order to improve the economic use of the personal services of his employees, the Architect of the Capitol is authorized on and after October 12, 1979, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of his Office, for personal services in any buildings, facilities or grounds under his jurisdiction or for personal services in connection with any project under his jurisdiction for which appropriations have been made and are available, whenever such action, in his opinion, will be most advantageous to the interest of or result in either specific or overall savings to the Government. Exceptions may be made where there are differences in equipment. No assignment or reassignment of personnel by the Architect of the Capitol pursuant to this provision shall operate in any respect to augment or decrease any general or specific appropriation. -SOURCE- (Pub. L. 96-86, Sec. 101(c), Oct. 12, 1979, 93 Stat. 657; Pub. L. 100-202, Sec. 106, Oct. 22, 1987, 101 Stat. 1329-433.) -COD- CODIFICATION Section is based on section 102 of title I of H.R. 4390 (Legislative Branch Appropriation Act, 1980), as incorporated by reference by section 101(c) of Pub. L. 96-86, and enacted into law by section 106 of Pub. L. 100-202. -MISC3- EFFECTIVE DATE Section 106 of Pub. L. 100-202 provided in part that this section is effective on date of enactment (Oct. 12, 1979) of the 'pertinent joint resolution' making continuing appropriations for fiscal year 1980 (Pub. L. 96-86). PILOT PROGRAM TO DETERMINE ECONOMIC FEASIBILITY OF CENTRALIZING CERTAIN MAINTENANCE FUNCTIONS AND ASSIGNING OR REASSIGNING PERSONS ON EMPLOYMENT ROLLS Pub. L. 101-163, title I, Sec. 104, Nov. 21, 1989, 103 Stat. 1056, provided that: 'Notwithstanding any other provisions of law, the Architect of the Capitol is hereby authorized to (1) develop a pilot program to determine the economic feasibility and efficiency of centralizing certain maintenance functions, to assign and reassign, without increase or decrease in basic salary or wages, any person on the employment rolls of the Office of the Architect of the Capitol, for personal services in any buildings, facilities, or grounds under his jurisdiction for which appropriations have been made and are available; (2) maintain appropriate cost and productivity records for the program; and (3) report to appropriate authorities, including the Committees on Appropriations, on the results of the program, together with recommendations for continuation or expansion of the program.' Similar provisions were contained in the following prior appropriation acts: Pub. L. 100-458, title I, Sec. 104, Oct. 1, 1988, 102 Stat. 2171. Pub. L. 100-202, Sec. 101(i) (title I, Sec. 103), Dec. 22, 1987, 101 Stat. 1329-290, 1329-302. ------DocID 43967 Document 213 of 816------ -CITE- 40 USC Sec. 166c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166c. Acquisition of surplus supplies, materials, etc.; priority -STATUTE- On and after July 1, 1946, the Architect of the Capitol in expending appropriations under his control may acquire supplies, materials, equipment, furniture, and other items from Government agencies, disposing of such property under The Surplus Property Act of 1944, as amended, and shall be accorded the same priority as granted other Government agencies under that Act. -SOURCE- (July 1, 1946, ch. 530, 60 Stat. 401.) -REFTEXT- REFERENCES IN TEXT The Surplus Property Act of 1944 and 'that Act', referred to in text, are act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was classified principally to sections 1611 to 1646 of Title 50, Appendix, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part in Title 50, Appendix. Section 1631 was repealed by act June 7, 1938, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50, War and National Defense. Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by chapter 10 (Sec. 471 et seq.) of this title. -COD- CODIFICATION Section is from act July 1, 1946, popularly known as the Legislative Branch Appropriation Act, 1947. -CROSS- CROSS REFERENCES Federal Property and Administrative Services Act of 1949, exemption of Architect of Capitol from provisions of, see section 474 of this title. ------DocID 43968 Document 214 of 816------ -CITE- 40 USC Sec. 166d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166d. Rental or lease of storage space -STATUTE- Notwithstanding any other provision of law, the Architect of the Capitol, with the approval of the House Office Building Commission and Senate Committee on Rules and Administration, is authorized to secure, through rental, lease, or other appropriate agreement, storage space in areas within the District of Columbia and its environs beyond the boundaries of the United States Capitol Grounds for use of the United States Senate, the United States House of Representatives, and the Office of the Architect of the Capitol, under such terms and conditions as such Commission and committee may authorize, and to incur any necessary incidental expenses in connection therewith. -SOURCE- (Pub. L. 93-180, Sec. 1, Dec. 13, 1973, 87 Stat. 704.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166e of this title. ------DocID 43969 Document 215 of 816------ -CITE- 40 USC Sec. 166e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166e. Funds out of Contingent Expenses, Architect of Capitol -STATUTE- Any expenditures required to implement the provisions of section 166d of this title shall be paid from the appropriation 'Contingent Expenses, Architect of the Capitol' and any funds appropriated under this head shall hereafter be available for such purpose. -SOURCE- (Pub. L. 93-180, Sec. 2, Dec. 13, 1973, 87 Stat. 705.) ------DocID 43970 Document 216 of 816------ -CITE- 40 USC Sec. 166f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 166f. Funds out of Capitol Buildings, Architect of Capitol -STATUTE- On and after October 18, 1986, the Architect of the Capitol may incur expenses authorized by section 166d of this title to be paid from the appropriation 'Capitol Buildings, Architect of the Capitol'. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425.) -COD- CODIFICATION Section is based on the words 'to hereafter incur expenses authorized by the Act of December 13, 1973 (87 Stat. 704)' appearing under heading 'Architect of the Capitol' and subheading 'Capitol Buildings' contained in H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), as incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. ------DocID 43971 Document 217 of 816------ -CITE- 40 USC Sec. 167 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 167. Lighting, heating, and ventilating House of Representatives -STATUTE- The electrician, together with everything pertaining to the electrical machinery and apparatus, and the ventilation and heating of the House of Representatives, and all laborers and others connected with the lighting, heating, and ventilating thereof, shall be subject exclusively to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. And all engineers and others who are engaged in heating and ventilating the House shall be subject to the orders, and in all respects under the direction, of the Architect of the Capitol, subject to the control of the Speaker; and no removal or appointment shall be made except with his approval. -SOURCE- (Mar. 3, 1877, ch. 105, 19 Stat. 348; Mar. 3, 1881, ch. 130, Sec. 1, 21 Stat. 388.) -COD- CODIFICATION Section, except the words 'and the ventilating and heating of the House of Representatives,' is based on act Mar. 3, 1881, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act'. The excepted words were based on act Mar. 3, 1877, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1878'. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -CROSS- CROSS REFERENCES Vacancies occurring in force operating Capitol power plant and substations to be filled by Architect of the Capitol with approval of commission in charge of House Office Building, see section 185 of this title. ------DocID 43972 Document 218 of 816------ -CITE- 40 USC Sec. 167a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 167a. Repealed. Pub. L. 90-417, July 23, 1968, 82 Stat. 407 -MISC1- Section, act July 9, 1952, ch. 598, title I, 66 Stat. 473, provided that after June 30, 1952, the Architect of the Capitol shall maintain service for House of Representatives after daily adjournment. EFFECTIVE DATE OF REPEAL Pub. L. 90-417 provided that after June 30, 1968, provisions of section 167a shall no longer be applicable. ------DocID 43973 Document 219 of 816------ -CITE- 40 USC Sec. 168 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 168. Heating and ventilating Senate wing -STATUTE- All engineers and others who are engaged in heating and ventilating the Senate wing of the Capitol shall be subject to the orders and in all respects under the direction of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration. -SOURCE- (July 11, 1888, ch. 615, 25 Stat. 258; Aug. 2, 1946, ch. 753, title I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.) -COD- CODIFICATION Section is based on act July 11, 1888, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act July 11, 1888, fiscal year 1889'. -MISC3- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. -CROSS- CROSS REFERENCES Vacancies occurring in force operating Capitol power plant and substations to be filled by Architect of the Capitol with approval of commission in charge of House Office Building, see section 185 of this title. ------DocID 43974 Document 220 of 816------ -CITE- 40 USC Sec. 168a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 168a. Repealed. Oct. 31, 1951, ch. 654, Sec. 3(16), 65 Stat. 708 -MISC1- Section, act June 6, 1900, ch. 791, 31 Stat. 612, provided that fuel be delivered to the two wings of the Capitol only during hours and under regulations as Architect of the Capitol prescribes. ------DocID 43975 Document 221 of 816------ -CITE- 40 USC Sec. 169 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 169. Furniture for House of Representatives -STATUTE- The Architect of the Capitol shall supervise and direct the care and repair of all furniture in the Hall, cloakrooms, lobby, committee rooms, and offices of the House, and all furniture required for the House of Representatives or for any of its committee rooms or offices shall be procured on designs and specifications made or approved by the said Architect. -SOURCE- (Apr. 28, 1902, ch. 594, 32 Stat. 125.) -COD- CODIFICATION Section is based on act Apr. 28, 1902, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act, fiscal year 1903'. -CHANGE- CHANGE OF NAME Change of name of the Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. ------DocID 43976 Document 222 of 816------ -CITE- 40 USC Sec. 170 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 170. Purchase of furniture or carpets for House or Senate -STATUTE- No furniture or carpets for either House shall be purchased without the written order of the chairman of the Committee on Rules and Administration, for the Senate, or without the written order of the chairman of the Committee on House Administration for the House. -SOURCE- (R.S. Sec. 1816; Aug. 2, 1946, ch. 753, title I, Sec. 102, 121, title II, Sec. 224, 60 Stat. 814, 822, 838.) -COD- CODIFICATION R.S. Sec. 1816 derived from Res. Apr. 16, 1862, No. 28, 12 Stat. 617; acts Mar. 30, 1867, ch. 24, Sec. 2, 15 Stat. 13; July 20, 1868, ch. 177, Sec. 1, 15 Stat. 115; Mar. 3, 1869, ch. 121, Sec. 1, 15 Stat. 283, 284; Mar. 3, 1871, ch. 114, Sec. 1, 16 Stat. 500; Aug. 15, 1876, ch. 287, 19 Stat. 147. -MISC3- AMENDMENTS 1946 - Act Aug. 2, 1946, Sec. 102, 224, substituted 'Committee on Rules and Administration' for 'Committee to Audit and Control the Contingent Expenses of the Senate'; and section 121 of that act and section 224 thereof, substituted 'Committee on House Administration' for 'Committee on Accounts of the House of Representatives'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that sections 102 and 121 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. ------DocID 43977 Document 223 of 816------ -CITE- 40 USC Sec. 170a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 170a. Transferred -COD- CODIFICATION Section, Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, which related to disposition of receipts from sale of used or surplus furniture and furnishings of Senate, was transferred to section 117b-1 of Title 2, The Congress. ------DocID 43978 Document 224 of 816------ -CITE- 40 USC Sec. 171 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 171. Transfer of discontinued apparatus to other branches -STATUTE- The Architect of the Capitol may transfer apparatus, appliances, equipments, and supplies of any kind, discontinued or permanently out of service, to other branches of the service of the United States, or District of Columbia, whenever, in his judgment the interests of the Government service may require it. -SOURCE- (June 26, 1912, ch. 182, Sec. 11, 37 Stat. 184; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, Sec. 1(120), 45 Stat. 995; Oct. 31, 1951, ch. 654, Sec. 3(17), 65 Stat. 708.) -COD- CODIFICATION Section is based on act June 26, 1912, popularly known as the 'District of Columbia Appropriation Act June 26, 1912, fiscal year 1913'. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, struck out 'with the approval of the Secretary of the Interior,' after 'whenever,'. 1928 - Act May 29, 1928, struck out provision that required a transfer statement to be submitted in the annual report to Congress by the Superintendent of the Capitol Building and Grounds. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- SIMILAR PROVISIONS Act Mar. 2, 1911, ch. 192, Sec. 9, 36 Stat. 1011. -CROSS- CROSS REFERENCES Federal Property and Administrative Services of 1949, exemption of Architect of Capitol from provisions of, see section 474 of this title. ------DocID 43979 Document 225 of 816------ -CITE- 40 USC Sec. 172 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 172. Repealed. Oct. 31, 1951, ch. 654, Sec. 3(18), 65 Stat. 709 -MISC1- Section, act July 16, 1914, ch. 141, 38 Stat. 458, related to custodianship of the building or buildings on reservation numbered 13 in the District of Columbia selected for the purpose of storing unused documents and materials removed from the Capitol Building and Senate and House Office Buildings, and Patent Office models removed from the Senate and House Office Buildings. ------DocID 43980 Document 226 of 816------ -CITE- 40 USC Sec. 173 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 173. Estimates for improvements in grounds -STATUTE- All changes and improvements in the Capitol grounds, including approaches to the Capitol, shall be estimated for in detail, showing what modifications are proposed and the estimate cost of the same. -SOURCE- (Mar. 3, 1883, ch. 143, 22 Stat. 621.) -COD- CODIFICATION Section is based on act Mar. 3, 1883, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1884'. -MISC3- SIMILAR PROVISIONS Enlargement of the Capitol grounds by the acquisition of certain squares in the city of Washington, provided by the following Sundry Civil Appropriation Acts for the fiscal years 1911, 1912, 1913, and 1914. June 23, 1913, ch. 3, 38 Stat. 44. Aug. 24, 1912, ch. 355, 37 Stat. 454. Mar. 4, 1911, ch. 285, 36 Stat. 1414. June 25, 1910, ch. 384, 36 Stat. 738. -CROSS- CROSS REFERENCES Change in architectural or landscape features of Capitol or grounds without approval of Congress, see section 162 of this title. ------DocID 43981 Document 227 of 816------ -CITE- 40 USC Sec. 174, 174a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174, 174a. Omitted -COD- CODIFICATION Section 174, acts Aug. 26, 1912, ch. 408, 37 Stat. 605; Mar. 3, 1921, ch. 124, 41 Stat. 1291; May 29, 1928, ch. 901, Sec. 1(85), 45 Stat. 992, which related to control, supervision, and care of buildings and grounds, was superseded by act Mar. 4, 1929, ch. 708, 45 Stat. 1694, and act July 31, 1946, ch. 707, Sec. 1, 60 Stat. 718. See sections 193a to 193m, 212a and 212b of this title. Section 174a, act May 17, 1938, ch. 236, 52 Stat. 391, related to control and supervision of the Senate Office Building. See section 174c of this title. Similar provisions were contained in the following prior appropriation acts: May 18, 1937, ch. 223, 50 Stat. 180. July 8, 1935, ch. 374, 49 Stat. 470. May 30, 1934, ch. 372, 48 Stat. 827. Feb. 28, 1933, ch. 134, 47 Stat. 1361. June 30, 1932, ch. 314, 47 Stat. 392. Feb. 20, 1931, ch. 234, 46 Stat. 1184. June 6, 1930, ch. 407, 46 Stat. 514. ------DocID 43982 Document 228 of 816------ -CITE- 40 USC Sec. 174b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174b. Senate Office Building; approval of structural changes by Architect of Capitol -STATUTE- Structural changes in the Senate Office Building shall only be made with the approval of the Architect of the Capitol. -SOURCE- (July 1, 1941, ch. 268, 55 Stat. 458.) -COD- CODIFICATION The following language preceded the text of this section in act July 1, 1941: 'The care and operation of the Senate Office Building under the direction and supervision of the Senate Committee on Rules.' Section is based on act July 1, 1941, popularly known as the 'Legislative Branch Appropriation Act, 1942'. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior acts: June 18, 1940, ch. 396, 54 Stat. 473. June 16, 1939, ch. 208, 53 Stat. 832. IMPROVEMENT OF ACCOMMODATIONS; APPROPRIATION Pub. L. 85-95, July 10, 1957, 71 Stat. 289, provided: 'That the Architect of the Capitol, under the direction of the Senate Office Building Commission, created by the Sundry Civil Appropriation Act of April 28, 1904 (33 Stat. 481), as amended, is authorized and directed to enlarge and remodel Senators' suites and to make structural, mechanical, and other changes and improvements in the existing Senate Office Building, to provide improved accommodations for the United States Senate, in accordance with plans to be prepared by or under direction of the Architect of the Capitol and to be submitted to and approved by the Senate Office Building Commission. 'Sec. 2. There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, and the Architect of the Capitol, under the direction of the Senate Office Building Commission, is authorized to enter into contracts and to make such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of this Act.' -CROSS- CROSS REFERENCES Senate Office Building, control, care, and supervision, see section 174c of this title. ------DocID 43983 Document 229 of 816------ -CITE- 40 USC Sec. 174b-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174b-1. Additional Senate office building -STATUTE- Upon completion of the additional office building for the United States Senate, the building and the grounds and sidewalks surrounding the same shall be subject to the provisions of sections 174(c), 174(d), 174c, 174d, 193a to 193m, 212a, 212a-2, and 212b of this title, in the same manner and to the same extent as the present Senate Office Building and the grounds and sidewalks surrounding the same. -SOURCE- (June 25, 1948, ch. 658, title I, 62 Stat. 1029.) -REFTEXT- REFERENCES IN TEXT Sections 174(c) and 174(d) of this title, referred to in text, have been omitted from the Code. -MISC2- AUTHORIZATION OF ARCHITECT OF CAPITOL TO LEASE CITY POST OFFICE BUILDING FOR USE BY SENATE AND FOR OTHER PURPOSES Pub. L. 101-520, title I, Sec. 107, Nov. 5, 1990, 104 Stat. 2267, provided that: '(a) Notwithstanding any other provision of law, the Architect of the Capitol, subject to the approval of the Committee on Rules and Administration, is authorized to lease, for use by the United States Senate, and for such other purposes as such committee may approve, 150,000 square feet of space, more or less, in the property located at 2 Massachusetts Avenue, N.E., Washington, District of Columbia, known as the City Post Office Building: Provided, That rental payments shall be paid from the account 'Architect of the Capitol, Senate Office Buildings' upon vouchers approved by the Architect of the Capitol: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. '(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the 'Senate Office Buildings' subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. '(c) There is hereby authorized to be appropriated to the 'Architect of the Capitol, Senate Office Buildings' such sums as may be necessary to carry out the provisions of subsections (a) and (b). '(d) There is authorized to be appropriated to the Sergeant at Arms of the United States Senate such sums as may be necessary to provide for the planning and relocation of offices and equipment to the property described in subsection (a), subject to direction by the Committee on Rules and Administration. '(e) The authority under this section shall continue until otherwise provided by law.' NORTH CAPITOL PLAZA BUILDING; CONTINUATION OF AUTHORITY FOR LEASE AND SUBLEASE OF PROPERTY; LEASED PROPERTY AS PART OF SENATE OFFICE BUILDINGS; RENT LIMITATIONS; NECESSITY OF SENATE RESOLUTION; TERM OF LEASE; PURCHASE OPTION Pub. L. 94-157, title I, Sec. 112, Dec. 18, 1975, 89 Stat. 832, provided that: '(a) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration, and the Committee on Appropriations, is authorized to lease, for use by the United States Senate, and for such other purposes as such committees may approve, all or any part of the property located at 400 North Capitol Street, Washington, District of Columbia, known as the 'North Capitol Plaza Building': Provided, That rental payments under such lease for the entire property shall not exceed $3,375,000 per annum, exclusive of amounts for reimbursement for taxes paid and utilities furnished by the lessor: Provided further, That a lease shall not become effective until approved by Senate Resolution. Prior to such approval process the General Accounting Office shall examine the terms of the proposed lease and shall report to the Senate on its reasonableness, taking into account such factors as rental rates for similar space, advantages of proximity, and possible alternative arrangements. Such payments shall be paid from the Contingent Fund of the Senate upon vouchers approved by the Sergeant at Arms: Provided further, That such lease may be for a term not in excess of five years, and shall contain an option to purchase such property, and shall include such other terms and conditions as such committees may determine to be in the best interests of the Government: Provided further, That nothing in this section shall be construed so as to obligate the Senate or any of its Members, officers, or employees to enter into any such lease or to imply any obligation to enter into any such lease. '(b) Notwithstanding any other provision of law, property leased under authority of subsection (a) shall be maintained by the Architect of the Capitol as part of the 'Senate Office Buildings' subject to the laws, rules, and regulations governing such buildings, and the Architect is authorized to incur such expenses as may be necessary to provide for such occupancy. '(c) Notwithstanding any other provision of law, the Sergeant at Arms of the Senate, subject to the approval of the Committee on Rules and Administration and the Committee on Appropriations, is authorized to sublease any part of the property leased under authority of subsection (a) which is in excess of the requirements of the Senate. All rental payments under any such sublease shall be paid to the Sergeant at Arms of the Senate and such amounts shall thereupon be added to and merged with the appropriation 'Miscellaneous Items' under the Contingent Fund of the Senate. '(d) Notwithstanding any other provision of law, upon the approval of the Committee on Rules and Administration and the Committee on Appropriations, the Secretary of the Senate shall transfer by voucher or vouchers to the Architect of the Capitol from the 'Contingent Fund of the Senate' such amounts as may be necessary for the Architect of the Capitol to carry out the provisions of subsection (b) and such amounts shall thereupon be added to and merged with the appropriation 'Senate Office Buildings'. '(e) The authority under this section shall continue until otherwise provided by law.' CONSTRUCTION OF EXTENSION TO NEW SENATE OFFICE BUILDING Pub. L. 96-69, title V, Sec. 502, Sept. 25, 1979, 93 Stat. 450, appropriated additional funds of $52,583,400 toward finishing construction of an extension to the New Senate Office Building, to remain available until expended, set the figure $137,730,400 as the ceiling on the total cost for construction of the building, and further provided that the building and office space therein upon completion meet all needs for personnel presently supplied by the Carrol Arms, the Senate Courts, the Plaza Hotel, and the Capitol Hill Apartments and that those buildings be vacated. Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, appropriated funds for the construction of an extension of the Senate subway transportation system, construction of additional floor levels on the rear center wing of the Dirksen Office Building, changes to the Dirksen and Russell Office Buildings to provide improved means of circulation to, in, and through those buildings and the extension, and other changes required to properly correlate use of the three buildings. Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1510, appropriated funds for the construction and equipment of an extension to the New Senate Office Building and for structural and other changes in the existing New Senate Office Building necessitated by such construction. DEVELOPMENT OF PLANS FOR GARAGE AND RELATED FACILITIES FOR SENATE Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1512, authorized the Architect of the Capitol to conduct a study of design and cost alternatives for construction of a parking garage and to establish an architectural design competition for design of the garage structure. ACQUISITION OF PROPERTY AS SITE FOR PARKING FACILITIES FOR SENATE Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1510, as amended by Pub. L. 93-305, title I, ch. VIII, Sec. 801, June 8, 1974, 88 Stat. 206, authorized the Architect of the Capitol to acquire certain real property as a site for parking facilities for the Senate, with such property to become a part of the United States Capitol Grounds upon acquisition. ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE OFFICE BUILDING SITE Pub. L. 85-429, May 29, 1958, 72 Stat. 148; Pub. L. 85-591, Aug. 6, 1958, 72 Stat. 495; Pub. L. 91-145, Dec. 12, 1969, 83 Stat. 352; Pub. L. 91-382, Aug. 18, 1970, 84 Stat. 819; Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 637, authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds. ADDITIONAL SENATE OFFICE BUILDING Act Aug. 1, 1953, ch. 304, title I, 67 Stat. 328, authorized certain appropriations made available for expenditure for the preparation of additional preliminary plans and cost estimates for an additional Senate Office Building, such expenditure to be made by the Architect of the Capitol under the supervision of the Senate Office Building Commission, whose membership was increased by act Aug. 1, 1953 from five to seven members. Act July 11, 1947, ch. 220, 61 Stat. 307, increased the membership of the Senate Office Building Commission from three to five members and provided that the Architect of the Capitol, under the supervision of the Commission, was to prepare preliminary plans and cost estimates for an additional Senate Office Building and authorized certain appropriations therefore. FURNITURE AND FURNISHINGS Pub. L. 85-93, July 10, 1957, 71 Stat. 284, authorized and directed the Architect of the Capitol to provide furniture and furnishings for the additional Senate Office Building, authorized appropriations necessary therefore, and also authorized the Architect of the Capitol to enter into contracts and make such expenditures as are necessary to furnish the building. ------DocID 43984 Document 230 of 816------ -CITE- 40 USC Sec. 174c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174c. Control, care, and supervision of Senate Office Building -STATUTE- On and after June 8, 1942 the Senate Office Building, and the employment of all services (other than for officers and privates of the Capitol Police) necessary for its protection, care, and occupancy, together with all other items that may be appropriated for by the Congress for such purposes, shall be under the control and supervision of the Architect of the Capitol, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy; and the Architect of the Capitol shall submit annually to the Congress estimates in detail for all services (other than for officers and privates of the Capitol Police) and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy. -SOURCE- (June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. -CROSS- CROSS REFERENCES Additional Senate Office Building, see section 174b-1 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 174b-1 of this title. ------DocID 43985 Document 231 of 816------ -CITE- 40 USC Sec. 174d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174d. Assignment of space in Senate Office Building -STATUTE- On and after June 8, 1942 the assignment of rooms and other space in the Senate Office Building shall be under the direction and control of the Senate Committee on Rules and Administration and shall not be a part of the duties of the Architect of the Capitol. -SOURCE- (June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, Sec. 102, title II, Sec. 224, 60 Stat. 814, 838.) -MISC1- AMENDMENTS 1946 - Act Aug. 2, 1946, substituted 'Committee on Rules and Administration' for 'Committee on Rules'. EFFECTIVE DATE OF 1946 AMENDMENT Section 142 of act Aug. 2, 1946, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of that act provided that section 224 thereof shall 'take effect on the day on which the Eightieth Congress convenes'. The Eightieth Congress convened on Jan. 3, 1947. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 174b-1 of this title. ------DocID 43986 Document 232 of 816------ -CITE- 40 USC Sec. 174d-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174d-1. Assignment of space for meetings of joint committees, conference committees, etc. -STATUTE- The President pro tempore of the Senate and the Speaker of the House of Representatives shall cause a survey to be made of available space within the Capitol which could be utilized for joint committee meetings, meetings of conference committees, and other meetings, requiring the attendance of both Senators and Members of the House of Representatives; and shall recommend the reassignment of such space to accommodate such meetings. -SOURCE- (Aug. 2, 1946, ch. 753, title II, Sec. 242, 60 Stat. 839.) -MISC1- EFFECTIVE DATE Section effective Aug. 2, 1946, see section 245 of act Aug. 2, 1946, set out as a note under section 72a of Title 2, The Congress. ------DocID 43987 Document 233 of 816------ -CITE- 40 USC Sec. 174e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174e. Certification of vouchers by Architect of Capitol -STATUTE- It shall not be a duty of the Architect of the Capitol to certify any pay roll or other voucher covering any expenditure from any appropriation for the Senate Office Building, or for any other building or activity, unless the obligation involved was incurred by him or under his direction. -SOURCE- (June 8, 1942, ch. 396, 56 Stat. 343.) ------DocID 43988 Document 234 of 816------ -CITE- 40 USC Sec. 174f to 174j -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174f to 174j. Omitted -COD- CODIFICATION Sections 174f to 174j were omitted on authority of the Senate Committee on Rules and Administration resolution adopted July 16, 1947, set out as a note below: Section 174f, act Sept. 9, 1942, ch. 558, Sec. 1, 56 Stat. 750, related to management of the Senate Restaurants. Section 174g, act Sept. 9, 1942, ch. 558, Sec. 3, 56 Stat. 751, related to authority of Architect of the Capitol. Section 174h, act Sept. 9, 1942, ch. 558, Sec. 4, 56 Stat. 751, related to special deposit account of Architect of the Capitol. Section 174i, act Sept. 9, 1942, ch. 558, Sec. 5, 56 Stat. 751, related to persons authorized to make deposits in special deposit account. Section 174j, act Sept. 9, 1942, ch. 558, Sec. 6, 56 Stat. 751, related to persons required to furnish surety bonds under the terms of the special deposit account. -MISC3- SENATE COMMITTEE ON RULES AND ADMINISTRATION RESOLUTION ADOPTED JULY 16, 1947 'Whereas the management of the Senate Restaurants and all matters connected therewith was transferred, under the provisions of Public Law 709, Seventy-seventh Congress (these sections), from the jurisdiction of the Senate Committee on Rules to the jurisdiction of the Architect of the Capitol, subject to the approval of such committee as to matters of general policy; and 'Whereas Public Law 709 further provided that management of such restaurant should revert to the jurisdiction of the Committee on Rules upon adoption by the committee of a resolution ordering such reversion; and 'Whereas the functions, powers, and duties of the Committee on Rules under Public Law 709 has devolved upon the Committee on Rules and Administration pursuant to the provisions of subsection (o)(1)(f) of Rule XXV of the Standing Rules of the Senate and of section 224 of the Legislative Reorganization Act of 1946, as amended (amending sections 168, 170, 174c, and 174d of this title); and 'Whereas it is the conclusion of the committee that the management of such Restaurants should revert to the jurisdiction of the Committee: Therefore be it 'Resolved by the Committee on Rules and Administration of the Senate, That, pursuant to the authority contained in the first section of Public Law 709, Seventy-seventh Congress (section 174f of this title), the transfer of the management of the Senate Restaurants and all matters connected therewith from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Committee on Rules and Administration is hereby ordered, effective August 1, 1947. 'Resolved further, That the Architect of the Capitol is hereby requested, pursuant to such order, to transfer on August 1, 1947, to this Committee or to such person or corporation as may be authorized by this Committee to operate the Senate Restaurants all books, records, accounts, supplies, equipment, and other assets of the Senate Restaurants. 'Resolved further, That in the interests of effecting an orderly transfer the Comptroller General is requested to audit the accounts of the Senate Restaurants as of the close of business on July 31, 1947.' See, also, Second Supplemental Appropriation Act, 1948 (act July 31, 1947, ch. 414, Sec. 1, 61 Stat. 696) (amending section 60a of Title 2, The Congress), second paragraph under heading 'Senate'. ------DocID 43989 Document 235 of 816------ -CITE- 40 USC Sec. 174j-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-1. Senate Restaurants; management by Architect of Capitol; approval of matters of general policy; termination -STATUTE- Effective August 1, 1961, the management of the Senate Restaurants and all matters connected therewith, heretofore under the direction of the Senate Committee on Rules and Administration, shall be under the direction of the Architect of the Capitol under such rules and regulations as the Architect may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurants by such business methods as may produce the best results consistent with economical and modern management, subject to the approval of the Senate Committee on Rules and Administration as to matters of general policy: Provided, That the management of the Senate Restaurants by the Architect of the Capitol shall cease and the restaurants revert from the jurisdiction of the Architect of the Capitol to the jurisdiction of the Senate Committee on Rules and Administration upon adoption by that committee of a resolution ordering such transfer of jurisdiction at any time hereafter. -SOURCE- (Pub. L. 87-82, Sec. 1, July 6, 1961, 75 Stat. 199.) -MISC1- DISTRIBUTION OF UNUSED SENATE CAFETERIAS FOOD BY PRIVATE DISTRIBUTION ORGANIZATION Pub. L. 100-458, title I, Sec. 5, Oct. 1, 1988, 102 Stat. 2161, provided that: 'The Committee on Rules and Administration of the Senate may provide for the distribution of unused food from the Senate cafeterias under the jurisdiction of the committee to the needy of the District of Columbia through an appropriate private distribution organization selected by the committee.' Similar provisions were contained in the following prior appropriation act: Pub. L. 100-202, Sec. 144, Dec. 22, 1987, 101 Stat. 1329-443. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43990 Document 236 of 816------ -CITE- 40 USC Sec. 174j-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-2. Omitted -COD- CODIFICATION Section, Pub. L. 87-82, Sec. 2, July 6, 1961, 75 Stat. 199, related to transfer of accounts, records, supplies, equipment and assets of Senate Restaurants after close of business July 31, 1961 from the Senate Committee on Rules and Administration to Architect of the Capitol. ------DocID 43991 Document 237 of 816------ -CITE- 40 USC Sec. 174j-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-3. Authorization and direction to effectuate purposes of sections 174j-1 to 174j-7 of this title -STATUTE- The Architect of the Capitol is authorized and directed to carry into effect for the United States Senate the provisions of sections 174j-1 to 174j-7 of this title and to exercise the authorities contained herein, and any resolution of the Senate amendatory hereof or supplementary hereto hereafter adopted. Such authority and direction shall continue until the United States Senate shall by resolution otherwise order, or until the Senate Committee on Rules and Administration shall by resolution order the restaurants to be returned to the committee's jurisdiction. -SOURCE- (Pub. L. 87-82, Sec. 3, July 6, 1961, 75 Stat. 199.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means Pub. L. 87-82, July 6, 1961, 75 Stat. 199, as amended, which enacted sections 174j-1 to 174j-7 of this title. For complete classification of this Act to the Code, see Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-4, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43992 Document 238 of 816------ -CITE- 40 USC Sec. 174j-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-4. Special deposit account; establishment; appropriations; approval of payments -STATUTE- There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the United States Senate Restaurants, into which shall be deposited all sums received pursuant to sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions hereafter adopted and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under sections 174j-1 to 174j-7 of this title or any amendatory or supplementary resolutions and the operations thereunder. Any amounts appropriated for fiscal year 1973 and thereafter from the Treasury of the United States, which shall be part of a 'Contingent Expenses of the Senate' item for the particular fiscal year involved, shall be paid to the Architect of the Capitol by the Secretary of the Senate at such times and in such sums as the Senate Committee on Rules and Administration may approve. Any such payment shall be deposited by the Architect in full under such special deposit account. -SOURCE- (Pub. L. 87-82, Sec. 4, July 6, 1961, 75 Stat. 199; Pub. L. 92-51, July 9, 1971, 85 Stat. 129; Pub. L. 92-342, Sec. 101, July 10, 1972, 86 Stat. 435.) -MISC1- AMENDMENTS 1972 - Pub. L. 92-342 substituted provision that amounts appropriated for 1973 and thereafter which shall be part of 'Contingent Expenses of the Senate' be paid to the Architect of the Capitol, for provision that amounts appropriated for 1972 and thereafter specifically for Senate Restaurants as 'Contingent Expenses of the Senate' be paid to Architect of the Capitol. 1971 - Pub. L. 92-51 substituted 'amounts appropriated for fiscal year 1972 and thereafter' for Senate Restaurants for 'amounts hereafter appropriated' for such Restaurants, provision that amounts appropriated specifically for such Restaurants as a Contingent Expense of the Senate item for fiscal year involved shall be paid to Architect of the Capitol, for prior provision declaring amounts appropriated for such Restaurants shall be a part of such Restaurants as a Contingent Expense of Senate for fiscal year involved and for payment of such part to Architect of the Capitol, and provision for approval of payments by Senate Committee on Rules and Administration, including times for payments, for prior provision for payments as appropriations shall specify. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43993 Document 239 of 816------ -CITE- 40 USC Sec. 174j-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-5. Deposits and disbursements under special deposit account -STATUTE- Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the General Accounting Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the Government. -SOURCE- (Pub. L. 87-82, Sec. 5, July 6, 1961, 75 Stat. 200.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-6, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43994 Document 240 of 816------ -CITE- 40 USC Sec. 174j-6 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-6. Bond of Architect, Assistant Architect, and other employees -STATUTE- The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under section 174j-5 of this title shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account. -SOURCE- (Pub. L. 87-82, Sec. 6, July 6, 1961, 75 Stat. 200.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-7, 174j-9 of this title; title 5 section 5533. ------DocID 43995 Document 241 of 816------ -CITE- 40 USC Sec. 174j-7 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-7. Supersedure of prior provisions for maintenance and operation of Senate Restaurants -STATUTE- Sections 174j-1 to 174j-7 of this title shall supersede any other Acts or resolutions heretofore approved for the maintenance and operation of the Senate Restaurants: Provided, however, That any Acts or resolutions now in effect shall again become effective, should the restaurants at any future time revert to the jurisdiction of the Senate Committee on Rules and Administration. -SOURCE- (Pub. L. 87-82, Sec. 7, July 6, 1961, 75 Stat. 200.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 166b-1f, 174j-3, 174j-4, 174j-9 of this title; title 5 section 5533. ------DocID 43996 Document 242 of 816------ -CITE- 40 USC Sec. 174j-8 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-8. Management personnel and miscellaneous expenses; availability of appropriations; annual and sick leave -STATUTE- On and after July 9, 1971, appropriations for the 'Senate Office Buildings' shall be available for employment of management personnel of the Senate restaurant facilities and miscellaneous restaurant expenses (except cost of food and cigar stand sales) and, in fixing the compensation of such personnel, the compensation of four positions hereafter to be designated as Director of Food Service, Assistant Director of Food Service, Manager (special functions), and Administrative Officer shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapter III and IV of chapter 53 of title 5, and shall thereafter be adjusted in accordance with section 5306 of title 5. Annual and sick leave balances of such personnel, as of July 9, 1971, shall be credited to the leave accounts of such personnel, subject to the provisions of section 6304 of title 5, upon their transfer to the appropriation for Senate Office Buildings and such personnel shall continue, while employed by the Architect of the Capitol, to earn leave at rates not less than their present accrual rates. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 138; Pub. L. 94-59, title V, July 25, 1975, 89 Stat. 289; Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 101(b)(5)), Nov. 5, 1990, 104 Stat. 1427, 1440.) -MISC1- AMENDMENTS 1990 - Pub. L. 101-509 substituted '5306' for '5307'. 1975 - Pub. L. 94-59 inserted references to compensation of Director of Food Service, Assistant Director of Food Service, Manager (special functions), and Administrative Officer. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set out as a note under section 5301 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 174j-9 of this title. ------DocID 43997 Document 243 of 816------ -CITE- 40 USC Sec. 174j-9 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174j-9. Loans for Senate Restaurants -STATUTE- (a) Borrowing authority Subject to the approval of the Senate Committee on Rules and Administration, the Architect of the Capitol shall have authority to borrow (and be accountable for), from time to time, from the appropriation account, within the contingent fund of the Senate, for 'Miscellaneous Items', such amount as he may determine necessary to carry out the provisions of the joint resolution entitled 'Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes', approved July 6, 1961, as amended (40 U.S.C. 174j-1 through 174j-8), (FOOTNOTE 1) and resolutions of the Senate amendatory thereof or supplementary thereto. (FOOTNOTE 1) See References in Text note below. (b) Amount and period of loan; voucher Any such loan authorized pursuant to subsection (a) of this section shall be for such amount and for such period as the Senate Committee on Rules and Administration shall prescribe, and shall be made by the Secretary of the Senate to the Architect of the Capitol upon a voucher approved by the Chairman of the Senate Committee on Rules and Administration. (c) Deposit, credit, and future availability of proceeds from repayment All proceeds from the repayment of any such loan shall be deposited in the appropriation account, within the contingent fund of the Senate, for 'Miscellaneous Items', shall be credited to the fiscal year during which such loan was made, and shall thereafter be available for the same purposes for which the amount loaned was initially appropriated. -SOURCE- (Pub. L. 98-396, title I, Aug. 22, 1984, 98 Stat. 1395.) -REFTEXT- REFERENCES IN TEXT 'Joint Resolution transferring the management of the Senate Restaurants to the Architect of the Capitol, and for other purposes', approved July 6, 1961, referred to in subsec. (a), is Pub. L. 87-82, July 6, 1961, 75 Stat. 199, which enacted sections 174j-1 to 174j-7 of this title. Section 174j-2 of this title was omitted from the Code. For complete classification of this Act to the Code, see Tables. ------DocID 43998 Document 244 of 816------ -CITE- 40 USC Sec. 174k -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 174k. House of Representatives restaurant, cafeteria, and food services -STATUTE- (a) Management and duties Notwithstanding any other authority with respect to the jurisdiction and control over the management of the House Restaurant and the cafeteria and other food service facilities of the House of Representatives, the jurisdiction over such restaurant and facilities and authority over the direction and supervision of the immediate management and operation thereof shall be vested in the Committee on House Administration; and the immediate management and operation of such restaurant and facilities may be vested in such official or other authority, acting as the agent of the committee, as the committee may designate; and the official or authority so designated shall perform the duties vested in the Architect of the Capitol by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941 (54 Stat. 1056; Public, No. 812, Seventy-sixth Congress). (b) Transfer of accounts, records, supplies, equipment, and assets The Architect of the Capitol is hereby authorized and directed to transfer, as the Committee on House Administration directs, all accounts, records, supplies, equipment, and assets of the House Restaurant and the cafeteria and other food service facilities of the House which are in the possession or under the control of the Architect of the Capitol in order that all such items may be available for the maintenance and operation of the House Restaurant under the authority of, and as directed by, the Committee on House Administration. (c) Special deposit account All authority, responsibility, and functions vested in or imposed upon the Architect of the Capitol in connection with the special deposit account established by section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, shall be vested in or imposed upon such other official, authority, or authorities as the Committee on House Administration may designate. (d) Effective date The provisions of this section shall become effective on the first day of the first calendar month beginning after the date of adoption of this resolution, until otherwise provided by law. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 133.) -REFTEXT- REFERENCES IN TEXT Section 208 of the First Supplemental Civil Functions Appropriation Act, 1941, referred to in subsecs. (a) and (c), is section 208 of act Oct. 9, 1940, ch. 780, title II, 54 Stat. 1056, which was formerly classified to this section and is now set out below in a Prior Provisions note. The first day of the first calendar month beginning after the date of adoption of this resolution, referred to in subsec. (d), is April 1, 1971. -COD- CODIFICATION Section is based on section 2 of House Resolution No. 317, Ninety-second Congress, Mar. 25, 1971, which was enacted into permanent law by Pub. L. 92-51. -MISC3- PRIOR PROVISIONS A prior section 174k, act Oct. 9, 1940, ch. 780, title II, Sec. 208, 54 Stat. 1056, which was classified to this section prior to its supersedure by Pub. L. 92-51, Sec. 101, July 9, 1971, 85 Stat. 133. Section 208 of act Oct. 9, 1940, read as follows: '(a) The Architect of the Capitol is authorized and directed to carry into effect for the House of Representatives, and to exercise the authorities contained in, the Resolution of the House of Representatives numbered 590, adopted September 5, 1940, and any other resolution of such House amendatory thereof or supplementary thereto hereafter adopted. Such authority and direction shall continue until the House of Representatives shall by resolution otherwise order. '(b) There is established with the Treasurer of the United States a special deposit account in the name of the Architect of the Capitol for the House of Representatives Restaurant, into which shall be deposited all sums received pursuant to such resolution or resolutions and from the operations thereunder and from which shall be disbursed the sums necessary in connection with the exercise of the duties required under such resolution or resolutions and the operations thereunder. Any appropriation hereafter made from the Treasury of the United States for such restaurant shall be a part of the appropriation 'Contingent Expenses, House of Representatives, Miscellaneous Items', for the particular fiscal year involved and each such part shall be paid to the Architect of the Capitol by the Clerk of the House of Representatives in such sum as such appropriation or appropriations shall hereafter specify and shall be deposited by such Architect in full in such special deposit account. '(c) Deposits and disbursements under such special deposit account (1) shall be made by the Architect, or, when directed by him, by such employees of the Architect as he may designate, and (2) shall be subject to audit by the General Accounting Office at such times and in such manner as the Comptroller General may direct: Provided, That payments made by or under the direction of the Architect of the Capitol from such special deposit account shall be conclusive upon all officers of the government. '(d) The Architect, Assistant Architect, and any employees of the Architect designated by the Architect under subsection (c) of this section shall each give bond in the sum of $5,000 with such surety as the Secretary of the Treasury may approve for the handling of the financial transactions under such special deposit account.' The Resolution of the House of Representatives numbered 590, adopted September 5, 1940, referred to in subsec. (a) of section 208 set out above, read as follows: 'That effective October 1, 1940, until otherwise ordered by the House, the management of the House Restaurant and all matters connected therewith shall be under the direction of the Architect of the United States Capitol under such rules and regulations as he may prescribe for the operation and the employment of necessary assistance for the conduct of said restaurant by such business methods as may produce the best results consistent with economical and modern management. 'Sec. 2. The Committee on Account after the close of business September 30, 1940, is hereby authorized and directed to transfer to the jurisdiction of the Architect of the United States Capitol all accounts, records, supplies, equipment, and assets of the House Restaurant that may be in the possession or under the control of the said committee in order that all such items may be available to the Architect of the United States Capitol toward maintenance and operation of the House of Representatives Restaurant.' House Resolution 186, agreed to April 24, 1941, authorized the establishment of a branch of the House Restaurant in the New House Office Building. TRANSFER OF FOOD SERVICE OPERATIONS; ELECTION BY CERTAIN AFFECTED EMPLOYEES; DISABILITY AND RETIREMENT BENEFITS; PROMULGATION OF REGULATIONS Pub. L. 99-500, Sec. 111, Oct. 18, 1986, 100 Stat. 1783-348, and Pub. L. 99-591, Sec. 111, Oct. 30, 1986, 100 Stat. 3341-348, provided that: '(a) Any individual who - '(1) on the day before the date on which food services operations for the House of Representatives are transferred by contract to a corporation or other person - '(A) is a congressional employee (as defined in section 2107 of title 5, United States Code), other than an employee of the Architect of the Capitol, engaged in providing such food services under the administrative control of the Architect of the Capitol; and '(B) is subject to subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title; '(2) as a result of such contract, ceases to be an employee described in paragraph (1); and '(3) becomes employed to provide such food services under contract, including a successor contract; may, for purposes of the provisions of law specified in subsection (b), elect to be treated, for so long as such individual continues to be employed (without a break in service) as described in paragraph (3), as if such individual had not ceased to be an employee described in paragraph (1). Such election shall be made on or before the day referred to in paragraph (1) and shall be available only to an individual whose transition from the employment described in paragraph (1) to the employment described in paragraph (3) takes place without a break in service. '(b) The provisions of law referred to in subsection (a) are - '(1) subchapter III of chapter 83 of title 5, United States Code (including section 8339(m) of such title (which shall be applied, when an employee retires on an immediate annuity or dies, as if the employment at the time of retirement or death were under a formal leave system), with respect to unused sick leave to the credit of an employee on the day referred to in subsection (a)(1)); '(2) chapter 84 of title 5, United States Code; and '(3) title III of the Federal Employees' Retirement System Act of 1986 (sections 301 to 312 of Pub. L. 99-335, see Tables for classification). '(c)(1) At the earliest practicable opportunity, the Director of the Office of Personnel Management shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Office, including regulations under which - '(A) an individual who makes an election under subsection (a) shall pay into the Civil Service Retirement and Disability Fund any employee contributions which would be required if such individual were a Congressional employee; and '(B) the employer furnishing food services under a contract referred to in subsection (a) shall pay into the Civil Service Retirement and Disability Fund amounts equal to any agency contributions which would be required if the individual were a Congressional employee. '(2) At the earliest practicable opportunity, the Executive Director of the Federal Retirement Thrift Investment Board shall, in consultation with the Architect of the Capitol, prescribe regulations to carry out this section with respect to matters within the jurisdiction of the Board.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 166b-1f of this title; title 5 section 5533. ------DocID 43999 Document 245 of 816------ -CITE- 40 USC Sec. 175 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 175. House Office Building; control, supervision, and care -STATUTE- The House of Representatives Office Building, which shall hereafter be designated as the House Office Building and the employment of all service, other than officers and privates of the Capitol police, that may be appropriated for by Congress, necessary for its protection, care, and occupancy, shall be under the control and supervision of the Architect of the Capitol, subject to the approval and direction of a commission consisting of the Speaker of the House of Representatives and two Representatives in Congress, to be appointed by the Speaker. Vacancies occurring by resignation, termination of service as Representatives in Congress, or otherwise in the membership of said commission shall be filled by the Speaker, and any two members of said commission shall constitute a quorum to do business. The Architect of the Capitol shall submit annually to Congress estimates in detail for all services, other than officers and privates of the Capitol police, and for all other expenses in connection with said office building and necessary for its protection, care, and occupancy; and said commission herein referred to shall from time to time prescribe rules and regulations to govern said architect in making all such employments, together with rules and regulations governing the use and occupancy of all rooms and space in said building. -SOURCE- (Mar. 4, 1907, ch. 2918, 34 Stat. 1365; May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -COD- CODIFICATION Section is based on act Mar. 4, 1907, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1908' appropriating for the maintenance of such Building. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- ACQUISITION OF SITE Act Mar. 3, 1903, ch. 1007, 32 Stat. 1113, authorized acquisition of a site for and the construction of the House Office Building, and appointment of a Commission to supervise its construction. Joint Resolution May 28, 1908, provided that it should be designated the House Office Building. DESIGNATION OF HOUSE OFFICE BUILDINGS House Resolution No. 402, One Hundred First Congress, Sept. 10, 1990, provided that: 'SECTION 1. DESIGNATIONS. '(a) Thomas P. O'Neill, Jr. House of Representatives Office Building. - The House of Representatives office building located at C Street and New Jersey Avenue, Southeast, in the District of Columbia, and known as House of Representatives Office Building Annex No. 1, shall be known and designated as the 'Thomas P. O'Neill, Jr. House of Representatives Office Building'. '(b) Gerald R. Ford House of Representatives Office Building. - The House of Representatives office building located at 3d and D Streets, Southwest, in the District of Columbia, and known as House of Representatives Office Building Annex No. 2, shall be known and designated as the 'Gerald R. Ford House of Representatives Office Building'. 'SEC. 2. REFERENCES. 'Any reference in a law, map, regulation, document, paper, or other record of the United States to a building referred to in section 1 shall be deemed to be a reference to the building as designated in that section. 'SEC. 3. STATUES. 'The Speaker of the House of Representatives may purchase or accept as a gift to the House of Representatives, for permanent display in the appropriate building designated in section 1, a suitable statue or bust of the individual for whom the building is named. Such purchase or acceptance shall be carried out - '(1) in the case of the building referred to in section 1(a), in consultation with the majority leader of the House of Representatives; and '(2) in the case of the building referred to in section 1(b), in consultation with the minority leader of the House of Representatives.' ADDITIONAL HOUSE OFFICE BUILDING Pub. L. 98-367, title I, July 17, 1984, 98 Stat. 483, provided in part: 'That notwithstanding any other provision of law, the House Office Building Commission is authorized to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located at 501 First Street, S.E., on a portion of Reservation 17 in the District of Columbia when such building is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955, and to incur any expenditures under this appropriation required for alterations, maintenance, and occupancy thereof: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.' Pub. L. 94-6, ch. I, Feb. 28, 1975, 89 Stat. 12, provided in part that: 'Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purposes of providing office and other accommodations for the House of Representatives, the building located on Square 581 in the District of Columbia when such Square, including the improvements thereon, is acquired by the Architect of the Capitol at the direction of the House Office Building Commission under authority of the Additional House Office Building Act of 1955 (act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, see note below) and to incur any expenditures under this appropriation ($15,000,000 for fiscal year ending June 30, 1975, to remain available until expended) required for alterations, maintenance, and occupancy thereof, and (2) prior to occupancy of the entire building by the House of Representatives, to permit the temporary occupancy by other governmental activities of any part of such building not so occupied, under such terms and conditions as such Commission may authorize: Provided further, That any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.' Act Apr. 22, 1955, ch. 26, Ch. XIIA, 69 Stat. 41, authorized the construction of an additional fireproof office building for use of the House of Representatives, on a site approved by the House Office Building Commission, in accordance with plans prepared by the Architect of the Capitol and approved by the Commission, authorized the Architect of the Capitol to acquire certain real property in the District of Columbia, subject to the approval of the Commission, for construction of the office building or for additions to the United States Capitol Grounds, designated the necessary procedure for condemnation proceedings conducted pursuant to such real property acquisition, authorized the demolition of certain buildings by the Architect, and appropriated $5,000,000 and authorized such additional appropriations as the Commission deemed necessary for the construction project. Act July 11, 1947, ch. 227, 61 Stat. 312, authorized the Architect of the Capitol, subject to the direction of the House Office Building Commission, to prepare preliminary plans and cost estimates for construction of extensions to the House Office Buildings, the remodeling of the Old House Office Building, and the renewal of the plumbing in the Old House Office Building, and authorized appropriations of $25,000 for such purposes. USE OF CONGRESSIONAL HOTEL AS HOUSE OFFICE BUILDING; LEASE OF UNUSED SPACE Pub. L. 92-313, Sec. 8, June 16, 1972, 86 Stat. 222, provided that: '(a) Notwithstanding any other provision of law, the House Office Building Commission is authorized (1) to use, to such extent as it may deem necessary, for the purpose of providing office and other accommodations for the House of Representatives, the building, known as the Congressional Hotel, acquired by the Government in 1957 as part of Lot 20 in Square 692 in the District of Columbia under authority of the Additional House Office Building Act of 1955 (set out as a note above) and (2) to direct the Architect of the Capitol to lease, at fair market value, for such other use and under such terms and conditions and to such parties as such Commission may authorize, any space in such building not required for the aforesaid purpose. '(b) Any space in such building used for office and other accommodations for the House of Representatives shall be deemed to be a part of the 'House Office Buildings' and, as such, shall be subject to the laws, rules, and regulations applicable to those buildings.' For effective date of section 8 of Pub. L. 92-313, see section 11 of Pub. L. 92-313, set out as an Effective Date of 1972 Amendment note under section 603 of this title. SOLAR ENERGY FOR CERTAIN HOUSE OFFICE BUILDINGS Pub. L. 95-577, Nov. 2, 1978, 92 Stat. 2470, provided: 'That (a) the Architect of the Capitol, under the direction of the House Office Building Commission, shall install solar collectors for furnishing a portion of the energy needs of the Rayburn House Office Building and of House Office Building Annex Numbered 2 (now Gerald R. Ford House of Representatives Office Building). '(b) In carrying out this Act, the Architect of the Capitol, under the direction of the House Office Building Commission, is authorized to (1) procure such personal and other services as may be necessary to carry out this Act, and (2) provide for such structural and other changes in the Rayburn House Office Building and House Office Building Annex Numbered 2, such changes in or additions to their appurtenant facilities, such connections to existing facilities or utilities, and such equipment and apparatus, as may be necessary to carry out this Act. 'Sec. 2. The Architect of the Capitol shall submit to the House Public Works and Transportation Committee final engineering and design drawings and final cost estimates for the project authorized under this Act, before soliciting bids to carry out the project. After the submission of such information, the Architect of the Capitol shall not solicit bids to carry out the project authorized under this Act until thirty legislative days after the date of such submission. 'Sec. 3. There is hereby authorized to be appropriated not to exceed $3,000,000 to carry out this Act.' ADDITIONAL PARKING SPACE FOR HOUSE EMPLOYEES House Resolution No. 208, Ninety-fourth Congress, Feb. 24, 1975, as enacted into permanent law by Pub. L. 94-59, title II, Sec. 201, July 25, 1975, 89 Stat. 282, provided: 'That the chairman, Committee on House Administration is authorized: '(1) to lease or to otherwise provide additional indoor and outdoor parking facilities for employees of the House of Representatives in an area or areas in the District of Columbia outside but adjacent to the limits of the United States Capitol Grounds; '(2) to regulate and assign such additional parking facilities; '(3) to utilize the United States Capitol Police with respect to such parking areas, and transit routes; and '(4) to utilize the services of the Architect of the Capitol to prepare bids, leases, or otherwise assist in obtaining such additional parking facilities. Until otherwise provided by law, there shall be paid out of the contingent fund of the House of Representatives such sums as may be necessary to carry out this authorization.' Pub. L. 93-305, title I, ch. VIII, Sec. 801, June 8, 1974, 88 Stat. 206, authorized a detailed study of the House garages located in the Rayburn and Cannon House Office Buildings and in Squares 637 and 691 to determine the feasibility of providing additional parking. INCLUSION OF ADDITIONAL AREAS AND BUILDINGS For inclusion of additional areas and buildings as part of the United States Capitol grounds, see order of the House Office Building Commission affecting the Capitol grounds and buildings, set out as a note under section 193a of this title. COMPENSATION OF SUPERINTENDENT OF GARAGES OF HOUSE OFFICE BUILDINGS Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2170, provided: 'That upon enactment of this Act (Oct. 1, 1988), the pay for the position of Superintendent of Garages shall be equivalent to the pay payable for positions at step 1 of level 12 of the House Employees Schedule, subject to the further increases authorized under 5 U.S.C. 5307(a)(1)(B) relating to the implementation of salary comparability policy.' Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 542, provided that on and after April 1, 1973, the compensation of the Superintendent of Garages was to be at the gross annual rate of $25,000 subject to the further increases authorized under 5 U.S.C. 5307(a)(1)(B). Pub. L. 90-367, Sec. 4, June 29, 1968, 82 Stat. 278, provided that the per annum gross rate of compensation of the position of Superintendent of Garages was to be $12,540 and that such position was to be subject to the salary comparability provisions in section 212 of the Federal Salary Act of 1967, set out as a note under section 5304 of Title 5, Government Organization and Employees. COMPENSATION OF PERSONNEL ASSIGNED TO HOUSE GARAGES IN CONNECTION WITH PARKING ACTIVITIES Pub. L. 93-245, ch. VI, Jan. 3, 1974, 87 Stat. 1079, provided that: 'Effective on the first day of the first applicable pay period which begins on or after the date of enactment of this Act (Jan. 3, 1974), the compensation of personnel assigned to the House garages in connection with parking activities and paid from the appropriation 'House Office Building' under the Architect of the Capitol, shall be fixed by the Architect of the Capitol without regard to chapter 51 and subchapters III and IV of chapter 53 of title 5, United States Code, and shall thereafter be adjusted in accordance with 5 U.S.C. 5307.' APPROPRIATIONS Appropriations for maintenance have been carried under the heading 'House Office Buildings' in Legislature Branch Appropriation Acts since 1933. -CROSS- CROSS REFERENCES Remodeling caucus rooms and restaurant, see note under section 166 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 183, 185 of this title. ------DocID 44000 Document 246 of 816------ -CITE- 40 USC Sec. 176 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 176. Speaker as member of House Office Building commission -STATUTE- The Speaker shall continue a member of the commission in control of said building until his successor as Speaker is elected or his term as a Representative in Congress shall have expired. -SOURCE- (Mar. 4, 1911, ch. 240, 36 Stat. 1306.) -COD- CODIFICATION Section is based on act Mar. 4, 1911, popularly known as the 'Deficiency Appropriation Act, fiscal year 1911'. ------DocID 44001 Document 247 of 816------ -CITE- 40 USC Sec. 177 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 177. Assignment of rooms in House Office Building -STATUTE- The assignment of rooms in the House Office Building, made prior to May 28, 1908, by resolution or order of the House of Representatives, shall continue in force until modified or changed in accordance with the provisions of sections 177 to 184 of this title, and the room so assigned to any Representative shall continue to be held by such Representative as his individual office room so long as he shall remain a Member or Member-elect of the House of Representatives, or until he shall relinquish the same, subject, however, to the provisions of said sections, and no Representative shall allow his office room to be used for any other purpose. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578.) -CROSS- CROSS REFERENCES Assignment of space for joint committee meetings, conference committees, etc., see section 174d-1 of this title. Control of assignment of rooms by House of Representatives, see section 183 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 182, 183 of this title. ------DocID 44002 Document 248 of 816------ -CITE- 40 USC Sec. 178 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 178. Vacant rooms; assignment to Representatives -STATUTE- Any Member or Member-elect of the House of Representatives may file with the Architect of the Capitol a request in writing that any individual office room be assigned to him whenever it shall become vacant. If only one such request has been made for any room which shall at any time have become vacant, the room shall be assigned as requested. If two or more requests are made for the same vacant room, preference shall be given to the Representative making the request who has been longest in continuous service as a Member and Member-elect of the House of Representatives. If two or more Representatives with equal length of continuous service, or two or more Representatives-elect make request for the same room, preference shall be given to the one first preferring his request. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44003 Document 249 of 816------ -CITE- 40 USC Sec. 179 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 179. Vacant rooms; withdrawal by Representatives of request for assignment; relinquishment of rooms previously assigned -STATUTE- A Representative or Representative-elect making request for the assignment of a vacant room may withdraw the same at any time and no one shall have pending at the same time more than one such request. The assignment of a new room to a Representative, upon his request, or the appointment of any Representative having an individual office room as chairman of a committee having a committee room, shall act as a relinquishment by him of the room previously assigned to him. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44004 Document 250 of 816------ -CITE- 40 USC Sec. 180 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 180. Exchange of rooms -STATUTE- Representatives having rooms assigned to them in the foregoing manner may exchange rooms one with another, but such exchange shall be valid only so long as both Members making the exchange shall remain continuously Members or Members-elect of the House of Representatives. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 578.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44005 Document 251 of 816------ -CITE- 40 USC Sec. 181 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 181. Record of assignment of rooms, etc. -STATUTE- The Architect of Capitol shall keep a record of the assignment of rooms made, exchanges which may be made, requests for vacant rooms which may be filed, and the assignment thereof, which record shall be open for the inspection of Representatives or Representatives-elect of the House. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44006 Document 252 of 816------ -CITE- 40 USC Sec. 182 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 182. Assignment of rooms to Commissioner from Puerto Rico -STATUTE- In the matter of the assignment of rooms under sections 177 to 184 of this title, Delegates in Congress and the Commissioner from Puerto Rico shall be treated the same as Representatives. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; May 17, 1932, ch. 190, 47 Stat. 158; Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352.) -COD- CODIFICATION Words 'and the Philippine Islands' after 'Puerto Rico' were omitted pursuant to 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R. 7517, 60 Stat. 1352, which granted independence to the Philippine Islands on July 4, 1946, under the authority of act Mar. 24, 1934, ch. 84, Sec. 10, 48 Stat. 463, as amended, which is classified to section 1394 of Title 22, Foreign Relations and Intercourse. -CHANGE- CHANGE OF NAME 'Puerto Rico' substituted in text for 'Porto Rico' pursuant to act May 17, 1932, which is classified to section 731a of Title 48, Territories and Insular Possessions. -MISC4- COMMISSIONER FROM PUERTO RICO AS RESIDENT COMMISSIONER Section 2106 of Title 5, Government Organization and Employees, provides that the term 'Members of Congress' shall include the 'Resident Commissioner from Puerto Rico.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 183 of this title. ------DocID 44007 Document 253 of 816------ -CITE- 40 USC Sec. 183 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 183. Assignment, etc., of rooms; control of by House -STATUTE- The assignment and reassignment of the rooms and other space in the House Office Building shall be subject to the control of the House of Representatives by rule, resolution, order, or otherwise. Nothing in sections 177 to 184 of this title shall be construed to affect or repeal the provisions of section 175 of this title, placing said House Office Building under the control of the Architect of the Capitol, subject to the approval and direction of the commission provided therein. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182 of this title. ------DocID 44008 Document 254 of 816------ -CITE- 40 USC Sec. 184 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184. Assignment of unoccupied space -STATUTE- Unoccupied space in said building shall be assigned by the Architect of the Capitol under the direction of the commission and subject to the control of the House of Representatives. -SOURCE- (May 28, 1908, No. 30, 35 Stat. 579; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 177, 182, 183 of this title. ------DocID 44009 Document 255 of 816------ -CITE- 40 USC Sec. 184a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184a. John W. McCormack Residential Page School -STATUTE- (a) Construction authorization for dormitory and classroom facilities complex There is hereby authorized to be constructed, on a site jointly approved by the Senate Office Building Commission and the House Office Building Commission, in accordance with plans which shall be prepared by or under the direction of the Architect of the Capitol and which shall be submitted to and jointly approved by the Senate Office Building Commission and the House Office Building Commission, a fireproof building containing dormitory and classroom facilities, including necessary furnishings and equipment, for pages of the Senate, the House of Representatives, and the Supreme Court of the United States. (b) Acquisition of property in District of Columbia The Architect of the Capitol, under the joint direction and supervision of the Senate Office Building Commission and the House Office Building Commission, is authorized to acquire on behalf of the United States, by purchase, condemnation, transfer, or otherwise, such publicly or privately owned real property in the District of Columbia (including all alleys, and parts of alleys, and streets within the curblines surrounding such real property) located in the vicinity of the United States Capitol Grounds, as may be approved jointly by the Senate Office Building Commission and the House Office Building Commission, for the purpose of constructing on such real property, in accordance with this section, a suitable dormitory and classroom facilities complex for pages of the Senate, the House of Representatives, and the Supreme Court of the United States. (c) Condemnation proceedings Any proceeding for condemnation instituted under subsection (b) of this section shall be conducted in accordance with subchapter IV of chapter 13 of title 16 of the District of Columbia Code. (d) Transfer of United States owned property Notwithstanding any other provision of law, any real property owned by the United States, and any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be transferred, upon the request of the Architect of the Capitol made with the joint approval of the Senate Office Building Commission and the House Office Building Commission, to the jurisdiction and control of the Architect of the Capitol. (e) Alley and street closures by Mayor of the District of Columbia Notwithstanding any other provision of law, any alleys, or parts of alleys and streets, contained within the curblines surrounding the real property acquired on behalf of the United States under this section shall be closed and vacated by the Mayor of the District of Columbia in accordance with any request therefor made by the Architect of the Capitol with the joint approval of the Senate Office Building Commission and the House Office Building Commission. (f) United States Capitol Grounds provisions applicable Upon the acquisition on behalf of the United States of all real property under this section, such property shall be a part of the United States Capitol Grounds and shall be subject to the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title. (g) Designation; employment of services under supervision and control of Architect of Capitol: joint approval and direction of Speaker and President pro tempore; annual estimates to Congress; regulations governing Architect of Capitol The building constructed on the real property acquired under this section shall be designated the 'John W. McCormack Residential Page School'. The employment of all services (other than that of the United States Capitol Police) necessary for its protection, care, maintenance, and use, for which appropriations are made by Congress, shall be under the control and supervision of the Architect of the Capitol. Such supervision and control shall be subject to the joint approval and direction of the Speaker and the President pro tempore. The Architect shall submit annually to the Congress estimates in detail for all services, other than those of the United States Capitol Police or those provided in connection with the conduct of school operations and the personal supervision of pages, and for all other expenses in connection with the protection, care, maintenance, and use of the John W. McCormack Residential Page School. The Speaker and the President pro tempore shall prescribe, from time to time, regulations governing the Architect in the provision of services and the protection, care, and maintenance, of the John W. McCormack Residential Page School. (h) Joint appointee for supervision and control over page activities; regulations; Residence Superintendent of Pages: appointment, compensation, and duties; additional personnel: appointment and compensation The Speaker of the House of Representatives and the President pro tempore of the Senate jointly shall designate an officer of the House and an officer of the Senate, other than a Member of the House or Senate, who shall jointly exercise supervision and control over the activities of the pages resident in the John W. McCormack Residential Page School. With the approval of the Speaker and the President pro tempore, such officers so designated shall prescribe regulations governing - (1) the actual use and occupancy of the John W. McCormack Residential Page School including, if necessary, the imposition of a curfew for pages; (2) the conduct of pages generally; and (3) other matters pertaining to the supervision, direction, safety, and well-being of pages in off-duty hours. Such officers, subject to the approval of the Speaker and the President pro tempore, jointly shall appoint and fix the per annum gross rate of pay of a Residence Superintendent of Pages, who shall perform such duties with respect to the supervision of pages resident therein as those officials shall prescribe. In addition, such officers, subject to the approval of the Speaker and the President pro tempore, jointly shall appoint and fix the per annum gross rates of pay of such additional personnel as may be necessary to assist those officers and the Residence Superintendent of Pages in carrying out their functions under this section. (i) Sections 88a and 88b of title 2 unaffected Nothing in section 88b-1 of title 2 and this section shall affect the operation of section 88a of title 2 or section 88b of title 2, relating to educational facilities of pages and other minors who are congressional employees. -SOURCE- (Pub. L. 91-510, title IV, Sec. 492, Oct. 26, 1970, 84 Stat. 1199; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT Section 88b-1 of title 2 and this section, referred to in subsec. (i), were in the original 'this part', meaning part 9 of title IV of Pub. L. 91-510, Oct. 26, 1970, 84 Stat. 1199, which enacted section 88b-1 of Title 2, The Congress, and this section, repealed section 88c of Title 2, and enacted a provision set out as a note under section 88b-1 of Title 2. -MISC2- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (e) for 'commissioners'. -MISC5- ACQUISITION OF PROPERTY AS SITE FOR JOHN W. MCCORMACK RESIDENTIAL PAGE SCHOOL Pub. L. 92-607, ch. V, Sec. 508, Oct. 31, 1972, 86 Stat. 1512, authorized Architect of the Capitol to acquire certain specified real estate for use as a green park area pending its development for permanent use as site of John W. McCormack Residential Page School. ------DocID 44010 Document 256 of 816------ -CITE- 40 USC Sec. 184b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184b. House of Representatives Child Care Center -STATUTE- The House Office Building Commission may, in accordance with sections 184b to 184f of this title, assign appropriate space for a child care center (to be known as the 'House of Representatives Child Care Center') to furnish preschool, educationally enriching child care - (1) for children of Members, officers, employees, and support personnel of the House of Representatives; and (2) if places are available after admission of all children who are eligible under paragraph (1), for children of Senators, children of officers and employees of the Senate, and children of employees of agencies of the legislative branch. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title III, Sec. 313(a), Nov. 21, 1989, 103 Stat. 1065.) -COD- CODIFICATION Section is based on section 1 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 designated existing provisions relating to educationally enriching child care as par. (1) and added par. (2). -CROSS- CROSS REFERENCES Play area on Capitol grounds for children attending child care center, see section 214b of this title. ------DocID 44011 Document 257 of 816------ -CITE- 40 USC Sec. 184c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184c. Responsibility for Center -STATUTE- (a) Independent, nonprofit, nongovernmental corporation The entity responsible for the Center shall be an independent, nonprofit, nongovernmental corporation, incorporated under the laws of the District of Columbia for the sole purpose of providing child care under sections 184b to 184f of this title. (b) Official documents of corporation; submission; amendment Each official document of the corporation (including articles of incorporation and bylaws) shall be submitted to the Committee on House Administration before space is made available for use by the Center. No amendment to an official document of the corporation shall be valid with respect to such use unless the amendment is submitted to the committee. (c) Board of directors The articles of incorporation shall provide for a board of directors, composed of nine individuals, who shall serve without pay and shall be chosen, without regard to political affiliation, from among persons with expertise in child care or interest in the Center, including parents of children enrolled in the Center. (d) Monthly reports on operations and financial transactions of Center; audit; public availability of reports As a condition of continuing use of space for the Center, the corporation shall submit to the House a comprehensive monthly report of the operations and financial transactions of the Center. At least once each year, the Comptroller General shall audit the operations and financial transactions of the corporation and shall submit a report of such audit to the House. The Clerk shall make available to the public each report under this subsection. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425.) -COD- CODIFICATION Section is based on section 2 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. ------DocID 44012 Document 258 of 816------ -CITE- 40 USC Sec. 184d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184d. Duties of corporation -STATUTE- The corporation shall, in accordance with the laws of the District of Columbia, provide for - (1) operation of the Center, either directly by the corporation or by contract with appropriate persons; and (2) curriculum and program of activities, necessary personnel, fee structure and budget, admission policy, nutrition and health, and facilities and equipment. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425.) -COD- CODIFICATION Section is based on section 3 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. ------DocID 44013 Document 259 of 816------ -CITE- 40 USC Sec. 184e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184e. Initial funding for Center; reimbursement; Center to be economically self-sufficient; House responsibility for Center -STATUTE- (a) There shall be paid from the contingent fund of the House to the corporation not more than $100,000 for equipment and other expenses of starting the Center. (b) The income of the corporation from child care fees, private donations, and similar receipts shall be sufficient to pay all operating expenses of the Center (including employee pay and benefits, and expenses of sufficient fiduciary, liability and other necessary insurance). The House shall have no responsibility or liability with respect to the operations of the Center. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title III, Sec. 313(b), Nov. 21, 1989, 103 Stat. 1065.) -COD- CODIFICATION Section is based on section 4 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. -MISC3- AMENDMENTS 1989 - Subsec. (a). Pub. L. 101-163, Sec. 313(b)(1), struck out at end 'At the end of each of the first three one-year periods beginning three years after the date on which the Center begins operations, the corporation shall pay to the Clerk, as a reimbursement to the contingent fund of the House, an amount equal to one-third of the total amount paid under the first sentence of this subsection or the unreimbursed balance of such total amount, whichever is less.' Subsec. (b). Pub. L. 101-163, Sec. 313(b)(2), struck out 'to make the reimbursements required by subsection (a) of this section and' after 'shall be sufficient'. ------DocID 44014 Document 260 of 816------ -CITE- 40 USC Sec. 184f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 184f. Definitions as used in sections 184b to 184f of this title -STATUTE- As used in sections 184b to 184f of this title - (1) the term 'employee of the House of Representatives' means an employee whose pay is disbursed by the Clerk of the House of Representatives; (2) the term 'employee of the Senate' means an employee whose pay is disbursed by the Secretary of the Senate; (3) the term 'Member' means, with respect to the House of Representatives, a Representative in, or a Delegate or Resident Commissioner to, the Congress; (4) the term 'agency of the legislative branch' means the Office of the Architect of the Capitol, the Botanic Garden, the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal; and (5) the term 'support personnel' means, with respect to the House of Representatives, any employee of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives. -SOURCE- (Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986, 100 Stat. 3341-287, as amended Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425; Pub. L. 101-163, title III, Sec. 313(c), Nov. 21, 1989, 103 Stat. 1066.) -COD- CODIFICATION Section is based on section 5 of House Resolution No. 21, Ninety-ninth Congress, Dec. 11, 1985, which was enacted into permanent law by section 103 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500 and Pub. L. 99-591, as amended by Pub. L. 100-71, to be effective as if enacted into law. -MISC3- AMENDMENTS 1989 - Pub. L. 101-163 struck out ', the term' after '184f of this title' in introductory provisions and substituted pars. (1) to (5) for former pars. (1) to (3) which read as follows: '(1) 'employee of the House' means an employee of the House of Representatives whose pay is disbursed by the Clerk; '(2) 'Member' means a Representative in, and a Delegate or Resident Commissioner to, the Congress; and '(3) 'support personnel' means employees of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives.' ------DocID 44015 Document 261 of 816------ -CITE- 40 USC Sec. 185 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 185. Capitol power plant -STATUTE- The heating, lighting, and power plant constructed under the terms of the Act approved April 28, 1904, shall be known as the 'Capitol power plant'; and all vacancies occurring in the force operating said plant and the substations in connection therewith shall be filled by the Architect of the Capitol with the approval of the commission in control of the House Office Building appointed under section 175 of this title. -SOURCE- (Mar. 4, 1911, ch. 285, 36 Stat. 1414; Mar. 3, 1921, ch. 124, 41 Stat. 1291.) -REFTEXT- REFERENCES IN TEXT Act approved April 28, 1904, referred to in text, is act Apr. 28, 1904, ch. 1762, Sec. 1 (part), 33 Stat. 452 (479), which provided an appropriation for the construction of a heating, lighting and power plant in connection with the office building for the House of Representatives to furnish the necessary heat, light, and power for the office building for the House of Representatives, the Capitol building, the Congressional Library building, and for such other public buildings erected after Apr. 28, 1904, on grounds adjacent to the Capitol grounds at the east of the Capitol building and facing the same. -COD- CODIFICATION Section is based on act Mar. 4, 1911, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1912'. It followed an appropriation for the Capitol power plant. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- GENERAL SERVICES ADMINISTRATION COAL YARD Pub. L. 100-458, title I, Oct. 1, 1988, 102 Stat. 2170, provided: 'That appropriations under this head shall hereafter be available for maintenance, alterations, personal and other services, and for all other necessary expenses of the Government owned property, buildings and facilities located in Lot 803, Square 695, formerly known as the General Services Administration Coal Yard at 42 I Street, S.E., in the District of Columbia.' ------DocID 44016 Document 262 of 816------ -CITE- 40 USC Sec. 185a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 185a. Senate Garage; control, supervision, servicing of official motor vehicles -STATUTE- (a) The employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, shall, on October 1, 1980, be transferred to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate: Provided further, That, effective July 1, 1965, the underground space in the north extension of the Capitol Grounds, known as the Legislative Garage shall hereafter be known as the Senate Garage and shall be under the jurisdiction and control of the Architect of the Capitol, subject to such regulations respecting the use thereof as may be promulgated by the Senate Committee on Rules and Administration: Provided further, That, such regulations shall provide for the continued assignment of space and the continued furnishing of service in such garage for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment. (b) As used in subsection (a) of this section, the term 'servicing' includes, with respect to an official motor vehicle, the washing and fueling of such vehicle, the checking of its tires and battery, and checking and adding oil. -SOURCE- (June 30, 1932, ch. 314, 47 Stat. 391; Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub. L. 96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.) -MISC1- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-444, Sec. 1(a)(1), designated existing provision as subsec. (a) and substituted provision transferring, on October 1, 1980, employees of the Senate garage engaged by the Architect of the Capitol for the primary purpose of servicing official motor vehicles, together with the functions performed by such employees, to the jurisdiction of the Sergeant at Arms and Doorkeeper of the Senate for provision transferring, on July 1, 1932, employees engaged in the care and maintenance of the Senate garage to the jurisdiction of the Architect of the Capitol, without any reduction in compensation to these employees as the result of such transfer. Subsec. (b). Pub. L. 96-444, Sec. 1(b), added subsec. (b). 1964 - Pub. L. 88-454 redesignated the Legislative Garage as the Senate Garage, transferred the authority to promulgate rules from the Vice President and the Speaker of the House to the Senate Committee on Rules and Administration, and directed that the regulations provide for the continued assignment of space and the continued furnishing of service for official motor vehicles of the House and the Senate and the Architect of the Capitol and Capitol Grounds maintenance equipment. AVAILABILITY OF APPROPRIATIONS FOR EXPENSES OF SENATE GARAGE Title I of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law, provided in part: 'That appropriations under this head (senate office buildings) shall hereafter be available for maintenance, alternations (alterations), personal and other services, and for all other necessary expenses of the Senate Garage as authorized by the paragraph beginning 'Capitol Garages' under the general heading 'ARCHITECT OF THE CAPITOL' in the first section of the Act entitled 'An Act making appropriations for the Legislative Branch of the Government for the fiscal year ending June 30, 1933, and for other purposes', approved June 30, 1933 (40 U.S.C. 185a) and Public Law 96-444 (amending this section and enacting provisions set out as notes under this section).' UNUSED SICK LEAVE AND UNUSED ANNUAL LEAVE OF TRANSFERRED EMPLOYEES; ANNUITY COMPUTATION AND LUMP SUM PAYMENT Section 1(a)(2), (3) of Pub. L. 96-444 provided that: '(2) For purposes of section 8339(m) of title 5, United States Code, the days of unused sick leave to the credit of any such employee as of the date such employee is transferred under paragraph (1) (amending subsec. (a) of this section), shall be included in the total service of such employee in connection with the computation of any annuity under subsections (a)-(e) and (o) of such section. '(3) In the case of days of annual leave to the credit of any such employee as of the date such employee is transferred under paragraph (1) (amending subsec. (a) of this section), the Architect of the Capitol is authorized to make a lump sum payment to each such employee for that annual leave. No such payment shall be considered a payment or compensation within the meaning of any law relating to dual compensation.' APPOINTMENT OF GARAGE ATTENDANTS; COMPENSATION; LONGEVITY COMPENSATION Section 2 of Pub. L. 96-444 provided that: '(a) Effective October 1, 1980, the Sergeant at Arms and Doorkeeper of the Senate is authorized to appoint and fix the compensation of four garage attendants at not to exceed $14,100 per annum each. '(b) If, and to the extent that, positions established by subsection (a) are first filled by individuals transferred under subsection (a)(1) of the first section (amending subsec. (a) of this section), the Sergeant at Arms and Doorkeeper of the Senate is authorized to fix, in lieu of the compensation prescribed in subsection (a), the compensation - '(1) of not more than two of such positions so filled at not to exceed $16,560 per annum each; '(2) of one of such positions so filled at not to exceed $15,485 per annum; and '(3) of one of such positions so filled at not to exceed $14,390 per annum. Compensation fixed under this subsection for a position first filled by an individual transferred under subsection (a)(1) of the first section shall cease to be applicable with respect to such position on the date that such individual first ceases to occupy such position. '(c) During any period with respect to which subsection (b) is applicable to a position occupied by an individual described in such subsection, such individual shall be credited, for purposes of longevity compensation, as authorized by section 106(a), (b), and (d) of the Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j), for service performed by such individual in the position of garage attendant, as an employee of the Architect of the Capitol, as certified to the Secretary of the Senate by the Architect of the Capitol.' APPLICABILITY OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212a-2, and 212b of this title, see note set out under section 193a of this title. ------DocID 44017 Document 263 of 816------ -CITE- 40 USC Sec. 186 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 186. Transfer of material and equipment to Architect -STATUTE- The Secretary of the Army is authorized to transfer, without payment, to the Architect of the Capitol, such material and equipment, not required by the Department of the Army, as the Architect may request for use at the Capitol power plant, the Capitol Building, and the Senate and House Office Buildings. -SOURCE- (June 5, 1920, ch. 253, 41 Stat. 1035; Mar. 3, 1921, ch. 124, 41 Stat. 1291; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -COD- CODIFICATION Section is based on act June 5, 1920, popularly known as the 'Third Deficiency Appropriation Act June 5, 1920, fiscal year 1920'. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. -TRANS- TRANSFER OF FUNCTIONS For transfer of certain functions insofar as they pertain to Air Force, and to extent that they were not previously transferred to Secretary of the Air Force from Secretary of the Army, see Secretary of Defense Transfer Order No. 40 (App. A(65)), July 22, 1949. ------DocID 44018 Document 264 of 816------ -CITE- 40 USC Sec. 187 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 187. National Statuary Hall -STATUTE- Suitable structures and railings shall be erected in the old hall of Representatives for the reception and protection of statuary, and the same shall be under the supervision and direction of the Architect of the Capitol. And the President is authorized to invite all the States to provide and furnish statues, in marble or bronze, not exceeding two in number for each State, of deceased persons who have been citizens thereof, and illustrious for their historic renown or for distinguished civic or military services, such as each State may deem to be worthy of this national commemoration; and when so furnished, the same shall be placed in the old hall of the House of Representatives, in the Capitol of the United States, which is set apart, or so much thereof as may be necessary, as a national statuary hall for the purpose herein indicated. -SOURCE- (R.S. Sec. 1814; Aug. 15, 1876, ch. 287, 19 Stat. 147.) -COD- CODIFICATION R.S. Sec. 1814 derived from act July 2, 1864, ch. 210, Sec. 2, 13 Stat. 347. Section 2 of act July 2, 1864, gave the supervision and direction of the National Statuary Hall to the Commissioner of Public Buildings. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred, etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. -MISC4- LOCATION OF STATUES House Concurrent Resolution 47, passed Feb. 24, 1933, 47 Stat. Part 2, 1784, provided: 'That the Architect of the Capitol, upon the approval of the Joint Committee on the Library, with the advice of the Commission of Fine Arts, is hereby authorized and directed to relocate within the Capitol any of the statues already received and placed in Statuary Hall, and to provide for the reception and location of the statues received hereafter from the States.' ------DocID 44019 Document 265 of 816------ -CITE- 40 USC Sec. 188 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188. Works of fine arts -STATUTE- The Joint Committee on the Library, whenever, in their judgment, it is expedient, are authorized to accept any work of the fine arts, on behalf of Congress, which may be offered, and to assign the same such place in the Capitol as they may deem suitable, and shall have the supervision of all works of art that may be placed in the Capitol. -SOURCE- (R.S. Sec. 1831.) -COD- CODIFICATION R.S. Sec. 1831 derived from act June 10, 1872, ch. 415, Sec. 1, 17 Stat. 362. -CROSS- CROSS REFERENCES Art exhibits, not property of United States, prohibited, see section 189 of this title. Commission of Fine Arts, see section 104 of this title. ------DocID 44020 Document 266 of 816------ -CITE- 40 USC Sec. 188a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a. United States Capitol Preservation Commission -STATUTE- (a) Establishment and purposes There is established in the Congress the United States Capitol Preservation Commission (hereinafter in sections 188a to 188a-5 of this title referred to as the 'Commission') for the purposes of - (1) providing for improvements in, preservation of, and acquisitions for, the United States Capitol; (2) providing for works of fine art and other property for display in the United States Capitol and at other locations under the control of the Congress; and (3) conducting other activities that directly facilitate, encourage, or otherwise support any purposes specified in paragraph (1) or (2). (b) Membership The Commission shall be composed of the following Members of Congress: (1) The President pro tempore of the Senate and the Speaker of the House of Representatives, who shall be co-chairmen. (2) The Chairman and Vice-Chairman of the Joint Committee on the Library. (3) The Chairman and the ranking minority party member of the Committee on Rules and Administration of the Senate, and the Chairman and the ranking minority party member of the Committee on House Administration of the House of Representatives. (4) The majority leader and the minority leader of the Senate. (5) The majority leader and the minority leader of the House of Representatives. (6) The Chairman of the Commission on the Bicentennial of the United States Senate and the Chairman of the Commission of the House of Representatives Bicentenary, to be succeeded upon expiration of such commissions, by a Senator or Member of the House of Representatives, as appropriate, appointed by the Senate or House of Representatives co-chairman of the Commission, respectively. (7) One Senator appointed by the President pro tempore of the Senate and one Senator appointed by the minority leader of the Senate. (8) One Member of the House of Representatives appointed by the Speaker of the House of Representatives and one Member of the House of Representatives appointed by the minority leader of the House of Representatives. (c) Designees Each member of the Commission specified under subsection (b) of this section (other than a member under paragraph (7) or (8) of such subsection) may designate a Senator or Member of the House of Representatives, as the case may be, to serve as a member of the Commission in place of the member so specified. (d) Architect of the Capitol In addition to the members under subsection (b) of this section, the Architect of the Capitol shall participate in the activities of the Commission, ex officio, and without the right to vote. (e) Staff support and assistance The Senate Commission on Art, the House of Representatives Fine Arts Board, and the Architect of the Capitol shall provide to the Commission such staff support and assistance as the Commission may request. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 801, Nov. 18, 1988, 102 Stat. 4608.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a-1, 188a-2, 188a-5 of this title. ------DocID 44021 Document 267 of 816------ -CITE- 40 USC Sec. 188a-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-1. Authority of Commission to accept gifts and conduct other transactions relating to works of fine art and other property -STATUTE- (a) In general In carrying out the purposes referred to in section 188a(a) of this title the Commission is authorized - (1) to accept gifts of works of fine art, gifts of other property, and gifts of money; and (2) to acquire property, administer property, dispose of property, and conduct other transactions related to such purposes. (b) Transfer and disposition of works of fine art and other property The Commission shall, with respect to works of fine art and other property received by the Commission - (1) in consultation with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity consulted; (2) if a transfer described in paragraph (1) is not appropriate, dispose of the work of fine art by sale or other transaction; and (3) in the case of property that is not directly related to the purposes referred to in section 188a(a) of this title, dispose of such property by sale or other transaction. (c) Requirements for conduct of transactions In conducting transactions under this section, the Commission shall - (1) accept money only in the form of a check or similar instrument made payable to the Treasury of the United States and shall deposit any such check or instrument in accordance with section 188a-2 of this title; (2) in making sales and engaging in other property transactions, take into consideration market conditions and other relevant factors; and (3) assure that each transaction is directly related to the purposes referred to in section 188a(a) of this title. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101-302, title III, Sec. 312(a), May 25, 1990, 104 Stat. 245.) -MISC1- AMENDMENTS 1990 - Subsec. (b)(1). Pub. L. 101-302 amended par. (1) generally. Prior to amendment, par. (1) read as follows: 'upon agreement with the Joint Committee on the Library, the Senate Commission on Art, or the House of Representatives Fine Arts Board, as the case may be, transfer such property to the entity with which the agreement is made;'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5, 188c-1 of this title. ------DocID 44022 Document 268 of 816------ -CITE- 40 USC Sec. 188a-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-2. Capitol Preservation Fund -STATUTE- (a) In general There is established in the Treasury a fund, to be known as the 'Capitol Preservation Fund' (hereafter in sections 188a to 188a-5 of this title referred to as the 'fund'), which shall consist of (1) amounts deposited, and interest and proceeds credited, under subsection (d) of this section, (2) obligations obtained under subsection (e) of this section, and (3) all surcharges received by the Secretary of the Treasury from the sale of coins minted under the Bicentennial of the United States Congress Commemorative Coin Act. (b) Availability of fund The fund shall be available to the Commission - (1) for payment of transaction costs and similar expenses incurred under section 188a-1 of this title; (2) subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate, for improvement and preservation projects for the United States Capitol; (3) for disbursement with respect to works of fine art and other property as provided in section 188a-1 of this title; and (4) for such other payments as may be required to carry out section 188a of this title or section 188a-1 of this title. (c) Transaction costs and proportionality In carrying out this section, the Commission shall, to the extent practicable, take such action as may be necessary - (1) to minimize disbursements under subsection (b)(1) of this section; and (2) to equalize disbursements under subsection (b) of this section between the Senate and the House of Representatives. (d) Deposits, credits, and disbursements The Commission shall deposit in the fund gifts of money and proceeds of transactions under section 188a-1 of this title. The Secretary of the Treasury shall credit to the fund the interest on, and the proceeds from sale or redemption of, obligations held in the fund. Disbursements from the fund shall be made on vouchers approved by the Commission and signed by the co-chairmen. (e) Investments The Secretary of the Treasury shall invest any portion of the fund that, as determined by the Commission, is not required to meet current withdrawals. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Commission has a maturity suitable for the fund. In carrying out this subsection, the Secretary may make such purchases, sales, and redemptions of obligations as may be approved by the Commission. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 803, Nov. 18, 1988, 102 Stat. 4609; Pub. L. 101-302, title III, Sec. 312(b), May 25, 1990, 104 Stat. 245.) -REFTEXT- REFERENCES IN TEXT The Bicentennial of the United States Congress Commemorative Coin Act, referred to in subsec. (a), is Pub. L. 100-673, Nov. 17, 1988, 102 Stat. 3992, which is set out as a note under section 5112 of Title 31, Money and Finance. -MISC2- AMENDMENTS 1990 - Subsec. (b). Pub. L. 101-302, Sec. 312(b)(1), struck out 'subject to the approval, except for the purchase of fine art and antiques, of the Committees on Appropriations of the House of Representatives and Senate, respectively' after 'The fund shall be available to the Commission'. Subsec. (b)(2). Pub. L. 101-302, Sec. 312(b)(2), inserted 'subject to the approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate,' before 'For improvement'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-1, 188a-5 of this title. ------DocID 44023 Document 269 of 816------ -CITE- 40 USC Sec. 188a-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-3. Audits by the Comptroller General -STATUTE- The Comptroller General shall conduct annual audits of the transactions of the Commission and shall report the results of each audit to the Congress. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5 of this title. ------DocID 44024 Document 270 of 816------ -CITE- 40 USC Sec. 188a-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-4. Advisory boards -STATUTE- The Commission may establish appropriate boards to provide advice and assistance to the Commission and to further the purposes of the Commission. The boards shall be composed of members (including chairmen) who shall be appointed by the Commission from public and private life and shall serve at the pleasure of the Commission and each co-chairman of the Commission may appoint one member to any such board. The members of boards under this section may be reimbursed for actual and necessary expenses incurred in the performance of the duties of the boards, at the discretion of the Commission. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 805, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2, 188a-5 of this title. ------DocID 44025 Document 271 of 816------ -CITE- 40 USC Sec. 188a-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188a-5. 'Member of the House of Representatives' defined -STATUTE- As used in sections 188a to 188a-5 of this title, the term 'Member of the House of Representatives' means a Representative in, or a Delegate or Resident Commissioner to, the Congress. -SOURCE- (Pub. L. 100-696, title VIII, Sec. 806, Nov. 18, 1988, 102 Stat. 4610.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 188a, 188a-2 of this title. ------DocID 44026 Document 272 of 816------ -CITE- 40 USC Sec. 188b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b. Senate Commission on Art -STATUTE- (a) Establishment There is hereby established a Senate Commission on Art (hereinafter referred to as 'the Commission') consisting of the President pro tempore of the Senate, the chairman and ranking minority member of the Committee on Rules and Administration of the Senate, and the majority and minority leaders of the Senate. (b) Chairman and Vice Chairman; quorum; Executive Secretary The Commission shall elect a Chairman and a Vice Chairman at the beginning of each Congress. Three members of the Commission shall constitute a quorum for the transaction of business, except that the Commission may fix a lesser number which shall constitute a quorum for the taking of testimony. The Secretary of the Senate shall be the Executive Secretary of the Commission (FOOTNOTE 1) (FOOTNOTE 1) So in original. Probably should be followed by a period. (c) Selection of Curator of Art and Antiquities of the Senate; availability of professional and clerical assistance The Commission shall select a Curator of Art and Antiquities of the Senate who shall be appointed by and be an employee of the Secretary of the Senate. The Curator shall serve at the pleasure of the Commission, shall perform such duties as it may prescribe, and shall receive compensation at a gross rate, not to exceed $22,089 per annum to be fixed by the Commission. At the request of the Commission the Secretary of the Senate shall detail to the Commission such additional professional, clerical, and other assistants as, from time to time, it deems necessary. (d) Hearings and meetings The Commission shall be empowered to hold hearings, summon witnesses, administer oaths, employ reporters, request the production of papers and records, take such testimony, and adopt such rules for the conduct of its hearings and meetings, as it deems necessary. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102 Stat. 4610, 4611.) -COD- CODIFICATION Section is based on section 1 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100-696. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(b)(3), substituted 'Senate Commission on Art' for 'Commission on Art and Antiquities of the United States Senate'. Subsec. (b). Pub. L. 100-696, Sec. 901(b)(1), inserted 'The Secretary of the Senate shall be the Executive Secretary of the Commission'. SENATE RULEMAKING POWER Section 901(d) of Pub. L. 100-696 provided that: 'The provisions of this section (enacting sections 188b to 188b-5 of this title and amending sections 188b, 188b-1, and 188b-5 of this title) are enacted by the Congress - '(1) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and '(2) with full recognition of the constitutional right of the Senate to change such rules at any time, in the same manner, and to the same extent as in the case of any other rule of the Senate.' INCREASES IN COMPENSATION Increases in compensation for officers and employees of the Senate under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 60a-1 of Title 2, The Congress. -CROSS- CROSS REFERENCES Authority of Secretary of Senate to fix compensation of certain positions, see section 61a-11 of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44027 Document 273 of 816------ -CITE- 40 USC Sec. 188b-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-1. Duties of Commission -STATUTE- (a) In general The Commission is hereby authorized and directed to supervise, hold, place, protect, and make known all works of art, historical objects, and exhibits within the Senate wing of the United States Capitol, any Senate Office Buildings, and in all rooms, spaces, and corridors thereof, which are the property of the United States, and in its judgment to accept any works of art, historical objects, or exhibits which may hereafter be offered, given, or devised to the Senate, its committees, and its officers for placement and exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof. (b) Issuance and publication of regulations The Commission shall prescribe such regulations as it deems necessary for the care, protection, and placement of such works of art, exhibits, and historical objects in the Senate wing of the Capitol and the Senate Office Buildings, and for their acceptance on behalf of the Senate, its committees, and officers. Such regulations shall be published in the Congressional Record at such time or times as the Commission may deem necessary for the information of the Members of the Senate and the public. (c) Consistency of regulations Regulations authorized by the provisions of section 193 of this title to be issued by the Sergeant at Arms of the Senate for the protection of the Capitol, and any regulations issued, or activities undertaken, by the Committee on Rules and Administration of the Senate, or the Architect of the Capitol, in carrying out duties relating to the care, preservation, and protection of the Senate wing of the Capitol and the Senate Office Buildings, shall be consistent with such rules and regulations as the Commission may issue pursuant to subsection (b) of this section. (d) Responsibilities of Committee on Rules and Administration of Senate The Committee on Rules and Administration of the Senate in consultation with the Architect of the Capitol and consistent with regulations prescribed by the Commission under subsection (b) of this section, shall have responsibility for the supervision, protection, and placement of all works of art, historical objects, and exhibits which shall have been accepted on behalf of the Senate by the Commission or acknowledged as United States property by inventory of the Commission, and which may be lodged in the Senate wing of the Capitol or the Senate Office Buildings by the Commission. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610, 4611.) -COD- CODIFICATION Section is based on section 2 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law and amended by Pub. L. 100-696. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(b)(2), substituted 'protect, and make known' for 'and protect' and 'Senate wing of the United States Capitol, any Senate Office Buildings' for 'Senate wing of the Capitol'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44028 Document 274 of 816------ -CITE- 40 USC Sec. 188b-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-2. Supervision and maintenance of Old Senate Chamber -STATUTE- The Commission shall have responsibility for the supervision and maintenance of the Old Senate Chamber on the principal floor of the Senate wing of the Capitol insofar as it is to be preserved as a patriotic shrine in the Capitol for the benefit of the people of the United States. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 3 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44029 Document 275 of 816------ -CITE- 40 USC Sec. 188b-3 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-3. Publication of list of works of art, historical objects, and exhibits -STATUTE- The Commission shall, from time to time, but at least once every ten years, publish as a Senate document a list of all works of art, historical objects, and exhibits currently within the Senate wing of the Capitol and the Senate Office Buildings, together with their description, location, and with such notes as may be pertinent to their history. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 4 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44030 Document 276 of 816------ -CITE- 40 USC Sec. 188b-4 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-4. Authorization of appropriations -STATUTE- There is hereby authorized to be appropriated out of the contingent fund of the Senate for the expenses of the Commission the sum of $15,000 each fiscal year, to be disbursed by the Secretary of the Senate on vouchers signed by the Chairman or Vice Chairman of the Commission: Provided, That no payment shall be made from such appropriation as salary. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.) -COD- CODIFICATION Section is based on section 5 of Senate Resolution No. 382, Ninetieth Congress, Oct. 1, 1968, which was enacted into permanent law by Pub. L. 100-696. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-5 of this title. ------DocID 44031 Document 277 of 816------ -CITE- 40 USC Sec. 188b-5 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-5. Additional authority for Senate Commission on Art to acquire works of art, historical objects, documents, or exhibits -STATUTE- (a) The Senate Commission on Art, in addition to any authority conferred upon it by sections 188b to 188b-4 of this title, is authorized to acquire any work of art, historical object, document or material relating to historical matters, or exhibit for placement or exhibition in the Senate wing of the Capitol, the Senate Office Buildings, or in rooms, spaces, or corridors thereof. (b) This section shall be effective as of March 1, 1971. -SOURCE- (Pub. L. 100-696, title IX, Sec. 901(a), (c), Nov. 18, 1988, 102 Stat. 4610, 4611.) -COD- CODIFICATION Section is based on Senate Resolution No. 95, Ninety-second Congress, Apr. 1, 1971, which was enacted into permanent law and amended by Pub. L. 100-696. -MISC3- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-696, Sec. 901(c), substituted 'Senate Commission on Art' for 'Commission on Art and Antiquities of the United States Senate'. ------DocID 44032 Document 278 of 816------ -CITE- 40 USC Sec. 188b-6 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188b-6. Conservation, restoration, replication, or replacement of items in United States Senate Collection -STATUTE- (a) Use of moneys in Senate contingent fund Effective with the fiscal year ending September 30, 1991, and each fiscal year thereafter, subject to the approval of the Committee on Appropriations of the Senate, any unexpended and unobligated funds in the appropriation account for the 'Secretary of the Senate' within the contingent fund of the Senate which have not been withdrawn in accordance with section 102a of title 2, shall be available for the expenses incurred, without regard to the fiscal year in which incurred, for the conservation, restoration, and replication or replacement, in whole or in part, of items of art, fine art, and historical items within the Senate wing of the United States Capitol, any Senate Office Building, or any room, corridor, or other space therein. In the case of replication or replacement of such items, the funds available under this subsection shall be available for any such items previously contained within the Senate wing of the Capitol, or an item historically accurate. (b) United States Senate Collection All such items of art referred to in subsection (a) of this section shall be known as the 'United States Senate Collection'. (c) Approval of disbursements by Chairman or Executive Secretary of Senate Commission on Art Disbursements for expenses incurred for the purposes in subsection (a) of this section shall be made upon vouchers approved by the Chairman of the Senate Commission on Art or the Executive Secretary of the Senate Commission on Art. -SOURCE- (Pub. L. 101-302, title III, Sec. 316, May 25, 1990, 104 Stat. 246; Pub. L. 101-520, title III, Sec. 323, Nov. 5, 1990, 104 Stat. 2285.) -MISC1- AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-520 substituted '1991' for '1990'. ------DocID 44033 Document 279 of 816------ -CITE- 40 USC Sec. 188c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188c. House of Representatives Fine Arts Board -STATUTE- (a) Establishment and authority There is established in the House of Representatives a Fine Arts Board (hereafter in sections 188c and 188c-1 of this title referred to as the 'Board'), comprised of the House of Representatives members of the Joint Committee on the Library. The chairman of the Committee on House Administration of the House of Representatives shall be the chairman of the Board. The Board, in consultation with the House Office Building Commission, shall have authority over all works of fine art, historical objects, and similar property that are the property of the Congress and are for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives. (b) Clerk of the House of Representatives Under the supervision and direction of the Board, the Clerk of the House of Representatives shall be responsible for the administration, maintenance, and display of the works of fine art and other property referred to in subsection (a) of this section. (c) Architect of the Capitol The Architect of the Capitol shall provide assistance to the Board and to the Clerk of the House of Representatives in the carrying out of their responsibilities under sections 188c and 188c-1 of this title. -SOURCE- (Pub. L. 100-696, title X, Sec. 1001, Nov. 18, 1988, 102 Stat. 4611.) ------DocID 44034 Document 280 of 816------ -CITE- 40 USC Sec. 188c-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 188c-1. Acceptance of gifts on behalf of the House of Representatives -STATUTE- The Board is authorized to accept, on behalf of the House of Representatives, gifts of works of fine art, historical objects, and similar property, including transfers from the United States Capitol Preservation Commission under section 188a-1 of this title, for display or other use in the House of Representatives wing of the Capitol, the House of Representatives Office Buildings, or any other location under the control of the House of Representatives. -SOURCE- (Pub. L. 100-696, title X, Sec. 1002, Nov. 18, 1988, 102 Stat. 4612.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188c of this title. ------DocID 44035 Document 281 of 816------ -CITE- 40 USC Sec. 189 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 189. Art exhibits -STATUTE- No work of art or manufacture other than the property of the United States shall be exhibited in the National Statuary Hall, the Rotunda, or the corridors of the Capitol. -SOURCE- (R.S. Sec. 1815; Mar. 3, 1875, ch. 130, 18 Stat. 376; Mar. 3, 1879, ch. 182, 20 Stat. 391.) -COD- CODIFICATION Section is based on act Mar. 3, 1879, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1879'. R.S. Sec. 1815 derived from act July 20, 1868, ch. 176, Sec. 6, 15 Stat. 110. ------DocID 44036 Document 282 of 816------ -CITE- 40 USC Sec. 190 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 190. Private studios and works of art -STATUTE- No room in the Capitol shall be used for private studios or works of art, without permission from the Joint Committee on the Library, given in writing; and it shall be the duty of the Architect of the Capitol to carry this provision into effect. -SOURCE- (Mar. 3, 1875, ch. 130, 18 Stat. 376.) ------DocID 44037 Document 283 of 816------ -CITE- 40 USC Sec. 190a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 190a. Omitted -COD- CODIFICATION Section, act Mar. 2, 1895, ch. 189, 28 Stat. 959, related to location of terminal of the conveying apparatus for rapid transmission of books, papers, and messages between Library of Congress and Capitol. ------DocID 44038 Document 284 of 816------ -CITE- 40 USC Sec. 190b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 190b. Location of reference library for Senate and House of Representatives -STATUTE- The rooms and space recently occupied by the Library of Congress in the Capitol building shall be divided into three stories, the third story of which shall be fitted up and used for a reference library for the Senate and House of Representatives, and that portion of the other two stories north of a line drawn east and west through the center of the Rotunda shall be used for such purpose as may be designated by the Senate of the United States, and that portion of the first and second stories south of said line shall be used for such purpose as may be designated by the House of Representatives. -SOURCE- (June 6, 1900, No. 33, 31 Stat. 719.) ------DocID 44039 Document 285 of 816------ -CITE- 40 USC Sec. 191 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 191. Repealed. Jan. 24, 1934, ch. 4, Sec. 34, 48 Stat. 336 -MISC1- Section, act Mar. 3, 1903, ch. 1012, Sec. 34, 32 Stat. 1221, prohibited sale of intoxicating liquors within limits of the Capitol Building. See the 'District of Columbia Alcoholic Beverage Control Act', chapter 1 (Sec. 25-101 et seq.) of Title 25, Alcoholic Beverages, of the District of Columbia Code. ------DocID 44040 Document 286 of 816------ -CITE- 40 USC Sec. 192 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 192. Omitted -COD- CODIFICATION Section, R.S. Sec. 1819; act Aug. 15, 1876, ch. 287, 19 Stat. 147, which extended to the Capitol Square the laws of the District of Columbia, was superseded by section 101 of this title. ------DocID 44041 Document 287 of 816------ -CITE- 40 USC Sec. 193 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193. Protection of buildings and property -STATUTE- The Sergeants at Arms of the Senate and of the House of Representatives are authorized to make such regulations as they may deem necessary for preserving the peace and securing the Capitol from defacement, and for the protection of the public property therein, and they shall have power to arrest and detain any person violating such regulations, until such person can be brought before the proper authorities for trial. -SOURCE- (R.S. Sec. 1820.) -COD- CODIFICATION R.S. Sec. 1820 derived from acts Mar. 30, 1867, ch. 20, Sec. 2, 15 Stat. 12; Apr. 29, 1876, ch. 86, 19 Stat. 41. Section is also set out in D.C. Code, Sec. 9-105. -MISC3- APPLICABILITY OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212a-2, and 212b of this title, see note set out under section 193a of this title. -CROSS- CROSS REFERENCES Policing of Capitol building and grounds, see section 212a of this title. Use of Capitol Grounds as playground prohibited, see section 214 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 188b-1 of this title. ------DocID 44042 Document 288 of 816------ -CITE- 40 USC Sec. 193a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193a. United States Capitol Grounds; area comprising; jurisdiction -STATUTE- The United States Capitol Grounds shall comprise all squares, reservations, streets, roadways, walks, and other areas as defined on a map entitled 'Map showing areas comprising United States Capitol Grounds', dated June 25, 1946, approved by the Architect of the Capitol and recorded in the Office of the Surveyor of the District of Columbia in book 127, page 8, including all additions added thereto by law subsequent to June 25, 1946, and the jurisdiction and control over the United States Capitol Grounds, vested prior to July 31, 1946 by law in the Architect of the Capitol, is extended to the entire area of the United States Capitol Grounds, and the Architect of the Capitol shall be responsible for the maintenance and improvement thereof, including those streets and roadways in said United States Capitol Grounds as shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia, except that the Mayor of the District of Columbia shall be responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines thereof: Constitution Avenue from Second Street Northeast to Third Street Northwest, First Street from D Street N.E. to D Street S.E., D Street from First Street S.E. to Canal Street S.W., and First Street from the north side of Louisiana Avenue to the intersection of C Street and Canal Street S.W., Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street: Provided, That the Mayor of the District of Columbia shall be permitted to enter any part of said United States Capitol Grounds for the purpose of repairing or maintaining or, subject to the approval of the Architect of the Capitol, for the purpose of constructing or altering, any utility service of the District of Columbia government. -SOURCE- (July 31, 1946, ch. 707, Sec. 1, 60 Stat. 718; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(a), 81 Stat. 275; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, title VII, Sec. 739(g)(7), 87 Stat. 789, 829; Oct. 10, 1980, Pub. L. 96-432, Sec. 2, 94 Stat. 1852.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-106. -MISC3- AMENDMENTS 1980 - Pub. L. 96-432 substituted 'Constitution Avenue from Second Street Northeast to Third Street Northwest' and 'C Street and Canal Street S.W., Pennsylvania Avenue Northwest from First Street Northwest to Third Street Northwest, Maryland Avenue Southwest from First Street Southwest to Third Street Southwest, Second Street Northeast from F Street Northeast to C Street Southeast; C Street Southeast from Second Street Southeast to First Street Southeast; that portion of Maryland Avenue Northeast from Second Street Northeast to First Street Northeast; that portion of New Jersey Avenue Northwest from D Street Northwest to Louisiana Avenue; that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street: Provided' for 'Constitution Avenue from First Street N.E. to Second Street N.W.' and 'C Street and Canal Street S.W.: Provided', respectively. 1973 - Pub. L. 93-198 substituted ', including those streets and roadways in said United States Capitol Grounds as shown on said map as being under the jurisdiction and control of the Commissioners of the District of Columbia, except that the Commissioner of the District of Columbia shall be responsible for the maintenance and improvement of those portions of the following streets which are situated between the curblines thereof: Constitution Avenue from First Street N.E. to Second Street N.W., First Street from D Street N.E. to D Street S.E., D Street from First Street S.E. to Canal Street S.W., and First Street from the north side of Louisiana Avenue to the intersection of C Street and Canal Street S.W.: Provided,' for ': Provided, That those streets and roadways as being under the jurisdiction and control of the Commissioner of the District of Columbia shall continue under such jurisdiction and control, and said Commissioner shall be responsible for the maintenance and improvement thereof: Provided further,'. 1967 - Pub. L. 90-108 inserted 'including all additions added thereto by law subsequent to June 25, 1946,' after 'book 127, page 8', and struck out 'as defined on the aforementioned map' after 'the entire area of the United States Capitol Grounds'. EFFECTIVE DATE OF 1980 AMENDMENT Section 4 of Pub. L. 96-432 provided that: 'The foregoing provisions of this Act (amending this section and enacting provisions set out as notes below) shall take effect upon the expiration of the thirty-day period following the date of the enactment of this Act (Oct. 10, 1980).' EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. EFFECTIVE DATE OF 1967 AMENDMENT Section 3 of Pub. L. 90-108 provided that: 'Prosecutions for violations of the Act of July 31, 1946 (60 Stat. 718; 40 U.S.C. 193a et seq.; D.C. Code 9-118 et seq. (9-106 et seq.)) (sections 193a to 193m, 212a, 212a-2, and 212b of this title) and of section 15 of the Act of July 29, 1892 (27 Stat. 325; D.C. Code 4-120 (4-116), 22-3111) (section 101 of this title), occurring prior to the enactment of these amendments (Oct. 20, 1967) shall not be affected by these amendments or abated by reason thereof. The provisions of this Act (amending sections 101, 193a, 193f, 193h and 193m of this title) shall be applicable to violations occurring after its enactment (Oct. 20, 1967).' -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'Commissioner' and for 'Commissioners' the second time appearing. -MISC5- EXTENSION OF UNITED STATES CAPITOL GROUNDS 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), 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.' Section 1 of Pub. L. 96-432 provided: 'That section 1 of the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended to include within the definition of the United States Capitol Grounds the following additional areas and portions of streets which are situated as follows: '(1) that portion of D Street Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; '(2) that portion of Second Street Northeast and Southeast from the south curb of F Street Northeast to the south curb of C Street Southeast; '(3) that portion of Constitution Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; '(4) that portion of Pennsylvania Avenue Northwest from the west curb of First Street Northwest to the east curb of Third Street Northwest; '(5) that portion of Maryland Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest; '(6) that portion of Constitution Avenue Northwest from the east curb of Second Street Northwest to the east curb of Third Street Northwest; '(7) that portion of Independence Avenue Southwest from the west curb of First Street Southwest to the east curb of Third Street Southwest; '(8) that portion of Maryland Avenue Northeast from the east curb of Second Street Northeast to the east curb of First Street Northeast; '(9) that portion of East Capitol Street from the east curb of Second Street Southeast to the east curb of First Street Southeast; '(10) that portion of Independence Avenue Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast; '(11) that portion of C Street Southeast from the east curb of Second Street Southeast to the east curb of First Street Southeast; '(12) that portion of North Capitol Street from the south curb of Massachusetts Avenue to the north curb of Louisiana Avenue; '(13) that portion of New Jersey Avenue Northwest from the north curb of D Street Northwest to the north curb of Louisiana Avenue; '(14) that portion of Second Street Southwest from the north curb of D Street to the south curb of Virginia Avenue Southwest; '(15) that portion of Virginia Avenue Southwest from the east curb of Second Street Southwest to the west curb of Third Street Southwest; '(16) that portion of Third Street Southwest from the south curb of Virginia Avenue Southwest to the north curb of D Street Southwest; '(17) that portion of D Street Southwest from the west curb of Third Street Southwest to the east curb of Second Street Southwest; '(18) that portion of Canal Street Southwest, including sidewalks and traffic islands, from the south curb of Independence Avenue Southwest to the west curb of South Capitol Street; and '(19) all that area contiguous to, and surrounding, square numbered 724 from the property line thereof to the contiguous curb; '(20) those areas contiguous to, and surrounding, the areas comprising the grounds of the United States Botanic Garden from the property line of such grounds to the contiguous curb; '(21) all that area contiguous to, and surrounding, the structures comprising the United States Capitol Power Plant, from the building lines of such structures to the contiguous curbs; and '(22) all that area contiguous to, and surrounding, square numbered 581 from the property line thereof to the contiguous curb.' Pub. L. 93-198, title VII, Sec. 739(g)(3), Dec. 24, 1973, 87 Stat. 828, effective Jan. 2, 1975, (title IV of Pub. L. 93-198 having been accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum conducted May 8, 1974), provided in part that the definition of United States Capitol Grounds should include the following streets: Independence Avenue from the west curb of First Street S.E. to the east curb of First Street S.W., New Jersey Avenue S.E. from the south curb of Independence Avenue to the north curb of D Street S.E., South Capitol Street from the south curb of Independence Avenue to the north curb of D Street; Delaware Avenue S.W. from the south curb of C Street S.W. to the North Curb of D Street S.W., C Street from the west curb of First Street S.E. to the intersection of First and Canal Streets, S.W., D Street from the west curb of First Street S.E. to the intersection of Canal Street and Delaware Avenue S.W., that part of First Street lying west of the outer face of the curb of the sidewalk on the east side thereof from D Street, N.E. to D Street S.E., that part of First Street within the east and west curblines thereof extending from the north side of Pennsylvania Avenue N.W. to the intersection of C Street and Canal Street S.W., including the two circles within such area, but that nothing in the inclusion of such streets should be construed as repealing, or otherwise altering, modifying, affecting, or superseding those provisions of law in effect prior to the vesting of authority in the United States Supreme Court police and Library of Congress police by title IV of Pub. L. 93-198 to make arrests in adjacent streets, including First Street N.E. and First Street S.E. JURISDICTION OF THE CAPITOL POLICE BOARD AND THE ARCHITECT OF THE CAPITOL Section 3 of Pub. L. 96-432 provided that: 'On and after the effective date of this section (see Effective Date of 1980 Amendment note set out above), 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 Section 6(a), (b) of Pub. L. 96-432 provided that: '(a) Notwithstanding any other provisions of this Act (enacting section 212a-1 of this title, amending this section, and enacting provisions set out as notes under sections 193a and 193d of this title), 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, 212a(, 212a-2,) and 212b), including any amendments thereto, which are applicable to the Capitol Buildings, and to the Act of March 4, 1907 (40 U.S.C. 175).' Sections 7-10 of Pub. L. 96-432 provided that: 'Sec. 7. (a) The Architect of the Capitol, under the direction of the House Office Building Commission, is hereby authorized to acquire, on behalf of the United States, by purchase, condemnation, transfer, or otherwise, for addition to the United States Capitol Grounds, all publicly or privately owned property contained in lot 49 in square 582; lot 70 in square 640; and lots 1, 2, 67, 79, 80, 800, 801, 807, 814 through 822, and 834 in square 693 in the District of Columbia (including all alleys or parts of alleys and streets within the lotlines and curblines surrounding such real property): Provided, That upon the acquisition of any such real property by the Architect of the Capitol on behalf of the United States, such property shall be subject to the provisions of the Act of July 31, 1946 (60 Stat. 718) (sections 193a to 193m, 212a, 212a-2, and 212b of this title and provisions set out as notes under sections 193a and 193h of this title) as amended in the same manner and to the same extent as all other areas comprising the United States Capitol Grounds. '(b) For the purposes of this section the properties authorized to be acquired hereunder, shall be deemed to extend to the outer face of the curbs of the squares in which they are located. '(c) There is hereby authorized to be appropriated to the Architect of the Capitol for the fiscal year ending September 30, 1981, the sum of $11,500,000 for the purpose of carrying out the provisions of this section, said appropriation to remain available until expended. 'Sec. 8. The acquisition of real property under this Act (enacting section 212a-1 of this title, amending this section, and enacting provisions set out as notes under sections 193a and 193d of this title) shall be conducted in accordance with the Act entitled 'Uniform Relocation Assistance and Land Acquisition Policies Act of 1970', Public Law 91-646, approved January 2, 1971 (42 U.S.C. 4601 et seq.), and any proceeding for condemnation brought in its course shall be conducted in accordance with the Act entitled 'An Act to provide for the acquisition of land in the District of Columbia for the use of the United States', approved March 1, 1929 (16 D.C. Code, secs. 1351-1368). 'Sec. 9. The Architect of the Capitol is authorized to enter into contracts and to make expenditures for grading and paving and such other expenditures, including expenditures for personal and other services, as may be necessary to carry out the purposes of section 7 of this Act. 'Sec. 10. Any contract entered into pursuant to this Act or pursuant to any amendment made by this Act shall be effective only to such extent and in such amounts as may be provided in advance in an appropriation Act.' SOUND AND LIGHT PERFORMANCE FOR THE RE-CREATION OF THE EVOLUTION OF AMERICAN HISTORY Pub. L. 93-226, Dec. 29, 1973, 87 Stat. 943, provided: '(Sec. 1. Study and report by the United States Capitol Historical Society on the desirability and feasibility of sound and light performance for the re-creation of the evolution of American History) That, notwithstanding any other provision of law, the United States Capitol Historical Society is authorized, under direction of the Architect of the Capitol, to prepare a feasibility study to determine the desirability of installing within the United States Capitol Grounds, at the east front of the United States Capitol, all items of equipment and other facilities required for a sound and light performance, consisting of an interplay of light, music, narrative, and sound effects (without the use of live actors), which, when projected onto the imposing facade of the east front of the United States Capitol, will re-create the evolution of American history, based on a foundation of thorough historical research, subject to the following conditions: '(1) Such study and all expenditures connected therewith will be borne by the United States Capitol Historical Society. '(2) Upon completion of such study, the United States Capitol Historical Society, at its expense, will furnish the Architect of the Capitol a report detailing the results of such study, installations, and programs proposed, and estimates of cost required to implement such project without expense to the United States, including maintenance and operating expenses. '(3) The project may not be implemented, beyond the report stage, except as provided in section 2 hereof. 'Sec. 2. (Review of the report by the Architect of the Capitol and recommendations to Congressional Officials; implementation of the project) The Architect of the Capitol shall review such report and submit the same, with his recommendations, to the Speaker and majority and minority leaders of the House of Representatives and to the United States Senate Commission on Art and Antiquities. 'If the project, as presented, with or without modifications, meets with the approval of such House and Senate officials, the Architect of the Capitol, notwithstanding any other provision of law, is authorized after such approval - '(1) To accept in the name of the United States from the United States Capitol Historical Society, as a gift, such sum or sums as may be required to further implement such project, and such sum or sums when received, shall be credited as an addition to the appropriation account 'Capitol Buildings, Architect of the Capitol'. '(2) Subject to section 3 hereof, to expend such sum or sums for all items of equipment and other facilities required for the sound and light performance, and for any other items in connection therewith. 'Sec. 3. (Authority to enter into contracts and make payments) The Architect of the Capitol, under the direction of the House and Senate officials designated in section 2 hereof, is authorized to enter into contracts and to incur such other obligations and make such expenditures as may be necessary to carry out the provisions of said section 2. 'Sec. 4. (Availability and use of appropriated funds) Sums received under this joint resolution, when credited as an addition to the appropriation account 'Capitol Buildings, Architect of the Capitol', shall be available for expenditure and shall remain available until expended. Following completion of the installation, such sums may thereafter be used by the Architect of the Capitol, in whole or in part, to defray any expenses which he may incur for maintenance and operation.' APPLICATION OF SECTIONS 193A TO 193L, 212A, AND 212B TO OTHER LAWS Section 16(b) of act July 31, 1946, provided that nothing in sections 193a to 193l, 212a, 212a-2, or 212b of this title shall be construed to repeal, amend, alter or supersede the following: (1) sections 185a, 193 and 214 of this title, and (2) section 101 of this title, except as provided in section 212a of this title. ADDITIONS TO UNITED STATES CAPITOL GROUNDS SUBSEQUENT TO JUNE 25, 1946 John W. McCormack Residential Page School, United States Capitol Grounds provisions applicable, see section 184a of this title. Green park area use pending development for permanent page school use, subject to United States Capitol Grounds provisions, see section 508 of Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1512, set out as a note under section 184a of this title. Senate Parking Facilities Site, acquisition of real property as site for parking facilities of Senate, subject to United States Capitol Grounds provisions, see section 508 of Pub. L. 92-607, ch. V, Oct. 31, 1972, 86 Stat. 1512, set out as a note under section 174b-1 of this title. ACQUISITION OF PROPERTY TO EXTEND ADDITIONAL SENATE OFFICE BUILDING Pub. L. 85-429, May 29, 1958, 72 Stat. 148 and Pub. L. 85-591, Aug. 6, 1958, 72 Stat. 495, authorized the Architect of the Capitol to acquire certain real property for purposes of extension of Additional Senate Office Building Site or for Additions to United States Capitol Grounds. ORDER OF THE HOUSE OFFICE BUILDING COMMISSION OCTOBER 17, 1967 WHEREAS, under authority of Section 1202 of Public Law 24, 84th Congress (69 Stat. 41), approved April 22, 1955, known as the 'Additional House Office Building Act of 1955', the Architect of the Capitol, at the direction of the House Office Building Commission, acquired during the period of 1955 to 1960, on behalf of the United States, by condemnation, seven squares in the District of Columbia, located south of Independence Avenue, in the vicinity of the United States Capitol Grounds, as a site for an additional office building and other necessary facilities for the House of Representatives and for additions to the United States Capitol Grounds; WHEREAS, under the aforesaid authority, the Architect of the Capitol, at the direction of the Commission, acquired in 1965 on behalf of the United States, through transfer from the Redevelopment Land Agency, Square 639, also located south of Independence Avenue, for an addition to the United States Capitol Grounds; WHEREAS, the aforesaid eight squares are identified and bound as follows: Square 635, bounded on the north by Independence Avenue, on the east by Delaware Avenue, on the west by First Street, on the south by C Street; Square 637, bounded on the north by C Street, on the east by South Capitol Street, on the west by Delaware Avenue, on the south by D Street; Square South of 635, bounded on the north by C Street, on the east by Delaware Avenue, on the west and south by Canal Street; Square 691, bounded on the north by C Street, on the east by New Jersey Avenue, on the west by South Capitol Street, on the south by D Street; Square 692, bounded on the north by C Street, on the east by First Street, on the west by New Jersey Avenue, on the south by D Street; Square 732 north, bounded on the north by Independence Avenue, on the east by Second Street, on the west by First Street, on the south by Carroll Street; Square 732 south, bounded on the north by Carroll Street, on the east by Second Street, on the west by First Street, on the south by C Street; and Square 639, bounded on the north by D Street, on the east by South Capitol Street, on the west and south by Canal Street; WHEREAS, title to all real property in these 8 squares is now vested in fee simple absolute in the United States of America; WHEREAS, subsequent to acquisition of these 8 squares, under the aforesaid authority, all alleys in these squares were closed and vacated, as were also Delaware Avenue between Independence Avenue and C Street and Carroll Street between First and Second Streets, by the Commissioners of the District of Columbia, and all areas between the property lines and outer faces of curbs surrounding these squares and Square 636 were transferred from the jurisdiction of the Commissioners of the District of Columbia to the jurisdiction of the Architect of the Capitol; WHEREAS, the Rayburn House Office Building has been constructed on Squares 635 and 636 (the latter square being already owned by the government and having been combined with Square 635 as a site for this building under the aforesaid authority), and the said building is now maintained by the Architect of the Capitol as a part of the House Office Buildings, and the sidewalks and other paved and grassed areas surrounding this building are now maintained as part of the Capitol Grounds; WHEREAS, underground garages for the House of Representatives have been constructed in Squares 637 and 691 and are now maintained by the Architect of the Capitol as part of the House Office Buildings, and the areas above these garages have been landscaped as a part of the Capitol Grounds; WHEREAS, Squares South of 635 and 639 have been developed as parking lots for automobiles for Members and employees of the House and are now maintained as part of the Capitol Grounds; WHEREAS, part of Square 692 is occupied by the Congressional Hotel, acquired by the Architect of the Capitol under the aforesaid authority and leased to the Knott Hotels Corporation for use as a hotel, and the remainder of this square has been converted into a parking lot for automobiles for Members and employees of the House and is now maintained as a part of the Capitol Grounds; WHEREAS, Squares 732 north and south were acquired as an addition to the Capitol Grounds, are now maintained as part of the Capitol Grounds, and will continue to be so maintained until such time as required for construction thereon of the Library of Congress James Madison Memorial Building, authorized by Public Law 89-260, approved October 19, 1965; WHEREAS, the aforesaid Additional House Office Building Act provides, in pertinent part, with respect to these properties, as follows: '* * * At such time or times as may be fixed by order of the House Office Building Commission, (1) any real property acquired under, or made available for the purposes of, this chapter shall become part of the United States Capitol Grounds and subject to the Act entitled 'An Act to define the area of the United States Capitol Grounds, to regulate the use thereof, and for other purposes', approved July 31, 1946 (40 U.S.C., secs. 193a - 193m, 212a, (212a-2,) and 212b), 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, 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, 212a, (212a-2,) and 212b), 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). 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, 212a, and 212b), including any amendments to such Act. 3. Nothing herein shall be construed to contravene (a) the provisions of Public Law 89-260 authorizing the future use of Squares 732 north and south as a site for the Library of Congress James Madison Memorial Building; or (b) the authority delegated by the House Office Building Commission to the Select House Committee under authority of H. Res. 514, 90th Congress, pertaining to the direction and supervision of the use and operation of the four House Garages and outdoor parking lots. 4. This order shall become effective immediately. HOUSE OFFICE BUILDING COMMISSION John W. McCormack, Chairman. Emanuel Celler, Member. Charles E. Goodell, Member. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71a, 136, 174b-1, 184a, 193h, 193i, 193k, 193l, 193m, 210, 212a of this title. ------DocID 44043 Document 289 of 816------ -CITE- 40 USC Sec. 193b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193b. Public use of Capitol Grounds -STATUTE- Public travel in and occupancy of said United States Capitol Grounds shall be restricted to the roads, walks, and places prepared for that purpose by flagging, paving, or otherwise. -SOURCE- (July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-108. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44044 Document 290 of 816------ -CITE- 40 USC Sec. 193c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193c. Obstruction of roads; conveyance of goods or merchandise; Capitol Grounds -STATUTE- It is forbidden to occupy the roads in said United States Capitol Grounds in such manner as to obstruct or hinder their proper use, or to use the roads in the area of said United States Capitol Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, for the conveyance of goods or merchandise, except to or from the Capitol on Government service. -SOURCE- (July 31, 1946, ch. 707, Sec. 3, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-109. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44045 Document 291 of 816------ -CITE- 40 USC Sec. 193d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193d. Sale of articles; signs; solicitation; Capitol Grounds -STATUTE- It is forbidden to offer or expose any article for sale in said United States Capitol Grounds; to display any sign, placard, or other form of advertisement therein; to solicit fares, alms, subscriptions, or contributions therein. -SOURCE- (July 31, 1946, ch. 707, Sec. 4, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-110. -MISC3- RELOCATION OF VENDORS; TEMPORARY SUSPENSION OF PROHIBITION OF SALE OF ARTICLES, ETC. Pub. L. 96-432, Sec. 6(c), Oct. 10, 1980, 94 Stat. 1853, provided that, in order to provide a fair and reasonable transition period in which to permit the orderly relocation of those duly licensed vendors operating, as of Oct. 10, 1980, on those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, hereby included in the definition of United States Capitol Grounds pursuant to section 1(4) and (5) (of Pub. L. 96-432, set out as a note under section 193a of this title), so much of the prohibitions contained in section 4 of the law of July 31, 1946 (60 Stat. 718) (this section), as would prevent the use of those portions of Pennsylvania Avenue Northwest, and Maryland Avenue Southwest, for the offer and exposure of articles for sale, be suspended for a period not to exceed one year. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a, 1205 of this title; title 2 section 121c. ------DocID 44046 Document 292 of 816------ -CITE- 40 USC Sec. 193e -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193e. Injuries to property; Capitol Grounds -STATUTE- It is forbidden to step or climb upon, 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 said United States Capitol Grounds. -SOURCE- (July 31, 1946, ch. 707, Sec. 5, 60 Stat. 718.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-111. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44047 Document 293 of 816------ -CITE- 40 USC Sec. 193f -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193f. Capitol Grounds and Buildings security -STATUTE- (a) Firearms, dangerous weapons, explosives, or incendiary devices It shall be unlawful for any person or group of persons - (1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board: (A) to carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or (B) to discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United States Capitol Grounds or within any of the Capitol Buildings; or (C) to transport by any means upon the United States Capitol Grounds or within any of the Capitol Buildings any explosive or incendiary device; or (2) Knowingly, with force and violence, to enter or to remain upon the floor of either House of the Congress. (b) Violent entry and disorderly conduct It shall be unlawful for any person or group of persons willfully and knowingly - (1) to enter or to remain upon the floor of either House of the Congress, to enter or to remain in any cloakroom or lobby adjacent to such floor, or to enter or to remain in the Rayburn Room of the House or the Marble Room of the Senate, 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; (2) to enter or to remain in the gallery of either House of the Congress in violation of rules governing admission to such gallery adopted by that House or pursuant to authorization given by that House; (3) to enter or to remain in any room within any of the Capitol Buildings set aside or designated for the use of either House of the Congress or any Member, committee, subcommittee, officer, or employee of the Congress or either House thereof with intent to disrupt the orderly conduct of official business; (4) to utter loud, threatening, or abusive language, or to engage in any disorderly or disruptive conduct, at any place upon the United States Capitol Grounds or within any of the Capitol Buildings with intent to impede, disrupt, or disturb the orderly conduct of any session of the Congress or either House thereof, or the orderly conduct within any such building of any hearing before, or any deliberations of, any committee or subcommittee of the Congress or either House thereof; (5) to obstruct, or to impede passage through or within, the United States Capitol Grounds or any of the Capitol Buildings; (6) to engage in any act of physical violence upon the United States Capitol Grounds or within any of the Capitol Buildings; or (7) to parade, demonstrate, or picket within any of the Capitol Buildings. (c) Exemption of Government officials Nothing contained in this section shall forbid any act of any Member of the Congress, or any employee of a Member of the Congress, any officer or employee of the Congress or any committee or subcommittee thereof, or any officer or employee of either House of the Congress or any committee or subcommittee thereof, which is performed in the lawful discharge of his official duties. -SOURCE- (July 31, 1946, ch. 707, Sec. 6, 60 Stat. 718; Aug. 6, 1962, Pub. L. 87-571, 76 Stat. 307; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(b), 81 Stat. 276.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-112. -MISC3- AMENDMENTS 1967 - Pub. L. 90-108 struck out prohibition covering discharge of fireworks, ignition of combustibles, and making of harangues and orations, removed provisions making special allowance for use of construction tools actuated by or employing explosive charges, and inserted provisions prohibiting carrying or ready access to firearms, dangerous weapons, explosives, or incendiary devices upon the United States Capitol Grounds or within any of the Capitol Buildings, expanding area within which discharge of firearms or explosives are prohibited so as to include the interior of the Capitol Buildings, adding ignition of incendiary devices and use of dangerous weapons to list of acts prohibited within such areas, prohibiting transport of explosive or incendiary devices and knowing entry or stay with force and violence upon the floor of either House of Congress, prohibiting disorderly and disruptive conduct on the floor of either House of Congress, cloakrooms, adjacent lobbies, the Rayburn Room of the House or the Marble Room of the Senate, the gallery of either House, and Committee rooms, and excepting members and employees of the Congress in the lawful discharge of their official duties. 1962 - Pub. L. 87-571 permitted use of tools actuated by or employing explosives in construction, if the tools are of a kind ordinarily used for such construction, the Architect of the Capitol has authorized their use after determining they will not endanger life or safety, and such use is in accordance with his rules and regulations. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-108 effective Oct. 20, 1967, see section 3 of Pub. L. 90-108, set out as a note under section 193a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44048 Document 294 of 816------ -CITE- 40 USC Sec. 193g -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193g. Parades or assemblages; display of flags; Capitol Grounds -STATUTE- It is forbidden to parade, stand, or move in processions or assemblages in said United States Capitol Grounds, or to display therein any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement, except as hereinafter provided in sections 193j and 193k of this title. -SOURCE- (July 31, 1946, ch. 707, Sec. 7, 60 Stat. 719.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-113. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193j, 193k, 193l, 193m, 212a of this title. ------DocID 44049 Document 295 of 816------ -CITE- 40 USC Sec. 193h -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193h. Prosecution and punishment of offenses -STATUTE- (a) Firearms, dangerous weapons, explosives, or incendiary device offenses Any violation of section 193f(a) of this title, and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding five years, or both. (b) Other offenses Any violation of section 193b, 193c, 193d, 193e, 193f(b), or 193g of this title, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding six months, or both. (c) Procedure Violations of sections 193a to 193m, 212a, 212a-2, and 212b of this title, including attempts or conspiracies to commit such violations, shall be prosecuted by the United States attorney or his assistants in the name of the United States. None of the general laws of the United States and none of the laws of the District of Columbia shall be superseded by any provision of said sections. Where the conduct violating said sections also violates the general laws of the United States or the laws of the District of Columbia, both violations may be joined in a single prosecution. Prosecution for any violation of section 193f(a) of this title or for conduct which constitutes a felony under the general laws of the United States or the laws of the District of Columbia shall be in the United States District Court for the District of Columbia. All other prosecutions for violations of said sections may be in the Superior Court of the District of Columbia. Whenever any person is convicted of a violation of said sections and of the general laws of the United States or the laws of the District of Columbia, in a prosecution under this subsection, the penalty which may be imposed for such violation is the highest penalty authorized by any of the laws for violation of which the defendant is convicted. -SOURCE- (July 31, 1946, ch. 707, Sec. 8, 60 Stat. 719; July 8, 1963, Pub. L. 88-60, Sec. 1, 7, 77 Stat. 77, 78; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(c), 81 Stat. 277; July 29, 1970, Pub. L. 91-358, title I, Sec. 155(a), 84 Stat. 570.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-114. -MISC3- AMENDMENTS 1967 - Pub. L. 90-108 struck out provisions setting a blanket punishment of not exceeding $100 or imprisonment not exceeding 60 days for offenses against sections 193b to 193g of this title, with prosecution for such offenses to be had in the District of Columbia Court of General Sessions upon information by the United States Attorney or any of his assistants and raising the imprisonment to not more than five years in cases where public property is damaged in an amount exceeding $100 and inserted provisions dividing the offenses into felonies and misdemeanors with different punishments for each and setting out the procedures to be followed in the prosecution for such felonies or misdemeanors, including provisions when the conduct involved violates both the general laws of the United States and the District of Columbia in addition to sections 193a to 193m, 212a, 212a-2, and 212b, of this title. -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' was changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provides that such change is effective the first day of the seventh calendar month which begins after July 29, 1970. 'District of Columbia Court of General Sessions' was the designation given to the 'Municipal Court for the District of Columbia' by Pub. L. 88-60, Sec. 1, 7, July 8, 1963, 77 Stat. 77, 78, which provided that, eff. Jan. 1, 1963, whenever reference is made in any Act of Congress to the 'Municipal Court for the District of Columbia', such reference shall be held to be a reference to the 'District of Columbia Court of General Sessions.' -MISC4- EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-108 effective Oct. 20, 1967, see section 3 of Pub. L. 90-108, set out as a note under section 193a of this title. OFFENSES COMMITTED PRIOR TO JULY 31, 1946 Section 15 of act July 31, 1946, provided that: 'Any violation of any of the provisions of said Acts hereby repealed (sections 194 to 205 and 213 of this title), occurring before the date of this repeal (July 31, 1946), may be prosecuted to the same extent as if this Act (enacting sections 193a to 193m, 212a, 212a-2, and 212b of this title) had not been enacted.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44050 Document 296 of 816------ -CITE- 40 USC Sec. 193i -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193i. Assistance to authorities by Capitol employees -STATUTE- It shall be the duty of all persons employed in the service of the Government in the Capitol or in the United States Capitol Grounds to prevent, as far as may be in their power, offenses against sections 193a to 193m, 212a, 212a-2, and 212b of this title, and to aid the police, by information or otherwise, in securing the arrest and conviction of offenders. -SOURCE- (July 31, 1946, ch. 707, Sec. 10, 60 Stat. 719.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-123. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193k, 193l, 193m, 212a of this title. ------DocID 44051 Document 297 of 816------ -CITE- 40 USC Sec. 193j -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193j. Suspension of prohibitions against use of grounds -STATUTE- In order to admit of the due observance within the United States Capitol Grounds of occasions of national interest becoming the cognizance and entertainment of Congress, the President of the Senate and the Speaker of the House of Representatives, acting concurrently, are authorized to suspend for such proper occasions so much of the prohibitions contained in sections 193b to 193g of this title as would prevent the use of the roads and walks of the said grounds by processions or assemblages, and the use upon them of suitable decorations, music, addresses, and ceremonies: Provided, That responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of said President of the Senate and Speaker of the House of Representatives, for the maintenance of suitable order and decorum in the proceedings, and for guarding the Capitol and its grounds from injury. -SOURCE- (July 31, 1946, ch. 707, Sec. 11, 60 Stat. 719.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-124. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193g, 193h, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44052 Document 298 of 816------ -CITE- 40 USC Sec. 193k -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193k. Power of Capitol Police Board to suspend prohibitions -STATUTE- In the absence from Washington of either of the officers, designated in section 193j of this title, the authority therein given to suspend certain prohibitions of sections 193a to 193m, 212a, 212a-2, and 212b of this title shall devolve upon the other, and in the absence from Washington of both it shall devolve upon the Capitol Police Board: Provided, That notwithstanding the provisions of sections 193g and 193j of this title, the Capitol Police Board is authorized to grant the Mayor of the District of Columbia authority to permit the use of Louisiana Avenue for any of the purposes prohibited by section 193g of this title. -SOURCE- (July 31, 1946, ch. 707, Sec. 12, 60 Stat. 719; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-125. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193g, 193h, 193i, 193l, 193m, 212a of this title. ------DocID 44053 Document 299 of 816------ -CITE- 40 USC Sec. 193l -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193l. Concerts on grounds -STATUTE- Nothing in sections 193a to 193k, 212a, and 212a-2 of this title shall be construed to prohibit the giving of concerts in the United States Capitol Grounds, at such times as will not interfere with the Congress, by any band in the service of the United States, when and as authorized by the Architect of the Capitol. -SOURCE- (July 31, 1946, ch. 707, Sec. 13, 60 Stat. 720.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-126. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193k, 193m, 212a of this title. ------DocID 44054 Document 300 of 816------ -CITE- 40 USC Sec. 193m -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193m. Definitions -STATUTE- As used in sections 193a to 193m, 212a, 212a-2, and 212b of this title - (1) The term 'Capitol Buildings' means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all subways and enclosed passages connecting two or more of such structures, and the real property underlying and enclosed by any such structure. (2) The term 'firearm' shall have the same meaning as when used in section 901(3) of title 15. (3) The term 'dangerous weapon' includes all articles enumerated in section 14(a) of the Act of July 8, 1932 (47 Stat. 654, as amended; D.C. Code, sec. 22-3214(a)) and also any device designed to expel or hurl a projectile capable of causing injury to persons or property, daggers, dirks, stilettoes, and knives having blades over three inches in length. (4) The term 'explosive' shall have the same meaning as when used in section 121(1) of title 50. (5) The term 'act of physical violence' means any act involving (1) an assault or any other infliction or threat of infliction of death or bodily harm upon any individual, or (2) damage to or destruction of any real property or personal property. -SOURCE- (July 31, 1946, ch. 707, Sec. 16(a), 60 Stat. 721; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(d), 81 Stat. 277.) -REFTEXT- REFERENCES IN TEXT Section 901(3) of title 15, referred to in par. (2), was repealed by Pub. L. 90-351, title IX, Sec. 906, June 19, 1968, 82 Stat. 234. For regulation of firearms, see chapter 44 (Sec. 921 et seq.) of Title 18, Crimes and Criminal Procedure. Section 121 of title 50, referred to in par. (4), was repealed by Pub. L. 91-452, title XI, Sec. 1106(a), Oct. 15, 1970, 84 Stat. 960. For regulation of explosives, see chapter 40 (Sec. 841 et seq.) of Title 18. -COD- CODIFICATION Section is comprised of subsection (a) of section 16 of act of July 31, 1946. Subsection (b) of section 16 is set out as a note under section 193a of this title. Section is also set out in D.C. Code, Sec. 9-128. -MISC3- AMENDMENTS 1967 - Pub. L. 90-108 struck out provision exempting inside of Capitol Buildings from applicability of sections 193a to 193l, 212a, 212a-2, and 212b of this title, enlarged definition of 'Capitol Buildings' to include garages, subways and enclosed passages and the real property underlying and enclosed by certain enumerated structures, and defined 'firearm', 'dangerous weapon', 'explosive', and 'act of physical violence'. EFFECTIVE DATE OF 1967 AMENDMENT Amendment by Pub. L. 90-108 effective Oct. 20, 1967, see section 3 of Pub. L. 90-108, set out as a note under section 193a of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 71a, 136, 174b-1, 184a, 193h, 193i, 193k, 210, 212a of this title. ------DocID 44055 Document 301 of 816------ -CITE- 40 USC Sec. 193m-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193m-1. Audit for private organizations conducting activities or performing services in or on United States Capitol Buildings or Grounds; report to Congress -STATUTE- Any private organization, except political parties and committees constituted for 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, which performs services or conducts activities in or on the United States Capitol Buildings or Grounds, as defined by or pursuant to law, shall be subject, for each year in which it performs such services or conducts such activities, to a special audit of its accounts which shall be conducted by the General Accounting Office. The results of such audit shall be reported by the Comptroller General to the Senate and House of Representatives. -SOURCE- (Pub. L. 91-510, title IV, Sec. 451, Oct. 26, 1970, 84 Stat. 1193.) -MISC1- EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1205 of this title; title 36 section 1213. ------DocID 44056 Document 302 of 816------ -CITE- 40 USC Sec. 193n -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193n. Smithsonian Institution; policing of buildings and grounds -STATUTE- Subject to section 5375 of title 5, the Secretary of the Smithsonian Institution and the Trustees of the National Gallery of Art, or their authorized representatives, may designate employees of their respective agencies as special policemen, without additional compensation for duty in connection with the policing of the respective buildings and grounds specified in section 193v of this title. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 1, 65 Stat. 634; June 30, 1969, Pub. L. 91-34, Sec. 2(c), 83 Stat. 41.) -COD- CODIFICATION Reference to section 5375 of title 5 substituted in text for section 5365 of title 5 on authority of Pub. L. 95-454, Sec. 801(a)(3)(A)(ii), Oct. 13, 1978, 92 Stat. 1221, which redesignated sections 5361 through 5365 of title 5 as sections 5371 through 5375 of title 5. -MISC3- AMENDMENTS 1969 - Pub. L. 91-34 inserted provision that appointive power of Secretary and Trustees be subject to section 5365 of title 5. EFFECTIVE DATE OF 1969 AMENDMENT Amendment by Pub. L. 91-34 effective at beginning of first pay period which commences on or after June 30, 1969, see section 3(a) of Pub. L. 91-34, set out as an Effective Date note under section 5375 of Title 5, Government Organization and Employees. REDUCTION OF BASIC PAY RATE Rate of basic pay not to be reduced by reason of the enactment of Pub. L. 91-34, which amended this section, see section 3(b) of Pub. L. 91-34, set out as a note under section 5375 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193t, 193v, 193r, 193x of this title. ------DocID 44057 Document 303 of 816------ -CITE- 40 USC Sec. 193o -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193o. Public use of Smithsonian grounds -STATUTE- Public travel in and occupancy of the specified grounds is restricted to the sidewalks and other paved surfaces, except in the National Zoological Park. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 2, 65 Stat. 634.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title. ------DocID 44058 Document 304 of 816------ -CITE- 40 USC Sec. 193p -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193p. Sale of articles; signs; solicitation; Smithsonian grounds -STATUTE- It shall be unlawful for anyone other than an authorized employee or concessionaire to offer or expose any article for sale within the specified buildings or grounds; or to display any sign, placard, or other form of advertisement; or to solicit alms, subscriptions, or contributions therein. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 3, 65 Stat. 634.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title. ------DocID 44059 Document 305 of 816------ -CITE- 40 USC Sec. 193q -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193q. Injury to property; Smithsonian grounds -STATUTE- It shall be unlawful for anyone other than an authorized employee to touch or handle objects of art or scientific or historical objects on exhibition, or for anyone to step or climb upon, remove, or in any way injure any object of art, exhibit, including exhibit animals, equipment, seat, wall, fountain, or other erection or architectural feature, or any tree, shrub, plant, or turf, within the specified buildings or grounds. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 4, 65 Stat. 634.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193r, 193s, 193t, 193u, 193v, 193x of this title. ------DocID 44060 Document 306 of 816------ -CITE- 40 USC Sec. 193r -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193r. Additional protective regulations; publication; Smithsonian grounds -STATUTE- (a) In addition to the restrictions and requirements specified in sections 193o to 193q of this title, the Secretary of the Smithsonian Institution and the Trustees of the National Gallery of Art may prescribe for their respective agencies such regulations as are deemed necessary for the adequate protection of the specified buildings and grounds and of persons and property therein, and for 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) All regulations promulgated under the authority of this section shall be printed in the Federal Register and shall not become effective until the expiration of ten days after the date of such publication. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 5, 65 Stat. 634; Aug. 1, 1964, Pub. L. 88-391, Sec. 1, 78 Stat. 365.) -MISC1- AMENDMENTS 1964 - Subsec. (a). Pub. L. 88-391 inserted 'and all other areas in the District of Columbia under their control'. -CROSS- CROSS REFERENCES Power to arrest of special police, see section 193t of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 193s, 193t, 193v of this title. ------DocID 44061 Document 307 of 816------ -CITE- 40 USC Sec. 193s -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193s. Prosecution and punishment; Smithsonian grounds -STATUTE- Whoever violates any provision of sections 193o to 193q of this title, or any regulation prescribed under section 193r of this title, shall be fined not more than $100 or imprisoned not more than sixty days, or both, prosecution for such offenses to be had in the Superior Court of the District of Columbia, upon information by the United States attorney or any of his assistants: Provided, That in any case where, in the commission of such offense, property is damaged in an amount exceeding $100, the amount of the fine for the offense may be not more than $5,000, the period of imprisonment for the offense may be not more than five years and prosecution shall be had in the United States District Court for the District of Columbia by indictment, or if the defendant, after he has been advised of the nature of the charge and of his rights, waives in open court prosecution by indictment, by information by the United States attorney or any of his assistants. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 6, 65 Stat. 635; Oct. 23, 1962, Pub. L. 87-873, Sec. 1, 76 Stat. 1171; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; July 29, 1970, Pub. L. 91-358, title I, Sec. 155(a), 84 Stat. 570.) -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' substituted for 'Municipal Court for the District of Columbia' pursuant to Pub. L. 87-873 and Pub. L. 88-60 which both redesignated 'Municipal Court for the District of Columbia' as 'District of Columbia Court of General Sessions'. 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provides that such change is effective first day of seventh calendar month which begins after July 29, 1970. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44062 Document 308 of 816------ -CITE- 40 USC Sec. 193t -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193t. Police power; Smithsonian grounds -STATUTE- The special police provided for in section 193n of this title shall have the power, within the specified buildings and grounds, to enforce and make arrests for violations of any provision of sections 193o to 193q of this title, of any regulation prescribed under section 193r of this title, or of any law of the United States or of any State or any regulation promulgated pursuant thereto, and they may be furnished, without charge, with uniforms and such other equipment as may be necessary for the proper performance of their duties, including badges, revolvers, and ammunition. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 7, 65 Stat. 635; Aug. 1, 1964, Pub. L. 88-391, Sec. 2, 78 Stat. 365.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-391 authorized furnishing without charge of uniforms and other necessary equipment including badges, revolvers, and ammunition. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44063 Document 309 of 816------ -CITE- 40 USC Sec. 193u -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193u. Suspension of regulations; Smithsonian grounds -STATUTE- In order to permit authorized services, training programs, and ceremonies within the specified buildings and grounds, the Secretary of the Smithsonian Institution or the Trustees of the National Gallery of Art or their designated representatives may suspend for their respective agencies so much of the prohibitions contained in sections 193o to 193q of this title as may be necessary for the occasion or circumstance, but only if responsible officers shall have been appointed, and arrangements determined which are adequate, in the judgment of the Secretary of the Smithsonian Institution or the Trustees of the National Gallery of Art or their designees, for the maintenance of suitable order and decorum in the proceedings, and for the protection of the specified buildings and grounds and of persons and property therein. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 8, 65 Stat. 635.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44064 Document 310 of 816------ -CITE- 40 USC Sec. 193v -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193v. 'Buildings and grounds' defined -STATUTE- For the purpose of sections 193n to 193x of this title 'buildings and grounds' shall mean - (1) The Smithsonian Institution and its grounds which shall be construed to include the following: (A) the Smithsonian Building, the Arts and Industries Building, the Freer Gallery of Art Building, the Air and Space Building, the Museum of Natural History, the National Museum of American History Building, and all other buildings of the Smithsonian Institution within the Mall, including the entrance walks, unloading areas, and other pertinent service roads and parking areas; (B) the National Zoological Park comprising all the buildings, streets, service roads, walks, and other areas within the boundary fence of the National Zoological Park in the District of Columbia and including the public space between the said fence and the face of the curb lines of the adjacent city streets; and (C) all buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) which shall hereafter be acquired by the Smithsonian Institution by gift, purchase, exchange of Government-owned land, or otherwise, when determined by the Secretary of the Institution to be necessary for the adequate protection of persons or property therein and suitable for administration as a part of the Smithsonian Institution. (2) The National Gallery of Art and its grounds, which shall be held to extend (A) to the line of the face of the south curb of Constitution Avenue Northwest, between Seventh Street Northwest, and Fourth Street Northwest, to the line of the face of the west curb of Fourth Street Northwest, between Constitution Avenue Northwest, and Madison Drive Northwest; to the line of the face of the north curb of Madison Drive Northwest, between Fourth Street Northwest, and Seventh Street Northwest; and to the line of the face of the east curb of Seventh Street Northwest, between Madison Drive Northwest, and Constitution Avenue Northwest; (B) to the line of the face of the south curb of Pennsylvania Avenue Northwest, between Fourth Street and Third Street Northwest, to the line of the face of the west curb of Third Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest, to the line of the face of the north curb of Madison Drive Northwest, between Third Street and Fourth Street Northwest, and to the line of the face of the east curb of Fourth Street Northwest, between Pennsylvania Avenue and Madison Drive Northwest. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 9, 65 Stat. 635; Aug. 1, 1964, Pub. L. 88-391, Sec. 3, 78 Stat. 366; July 5, 1968, Pub. L. 90-376, Sec. 3, 82 Stat. 286; Oct. 13, 1980, Pub. L. 96-441, Sec. 3, 94 Stat. 1884.) -MISC1- AMENDMENTS 1968 - Par. (2). Pub. L. 90-376 designated existing provisions as cl. (A) and added cl. (B). 1964 - Pub. L. 88-391 amended section generally, and among other changes, redescribed buildings and grounds of the Smithsonian Institution and provided for inclusion of future acquisitions of land and buildings. -CHANGE- CHANGE OF NAME 'National Museum of American History' substituted for 'Museum of History and Technology' in par. (1)(A), effective Oct. 14, 1980, pursuant to section 3 of Pub. L. 96-441 which is set out as a note under section 71 of Title 20, Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193n of this title. ------DocID 44065 Document 311 of 816------ -CITE- 40 USC Sec. 193w -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193w. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 660 -MISC1- Section, act Oct. 24, 1951, ch. 559, Sec. 10, as added Sept. 23, 1959, Pub. L. 86-379, Sec. 1, 73 Stat. 702, provided for the classification of positions on National Zoological Park police force. Such provisions were reenacted in section 5109(c) of Title 5, Government Organization and Employees, by Pub. L. 89-554, and were later repealed by Pub. L. 91-34, Sec. 2(b), June 30, 1969, 83 Stat. 41. Pub. L. 89-554 also repealed sections 2 and 3 of Pub. L. 86-379, which prescribed the effective date of Pub. L. 86-379 and provided for certain pay adjustments. ------DocID 44066 Document 312 of 816------ -CITE- 40 USC Sec. 193x -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 193x. Enforcement power of special police -STATUTE- The special police provided for in section 193n of this title are authorized to enforce concurrently with the United States Park Police the laws and regulation applicable to the National Capital Parks, and to make arrests for violations of sections 193o to 193q 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 aforementioned buildings are located. -SOURCE- (Oct. 24, 1951, ch. 559, Sec. 11, as added Aug. 1, 1964, Pub. L. 88-391, Sec. 4, 78 Stat. 366.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 193v of this title. ------DocID 44067 Document 313 of 816------ -CITE- 40 USC Sec. 194 to 205 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 194 to 205. Repealed. July 31, 1946, ch. 707, Sec. 15, 60 Stat. 720 -MISC1- Section 194, acts July 1, 1882, ch. 258, Sec. 1, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 881, 31 Stat. 1333, related to public use of Capitol grounds. See section 193b of this title. Section 195, acts July 1, 1882, ch. 258, Sec. 2, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 882, 31 Stat. 1333, related to obstruction of roads in Capitol grounds. See section 193c of this title. Section 196, acts July 1, 1882, ch. 258, Sec. 3, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 883, 31 Stat. 1333, related to sale of articles in Capitol grounds. See section 193d of this title. Section 197, acts July 1, 1882, ch. 258, Sec. 4, 22 Stat. 126; Mar. 3, 1901, ch. 854, Sec. 884, 31 Stat. 1333, related to injury to property in Capitol grounds. See section 193e of this title. Section 198, acts July 1, 1882, ch. 258, Sec. 5, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 885, 31 Stat. 1333, related to firearms or fireworks in Capitol grounds. See section 193f of this title. Section 199, acts July 1, 1882, ch. 258, Sec. 6, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 886, 31 Stat. 1333, related to parades or assemblages in Capitol grounds. See section 193g of this title. Section 200, acts July 1, 1882, ch. 258, Sec. 7, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 887, 31 Stat. 1333, related to prosecution and punishment of offenses on Capitol grounds. See section 193h of this title. Section 201, acts July 1, 1882, ch. 258, Sec. 8, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 888, 31 Stat. 1334, related to arrests in Capitol grounds. See section 212a of this title. Section 202, acts July 1, 1882, ch. 258, Sec. 9, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 889, 31 Stat. 1334, related to aid in enforcement by Capitol employees. See section 193i of this title. Section 203, acts July 1, 1882, ch. 258, Sec. 10, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 890, 31 Stat. 1334, related to suspension of regulations respecting Capitol grounds. See section 193j of this title. Section 204, acts July 1, 1882, ch. 258, Sec. 11, 22 Stat. 127; Mar. 3, 1901, ch. 854, Sec. 890, 31 Stat. 1334, related to authority of Capitol Police Commission to suspend regulations. See section 193k of this title. Section 205, act June 6, 1900, ch. 791, 31 Stat. 613, related to concerts in Capitol grounds. See section 193l of this title. OFFENSES COMMITTED PRIOR TO JULY 31, 1946 Prosecution of offenses committed prior to repeal of sections 194 to 205, see section 15 of act July 31, 1946, set out as a note under section 193h of this title. ------DocID 44068 Document 314 of 816------ -CITE- 40 USC Sec. 206 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206. Capitol Police; appointment; Chief of the Capitol Police -STATUTE- There shall be a Capitol police. There shall be a captain of the Capitol police and such other members with such rates of compensation, respectively, as may be appropriated for by Congress from year to year. The captain and lieutenants shall be selected jointly by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives; and one-half of the privates shall be selected by the Sergeant at Arms of the Senate and one-half by the Sergeant at Arms of the House of Representatives. The Capitol Police shall be headed by a Chief who shall be appointed by the Capitol Police Board and shall serve at the pleasure of the Board. -SOURCE- (R.S. Sec. 1821; Apr. 28, 1902, ch. 594, 32 Stat. 124; June 28, 1943, ch. 173, title I, 57 Stat. 230; Dec. 20, 1979, Pub. L. 96-152, Sec. 1(a), 93 Stat. 1099.) -COD- CODIFICATION Section is a composite of provisions cited in the credits. R.S. Sec. 1821 derived from acts Mar. 2, 1867, ch. 167, Sec. 2, 14 Stat. 466; Mar. 3, 1873, ch. 226, 17 Stat. 488. -MISC3- AMENDMENTS 1979 - Pub. L. 96-152 inserted last sentence providing that the Capitol Police be headed by a Chief who shall be appointed by the Capitol Police Board and who shall serve at the pleasure of the Board. EFFECTIVE DATE OF 1979 AMENDMENT Section 7 of Pub. L. 96-152 provided that: 'This Act (enacting section 206-1 of this title and amending this section) shall take effect on the first day of the second month after the month in which this Act is enacted (Dec. 1979).' SELECTION OF PRIVATES Similar provisions as to the selection of privates were contained in the following acts: June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 389. May 18, 1937, ch. 223, 50 Stat. 178. Apr. 17, 1936, ch. 233, 49 Stat. 1223. July 8, 1935, ch. 374, 49 Stat. 468. May 30, 1934, ch. 372, 48 Stat. 826. Feb. 28, 1933, ch. 134, 47 Stat. 1359. June 30, 1932, ch. 314, 47 Stat. 390. Feb. 20, 1931, ch. 234, 46 Stat. 1182. June 6, 1930, ch. 407, 46 Stat. 512. Feb. 28, 1929, ch. 367, 45 Stat. 1394. May 14, 1928, ch. 551, 45 Stat. 524. Feb. 23, 1927, ch. 168, 44 Stat. 1154. May 13, 1926, ch. 294, 44 Stat. 545. Mar. 4, 1925, ch. 549, 43 Stat. 1294. June 7, 1924, ch. 303, 43 Stat. 586. Feb. 20, 1923, ch. 98, 42 Stat. 1272. Mar. 20, 1922, ch. 103, 42 Stat. 422. CAPITOL POLICE POSITIONS UNDER THE SENATE Section 116 of Pub. L. 97-51, Oct. 1, 1981, 95 Stat. 963, which is classified to section 61f-7 of Title 2, The Congress, abolished all statutory positions in Office of the Sergeant at Arms and Doorkeeper of the Senate, and authorized the Sergeant at Amrs and Doorkeeper of the Senate to establish such numbers of positions as he deems appropriate and fix the compensation of employees to fill the positions so established. Previously, Capitol Police positions under the Senate were authorized by the following acts: Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 765. May 4, 1977, Pub. L. 95-26, title I, 91 Stat. 81. July 25, 1975, Pub. L. 94-59, title I, 89 Stat. 271. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 425. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 530. July 9, 1971, Pub. L. 92-51, 85 Stat. 127. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 809. July 23, 1968, Pub. L. 90-417, 82 Stat. 399. July 28, 1967, Pub. L. 90-57, 81 Stat. 128. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 355. July 31, 1958, Pub. L. 85-570, 72 Stat. 440. Mar. 28, 1958, Pub. L. 85-352, ch. VI, 72 Stat. 57. June 27, 1956, ch. 453, 70 Stat. 357. July 31, 1947, ch. 414, 61 Stat. 695. July 1, 1946, ch. 530, 60 Stat. 391. CAPITOL POLICE POSITIONS UNDER THE HOUSE OF REPRESENTATIVES Capitol Police positions under the House of Representatives were authorized by the following acts: House Resolution No. 294, One Hundred First Congress, Nov. 17, 1989, made permanent law Nov. 5, 1990, Pub. L. 101-520, title I, Sec. 103, 104 Stat. 2262. House Resolution No. 320, Ninety-ninth Congress, Nov. 14, 1985, made permanent law by section 102 of H.R. 5203 (see House Report 99-805 as filed in the House on Aug. 15, 1986), and incorporated by reference in section 101(j) of Pub. L. 99-500, Oct. 18, 1986, 100 Stat. 1783-287, and section 101(j) of Pub. L. 99-591, Oct. 30, 1986, 100 Stat. 3341-287, as amended by Pub. L. 100-71, title I, July 11, 1987, 101 Stat. 425, to be effective as if enacted into law. House Resolution No. 343, Ninety-eighth Congress, Oct. 26, 1983, made permanent law July 17, 1984, Pub. L. 98-367, title I, Sec. 103, 98 Stat. 479. House Resolution No. 625, Ninety-seventh Congress, Dec. 9, 1982, made permanent law July 14, 1983, Pub. L. 98-51, title I, Sec. 110, 97 Stat. 269. House Resolution No. 244, Ninety-seventh Congress, Dec. 16, 1981, made permanent law by section 109 of S. 2939, Ninety-seventh Congress, 2d Session, as reported Sept. 22, 1982, and incorporated by reference in section 101(e) of Pub. L. 97-276, Oct. 2, 1982, 96 Stat. 1189, to be effective as if enacted into law. House Resolution No. 229, Ninety-sixth Congress, May 4, 1979, made permanent law by section 101 of H.R. 7593, as passed the House of Representatives July 21, 1980, and incorporated by reference in section 101(c) of Pub. L. 96-536, Dec. 16, 1980, 94 Stat. 3167, to be effective as if enacted into law. House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law Sept. 30, 1978, Pub. L. 95-391, title I, Sec. 111, 92 Stat. 777. House Resolution No. 360, Ninety-fourth Congress, Mar. 26, 1975, made permanent law July 25, 1975, Pub. L. 94-59, title II, Sec. 201, 89 Stat. 282. House Resolution No. 398, Ninety-third Congress, June 4, 1973, made permanent law Jan. 3, 1974, Pub. L. 93-245, ch. VI, 87 Stat. 1079. House Resolution No. 449, Ninety-second Congress, June 2, 1971, made permanent law Dec. 15, 1971, Pub. L. 92-184, ch. IV, 85 Stat. 636. House Resolution No. 1293, Ninety-first Congress, Dec. 17, 1970, as readopted and continued with respect to the Ninety-second Congress without break in application and effect by section 1 of House Resolution No. 150, Ninety-second Congress, Jan. 25, 1971, made permanent law July 9, 1971, Pub. L. 92-51, Sec. 103, 85 Stat. 144. House Resolution No. 1211, Ninetieth Congress, Oct. 11, 1968, made permanent law Dec. 12, 1969, Pub. L. 91-145, Sec. 103, 83 Stat. 359. House Resolution No. 464, Ninetieth Congress, May 11, 1967, made permanent law July 9, 1968, Pub. L. 90-392, title I, 82 Stat. 318. House Resolution No. 796, Eighty-ninth Congress, June 29, 1966, made permanent law Oct. 27, 1966, Pub. L. 89-697, ch. VI, 80 Stat. 1063. House Resolution No. 648, Eighty-eighth Congress, June 2, 1964, made permanent law July 9, 1971, Pub. L. 92-51, Sec. 103, 85 Stat. 144. House Resolution No. 448, Eighty-fourth Congress, May 8, 1956, made permanent law June 27, 1956, ch. 453, Sec. 103, 70 Stat. 370. July 1, 1946, ch. 530, 60 Stat. 395. DIRECTOR OF EMPLOYMENT PRACTICES UNDER CAPITOL POLICE BOARD House Resolution No. 420, One Hundred First Congress, June 26, 1990, made permanent law by Pub. L. 101-520, title I, Sec. 105, Nov. 5, 1990, 104 Stat. 2262, established the position of Director of Employment Practices with respect to members of the Capitol Police, at the appropriate rate of pay under level HS-11 of the House Employees Schedule, with payment from contingent fund of the House of Representatives or from amounts appropriated for the Capitol Police, such appointment to be made by the Capitol Police Board, subject to prior approval of the Committee on House Administration, without regard to political affiliation and solely on basis of fitness to perform functions of the position. GENERAL COUNSEL TO CHIEF OF CAPITOL POLICE House Resolution No. 661, Ninety-fifth Congress, July 29, 1977, made permanent law by Pub. L. 95-391, title I, Sec. 111, Sept. 30, 1978, 92 Stat. 777, established the position of General Counsel to the Chief of the Capitol Police, for duty under the House of Representatives, at a per annum gross rate of compensation which is equal to the rate in effect from time to time for HS level 10, step 1, of the House Employees Schedule, such appointment to be made by the Capitol Police Board, subject to the prior approval of the Committee on House Administration, without regard to political affiliation and solely on the basis of fitness to perform the dutes of the position. -CROSS- CROSS REFERENCES Library of Congress special police, see section 167 of Title 2, The Congress. Removal or suspension of Capitol police officer, see section 208 of this title. Secret Service Uniformed Division, see section 202 et seq. of Title 3, The President. Supreme Court Police, see section 13f of this title. ------DocID 44069 Document 315 of 816------ -CITE- 40 USC Sec. 206-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206-1. Capitol Police; compensation of Chief -STATUTE- The Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5. -SOURCE- (Pub. L. 96-152, Sec. 1(c), Dec. 20, 1979, 93 Stat. 1099.) -MISC1- EFFECTIVE DATE Section effective Feb. 1, 1980, see section 7 of Pub. L. 96-152, set out as an Effective Date of 1979 Amendment note under section 206 of this title. ------DocID 44070 Document 316 of 816------ -CITE- 40 USC Sec. 206a to 206a-8 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206a to 206a-8. Omitted -COD- CODIFICATION Sections, which related to establishment of additional positions on the Capitol Police for duty under the House of Representatives, were based on House Resolutions that were made permanent law, and have been omitted as of limited interest. These House Resolutions and the acts that made them permanent law are listed in a note set out under section 206 of this title. ------DocID 44071 Document 317 of 816------ -CITE- 40 USC Sec. 206b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206b. Emergency duty overtime pay for Capitol Police from funds disbursed by the Clerk of the House of Representatives -STATUTE- (a) Entitlement of officer or member Each officer or member of the United States Capitol Police force - (1) whose pay is disbursed by the Clerk of the House of Representatives; and (2) who performs duty in addition to the number of hours of his regularly scheduled tour of duty beginning on or after July 1, 1974; is entitled (subject to such rules and regulations as the Capitol Police Board may prescribe) to receive compensation as a result of performing such duty pursuant to the order of proper authority, or to receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to receive such compensation only upon a determination of the Capitol Police Board with respect to the additional hours of duty of such officer. (b) Determination of rate of compensation Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to - (1) in the case of an officer, his hourly rate of compensation; or (2) in the case of a member, one and one-half times his hourly rate of compensation. The hourly rate of compensation of an officer or member shall be determined by dividing the annual rate of compensation of the officer or member by 2,080. (c) Written election by officer for compensation or compensatory time off for additional hours of duty Any officer or member entitled to receive compensation for additional hours of duty shall make a written election with respect to his additional hours of duty which shall designate whether such officer or member desires to receive - (1) compensation for additional hours of duty; or (2) compensatory time off for additional hours of duty subject to approval of the Chief and the Capitol Police Board. (d) Certification procedure for additional compensation Compensation which officers and members are entitled to receive under this section shall be made upon certification by the Chief of the Capitol Police at the end of each calendar quarter to the Capitol Police Board, and upon the transmission of approval from the Capitol Police Board to the Committee on House Administration of the House of Representatives. (e) Transfer of accrued compensatory time off or receipt of lump-sum payment upon termination of service No officer or member may, upon the termination of his service as an officer or member of the United States Capitol Police force, transfer accrued compensatory time off for application with respect to his employment by any other department, agency, or establishment of the Federal Government or the District of Columbia. No officer or employee may, upon such termination, receive any lump-sum payment with respect to such accrued compensatory time off. (f) Definitions For purposes of this section - (1) the term 'officer' includes all personnel of the rank of lieutenant or higher, including inspector; and (2) the term 'member' includes all personnel below the rank of lieutenant, including detectives. (g) Contingent fund of House available for payment of overtime pay There shall be paid out of the contingent fund of the House of Representatives, until otherwise provided by law, such sums as may be necessary to make payments of overtime pay under the provisions of this section. -SOURCE- (Pub. L. 92-184, ch. IV, Dec. 15, 1971, 85 Stat. 636; Pub. L. 93-245, ch. VI, Sec. 600, Jan. 3, 1974, 87 Stat. 1079; Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) -COD- CODIFICATION Section is based on sections 3 and 5 of House Resolution No. 449, June 2, 1971, which was enacted into permanent law by Pub. L. 92-184, as amended by House Resolution No. 398, June 4, 1973, eff. Jan. 3, 1974, which was enacted into permanent law by Pub. L. 93-245, and House Resolution No. 1309, Oct. 10, 1974, eff. Dec. 27, 1974, which was enacted into permanent law by Pub. L. 93-554. Subsec. (g) of this section was originally enacted as section 3 of House Res. No. 1309 and has been editorially redesignated as subsec. (g) in view of the enactment into permanent law of section 5 of House Res. No. 449 as the concluding paragraph of original section. ------DocID 44072 Document 318 of 816------ -CITE- 40 USC Sec. 206c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 206c. Emergency duty overtime pay for Capitol Police from funds disbursed by Secretary of the Senate; compensatory time off in place of additional pay; election, accrual and transfer of time off; rules and regulations -STATUTE- Each officer or member of the Capitol Police force whose compensation is disbursed by the Secretary of the Senate, who performs duty in addition to the number of hours of his regularly scheduled tour of duty for any day on or after July 1, 1974, is entitled to be paid compensation (when ordered to perform such duty by proper authority) or receive compensatory time off for each such additional hour of duty, except that an officer shall be entitled to such compensation only upon a determination made by the Capitol Police Board with respect to any additional hours. Compensation of an officer or member for each additional hour of duty shall be paid at a rate equal to his hourly rate of compensation in the case of an officer, and at a rate equal to one and one-half times his hourly rate of compensation for a member of such force. The hourly rate of compensation of such officer or member shall be determined by dividing his annual rate of compensation by 2,080. Any officer or member entitled to be paid compensation for such additional hours shall make a written election, which is irrevocable, whether he desires to be paid that compensation or to receive compensatory time off instead for each such hour. Compensation due officers and members under this paragraph shall be paid by the Secretary, upon certification by the Chief of the Capitol Police at the end of each calendar quarter and approval of the Capitol Police Board, from funds available in the Senate appropriation, 'Salaries, Officers and Employees' for the fiscal year in which the additional hours of duty are performed without regard to the limitations specified therein. Any compensatory time off accrued and not used by an officer or member at the time he is separated from service on the Capitol Police force may not be transferred to any other department, agency, or establishment of the United States Government or the government of the District of Columbia, and no lump-sum amount shall be paid for such accrued time. The Capitol Police Board is authorized to prescribe regulations to carry out this section. -SOURCE- (Pub. L. 92-51, July 9, 1971, 85 Stat. 130; Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371, Sec. 5, Aug. 13, 1974, 88 Stat. 430.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-371 generally amended provisions relating to payment of emergency duty overtime pay and inserted provisions relating to election by officers or members entitled to compensation for additional duty of either payment of such compensation or compensatory time off in place of any additional pay, and provisions setting forth duties of the Capitol Police Board with respect to approval of additional compensation payments and promulgation of rules and regulations for implementing this section, effective July 1, 1974. 1973 - Pub. L. 93-145 inserted 'inspectors,' before 'captains'. ------DocID 44073 Document 319 of 816------ -CITE- 40 USC Sec. 207 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 207. Payment of Capitol Police -STATUTE- The said police shall be paid on the order of the Sergeant at Arms of the Senate and the Sergeant at Arms of the House, or of either of them. -SOURCE- (R.S. Sec. 1822.) -COD- CODIFICATION Provisions of R.S. Sec. 1822 relating to composition and pay rates of the Capitol police were omitted as obsolete and superseded. R.S. Sec. 1822 derived from acts Mar. 30, 1867, ch. 20, Sec. 1, 15 Stat. 11; Mar. 3, 1871, ch. 113, Sec. 1, 16 Stat. 477. -CROSS- CROSS REFERENCES Pay during suspension, see section 209 of this title. ------DocID 44074 Document 320 of 816------ -CITE- 40 USC Sec. 208 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 208. Suspension of Capitol Police members -STATUTE- The captain of the Capitol police may suspend any member of the force, subject to the approval of the two Sergeants at Arms and of the Architect of the Capitol. -SOURCE- (R.S. Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.) -COD- CODIFICATION R.S. Sec. 1823 derived from acts Mar. 3, 1873, ch. 226, 17 Stat. 488; June 20, 1874, ch. 328, 18 Stat. 86; Mar. 3, 1875, ch. 129, 18 Stat. 345. -CHANGE- CHANGE OF NAME Change of name of Architect of the Capitol, functions abolished, transferred etc., by prior acts, see Codification and Prior Provisions notes set out under section 161 of this title. ------DocID 44075 Document 321 of 816------ -CITE- 40 USC Sec. 209 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 209. Pay of Capitol Police members under suspension -STATUTE- On and after March 3, 1875, whenever a member of the Capitol police or watch force is suspended from duty for cause, said policeman or watchman shall receive no compensation for the time of such suspension if he shall not be reinstated. -SOURCE- (Mar. 3, 1875, ch. 129, 18 Stat. 345.) -COD- CODIFICATION Section is based on a proviso in act Mar. 3, 1875, popularly known as the 'Legislature, Executive, and Judicial Appropriation Act, fiscal year 1876'. ------DocID 44076 Document 322 of 816------ -CITE- 40 USC Sec. 210 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 210. Uniform, belts and arms; Capitol Police -STATUTE- The Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives shall select and regulate the pattern for a uniform for the Capitol police and watchmen, and furnish each member of the force with the necessary belts and arms, payable out of the contingent fund of the Senate and House of Representatives upon the certificate of the officers above named. Such arms so furnished shall be carried by each officer and member of the Capitol Police, while in the Capitol Buildings (as defined in section 193m(a)(1) of this title), and while within or outside of the boundaries of the United States Capitol Grounds (as defined in section 193a of this title), in such manner and at such times as the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives may, by regulations, prescribe. -SOURCE- (R.S. Sec. 1824; Pub. L. 92-607, ch. V, Sec. 507, Oct. 31, 1972, 86 Stat. 1508; Pub. L. 95-26, title I, Sec. 112, May 4, 1977, 91 Stat. 87.) -COD- CODIFICATION R.S. Sec. 1824 derived from act Mar. 30, 1867, ch. 20, Sec. 1, 15 Stat. 11. -MISC3- AMENDMENTS 1977 - Pub. L. 95-26 struck out 'at a cost not to exceed twenty dollars per man,' after 'furnish each member of the force with the necessary belts and arms,'. 1972 - Pub. L. 92-607 directed that the arms be carried in the Capitol Buildings and within and without the boundaries of the United States Capitol Grounds according to regulations prescribed by the Sergeant at Arms of the Senate and the Sergeant at Arms of the House of Representatives. ------DocID 44077 Document 323 of 816------ -CITE- 40 USC Sec. 210a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 210a. Uniforms to display United States flag or colors -STATUTE- (a) The uniform of officers and members of the United States Park Police force, the United States Secret Service Uniformed Division, the Capitol Police, and the Metropolitan Police force of the District of Columbia shall bear a distinctive patch, pin, or other emblem depicting the flag of the United States or the colors thereof. (b) The Secretary of the Interior in the case of the United States Park Police force, the Secretary of the Treasury in the case of the United States Secret Service Uniformed Division, the Capitol Police Board in the case of the Capitol Police, and the Mayor of the District of Columbia in the case of the Metropolitan Police force shall prescribe such regulations as may be necessary to carry out the purposes of this section. -SOURCE- (Pub. L. 91-297, title II, Sec. 201(a), (b), June 30, 1970, 84 Stat. 357; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789; Pub. L. 95-179, Nov. 15, 1977, 91 Stat. 1371.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 4-127. -MISC3- AMENDMENTS 1977 - Pub. L. 95-179 substituted 'United States Secret Service Uniformed Division' for 'Executive Protective Service' wherever appearing. EFFECTIVE DATE Section 201(c) of Pub. L. 91-297 provided that: 'This section (enacting this section) shall take effect one hundred and eighty days after the date of enactment of this title (June 30, 1970).' -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. ------DocID 44078 Document 324 of 816------ -CITE- 40 USC Sec. 211 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 211. Uniform; at whose expense; Capitol Police -STATUTE- The members of the Capitol police shall furnish, at their own expense, each his own uniform, which shall be in exact conformity to that required by regulation of the Sergeants at Arms. -SOURCE- (R.S. Sec. 1825.) -COD- CODIFICATION R.S. Sec. 1825 derived from act July 20, 1868, ch. 176, Sec. 1, 15 Stat. 94. ------DocID 44079 Document 325 of 816------ -CITE- 40 USC Sec. 212 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212. Wearing uniform on duty; Capitol Police -STATUTE- The officers, privates, and watchmen of the Capitol police shall, when on duty, wear the regulation uniform. -SOURCE- (Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.) -MISC1- SIMILAR PROVISIONS The text of this section was taken from act Mar. 18, 1904, popularly known as the 'Legislative, Executive and Judicial Appropriation Act for the fiscal year ending June 30, 1905'. The provisions have not been repeated since that act, but were contained in the following prior appropriation acts: Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 857. Mar. 3, 1901, ch. 830, Sec. 1, 31 Stat. 963. ------DocID 44080 Document 326 of 816------ -CITE- 40 USC Sec. 212a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a. Policing of Capitol Buildings and Grounds; powers of Capitol Police; arrests by Capitol Police for crimes of violence; arrests by District of Columbia police -STATUTE- The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That for the fiscal year for which appropriations are made by this Act the Capitol Police shall have the additional authority to make arrests within the District of Columbia for crimes of violence, as defined in section 16 of title 18, committed within the Capitol Buildings and Grounds and shall have the additional authority to make arrests, without a warrant, for crimes of violence, as defined in section 16 of title 18, committed in the presence of any member of the Capitol Police performing official duties: Provided further, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violation of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word 'grounds' shall include the House Office Buildings parking areas and that part or parts of property which have been or hereafter are acquired in the District of Columbia by the Architect of the Capitol, or by an officer of the Senate or the House, by lease, purchase, intergovernment transfer, or otherwise, for the use of the Senate, the House, or the Architect of the Capitol. -SOURCE- (July 31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Dec. 24, 1973, Pub. L. 93-198, title VII, Sec. 739(g)(4), (5), 87 Stat. 829; Nov. 5, 1990, Pub. L. 101-520, title I, Sec. 106(a), 104 Stat. 2264.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, probably means Pub. L. 101-520, Nov. 5, 1990, 104 Stat. 2254, known as the Legislative Branch Appropriations Act, 1991, which amended this section generally. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-115. -MISC3- AMENDMENTS 1990 - Pub. L. 101-520, which directed that the 'Act of July 31, 1946, as amended (40 U.S.C. Sec. 212a), is amended to read as follows:' was executed by amending this section generally, to reflect the probable intent of Congress. Prior to amendment, section read as follows: 'The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of sections 193a to 193m, 212a, 212a-2, and 212b of this title and regulations promulgated under section 212b of this title, and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the United States, of the District of Columbia, or of any State, or any regulation promulgated pursuant thereto: Provided, That the Metropolitan Police force of the District of Columbia are authorized to make arrests within the United States Capitol Buildings and Grounds for any violations of any such laws or regulations, but such authority shall not be construed as authorizing the Metropolitan Police force, except with the consent or upon the request of the Capitol Police Board, to enter such buildings to make arrests in response to complaints or to serve warrants or to patrol the United States Capitol Buildings and Grounds. For the purpose of this section, the word 'grounds' shall include the House Office Building parking area.' 1973 - Pub. L. 93-198 inserted reference to violations of any law of the District of Columbia and struck out ', with the exception of the streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioners of the District of Columbia' after 'or to patrol the United States Capitol Buildings and Grounds'. EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. JURISDICTION OF UNITED STATES CAPITOL POLICE OVER TEMPORARY PARKING AREAS DURING CONSTRUCTION OF JUDICIARY ANNEX BUILDING Pub. L. 101-302, title III, Sec. 313, May 25, 1990, 104 Stat. 245, provided that: '(a) The supervision and jurisdiction of the United States Capitol Police shall extend over any area with respect to which the Architect of the Capitol has contracted, or otherwise entered into an agreement, for parking space in the Union Station parking garage to accommodate personnel of the United States Senate whose parking privileges have been affected by the construction of the Judiciary Annex Building, and over any area and streets necessary to carry out such supervision and to travel between such parking area and the United States Capitol Grounds. '(b) In carrying out such supervision, the United States Capitol Police shall have, within any such area or street, jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for such personnel and property of such personnel and of the United States Senate within such area or street, and to make arrests for the violation of the laws and regulations of the United States and the District of Columbia. '(c) The provisions of subsections (a) and (b) shall be effective only during the period that there is in effect a contract or other agreement as referred to in subsection (a).' EXTENSION OF UNITED STATES CAPITOL POLICE SUPERVISION Pub. L. 95-175, Nov. 14, 1977, 91 Stat. 1362, provided: 'That the supervision of the United States Capitol Police shall extend over that part or parts of the premises located at 600 Pennsylvania Avenue, Southeast, Washington, District of Columbia, leased by the Office of Technology Assessment. In carrying out such supervision, the United States Capitol Police shall have within such part or parts jurisdiction, concurrent with that of the Metropolitan Police of the District of Columbia, to provide security for the personnel and property of the Office of Technology Assessment within such leased premises, and to make arrest therein for the violation of the laws and regulations of the United States and the District of Columbia.' POLICE MOTOR VEHICLES USED BY INSTRUCTOR PERSONNEL WHILE ON ASSIGNMENT TO FEDERAL LAW ENFORCEMENT TRAINING CENTER Pub. L. 95-26, title I, Sec. 113, May 4, 1977, 91 Stat. 87, provided that: 'The Chairman of the Capitol Police Board is authorized, subject to such conditions as he may impose, to authorize the assignment of a police motor vehicle for use by instructor personnel of the Capitol Police Force while assigned to the Federal Law Enforcement Training Center.' -CROSS- CROSS REFERENCES Definition of Capitol buildings, see section 193m of this title. Sergeants at Arms of Senate and House of Representatives, power to arrest and detain persons violating certain regulations, see section 193 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193l, 193m of this title. ------DocID 44081 Document 327 of 816------ -CITE- 40 USC Sec. 212a-1 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a-1. Capitol grounds and Library of Congress grounds; detail of police -STATUTE- The Capitol Police Board is authorized to detail police from the House Office, Senate Office, and Capitol Buildings for police duty on the Capitol Grounds and on the Library of Congress Grounds. -SOURCE- (Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94 Stat. 1853.) -COD- CODIFICATION Provisions of this section were enacted as permanent law in Pub. L. 96-432. Similar fiscal year provisions were contained in the appropriation acts cited below and have not been repeated since 1983. -MISC3- SIMILAR PROVISIONS Provisions similar to this section were contained in the following appropriation acts: July 14, 1983, Pub. L. 98-51, title I, Sec. 112, 97 Stat. 271. Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e) (S. 2939, title I), 96 Stat. 1189. Oct. 10, 1981, Pub. L. 97-51, Sec. 101(c) (H.R. 4120, title I), 95 Stat. 959. Dec. 16, 1980, Pub. L. 96-536, Sec. 101(c) (H.R. 7593, title I), 94 Stat. 3167. Sept. 30, 1978, Pub. L. 95-391, title I, 92 Stat. 780. Aug. 5, 1977, Pub. L. 95-94, title I, 91 Stat. 671. Oct. 1, 1976, Pub. L. 94-440, title III, 90 Stat. 1451. July 25, 1975, Pub. L. 94-59, title III, 89 Stat. 285. Aug. 13, 1974, Pub. L. 93-371, 88 Stat. 436. Nov. 1, 1973, Pub. L. 93-145, 87 Stat. 539. July 10, 1972, Pub. L. 92-342, 86 Stat. 441. July 9, 1971, Pub. L. 92-51, 85 Stat. 136. Aug. 18, 1970, Pub. L. 91-382, 84 Stat. 817. Dec. 12, 1969, Pub. L. 91-145, 83 Stat. 350. July 23, 1968, Pub. L. 90-417, 82 Stat. 406. July 28, 1967, Pub. L. 90-57, 81 Stat. 135. Aug. 27, 1966, Pub. L. 89-545, 80 Stat. 363. July 27, 1965, Pub. L. 89-90, 79 Stat. 275. Aug. 20, 1964, Pub. L. 88-454, 78 Stat. 544. Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 811. Oct. 2, 1962, Pub. L. 87-730, Sec. 104, 76 Stat. 694. Aug. 10, 1961, Pub. L. 87-130, Sec. 104, 75 Stat. 334. July 12, 1960, Pub. L. 86-628, Sec. 104, 74 Stat. 460. Aug. 21, 1959, Pub. L. 86-176, Sec. 104, 73 Stat. 412. July 31, 1958, Pub. L. 85-570, Sec. 104, 72 Stat. 453. July 1, 1957, Pub. L. 85-75, Sec. 104, 71 Stat. 256. June 27, 1956, ch. 453, Sec. 104, 70 Stat. 370. Aug. 5, 1955, ch. 568, Sec. 104, 69 Stat. 520. July 2, 1954, ch. 455, title I, Sec. 104, 68 Stat. 409. Aug. 1, 1953, ch. 304, title I, Sec. 106, 67 Stat. 332. July 9, 1952, ch. 598, Sec. 106, 66 Stat. 478. Oct. 11, 1951, ch. 485, Sec. 106, 65 Stat. 403. Sept. 6, 1950, ch. 896, Sec. 106, 64 Stat. 608. June 22, 1949, ch. 235, Sec. 106, 63 Stat. 230. June 14, 1948, ch. 467, Sec. 106, 62 Stat. 437. July 17, 1947, ch. 262, Sec. 106, 61 Stat. 377. July 1, 1946, ch. 530, Sec. 106, 60 Stat. 408. June 13, 1945, ch. 189, Sec. 106, 59 Stat. 259. June 26, 1944, ch. 277, title I, Sec. 105, 58 Stat. 354. June 28, 1943, ch. 173, title I, 57 Stat. 230. June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. ------DocID 44082 Document 328 of 816------ -CITE- 40 USC Sec. 212a-2 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212a-2. Protection of Members of Congress, officers of Congress, and members of their families -STATUTE- (a) Authority of the Capitol Police Subject to the direction of the Capitol Police Board, the United States Capitol Police is authorized to protect, in any area of the United States, the person of any Member of Congress, officer of the Congress, as defined in section 60-1(b) of title 2, and any member of the immediate family of any such Member or officer, if the Capitol Police Board determines such protection to be necessary. (b) Detail of police In carrying out its authority under this section, the Capitol Police Board, or its designee, is authorized, in accordance with regulations issued by the Board pursuant to this section, to detail, on a case-by-case basis, members of the United States Capitol Police to provide such protection as the Board may determine necessary under this section. (c) Arrest of suspects In the performance of their protective duties under this section, members of the United States Capitol Police are authorized (1) to make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and (2) to utilize equipment and property of the Capitol Police. (d) Fines and penalties Whoever knowingly and willfully obstructs, resists, or interferes with a member of the Capitol Police engaged in the performance of the protective functions authorized by this section, shall be fined not more than $300 or imprisoned not more than one year, or both. (e) Construction of provisions Nothing contained in this section shall be construed to imply that the authority, duty, and function conferred on the Capitol Police Board and the United States Capitol Police are in lieu of or intended to supersede any authority, duty, or function imposed on any Federal department, agency, bureau, or other entity, or the Metropolitan Police of the District of Columbia, involving the protection of any such Member, officer, or family member. (f) 'United States' defined As used in this section, the term 'United States' means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States. -SOURCE- (July 31, 1946, ch. 707, Sec. 9A, as added Dec. 29, 1981, Pub. L. 97-143, Sec. 1(a), 95 Stat. 1723.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193k, 193l, 193m, 212a of this title. ------DocID 44083 Document 329 of 816------ -CITE- 40 USC Sec. 212b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 212b. Regulation of traffic by Capitol Police Board -STATUTE- (a) Exclusive charge and control of all vehicular and other traffic The Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, shall have exclusive charge and control of the regulation and movement of all vehicular and other traffic, including the parking and impounding of vehicles and limiting the speed thereof, within the United States Capitol Grounds; and said Board is authorized and empowered to make and enforce all necessary regulations therefor and to prescribe penalties for violation of such regulations, such penalties not to exceed a fine of $300 or imprisonment for not more than ninety days. Notwithstanding the foregoing provisions of this section those provisions of the District of Columbia Traffic Act of 1925, as amended (D.C. Code, Sec. 40-301 et seq. and 40-701 et seq.), for the violation of which specific penalties are provided in said Act, as amended, shall be applicable to the United States Capitol Grounds. Prosecutions for violation of such regulations shall be in the Superior Court of the District of Columbia, upon information by the Corporation Counsel of the District of Columbia or any of his assistants. (b) Promulgation of regulations Regulations authorized to be promulgated under this section shall be promulgated by the Capitol Police Board and such regulations may be amended from time to time by the Capitol Police Board whenever it shall deem it necessary: Provided, That until such regulations are promulgated and become effective, the traffic regulations of the District of Columbia shall be applicable to the United States Capitol Grounds. (c) Printing of regulations and effective dates All regulations promulgated under the authority of this section shall, when adopted by the Capitol Police Board, be printed in one or more of the daily newspapers published in the District of Columbia, and shall not become effective until the expiration of ten days after the date of such publication, except that whenever the Capitol Police Board deems it advisable to make effective immediately any regulation relating to parking, diverting of vehicular traffic, or the closing of streets to such traffic, the regulation shall be effective immediately upon placing at the point where it is to be in force conspicuous signs containing a notice of the regulation. Any expenses incurred under this subsection shall be payable from the appropriation 'Uniforms and Equipment, Capitol Police'. (d) Cooperation with Mayor of District of Columbia It shall be the duty of the Mayor of the District of Columbia, or any officer or employee of the government of the District of Columbia designated by said Mayor upon request of the Capitol Police Board, to cooperate with the Board in the preparation of the regulations authorized to be promulgated under this section, and any future amendments thereof. -SOURCE- (July 31, 1946, ch. 707, Sec. 14, 60 Stat. 720; July 11, 1947, ch. 221, Sec. 1, 2, 61 Stat. 308; Oct. 23, 1962, Pub. L. 87-873, Sec. 1, 76 Stat. 1171; July 8, 1963, Pub. L. 88-60, Sec. 1, 77 Stat. 77; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; July 29, 1970, Pub. L. 91-358, title I, Sec. 155(a), 84 Stat. 570; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, title VII, Sec. 739(g)(6), 87 Stat. 789, 829.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Traffic Act of 1925, as amended, referred to in subsec. (a), is act Mar. 3, 1925, ch. 443, 43 Stat. 1119, as amended, which appears in chapter 3 (Sec. 40-301 et seq.) and chapter 7 (Sec. 40-701 et seq.) of Title 40, Motor Vehicles, of the District of Columbia Code. -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-127. -MISC3- AMENDMENTS 1973 - Subsec. (a). Pub. L. 93-198, Sec. 739(g)(6), struck out ', except on those streets and roadways shown on the map referred to in section 193a of this title as being under the jurisdiction and control of the Commissioner of the District of Columbia'. 1947 - Subsec. (b). Act July 11, 1947, Sec. 1, struck out reference to six months after July 31, 1946, as the time for promulgation of regulations and authorized amendment of regulations. Subsec. (c). Act July 11, 1947, Sec. 2, authorized certain traffic regulations to be effective immediately upon placing conspicuous signs containing notice of regulations at the places affected thereby and inserted provision for payment of expenses. -CHANGE- CHANGE OF NAME 'District of Columbia Court of General Sessions' changed to 'Superior Court of the District of Columbia' pursuant to Pub. L. 91-358, which provided that such change is effective first day of seventh calendar month which begins after July 29, 1970. Pub. L. 87-873, Sec. 1, Oct. 23, 1962, 76 Stat. 1171 and Pub. L. 88-60, Sec. 1, July 8, 1963, 77 Stat. 77, both redesignated the 'Municipal Court for the District of Columbia' as the 'District of Columbia Court of General Sessions'. -MISC4- EFFECTIVE DATE OF 1973 AMENDMENT Section 771 of Pub. L. 93-198 provided that the amendment made by Pub. L. 93-198 is effective on Jan. 2, 1975, if a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum accepted the charter set out in title IV of Pub. L. 93-198, Dec. 24, 1973, 87 Stat. 785. The charter was approved by the voters on May 7, 1974. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3, of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (d) for 'commissioner'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 136, 174b-1, 184a, 193h, 193i, 193m, 212a of this title. ------DocID 44084 Document 330 of 816------ -CITE- 40 USC Sec. 213 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 213. Repealed. July 31, 1946, ch. 707, Sec. 15, 60 Stat. 720 -MISC1- Section, act May 28, 1896, ch. 252, 29 Stat. 143, related to policing of Capitol buildings and grounds. See section 212a of this title. OFFENSES COMMITTED PRIOR TO JULY 31, 1946 Prosecution of offenses committed prior to repeal of section, see section 15 of act July 31, 1946, set out as a note under section 193h of this title. ------DocID 44085 Document 331 of 816------ -CITE- 40 USC Sec. 213a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 213a. Omitted -COD- CODIFICATION Section, act July 1, 1946, ch. 530, Sec. 106, 60 Stat. 408, which authorized the Capitol Police Board to detail police for duty on the Capitol grounds, was omitted as not repeated in subsequent appropriation acts. See section 212a of this title. Similar provisions were contained in the following prior appropriation acts: June 13, 1945, ch. 189, Sec. 106, 59 Stat. 259. June 26, 1944, ch. 277, title I, Sec. 105, 58 Stat. 354. June 28, 1943, ch. 173, title I, 57 Stat. 230. June 8, 1942, ch. 396, 56 Stat. 340. July 1, 1941, ch. 268, 55 Stat. 456. June 18, 1940, ch. 396, 54 Stat. 471. June 16, 1939, ch. 208, 53 Stat. 831. May 17, 1938, ch. 236, 52 Stat. 390. ------DocID 44086 Document 332 of 816------ -CITE- 40 USC Sec. 214 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 214. Protection of grounds -STATUTE- It shall be the duty of the Capitol police on and after April 29, 1876, to prevent any portion of the Capitol Grounds and terraces from being used as playgrounds or otherwise, so far as may be necessary to protect the public property, turf and grass from destruction or injury. -SOURCE- (Apr. 29, 1876, ch. 86, 19 Stat. 41.) -COD- CODIFICATION Section is also set out in D.C. Code, Sec. 9-107. -MISC3- APPLICABILITY OF OTHER LAWS Section as unaffected by sections 193a to 193l, 212a, 212a-2, and 212b of this title, see note under section 193a of this title. ------DocID 44087 Document 333 of 816------ -CITE- 40 USC Sec. 214a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 214a. Omitted -COD- CODIFICATION Section, Pub. L. 89-698, title IV, Sec. 401, Oct. 29, 1966, 80 Stat. 1072; 1967 Reorg. Plan No. 3, Sec. 401, eff. Aug. 11, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789, authorized the Architect of the Capitol to permit the Mayor of the District of Columbia to operate for recreational purposes only the land known as Square 732 in the District of Columbia as long as such land is not required for building or other purposes by the Architect. Pub. L. 89-260, Oct. 19, 1965, 79 Stat. 987, as amended, set out as a note under section 141 of Title 2, The Congress, authorized the construction in square 732 of the Library of Congress James Madison Memorial Building. Funds for construction were appropriated and the building was built. ------DocID 44088 Document 334 of 816------ -CITE- 40 USC Sec. 214b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 214b. Designation of Capitol grounds as play area for children of Members and employees of Senate or House of Representatives -STATUTE- (a) Authority of Capitol Police Board Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b) of this section, the Capitol Police Board is authorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Avenue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary purpose of providing child care for the children of Members and employees of the Senate or the House of Representatives. (b) Required approval; fences; termination of authority (1) In the case of any such designation referred to in subsection (a) of this section involving a day care center established for the benefit of children of Members and employees of the Senate, the designation shall be with the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the designation shall be with the approval of the House Committee on House Administration, with the concurrence of the House Office Building Commission. (2) The Architect of the Capitol shall enclose with a fence any area designated pursuant to subsection (a) of this section as a play area. (3) The authority to use an area designated pursuant to subsection (a) of this section as a play area may be terminated at any time by the Committee which approved such designation. (c) Playground equipment; required approval Nothing in this or any other Act shall be construed as prohibiting any day care center referred to in subsection (a) of this section from placing playground equipment within an area designated pursuant to subsection (a) of this section for use solely in connection with the operation of such center, subject to, in the case of a day care center established for the benefit of children of Members and employees of the Senate, the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the approval of the House Committee on House Administration, with the concurrence of the House Office Building Commission. (d) Day care center The day care center referred to in S. Res. 269, Ninety-eighth Congress, first session, is a day care center for which space may be designated under subsection (a) of this section for use as a play area. -SOURCE- (Pub. L. 98-392, Sec. 3, Aug. 21, 1984, 98 Stat. 1362.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 98-392, Aug. 21, 1984, 98 Stat. 1362, which enacted this section and amended section 2107 of Title 20, Education. For complete classification of this Act to the Code, see Tables. S. Res. 269, Ninety-eighth Congress, first session, referred to in subsec. (d), is dated Nov. 14, 1983, and reads as follows: 'Resolved, That payment is authorized from the contingent fund of the Senate in an amount not to exceed $20,000 for the start-up costs, including the procurement of the services of individual consultants or organizations, for a Senate day care center, which shall be ready for occupancy by January 1, 1984. 'Sec. 2. Payments under this resolution shall be paid from the appropriation account for 'Miscellaneous Items' in the contingent fund of the Senate upon vouchers approved by the chairman of the Committee on Rules and Administration. 'Sec. 3. The Committee on Rules and Administration shall supervise any contract entered into on behalf of the Senate, under authority of this resolution. Such contract shall not be subject to the provisions of section 5 of title 41 of the United States Code or any other provision of law requiring advertising.' -CROSS- CROSS REFERENCES Child Care Center for children of Members, officers, employees, and support personnel of House of Representatives, see section 184b of this title. ------DocID 44089 Document 335 of 816------ -CITE- 40 USC Sec. 215 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 215. Supervision of Botanical Garden -STATUTE- The supervision of the Capitol police shall extend over the Botanical Garden. -SOURCE- (R.S. Sec. 1826.) -COD- CODIFICATION R.S. Sec. 1826 derived from Res. July 15, 1870, No. 131, 16 Stat. 391. -MISC3- RELOCATION OF POPLAR POINT GREENHOUSE AND NURSERY OF UNITED STATES BOTANIC GARDEN AND DISTRICT OF COLUMBIA LANHAM TREE NURSERY TO NEW SITE Pub. L. 98-340, July 3, 1984, 98 Stat. 308, directed the Architect of the Capitol under the direction of the Joint Committee on the Library and the District of Columbia government to enter into an agreement under which the Architect and the District would determine a site of not less than twenty-five contiguous acres under the jurisdiction of the District upon which the facilities existing on July 3, 1984, being operated and maintained by the United States Botanic Garden at the Poplar Point Greenhouse and Nursery, would be relocated. The agreement would also provide that the District convey without consideration to the Architect on behalf of the United States all right, title, and interest of the District in the replacement site and that the District convey without consideration to the Secretary of the Interior on behalf of the United States all right, title, and interest of the District in the real property known as the Lanham Tree Nursery. Within sixty days of July 3, 1984, the Botanic Garden Greenhouse and Nursery at Poplar Point would come within the jurisdiction of the Secretary of the Interior and within sixty days after the Secretary assumed jurisdiction for such real property the Secretary would enter into an agreement with the District and the Washington Metropolitan Area Transit Authority under which the District and the Washington Metropolitan Area Transit Authority would be authorized to construct, maintain, and operate certain facilities designed to improve transportation in the Washington metropolitan area. ------DocID 44090 Document 336 of 816------ -CITE- 40 USC Sec. 216 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216. Superintendent, etc., of Botanical Garden and greenhouses -STATUTE- There shall be a superintendent and assistants in the Botanical Garden and greenhouses, who shall be under the direction of the Joint Committee on the Library. -SOURCE- (R.S. Sec. 1827.) -COD- CODIFICATION R.S. Sec. 1827 derived from act Mar. 3, 1873, ch. 226, Sec. 1, 17 Stat. 491. ------DocID 44091 Document 337 of 816------ -CITE- 40 USC Sec. 216a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216a. Restriction on use of appropriation for Botanical Garden -STATUTE- On and after July 31, 1958, no part of any appropriation for the Botanic Garden shall be used for the distribution, by congressional allotment, of trees, plants, shrubs, or other nursery stock. -SOURCE- (Pub. L. 85-570, July 31, 1958, 72 Stat. 450.) ------DocID 44092 Document 338 of 816------ -CITE- 40 USC Sec. 216b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216b. Utilization of personnel by Architect of Capitol for maintenance and operation of Botanic Garden -STATUTE- On and after December 27, 1974, with the approval of the Joint Committee on the Library, the Architect of the Capitol may utilize personnel paid from appropriations under his control for performance of administrative and clerical duties in connection with the maintenance and operation of the United States Botanic Garden, to such extent as he may deem feasible. -SOURCE- (Pub. L. 93-554, title I, ch. III, Dec. 27, 1974, 88 Stat. 1777.) ------DocID 44093 Document 339 of 816------ -CITE- 40 USC Sec. 216c -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216c. National Garden; location; demonstration of diversity of plants; acceptance of gifts -STATUTE- The Architect of the Capitol, subject to the direction of the Joint Committee on the Library, is authorized to - (1) construct a National Garden demonstrating the diversity of plants, including the rose, our national flower, to be located between Maryland and Independence Avenues, S.W., and extending from the United States Botanic Garden Conservatory to Third Street, S.W., in the District of Columbia; and (2) accept gifts, including money, plants, volunteer time, planning, construction and installation expenses, assistance and implements, and garden structures, on behalf of the United States Botanic Garden for the purpose of constructing the National Garden described in paragraph (1). -SOURCE- (Pub. L. 100-458, title III, Sec. 307E, Oct. 1, 1988, 102 Stat. 2183.) ------DocID 44094 Document 340 of 816------ -CITE- 40 USC Sec. 216d -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 216d. Disbursement of appropriations for Botanic Garden -STATUTE- On and after November 5, 1990, all appropriations made on account of the Botanic Garden shall be disbursed for that purpose in the same manner as other appropriations under the control of the Architect of the Capitol. -SOURCE- (Pub. L. 101-520, title II, Nov. 5, 1990, 104 Stat. 2270.) ------DocID 44095 Document 341 of 816------ -CITE- 40 USC Sec. 217 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 217. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section, acts May 13, 1926, ch. 294, 44 Stat. 548; Feb. 23, 1927, ch. 168, 44 Stat. 1157; May 14, 1928, ch. 551, 45 Stat. 528; Feb. 28, 1929, ch. 367, 45 Stat. 1397; June 6, 1930, ch. 407, 46 Stat. 516; Feb. 20, 1931, ch. 234, 46 Stat. 1186; June 30, 1932, ch. 314, 47 Stat. 393; Feb. 28, 1933, ch. 134, 47 Stat. 1362; May 30, 1934, ch. 372, 48 Stat. 828; July 8, 1935, ch. 374, 49 Stat. 471; Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 392; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, related to purchases for Botanic Garden. ------DocID 44096 Document 342 of 816------ -CITE- 40 USC Sec. 217a -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 217a. Plant material exchanges -STATUTE- On and after July 8, 1935, plant material exchanges may be made with botanic gardens, institutions, municipal parks, and gardens. -SOURCE- (July 8, 1935, ch. 374, 49 Stat. 471.) ------DocID 44097 Document 343 of 816------ -CITE- 40 USC Sec. 217b -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 217b. Repealed. Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111 -MISC1- Section, acts Apr. 17, 1936, ch. 233, 49 Stat. 1226; May 18, 1937, ch. 223, 50 Stat. 181; May 17, 1938, ch. 236, 52 Stat. 393; June 16, 1939, ch. 208, 53 Stat. 834; June 18, 1940, ch. 396, 54 Stat. 474, related to purchase of supplies for Botanic Garden. That part which was an exception to section 16 of Title 41, Public Contracts (repealed by act Oct. 21, 1941, ch. 452, 55 Stat. 743) was not repealed by act Oct. 10, 1940, ch. 851, Sec. 4, 54 Stat. 1111, and was classified to former section 16b of Title 41. See note under sections 16a to 16d of that title. ------DocID 44098 Document 344 of 816------ -CITE- 40 USC Sec. 218 to 220 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 218 to 220. Repealed. Oct. 31, 1951, ch. 654, Sec. 3(19)-(21), 65 Stat. 709 -MISC1- Sections, R.S. Sec. 1832 to 1834, respectively, related to annual statements, to the Architect of the Capitol, of public property in and about the Capitol and the Botanical Garden, the maintenance of an inventory of that property by the Architect, and annual reports by him to Congress with respect thereto, and inapplicability of those provisions to books, pamphlets, etc., in the Library of Congress, or to supplies of stationery and fuel. ------DocID 44099 Document 345 of 816------ -CITE- 40 USC Sec. 221, 222 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 221, 222. Omitted -COD- CODIFICATION Section 221, R.S. Sec. 1835, provided that no pay or compensation other than that fixed by Title XXI of the Revised Statutes should be allowed to any officer, employee, or laborer embraced within the provisions thereof. The only provision of that title fixing compensation was contained in R.S. Sec. 1822, which fixed the pay of the Capitol police. That provision is not classified to the Code. See section 5101 et seq. of Title 5, Government Organization and Employees. Section 222, act May 13, 1926, ch. 294, 44 Stat. 547, related to purchases and services for Architect of Capitol. ------DocID 44100 Document 346 of 816------ -CITE- 40 USC Sec. 223 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 223. Capitol Grounds shuttle service; purchase, etc., of vehicles -STATUTE- Funds appropriated for the Capitol Grounds after October 1, 1976, shall be available for the purchase or rental, maintenance and operation of passenger motor vehicles to provide shuttle service for Members and employees of Congress to and from the buildings in the Legislative group. -SOURCE- (Pub. L. 94-440, title VI, Oct. 1, 1976, 90 Stat. 1453.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 224 of this title. ------DocID 44101 Document 347 of 816------ -CITE- 40 USC Sec. 224 -EXPCITE- TITLE 40 CHAPTER 2 -HEAD- Sec. 224. Transportation of House Pages by Capitol Grounds shuttle service -STATUTE- The passenger motor vehicles authorized by section 223 of this title to provide a shuttle service for Members and employees of Congress may be used for the transportation of House Pages to and from special events associated with their education when approved by the House of Representatives Page Board: Provided further, That the use of the said passenger motor vehicles for transportation of House Pages shall not interfere with the shuttle service for Members and employees of the Congress. -SOURCE- (Pub. L. 99-151, title I, Nov. 13, 1985, 99 Stat. 801.) ------DocID 44102 Document 348 of 816------ -CITE- 40 USC CHAPTER 2A -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- CHAPTER 2A - NATIONAL ARCHIVES ------DocID 44103 Document 349 of 816------ -CITE- 40 USC Sec. 231 to 232a -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- Sec. 231 to 232a. Transferred -COD- CODIFICATION Section 231, act June 19, 1934, ch. 668, Sec. 1, 48 Stat. 1122, which created the Office of the Archivist of the United States, was transferred to section 300 of former Title 44, Public Printing and Documents, and was thereafter repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590. See 2102 of Title 44. Section 232, act June 19, 1934, ch. 668, Sec. 2, 48 Stat. 1122, which related to the salaries of employees of the National Archives and the appointment procedure of such employees, was transferred to section 300a of former Title 44, and was thereafter repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590. See section 758 of this title. Section 232a, act May 23, 1938, ch. 259, 52 Stat. 421, which related to appointment of employees in accordance with the civil service laws, was transferred to section 300a of former Title 44, and was thereafter repealed by Pub. L. 90-620, Sec. 3, Oct. 22, 1968, 82 Stat. 1309. See section 758 of this title. ------DocID 44104 Document 350 of 816------ -CITE- 40 USC Sec. 232b -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- Sec. 232b. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 196, 80 Stat. 650 -MISC1- Section, act May 23, 1938, ch. 259, 52 Stat. 421, prescribed manner by which persons employed in National Archives Establishment six months after May 23, 1938, should gain a competitive classified civil service status. ------DocID 44105 Document 351 of 816------ -CITE- 40 USC Sec. 233 to 241 -EXPCITE- TITLE 40 CHAPTER 2A -HEAD- Sec. 233 to 241. Transferred -COD- CODIFICATION Sections 233 to 241, act June 19, 1934, ch. 668, Sec. 3-11, 48 Stat. 1122-1124, were transferred to sections 300c to 300k of former Title 44, Public Printing and Documents, and were thereafter repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(32), renumbered and added Sept. 5, 1950, ch. 849, Sec. 7(d), 64 Stat. 590. For further details, see below. Section 233, act June 19, 1934, ch. 668, Sec. 3, 48 Stat. 1122, which placed all archives or records belonging to the Government under the charge of the Archivist, was transferred to section 300c of former Title 44, Public Printing and Documents. See sections 2103 and 2104 of Title 44. Section 234, act June 19, 1934, ch. 668, Sec. 4, 48 Stat. 1123, which vested the custody of the National Archives Building and other grounds in the Archivist, was transferred to section 300d of former Title 44. See section 2903 of Title 44. Section 235, act June 19, 1934, ch. 668, Sec. 5, 48 Stat. 1123, which related to the creation, membership, and duties of a National Historical Publications Commission, was transferred to section 300e of former Title 44. See section 2501 et seq. of Title 44. Section 236, act June 19, 1934, ch. 668, Sec. 6, 48 Stat. 1123, which related to the creation, membership and duties of a National Archives Council, was transferred to section 300f of former Title 44. See section 2701 of Title 44. Section 237, act June 19, 1934, ch. 668, Sec. 7, 48 Stat. 1123, which related to storing and projection of motion-picture films, was transferred to section 300g of former Title 44. See section 2110 of Title 44. Section 238, act June 19, 1934, ch. 668, Sec. 8, 48 Stat. 1123, which related to official seal of National Archives and judicial notice thereof, was transferred to section 300h of former Title 44. See section 2112 of Title 44. Section 239, act June 19, 1934, ch. 668, Sec. 9, 48 Stat. 1123, which related to reports and recommendation by Archivist to Congress, was transferred to section 300i of former Title 44. See sections 2507, 2902, and 3303a of Title 44. Section 240, act June 19, 1934, ch. 668, Sec. 10, 48 Stat. 1124, which related to appropriations for maintenance of the Archives Building and administration of records, etc., was transferred to section 300j of former Title 44. Section 241, act June 19, 1934, ch. 668, Sec. 11, 48 Stat. 1124, which repealed all acts inconsistent with provisions of act June 19, 1934, was transferred to section 300k of former Title 44. ------DocID 44106 Document 352 of 816------ -CITE- 40 USC CHAPTER 3 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- CHAPTER 3 - PUBLIC BUILDINGS AND WORKS GENERALLY -MISC1- Sec. 251, 252. Omitted or Repealed. 253. Detail of members of field force of General Services Administration. 254. Repealed. 255. Approval of title prior to Federal land purchases; payment of title expenses; application to Tennessee Valley Authority; Federal jurisdiction over acquisitions. 256. Repealed. 257. Condemnation of realty for sites and other uses. 258. Omitted. 258a. Lands, easements, or rights of way for public use; taking of possession and title in advance of final judgment; authority; procedure. 258b. Taking in advance of final judgment; appeal or giving of bond as preventing or delaying vesting of title. 258c. Obligation of United States to pay ultimate award when fixed. 258d. Taking in advance of final judgment; right as additional to existing rights, powers, and authority. 258e. Taking in advance of final judgment; demolition of buildings thereon; erection of public buildings or works; funds available for purpose. 258e-1. Interest as part of just compensation. 258f. Exclusion of certain property by stipulation of Attorney General. 259, 260. Repealed. 261. Contracts authorized within limit of cost fixed, though appropriations are in part only. 262 to 270. Repealed or Omitted. 270a. Bonds of contractors of public buildings or works. (a) Type of bonds required. (b) Waiver of bonds for contracts performed in foreign countries. (c) Authority to require additional bonds. (d) Coverage for taxes in performance bond. 270b. Rights of persons furnishing labor or material. 270c. Right of person furnishing labor or material to copy of bond. 270d. 'Person' defined. 270e. Waiver of sections 270a to 270d with respect to Army, Navy, Air Force, or Coast Guard contracts. 270f. Waiver of sections 270a to 270d with respect to transportation contracts. 271 to 276. Omitted or Repealed. 276a. Rate of wages for laborers and mechanics. 276a-1. Termination of work on failure to pay agreed wages; completion of work by Government. 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating contracts. 276a-3. Effect on other Federal laws. 276a-4. Effective date of sections 276a to 276a-5. 276a-5. Suspension of sections 276a to 276a-5 during emergency. 276a-6. Omitted. 276a-7. Application of sections 276a to 276a-5 to contracts entered into without regard to section 5 of title 41. 276b. Repealed. 276c. Regulations governing contractors and subcontractors. 277 to 278c. Repealed or Omitted. 279. Appropriations for buildings available for use in temporary rented quarters. 280. Operating supplies, operating force, and repairs. 281. Furniture and repairs. 282. Repealed. 283. Furniture for new buildings. 284. Omitted. 285. Buildings under control of Administrator of General Services. 285a. Washington City post office under control of United States Postal Service. 286. Buildings not to be draped in mourning. 287. Repealed. 288. Customhouse wharf at Charleston, South Carolina. 289. Buildings for departments; control of space; compensation. 289a. Transferred. 290. State workmen's compensation laws; extension to buildings and works of United States. 291. Admission of guide dogs accompanied by blind masters. 292. Omitted. 293. Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration; reimbursement. 294. Repealed. 295. Operation of public utility communications services serving governmental activities. 296. Transfer of administrative expenses into special account. 297 to 298. Repealed. 298a. Acceptance of gifts of real, personal, or other property. 298b. Administrator of General Services to furnish services in continental United States to international bodies. 298c. Repealed. 298d. Naming and renaming of buildings. ------DocID 44107 Document 353 of 816------ -CITE- 40 USC Sec. 251 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 251. Omitted -COD- CODIFICATION Section, act Aug. 23, 1912, ch. 350, 37 Stat. 375, related to salaries for personal services required in Office of Supervising Architect of Treasury. That office was transferred to the Public Buildings Branch of the Procurement Division of the Treasury Department under Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933, set out as a note under section 901 of Title 5, Government Organization and Employees. The Public Buildings Branch of the Procurement Division was transferred to the Federal Works Agency by Reorg. Plan No. I of 1939, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427, set out in the Appendix, Title 5. The Federal Works Agency was abolished and its functions transferred to the Administrator of General Services by section 753 of this title. ------DocID 44108 Document 354 of 816------ -CITE- 40 USC Sec. 252 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 252. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 642 -MISC1- Section, act Mar. 4, 1913, ch. 147, Sec. 28, 37 Stat. 888, related to employment of technical experts in Office of Supervising Architect of Treasury Department. ------DocID 44109 Document 355 of 816------ -CITE- 40 USC Sec. 253 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 253. Detail of members of field force of General Services Administration -STATUTE- On and after June 23, 1913, members of the field force of the General Services Administration, such as supervising superintendents, superintendents, junior superintendents, and inspectors of the several classes, may be detailed to the District of Columbia, in the discretion of the Administrator of General Services, for temporary duty for periods not exceeding thirty days in any one case, in the General Services Administration, but no subsistence or other expenses of like character shall be allowed such employees while on duty in Washington serving under such details. -SOURCE- (June 23, 1913, ch. 3, 38 Stat. 17; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on act June 23, 1913, popularly known as the 'Sundry Civil Appropriation Act June 23, 1913, fiscal year 1914'. Section originally provided that members of the field force of the public buildings service in the Treasury Department could be detailed to the District of Columbia in the discretion of the Secretary of the Treasury, for duty in the Office of the Supervising Architect in the Treasury Department. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. Public Buildings Service, within General Services Administration, established on December 11, 1949, by Administrator of General Services, to perform those transferred functions. Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration in Federal Works Agency by Reorg. Plan No. I of 1939. Office of Supervising Architect in Treasury Department transferred to Public Buildings Branch of Procurement Division of Treasury Department by Ex. Ord. No. 6166. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, ch. 288, 63 Stat. 403, set out as an Effective Date note under section 471 of this title. ------DocID 44110 Document 356 of 816------ -CITE- 40 USC Sec. 254 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 254. Repealed. Pub. L. 86-249, Sec. 17(6), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section, act June 23, 1874, ch. 476, Sec. 2, 18 Stat. 276, related to selection of sites for public buildings. See section 601 et seq. of this title. Act June 23, 1874, and section 17(6) of Pub. L. 86-249, Sept. 9, 1959, 73 Stat. 484, which repealed section 2 of the 1874 act, were repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068, 1079. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44111 Document 357 of 816------ -CITE- 40 USC Sec. 255 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 255. Approval of title prior to Federal land purchases; payment of title expenses; application to Tennessee Valley Authority; Federal jurisdiction over acquisitions -STATUTE- Unless the Attorney General gives prior written approval of the sufficiency of the title to land for the purpose for which the property is being acquired by the United States, public money may not be expended for the purchase of the land or any interest therein. The Attorney General may delegate his responsibility under this section to other departments and agencies, subject to his general supervision and in accordance with regulations promulgated by him. Any Federal department or agency which has been delegated the responsibility to approve land titles under this section may request the Attorney General to render his opinion as to the validity of the title to any real property or interest therein, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles. Except where otherwise authorized by law or provided by contract, the expenses of procuring certificates of titles or other evidences of title as the Attorney General may require may be paid out of the appropriations for the acquisition of land or out of the appropriations made for the contingencies of the acquiring department or agency. The foregoing provisions of this section shall not be construed to affect in any manner any existing provisions of law which are applicable to the acquisition of lands or interests in land by the Tennessee Valley Authority. Notwithstanding any other provision of law, the obtaining of exclusive jurisdiction in the United States over lands or interests therein which have been or shall hereafter be acquired by it shall not be required; but the head or other authorized officer of any department or independent establishment or agency of the Government may, in such cases and at such times as he may deem desirable, accept or secure from the State in which any lands or interests therein under his immediate jurisdiction, custody, or control are situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, over any such lands or interests as he may deem desirable and indicate acceptance of such jurisdiction on behalf of the United States by filing a notice of such acceptance with the Governor of such State or in such other manner as may be prescribed by the laws of the State where such lands are situated. Unless and until the United States has accepted jurisdiction over lands hereafter to be acquired as aforesaid, it shall be conclusively presumed that no such jurisdiction has been accepted. -SOURCE- (R.S. Sec. 355; June 28, 1930, ch. 710, 46 Stat. 828; Feb. 1, 1940, ch. 18, 54 Stat. 19; Oct. 9, 1940, ch. 793, 54 Stat. 1083; Sept. 1, 1970, Pub. L. 91-393, Sec. 1, 84 Stat. 835.) -COD- CODIFICATION R.S. Sec. 355 derived from Res. Sept. 11, 1841, No. 6, 5 Stat. 468. The first four and sixth paragraphs of this section are based on R.S. Sec. 355, as amended. The fifth paragraph of this section is based on the last paragraph of section 1 of Pub. L. 91-393. For amendment of this section by the remainder of section 1 of Pub. L. 91-393, see 1970 Amendment note below. -MISC3- AMENDMENTS 1970 - Pub. L. 91-393 substituted first four paragraphs of this section, requiring the Attorney General to give written approval of the sufficiency of title prior to the purchase of lands or interests therein, empowering the Attorney General to delegate his responsibilities, authorizing Federal departments and agencies which have been delegated the responsibility to approve land titles to request opinions, advice or assistance of the Attorney General, and permitting the payment from appropriations of the expenses of procuring certificates or other evidences of title, for the former first seven paragraphs of this section which prohibited expenditures of public money upon any site or land purchased by the United States until the Attorney General gave his written opinion in favor of the validity of title, permitted acceptance of title subject to infirmities if the Attorney General approved, authorized the Attorney General to approve title to easements or rights-of-way, and which made certain exceptions from the provisions of this section. 1940 - Act Oct. 9, 1940, among other changes, divided section into paragraphs, struck out provision requiring United States attorneys, upon application of Attorney General, to furnish assistance in relation to titles, and inserted provisions contained in second, third, fourth and seventh paragraphs. Act Feb. 1, 1940, struck out provision requiring consent of State legislature to the purchase, and inserted provisions now set out as eighth paragraph. 1930 - Act June 28, 1930, inserted reference to armories, arsenals, forts, fortifications, navy yards and lighthouses, and provision that the Attorney General may base his opinion as to title upon certificate of title of a title company. -CROSS- CROSS REFERENCES Erection of public buildings on condemned property authorized though Attorney General has not approved title, see section 258e of this title. Power of United States to acquire land within the States, see Const. Art. 1, Sec. 8, cl. 17. President authorized to procure consent of State within which any land has been purchased for forts, magazines, etc., see section 103 of Title 4, Flag and Seal, Seat of Government, and the States. Purchase contract agreements, applicability of section to, see section 356 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 356 of this title; title 7 section 2250a; title 10 sections 2239, 2852; title 16 sections 343b, 430a, 441i, 571c; title 22 section 1471; title 36 section 138b; title 42 sections 1502, 1594a, 2224; title 50 App. sections 460, 2281. ------DocID 44112 Document 358 of 816------ -CITE- 40 USC Sec. 256 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 256. Repealed. Pub. L. 91-393, Sec. 2, Sept. 1, 1970, 84 Stat. 835 -MISC1- Section, acts Mar. 2, 1889, ch. 411, 25 Stat. 941; Sept. 22, 1961, Pub. L. 87-277, 75 Stat. 577, directed that all legal services connected with procurement of titles to site for public buildings shall be rendered by United States attorneys. ------DocID 44113 Document 359 of 816------ -CITE- 40 USC Sec. 257 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 257. Condemnation of realty for sites and other uses -STATUTE- In every case in which the Secretary of the Treasury or any other officer of the Government has been, or hereafter shall be, authorized to procure real estate for the erection of a public building or for other public uses, he may acquire the same for the United States by condemnation, under judicial process, whenever in his opinion it is necessary or advantageous to the Government to do so, and the Attorney General of the United States, upon every application of the Secretary of the Treasury, under this section and section 258 (FOOTNOTE 1) of this title, or such other officer, shall cause proceedings to be commenced for condemnation within thirty days from receipt of the application at the Department of Justice. (FOOTNOTE 1) See References in Text note below. -SOURCE- (Aug. 1, 1888, ch. 728, Sec. 1, 25 Stat. 357; June 25, 1948, ch. 646, Sec. 6, 62 Stat. 986.) -REFTEXT- REFERENCES IN TEXT Section 258 of this title, referred to in text, has been omitted from the Code. -MISC2- AMENDMENTS 1948 - Act June 25, 1948, struck out jurisdictional and venue provisions. See sections 1358 and 1403 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1948 AMENDMENT Section 38 of act June 25, 1948, provided that the amendment made by that act is effective Sept. 1, 1948. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Procedure. CROSS REFERENCES Acquisition of land - District of Columbia, see section 16-1301 et seq. of the D.C. Code. Irrigation Project, see section 421 of Title 43, Public Lands. River and harbor improvements, see section 591 et seq. of Title 33, Navigation and Navigable Waters. War purposes, see section 2663 of Title 10, Armed Forces. Jurisdiction of United States district courts in condemnation proceedings, see section 1358 of Title 28, Judiciary and Judicial Procedure. Possession and title in advance of judgment, taking of, see sections 258a to 258f of this title. Tennessee Valley Authority, procedure in condemnation proceedings, see section 831x of Title 16, Conservation. Venue in condemnation proceedings, see section 1403 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 81e, 159a, 231b, 242, 263, 403i, 423k, 423n, 425a, 430a, 430k, 430u, 430nn, 433c, 433h, 447b, 449, 450m, 450p, 459a; title 25 sections 500a, 1724, 1754; title 42 sections 1532, 2222; title 43 section 1522; title 49 App. section 1344; title 50 section 167f. ------DocID 44114 Document 360 of 816------ -CITE- 40 USC Sec. 258 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258. Omitted -COD- CODIFICATION Section, acts Aug. 1, 1888, ch. 728, Sec. 2, 25 Stat. 357; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, which in connection with condemnation proceedings, required conformity, as near as might be, to state practice and pleading, has been superseded by Rule 71A of the Federal Rules of Civil Procedure, Title 28, Appendix, Judiciary and Judicial Procedure. ------DocID 44115 Document 361 of 816------ -CITE- 40 USC Sec. 258a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258a. Lands, easements, or rights of way for public use; taking of possession and title in advance of final judgment; authority; procedure -STATUTE- In any proceeding in any court of the United States outside of the District of Columbia which has been or may be instituted by and in the name of and under the authority of the United States for the acquisition of any land or easement or right of way in land for the public use, the petitioner may file in the cause, with the petition or at any time before judgment, a declaration of taking signed by the authority empowered by law to acquire the lands described in the petition, declaring that said lands are thereby taken for the use of the United States. Said declaration of taking shall contain or have annexed thereto - (1) A statement of the authority under which and the public use for which said lands are taken. (2) A description of the lands taken sufficient for the identification thereof. (3) A statement of the estate or interest in said lands taken for said public use. (4) A plan showing the lands taken. (5) A statement of the sum of money estimated by said acquiring authority to be just compensation for the land taken. Upon the filing said declaration of taking and of the deposit in the court, to the use of the persons entitled thereto, of the amount of the estimated compensation stated in said declaration, title to the said lands in fee simple absolute, or such less estate or interest therein as is specified in said declaration, shall vest in the United States of America, and said lands shall be deemed to be condemned and taken for the use of the United States, and the right to just compensation for the same shall vest in the persons entitled thereto; and said compensation shall be ascertained and awarded in said proceeding and established by judgment therein, and the said judgment shall include, as part of the just compensation awarded, interest in accordance with section 258e-1 of this title on the amount finally awarded as the value of the property as of the date of taking, from said date to the date of payment; but interest shall not be allowed on so much thereof as shall have been paid into the court. No sum so paid into the court shall be charged with commissions or poundage. Upon the application of the parties in interest, the court may order that the money deposited in the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in said proceeding. If the compensation finally awarded in respect of said lands, or any parcel thereof, shall exceed the amount of the money so received by any person entitled, the court shall enter judgment against the United States for the amount of the deficiency. Upon the filing of a declaration of taking, the court shall have power to fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the petitioner. The court shall have power to make such orders in respect of encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 1, 46 Stat. 1421; Nov. 14, 1986, Pub. L. 99-656, Sec. 1(1), 100 Stat. 3668.) -MISC1- AMENDMENTS 1986 - Pub. L. 99-656 substituted 'interest in accordance with section 258e-1 of this title' for 'interest at the rate of 6 per centum per annum' in second par. SHORT TITLE Act Feb. 26, 1931, ch. 307, 46 Stat. 1421, as amended, which is classified to section 258a et seq. of this title, is popularly known as the 'Declaration of Taking Act'. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Procedure in condemnation proceedings, see rule 71A, Title 28, Appendix, Judiciary and Judicial Procedure. Section as not affected by that rule, see note of the Advisory Committee set out thereunder. CROSS REFERENCES Condemnation of property, right of Government officers, see section 257 of this title. District of Columbia, eminent domain, see, section 16-1301 et seq. of the District of Columbia Code. Jurisdiction and venue in condemnation cases, see sections 1358 and 1403 of Title 28, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 258b, 258c, 258d, 258e-1 of this title; title 10 section 7422; title 16 sections 79c, 831c; title 25 sections 500a, 1724, 1754; title 33 section 598; title 39 section 410; title 42 sections 1502, 1592d, 1594a, 2222, 4651; title 43 section 1522; title 49 App. section 1344; title 50 section 167f. ------DocID 44116 Document 362 of 816------ -CITE- 40 USC Sec. 258b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258b. Taking in advance of final judgment; appeal or giving of bond as preventing or delaying vesting of title -STATUTE- No appeal in any cause under section 258a of this title nor any bond or undertaking given therein shall operate to prevent or delay the vesting of title to such lands in the United States. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 2, 46 Stat. 1422.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44117 Document 363 of 816------ -CITE- 40 USC Sec. 258c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258c. Obligation of United States to pay ultimate award when fixed -STATUTE- Action under section 258a of this title irrevocably committing the United States to the payment of the ultimate award shall not be taken unless the chief of the executive department or agency or bureau of the Government empowered to acquire the land shall be of the opinion that the ultimate award probably will be within any limits prescribed by Congress on the price to be paid. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 3, 46 Stat. 1422.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44118 Document 364 of 816------ -CITE- 40 USC Sec. 258d -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258d. Taking in advance of final judgment; right as additional to existing rights, powers, and authority -STATUTE- The right to take possession and title in advance of final judgment in condemnation proceedings as provided by section 258a of this title shall be in addition to any right, power, or authority conferred by the laws of the United States or those of any State or Territory under which such proceedings may be conducted, and shall not be construed as abrogating, limiting, or modifying any such right, power, or authority. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 4, 46 Stat. 1422.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44119 Document 365 of 816------ -CITE- 40 USC Sec. 258e -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258e. Taking in advance of final judgment; demolition of buildings thereon; erection of public buildings or works; funds available for purpose -STATUTE- In any case in which the United States has taken or may take possession of any real property during the course of condemnation proceedings and in advance of final judgment therein and the United States has become irrevocably committed to pay the amount ultimately to be awarded as compensation, it shall be lawful to expend moneys duly appropriated for that purpose in demolishing existing structures on said land and in erecting public buildings or public works thereon: Provided, That in the opinion of the Attorney General, the title has been vested in the United States or all persons having an interest therein have been made parties to such proceeding and will be bound by the final judgment therein. -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 5, 46 Stat. 1422; Sept. 1, 1970, Pub. L. 91-393, Sec. 4, 84 Stat. 835.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-393 struck out ', notwithstanding the provisions of section 255 of this title' after 'public works thereon'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258e-1 of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44120 Document 366 of 816------ -CITE- 40 USC Sec. 258e-1 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258e-1. Interest as part of just compensation -STATUTE- Interest required to be paid under sections 258a to 258e-1 of this title shall be calculated by the district court as follows: (1) Where the period for which interest is owed does not exceed one year, interest shall be calculated for such period from the date of taking at an annual rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 week United States Treasury bills settled immediately before the date of taking. (2) Where the period for which interest is owed is more than one year, interest for the first year shall be calculated in accordance with paragraph (1) and interest for each additional year shall be calculated on the combined amount of the principal (the amount by which the award of compensation exceeds the deposit referred to in section 258a of this title) and accrued interest at an annual rate equal to the coupon issue yield equivalent (as determined by the Secretary of the Treasury) of the average accepted auction price for the last auction of 52 week United States Treasury bills settled immediately before the beginning of each additional year. The Director of the Administrative Office of the United States Courts shall distribute to all Federal courts notice of the rates described in paragraphs (1) and (2). -SOURCE- (Feb. 26, 1931, ch. 307, Sec. 6, as added Nov. 14, 1986, Pub. L. 99-656, Sec. 1(2), 100 Stat. 3668.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 258a of this title; title 10 section 7422; title 16 section 831c; title 25 section 500a; title 33 section 598; title 39 section 410; title 42 sections 1502, 1594a, 2222; title 49 App. section 1344; title 50 section 167f. ------DocID 44121 Document 367 of 816------ -CITE- 40 USC Sec. 258f -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 258f. Exclusion of certain property by stipulation of Attorney General -STATUTE- In any condemnation proceeding instituted by or on behalf of the United States, the Attorney General is authorized to stipulate or agree in behalf of the United States to exclude any property or any part thereof, or any interest therein, that may have been, or may be, taken by or on behalf of the United States by declaration of taking or otherwise. -SOURCE- (Oct. 21, 1942, ch. 618, 56 Stat. 797.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 167f. ------DocID 44122 Document 368 of 816------ -CITE- 40 USC Sec. 259, 260 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 259, 260. Repealed. Pub. L. 86-249, Sec. 17(7), (12), Sept. 9, 1959, 73 Stat. 484, 485 -MISC1- Section 259, R.S. Sec. 3734; act June 25, 1910, ch. 383, Sec. 33, 36 Stat. 699, prescribed a limitation on the cost of sites for public buildings. Section 260, act Mar. 2, 1889, ch. 411, 25 Stat. 941, prohibited payment of commissions for disbursements on account of sites for public buildings, and prescribed the manner of making payments for sites for public buildings under the control of the Treasury Department. See section 601 et seq. of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44123 Document 369 of 816------ -CITE- 40 USC Sec. 261 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 261. Contracts authorized within limit of cost fixed, though appropriations are in part only -STATUTE- On and after May 30, 1908, in all cases where appropriations are made in part only for carrying into effect the provisions of legislation authorizing the acquisition of land for sites or for the enlargement of sites for public buildings, or for the erection or remodeling, extension, alteration, and repairs of public buildings, the Administrator of General Services unless otherwise specifically directed, may enter into contracts within the full limit of cost fixed by Congress therefor. -SOURCE- (May 30, 1908, ch. 228, Sec. 34, 35 Stat. 545; 1939 Reorg. Plan No. I, Sec. 303(b), eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, including Public Buildings Administration together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency (including the Public Buildings Administration) and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Functions of Secretary of the Treasury relating to Administration of Public Buildings Branch of former Procurement Division of Treasury Department and to selection of location and sites for public buildings transferred to Federal Works Administrator by Reorg. Plan No. 1 of 1939. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, ch. 288, 63 Stat. 380, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Appropriations, expenditures or contract obligations in excess of funds prohibited, see section 1341 of Title 31, Money and Finance. Contracts for erection, repair, or furnishing of public buildings or for public improvements forbidden to exceed amount appropriated for that purpose, see section 12 of Title 41, Public Contracts. No appropriation act to be construed as authorizing execution of contract for amount in excess of appropriations unless appropriation act in specific terms declares that contract may be made, see section 1301 of Title 31, Money and Finance. Officer or employee contracting beyond specific appropriation, see section 435 of Title 18, Crimes and Criminal Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 16 sections 79g, 460bb-2. ------DocID 44124 Document 370 of 816------ -CITE- 40 USC Sec. 262 to 265 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 262 to 265. Repealed. Pub. L. 86-249, Sec. 17(8)-(11), Sept. 9, 1959, 73 Stat. 484, 485 -MISC1- Section 262, acts Mar. 4, 1909, ch. 299, 35 Stat. 959; May 29, 1928, ch. 901, Sec. 1(18), 45 Stat. 987, permitted rental of buildings on lands acquired for sites. Section 263, act Aug. 7, 1882, ch. 433, 22 Stat. 305, provided that acts passed authorizing purchase of sites and erection of public buildings thereon shall not be held or construed to appropriate money unless the acts in express language make such appropriations. Section 264, act Mar. 4, 1913, ch. 147, Sec. 5, 37 Stat. 879, placed restrictions on authorizations for construction of post offices. Section 265, acts June 25, 1910, ch. 383, Sec. 35, 36 Stat. 699; June 15, 1938, ch. 382, 52 Stat. 683, related to construction of buildings for executive departments or establishments. See section 601 et seq. of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44125 Document 371 of 816------ -CITE- 40 USC Sec. 265a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 265a. Omitted -COD- CODIFICATION Section, acts June 26, 1943, ch. 145, title I, 57 Stat. 178; June 27, 1944, ch. 286, title I, 58 Stat. 369; May 3, 1945, ch. 106, title I, 59 Stat. 115; Mar. 28, 1946, ch. 113, title I, 60 Stat. 68, which related to availability of funds for payment of salaries, etc., in connection with construction projects, was not repeated in subsequent appropriation acts and expired with the appropriation acts of which it was a part. ------DocID 44126 Document 372 of 816------ -CITE- 40 USC Sec. 266 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 266. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(90), 65 Stat. 705 -MISC1- Section, act Mar. 3, 1903, ch. 1007, 32 Stat. 1091, related to purchase of, and payment for, specially prepared paper for duplication of plans, and payment for other incidental expenses and supplies, in connection with carrying into effect appropriations for public buildings. ------DocID 44127 Document 373 of 816------ -CITE- 40 USC Sec. 267 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 267. Repealed. Pub. L. 86-249, Sec. 17(12), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, R.S. Sec. 3734; act June 25, 1910, ch. 383, Sec. 33, 36 Stat. 699, prohibited expenditures upon public buildings until after approval of sketch plans. See section 601 et seq. of this title. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44128 Document 374 of 816------ -CITE- 40 USC Sec. 267a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 267a. Omitted -COD- CODIFICATION Section, act June 30, 1932, ch. 314, Sec. 320, 47 Stat. 412, provided for a 10 per centum reduction of limit of cost fixed by authorizations for construction of public buildings and public improvements granted by law prior to June 30, 1932. ------DocID 44129 Document 375 of 816------ -CITE- 40 USC Sec. 268 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 268. Repealed. Pub. L. 86-249, Sec. 17(7), Sept. 9, 1959, 73 Stat. 484 -MISC1- Section, act Mar. 2, 1889, ch. 411, 25 Stat. 941, prohibited approval of plans for public buildings until after site therefor shall have been finally selected. See section 601 et seq. of this title. SAVINGS PROVISION Section repealed except as to its applications to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44130 Document 376 of 816------ -CITE- 40 USC Sec. 269 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 269. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(91), 65 Stat. 705 -MISC1- Section, act June 6, 1902, ch. 1036, Sec. 21, 32 Stat. 326, related to liquidated damages for delay in connection with contracts for construction or repair of public buildings or works, and to suits thereon. See section 256a of Title 41, Public Contracts. ------DocID 44131 Document 377 of 816------ -CITE- 40 USC Sec. 269a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 269a. Omitted -COD- CODIFICATION Section, acts Sept. 9, 1940, ch. 717, title I, 54 Stat. 873; Oct. 8, 1940, ch. 756, title I, 54 Stat. 968; June 30, 1941, ch. 262, 55 Stat. 375, which limited, after Sept. 9, 1940, the contractor's fee for construction and installation of buildings, etc., at military posts, to 6 per centum of the estimated cost, exclusive of the fee, has not been repeated in subsequent years, except as a temporary measure and expired with the appropriation acts of which it was a part. ------DocID 44132 Document 378 of 816------ -CITE- 40 USC Sec. 270 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270. Repealed. Aug. 24, 1935, ch. 642, Sec. 5, 49 Stat. 794 -MISC1- Section, acts Aug. 13, 1894, ch. 280, 28 Stat. 278; Feb. 24, 1905, ch. 778, 33 Stat. 811; Mar. 3, 1911, ch. 231, Sec. 291, 36 Stat. 1167, related to bonds of contractors for buildings or works. See sections 270a to 270d of this title. The repealing section provided that section should remain in force with respect to contracts for which invitations for bids had been issued on or before sixty days after August 24, 1935, and to persons and bonds in respect of such contracts. ------DocID 44133 Document 379 of 816------ -CITE- 40 USC Sec. 270a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270a. Bonds of contractors of public buildings or works -STATUTE- (a) Type of bonds required Before any contract, exceeding $25,000 in amount, for the construction, alteration, or repair of any public building or public work of the United States is awarded to any person, such person shall furnish to the United States the following bonds, which shall become binding upon the award of the contract to such person, who is hereinafter designated as 'contractor': (1) A performance bond with a surety or sureties satisfactory to the officer awarding such contract, and in such amount as he shall deem adequate, for the protection of the United States. (2) A payment bond with a surety or sureties satisfactory to such officer for the protection of all persons supplying labor and material in the prosecution of the work provided for in said contract for the use of each such person. Whenever the total amount payable by the terms of the contract shall be not more than $1,000,000 the said payment bond shall be in a sum of one-half the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $1,000,000 and not more than $5,000,000, the said payment bond shall be in a sum of 40 per centum of the total amount payable by the terms of the contract. Whenever the total amount payable by the terms of the contract shall be more than $5,000,000 the said payment bond shall be in the sum of $2,500,000. (b) Waiver of bonds for contracts performed in foreign countries The contracting officer in respect of any contract is authorized to waive the requirement of a performance bond and payment bond for so much of the work under such contract as is to be performed in a foreign country if he finds that it is impracticable for the contractor to furnish such bonds. (c) Authority to require additional bonds Nothing in this section shall be construed to limit the authority of any contracting officer to require a performance bond or other security in addition to those, or in cases other than the cases specified in subsection (a) of this section. (d) Coverage for taxes in performance bond Every performance bond required under this section shall specifically provide coverage for taxes imposed by the United States which are collected, deducted, or withheld from wages paid by the contractor in carrying out the contract with respect to which such bond is furnished. However, the United States shall give the surety or sureties on such bond written notice, with respect to any such unpaid taxes attributable to any period, within ninety days after the date when such contractor files a return for such period, except that no such notice shall be given more than one hundred and eighty days from the date when a return for the period was required to be filed under title 26. No suit on such bond for such taxes shall be commenced by the United States unless notice is given as provided in the preceding sentence, and no such suit shall be commenced after the expiration of one year after the day on which such notice is given. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 1, 49 Stat. 793; Nov. 2, 1966, Pub. L. 89-719, title I, Sec. 105(b), 80 Stat. 1139; Nov. 2, 1978, Pub. L. 95-585, 92 Stat. 2484; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095.) -MISC1- AMENDMENTS 1986 - Subsec. (d). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. 1978 - Subsec. (a). Pub. L. 95-585 substituted '$25,000' for '$2,000'. 1966 - Subsec. (d). Pub. L. 89-719 added subsec. (d). EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-719 applicable to contract entered into pursuant to invitations for bids issued after June 30, 1967, see section 114(c)(2) of Pub. L. 89-719, set out as a note under section 6323 of Title 26, Internal Revenue Code. EFFECTIVE DATE Section 5 of act Aug. 24, 1935, provided in part: 'That this act (enacting this section and sections 270b to 270d of this title) shall take effect upon the expiration of sixty days after the date of its enactment (Aug. 24, 1935), but shall not apply to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract.' SHORT TITLE Act Aug. 24, 1935, which enacted sections 270a to 270d of this title, is popularly known as the 'Miller Act'. WAIVER OF SECTIONS 270A TO 270D OF THIS TITLE BY SECRETARY OF THE TREASURY Act July 11, 1941, ch. 290, Sec. 3(b), 55 Stat. 585, which authorized the Secretary of the Treasury, in his discretion, to waive sections 270a to 270d of this title with respect to certain contracts entered into for the Coast Guard during the national emergency, was repealed by Joint Res. July 25, 1947, ch. 327, Sec. 1, 61 Stat. 449. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270d, 270e, 270f of this title; title 15 sections 636, 637; title 25 sections 47a, 450j, 1656; title 31 section 9303; title 39 section 410; title 42 sections 1594, 11705. ------DocID 44134 Document 380 of 816------ -CITE- 40 USC Sec. 270b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270b. Rights of persons furnishing labor or material -STATUTE- (a) Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which a payment bond is furnished under sections 270a to 270d of this title and who has not been paid in full therefor before the expiration of a period of ninety days after the day on which the last of the labor was done or performed by him or material was furnished or supplied by him for which such claim is made, shall have the right to sue on such payment bond for the amount, or the balance thereof, unpaid at the time of institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him: Provided, however, That any person having direct contractual relationship with a subcontractor but no contractual relationship express or implied with the contractor furnishing said payment bond shall have a right of action upon the said payment bond upon giving written notice to said contractor within ninety days from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelop addressed 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. (b) Every suit instituted under this section shall be brought in the name of the United States for the use of the person suing, in the United States District Court for any district in which the contract was to be performed and executed and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the day on which the last of the labor was performed or material was supplied by him. The United States shall not be liable for the payment of any costs or expenses of any such suit. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 2, 49 Stat. 794; Aug. 4, 1959, Pub. L. 86-135, Sec. 1, 73 Stat. 279.) -MISC1- AMENDMENTS 1959 - Subsec. (b). Pub. L. 86-135 substituted 'day on which the last of the labor was performed or material was supplied by him' for 'date of final settlement of such contract'. EFFECTIVE DATE Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 5 of act Aug. 24, 1935, set out as a note under section 270a of this title. RETROACTIVE EFFECT Section 3 of Pub. L. 86-135 provided that: 'The rights of laborers and material men under contracts entered into before the effective date (Aug. 4, 1959) of this amendment (amending this section and section 270c of this title) shall not be affected.' -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Parties, see rule 17, Title 28, Appendix, Judiciary and Judicial Procedure. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270d, 270e, 270f of this title; title 15 section 636; title 25 sections 47a, 450j, 1656; title 31 sections 3905, 9303; title 39 section 410; title 42 section 11705. ------DocID 44135 Document 381 of 816------ -CITE- 40 USC Sec. 270c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270c. Right of person furnishing labor or material to copy of bond -STATUTE- The department secretary or agency head of the contracting agency is authorized and directed to furnish, to any person making application therefor who submits an affidavit that he has supplied labor or materials for such work and payment therefor has not been made or that he is being sued on any such bond, a certified copy of such bond and the contract for which it was given, which copy shall be prima facie evidence of the contents, execution, and delivery of the original. Applicants shall pay for such certified copies such fees as the department secretary or agency head of the contracting agency fixes to cover the cost of preparation thereof. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 3, 49 Stat. 794; Aug. 4, 1959, Pub. L. 86-135, Sec. 2, 73 Stat. 279; Apr. 18, 1984, Pub. L. 98-269, 98 Stat. 156.) -MISC1- AMENDMENTS 1984 - Pub. L. 98-269 substituted 'department secretary or agency head of the contracting agency' for 'Comptroller General' in two places. 1959 - Pub. L. 86-135 struck out ', and, in case final settlement of such contract, has been made, a certified statement of the date of such settlement, which shall be conclusive as to such date upon the parties' and 'and certified statements' after 'original' and 'certified copies', respectively. EFFECTIVE DATE Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, sec section 5 of act Aug. 24, 1935, set out as a note under section 270a of this title. RETROACTIVE EFFECT Rights of laborers and material men under contracts entered into before Aug. 4, 1959, unaffected, see section 3 of Pub. L. 86-135, set out as a note under section 270b of this title. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Proof of official records, see rule 44, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rule 44 on this section, see note by Advisory Committee under that rule. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270d, 270e, 270f of this title; title 15 section 636; title 25 sections 47a, 450j, 1656; title 31 section 9303; title 39 section 410; title 42 section 11705. ------DocID 44136 Document 382 of 816------ -CITE- 40 USC Sec. 270d -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270d. 'Person' defined -STATUTE- The term 'person' and the masculine pronoun as used in sections 270a to 270d of this title shall include all persons whether individuals, associations, copartnerships, or corporations. -SOURCE- (Aug. 24, 1935, ch. 642, Sec. 4, 49 Stat. 794.) -MISC1- EFFECTIVE DATE Section effective upon expiration of sixty days after Aug. 24, 1935, but not applicable to any contract awarded pursuant to any invitation for bids issued on or before the date it takes effect, or to any persons or bonds in respect of any such contract, see section 5 of act Aug. 24, 1935, set out as a note unde section 270a of this title. -CROSS- CROSS REFERENCES Definition of 'person' as used in any Act of Congress, see section 1 of Title 1, General Provisions. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 270b, 270e, 270f of this title; title 15 section 636; title 25 sections 47a, 450j, 1656; title 31 section 9303; title 39 section 410; title 42 section 11705. ------DocID 44137 Document 383 of 816------ -CITE- 40 USC Sec. 270e -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270e. Waiver of sections 270a to 270d with respect to Army, Navy, Air Force, or Coast Guard contracts -STATUTE- The Secretary of the Army, the Secretary of the Navy, the Secretary of the Air Force, or the Secretary of Transportation may waive sections 270a to 270d of this title with respect to cost-plus-a-fixed fee and other cost-type contracts for the construction, alteration, or repair of any public building or public work of the United States and with respect to contracts for the manufacturing, producing, furnishing, construction, alteration, repair, processing, or assembling of vessels, aircraft, munitions, materiel, or supplies of any kind or nature for the Army, Navy, Air Force, or Coast Guard, respectively, regardless of the terms of such contracts as to payment or title. -SOURCE- (Apr. 29, 1941, ch. 81, Sec. 1, 55 Stat. 147; June 3, 1955, ch. 129, 69 Stat. 83; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(b)(1), 80 Stat. 938.) -MISC1- AMENDMENTS 1955 - Act June 3, 1955, authorized the Secretary of the Treasury to waive requirement of performance and payment bonds in connection with certain Coast Guard contracts, included the Secretary of the Air Force for purposes of clarification, made specific reference to cost-type contracts, and struck out proviso permitting bonds to be required for contracts which on Apr. 29, 1941, would have been subject to provisions of sections 270a to 270d of this title. -TRANS- TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transportation, and all functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89-670, Sec. 6(b)(1). Section 6(b)(2) of Pub. L. 89-670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 39 section 410. ------DocID 44138 Document 384 of 816------ -CITE- 40 USC Sec. 270f -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 270f. Waiver of sections 270a to 270d with respect to transportation contracts -STATUTE- The Secretary of Transportation may waive sections 270a to 270d of this title, with respect to contracts for the construction, alteration, or repair, of vessels of any kind or nature, entered into pursuant to sections 1535 and 1536 of title 31, the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), or the Merchant Ship Sales Act of 1946 (50 App. U.S.C. 1735 et seq.), regardless of the terms of such contracts as to payment or title. -SOURCE- (Apr. 29, 1941, ch. 81, Sec. 2, as added Oct. 21, 1970, Pub. L. 91-469, Sec. 39, 84 Stat. 1036, and amended Aug. 6, 1981, Pub. L. 97-31, Sec. 12(12), 95 Stat. 154.) -REFTEXT- REFERENCES IN TEXT The Merchant Marine Act, 1936, referred to in text, is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is classified principally to chapter 27 (Sec. 1101 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 1245 of Title 46 and Tables. The Merchant Ship Sales Act of 1946, referred to in text, is act Mar. 8, 1946, ch. 82, 60 Stat. 41, as amended, which is classified to sections 1735 to 1746 of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1735 of Title 50, Appendix, and Tables. -COD- CODIFICATION 'Sections 1535 and 1536 of title 31' substituted in text for 'the Act of June 30, 1932 (47 Stat. 382, 417-418), as amended (31 U.S.C. 686, 686b)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1981 - Pub. L. 97-31 substituted 'Transportation' for 'Commerce'. ------DocID 44139 Document 385 of 816------ -CITE- 40 USC Sec. 271, 272 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 271, 272. Omitted -COD- CODIFICATION Section 271, acts Aug. 25, 1919, ch. 52, 41 Stat. 281; Mar. 1, 1929, ch. 423, 45 Stat. 1425, provided relief for certain contractors for losses due to increased costs arising from the entrance of the United States into war on Apr. 6, 1917. Section 272, act Mar. 6, 1920, ch. 94, 41 Stat. 507, related to losses due to World War I conditions. ------DocID 44140 Document 386 of 816------ -CITE- 40 USC Sec. 273 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 273. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(92), 65 Stat. 705 -MISC1- Section, act Mar. 3, 1887, ch. 362, 24 Stat. 512, related to contracts for heating apparatus for public buildings. See sections 252 and 253 of Title 41, Public Contracts. ------DocID 44141 Document 387 of 816------ -CITE- 40 USC Sec. 274 to 276 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 274 to 276. Repealed. Pub. L. 86-249, Sec. 17(13)-(15), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section 274, act Mar. 2, 1895, ch. 189, 28 Stat. 914, authorized the payment for electric wiring of buildings. Section 275, act July 1, 1916, ch. 209, 39 Stat. 273, related to payment for gas and electric fixtures for the equipment of public buildings. Section 276, act June 6, 1900, ch. 791, 31 Stat. 591, authorized payment for engineering and electric-light plants in public buildings. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44142 Document 388 of 816------ -CITE- 40 USC Sec. 276a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a. Rate of wages for laborers and mechanics -STATUTE- (a) The advertised specifications for every contract in excess of $2,000, to which the United States or the District of Columbia is a party, for construction, alteration, and/or repair, including painting and decorating, of public buildings or public works of the United States or the District of Columbia within the geographical limits of the States of the Union or the District of Columbia, and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on projects of a character similar to the contract work in the city, town, village, or other civil subdivision of the State in which the work is to be performed, or in the District of Columbia if the work is to be performed there; and every contract based upon these specifications shall contain a stipulation that the contractor or his subcontractor shall pay all mechanics and laborers employed directly upon the site of the work, unconditionally and not less often than 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 such laborers and mechanics, and that the scale of wages to be paid shall be posted by the contractor in a prominent and easily accessible place at the site of the work; and the further stipulation that there may be withheld from the contractor so much of accrued payments as may be considered necessary by the contracting officer 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 such laborers and mechanics and not refunded to the contractor, subcontractors, or their agents. (b) As used in sections 276a to 276a-5 of this title the term 'wages', 'scale of wages', 'wage rates', 'minimum wages', and 'prevailing wages' shall include - (1) the basic hourly rate of pay; and (2) the amount of - (A) the rate of contribution irrevocably made by a contractor or subcontractor to a trustee or to a third person pursuant to a fund, plan, or program; and (B) the rate of costs to the contractor or subcontractor which may be reasonably anticipated in providing benefits to laborers and mechanics pursuant to an enforcible commitment to carry out a financially responsible plan or program which was communicated in writing to the laborers and mechanics affected, 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 foregoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying 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 such benefits: Provided, That the obligation of a contractor or subcontractor to make payment in accordance with the prevailing wage determinations of the Secretary of Labor, insofar as sections 276a to 276a-5 of this title and other Acts incorporating sections 276a to 276a-5 of this title by reference are concerned may be discharged by the making of payments in cash, by the making of contributions of a type referred to in paragraph (2)(A), or by the assumption of an enforcible commitment to bear the costs of a plan or program of a type referred to in paragraph (2)(B), or any combination thereof, where the aggregate of any such payments, contributions, and costs is not less than the rate of pay described in paragraph (1) plus the amount referred to in paragraph (2). In determining the overtime pay to which the laborer or mechanic is entitled under any Federal law, his regular or basic hourly rate of pay (or other alternative rate upon which premium rate of overtime compensation is computed) shall be deemed to be the rate computed under paragraph (1), except that where the amount of payments, contributions, or costs incurred with respect to him exceeds the prevailing wage applicable to him under sections 276a to 276a-5 of this title, such regular or basic hourly rate of pay (or such other alternative rate) shall be arrived at by deducting from the amount of payments, contributions, or costs actually incurred with respect to him, the amount of contributions or costs of the types described in paragraph (2) actually incurred with respect to him, or the amount determined under paragraph (2) but not actually paid, whichever amount is the greater. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 1, 46 Stat. 1494; Aug. 30, 1935, ch. 825, 49 Stat. 1011; June 15, 1940, ch. 373, Sec. 1, 54 Stat. 399; July 12, 1960, Pub. L. 86-624, Sec. 26, 74 Stat. 418; July 2, 1964, Pub. L. 88-349, Sec. 1, 78 Stat. 238.) -MISC1- AMENDMENTS 1964 - Pub. L. 88-349 designated existing provisions as subsec. (a) and added subsec. (b). 1960 - Pub. L. 86-624 struck out references to Territories of Alaska and Hawaii. 1940 - Act June 15, 1940, extended benefits of this section to Territories of Alaska and Hawaii. 1935 - Act Aug. 30, 1935, amended section generally. EFFECTIVE DATE OF 1964 AMENDMENT Section 4 of Pub. L. 88-349 provided that: 'The amendments made by this Act (amending this section, section 1715c of Title 12, Banks and Banking, and section 1114 of Title 49, Appendix, Transportation) shall take effect on the ninetieth day after the date of enactment of this Act (July 2, 1964), but shall not affect any contract in existence on such effective date or made thereafter pursuant to invitations for bids outstanding on such effective date and the rate of payments specified by section 1(b)(2) of the Act of March 3, 1931, as amended by this Act (subsec. (b)(2) of this section), shall, during a period of two hundred and seventy days after such effective date, become effective only in those cases and reasonable classes of cases as the Secretary of Labor, acting as rapidly as practicable to make such rates of payments fully effective, shall by rule of regulation provide.' EFFECTIVE DATE OF 1940 AMENDMENT Section 2 of act June 15, 1940, provided: 'The amendments made by this Act (amending this section) shall take effect on the thirtieth day after the date of enactment of this Act (June 15, 1940), but shall not affect any contract in existence on such effective date or made thereafter pursuant to invitations for bids outstanding on the date of enactment of this Act.' SHORT TITLE Act Mar. 3, 1931, as amended, which enacted sections 276a to 276a-5 of this title, is popularly known as the 'Davis-Bacon Act'. CONTRACTING AUTHORITY OF GOVERNMENT AGENCIES IN CONNECTION WITH NATIONAL DEFENSE FUNCTIONS Provisions of sections 276a to 276a-5 of this title as applicable to Government agencies exercising certain contracting authority in connection with national defense functions, see section 13 of Ex. Ord. No. 10789, set out as a note under section 1431 of Title 50, War and National Defense. ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- FEDERAL RULES OF CIVIL PROCEDURE Intervention, see rule 24, Title 28, Appendix, Judiciary and Judicial Procedure. Effect of rule 24 on this section, see note by Advisory Committee under that rule. -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Davis-Bacon Act (40 U.S.C. 276a to 276a-5) is referred to in sections 276a-7, 808 of this title; title 10 section 2304; title 12 sections 1701q, 1715c; title 15 section 3152; title 16 section 284c; title 20 sections 954, 956, 1132g-1, 1232b, 4322, 4332; title 23 section 113; title 25 sections 450e, 458, 1633; title 29 sections 251 to 256, 258, 259, 262, 776, 1553; title 33 section 1372; title 38 section 5035; title 39 section 410; title 40 App. section 402; title 41 sections 42, 258; title 42 sections 242m, 254b, 254c, 291e, 293a, 300j-9, 300s-1, 300t-12, 1437j, 1440, 1486, 1592i, 2992a, 3027, 3107, 3222, 3936, 4728, 5046, 5310, 5919, 6042, 6063, 6371j, 6708, 6728, 6881, 6979, 7614, 8013, 9604, 12836; title 45 section 565; title 49 App. sections 1609, 2214; title 50 App. sections 2095, 2096, 2281. ------DocID 44143 Document 389 of 816------ -CITE- 40 USC Sec. 276a-1 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-1. Termination of work on failure to pay agreed wages; completion of work by Government -STATUTE- Every contract within the scope of sections 276a to 276a-5 of this title shall contain the further provision that in the event it is found by the contracting officer 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 as aforesaid, the Government may, by written notice to the contractor, terminate his right to proceed with the work or such part of the work as to which there has been a failure to pay said required wages and to prosecute the work to completion by contract or otherwise, and the contractor and his sureties shall be liable to the Government for any excess costs occasioned the Government thereby. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 2, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) -MISC1- ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44144 Document 390 of 816------ -CITE- 40 USC Sec. 276a-2 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-2. Payment of wages by Comptroller General from withheld payments; listing contractors violating contracts -STATUTE- (a) The Comptroller General of the United States is authorized and directed to pay directly to laborers and mechanics from any accrued payments withheld under the terms of the contract any wages found to be due laborers and mechanics pursuant to sections 276a to 276a-5 of this title; and the Comptroller General of the United States is further authorized and is directed to distribute a list to all departments of the Government giving the names of persons or firms whom he has found to have disregarded their obligations to employees and subcontractors. No contract shall be awarded to the persons or firms appearing on this list or to any firm, corporation, partnership, or association in which such persons or firms have an interest until three years have elapsed from the date of publication of the list containing the names of such persons or firms. (b) If the accrued payments withheld under the terms of the contract, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to sections 276a to 276a-5 of this title, such laborers and mechanics shall have the right of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 3, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) -MISC1- ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44145 Document 391 of 816------ -CITE- 40 USC Sec. 276a-3 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-3. Effect on other Federal laws -STATUTE- Sections 276a to 276a-5 of this title shall not be construed to supersede or impair any authority otherwise granted by Federal law to provide for the establishment of specific wage rates. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 4, as added Aug. 30, 1935, ch. 825, 49 Stat. 1012.) ------DocID 44146 Document 392 of 816------ -CITE- 40 USC Sec. 276a-4 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-4. Effective date of sections 276a to 276a-5 -STATUTE- Sections 276a to 276a-5 of this title shall take effect thirty days after August 30, 1935, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding on August 30, 1935. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 5, as added Aug. 30, 1935, ch. 825, 49 Stat. 1013.) ------DocID 44147 Document 393 of 816------ -CITE- 40 USC Sec. 276a-5 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-5. Suspension of sections 276a to 276a-5 during emergency -STATUTE- In the event of a national emergency the President is authorized to suspend the provisions of sections 276a to 276a-5 of this title. -SOURCE- (Mar. 3, 1931, ch. 411, Sec. 6, as added Aug. 30, 1935, ch. 825, 49 Stat. 1013.) -MISC1- TERMINATION OF WAR AND EMERGENCIES Joint Res. July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that in the interpretation of this section, the date July 25, 1947, shall 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. ------DocID 44148 Document 394 of 816------ -CITE- 40 USC Sec. 276a-6 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-6. Omitted -COD- CODIFICATION Section, act Mar. 3, 1931, ch. 411, Sec. 7, as added Aug. 30, 1935, ch. 825, 49 Stat. 1011, provided that the funds made available by the Emergency Relief Appropriation Act of 1935 (act Apr. 8, 1935, ch. 48, 49 Stat. 115) should be available for the fiscal year ending June 30, 1936, for administrative expenses under sections 276a to 276a-5 of this title. ------DocID 44149 Document 395 of 816------ -CITE- 40 USC Sec. 276a-7 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276a-7. Application of sections 276a to 276a-5 to contracts entered into without regard to section 5 of title 41 -STATUTE- The fact that any contract authorized by any Act is entered into without regard to section 5 of title 41, or upon a cost-plus-a-fixed-fee basis or otherwise without advertising for proposals, shall not be construed to render inapplicable the provisions of sections 276a to 276a-5 of this title, if such Act would otherwise be applicable to such contract. -SOURCE- (Mar. 23, 1941, ch. 26, 55 Stat. 53; Aug. 21, 1941, ch. 395, 55 Stat. 658.) ------DocID 44150 Document 396 of 816------ -CITE- 40 USC Sec. 276b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276b. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862 -MISC1- Section, act June 13, 1934, ch. 482, Sec. 1, 48 Stat. 948, related to extortion from persons employed in construction of building or works financed by United States. See section 874 of Title 18, Crimes and Criminal Procedure. EFFECTIVE DATE OF REPEAL Repeal effective Sept. 1, 1948, pursuant to section 20 of act June 25, 1948. ------DocID 44151 Document 397 of 816------ -CITE- 40 USC Sec. 276c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 276c. Regulations governing contractors and subcontractors -STATUTE- The Secretary of Labor shall make reasonable regulations for contractors and subcontractors engaged in the construction, prosecution, completion or repair of public buildings, public works or buildings or works financed in whole or in part by loans or grants from the United States, including a provision that each contractor and subcontractor shall furnish weekly a statement with respect to the wages paid each employee during the preceding week. Section 1001 of title 18 shall apply to such statements. -SOURCE- (June 13, 1934, ch. 482, Sec. 2, 48 Stat. 948; May 24, 1949, ch. 139, Sec. 134, 63 Stat. 108; Aug. 28, 1958, Pub. L. 85-800, Sec. 12, 72 Stat. 967.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-800 substituted 'statement' for 'sworn affidavit' and inserted sentence making section 1001 of title 18 applicable to statements. 1949 - Act May 24, 1949, amended section generally and substituted provision that regulations be made by the Secretary of Labor for provision that regulations be made by the Secretary of the Interior and Secretary of the Treasury jointly. ENFORCEMENT OF LABOR STANDARDS Labor standards under provisions of this section to be prescribed and enforced by Secretary of Labor, see Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, set out in the Appendix to Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Public library construction, application of section to, see section 355c of Title 20, Education. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 330, 808 of this title; title 20 sections 954, 956, 1232b, 4322, 4332; title 25 section 450e; title 29 sections 776, 1553; title 33 section 1372; title 39 section 410; title 40 App. section 402; title 42 sections 242m, 254b, 254c, 291e, 293a, 300j-9, 300s-1, 300t-12, 1440, 1486, 1592i, 2992a, 3027, 3107, 3222, 5046, 5310, 5919, 6042, 6063, 6371j, 6708, 6728, 6881, 6979, 7614, 9604; title 49 App. section 1609; title 50 App. sections 2095, 2096, 2281. ------DocID 44152 Document 398 of 816------ -CITE- 40 USC Sec. 277 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 277. Repealed. Pub. L. 86-249, Sec. 17(16), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, act Aug. 5, 1892, ch. 380, 27 Stat. 351, placed a limitation on the amount of compensation payable to persons employed outside of the District of Columbia whose compensation is paid from appropriations for public buildings in course of construction. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44153 Document 399 of 816------ -CITE- 40 USC Sec. 277a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 277a. Omitted -COD- CODIFICATION Section, acts June 27, 1942, ch. 450, title I, 56 Stat. 407; June 26, 1943, ch. 145, title I, 57 Stat. 178; June 27, 1944, ch. 286, title I, 58 Stat. 368; May 3, 1945, ch. 106, title I, 59 Stat. 114; Mar. 28, 1946, ch. 113, title I, 60 Stat. 67; July 30, 1947, ch. 359, title I, 61 Stat. 594; Apr. 20, 1948, ch. 219, title I, 62 Stat. 183; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380; Aug. 24, 1949, ch. 506, title I, 63 Stat. 640, related to compensation of per diem employees, at rates approved by the Administrator of General Services, out of appropriations for salaries and expenses, public buildings and grounds in and outside the District of Columbia, and for national industrial reserve; and to emergency employment such persons subject to the Administrator's confirmation. While similar provisions, with respect to such compensation, were contained in the Independent Offices Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 697, they are broader in scope, and the language of this section was not repeated therein in toto. It would seem that the provisions expire from year to year with the particular appropriation acts of which they are a part. ------DocID 44154 Document 400 of 816------ -CITE- 40 USC Sec. 278 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278. Repealed. Pub. L. 86-249, Sec. 17(17), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, act Mar. 3, 1887, ch. 362, 24 Stat. 512, related to the employment of persons for supervision and care of buildings where buildings are completed with the exception of heating apparatus and approaches. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44155 Document 401 of 816------ -CITE- 40 USC Sec. 278a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278a. Repealed. Pub. L. 100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052 -MISC1- Section, acts June 30, 1932, ch. 314, Sec. 322, 47 Stat. 412; Mar. 3, 1933, ch. 212, title II, Sec. 15, 47 Stat. 1517, related to limitations on amount to be expended for rental of buildings for Government purposes. Section was formerly classified to section 40a of this title. EXEMPTION ON 15 PERCENT LIMITATION FOR LEASES Pub. L. 98-151, Sec. 101(f) (H.R. 4139, title IV, Sec. 6), Nov. 14, 1983, 97 Stat. 973; Pub. L. 100-202, Sec. 106, Oct. 22, 1987, 101 Stat. 1329-433, provided that: 'Funds made available by this or any other Act for the payment of rent shall be hereafter available for the purpose of leasing space without regard to section 322 of the Act of June 30, 1932, as amended (40 U.S.C. 278a).' Similar provisions were contained in the following prior appropriation acts: Pub. L. 98-107, Sec. 101(d) (H.R. 4139, title IV, Sec. 6), Oct. 1, 1987, 97 Stat. 736, as amended by Pub. L. 98-151, Sec. 140, Nov. 14, 1983, 97 Stat. 981; Pub. L. 97-377, Sec. 101(a) (incorporating H.R. 4121, title IX, Sec. 7, for FY 1982), Dec. 21, 1982, 96 Stat. 1830; Pub. L. 97-92, Sec. 101(a) (H.R. 4121, title IV, Sec. 7), Dec. 15, 1981, 95 Stat. 1183. ------DocID 44156 Document 402 of 816------ -CITE- 40 USC Sec. 278b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278b. Omitted -COD- CODIFICATION Section, act Apr. 28, 1942, ch. 249, 56 Stat. 247, provided for nonapplicability of section 278a of this title during war or national emergency. ------DocID 44157 Document 403 of 816------ -CITE- 40 USC Sec. 278c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 278c. Omitted -COD- CODIFICATION Section, act Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 708, excepted the provisions of section 278a of this title from any lease entered into by or transferred to the General Services Administration for the housing of agencies specifically exempted from said section 278a, and was not repeated in subsequent appropriation acts. ------DocID 44158 Document 404 of 816------ -CITE- 40 USC Sec. 279 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 279. Appropriations for buildings available for use in temporary rented quarters -STATUTE- Unless otherwise specifically provided by law, whenever the Administrator of General Services is authorized to secure temporary quarters for the use of Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of, any public building belonging to the United States under the control of the Administrator of General Services the appropriation for vaults, safes, and locks for public buildings shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States. -SOURCE- (Mar. 3, 1905, ch. 1483, 33 Stat. 1161; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on Sundry Civil Appropriation Act Mar. 3, 1905, fiscal year 1906. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44159 Document 405 of 816------ -CITE- 40 USC Sec. 280 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 280. Operating supplies, operating force, and repairs -STATUTE- Unless otherwise specifically provided by law, whenever the Administrator of General Services is authorized to secure temporary quarters for the use of the Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of any public building under the control of the Administrator of General Services, including the customhouse at Washington, District of Columbia, but excluding any other public building under the control of the Administrator of General Services within the District of Columbia, and excluding also marine hospitals and quarantine stations, mints and branch mints, appropriations for operating force and operating supplies for public buildings shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States. -SOURCE- (Aug. 24, 1912, ch. 355, 37 Stat. 432; June 23, 1913, ch. 3, 38 Stat. 22; 1939 Reorg. Plan No. 1, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on provisos in the Sundry Civil Appropriation Acts Aug. 24, 1912, and June 23, 1913, respectively, fiscal years 1913 and 1914. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. 1 of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44160 Document 406 of 816------ -CITE- 40 USC Sec. 281 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 281. Furniture and repairs -STATUTE- Unless otherwise specifically provided by law, whenever the Administrator of General Services is authorized to secure temporary quarters for the use of Government officials pending the alteration, improvement, or repairs to, or the remodeling, reconstruction, or enlargement of any public building under the control of the Administrator of General Services, excluding marine hospitals and quarantine stations, mints and branch mints, appropriations for furniture and repairs of furniture, shall be available, if necessary, in connection with such portions of the premises as may be rented for or occupied by such officials in the same manner, for the same purpose, and to the same extent as if the title to such premises were vested in the United States. -SOURCE- (June 23, 1913, ch. 3, 38 Stat. 22; 1939 Reorg. Plan No. 1, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on a proviso in Sundry Civil Appropriation Act June 23, 1913, fiscal year 1914. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44161 Document 407 of 816------ -CITE- 40 USC Sec. 282 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 282. Repealed. Pub. L. 86-249, Sec. 17(14), Sept. 9, 1959, 73 Stat. 485 -MISC1- Section, act July 1, 1916, ch. 209, 39 Stat. 273, provided that appropriations for care, maintenance, and repair shall be available for assay offices assigned quarters in Federal buildings. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44162 Document 408 of 816------ -CITE- 40 USC Sec. 283 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 283. Furniture for new buildings -STATUTE- The furniture for all new public buildings shall be procured in accordance with plans and specifications approved by the Administrator of General Services. -SOURCE- (May 27, 1908, ch. 200, 35 Stat. 327; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933; 1939 Reorg. Plan No. 1, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on act May 27, 1908, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1909'. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, including Public Buildings Administration, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Administrator, Public Buildings Administrator, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. Office of Supervising Architect of Treasury Department transferred to Public Buildings Branch of Procurement Division of Treasury Department under Ex. Ord. No. 6166. By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44163 Document 409 of 816------ -CITE- 40 USC Sec. 284 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 284. Omitted -COD- CODIFICATION Section, acts Feb. 17, 1922, ch. 55, 42 Stat. 387; Jan. 3, 1923, ch. 22, 42 Stat. 1108; Apr. 4, 1924, ch. 84, title I, 43 Stat. 82; Jan. 22, 1925, ch. 87, title I, 43 Stat. 781; Mar. 2, 1926, ch. 43, title I, Sec. 1, 44 Stat. 153; Jan. 26, 1927, ch. 58, title I, Sec. 1, 44 Stat. 1044; Mar. 5, 1928, ch. 126, title I, Sec. 1, 45 Stat. 185; Dec. 20, 1928, ch. 39, title I, Sec. 1, 45 Stat. 1048; May 15, 1930, ch. 289, title I, Sec. 1, 46 Stat. 358; Feb. 23, 1931, ch. 277, title I, Sec. 1, 46 Stat. 1234; July 5, 1932, ch. 430, title I, Sec. 1, 47 Stat. 596; Mar. 3, 1933, ch. 212, title I, Sec. 1, 47 Stat. 1505; Mar. 15, 1934, ch. 70, title I, Sec. 1, 48 Stat. 441, 449; May 14, 1935, ch. 110, title I, 49 Stat. 233; June 23, 1936, ch. 725, title I, 49 Stat. 1843; May 14, 1937, ch. 180, titles I, II, 50 Stat. 153, 163; Mar. 28, 1938, ch. 55, titles I, II, 52 Stat. 137, 147; May 6, 1939, ch. 115, title I, Sec. 1, 53 Stat. 672, 682; Mar. 25, 1940, ch. 71, title II, 54 Stat. 77; May 31, 1941, ch. 156, title II, Sec. 1, 55 Stat. 234; Mar. 10, 1942, ch. 178, title II, Sec. 1, 56 Stat. 169; June 27, 1942, ch. 450, 56 Stat. 407; June 26, 1943, ch. 145, title I, Sec. 1, 57 Stat. 178; June 30, 1943, ch. 179, title II, Sec. 201, 57 Stat. 243; Apr. 22, 1944, ch. 175, title II, Sec. 1, 58 Stat. 214; June 27, 1944, ch. 286, title I, Sec. 1, 58 Stat. 368; Apr. 24, 1945, ch. 92, title II, 59 Stat. 74; May 3, 1945, ch. 106, title I, Sec. 1, 59 Stat. 114; Mar. 28, 1946, ch. 113, title I, Sec. 101, 60 Stat. 67; July 20, 1946, ch. 588, title II, Sec. 201, 60 Stat. 585; July 1, 1947; ch. 186, title II, Sec. 201, 61 Stat. 233; July 30, 1947, ch. 359, title I, Sec. 101, 61 Stat. 593; Apr. 20, 1948, ch. 219, title 1, Sec. 101, 62 Stat. 183; June 14, 1948, ch. 466, title II, Sec. 201, 62 Stat. 421; June 30, 1949, ch. 286, title II, Sec. 201, 63 Stat. 380; Aug. 24, 1949, ch. 506, title I, Sec. 101, 63 Stat. 640, which related to the use of old furniture owned by the United States in certain public buildings, was not repeated in the Independent Offices Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VIII, title I, Sec. 101, 64 Stat. 697, and apparently expired with the appropriation acts of which it was a part. See, however, section 471 et seq. of this title. ------DocID 44164 Document 410 of 816------ -CITE- 40 USC Sec. 285 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 285. Buildings under control of Administrator of General Services -STATUTE- All courthouses, customhouses, appraiser's stores, barge offices, and other public buildings outside of the District of Columbia and outside of military reservations which have been purchased or erected, or are in course of construction, or which may be erected or purchased out of any appropriation under the control of the Administrator of General Services, together with the site or sites thereof, are expressly declared to be under the exclusive jurisdiction and control and in the custody of the Administrator of General Services, who shall have full power to take possession of and assign and reassign rooms therein to such Federal officials, clerks, and employees as in his judgment and discretion should be furnished with offices or rooms therein. -SOURCE- (July 1, 1898, ch. 546, Sec. 1, 30 Stat. 614; May 29, 1920, ch. 214, Sec. 1, 41 Stat. 654; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION Section is based on act July 1, 1898, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1899'. Originally this section contained, among the buildings mentioned, reference to subtreasuries and post offices. Act May 29, 1920, ch. 214, Sec. 1, 41 Stat. 654, discontinued subtreasuries. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Ex. Ord. No. 6166 transferred administration of post office buildings to Post Office Department. 'Federal Works Agency,' as formerly used in this section, originally read 'Treasury Department,' and 'Federal Works Administrator' originally read 'Secretary of the Treasury.' By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44165 Document 411 of 816------ -CITE- 40 USC Sec. 285a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 285a. Washington City post office under control of United States Postal Service -STATUTE- The United States Postal Service shall have exclusive jurisdiction, control, and custody of the Washington City post office and the additions thereto, located at North Capitol Street and Massachusetts Avenue, to be operated and maintained by it the same as other public buildings under its custody and control. -SOURCE- (Mar. 1, 1933, ch. 162, 47 Stat. 1419; Ex. Ord. No. 6166, Sec. 1, eff. June 10, 1933; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 6(o), 84 Stat. 773, 783.) -CHANGE- CHANGE OF NAME 'United States Postal Service' substituted in text for 'Post Office Department' pursuant to Pub. L. 91-375, Sec. 4(a), 6(o), Aug. 12, 1970, 84 Stat. 773, 783, which are set out as notes preceding section 101 of Title 39, Postal Service, and under section 201 of Title 39, respectively, which abolished the Post Office Department, transferred its functions to the United States Postal Service, and provided that references in other laws to the Post Office Department shall be considered a reference to the United States Postal Service. -TRANS- TRANSFER OF FUNCTIONS Ex. Ord. No. 6166 transferred administration of post office building from Secretary of the Treasury as provided by act Mar. 1, 1933, to Post Office Department. ------DocID 44166 Document 412 of 816------ -CITE- 40 USC Sec. 286 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 286. Buildings not to be draped in mourning -STATUTE- On and after March 3, 1893, no building owned, or used for public purposes, by the Government of the United States, shall be draped in mourning and no part of the public fund shall be used for such purpose. -SOURCE- (Mar. 3, 1893, ch. 211, Sec. 3, 27 Stat. 715.) -COD- CODIFICATION Section is based on act Mar. 3, 1893, popularly known as the 'Legislative, Executive, and Judicial Appropriation Act, fiscal year 1894'. ------DocID 44167 Document 413 of 816------ -CITE- 40 USC Sec. 287 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 287. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(93), 65 Stat. 705 -MISC1- Section, act June 6, 1900, ch. 791, 31 Stat. 592, related to inclusion in annual reports information with respect to public buildings. See section 492 of this title. ------DocID 44168 Document 414 of 816------ -CITE- 40 USC Sec. 288 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 288. Customhouse wharf at Charleston, South Carolina -STATUTE- The United States customhouse wharf at Charleston, South Carolina, shall be in the custody and under the control of the Department of the Army, and all branches of the public service using said wharf on January 11, 1922, shall be permitted to continue their use of the same. -SOURCE- (Jan. 11, 1922, ch. 27, 42 Stat. 356; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.) -CHANGE- CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army. ------DocID 44169 Document 415 of 816------ -CITE- 40 USC Sec. 289 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 289. Buildings for departments; control of space; compensation -STATUTE- The control of assignment of space in the buildings authorized by the Act of February 27, 1929, chapter 354, section 5, 45 Statutes 1342, shall be vested in the Administrator of General Services. Compensation for such occupancy, space, and facilities as are utilized by the Mayor of the District of Columbia shall be on a rental basis on terms to be fixed by a board consisting of the Administrator of General Services and the Mayor of the District of Columbia. -SOURCE- (Feb. 27, 1929, ch. 354, Sec. 6, 45 Stat. 1343; Ex. Ord. 6166, Sec. 1, 2, eff. June 10, 1933; Mar. 2, 1934, ch. 38, Sec. 1, 48 Stat. 389; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; 1967 Reorg. Plan No. 3, Sec. 401, 503(b), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951, 979; Dec. 24, 1973, Pub. L. 93-198, title IV, Sec. 421, 87 Stat. 789.) -REFTEXT- REFERENCES IN TEXT Section 5 of Act February 27, 1929, referred to in text, read as follows: 'That the Director of Public Buildings and Public Parks of the National Capital be, and he is hereby, authorized and directed to acquire by purchase, condemnation, or otherwise, such sites and additions to sites, in the vicinity of United States Reservations 17B, 17C, 17D, or 113, as may be necessary, and is authorized and directed to construct, on the sites so acquired or on other land in said District belonging to the United States not needed for other purposes, the location to be subject to the approval of the National Capital Park and Planning Commission, a building or buildings of fireproof warehouse type, with approximately four hundred thousand square feet of floor space, to provide storage space and facilities and the necessary offices connected therewith, for use of the General Supply Committee of the Treasury Department, of other departments or Independent Establishments of the United States Government, and of the municipal government of the District of Columbia.' -COD- CODIFICATION Section is based on section 6 of act Feb. 27, 1929, which read: 'That the control of assignment of space in (said building or buildings) shall be vested in the Public Buildings Commission, established by section 10 of the Act approved March 1, 1919. Compensation for such occupancy, space, and facilities as are utilized by the Commissioners of the District of Columbia shall be on a rental basis on terms to be fixed by a board consisting of the director of Public Buildings and Public Parks of the National Capital, the engineer commissioner of the District of Columbia, and the Supervising Architect of the Treasury.' Section was formerly classified to section 289a of this title. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of the District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'Commissioners'. Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Control of assignment of space under this section was originally in Public Buildings Commission. Ex. Ord. No. 6166, Sec. 2, abolished Public Buildings Commission and transferred its functions to Office of National Parks, Buildings, and Reservations in Department of the Interior. Name of Office of National Parks, Buildings, and Reservations changed to 'National Park Service' by act Mar. 2, 1934. Functions of National Park Service in District of Columbia in connection with general assignment of space, etc., transferred to Public Buildings Administration, Federal Works Agency, by Reorg. Plan No. I of 1939. Office of Public Buildings and Public Parks of National Capital abolished and functions thereof and those of Director thereof transferred to Office of National Parks, Buildings, and Reservations of Department of the Interior by Ex. Ord. No. 6166. Name of latter office changed to 'National Park Service' by act Mar. 2, 1934. Functions of Director of National Park Service relating to public buildings transferred to Federal Works Administrator by section 303(b) of Reorg. Plan No. 1 of 1939. Office of Supervising Architect of Treasury Department transferred to Public Buildings Branch of Procurement Division of Treasury Department under Ex. Ord. No. 6166, Sec. 1. By Reorg. Plan I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. TRANSFER OF SPACE ASSIGNMENT AND LEASING FUNCTIONS Transfer of space assignment and leasing functions to Administrator of General Services, see Reorg. Plan No. 18 of 1950, Sec. 1, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. ------DocID 44170 Document 416 of 816------ -CITE- 40 USC Sec. 289a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 289a. Transferred -COD- CODIFICATION Section, act Feb. 27, 1929, ch. 354, Sec. 6, 45 Stat. 1343, which related to control of space in buildings for use of General Supply Committee of the Treasury, was transferred to section 289 of this title. ------DocID 44171 Document 417 of 816------ -CITE- 40 USC Sec. 290 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 290. State workmen's compensation laws; extension to buildings and works of United States -STATUTE- Whatsoever constituted authority of each of the several States is charged with the enforcement of and requiring compliances with the State workmen's compensation laws of said States and with the enforcement of and requiring compliance with the orders, decisions, and awards of said constituted authority of said States shall have the power and authority to apply such laws to all lands and premises owned or held by the United States of America by deed or act of cession, by purchase or otherwise, which is within the exterior boundaries of any State and to all projects, buildings, constructions, improvements, and property belonging to the United States of America, which is within the exterior boundaries of any State, in the same way and to the same extent as if said premises were under the exclusive jurisdiction of the State within whose exterior boundaries such place may be. For the purposes set out in this section, the United States of America vests in the several States within whose exterior boundaries such place may be, insofar as the enforcement of State workmen's compensation laws are affected, the right, power, and authority aforesaid: Provided, however, That by the passage of this section the United States of America in nowise relinquishes its jurisdiction for any purpose over the property named, with the exception of extending to the several States within whose exterior boundaries such place may be only the powers above enumerated relating to the enforcement of their State workmen's compensation laws as herein designated: Provided further, That nothing in this section shall be construed to modify or amend subchapter I of chapter 81 of title 5. -SOURCE- (June 25, 1936, ch. 822, Sec. 1, 2, 49 Stat. 1938, 1939.) -COD- CODIFICATION In the last par., 'subchapter I of chapter 81 of title 5' 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.)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. ------DocID 44172 Document 418 of 816------ -CITE- 40 USC Sec. 291 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 291. Admission of guide dogs accompanied by blind masters -STATUTE- Seeing-eye dogs or other guide dogs, especially trained and educated for that purpose, accompanied by their blind masters, shall be admitted to any building or other property owned or controlled by the United States, upon the same terms and conditions, and subject to the same regulations as generally govern the admission of the public to such property: Provided, That such dogs shall not be permitted to run free or roam in or on such property, and shall be in guiding harness or on leash and under the control of their blind masters at all times while in or on such property. The head of each department or other agency of the United States may make such rules and regulations as he deems necessary in the public interest to carry out the provisions of this section in its application to any such building or other property subject to his jurisdiction. -SOURCE- (Dec. 10, 1941, ch. 563, 55 Stat. 796.) ------DocID 44173 Document 419 of 816------ -CITE- 40 USC Sec. 292 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 292. Omitted -COD- CODIFICATION Section, acts May 3, 1945, ch. 106, title I, 59 Stat. 114; Mar. 28, 1946, ch. 113, title I, 60 Stat. 67; July 30, 1947, ch. 359, title I, 61 Stat. 594; Apr. 20, 1948, ch. 219, title I, 62 Stat. 183; June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380; Aug. 24, 1949, ch. 506, title I, 63 Stat. 640, which related to availability to the Administrator of General Services of appropriations (for salaries and expenses, public buildings and grounds in and outside the District of Columbia) for communication services serving governmental activities and services to motor vehicles, and reimbursement, was not repeated in subsequent appropriation acts. ------DocID 44174 Document 420 of 816------ -CITE- 40 USC Sec. 293 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 293. Working capital fund for blueprinting, photostating, and duplicating services in General Services Administration; reimbursement -STATUTE- For the establishment of a working capital fund there is appropriated $50,000, without fiscal year limitation, for the payment of salaries and other expenses necessary to the operation of a central blue-printing, photostating, and duplicating service; said fund to be reimbursed in order to insure continuous operation, from available funds of constituents of the Administrator of General Services, or of any other Federal agency for which services are performed, at rates to be determined by the Administrator of General Services on the basis of estimated or actual charges for personal services, materials, equipment (including maintenance, repair, and depreciation on existing as well as new equipment) and other expenses: Provided, That at the close of each fiscal year any excess of funds resulting from such operation, after making adequate provision for the replacement of mechanical and other equipment and for accrued annual leave of employees engaged in this work by the establishment of reserves therefor, shall be covered into the Treasury of the United States as miscellaneous receipts. -SOURCE- (May 3, 1945, ch. 106, title I, 59 Stat. 115; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44175 Document 421 of 816------ -CITE- 40 USC Sec. 294 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 294. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(94), 65 Stat. 705 -MISC1- Section, act June 14, 1946, ch. 404, Sec. 5, 60 Stat. 258, related to maintenance of survey of Government-owned or leased office space, determination of economical use thereof, and reports of findings. See section 487 of this title. ------DocID 44176 Document 422 of 816------ -CITE- 40 USC Sec. 295 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 295. Operation of public utility communications services serving governmental activities -STATUTE- The Administrator of General Services is authorized to provide and operate public utility communications services serving one or more governmental activities, in and outside the District of Columbia, where it is found that such services are economical and in the interest of the Government. This section does not apply to communications systems for handling messages of a confidential or secret nature, or to the operation of cryptographic equipment or transmission of secret, security, or coded messages, or to buildings operated or occupied by the United States Postal Service, except upon request of the department or agency concerned. -SOURCE- (June 14, 1946, ch. 404, Sec. 7, 60 Stat. 258; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 6(o), 84 Stat. 773, 783.) -CHANGE- CHANGE OF NAME 'United States Postal Service' substituted in text for 'Post Office Department' pursuant to Pub. L. 91-375 which abolished Post Office Department, transferred its functions to United States Postal Service, and provided that references in other laws to Post Office Department shall be considered a reference to United States Postal Service. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44177 Document 423 of 816------ -CITE- 40 USC Sec. 296 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 296. Transfer of administrative expenses into special account -STATUTE- In the prosecution of construction projects or planning programs assigned to the Administrator of General Services for which funds are provided by direct appropriation or transferred under authority contained in section 265 of this title, an amount administratively determined as necessary for the payment of salaries and expenses of personnel engaged upon the preparation of plans and specifications, field supervision, and general office expense, may be transferred and consolidated on the books of the Treasury Department into a special account for direct expenditure in the prosecution of said work, such expenditures to be subsequently allocated and reported upon by projects in accordance with procedures prescribed by the General Accounting Office. -SOURCE- (June 14, 1946, ch. 404, Sec. 9, 60 Stat. 259; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 265 of this title, referred to in text, was repealed by Pub. L. 86-249, Sec. 17(11), Sept. 9, 1959, 73 Stat. 485. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 490, 490a of this title. ------DocID 44178 Document 424 of 816------ -CITE- 40 USC Sec. 297 to 298 -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 297 to 298. Repealed. Pub. L. 86-249, Sec. 17(18), Sept. 9, 1959, 73 Stat. 486 -MISC1- Section 297, act June 16, 1949, ch. 218, title III, Sec. 301, 63 Stat. 198, related to renovation and improvement of Federal buildings outside District of Columbia. See section 601 et seq. of this title. Section 297a, act June 16, 1949, ch. 218, title III, Sec. 302, 63 Stat. 198, authorized appropriations for carrying out purposes of section 297 of this title. Section 298, act June 16, 1949, ch. 218, title IV, Sec. 401, 63 Stat. 198, provided for employment of architectural, professional, or technical firms or individuals, and authorized holding of competitions for project designs. See section 601 et seq. of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44179 Document 425 of 816------ -CITE- 40 USC Sec. 298a -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 298a. Acceptance of gifts of real, personal, or other property -STATUTE- The Administrator of General Services, together with the United States Postal Service where his office is concerned, is authorized to accept on behalf of the United States unconditional gifts of real, personal, or other property in aid of any project or function within their respective jurisdictions. -SOURCE- (June 16, 1949, ch. 218, title IV, Sec. 404, 63 Stat. 199; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 84 Stat. 773.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. 'United States Postal Service' substituted for 'Postmaster General' in text pursuant to Pub. L. 91-375 which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -MISC5- REPEAL OF INCONSISTENT ACTS Section 413 (formerly section 411) of act June 16, 1949, 63 Stat. 200, as redesignated by acts July 22, 1954, ch. 560, Sec. 101, 68 Stat. 518, and July 12, 1955, ch. 331, 69 Stat. 297, provided that: 'All Acts and parts of Acts inconsistent or in conflict with the foregoing provisions (enacting this section and sections 37a, 297, 297a, 298, 298b to 298d, and 352 to 356a of this title and amending section 345 of this title) are hereby repealed to the extent of such inconsistency or conflict.' ------DocID 44180 Document 426 of 816------ -CITE- 40 USC Sec. 298b -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 298b. Administrator of General Services to furnish services in continental United States to international bodies -STATUTE- The provisions of sections 1535 and 1536 of title 31, are extended to authorize the Administrator of General Services to furnish services in the continental United States, on the basis of full reimbursement, at the request of the State Department, to any international body with which the United States Government is affiliated. -SOURCE- (June 16, 1949, ch. 218, title IV, Sec. 405, 63 Stat. 199; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -COD- CODIFICATION 'Sections 1535 and 1536 of title 31' substituted in text for 'section 601 of the Economy Act, approved June 30, 1932, as amended (31 U.S.C. 686)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44181 Document 427 of 816------ -CITE- 40 USC Sec. 298c -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 298c. Repealed. Pub. L. 86-249, Sec. 17(18), Sept. 9, 1959, 73 Stat. 486 -MISC1- Section, act June 16, 1949, ch. 218, title IV, Sec. 406, 63 Stat. 199, authorized expenditure of not more than $1,800 for landscaping of grounds of any public building. SAVINGS PROVISION Section repealed except as to its application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44182 Document 428 of 816------ -CITE- 40 USC Sec. 298d -EXPCITE- TITLE 40 CHAPTER 3 -HEAD- Sec. 298d. Naming and renaming of buildings -STATUTE- The Administrator of General Services is authorized, notwithstanding any other provision of law, to name, rename, or otherwise designate any building under the custody and control of the General Services Administration, regardless of whether it was previously named by statute. -SOURCE- (June 16, 1949, ch. 218, title IV, Sec. 410, 63 Stat. 200; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; July 18, 1958, Pub. L. 85-542, 72 Stat. 399.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-542 struck out requirement of approval by Bureau of the Budget for change or rechange of name or designation. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, set out as an Effective Date note under section 471 of this title. ------DocID 44183 Document 429 of 816------ -CITE- 40 USC CHAPTER 4 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- CHAPTER 4 - THE PUBLIC PROPERTY -MISC1- Sec. 301. Charge of property transferred to the United States. 302 to 303a. Repealed. 303b. Lease of buildings by Government; money consideration. 303c. Maintenance and repair of Government improvements under concession contracts. 304. Disposal of lands acquired by devise. 304a. Disposition of surplus real property; assignment to governmental agency; lease; sale. 304a-1. Expenses of sale; maintenance. 304a-2. Demolition; historic buildings. 304b. Alterations and repairs to real property assigned; payment by agency. 304c. Payment by agencies of rent, repairs, alterations, maintenance, operation, and moving costs. 304d. Regulations under sections 304a to 304e. 304e. 'Federal agency', as used in sections 304a to 304e, defined. 304f. Disposition of property abandoned or forfeited to United States; definitions of words used in sections 304f to 304m. 304g. Disposition of property voluntarily abandoned to United States. 304h. Disposition of property forfeited to United States. 304i. Disposition of property subject to pending court proceedings for forfeiture. 304j. Appropriation available for maintenance, etc., of abandoned and forfeited property, payment of liens and other charges. 304k. Retention or delivery of abandoned or forfeited property deemed sale with respect to informer's fees and mitigation of forfeiture. 304l. Reports by agencies concerning abandoned or forfeited property; rules and regulations. 304m. Effect on other laws; abandoned or forfeited property excluded from allocation. 305. Power to obtain releases. 306. Release of lands in certain cases. 307. Omitted. 308. Releasing property from attachment. 309. Payment. 310. Abandoned property. 311, 311a. Repealed. 311b. Disposition of unfit horses and mules. 312 to 313a. Repealed or Omitted. 314. Sale of war supplies, lands, and buildings. 314a, 315. Omitted. 316. Disposition of securities. 317. Repealed. 318. Special police. (a) Appointment. (b) Powers. 318a. Rules and regulations; posting. 318b. Application for protection; detail of special police; utilization of Federal law-enforcement agencies. 318c. Penalties. 318d. Nonuniformed special policemen; powers; arrests without warrant. 319. Grant of easements; authority of executive agencies; application; protection of Federal interests; consideration; legislative jurisdiction: notice of relinquishment, acceptance and State proceedings. 319a. Termination of easements; notice to grantees, successors or assignees; effective date. 319b. Additional easement authority. 319c. Definitions for easement provisions. ------DocID 44184 Document 430 of 816------ -CITE- 40 USC Sec. 301 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 301. Charge of property transferred to the United States -STATUTE- The Administrator of General Services shall have charge of all lands and other property which have been or may be assigned, set off, or conveyed to the United States in payment of debts, and of all trusts created for the use of the United States in payment of debts due them; and of the sale and disposal of lands assigned or set off to the United States in payment of debts, or vested in them by mortgage or other security for the payment of debts: Provided, That this section shall not apply to real estate which has been or shall be assigned, set off, or conveyed to the United States, in payment of debts arising under the internal-revenue laws, nor to trusts created for the use of the United States, in payment of such debts due them. -SOURCE- (R.S. Sec. 3750; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759; June 2, 1965, Pub. L. 89-30, Sec. 2, 79 Stat. 119.) -REFTEXT- REFERENCES IN TEXT The internal-revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code. -COD- CODIFICATION R.S. Sec. 3750 derived from acts May 29, 1830, ch. 153, Sec. 1, 4 Stat. 414; Mar. 2, 1867, ch. 169, Sec. 4, 14 Stat. 472. -MISC3- AMENDMENTS 1965 - Pub. L. 89-30 substituted 'Administrator of General Services' for 'General Counsel for the Department of the Treasury'. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard and Commandant of Coast Guard excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. Act May 10, 1934, abolished offices of General Counsel and Assistant General Counsel for Bureau of Internal Revenue and offices of Solicitor and Assistant Solicitor of the Treasury, and transferred powers, duties, and functions thereof to General Counsel for Department of the Treasury. -CROSS- CROSS REFERENCES Administration of real estate acquired by the United States in payment of debts arising under the internal revenue laws, see section 7506 of Title 26, Internal Revenue Code. Distraint on real estate, see section 6331 et seq. of Title 26. Purchase of lands sold on execution by the United States, see section 3715 of Title 31, Money and Finance. ------DocID 44185 Document 431 of 816------ -CITE- 40 USC Sec. 302 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 302. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(95), 65 Stat. 705 -MISC1- Section, R.S. Sec. 3749, related to renting or selling of unproductive lands, or other property of United States acquired under judicial process or otherwise in collection of debts. See sections 483 and 484 of this title. ------DocID 44186 Document 432 of 816------ -CITE- 40 USC Sec. 303 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 303. Repealed. Aug. 5, 1947, ch. 493, Sec. 2, 61 Stat. 774 -MISC1- Section, acts July 28, 1892, ch. 316, 27 Stat. 321; May 29, 1928, ch. 901, Sec. 1(29), 45 Stat. 988, related to lease of property not required for public use by Secretary of the Army. See section 2667 of Title 10, Armed Forces. ------DocID 44187 Document 433 of 816------ -CITE- 40 USC Sec. 303a -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 303a. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(96), 65 Stat. 705 -MISC1- Section, act Mar. 3, 1879, ch. 182, 20 Stat. 383, related to leasing, by Secretary of the Treasury, of unoccupied and unproductive property of United States under his control, and annual reports in connection therewith. See sections 483, 484 and 492 of this title. The provision requiring the submission of annual reports had been previously repealed by act Aug. 7, 1946, ch. 770, Sec. 1(49), 60 Stat. 870. ------DocID 44188 Document 434 of 816------ -CITE- 40 USC Sec. 303b -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 303b. Lease of buildings by Government; money consideration -STATUTE- On and after June 30, 1932, except as otherwise specifically provided by law, the leasing of buildings and properties of the United States shall be for a money consideration only, and there shall not be included in the lease any provision for the alteration, repair, or improvement of such buildings or properties as a part of the consideration for the rental to be paid for the use and occupation of the same. The moneys derived from such rentals shall be deposited and covered into the Treasury as miscellaneous receipts. -SOURCE- (June 30, 1932, ch. 314, Sec. 321, 47 Stat. 412.) -CROSS- CROSS REFERENCES Lease of real or personal property by Secretary of a military department, section as inapplicable to, see section 2667 of Title 10, Armed Forces. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 303c of this title; title 10 section 2667; title 16 section 20f; title 38 sections 5022, 5070; title 42 sections 1502, 1544, 2473; title 49 App. section 1653. ------DocID 44189 Document 435 of 816------ -CITE- 40 USC Sec. 303c -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 303c. Maintenance and repair of Government improvements under concession contracts -STATUTE- Privileges, leases, and permits granted by the Secretary of the Interior for the use of land for the accommodation of park visitors, pursuant to section 3 of title 16, may provide for the maintenance and repair of Government improvements by the grantee notwithstanding the provisions of section 303b of this title, or any other provision of law. -SOURCE- (Pub. L. 87-608, Aug. 24, 1962, 76 Stat. 405.) ------DocID 44190 Document 436 of 816------ -CITE- 40 USC Sec. 304 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304. Disposal of lands acquired by devise -STATUTE- The General Services Administration is authorized to take custody, for disposal as excess property under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), of such lands as have been or may hereafter be acquired by the United States by devise. -SOURCE- (Mar. 3, 1903, ch. 1007, 32 Stat. 1112; Oct. 31, 1951, ch. 654, Sec. 4(8), 65 Stat. 709.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of excess government property are classified to chapter 10 (Sec. 471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section is based on act Mar. 3, 1903, popularly known as the 'Sundry Civil Appropriation Act, fiscal year 1904'. It superseded a provision of act Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat. 319, which authorized the Secretary of the Treasury to 'sell such lands as have been acquired by devise,' etc. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, amended section generally. Prior to amendment, section authorized Secretary of Treasury to sell the type of lands described upon such terms and after public notice by advertisement as he might deem best for the public interest. -CROSS- CROSS REFERENCES Disposition of real property located outside of the District of Columbia, see section 304a of this title. ------DocID 44191 Document 437 of 816------ -CITE- 40 USC Sec. 304a -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304a. Disposition of surplus real property; assignment to governmental agency; lease; sale -STATUTE- Notwithstanding any other provisions of law, whenever any real property located outside of the District of Columbia, exclusive of military or naval reservations, heretofore or hereafter acquired by any Federal agency, by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner, is, in whole or in part, declared to be in excess of its needs by the Federal agency having control thereof, or by the President on recommendation of the Administrator of General Services, the Administrator of General Services is authorized (a) to assign or reassign to any Federal agency or agencies space therein: Provided, That if the Federal agency to which space is assigned does not desire to occupy the space so assigned to it, the decision of the Administrator of General Services shall be subject to review by the President; or (b) pending a sale, to lease such real property on such terms and for such period not in excess of five years as he may deem in the public interest; or (c) to sell the same at public sale to the highest responsible bidder upon such terms and after such public advertisement as he may deem in the public interest: Provided, further, That if no bids which are satisfactory as to price and responsibility of bidder are received as a result of such public advertisement, the Administrator of General Services is authorized to sell such property by negotiation, upon such terms as may be deemed to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 1, 49 Stat. 885: July 18, 1940, ch. 635, Sec. 1, 3, 54 Stat. 764, 765; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -MISC1- AMENDMENTS 1940 - Act July 18, 1940, inserted last proviso and substituted 'Federal Works Administrator' for 'Secretary of the Treasury' and 'Commissioner of Public Buildings' for 'Director of Procurement'. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949 set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Lands of certain recreational demonstration projects as subject to sections 304a, 304b to 304e of this title, see sections 459r to 459t of Title 16, Conservation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304a-2, 304b, 304d, 304e of this title; title 16 section 459t. ------DocID 44192 Document 438 of 816------ -CITE- 40 USC Sec. 304a-1 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304a-1. Expenses of sale; maintenance -STATUTE- There are authorized to be appropriated such amounts as may be necessary to cover the costs incident to the sale or lease of real property, or demolition of buildings thereon as hereinafter authorized, which have been or may hereafter be declared surplus to the needs of any Federal agency in accordance with the provisions of sections 304a to 304e of this title, and the care, maintenance, and protection thereof, including, but not limited to pay of employees, travel of Government employees, brokers' fees not in excess of rates paid for similar services in the community where the property is situated, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges: Provided, however, That a Federal agency shall remain responsible for the proper care, maintenance, and protection of the aforesaid property, notwithstanding any declaration that the same is in excess of its needs until such time as custody is assumed by the Administrator of General Services or other disposition is made thereof. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 6, as added July 18, 1940, ch. 635, Sec. 2, 54 Stat. 764, and amended June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-2, 304d, 304e of this title. ------DocID 44193 Document 439 of 816------ -CITE- 40 USC Sec. 304a-2 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304a-2. Demolition; historic buildings -STATUTE- The Administrator of General Services is authorized, upon his determination that such action will be to the best interest of the Government, to demolish any building declared surplus to the needs of the Government in accordance with the provisions of sections 304a to 304e of this title: Provided, That before proceeding with the demolition of any building, the Administrator of General Services shall inform the Secretary of the Interior in writing of his intention to demolish it, and shall not proceed with the demolition until he shall have received written notice from the Secretary of the Interior that said building is not an historic building of national significance within the meaning of sections 461 to 467 of title 16: Provided, however, That if the Secretary of the Interior shall fail to notify the Administrator of General Services of his determination as to whether such building is an historic building of national significance within ninety days of the receipt of the notice of intention to demolish the Administrator of General Services may proceed to demolish said building. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 7, as added July 18, 1940, ch. 635, Sec. 2, 54 Stat. 764, and amended June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -REFTEXT- REFERENCES IN TEXT Section 461 to 467 of title 16, referred to in text, was in the original a reference to the Act of Aug. 21, 1935, ch. 593, 49 Stat. 666, which is popularly known as the Historic Sites, Buildings, and Antiquities Act. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304d, 304e of this title. ------DocID 44194 Document 440 of 816------ -CITE- 40 USC Sec. 304b -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304b. Alterations and repairs to real property assigned; payment by agency -STATUTE- Whenever after investigation it is determined by the Administrator of General Services that any such real property should be used for the accommodation of any Federal agency or agencies, the Administrator of General Services is authorized to make any repairs thereto or alterations thereof which he deems necessary or advisable and to maintain and operate the same. To the extent that the appropriations of the General Services Administration not otherwise allocated are inadequate for such repairs, alterations, maintenance, or operation, the Administrator of General Services may require each Federal agency to which space has been assigned therein pursuant to the provisions of section 304a of this title to pay promptly by check to the Administrator of General Services out of its appropriation for rent, either in advance of or upon or during occupancy of such space, all or part of the estimated or actual cost of such repairs, alterations, maintenance, and operation: Provided, That the total amount so to be paid shall be determined and equitably apportioned by the Administrator of General Services among the Federal agencies to whom space has been so assigned. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 2, 49 Stat. 886; July 18, 1940, ch. 635, Sec. 3, 54 Stat. 765; June 14, 1946, ch. 404, Sec. 4, 60 Stat. 257; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -MISC1- AMENDMENTS 1946 - Act June 14, 1946, repealed last two provisos relating to computation of rates of assigned space. 1940 - Act July 18, 1940, substituted 'Federal Works Administrator', 'Commissioner of Public Buildings', and 'Public Buildings Administration' for 'Secretary of the Treasury', 'Director of Procurement', and 'Procurement Division', respectively, throughout section. -TRANS- TRANSFER OF FUNCTIONS Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304a-2, 304d, 304e of this title; title 16 section 459t. ------DocID 44195 Document 441 of 816------ -CITE- 40 USC Sec. 304c -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304c. Payment by agencies of rent, repairs, alterations, maintenance, operation, and moving costs -STATUTE- To the extent that the appropriations of the General Services Administration not otherwise required are inadequate therefor, the Administrator of General Services may require each Federal agency to which leased space has been assigned to pay promptly by check to the Administrator of General Services out of its available appropriations, either in advance or during occupancy of such space, all or part of the estimated cost of rent, repairs, alterations, maintenance, operation, and moving: Provided, That when space in a building is occupied by two or more agencies, the Administrator of General Services shall determine and equitably apportion rental, operation, and other charges on the basis of the total amount of space so leased. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 3, 49 Stat. 886; July 18, 1940, ch. 635, Sec. 3, 54 Stat. 765; June 14, 1946, ch. 404, Sec. 4, 60 Stat. 257; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; July 2, 1958, Pub. L. 85-493, Sec. 2, 72 Stat. 294.) -MISC1- AMENDMENTS 1958 - Pub. L. 85-493 struck out provisions which authorized leasing of space outside of District of Columbia for periods not in excess of five years, which provisions are now covered by section 490 of this title. 1946 - Act June 14, 1946, substituted provision which authorized Commissioner of Public Buildings to require each Federal agency to pay the estimated cost of rental, repair, etc. of leased space assigned to that agency and to equitably apportion the charges when two or more agencies occupy the same space for provision which authorized the Director of Procurement to procure space for agencies in the same manner authorized by section 304a of this title and to require these agencies to pay the total expense required in the manner specified by section 304b of this title. 1940 - Act July 18, 1940, substituted 'Commissioner of Public Buildings' and 'Federal Works Administrator' for 'Director of Procurement' and 'Secretary of the Treasury', respectively. -TRANS- TRANSFER OF FUNCTIONS; EXCEPTIONS Functions with respect to acquiring space in buildings by lease, 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), with certain exceptions, transferred from respective agencies in which theretofore vested to Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note under section 490 of this title. For delegation of those transferred functions to other personnel of General Services Administration, or to heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. Functions of office of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Office of Commissioner of Public Buildings and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -CROSS- CROSS REFERENCES Section inapplicable to lease-purchase contracts, see section 356 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304a-2, 304d, 304e, 356 of this title; title 16 section 459t. ------DocID 44196 Document 442 of 816------ -CITE- 40 USC Sec. 304d -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304d. Regulations under sections 304a to 304e -STATUTE- The Administrator of General Services is authorized to make such regulations as may be necessary to carry out the provisions of sections 304a to 304e of this title. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 4, 49 Stat. 886; July 18, 1940, ch. 635, Sec. 3, 54 Stat. 765; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -MISC1- AMENDMENTS 1940 - Act July 18, 1940, substituted 'Commissioner of Public Buildings' and 'Federal Works Administrator' for 'Director of Procurement' and 'Secretary of the Treasury', respectively. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator, and functions of Commissioner of Public Buildings and Public Buildings Administration transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency, office of Federal Works Administrator, office of Commissioner of Public Buildings, and Public Buildings Administration abolished by section 103(b) of act June 30, 1949. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304a-2, 304e of this title; title 16 section 459t. ------DocID 44197 Document 443 of 816------ -CITE- 40 USC Sec. 304e -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304e. 'Federal agency', as used in sections 304a to 304e, defined -STATUTE- The term 'Federal agency', as used in sections 304a to 304e of this title, means any executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the United States, including corporations wholly owned by the United States. -SOURCE- (Aug. 27, 1935, ch. 744, Sec. 5, 49 Stat. 886.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304a-1, 304a-2, 304d of this title; title 16 section 459t. ------DocID 44198 Document 444 of 816------ -CITE- 40 USC Sec. 304f -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304f. Disposition of property abandoned or forfeited to United States; definitions of words used in sections 304f to 304m -STATUTE- As used in sections 304f to 304m of this title - (1) 'Property' means all personal property, including but not limited to vessels, vehicles, and aircraft; (2) 'Agency' includes any executive department, independent establishment, board, commission, bureau, service, or division of the United States, and any corporation in which the United States owns all or a majority of the stock. (3) 'Administrator' means the Administrator of General Services. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 301, 49 Stat. 879; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Director of Bureau of Federal Supply transferred to Administrator of General Services and office of Director abolished by section 102(a) of act June 30, 1949, which is classified to section 752 of this title. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304j, 304k, 304l, 304m of this title; title 18 section 3668. ------DocID 44199 Document 445 of 816------ -CITE- 40 USC Sec. 304g -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304g. Disposition of property voluntarily abandoned to United States -STATUTE- In the event that any property is or has been voluntarily abandoned to any agency in such manner as to vest title thereto in the United States, it may be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Administrator to that effect, and the Administrator shall, within a reasonable time - (a) order such agency to deliver the property to any other agency which requests and in his judgment should be given the property, or (b) order disposal of the property as otherwise provided by law. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 302, 49 Stat. 879; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Director of Bureau of Federal Supply transferred to Administrator of General Services and office of Director abolished by section 102(a) of act June 30, 1949, which is classified to section 752 of this title. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304j, 304k, 304l, 304m of this title; title 18 section 3668. ------DocID 44200 Document 446 of 816------ -CITE- 40 USC Sec. 304h -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304h. Disposition of property forfeited to United States -STATUTE- In the event that any property seized by any agency is or has been forfeited to the United States otherwise than by court decree, it may, in the event that the property is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be retained by such agency and devoted to official use only. If such agency shall not desire so to retain such property, the head thereof shall forthwith notify the Administrator to that effect, and such property shall - (a) in the event that it is not ordered by competent authority to be returned to any claimant, and in lieu of being disposed of as otherwise provided by law (including advertisement for sale, and sale), be delivered by such agency, upon order of the Administrator given within a reasonable time, to any other agency which requests and in the judgment of the Administrator should be given the property, or (b) upon order of the Administrator given within a reasonable time, be disposed of as otherwise provided by law. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 303, 49 Stat. 879; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Director of Bureau of Federal Supply transferred to Administrator of General Services and office of Director abolished by section 102(a) of act June 30, 1949, which is classified to section 752 of this title. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304j, 304k, 304l, 304m of this title; title 18 section 3668. ------DocID 44201 Document 447 of 816------ -CITE- 40 USC Sec. 304i -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304i. Disposition of property subject to pending court proceedings for forfeiture -STATUTE- In the event that proceedings are or have been commenced for the forfeiture of any property by court decree, the agency which seized such property shall forthwith notify the Administrator and may at the same time file with him a request for such property for its official use. The Administrator shall, before entry of a decree, apply to the court to order delivery of such property - (a) to the agency filing such request; or (b) if no such request has been filed, to any other agency which requests and in the judgment of the Administrator should be given such property; or (c) if the agency which seized such property has not requested it, and no other agency has requested and in the judgment of the Administrator should be given such property, and if in the judgment of the Administrator the property may later become necessary to any agency for official use, to the seizing agency to be retained in its custody. Thereafter, the Administrator shall, within a reasonable time, order such agency to deliver the property to any other agency which requests and in his judgment should be given such property, or to dispose of it as otherwise provided by law, and if forfeiture thereof is decreed, the court shall, in the event that the property is not ordered by competent authority to be returned to any claimant, order delivery accordingly. All the property for which no such application is made shall be disposed of by the court in accordance with law. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 304, 49 Stat. 880; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Director of Bureau of Federal Supply transferred to Administrator of General Services and office of Director abolished by section 102(a) of act June 30, 1949, which is classified to section 752 of this title. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304j, 304k, 304l, 304m of this title; title 18 section 3668. ------DocID 44202 Document 448 of 816------ -CITE- 40 USC Sec. 304j -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304j. Appropriation available for maintenance, etc., of abandoned and forfeited property, payment of liens and other charges -STATUTE- The appropriation available to any agency for the purchase, hire, operation, maintenance, and repair of property of any kind shall be available for the payment of expenses of operation maintenance, and repair of property of the same kind received by it under any provision of sections 304f to 304m of this title for official use; for the payment of any lien recognized and allowed pursuant to law, and for the payment of all moneys found to be due any person upon the duly authorized remission or mitigation of any forfeiture; and for reimbursement of other agencies as hereafter provided. The costs of hauling, transporting, towing, and storage of such property shall be paid by the agency which has seized such property or to which it has been abandoned; and, if such property is later delivered to another agency for official use under sections 304g to 304i of this title, the latter shall make reimbursement for all such costs incurred prior to the date of delivery to it of such property. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 305, 49 Stat. 880.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304l, 304m of this title; title 18 section 3668. ------DocID 44203 Document 449 of 816------ -CITE- 40 USC Sec. 304k -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304k. Retention or delivery of abandoned or forfeited property deemed sale with respect to informer's fees and mitigation of forfeiture -STATUTE- Retention or delivery of forfeited or abandoned property under sections 304f to 304m of this title shall be regarded as the sale thereof for the purpose of laws providing for informer's fees or remission or mitigation of any forfeiture. Any property so acquired when no longer needed for official use shall be disposed of in the same manner as other surplus property. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 306, 49 Stat. 880.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304j, 304l, 304m of this title; title 18 section 3668. ------DocID 44204 Document 450 of 816------ -CITE- 40 USC Sec. 304l -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304l. Reports by agencies concerning abandoned or forfeited property; rules and regulations -STATUTE- The Administrator is authorized, with the approval of the Secretary of the Treasury, (1) to require any agency, from time to time, to make a report of all property abandoned to it or seized and the disposal thereof, and (2) to make such rules and regulations as may be necessary to carry out the provisions of sections 304f to 304m of this title. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 307, 49 Stat. 880; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Director of Bureau of Federal Supply transferred to Administrator of General Services and office of Director abolished by section 102(a) of act June 30, 1949, which is classified to section 752 of this title. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304j, 304k, 304m of this title; title 18 section 3668. ------DocID 44205 Document 451 of 816------ -CITE- 40 USC Sec. 304m -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 304m. Effect on other laws; abandoned or forfeited property excluded from allocation -STATUTE- Nothing contained in sections 304f to 304m of this title shall be construed as repealing any other laws relating to the disposition of forfeited or abandoned property, except such provisions of such laws as are directly in conflict with any provisions of said sections. The following classes of property shall not be subject to allocation under sections 304g to 304i of this title, but shall be disposed of in the manner otherwise provided by law: (1) arms or munitions of war included in section 404 of title 22; (2) narcotic drugs, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.); (3) firearms, as defined in section 5845 of title 26; and (4) such other classes or kinds of property as the Administrator, with the approval of the Secretary of the Treasury, may deem in the public interest, and may by rules and regulations provide. -SOURCE- (Aug. 27, 1935, ch. 740, title III, Sec. 308, 49 Stat. 880; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380; Oct. 27, 1970, Pub. L. 91-513, title III, Sec. 1102(o), 84 Stat. 1293.) -REFTEXT- REFERENCES IN TEXT Section 404 of title 22, referred to in par. (1), was repealed by act Aug. 13, 1953, ch. 434, Sec. 2, 67 Stat. 577. The Controlled Substances Act, referred to in par. (2), is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, which is classified principally to subchapter I (Sec. 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 21 and Tables. -COD- CODIFICATION In par. (3), 'section 5845 of title 26' substituted for 'section 2733 of title 26' on authority of section 7852(b) of Title 26, Internal Revenue Code, which provides that a reference in other laws to the Internal Revenue Code of 1939 is deemed a reference to corresponding provision of the Internal Revenue Code of 1986. -MISC3- AMENDMENTS 1970 - Pub. L. 91-513 substituted 'the Controlled Substances Act' for 'section 171 of title 21' in definition of narcotic drugs. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-513 effective on first day of seventh calendar month that begins after the day immediately preceding the date of enactment of Pub. L. 91-513, which was approved on Oct. 27, 1970, see section 1105(a) of Pub. L. 91-513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs. -TRANS- TRANSFER OF FUNCTIONS Functions of Director of Bureau of Federal Supply transferred to Administrator of General Services and office of Director abolished by section 102(a) of act June 30, 1949, which is classified to section 752 of this title. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -MISC5- SAVINGS PROVISION Prosecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91-513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91-513, set out as a note under section 171 of Title 21, Food and Drugs. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 304f, 304j, 304k, 304l of this title; title 18 section 3668. ------DocID 44206 Document 452 of 816------ -CITE- 40 USC Sec. 305 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 305. Power to obtain releases -STATUTE- Whenever any lands have been or shall be conveyed to individuals or officers, for the use or benefit of the United States, the President is authorized to obtain from such person a release of his interest to the United States. -SOURCE- (R.S. Sec. 3752.) -COD- CODIFICATION R.S. Sec. 3752 derived from act Apr. 28, 1828, ch. 41, Sec. 3, 4 Stat. 264. ------DocID 44207 Document 453 of 816------ -CITE- 40 USC Sec. 306 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 306. Release of lands in certain cases -STATUTE- In cases where real estate has become the property of the United States, by conveyance, extent, or otherwise, in payment of a debt, and such debt is afterward fully paid in money, and the same has been received by the United States, the Administrator of General Services may release by deed or otherwise convey the same real estate to the debtor from whom it was taken, if he is living, or, if such debtor is dead, to his heirs or devisees, or such person as they may appoint: Provided, That this section shall not apply to real estate so acquired by the United States in payment of any debt arising under the internal-revenue laws. -SOURCE- (R.S. Sec. 3751; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759; June 2, 1965, Pub. L. 89-30, Sec. 3, 79 Stat. 119.) -REFTEXT- REFERENCES IN TEXT The internal revenue laws, referred to in text, are classified generally to Title 26, Internal Revenue Code. -COD- CODIFICATION R.S. Sec. 3751 derived from acts May 29, 1830, ch. 153, Sec. 1, 4 Stat. 414; Mar. 2, 1867, ch. 169, Sec. 4, 14 Stat. 472. -MISC3- AMENDMENTS 1965 - Pub. L. 89-30 substituted 'Administrator of General Services' for 'General Counsel for the Department of the Treasury'. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard and Commandant of Coast Guard excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. Act May 10, 1934, abolished offices of General Counsel and Assistant General Counsel for Bureau of Internal Revenue and offices of Solicitor and Assistant Solicitor of Treasury, and transferred powers, duties, and functions thereof to General Counsel for Department of the Treasury. ------DocID 44208 Document 454 of 816------ -CITE- 40 USC Sec. 307 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 307. Omitted -COD- CODIFICATION Section, acts May 7, 1822, ch. 96, Sec. 3, 3 Stat. 692; July 1, 1879, ch. 62, 21 Stat. 47; Mar. 3, 1921, ch. 123, 41 Stat. 1251, provided for issuance of deeds for land in city of Washington, D.C., sold under section 2 of act May 7, 1822. ------DocID 44209 Document 455 of 816------ -CITE- 40 USC Sec. 308 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 308. Releasing property from attachment -STATUTE- Whenever any property owned or held by the United States, or in which the United States has or claims an interest, shall, in any judicial proceeding under the laws of any State, district, or territory, be seized, arrested, attached, or held for the security or satisfaction of any claim made against such property, the Attorney General, in his discretion, may direct the United States Attorney for the district in which the property is located, to cause a stipulation to be entered into for the discharge of such property from such seizure, arrest, attachment, or proceeding, to the effect that upon such discharge, the person asserting the claim against such property shall become entitled to all the benefits of this section and section 309 of this title. Nothing herein contained shall, however, be considered as recognizing or conceding any right to enforce by seizure, arrest, attachment, or any judicial process, any claim against any property of the United States, or against any property held, owned, or employed by the United States, or by any department thereof, for any public use, or as waiving any objection to any proceeding instituted to enforce any such claim. -SOURCE- (R.S. Sec. 3753; May 10, 1934, ch. 277, Sec. 512(b), 48 Stat. 759; June 2, 1965, Pub. L. 89-30, Sec. 1(a), 79 Stat. 118.) -COD- CODIFICATION R.S. Sec. 3753 derived from act June 11, 1864, ch. 117, 13 Stat. 122. -MISC3- AMENDMENTS 1965 - Pub. L. 89-30 substituted the Attorney General acting through the United States Attorney for the district in which the property is located, for the Secretary of the Treasury, acting through the General Counsel for the Department of Treasury, as the proper official to cause a stipulation to be entered into for the discharge of attached property. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard and Commandant of Coast Guard excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard. Act May 10, 1934, abolished offices of General Counsel and Assistant General Counsel for Bureau of Internal Revenue and offices of Solicitor and Assistant Solicitor of the Treasury, and transferred powers, duties, and functions thereof to General Counsel for Department of the Treasury. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 309 of this title. ------DocID 44210 Document 456 of 816------ -CITE- 40 USC Sec. 309 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 309. Payment -STATUTE- In all cases where a stipulation is entered into under section 308 of this title, and, in consequence thereof, the property is discharged, and final judgment is afterward given in the court of last resort to which the Attorney General may deem proper to cause such proceedings to be carried, affirming the claim for the security or satisfaction of which such proceedings have been instituted, and the right of the person asserting the same to enforce it against such property by means of such proceedings, notwithstanding the claims of the United States thereto, such final judgment shall be deemed, to all intents and purposes, a full and final determination of the rights of such person, and shall entitle such person, as against the United States, to such rights as he would have had in case possession of such property had not been changed. Whenever such claim is for the payment of money, and the same is by such judgment found to be due, the presentation of a duly authenticated copy of the record of such judgment and proceedings shall be sufficient evidence to the proper accounting officers for the allowance thereof; and the same shall thereupon be allowed and paid out of any moneys in the Treasury not otherwise appropriated. The amount so to be allowed and paid shall not, however, exceed the value of the interest of the United States in the property in question. -SOURCE- (R.S. Sec. 3754; June 2, 1965, Pub. L. 89-30, Sec. 1(b), 79 Stat. 119.) -COD- CODIFICATION R.S. Sec. 3754 derived from act June 11, 1864, ch. 117, 13 Stat. 122. -MISC3- AMENDMENTS 1965 - Pub. L. 89-30 substituted 'Attorney General' for 'Secretary of the Treasury'. APPROPRIATIONS Section 3 of act June 26, 1934, ch. 756, 48 Stat. 1226, which was classified to section 725b of former Title 31, Money and Finance, provided in part that, effective July 1, 1935, the permanent or continuing appropriation account 'Judgments of courts (Revised Statutes, section 3754 (40 U.S.C. 309)) (7x965)' is abolished, and any unobligated balances in such account are covered into the Treasury; and that any claims accruing on and after July 1, 1935, which, but for this section would have been charged to this appropriation title, shall, upon proper audit, be certified to Congress for appropriation from the general fund of the Treasury, which is authorized. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 308 of this title. ------DocID 44211 Document 457 of 816------ -CITE- 40 USC Sec. 310 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 310. Abandoned property -STATUTE- The Administrator of General Services is authorized to make such contracts and provisions as he may deem for the interest of the Government, for the preservation, sale, or collection of any property, or the proceeds thereof, which may have been wrecked, abandoned, or become derelict, being within the jurisdiction of the United States, and which ought to come to the United States, and in such contracts to allow such compensation to any person giving information thereof, or who shall actually preserve, collect, surrender, or pay over the same, as the Administrator of General Services may deem just and reasonable. No costs or claim shall, however, become chargeable to the United States in so obtaining, preserving, collecting, receiving, or making available property, 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. -SOURCE- (R.S. Sec. 3755; June 2, 1965, Pub. L. 89-30, Sec. 4, 79 Stat. 119.) -COD- CODIFICATION The clause in this section, as originally enacted, making it applicable also to '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,' was omitted. R.S. Sec. 3755 derived from Res. June 21, 1870, No. 75, 16 Stat. 380. -MISC3- AMENDMENTS 1965 - Pub. L. 89-30 substituted 'Administrator of General Services' for 'Secretary of the Treasury'. ------DocID 44212 Document 458 of 816------ -CITE- 40 USC Sec. 311, 311a -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 311, 311a. Repealed. June 30, 1949, ch. 288, title VI, Sec. 602(a)(5), (6), 63 Stat. 400, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583 -MISC1- Section 311, act July 11, 1919, ch. 6, Sec. 5, 41 Stat. 67, related to purchase of material and supplies from government services following cessation of war activities. See section 471 et seq. of this title. Section 311a, act Dec. 20, 1928, ch. 39, title I, 45 Stat. 1030, related to surplus materials, supplies and equipment, and application of Executive Order of Dec. 3, 1918. See section 471 et seq. of this title. SIMILAR PROVISIONS Feb. 12, 1925, ch. 225, title I, 43 Stat. 894. June 30, 1922, ch. 253, title I, 42 Stat. 717. July 19, 1919, ch. 24, Sec. 3, 41 Stat. 232. July 11, 1919, ch. 7, Sec. 7, 41 Stat. 103. EFFECTIVE DATE OF REPEAL Repeal of sections effective July 1, 1949, pursuant to section 505 of act June 30, 1949. ------DocID 44213 Document 459 of 816------ -CITE- 40 USC Sec. 311b -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 311b. Disposition of unfit horses and mules -STATUTE- Subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), horses and mules belonging to the United States which have become unfit for service may be destroyed or put out to pasture, either on the pastures belonging to the United States Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for them during the remainder of their natural life, at no cost to the Government. -SOURCE- (June 15, 1938, ch. 400, 52 Stat. 693; June 3, 1939, ch. 176, 53 Stat. 808; Oct. 31, 1951, ch. 654, Sec. 2(24), 65 Stat. 707.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of this title. Provisions of that act relating to regulations are classified to section 486 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -MISC2- AMENDMENTS 1951 - Act Oct. 31, 1951, inserted reference to applicable regulations of the Federal Property and Administrative Services Act of 1949, as amended. 1939 - Act June 3, 1939, amended section generally, inserting ', either on the pastures belonging to the United States Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for them during the remainder of their natural life, at no cost to the Government'. ------DocID 44214 Document 460 of 816------ -CITE- 40 USC Sec. 312 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 312. Repealed. Oct. 31, 1951, ch. 654, Sec. 1(97), 65 Stat. 705 -MISC1- Section, act Dec. 20, 1928, ch. 39, title I, 45 Stat. 1030, related to issuance of surplus typewriters and computing machines to Government departments and establishments. See sections 483 and 484 of this title. SIMILAR PROVISIONS Provisions similar to former section 312, but of a temporary nature, were contained in the following acts: Mar. 5, 1928, ch. 126, 45 Stat. 165. Jan. 26, 1927, ch. 58, 44 Stat. 1030. Mar. 2, 1926, ch. 43, 44 Stat. 139. Jan. 22, 1925, ch. 87, 43 Stat. 766. Apr. 4, 1924, ch. 84, 43 Stat. 67. Jan. 3, 1923, ch. 22, 42 Stat. 1090. Feb. 17, 1922, ch. 55, 42 Stat. 369. ------DocID 44215 Document 461 of 816------ -CITE- 40 USC Sec. 313, 313-1 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 313, 313-1. Omitted -COD- CODIFICATION Section 313, which was from the Treasury and Post Office Departments Appropriation Act, 1949, act June 14, 1948, ch. 466, title I, 62 Stat. 415, related to repairs to typewriting machines in Government service in District of Columbia, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: July 1, 1947, ch. 186, title I, 61 Stat. 224. July 20, 1946, ch. 588, title I, 60 Stat. 579. Apr. 24, 1945, ch. 92, title I, 59 Stat. 67. Apr. 22, 1944, ch. 175, title I, 58 Stat. 206. June 30, 1943, ch. 179, title I, 57 Stat. 262. Mar. 10, 1942, ch. 178, title I, 56 Stat. 161. Feb. 21, 1942, ch. 108, title I, 56 Stat. 109. May 31, 1941, ch. 156, title I, 55 Stat. 226. Mar. 25, 1940, ch. 71, title I, 54 Stat. 70. May 6, 1939, ch. 115, title I, 53 Stat. 674. Mar. 28, 1938, ch. 55, title I, 52 Stat. 139. May 14, 1937, ch. 180, title I, 50 Stat. 154. June 23, 1936, ch. 725, title I, 49 Stat. 1844. May 14, 1935, ch. 110, title I, 49 Stat. 234. Mar. 15, 1934, ch. 70, 48 Stat. 438. Mar. 3, 1933, ch. 212, 47 Stat. 1491. July 5, 1932, ch. 430, 47 Stat. 582. Feb. 23, 1931, ch. 277, 46 Stat. 1219. May 15, 1930, ch. 289, 46 Stat. 337. Dec. 20, 1928, ch. 39, 45 Stat. 1031. Mar. 5, 1928, ch. 126, 45 Stat. 165. Jan. 26, 1927, ch. 58, 44 Stat. 1030. Mar. 2, 1926, ch. 43, 44 Stat. 139. Jan. 22, 1925, ch. 87, 43 Stat. 766. Apr. 4, 1924, ch. 84, 43 Stat. 67. Jan. 3, 1923, ch. 22, 42 Stat. 1090. Feb. 17, 1922, ch. 55, 42 Stat. 369. Section 313-1, which was from the Independent Offices Appropriation Act, 1951, act Sept. 6, 1950, ch. 896, ch. VIII, title I, 64 Stat. 708, related to the control, survey, and disposition of typewriting machines by Administrator of General Services, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation act: June 30, 1949, ch. 286, title I, 63 Stat. 364. ------DocID 44216 Document 462 of 816------ -CITE- 40 USC Sec. 313-2 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 313-2. Omitted -COD- CODIFICATION Section, which was from the Treasury, Postal Service, and General Government Appropriation Act, 1972, Pub. L. 92-49, title VI, Sec. 611, July 9, 1971, 85 Stat. 124, provided that no money appropriated by this or any other Act or any agency of executive branch of Government was to be used during current fiscal year for purchase within continental limits of United States of any typewriting machines, except in accordance with regulations issued pursuant to provisions of Federal Property and Administrative Services Act of 1949, as amended, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: Dec. 17, 1970, Pub. L. 91-556, title I, 84 Stat. 1448. Nov. 26, 1969, Pub. L. 91-126, title I, 83 Stat. 228. Oct. 4, 1968, Pub. L. 90-550, title I, 82 Stat. 944. Nov. 3, 1967, Pub. L. 90-121, title I, 81 Stat. 349. Sept. 6, 1966, Pub. L. 89-555, title I, 80 Stat. 674. Aug. 16, 1965, Pub. L. 89-128, title I, 79 Stat. 531. Aug. 30, 1964, Pub. L. 88-507, title I, 78 Stat. 655. Dec. 19, 1963, Pub. L. 88-215, title I, 77 Stat. 436. Oct. 3, 1962, Pub. L. 87-741, title I, 76 Stat. 727. Aug. 17, 1961, Pub. L. 87-141, title I, 75 Stat. 353. July 12, 1960, Pub. L. 86-626, title I, 74 Stat. 434. Sept. 14, 1959, Pub. L. 86-255, title I, 73 Stat. 507. Aug. 28, 1958, Pub. L. 85-844, title I, 72 Stat. 1069. June 29, 1957, Pub. L. 85-69, title I, 71 Stat. 232. June 27, 1956, ch. 452, title I, 70 Stat. 345. June 30, 1955, ch. 244, title I, 69 Stat. 205. June 24, 1954, ch. 359, title I, 68 Stat. 282. July 31, 1953, ch. 302, title I, 67 Stat. 304. July 5, 1952, ch. 578, title I, 66 Stat. 400. Aug. 31, 1951, ch. 376, title I, 65 Stat. 275. ------DocID 44217 Document 463 of 816------ -CITE- 40 USC Sec. 313a -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 313a. Omitted -COD- CODIFICATION Section, which was from the Treasury and Post Office Departments Appropriation Act, 1949, act June 14, 1948, ch. 466, title I, 62 Stat. 415, related to repair and reissue of surplus property, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: July 1, 1947, ch. 186, title I, 61 Stat. 224. July 20, 1946, ch. 588, title I, 60 Stat. 579. Apr. 24, 1945, ch. 92, title I, 59 Stat. 67. Apr. 22, 1944, ch. 175, title I, 58 Stat. 206. June 30, 1943, ch. 179, title I, 57 Stat. 262. Mar. 10, 1942, ch. 178, title I, 56 Stat. 161. Feb. 21, 1942, ch. 108, title I, 56 Stat. 109. May 31, 1941, ch. 156, title I, 55 Stat. 226. Mar. 25, 1940, ch. 71, title I, 54 Stat. 69. May 6, 1939, ch. 115, title I, 53 Stat. 674. Mar. 28, 1938, ch. 55, title I, 52 Stat. 139. May 14, 1937, ch. 180, title I, 50 Stat. 154. June 23, 1936, ch. 725, title I, 49 Stat. 1844. May 14, 1935, ch. 110, 49 Stat. 218. ------DocID 44218 Document 464 of 816------ -CITE- 40 USC Sec. 314 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 314. Sale of war supplies, lands, and buildings -STATUTE- The President is authorized, through the head of any executive department, to sell, upon such terms as the head of such department shall deem expedient, to any person, partnership, association, corporation, or any other department of the Government, or to any foreign State or Government, engaged in war against any Government with which the United States is at war, any war supplies, material and equipment, and any by-products thereof, and any building, plant or factory, acquired since April sixth, nineteen hundred and seventeen, including the lands upon which the plant or factory may be situated, for the production of such war supplies, materials, and equipment which, during the emergency existing July 9, 1918, may have been purchased, acquired, or manufactured by the United States: Provided further, That sales of guns and ammunition made under the authority contained in this section or any other Act shall be limited to sales to other departments of the Government and to foreign States or Governments engaged in war against any Government with which the United States is at war, and to members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice. -SOURCE- (July 9, 1918, ch. 143, 40 Stat. 850; Feb. 25, 1919, ch. 39, Sec. 3, 40 Stat. 1173; May 29, 1928, ch. 901, Sec. 1(8), 45 Stat. 986; Aug. 7, 1946, ch. 770, Sec. 1(55), 60 Stat. 870.) -MISC1- AMENDMENTS 1946 - Act Aug. 7, 1946, repealed same provisions, relating to reports to Congress, which were repealed by act May 29, 1928. 1928 - Act May 29, 1928, discontinued report required by act July 9, 1918, to be made to Congress of money received by sales of supplies, materials, equipment, or other property purchased, acquired, or manufactured, in the United States in connection with the prosecution of the war. 1919 - Act Feb. 25, 1919, repealed following proviso: 'Any moneys received by the United States as the proceeds of any such sale shall be deposited to the credit of that appropriation out of which was paid the cost to the Government of the property thus sold, and the same shall immediately become available for the purposes named in the original appropriation.' -CROSS- CROSS REFERENCES Disposal of surplus property, see section 484 of this title. ------DocID 44219 Document 465 of 816------ -CITE- 40 USC Sec. 314a, 315 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 314a, 315. Omitted -COD- CODIFICATION Section 314a, act June 30, 1949, ch. 286, title I, 63 Stat. 363, provided for proceeds of sale of surplus property by Bureau of Federal Supply to be covered into Treasury as miscellaneous receipts. See section 485 of this title. Section 315, act June 16, 1933, ch. 101, Sec. 7, 48 Stat. 305, which authorized President to increase price of services rendered or articles sold by Government upon a finding that charge was less than cost, expired two years after June 16, 1933. ------DocID 44220 Document 466 of 816------ -CITE- 40 USC Sec. 316 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 316. Disposition of securities -STATUTE- With respect to any bonds, notes, or other securities acquired on behalf of the United States under the provisions of the Transportation Act of 1920, including, without limitation of the foregoing, any securities acquired as an incident to a case under title 11, receivership, or reorganization proceeding, or by assignment, transfer, substitution, or issuance, or by purchase, default, or other acquisition (whether at a foreclosure sale or otherwise) of collateral given for the payment of obligations to the United States, the President, or any officer, agent, or agency he may designate, is authorized to sell, exchange or otherwise dispose of, any such bonds, notes, or other securities, or to enter into arrangements for the extension of the maturity thereof, in such manner, in such amounts, at such prices, for cash, securities or other property, or any combination thereof, and upon such terms and conditions as the President or any officer, agent, or agency so designated may deem advisable and in the public interest. -SOURCE- (Feb. 28, 1920, ch. 91, Sec. 213, as added Aug. 13, 1940, ch. 666, 54 Stat. 788, and amended Nov. 6, 1978, Pub. L. 95-598, title III, Sec. 325, 92 Stat. 2679.) -REFTEXT- REFERENCES IN TEXT The Transportation Act of 1920, referred to in text, is act Feb. 28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to this section, section 1375a of former Title 10, Army and Air Force, sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6, 10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79, 141, and 142 of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. Numerous sections of the Act that were classified to Title 49 were repealed by Pub. L. 95-473, Sec. 4(b), Oct. 13, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see table at the beginning of Title 49. -COD- CODIFICATION Section was formerly classified to section 80 of Title 49, Transportation. -MISC3- AMENDMENTS 1978 - Pub. L. 95-598 substituted 'case under title 11' for 'bankruptcy'. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95-598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95-598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. ------DocID 44221 Document 467 of 816------ -CITE- 40 USC Sec. 317 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 317. Repealed. Pub. L. 88-118, Sept. 6, 1963, 77 Stat. 152 -MISC1- Section, acts Oct. 26, 1942, ch. 629, title II, 56 Stat. 999; Oct. 26, 1949, ch. 757, 63 Stat. 930, related to control of electric fans, water-cooling units and air-conditioning equipment in certain buildings operated by Administrator of General Services. ------DocID 44222 Document 468 of 816------ -CITE- 40 USC Sec. 318 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 318. Special police -STATUTE- (a) Appointment The Administrator of General Services, or officials of the General Services Administration duly authorized by the Administrator, may appoint uniformed guards of such Administration as special policemen without additional compensation for duty in connection with the policing of all buildings and areas owned or occupied by the United States and under the charge and control of the Administrator. (b) Powers Special policemen appointed under this section shall have the same powers as sheriffs and constables upon property referred to in subsection (a) of this section to enforce the laws enacted for the protection of persons and property, and to prevent breaches of the peace, to suppress affrays or unlawful assemblies, and to enforce any rules and regulations promulgated by the Administrator of General Services or such duly authorized officials of the General Services Administration for the property under their jurisdiction; except that the jurisdiction and policing powers of such special policemen shall not extend to the service of civil process. -SOURCE- (June 1, 1948, ch. 359, Sec. 1, 62 Stat. 281; Nov. 17, 1988, Pub. L. 100-678, Sec. 8(a), (b), 102 Stat. 4052, 4053.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-678, Sec. 8(b), in amending section generally, inserted section catchline 'Special police', designated provision relating to appointment of special police as subsec. (a), designated provision relating to powers of special police as subsec. (b), and struck out provision in subsec. (b) which restricted the jurisdiction and policing powers to Federal property over which the United States has acquired exclusive or concurrent criminal jurisdiction. Pub. L. 100-678, Sec. 8(a), substituted 'Administrator of General Services' for 'Federal Works Administrator' and 'General Services Administration' for 'Federal Works Agency' in three places. SHORT TITLE Act June 1, 1948, which enacted this section and sections 318a to 318d of this title, is popularly known as the 'Protection of Public Property Act'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 50 section 403o. ------DocID 44223 Document 469 of 816------ -CITE- 40 USC Sec. 318a -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 318a. Rules and regulations; posting -STATUTE- The Administrator of General Services or officials of the General Services Administration duly authorized by him are authorized to make all needful rules and regulations for the government of the property under their charge and control, and to annex to such rules and regulations such reasonable penalties, within the limits prescribed in section 318c of this title, as will insure their enforcement: Provided, That such rules and regulations shall be posted and kept posted in a conspicuous place on such property. -SOURCE- (June 1, 1948, ch. 359, Sec. 2, 62 Stat. 281; Nov. 17, 1988, Pub. L. 100-678, Sec. 8(a), (c)(1), 102 Stat. 4052, 4053.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-678 substituted 'Administrator of General Services' for 'Federal Works Administrator', 'General Services Administration' for 'Federal Works Agency', and 'property' for 'Federal property' in two places. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 318c of this title. ------DocID 44224 Document 470 of 816------ -CITE- 40 USC Sec. 318b -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 318b. Application for protection; detail of special police; utilization of Federal law-enforcement agencies -STATUTE- Upon the application of the head of any department or agency of the United States having property of the United States under its administration and control, the Administrator of General Services or officials of the General Services Administration duly authorized by him are authorized to detail any such special policemen for the protection of such property and if he deems it desirable, to extend to such property the applicability of any such regulations and to enforce the same as set forth herein; and the Administrator of General Services or official of the General Services Administration duly authorized by him, whenever it is deemed economical and in the public interest, may utilize the facilities and services of existing Federal law-enforcement agencies, and, with the consent of any State or local agency, the facilities and services of such State or local law-enforcement agencies. -SOURCE- (June 1, 1948, ch. 359, Sec. 3, 62 Stat. 281; Nov. 17, 1988, Pub. L. 100-678, Sec. 8(a), (c)(2), 102 Stat. 4052, 4053.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means act June 1, 1948, ch. 359, 62 Stat. 281, as amended, which enacted sections 318 to 318d of this title. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1988 - Pub. L. 100-678, Sec. 8(c)(2), struck out 'and over which the United States has acquired exclusive or concurrent criminal jurisdiction' after 'administration and control'. Pub. L. 100-678, Sec. 8(a), substituted 'Administrator of General Services' for 'Federal Works Administrator' in two places and 'General Services Administration' for 'Federal Works Agency' in two places. ------DocID 44225 Document 471 of 816------ -CITE- 40 USC Sec. 318c -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 318c. Penalties -STATUTE- Whoever shall violate any rule or regulation promulgated pursuant to section 318a of this title shall be fined not more (FOOTNOTE 1) $50 or imprisoned not more than thirty days, or both. (FOOTNOTE 1) So in original. Probably should be 'not more than'. -SOURCE- (June 1, 1948, ch. 359, Sec. 4, 62 Stat. 281.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 318a of this title; title 50 section 403o. ------DocID 44226 Document 472 of 816------ -CITE- 40 USC Sec. 318d -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 318d. Nonuniformed special policemen; powers; arrests without warrant -STATUTE- Officials or employees of the General Services Administration who have been duly authorized to perform investigative functions may be empowered by the Administrator of General Services, or officials of General Services Administration duly authorized by him, to act as nonuniformed special policemen in order to protect property under the charge and control of the General Services Administration and to carry firearms, whether on Federal property or in travel status. Such officials or employees who are empowered to act as nonuniformed special policemen shall have, while on real property under the charge and control of the General Services Administration, the power to enforce Federal laws for the protection of persons and property and the power to enforce rules and regulations made and published for such purposes by the Administrator or duly authorized officials of the General Services Administration. Any such special policeman may make arrests without warrant for any offense committed upon such property if he has reasonable ground to believe (1) the offense constitutes a felony under the laws of the United States, and (2) that the person to be arrested is guilty of that offense. -SOURCE- (June 1, 1948, ch. 359, Sec. 5, as added Sept. 22, 1961, Pub. L. 87-275, 75 Stat. 574.) ------DocID 44227 Document 473 of 816------ -CITE- 40 USC Sec. 319 -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 319. Grant of easements; authority of executive agencies; application; protection of Federal interests; consideration; legislative jurisdiction: notice of relinquishment, acceptance and State proceedings -STATUTE- Whenever a State or political subdivision or agency thereof or any person makes application for the grant of an easement in, over, or upon real property of the United States for a right-of-way or other purpose, the executive agency having control of such real property may grant to the applicant, on behalf of the United States, such easement as the head of such agency determines will not be adverse to the interests of the United States, subject to such reservations, exceptions, limitations, benefits, burdens, terms, or conditions, including those provided in section 319a of this title, as the head of the agency deems necessary to protect the interests of the United States. Such grant may be made without consideration, or with monetary or other consideration, including any interest in real property. In connection with the grant of such an easement, the executive agency concerned may relinquish to the State in which the affected real property is located such legislative jurisdiction as the executive agency deems necessary or desirable. Relinquishment of legislative jurisdiction under the authority of sections 319 to 319c of this title may be accomplished by filing with the Governor of the State concerned a notice of relinquishment to take effect upon acceptance thereof or by proceeding in such manner as the laws applicable to such State may provide. -SOURCE- (Pub. L. 87-852, Sec. 1, Oct. 23, 1962, 76 Stat. 1129.) -STATAMEND- REPEALS Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -MISC1- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 319b, 319c of this title. ------DocID 44228 Document 474 of 816------ -CITE- 40 USC Sec. 319a -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 319a. Termination of easements; notice to grantees, successors or assignees; effective date -STATUTE- The instrument granting any such easement may provide for termination of the easement in whole or in part if there has been - (a) a failure to comply with any term or condition of the grant, or (b) a nonuse of the easement for a consecutive two-year period for the purpose for which granted, or (c) an abandonment of the easement. If such a provision is included, it shall require that written notice of such termination shall be given to the grantee, or its successors or assigns. The termination shall be effective as of the date of such notice. -SOURCE- (Pub. L. 87-852, Sec. 2, Oct. 23, 1962, 76 Stat. 1129.) -STATAMEND- REPEALS Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -MISC1- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 319, 319b, 319c of this title. ------DocID 44229 Document 475 of 816------ -CITE- 40 USC Sec. 319b -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 319b. Additional easement authority -STATUTE- The authority conferred by sections 319 to 319c of this title shall be in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements. -SOURCE- (Pub. L. 87-852, Sec. 3, Oct. 23, 1962, 76 Stat. 1129.) -STATAMEND- REPEALS Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -MISC1- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 319, 319c of this title. ------DocID 44230 Document 476 of 816------ -CITE- 40 USC Sec. 319c -EXPCITE- TITLE 40 CHAPTER 4 -HEAD- Sec. 319c. Definitions for easement provisions -STATUTE- As used in sections 319 to 319c of this title - (a) The term 'State' means the States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. (b) The term 'executive agency' means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (c) The term 'person' includes any corporation, partnership, firm, association, trust, estate, or other entity. (d) The term 'real property of the United States' excludes the public lands (including minerals, vegetative, and other resources) in the United States, including lands reserved or dedicated for national forest purposes, lands administered or supervised by the Secretary of the Interior in accordance with sections 1 and 2 to 4 of title 16, as amended and supplemented, Indian-owned trust and restricted lands, and lands acquired by the United States primarily for fish and wildlife conservation purposes and administered by the Secretary of the Interior, lands withdrawn from the public domain primarily under the jurisdiction of the Secretary of the Interior, and lands acquired for national forest purposes. -SOURCE- (Pub. L. 87-852, Sec. 4, Oct. 23, 1962, 76 Stat. 1129.) -STATAMEND- REPEALS Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -MISC1- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 319, 319b of this title. ------DocID 44231 Document 477 of 816------ -CITE- 40 USC CHAPTER 5 -EXPCITE- TITLE 40 CHAPTER 5 -HEAD- CHAPTER 5 - HOURS OF LABOR AND SAFETY ON PUBLIC WORKS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 321 to 326. Repealed or Omitted. SUBCHAPTER II - CONTRACT WORK HOURS AND SAFETY STANDARDS 327. 'Secretary' defined. 328. Forty hour week; overtime compensation; contractual conditions; liability of employers for violation; withholding funds to satisfy liabilities of employers. 329. Contracts subject to this subchapter; workers covered; exceptions. 330. Report of violations and withholding of funds for unpaid wages and liquidated damages. (a) Reports of inspectors; determination of amount of unpaid wages and liquidated damages; authorization for direct payments by Comptroller General. (b) Rights of action and intervention against contractors and sureties. (c) Right of contractors to appeal; limitations; administrative determination; review by Secretary and issuance of final decision; filing claim in United States Claims Court. (d) Applicability of other laws. 331. Limitations, variations, tolerances, and exemptions. 332. Violations; penalties. 333. Health and safety standards in building trades and construction industry. (a) Condition of contracts; proceedings for promulgation of regulations; hearing, consultation with Advisory Committee. (b) Compliance with section and regulations: inspections, hearings, orders, findings of fact, and decisions; application of sections 38 and 39 of title 41; opportunity for hearing; consequences of noncompliance: cancellation of contracts, completion contracts, additional costs, and withholding of assistance; nonapplication of section 330 of this title. (c) Jurisdiction; cause shown; enforcement of compliance. (d) Finding of ineffective protection against violations; transmission of names of violators to Comptroller General; contract awards prohibition; termination of restriction and notification of Comptroller General and Government agencies; judicial review. (e) Advisory Committee on Construction Safety and Health; establishment; membership; appointment; representation of interests; advice in formulation of standards, regulations, and policy matters; appointment of experts or consultants; compensation, travel expenses, etc. (f) Safety programs: promotion; prevention of injuries through reports, data, and consultations with employers. ------DocID 44232 Document 478 of 816------ -CITE- 40 USC SUBCHAPTER I -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 44233 Document 479 of 816------ -CITE- 40 USC Sec. 321, 322 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 321, 322. Repealed. Pub. L. 87-581, title II, Sec. 203, Aug. 13, 1962, 76 Stat. 360 -MISC1- Section 321, acts Aug. 1, 1892, ch. 352, Sec. 1, 27 Stat. 340; Mar. 3, 1913, ch. 106, 37 Stat. 726, related to an eight-hour day on public works or dredging or rock excavation performed for the United States or the District of Columbia. See section 328 of this title. Section 322, acts Aug. 1, 1892, ch. 352, Sec. 2, 27 Stat. 340; Mar. 3, 1913, ch. 106, 37 Stat. 726, related to violation of these provisions and the penalties thereof. See section 332 of this title. EFFECTIVE DATE OF REPEAL Repeal effective 60 days after Aug. 13, 1962, but shall not affect contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as an Effective Date note under section 327 of this title. SAVINGS PROVISION Section 203 of Pub. L. 87-581 provided in part that: 'The provisions of such statutes (sections 321, 322, and 324 to 326 of this title) shall, notwithstanding, continue to apply with respect to contracts existing on the effective date of this Act (see Effective Date note set out under section 327 of this title) or entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act (Aug. 13, 1962).' ------DocID 44234 Document 480 of 816------ -CITE- 40 USC Sec. 323 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 323. Omitted -COD- CODIFICATION Section, acts Aug. 1, 1892, ch. 352, Sec. 3, 27 Stat. 340; Mar. 3, 1913, ch. 106, 37 Stat. 727, provided that sections 321 and 322 of this title should not affect contracts entered into prior to Aug. 1, 1892. ------DocID 44235 Document 481 of 816------ -CITE- 40 USC Sec. 324 to 326 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER I -HEAD- Sec. 324 to 326. Repealed. Pub. L. 87-581, title II, Sec. 203, Aug. 13, 1962, 76 Stat. 360 -MISC1- Section 324, acts June 19, 1912, ch. 174, Sec. 1, 37 Stat. 137; June 25, 1948, ch. 646, Sec. 19, 62 Stat. 989, required public contracts to provide for an eight-hour day and stipulate penalties for violations, inspectors were to report violations, penalties were to be withheld by payor of moneys under contract, administrative appeals were available to parties aggrieved by penalties, and provided that final administrative decisions could be taken to Court of Claims. See section 330 of this title. Section 325, act June 19, 1912, ch. 174, Sec. 2, 37 Stat. 138, related to excepted contracts, work which was included, waiver by President in time of war, conditions whereby penalties would not be imposed, and provided that it should be construed so as not to affect eight-hour law. See section 329 of this title. Section 325a, act Sept. 9, 1940, ch. 717, title III, Sec. 303, 54 Stat. 884, related to computation of wages on basic day rate of eight hours, and at one and one-half times basic rate for overtime compensation. See section 328 of this title. Section 326, act Mar. 4, 1917, ch. 180, 39 Stat. 1192, related to suspension of eight-hour law in case of national emergency, and provided that overtime rates be paid at not less than time and one-half for work exceeding eight hours. See section 331 of this title. EFFECTIVE DATE OF REPEAL Repeal effective 60 days after Aug. 13, 1962, but not affecting contracts existing or thereafter entered into pursuant to invitations for bids outstanding on Aug. 13, 1962, see section 204 of Pub. L. 87-581, set out as an Effective Date note under section 327 of this title. SAVINGS PROVISION The provisions of sections 321, 322, and 324 to 326 of this title applicable with respect to certain contracts, see section 203 of Pub. L. 87-581, set out as a note under section 321 of this title. ------DocID 44236 Document 482 of 816------ -CITE- 40 USC SUBCHAPTER II -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- SUBCHAPTER II - CONTRACT WORK HOURS AND SAFETY STANDARDS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 28 section 1499; title 39 section 410. ------DocID 44237 Document 483 of 816------ -CITE- 40 USC Sec. 327 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 327. 'Secretary' defined -STATUTE- As used herein, the term 'Secretary' means the Secretary of Labor, United States Department of Labor. -SOURCE- (Pub. L. 87-581, title I, Sec. 101, Aug. 13, 1962, 76 Stat. 357.) -REFTEXT- REFERENCES IN TEXT Herein, referred to in text, means title I of Pub. L. 87-581, Aug. 13, 1962, 76 Stat. 357, as amended, which enacted sections 327 to 333 of this title. For complete classification of title I to the Code, see Short Title note below and Tables. -MISC2- EFFECTIVE DATE Section 204 of Pub. L. 87-581 provided that: 'This Act (see Short Title note below) shall take effect sixty days after its enactment, but shall not affect any contract then existing or any contract that may thereafter be entered into pursuant to invitations for bids that are outstanding at the time of the enactment of this Act (Aug. 13, 1962).' SHORT TITLE Section 1 of Pub. L. 87-581, as amended by Pub. L. 91-54, Sec. 2, Aug. 9, 1969, 83 Stat. 98, provided: 'That this Act (enacting this section and sections 328 to 333 of this title, amending section 673c of former Title 5, Executive Departments and Government Officers and Employees, and section 1499 of Title 28, Judiciary and Judicial Procedure, repealing sections 321, 322, and 324 to 326 of this title, and enacting provisions set out as notes under this section, section 321 of this title, and section 1499 of Title 28) may be cited as the 'Work Hours and Safety Act of 1962' and title I (enacting this section and sections 328 to 333 of this title) may be cited as the 'Contract Work Hours and Safety Standards Act'.' -CROSS- DEFINITION OF 'THIS ACT' Section 2 of Pub. L. 87-581, as amended by Pub. L. 91-54, Sec. 2, Aug. 9, 1969, 83 Stat. 98, provided that: 'As used in this Act (see Short Title note above), the term 'this Act' means the Work Hours and Safety Act of 1962 except in title I (this section and sections 328 to 333 of this title) where it means the Contract Work Hours and Safety Standards Act.' ------DocID 44238 Document 484 of 816------ -CITE- 40 USC Sec. 328 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 328. Forty hour week; overtime compensation; contractual conditions; liability of employers for violation; withholding funds to satisfy liabilities of employers -STATUTE- (a) Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor in his performance of work on any contract of the character specified in section 329 of this title shall be computed on the basis of a standard workweek of forty hours, and work in excess of such standard workweek shall be permitted subject to provisions of this section. For each workweek in which any such laborer or mechanic is so employed such wages shall include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of forty hours in the workweek. (b) The following provisions shall be a condition of every contract of the character specified in section 329 of this title and of any obligation of the United States, any territory, or the District of Columbia in connection therewith: (1) No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any laborer or mechanic, in any workweek in which he is employed on such work, to work in excess of forty hours in such workweek except in accordance with the provisions of this subchapter; and (2) In the event of violation of the provisions of paragraph (1), the contractor and any subcontractor responsible therefor shall be liable to such affected employee for his unpaid wages and shall, in addition, be liable to the United States (or, in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages as provided therein. Such liquidated damages shall be computed, with respect to each individual employed as a laborer or mechanic in violation of any provision of this subchapter, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this subchapter. The governmental agency for which the contract work is done or by which financial assistance for the work is provided may withhold, or cause to be withheld, subject to the provisions of section 330 of this title, from any moneys payable on account of work performed by a contractor or subcontractor, such sums as may administratively be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as herein provided. -SOURCE- (Pub. L. 87-581, title I, Sec. 102, Aug. 13, 1962, 76 Stat. 357; Pub. L. 99-145, title XII, Sec. 1241(a), Nov. 8, 1985, 99 Stat. 734.) -MISC1- AMENDMENTS 1985 - Subsec. (a). Pub. L. 99-145, Sec. 1241(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 'Notwithstanding any other provision of law, the wages of every laborer and mechanic employed by any contractor or subcontractor in his performance of work on any contract of the character specified in section 329 of this title shall be computed on the basis of a standard workday of eight hours and a standard workweek of forty hours, and work in excess of such standard workday or workweek shall be permitted subject to the provisions of this section. For each workweek in which any such laborer or mechanic is so employed, such wages shall include compensation, at a rate not less than one and one-half times the basic rate of pay, for all hours worked in excess of forty hours in the workweek, as the case may be.' Subsec. (b)(1). Pub. L. 99-145, Sec. 1241(a)(2)(A), struck out 'eight hours in any calendar day or in excess of' before 'forty hours in such workweek'. Subsec. (b)(2). Pub. L. 99-145, Sec. 1241(a)(2)(B), struck out 'eight hours or in excess of' before 'the standard workweek'. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99-145 effective Jan. 1, 1986, see section 1241(c) of Pub. L. 99-145, set out as a note under section 35 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 329 of this title. ------DocID 44239 Document 485 of 816------ -CITE- 40 USC Sec. 329 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 329. Contracts subject to this subchapter; workers covered; exceptions -STATUTE- (a) The provisions of this subchapter shall apply, except as otherwise provided, to any contract which may require or involve the employment of laborers or mechanics upon a public work of the United States, of any territory, or of the District of Columbia, and to any other contract which may require or involve the employment of laborers or mechanics if such contract is one (1) to which the United States or any agency or instrumentality thereof, any territory, or the District of Columbia is a party, or (2) which is made for or on behalf of the United States, any agency or instrumentality thereof, any territory, or the District of Columbia, or (3) which is a contract for work financed in whole or in part by loans or grants from, or loans insured or guaranteed by, the United States or any agency or instrumentality thereof under any statute of the United States providing wage standards for such work: Provided, That the provisions of section 328 of this title, shall not apply to work where the assistance from the United States or any agency or instrumentality as set forth above is only in that nature of a loan guarantee, or insurance. Except as otherwise expressly provided, the provisions of this subchapter shall apply to all laborers and mechanics, including watchmen and guards, employed by any contractor or subcontractor in the performance of any part of the work contemplated by any such contract, and for purposes of this subchapter, laborers and mechanics shall include workmen performing services in connection with dredging or rock excavation in any river or harbor of the United States or of any territory or of the District of Columbia, but shall not include any employee employed as a seaman. (b) This subchapter shall not apply to contracts for transportation by land, air, or water, or for the transmission of intelligence, or for the purchase of supplies or materials or articles ordinarily available in the open market. This subchapter shall not apply with respect to any work required to be done in accordance with the provisions of the Walsh-Healey Public Contracts Act. -SOURCE- (Pub. L. 87-581, title I, Sec. 103, Aug. 13, 1962, 76 Stat. 358.) -REFTEXT- REFERENCES IN TEXT The Walsh-Healey Public Contracts Act, referred to in subsec. (b), probably means act June 30, 1936, ch. 881, 49 Stat. 2036, as amended, popularly known as the Walsh-Healey Act, which is classified generally to sections 35 to 45 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 35 of Title 41 and Tables. See also section 262 of Title 29, Labor. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 328, 330, 333 of this title. ------DocID 44240 Document 486 of 816------ -CITE- 40 USC Sec. 330 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 330. Report of violations and withholding of funds for unpaid wages and liquidated damages -STATUTE- (a) Reports of inspectors; determination of amount of unpaid wages and liquidated damages; authorization for direct payments by Comptroller General Any officer or person designated as inspector of the work to be performed under any contract of the character specified in section 329 of this title, or to aid in the enforcement or fulfillment thereof shall, upon observation or investigation, forthwith report to the proper officer of the United States, of any territory or possession, or of the District of Columbia, all violations of the provisions of this subchapter occurring in the performance of such work, together with the name of each laborer or mechanic who was required or permitted to work in violation of such provisions and the day or days of such violation. The amount of unpaid wages and liquidated damages owing under the provisions of this subchapter shall be administratively determined and the officer or person whose duty it is to approve the payment of moneys by the United States, the territory, or the District of Columbia in connection with the performance of the contract work shall direct the amount of such liquidated damages to be withheld for the use and benefit of the United States, said territory, or said District, and shall direct the amount of such unpaid wages to be withheld for the use and benefit of the laborers and mechanics who were not compensated as required under the provisions of this subchapter. The Comptroller General of the United States is authorized and directed to pay directly to such laborers and mechanics, from the sums withheld on account of underpayments of wages, the respective amounts administratively determined to be due, if the funds withheld are adequate, and, if not, an equitable proportion of such amounts. (b) Rights of action and intervention against contractors and sureties If the accrued payments withheld under the terms of the contracts, as aforesaid, are insufficient to reimburse all the laborers and mechanics with respect to whom there has been a failure to pay the wages required pursuant to this subchapter, such laborers and mechanics shall, in the case of a department or agency of the Federal Government, have the rights of action and/or of intervention against the contractor and his sureties conferred by law upon persons furnishing labor or materials, and in such proceedings it shall be no defense that such laborers and mechanics accepted or agreed to accept less than the required rate of wages or voluntarily made refunds. (c) Right of contractors to appeal; limitations; administrative determination; review by Secretary and issuance of final decision; filing claim in United States Claims Court Any contractor or subcontractor aggrieved by the withholding of a sum as liquidated damages as provided in this subchapter shall have the right, within sixty days thereafter, to appeal to the head of the agency of the United States or of the territory for which the contract work is done or by which financial assistance for the work is provided, or to the Mayor of the District of Columbia in the case of liquidated damages withheld for the use and benefit of said District. Such agency head or Mayor, as the case may be, shall have authority to review the administrative determination of liquidated damages and to issue a final order affirming such determination; or, if it is found that the sum determined is incorrect or that the contractor or subcontractor violated the provisions of this subchapter inadvertently notwithstanding the exercise of due care on his part and that of his agents, recommendations may be made to the Secretary that an appropriate adjustment in liquidated damages be made, or that the contractor or subcontractor be relieved of liability for such liquidated damages. The Secretary shall review all pertinent facts in the matter and may conduct such investigations as he deems necessary, so as to affirm or reject the recommendation. The decision of the Secretary shall be final. In all such cases in which a contractor or subcontractor may be aggrieved by a final order for the withholding of liquidated damages as hereinbefore provided, such contractor or subcontractor may, within sixty days after such final order, file a claim in the United States Claims Court: Provided, however, That final orders of the agency head, the Mayor of the District of Columbia or the Secretary, as the case may be, shall be conclusive with respect to findings of fact if such findings are supported by substantial evidence. (d) Applicability of other laws Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267) shall be applicable with respect to the provisions of this subchapter, and section 276c of this title, shall be applicable with respect to those contractors and subcontractors referred to therein who are engaged in the performance of contracts subject to the provisions of this subchapter. -SOURCE- (Pub. L. 87-581, title I, Sec. 104, Aug. 13, 1962, 76 Stat. 358; 1967 Reorg. Plan No. 3, Sec. 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93-198, title IV, Sec. 421, Dec. 24, 1973, 87 Stat. 789; Pub. L. 97-164, title I, Sec. 160(a)(13), Apr. 2, 1982, 96 Stat. 48.) -REFTEXT- REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in subsec. (d), is Reorg. Plan No. 14 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1267, which is set out in the Appendix to Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1982 - Subsec. (c). Pub. L. 97-164 substituted 'United States Claims Court' for 'Court of Claims'. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 of Pub. L. 97-164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure. -TRANS- TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, functions of Board of Commissioners of District of Columbia transferred to Commissioner of District of Columbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of District of Columbia Code. Accordingly, 'Mayor' substituted in subsec. (c) for 'commissioners'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 328, 333 of this title; title 28 section 1499. ------DocID 44241 Document 487 of 816------ -CITE- 40 USC Sec. 331 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 331. Limitations, variations, tolerances, and exemptions -STATUTE- The Secretary may provide such reasonable limitations and may make such rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of this subchapter as he may find necessary and proper in the public interest to prevent injustice or undue hardship or to avoid serious impairment of the conduct of Government business. -SOURCE- (Pub. L. 87-581, title I, Sec. 105, Aug. 13, 1962, 76 Stat. 359.) ------DocID 44242 Document 488 of 816------ -CITE- 40 USC Sec. 332 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 332. Violations; penalties -STATUTE- Any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed in the performance of any work contemplated by any contract to which this subchapter applies, who shall intentionally violate any provision of this subchapter, 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 or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof. -SOURCE- (Pub. L. 87-581, title I, Sec. 106, Aug. 13, 1962, 76 Stat. 359.) ------DocID 44243 Document 489 of 816------ -CITE- 40 USC Sec. 333 -EXPCITE- TITLE 40 CHAPTER 5 SUBCHAPTER II -HEAD- Sec. 333. Health and safety standards in building trades and construction industry -STATUTE- (a) Condition of contracts; proceedings for promulgation of regulations; hearing, consultation with Advisory Committee It shall be a condition of each contract which is entered into under legislation subject to Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267), and is for construction, alteration, and/or repair, including painting and decorating, that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health or safety, as determined under construction safety and health standards promulgated by the Secretary by regulation based on proceedings pursuant to section 553 of title 5, provided that such proceedings include a hearing of the nature authorized by said section. In formulating such standards, the Secretary shall consult with the Advisory Committee created by subsection (e) of this section. (b) Compliance with section and regulations: inspections, hearings, orders, findings of fact, and decisions; application of sections 38 and 39 of title 41; opportunity for hearing; consequences of noncompliance: cancellation of contracts, completion contracts, additional costs, and withholding of assistance; nonapplication of section 330 of this title The Secretary is authorized to make such inspections, hold such hearings, issue such orders, and make such decisions based on finding of fact, as are deemed necessary to gain compliance with this section and any health and safety standard promulgated by the Secretary under subsection (a) of this section, and for such purposes the Secretary and the United States district courts shall have the authority and jurisdiction provided by sections 38 and 39 of title 41. In the event that the Secretary of Labor determines noncompliance under the provisions of this section after an opportunity for an adjudicatory hearing by the Secretary of any condition of a contract of a type described in clause (1) or (2) of section 329(a) of this title, the governmental agency for which the contract work is done shall have the right to cancel the contract, and to enter into other contracts for the completion of the contract work, charging any additional cost to the original contractor. In the event of noncompliance, as determined by the Secretary after an opportunity for an adjudicatory hearing by the Secretary, of any condition of a contract of a type described in clause (3) of section 329(a) of this title, the governmental agency by which financial guarantee, assistance, or insurance for the contract work is provided shall have the right to withhold any such assistance attributable to the performance of the contract. Section 330 of this title shall not apply to the enforcement of this section. (c) Jurisdiction; cause shown; enforcement of compliance The United States district courts shall have jurisdiction for cause shown, in any actions brought by the Secretary, to enforce compliance with the construction safety and health standard promulgated by the Secretary under subsection (a) of this section. (d) Finding of ineffective protection against violations; transmission of names of violators to Comptroller General; contract awards prohibition; termination of restriction and notification of Comptroller General and Government agencies; judicial review (1) If the Secretary determines on the record after an opportunity for an agency hearing that, by repeated willful or grossly negligent violations of this subchapter, a contractor or subcontractor has demonstrated that the provisions of subsections (b) and (c) of this section are not effective to protect the safety and health of his employees, the Secretary shall make a finding to that effect and shall, not sooner than thirty days after giving notice of the findings to all interested persons, transmit the name of such contractor or subcontractor to the Comptroller General. (2) The Comptroller General shall distribute each name so transmitted to him to all agencies of the Government. Unless the Secretary otherwise recommends, no contract subject to this section shall be awarded to such contractor or subcontractor or to any person in which such contractor or subcontractor has a substantial interest until three years have elapsed from the date the name is transmitted to the Comptroller General. If, before the end of such three-year period, the Secretary, after affording interested persons due notice and opportunity for hearing, is satisfied that a contractor or subcontractor whose name he has transmitted to the Comptroller General will thereafter comply responsibly with the requirements of this section, 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); and when the Comptroller General is informed of the Secretary's action he shall inform all agencies of the Government thereof. (3) Any person aggrieved by the Secretary's action under subsections (b) or (d) of this section may, within sixty days after receiving notice thereof, file with the appropriate United States court of appeals a petition for review of such action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary, who shall thereupon file in the court the record upon which he based his action, as provided in section 2112 of title 28. The findings of fact by the Secretary, if supported by substantial evidence, shall be final. The court shall have power to make and enter a decree enforcing, modifying, and enforcing as so modified, or setting aside in whole or in part, the order of the Secretary or the appropriate Government agency. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28. (e) Advisory Committee on Construction Safety and Health; establishment; membership; appointment; representation of interests; advice in formulation of standards, regulations, and policy matters; appointment of experts or consultants; compensation, travel expenses, etc. (1) The Secretary shall establish in the Department of Labor an Advisory Committee on Construction Safety and Health (hereinafter referred to as the 'Advisory Committee') consisting of nine members appointed, without regard to the civil service laws, by the Secretary. The Secretary shall appoint one such member as Chairman. Three members of the Advisory Committee shall be persons representative of contractors to whom this section applies, three members shall be persons representative of employees primarily in the building trades and construction industry engaged in carrying out contracts to which this section applies, and three public representatives who shall be selected on the basis of their professional and technical competence and experience in the construction health and safety field. (2) The Advisory Committee shall advise the Secretary in the formulation of construction safety and health standards and other regulations, and with respect to policy matters arising in the administration of this section. The Secretary may appoint such special advisory and technical experts or consultants as may be necessary to carry out the functions of the Advisory Committee. (3) Members of the Advisory Committee shall, while serving on the business of the Advisory Committee, be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime; and while so serving away from their homes or regular places of business, they may be allowed 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. (f) Safety programs: promotion; prevention of injuries through reports, data, and consultations with employers The Secretary shall 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 employments covered by this subchapter, and to collect such reports and data and to consult with and advise employers as to the best means of preventing injuries. -SOURCE- (Pub. L. 87-581, title I, Sec. 107, as added Pub. L. 91-54, Sec. 1, Aug. 9, 1969, 83 Stat. 96.) -REFTEXT- REFERENCES IN TEXT Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a), 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. The civil service laws, referred to in subsec. (e)(1), are set forth in Title 5. See, particularly, section 3301 et seq. of Title 5. -MISC2- TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 45 section 565. ------DocID 44244 Document 490 of 816------ -CITE- 40 USC CHAPTER 6 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- CHAPTER 6 - ACQUISITION OF SITES FOR AND CONSTRUCTION OF PUBLIC BUILDINGS -MISC1- Sec. 341 to 345a. Repealed or Omitted. 345b. Disposition of obsolete buildings and sites; purchase price. 345c. Conveyance or transfer of Federal property to States or political subdivisions. (a) Widening of public highways, streets, or alleys; determination by executive agency head. (b) 'Executive agency' defined. (c) Highway purposes. 346 to 355. Repealed or Transferred. 356. Lease purchase contracts. (a) Authority to procure space; terms; limitation on amount. (b) Utilization of existing property. (c) Agreements to effectuate purposes; development and improvement of land. (d) Contract provisions; limitations on amount of payments. (e) Omitted. (f) Utilization of funds for payments; conditions. (g) Postal purposes. (h) State and local taxes. (i) Separability. (j) Applicability of other sections. 356a. Exercise of lease purchase contract authority. (a) Southwestern portion of District of Columbia; conformance to Redevelopment Act; terms of contracts. (b) Authority to exchange lands. (c) Demolition of temporary buildings. (d) Authority to negotiate purchase contracts. 357. Effect on Federal construction programs. -CROSS- CROSS REFERENCES For provisions relating to the construction, alteration, and acquisition of public buildings of the Federal Government, see the Public Buildings Act of 1959, which is classified to section 601 et seq. of this title. ------DocID 44245 Document 491 of 816------ -CITE- 40 USC Sec. 341 to 342a -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 341 to 342a. Repealed. Pub. L. 86-249, Sec. 17(19), (20), Sept. 9, 1959, 73 Stat. 486 -MISC1- Section 341, act May 25, 1926, ch. 380, Sec. 1, 44 Stat. 630, authorized acquisition of sites and construction of public buildings. See section 601 et seq. of this title. Section 342, act May 25, 1926, ch. 380, Sec. 2, 44 Stat. 631, related to work of preparing designs and other drawings, estimates, specifications, and awarding of contracts, and supervision of work authorized under sections 341, 342, 344, 345, 346, and 347 of this title. Section 342a, act Dec. 22, 1927, ch. 5, 45 Stat. 32, related to manner of payment for outside professional services wherein period of performance extended beyond fiscal year in which contract for services was entered into. SAVINGS PROVISION Section 17 of Pub. L. 86-249 provided in part that sections 23, 24, 32, 33, 59, 254, 259, 260, 262 to 265, 267, 268, 274 to 276, 277, 278, 282, 297 to 298, 298c, 341 to 342a, 344, 345, 346 to 350a, and 352 to 354 of this title are repealed except as to their application to any project referred to in section 613 of this title. ------DocID 44246 Document 492 of 816------ -CITE- 40 USC Sec. 343 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 343. Omitted -COD- CODIFICATION Section, act May 25, 1926, ch. 380, Sec. 3, 44 Stat. 632, authorized Secretary of the Treasury to carry into effect provisions of existing law authorizing acquisition of land for sites and construction of public buildings in certain enumerated cities and provided an additional appropriation law. ------DocID 44247 Document 493 of 816------ -CITE- 40 USC Sec. 344, 345 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 344, 345. Repealed. Pub. L. 86-249, Sec. 17(19), Sept. 9, 1959, 73 Stat. 486 -MISC1- Section 344, act May 25, 1926, ch. 380, Sec. 4, 44 Stat. 632, provided for submission of estimates to Bureau of the Budget, basis of allocation, availability of moneys essential to letting contracts, and required report to Congress. Section 345, acts May 25, 1926, ch. 380, Sec. 5, 44 Stat. 633; June 16, 1949, ch. 218, title IV, Sec. 402, 403, 63 Stat. 199; Sept. 2, 1958, Pub. L. 85-886, Sec. 4, 72 Stat. 1710, related to spacing of public buildings and to exchange of sites. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44248 Document 494 of 816------ -CITE- 40 USC Sec. 345a -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 345a. Omitted -COD- CODIFICATION Section, acts May 25, 1926, ch. 380, Sec. 5, 44 Stat. 633; Feb. 16, 1931, ch. 203, Sec. 1, 46 Stat. 1164, provided appropriations for public-building program. ------DocID 44249 Document 495 of 816------ -CITE- 40 USC Sec. 345b -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 345b. Disposition of obsolete buildings and sites; purchase price -STATUTE- In order to suitably dispose of certain Federal buildings and the sites thereof under the control of the Administrator of General Services, which have been supplanted by new structures, and for which the Administrator of General Services has determined there is no further Federal need, he is authorized, in his discretion, if he deems it to be in the best interests of the Government, to sell such buildings and sites or parts of sites to States, counties, municipalities, or other duly constituted political subdivisions of States for public use upon such terms, pursuant to such rules and regulations promulgated by him, as he deems proper, and to convey the same by the usual quitclaim deed, and he may enter into long-term contracts for the payment of the purchase price in such installments as he deems fair and reasonable and may furthermore waive any requirements for interest charges on deferred payment: Provided, That the total purchase price shall in no case be less than 50 per centum of the appraised value of the land, the appraisal to be made by the Administrator of General Services: Provided further, That the proceeds of the sales shall be deposited in the Treasury as miscellaneous receipts. -SOURCE- (Aug. 26, 1935, ch. 684, Sec. 1, 49 Stat. 800; 1939 Reorg. Plan No. I, Sec. 301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; July 7, 1960, Pub. L. 86-608, 74 Stat. 363.) -MISC1- AMENDMENTS 1960 - Pub. L. 86-608 struck out provisions which empowered Administrator, in event portions of any Federal building sites under his control are desired by municipalities by reason of any duly authorized, comprehensive street-widening program, to deed to such municipalities, without cost, such areas needed for street uses as may be dedicated without jeopardy to Federal interest. See section 345c of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. By Reorg. Plan No. I of 1939, Public Buildings Branch of Procurement Division of Treasury Department transferred to Public Buildings Administration, Federal Works Agency, and functions of Secretary of the Treasury relating to Public Buildings Branch of Procurement Division and to selection of location and sites for public buildings transferred to Federal Works Administrator. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44250 Document 496 of 816------ -CITE- 40 USC Sec. 345c -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 345c. Conveyance or transfer of Federal property to States or political subdivisions -STATUTE- (a) Widening of public highways, streets, or alleys; determination by executive agency head Whenever a State or political subdivision of a State makes application therefor in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency having control over the affected real property of the United States may convey or otherwise transfer, with or without consideration, to such State or political subdivision for such highway, street, or alley widening purposes, such interest in such real property as he determines will not be adverse to the interests of the United States, subject to such terms and conditions as he deems necessary to protect the interests of the United States. (b) 'Executive agency' defined As used in this section the term 'executive agency' means any executive department or independent establishment in the executive branch of the Government of the United States, including any wholly owned Government corporation. (c) Highway purposes Nothing in this section shall be deemed to authorize the conveyance or other transference of any interest in real property which can be transferred to a State or political subdivision of a State for highway purposes under title 23. -SOURCE- (Aug. 26, 1935, ch. 684, Sec. 2, as added July 7, 1960, Pub. L. 86-608, 74 Stat. 363.) -STATAMEND- REPEALS Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. -MISC1- SAVINGS PROVISION Repeal by Pub. L. 94-579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94-579, set out as a note under section 1701 of Title 43, Public Lands. ------DocID 44251 Document 497 of 816------ -CITE- 40 USC Sec. 346 to 350a -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 346 to 350a. Repealed. Pub. L. 86-249, Sec. 17(19), (21)-(23), Sept. 9, 1959, 73 Stat. 486 -MISC1- Section 346, act May 25, 1926, ch. 380, Sec. 6, 44 Stat. 634, related to control and allotment of space in public buildings. Section 347, act May 25, 1926, ch. 380, Sec. 7, 44 Stat. 635, provided for survey of public-building conditions. Section 348, act Jan. 13, 1928, ch. 9, Sec. 3, 45 Stat. 52, related to care, maintenance, and protection of public buildings constructed under sections 341 and 343 of this title. Section 349, act Mar. 31, 1930, ch. 99, Sec. 1(e), 46 Stat. 137, made provisions of sections 341, 342, 344, 345, 346 and 347 of this title applicable to the Territories. Section 350, act June 27, 1930, ch. 645, 46 Stat. 823, authorized acceptance of donations of sites for public buildings. Section 350a, act Mar. 31, 1930, ch. 99, Sec. 1(c), 46 Stat. 137, authorized employment of outside professional or technical services of persons, firms, or corporations. See section 609 of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44252 Document 498 of 816------ -CITE- 40 USC Sec. 351 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 351. Transferred -COD- CODIFICATION Section, act Aug. 24, 1949, ch. 506, title III, Sec. 307, 63 Stat. 662, which prohibited use of funds of any wholly owned Government corporation for construction etc., of office buildings in Washington, D.C., for the use of the Government, was transferred to section 33a of this title and subsequently omitted from the Code. ------DocID 44253 Document 499 of 816------ -CITE- 40 USC Sec. 352 to 354 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 352 to 354. Repealed. Pub. L. 86-249, Sec. 17(18), Sept. 9, 1959, 73 Stat. 486 -MISC1- Section 352, act June 16, 1949, ch. 218, title I, Sec. 101, 63 Stat. 176, related to comprehensive planning of Federal public buildings outside the District of Columbia, cooperation between the Administrator of General Services and the Postmaster General, and equitable distribution of projects. See section 601 et seq. of this title. Section 353, act June 16, 1949, ch. 218, title I, Sec. 102, 63 Stat. 176, stated Congressional declaration of purpose for equitable distribution of selected projects. Section 354, act June 16, 1949, ch. 218, title I, Sec. 103, 63 Stat. 176, authorized appropriations for carrying out the purposes of sections 352 and 353 of this title. SAVINGS PROVISION Sections repealed except as to their application to any project referred to in section 613 of this title, see section 17 of Pub. L. 86-249, set out as a note under section 341 of this title. ------DocID 44254 Document 500 of 816------ -CITE- 40 USC Sec. 355 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 355. Repealed. Pub. L. 87-466, May 31, 1962, 76 Stat. 87 -MISC1- Section, act June 16, 1949, ch. 218, title IV, Sec. 409, 63 Stat. 200, required submission of a report to Congress concerning eligible public building projects. ------DocID 44255 Document 501 of 816------ -CITE- 40 USC Sec. 356 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 356. Lease purchase contracts -STATUTE- (a) Authority to procure space; terms; limitation on amount Whenever the Administrator of General Services determines that (1) the needs for space for the permanent activities of the Federal Government in any particular area cannot be satisfied by utilization of any existing property suitable for the purpose then owned by the Government, and (2) the best interests of the United States will be served by taking action hereunder, he is authorized to obtain and provide space for the accommodation of activities of the Government in the several States, the District of Columbia, and the Territories and possessions of the United States (including Guam), except for the accommodation of activities of the United States Postal Service, by negotiating and entering into purchase contracts, the terms of which shall not be less than ten nor more than twenty-five years and which shall provide in each case that title to the property shall vest in the United States at or before the expiration of the contract term and upon fulfillment of the terms and conditions stipulated in each of such purchase contracts. Such terms and conditions shall include provision for the application to the purchase price agreed upon therein of installment payments made thereunder including provision for the exchange of surplus real property or real property which may become surplus as a result of such agreement, where the Administrator determines that the best interests of the Government in economy and efficiency of operation will be served. Every purchase contract entered into pursuant to this title shall provide for equal annual payments for the amortization of principal with interest thereon and the Administrator shall not enter into any such contract unless the amount of the annual payment required by such contract plus the aggregate of the annual payments required by all other purchase contracts entered into during the same fiscal year do not exceed the specific limitations on such payments which shall be provided in appropriation acts: Provided, That prior to July 1, 1955, a limitation of not to exceed $5,000,000 is established for such purpose. (b) Utilization of existing property The Administrator of General Services is authorized to exercise the powers granted in this section with respect to existing properties, including those for which conversions, additions, extensions, or remodeling may be required, and properties upon which construction is to be subsequently effected in pursuance of the terms of applicable purchase contracts. (c) Agreements to effectuate purposes; development and improvement of land The Administrator of General Services is authorized to enter into agreements with any person, copartnership, corporation, or other public or private entity, to effectuate any of the purposes of this section; and is further authorized to bring about the development and improvement of any land owned by the United States and under the control of the General Services Administration including the demolition of obsolete and outmoded structures situated thereon, by providing for the construction thereon by others of such structures and facilities as shall be the subject of the applicable purchase contracts. (d) Contract provisions; limitations on amount of payments Each such purchase contract shall include such provisions as the Administrator of General Services, in his discretion, shall deem to be in the best interests of the United States and appropriate to secure the performance of the obligations imposed upon the party or parties that shall enter into such agreement with the United States: Provided, That no such agreement may provide for the payment by the United States in pursuance of the terms thereof of moneys in an aggregate annual amount in excess of 15 per centum of the appraised fair market value of the property at the date of the purchase contract, or in the case of property where construction shall not have been completed at that date in excess of 15 per centum of the fair market value at the date of completion of such construction. No such purchase contract shall provide for any payments to be made by the United States in excess of the amount necessary, as determined by the Administrator, to - (1) amortize - (A) the cost of improvements to be constructed plus the fair market value, on the date of the agreement, of the site, if owned or acquired by the contractor; or (B) the fair market value, on the date of the agreement, of completed improvements together with the site thereof; or (C) a combination of the foregoing in the case of existing improvements to be remodeled by the contractor; and (2) provide a reasonable rate of interest on the outstanding principal as determined under (1) above; and (3) reimburse the contractor for the cost of any other obligations assumed by him under the contract, including (but not limited to) payment of taxes, costs of carrying appropriate insurance, and costs of repair and maintenance if so assumed by the contractor. (e) Omitted (f) Utilization of funds for payments; conditions Funds now or hereafter available for the payment of rent and related charges for premises, whether appropriated directly to the General Services Administration or to any other agency of the Government and received by said Administration for such purpose, may be utilized by the Administrator of General Services to make payments becoming due from time to time from the United States as current charges in connection with agreements entered into under authority of this section: Provided, That no such funds may be expended for acquisition of title to the property covered by any such agreement prior to the expiration of the contract term specified therein (whether by exercise of option to purchase or otherwise) in the absence of specific appropriations of funds for such acquisition, which appropriations are authorized: Provided further, That the value of any Government real property to be exchanged under any such agreement may be credited at the time of exchange to the payments to be made by the United States thereunder: Provided further, That Government real property to be exchanged may be credited in whole or in part to the purchase price of the property for which it is exchanged, except that where the amount of the credit for the real property to be exchanged exceeds the amount of the purchase price, the amount of the remaining proceeds shall, except as provided in section 2003 of title 39, be covered into the miscellaneous receipts of the Treasury of the United States. (g) Postal purposes When requested by the United States Postal Service, the Administrator of General Services is authorized to exercise the authority vested in him by this section (1) to acquire property for postal purposes, or (2) to provide space for postal purposes in buildings acquired under this section for other purposes. (h) State and local taxes With respect to any interest in real property acquired under the provisions of this section, the same shall be subject to State and local taxes until title to the same shall pass to the Government of the United States. (i) Separability If any provision of this section or the application thereof to any person or circumstance is held invalid, the remainder of this section and the application thereof to other persons or circumstances shall not be affected thereby. (j) Applicability of other sections (1) Section 252(c) (FOOTNOTE 1) of title 41 and section 255 of this title shall apply to purchase contract agreements entered into under this section, except that any such agreement may be entered into and placed in effect after request for but prior to receipt of an opinion of the Attorney General with respect to the validity of title to the property described therein. (FOOTNOTE 1) See References in Text note below. (2) Except as provided by paragraph (1) of this subsection, sections 34, 37a, (FOOTNOTE 1) 259, (FOOTNOTE 1) 267 (FOOTNOTE 1) and 304c of this title; and sections 12 and 14 of title 41; and any other provision of law (except applicable labor standards provisions) relating to the acquisition of real property, construction of buildings, or leasing of space, shall not apply to purchase contract agreements executed under this section. -SOURCE- (June 16, 1949, ch. 218, title IV, Sec. 411, as added July 22, 1954, ch. 560, title I, Sec. 101, 68 Stat. 518, and amended July 9, 1956, ch. 525, Sec. 1, 70 Stat. 510; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 6(m)(1), (o), 84 Stat. 773, 782, 783.) -REFTEXT- REFERENCES IN TEXT This title, referred to in subsec. (a), means title IV of act June 16, 1949, ch. 218, which enacted sections 37a, 298, 298a, 298b, 298c, 298d, 355, 356, and 356a of this title, and amended section 345 of this title. Sections 37a, 298, 298c, 345, and 355 of this title have since been repealed. Subsection (c) of section 252 of title 41, referred to in subsec. (j), was struck out by section 2714(a)(1)(B) of Pub. L. 98-369 and provisions formerly contained in subsection (e) were restated in subsection (c)(1) of section 252 of Title 41, Public Contracts. Section 37a of this title, referred to in subsec. (j)(2), was repealed by Pub. L. 85-493, Sec. 2, July 2, 1958, 72 Stat. 294. Sections 259 and 267 of this title, referred to in subsec. (j)(2), were repealed by Pub. L. 86-249, Sec. 17(12), Sept. 9, 1959, 73 Stat. 485. -COD- CODIFICATION Provisions of subsec. (e) of this section required Congressional approval by the Committees on Public Works of the Senate and the House of Representatives of proposed purchase contract projects within three years after July 22, 1954 in order for such contract projects to be eligible for appropriations. -MISC3- PRIOR PROVISIONS A prior section 411 of act June 16, 1949, was renumbered section 413 and is set out as a note under section 298a of this title. AMENDMENTS 1970 - Subsec. (f). Pub. L. 91-375 substituted 'section 2003 of title 39' for 'section 205 of the Post Office Department Property Act of 1954'. 1956 - Subsec. (e). Act July 9, 1956, struck out requirement for approval of purchase-contract agreements by Director of the Bureau of the Budget and inserted at end of subpar. 8, requirement that project statement by Director be based on budgetary and related considerations, and not deemed to constitute approval of specific terms of any proposed agreement or of selection of any particular contractor or lessor. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. SHORT TITLE Section 103 of title I of act July 22, 1954, provided that: 'This title (enacting this section and section 357 of this title) may be cited as the 'Public Buildings Purchase Contract Act of 1954'.' -TRANS- TRANSFER OF FUNCTIONS In subsec. (a), 'United States Postal Service' substituted for 'Post Office Department', and in subsec. (g), 'United States Postal Service' substituted for 'Postmaster General' pursuant to Pub. L. 91-375 which abolished Post Office Department and office of Postmaster General of Post Office Department, transferred their functions to United States Postal Service, and provided that references in other laws to Post Office Department shall be considered a reference to United States Postal Service. -MISC5- LIMITATION ON USE OF FUNDS FOR PAYMENT FOR SITES, PLANNING OR CONSTRUCTION OF BUILDINGS BY LEASE-PURCHASE CONTRACTS Pub. L. 85-844, title I, Sec. 101, Aug. 28, 1958, 72 Stat. 1067, provided: 'That hereafter, except for projects located at Atlanta, Georgia; Rock Island, Illinois; Council Bluffs, Iowa; Kansas City, Kansas; Burlington, Iowa; Albuquerque, New Mexico; Sacramento, California; Brunswick, Georgia; Sedan, Kansas; Jonesboro, Louisiana; Lake Charles, Louisiana; Redwood Falls, Minnesota; Biloxi, Mississippi; Greenville, Mississippi; Laurel, Mississippi; Omaha, Nebraska; Durham, New Hampshire; Manning, South Carolina; Sisseton, South Dakota; Kingsport, Tennessee; Gainesville, Texas; McKinney, Texas; Huntington, West Virginia; Green Bay, Wisconsin; Marshfield, Missouri; Terrell, Texas; Mount Hope, West Virginia; Benton, Illinois; Burlington, Vermont; St. Marys, Ohio; West Memphis, Arkansas; Newkirk, Oklahoma; Point Pleasant, New Jersey; and Denver, Colorado; no part of any funds in this or any other Act shall be used for payment for sites, planning or construction of any buildings by lease-purchase contracts.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 356a, 357 of this title. ------DocID 44256 Document 502 of 816------ -CITE- 40 USC Sec. 356a -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 356a. Exercise of lease purchase contract authority -STATUTE- (a) Southwestern portion of District of Columbia; conformance to Redevelopment Act; terms of contracts In exercising the authority contained in section 356 of this title within the southwestern portion of the District of Columbia, the Administrator of General Services shall conform to the plan for redevelopment of that area pursuant to the District of Columbia Redevelopment Act of 1945 (D.C. Code, Sec. 5-801 et seq.). Purchase contract agreements for this area shall be for terms of not less than ten years nor more than thirty years. (b) Authority to exchange lands The Administrator of General Services is authorized to transfer lands of the United States under his control needed by the District of Columbia Redevelopment Land Agency to said Agency within the southwestern portion of the District of Columbia, and in consideration therefor, to accept from said Agency other lands and interests of equivalent value within the same area. (c) Demolition of temporary buildings Whenever the Administrator of General Services initially occupies a building in the southwestern portion of the District of Columbia pursuant to a purchase contract agreement, he shall thereupon cause to be demolished temporary Government building space in the District of Columbia of equivalent occupancy. (d) Authority to negotiate purchase contracts In exercising the authority contained in section 356 of this title within the southwestern portion of the District of Columbia, the Administrator of General Services is authorized, pursuant to section 302(c)(14) (FOOTNOTE 1) of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 252(c)(14)), to negotiate purchase contracts, in accordance with title III of such Act (41 U.S.C. 251 et seq.). In negotiating such contracts, the Administrator shall take all practicable steps to insure competition among prospective contractors. (FOOTNOTE 1) See References in Text note below. -SOURCE- (June 16, 1949, ch. 218, title IV, Sec. 412, as added July 12, 1955, ch. 331, 69 Stat. 297.) -REFTEXT- REFERENCES IN TEXT The District of Columbia Redevelopment Act of 1945, referred to in subsec. (a), is act Aug. 2, 1946, ch. 736, 60 Stat. 790, as amended, which appears in chapter 8 (Sec. 5-801 et seq.) of Title 5, Building Restrictions and Regulations, of the District of Columbia Code. Subsection (c) of section 302 of the Federal Property and Administrative Services Act of 1949, referred to in subsec. (d), was struck out by section 2714(a)(1)(B) of Pub. L. 98-369 and provisions formerly contained in subsection (e) were restated in subsection (c)(1) of section 302 of the 1949 Act. The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Title III of the Federal Property and Administrative Services Act of 1949 is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Provisions of subsecs. (e) and (f) of this section, relating to the five year time limitation from July 22, 1954 for Congressional approval of purchase contract projects within the southwestern portion of the District of Columbia and the required publication in the Federal Register of the prospectus for such a project at the time of submission for Congressional approval, respectively have been omitted. -MISC3- PRIOR PROVISIONS A prior section 412 of act June 16, 1949, was renumbered section 413 and is set out as a note under section 298a of this title. -TRANS- TRANSFER OF FUNCTIONS For transfer of powers, duties, and functions of District of Columbia Land Redevelopment Agency, as set forth in section 5-801 et seq. of the District of Columbia Code, to Director of Department of Housing and Community Development, with certain exceptions, see part 4 of Reorg. Plan No. 3 of 1975, eff. July 3, 1975, 21 DCR 2793, set out in the first volume of the District of Columbia Code. ------DocID 44257 Document 503 of 816------ -CITE- 40 USC Sec. 357 -EXPCITE- TITLE 40 CHAPTER 6 -HEAD- Sec. 357. Effect on Federal construction programs -STATUTE- It is not the intention of the Congress that the program authorized by section 356 of this title shall constitute a substitute for or a replacement of any program for the construction by the United States of such structures as may be required from time to time by the Federal Government. -SOURCE- (July 22, 1954, ch. 560, title I, Sec. 102, 68 Stat. 521.) ------DocID 44258 Document 504 of 816------ -CITE- 40 USC CHAPTER 7 -EXPCITE- TITLE 40 CHAPTER 7 -HEAD- CHAPTER 7 - ACQUISITION OF LAND IN DISTRICT OF COLUMBIA FOR USE OF UNITED STATES BY CONDEMNATION PROCEEDINGS ------DocID 44259 Document 505 of 816------ -CITE- 40 USC Sec. 361 to 386 -EXPCITE- TITLE 40 CHAPTER 7 -HEAD- Sec. 361 to 386. Repealed. Pub. L. 88-241, Sec. 21(b), Dec. 23, 1963, 77 Stat. 627 -MISC1- Section 361, acts Mar. 1, 1929, ch. 416, Sec. 1, 45 Stat. 1415; June 25, 1936, ch. 804, 49 Stat. 1921, related to authorization, purpose, and jurisdiction of condemnation proceedings. Section 362, act Mar. 1, 1929, ch. 416, Sec. 2, 45 Stat. 1415, related to institution of condemnation proceedings, the petition therein and its contents. Section 363, act Mar. 1, 1929, ch. 416, Sec. 3, 45 Stat. 1416, related to citation and notice in condemnation proceedings. Section 364, act Mar. 1, 1929, ch. 416, Sec. 4, 45 Stat. 1416, related to contents of citation in condemnation proceedings. Section 365, act Mar. 1, 1929, ch. 416, Sec. 5, 45 Stat. 1416, related to publication of citation in condemnation proceedings. Section 366, act Mar. 1, 1929, ch. 416, Sec. 6, 45 Stat. 1416, related to service of citation in condemnation proceedings. Section 367, act Mar. 1, 1929, ch. 416, Sec. 7, 45 Stat. 1416, related to default in appearance in condemnation proceedings. Section 368, act Mar. 1, 1929, ch. 416, Sec. 8, 45 Stat. 1416, related to appearance of interested persons at any stage of condemnation proceedings. Section 369, act Mar. 1, 1929, ch. 416, Sec. 9, 45 Stat. 1417, related to guardians ad litem in condemnation proceedings. Section 370, act Mar. 1, 1929, ch. 416, Sec. 10, 45 Stat. 1417, related to vesting of title and right to compensation in condemnation proceedings. Section 371, acts Mar. 1, 1929, ch. 416, Sec. 11, 45 Stat. 1418; June 25, 1936, ch. 804, 49 Stat. 1921, related to setting date for trial and selection of jury in condemnation proceedings. Section 372, act Mar. 1, 1929, ch. 416, Sec. 12, 45 Stat. 1418, related to oath of juror in condemnation proceedings. Section 373, act Mar. 1, 1929, ch. 416, Sec. 13, 45 Stat. 1418, related to view in condemnation proceedings. Section 374, act Mar. 1, 1929, ch. 416, Sec. 14, 45 Stat. 1418, related to trial of condemnation proceedings. Section 375, act Mar. 1, 1929, ch. 416, Sec. 15, 45 Stat. 1419, related to verdict in condemnation proceedings. Section 376, act Mar. 1, 1929, ch. 416, Sec. 16, 45 Stat. 1419, related to setting aside condemnation verdict. Section 377, act Mar. 1, 1929, ch. 416, Sec. 17, 45 Stat. 1419, related to proceedings after condemnation verdict. Section 378, act Mar. 1, 1929, ch. 416, Sec. 18, 45 Stat. 1420, related to judgment in condemnation proceedings. Section 379, act Mar. 1, 1929, ch. 416, Sec. 19, 45 Stat. 1420, related to payment of judgment in condemnation proceedings. Section 380, acts Mar. 1, 1929, ch. 416, Sec. 20, 45 Stat. 1420; June 7, 1934, ch. 426, 48 Stat. 926, related to appeal in condemnation proceedings. Section 381, act Mar. 1, 1929, ch. 416, Sec. 21, 45 Stat. 1420, related to payment of compensation into court in condemnation proceedings. Section 382, act Mar. 1, 1929, ch. 416, Sec. 22, 45 Stat. 1421, related to delivery of possession in condemnation proceedings. Section 383, act Mar. 1, 1929, ch. 416, Sec. 23, 45 Stat. 1421, related to amendments in condemnation proceedings. Section 384, act Mar. 1, 1929, ch. 416, Sec. 24, 45 Stat. 1421, related to general provisions in condemnation proceedings. Section 385, acts Jan. 31, 1928, ch. 14, Sec. 1, 45 Stat. 54; Mar. 1, 1929, ch. 416, Sec. 25, 45 Stat. 1421; June 7, 1934, ch. 426, 48 Stat. 926; June 25, 1936, ch. 804, 49 Stat. 1921, related to provisions for saving pending condemnation proceedings. Section 386, act Mar. 1, 1929, ch. 416, Sec. 26, 45 Stat. 1422, related to condemnation proceedings on behalf of the District of Columbia as not affected by this chapter. For subject matter of these sections, see chapter 13 (Sec. 16-1301 et seq.) of Title 16, Particular Actions, Proceedings and Matters, of the District of Columbia Code. ------DocID 44260 Document 506 of 816------ -CITE- 40 USC CHAPTER 8 -EXPCITE- TITLE 40 CHAPTER 8 -HEAD- CHAPTER 8 - EMERGENCY PUBLIC WORKS AND CONSTRUCTION PROJECTS -MISC1- SUBCHAPTER I - FEDERAL EMERGENCY ADMINISTRATION Sec. 401 to 414. Repealed or Omitted. SUBCHAPTER II - SLUM CLEARANCE AND LOW COST HOUSING PROJECTS 421. Jurisdiction of State or political subdivision; civil rights under local law preserved. 422. Payments to State or political subdivision in lieu of taxes; amount. 423. Payments in lieu of taxes from receipts from projects. 424. Rentals; families acceptable as tenants. 425. Dedications and grants in connection with projects. SUBCHAPTER III - RESETTLEMENT OR RURAL REHABILITATION PROJECTS 431 to 444. Repealed or Omitted. ------DocID 44261 Document 507 of 816------ -CITE- 40 USC SUBCHAPTER I -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER I -HEAD- SUBCHAPTER I - FEDERAL EMERGENCY ADMINISTRATION ------DocID 44262 Document 508 of 816------ -CITE- 40 USC Sec. 401 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 401. Repealed. Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 648 -MISC1- Section, act June 16, 1933, ch. 90, title II, Sec. 201, 48 Stat. 200, related to establishment of Federal Emergency Administration of Public Works. ------DocID 44263 Document 509 of 816------ -CITE- 40 USC Sec. 402 to 411a -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 402 to 411a. Omitted -COD- CODIFICATION Section 402, act June 16, 1933, ch. 90, title II, Sec. 202, 48 Stat. 201, relating to preparation and contents of public works program, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 403, act June 16, 1933, ch. 90, title II, Sec. 203, 48 Stat. 202, relating to financing of public works, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 404, act June 16, 1933, ch. 90, title II, Sec. 204, 48 Stat. 203, relating to emergency construction of public highways, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 405, act June 16, 1933, ch. 90, title II, Sec. 205, 48 Stat. 204, related to allotment of funds for particular highways. Section 406, act June 16, 1933, ch. 90, title II, Sec. 206, 48 Stat. 204, relating to use of convict labor in public works projects, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 407, act June 16, 1933, ch. 90, title II, Sec. 207, 48 Stat. 205, relating to assignments by contractors, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 408, act June 16, 1933, ch. 90, title II, Sec. 208, 48 Stat. 205, relating to subsistence homesteads, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 409, act June 16, 1933, ch. 90, title II, Sec. 209, 48 Stat. 206, relating to prescription of rules and regulations for public works projects, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 410, act June 16, 1933, ch. 90, title II, Sec. 210, 48 Stat. 206, relating to issuance of securities by Secretary of the Treasury, terminated by terms of act June 21, 1938, ch. 554, title II, Sec. 201, 52 Stat. 816, as amended by acts June 27, 1940, ch. 437, 54 Stat. 633; Apr. 5, 1941, ch. 40, 55 Stat. 110; June 27, 1942, ch. 450, 56 Stat. 410, on June 30, 1943. Section 411, act June 16, 1933, ch. 90, title II, Sec. 220, 48 Stat. 210, related to appropriations for public works programs. Section 411a, act Feb. 15, 1934, ch. 13, 48 Stat. 351, provided for an additional appropriation for expenditure for purposes of section 721 et seq. of Title 15, Commerce and Trade, and this chapter. -MISC3- REPEALS Act June 16, 1933, ch. 90, title II, Sec. 201, 48 Stat. 200, formerly classified to sections 401 and 411 of this title, was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 648. ------DocID 44264 Document 510 of 816------ -CITE- 40 USC Sec. 412 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 412. Repealed. June 30, 1947, ch. 166, title II, Sec. 206(g), 61 Stat. 208 -MISC1- Section, acts June 16, 1933, ch. 90, title III, Sec. 301, 48 Stat. 210; June 19, 1934, ch. 653, Sec. 9, 48 Stat. 1110, provided a limitation on approval of applications for loans by the former Reconstruction Finance Corporation under section 605b of Title 15, Commerce and Trade, and also provided no disbursements should be made under any such loan after January 23, 1939. ------DocID 44265 Document 511 of 816------ -CITE- 40 USC Sec. 413, 414 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER I -HEAD- Sec. 413, 414. Omitted -COD- CODIFICATION Section 413, act June 16, 1933, ch. 90, title III, Sec. 303, 48 Stat. 41, related to separability. Section 414, act June 16, 1933, ch. 90, title III, Sec. 304, 48 Stat. 41, provided the short title of this chapter. ------DocID 44266 Document 512 of 816------ -CITE- 40 USC SUBCHAPTER II -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER II -HEAD- SUBCHAPTER II - SLUM CLEARANCE AND LOW COST HOUSING PROJECTS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 42 section 1427. ------DocID 44267 Document 513 of 816------ -CITE- 40 USC Sec. 421 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 421. Jurisdiction of State or political subdivision; civil rights under local law preserved -STATUTE- The acquisition by the United States of any real property in connection with any low-cost housing, or slum-clearance project constructed with funds allotted to the Administrator of General Services pursuant to any law, shall not be held to deprive any State or political subdivision thereof of its civil and criminal jurisdiction in and over such property, or to impair the civil rights under the local law of the tenants or inhabitants on such property; and insofar as any such jurisdiction has been taken away from any such State or subdivision, or any such rights have been impaired, jurisdiction over any such property is ceded back to such State or subdivision. -SOURCE- (June 29, 1936, ch. 860, Sec. 1, 49 Stat. 2025; 1939 Reorg. Plan No. I, Sec. 301, 305, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; Ex. Ord. No. 9357, eff. June 30, 1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Federal Emergency Administration of Public Works consolidated into Federal Works Agency to be administered by Public Works Administration by Reorg. Plan No. I of 1939. Functions of Public Works Administration and Commissioner of Public Works in Federal Works Agency transferred to Federal Works Administrator by Ex. Ord. No. 9357. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 423, 424, 425 of this title. ------DocID 44268 Document 514 of 816------ -CITE- 40 USC Sec. 422 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 422. Payments to State or political subdivision in lieu of taxes; amount -STATUTE- Upon the request of any State or political subdivision in which any such project has been or will be constructed, the Administrator of General Services is authorized to enter into an agreement, and to consent to the renewal or alteration thereof, with such State or subdivisions for the payment by the United States of sums in lieu of taxes. Such sums shall be fixed in such agreement and shall be based upon the cost of the public or municipal services to be supplied for the benefit of such project or the persons residing on or occupying such premises, but taking into consideration the benefits to be derived by such State or subdivision from such project. -SOURCE- (June 29, 1936, ch. 860, Sec. 2, 49 Stat. 2026; 1939 Reorg. Plan No. I, Sec. 301, 305, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; Ex. Ord. No. 9357, eff. June 30, 1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Federal Emergency Administration of Public Works consolidated into Federal Works Agency to be administered by Public Works Administration by Reorg. Plan No. 1 of 1939. Functions of Public Works Administration and Commissioner of Public Works in Federal Works Agency transferred to Federal Works Administrator by Ex. Ord. No. 9357. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44269 Document 515 of 816------ -CITE- 40 USC Sec. 423 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 423. Payments in lieu of taxes from receipts from projects -STATUTE- Such payments in lieu of taxes, and any other expenditures for operation and maintenance (including insurance) of any low-cost housing or slum-clearance project described in section 421 of this title, shall be made out of the receipts derived from the operation of such projects. To provide for such payments and expenditures the Administrator of General Services is authorized from time to time to retain out of such receipts such sums as he may estimate to be necessary for such purposes. -SOURCE- (June 29, 1936, ch. 860, Sec. 3, 49 Stat. 2026; 1939 Reorg. Plan No. I, Sec. 301, 305, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; Ex. Ord. No. 9357, eff. June 30, 1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Federal Emergency Administration of Public Works consolidated into Federal Works Agency to be administered by Public Works Administration by Reorg. Plan No. 1 of 1939. Functions of Public Works Administration and Commissioner of Public Works in Federal Works Agency transferred to Federal Works Administrator by Ex. Ord. No. 9357. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44270 Document 516 of 816------ -CITE- 40 USC Sec. 424 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 424. Rentals; families acceptable as tenants -STATUTE- (a) In the administration of any low-cost housing or slum-clearance project described in section 421 of this title, the Administrator of General Services shall fix the rentals at an amount at least sufficient to pay (1) all necessary and proper administrative expenses of the project; (2) such sums as will suffice to repay, within a period not exceeding sixty years, at least 55 per centum of the initial cost of the project, together with interest at such rate as he deems advisable. (b) Dwelling accommodations in such low-cost housing or slum-clearance projects shall be available only to families who lack sufficient income, without the benefit of financial assistance, to enable them to live in decent, safe, and sanitary dwellings and under other than overcrowded housing conditions: Provided, That no family shall be accepted as a tenant in any such project whose aggregate income exceeds five times the rental of the quarters to be furnished such family. The term 'rental' as used in this subsection includes the average cost (as determined by the Administrator of General Services) of heat, light, water, and cooking, where such services are not supplied by the lessor and included in the rent. -SOURCE- (June 29, 1936, ch. 860, Sec. 4, 49 Stat. 2026; 1939 Reorg. Plan No. I, Sec. 301, 305, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; Ex. Ord. No. 9357, eff. June 30, 1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Federal Emergency Administration of Public Works consolidated into Federal Works Agency to be administered by Public Works Administration by Reorg. Plan No. I of 1939. Functions of Public Works Administration and Commissioner of Public Works Agency transferred to Federal Works Administrator by Ex. Ord. No. 9357. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44271 Document 517 of 816------ -CITE- 40 USC Sec. 425 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER II -HEAD- Sec. 425. Dedications and grants in connection with projects -STATUTE- In connection with any low-cost housing or slum-clearance project described in section 421 of this title, the Administrator of General Services, with the approval of the Housing and Home Finance Administrator, is authorized to dedicate streets, alleys, and parks for public use, and to grant easements. -SOURCE- (June 29, 1936, ch. 860, Sec. 5, 49 Stat. 2026; 1939 Reorg. Plan No. I, Sec. 301, 305, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; Ex. Ord. No. 9357, eff. June 30, 1943, 8 F.R. 9041; June 30, 1949, ch. 288, title I, Sec. 103(a), 63 Stat. 380; Ex. Ord. No. 11196, Sec. 1(5), eff. Feb. 2, 1965, 30 F.R. 1171.) -TRANS- TRANSFER OF FUNCTIONS Functions of Federal Works Agency and of all agencies thereof, together with functions of Federal Works Administrator transferred to Administrator of General Services by section 103(a) of act June 30, 1949, which is classified to section 753(a) of this title. Federal Works Agency and office of Federal Works Administrator abolished by section 103(b) of act June 30, 1949. Federal Emergency Administration of Public Works consolidated into Federal Works Agency to be administered by Public Works Administration by Reorg. Plan No. 1 of 1939. Functions of Public Works Administration and Commissioner of Public Works Agency transferred to Federal Works Administrator by Ex. Ord. No. 9357. EFFECTIVE DATE OF TRANSFER OF FUNCTIONS Transfer of functions by act June 30, 1949, effective July 1, 1949, see section 605 of act June 30, 1949, set out as an Effective Date note under section 471 of this title. ------DocID 44272 Document 518 of 816------ -CITE- 40 USC SUBCHAPTER III -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER III -HEAD- SUBCHAPTER III - RESETTLEMENT OR RURAL REHABILITATION PROJECTS ------DocID 44273 Document 519 of 816------ -CITE- 40 USC Sec. 431 to 434 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER III -HEAD- Sec. 431 to 434. Repealed. Aug. 14, 1946, ch. 964, Sec. 2(a)(1), 60 Stat. 1062 -MISC1- Section 431, act June 29, 1936, ch. 868, Sec. 1, 49 Stat. 2035, related to jurisdiction of State or political subdivisions subsequent to acquisition by United States of any real property for resettlement or rural rehabilitation projects. Section 432, act June 29, 1936, ch. 868, Sec. 2, 49 Stat. 2036, related to certain payments to State or political subdivisions in lieu of taxes. Section 433, act June 29, 1936, ch. 868, Sec. 3, 49 Stat. 2036, related to payment in lieu of taxes from appropriations for and receipts from projects. Section 434, act June 29, 1936, ch. 868, Sec. 4, 49 Stat. 2036, related to dedications and grants in connection with projects. REVOLVING FUND Establishment of revolving fund under which to account for assets and liabilities in connection with subsistence homesteads under these sections, see section 1701g-5 of Title 12, Banks and Banking. ------DocID 44274 Document 520 of 816------ -CITE- 40 USC Sec. 435 to 444 -EXPCITE- TITLE 40 CHAPTER 8 SUBCHAPTER III -HEAD- Sec. 435 to 444. Omitted -COD- CODIFICATION Section 435, act June 22, 1946, ch. 445, 60 Stat. 292, which required Secretary of Agriculture to transmit to Congress semiannually a progress report on liquidation of rural rehabilitation projects, was from the Department of Agriculture Appropriation Act, 1947, and was not repeated in subsequent appropriation acts. Similar provisions were contained in the following prior appropriation acts: May 5, 1945, ch. 109, 59 Stat. 160. June 28, 1944, ch. 296, 58 Stat. 456. July 12, 1943, ch. 215, 57 Stat. 425. Section 436, act July 30, 1946, ch. 698, Sec. 1, 60 Stat. 711, authorized Secretary of Agriculture, for a period not to exceed three years from July 30, 1946, to dispose of lands comprising or incident to resettlement and rural rehabilitation projects. Section 437, act July 30, 1946, ch. 698, Sec. 2, 60 Stat. 711, authorized Secretary to sell units not to exceed 640 acres in any one sale at the earning capacity value as determined by him. Section 438, act July 30, 1946, ch. 698, Sec. 3, 60 Stat. 711, authorized appropriations to carry out purposes of sections 436 to 438 of this title. Section 439, act July 30, 1946, ch. 698, Sec. 4, 60 Stat. 712, provided for conveyance of all of the right, title, and interest of the Government in the project land. Section 440, act May 3, 1950, ch. 152, Sec. 2, 64 Stat. 98, authorized Secretary of Agriculture, within three years from May 3, 1950, to liquidate trusts organized pursuant to transfer agreements with State rural rehabilitation corporations. Section 441, act May 3, 1950, ch. 152, Sec. 3, 64 Stat. 99, authorized liquidation of all properties and assets of State rural rehabilitation corporations held by Federal agencies other than Department of Agriculture. Section 442, act May 3, 1950, ch. 152, Sec. 4, 64 Stat. 100; Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80 Stat. 656, authorized Secretary of Agriculture to employ personnel to aid in liquidation and transfer of properties and assets of rural rehabilitation corporation trusts. Section 8(a) of Pub. L. 89-554 repealed subsecs. (a) and (b) of this section. Section 443, act May 3, 1950, ch. 152, Sec. 5, 64 Stat. 100, restricted use of trust properties and assets held on May 3, 1950, by Secretary. Section 444, act May 3, 1950, ch. 152, Sec. 6, 64 Stat. 100, provided that determination of Secretary of Agriculture with respect to assets to be returned to each State rural rehabilitation corporation shall be final and conclusive upon each corporation. ------DocID 44275 Document 521 of 816------ -CITE- 40 USC CHAPTER 9 -EXPCITE- TITLE 40 CHAPTER 9 -HEAD- CHAPTER 9 - NON-FEDERAL PUBLIC WORKS -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 451 to 459. Omitted or Repealed. SUBCHAPTER II - URBAN AND RURAL PLANNING 460. Urban planning and reserve of planned public works; definitions. 461. Repealed. 462. Reserve of planned public works. (a) Advances for feasibility studies, surveys, designs, plans, etc. (b) Requisites for advances. (c) Repealed. (d) Rules and regulations. (e) Revolving fund. (f) Surveys of public works planning. (g) Forgiveness of outstanding advances; cancellation of contracts respecting repayment of advances. ------DocID 44276 Document 522 of 816------ -CITE- 40 USC SUBCHAPTER I -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 44277 Document 523 of 816------ -CITE- 40 USC Sec. 451 to 455 -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 451 to 455. Omitted -COD- CODIFICATION Section 451, act Oct. 13, 1949, ch. 685, Sec. 1, 63 Stat. 841, authorized the Housing and Home Finance Administrator, during the period of two years immediately following Oct. 13, 1951, to make loans and advances to the States and non-Federal public agencies for advance planning on non-Federal public works. Section 452, act Oct. 13, 1949, ch. 685, Sec. 2, 63 Stat. 841, authorized Housing and Home Finance Administrator to allocate funds appropriated for advance planning among the several States. Section 453, act Oct. 13, 1949, ch. 685, Sec. 3, 63 Stat. 842, provided that no loan or advance shall be made to any individual project unless such project conforms to an over-all State, local, or regional plan approved by a competent State, local, or regional authority. Section 454, act Oct. 13, 1949, ch. 685, Sec. 4, 63 Stat. 842, provided that any loans or advances shall be repaid without any interest if and when construction of the public works is undertaken or started, and that repayment shall be on demand of Administrator if construction is not undertaken or started within three years after full amount of loan or advance has been made. Section 455, act Oct. 13, 1949, ch. 685, Sec. 5, 63 Stat. 842, authorized the Housing and Home Finance Administrator to prescribe rules and regulations to carry out the purposes of sections 451 to 458 of this title. -MISC3- REVOLVING FUND Establishment of revolving fund under which to account for assets and liabilities in connection with loans or advances made pursuant to sections 451 to 458 of this title, see section 1701g-5 of Title 12, Banks and Banking. ------DocID 44278 Document 524 of 816------ -CITE- 40 USC Sec. 456 -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 456. Repealed. Aug. 2, 1954, ch. 649, title VIII, Sec. 802(b), 68 Stat. 642 -MISC1- Section, act Oct. 13, 1949, ch. 685, Sec. 6, 63 Stat. 842, related to reports to Congress. See section 1701o of Title 12, Banks and Banking. ------DocID 44279 Document 525 of 816------ -CITE- 40 USC Sec. 457 to 459 -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER I -HEAD- Sec. 457 to 459. Omitted -COD- CODIFICATION Section 457, act Oct. 13, 1949, ch. 685, Sec. 7, 63 Stat. 842, authorized appropriations not to exceed $100,000,000 to carry out the purposes of sections 451 to 458 of this title. Section 458, act Oct. 13, 1949, ch. 685, Sec. 8, 63 Stat. 842, defined 'State'. Section 459, acts July 30, 1953, ch. 282, title I, Sec. 108, 67 Stat. 231; Aug. 2, 1954, ch. 649, title VIII, Sec. 804, 68 Stat. 643, related to aid in financing projects, under Federal, State or municipal law by Housing and Home Finance Administrator, and terminated at the close of June 30, 1956, except for purposes of liquidation, which should have been completed not more than six months after June 30, 1956. -MISC3- CANCELLATION OF AUTHORIZATION OF APPROPRIATIONS; TRANSFER OF UNOBLIGATED BALANCE; REPAYMENT OF ADVANCES Act June 27, 1956, ch. 452, title II, 70 Stat. 353, canceled authorization for appropriations contained in section 459 of this title, rescinded unobligated balance of revolving fund authorized by said section and provided that it was to be covered into Treasury, and canceled obligation of Administrator of Housing and Home Finance Agency to repay Treasury for advances from said fund, together with interest thereon. ------DocID 44280 Document 526 of 816------ -CITE- 40 USC SUBCHAPTER II -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER II -HEAD- SUBCHAPTER II - URBAN AND RURAL PLANNING -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 12 section 1749d. ------DocID 44281 Document 527 of 816------ -CITE- 40 USC Sec. 460 -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER II -HEAD- Sec. 460. Urban planning and reserve of planned public works; definitions -STATUTE- As used in this subchapter, (1) the term 'State' shall mean any State, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and the Trust Territory of the Pacific Islands; (2) the term 'Secretary' shall mean the Secretary of Housing and Urban Development; (3) the term 'public works' shall include any public works other than housing; and (4) the term 'public agency' or 'public agencies' shall mean any State, as herein defined, or any public agency or political subdivision therein. -SOURCE- (Aug. 2, 1954, ch. 649, title VII, Sec. 703, 68 Stat. 641; May 25, 1967, Pub. L. 90-19, Sec. 10(d), 81 Stat. 22; Aug. 22, 1974, Pub. L. 93-383, title IV, Sec. 401(c), 88 Stat. 691.) -MISC1- AMENDMENTS 1974 - Pub. L. 93-383 inserted reference to Trust Territory of the Pacific Islands in cl. (1). 1967 - Pub. L. 90-19 amended cl. (2) generally. Prior to amendment, cl. (2) defined 'Administrator' as meaning the Housing and Home Finance Administrator. ------DocID 44282 Document 528 of 816------ -CITE- 40 USC Sec. 461 -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER II -HEAD- Sec. 461. Repealed. Pub. L. 97-35, title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398 -MISC1- Section, acts Aug. 2, 1954, ch. 649, title VII, Sec. 701, 68 Stat. 640; Aug. 7, 1956, ch. 1029, title III, Sec. 307(d), 308, 70 Stat. 1102; July 12, 1957, Pub. L. 85-104, title VI Sec. 606, 71 Stat. 305; Sept. 23, 1959, Pub. L. 86-372, title IV, Sec. 419, 73 Stat. 678; May 1, 1961, Pub. L. 87-27, Sec. 15, 75 Stat. 58; June 30, 1961, Pub. L. 87-70, title III, Sec. 310, 75 Stat. 170; Sept. 2, 1964, Pub. L. 88-560, title III, Sec. 314-317, 78 Stat. 792, 793; Mar. 9, 1965, Pub. L. 89-4, title II, Sec. 213, 79 Stat. 17; Aug. 10, 1965, Pub. L. 89-117, title XI, Sec. 1102, 79 Stat. 502; Nov. 3, 1966, Pub. L. 89-754, title IV, Sec. 406, title VI, Sec. 604, title X, Sec. 1008, 80 Stat. 1273, 1279, 1286; May 25, 1967, Pub. L. 90-19, Sec. 10(a), 81 Stat. 22; Oct. 11, 1967, Pub. L. 90-103, title I, Sec. 115, 81 Stat. 262; Aug. 1, 1968, Pub. L. 90-448, title VI, Sec. 601, 82 Stat. 526; Dec. 24, 1969, Pub. L. 91-152, title III, Sec. 302, 83 Stat. 391; Dec. 31, 1970, Pub. L. 91-606, title III, Sec. 301(a), 84 Stat. 1758; Dec. 31, 1970, Pub. L. 91-609, title III, Sec. 302, title VII, Sec. 727(e), 735, 84 Stat. 1780, 1803, 1804; Dec. 22, 1971, Pub. L. 92-213, Sec. 8(a), 85 Stat. 776; July 1, 1972, Pub. L. 92-335, Sec. 4, 86 Stat. 405; Oct. 2, 1973, Pub. L. 93-117, Sec. 11, 87 Stat. 423; May 22, 1974, Pub. L. 93-288, title VI, Sec. 602(a), 88 Stat. 163; Aug. 22, 1974, Pub. L. 93-383, title IV, Sec. 401(a), (b), 88 Stat. 686, 687; Ex. Ord No. 11867, Sec. 3(e), eff. June 19, 1975, 40 F.R. 26253; Ex. Ord. No. 11893, Sec. 1, eff. Dec. 31, 1975, 41 F.R. 1040; Aug. 3, 1976, Pub. L. 94-375, Sec. 16(a), 90 Stat. 1076; Oct 12, 1977, Pub. L. 95-128, title I, Sec. 112, 91 Stat. 1127; Oct. 31, 1978, Pub. L. 95-557, title III, Sec. 304, 92 Stat. 2096; Dec. 21, 1979, Pub. L. 96-153, title I, Sec. 102, 93 Stat. 1101; Oct. 8, 1980, Pub. L. 96-399, title IV, Sec. 401, 94 Stat. 1662, set forth Congressional findings, purposes, definitions, etc., with respect to comprehensive planning contracts and grants. EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 1981, see section 371 of Pub. L. 97-35, set out as an Effective Date note under section 3701 of Title 12, Banks and Banking. ------DocID 44283 Document 529 of 816------ -CITE- 40 USC Sec. 462 -EXPCITE- TITLE 40 CHAPTER 9 SUBCHAPTER II -HEAD- Sec. 462. Reserve of planned public works -STATUTE- (a) Advances for feasibility studies, surveys, designs, plans, etc. In order (1) to encourage municipalities and other 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 such action desirable, and (2) to help attain maximum economy and efficiency in the planning and construction of public works, the Secretary is authorized to make advances to public agencies and Indian tribes (notwithstanding the provisions of section 3324(a) and (b) of title 31) to aid in financing the cost of feasibility studies, engineering and architectural surveys, designs, plans, working drawings, specifications, or other action preliminary to and in preparation for the construction of public works, including, in the case of public works to be constructed in connection with the development of a medical center, a general plan for the development of such center: Provided, That the making of advances hereunder shall not in any way commit the Congress to appropriate funds to assist in financing the construction of any public works so planned: And provided further, That advances outstanding to public agencies and Indian tribes in any one State shall at no time exceed 12 1/2 per centum of the aggregate then authorized to be appropriated to the revolving fund established pursuant to subsection (e) of this section. (b) Requisites for advances No advance shall be made hereunder with respect to any individual project, including a regional or metropolitan or other area-wide project, unless (1) it is planned to be constructed within or over a reasonable period of time considering the nature of the project, (2) it 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 such advance or part thereof when due. (c) Repealed. Pub. L. 100-242, title V, Sec. 524(1), Feb. 5, 1988, 101 Stat. 1939 (d) Rules and regulations The Secretary is authorized to prescribe rules and regulations to carry out the purpose of this section. (e) Revolving fund In order to provide moneys for advances in accordance with this section, the Secretary is hereby authorized to establish a revolving fund which shall comprise (1) all moneys heretofore or hereafter appropriated pursuant to this section, together with all repayments and other receipts heretofore or hereafter received in connection with advances made under this section, and (2) all repayments and other receipts received after June 30, 1964, and all advances (and claims in connection with advances) outstanding as of such date, under title V of the War Mobilization and Reconversion Act of 1944 (58 Stat. 791) (50 App. U.S.C. 1671) and the Act of October 13, 1949 (63 Stat. 841-2) (40 U.S.C. 451 et seq.). There are authorized to be appropriated to such revolving fund, in addition to amounts authorized to be appropriated for the purposes of this section prior to September 2, 1964, such sums not to exceed $70,000,000, as may be necessary to carry out the purposes of this section. (f) Surveys of public works planning The Secretary is authorized to use during any fiscal year not to exceed $100,000 of the moneys in the revolving fund (established under subsection (e) of this section) 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: Provided, That the Secretary, in conducting any such survey, may utilize or act through any Federal department or agency with its consent. (g) Forgiveness of outstanding advances; cancellation of contracts respecting repayment of advances Effective upon February 5, 1988, and in accordance with such accounting and other procedures as the Secretary may prescribe, each advance made by the Secretary under this section that has any principal amount outstanding shall be forgiven. The terms and conditions of any contract, or any amendment to a contract, for such advance with respect to any promise to repay the advance shall be canceled. -SOURCE- (Aug. 2, 1954, ch. 649, title VII, Sec. 702, 68 Stat. 641; Aug. 11, 1955, ch. 783, title I, Sec. 112, 69 Stat. 641; Sept. 23, 1959, Pub. L. 86-372, title VIII, Sec. 801, 73 Stat. 686; June 30, 1961, Pub. L. 87-70, title V, Sec. 502, 75 Stat. 175; Sept. 14, 1962, Pub. L. 87-658, Sec. 6, 76 Stat. 544; Sept. 2, 1964, Pub. L. 88-560, title VI, Sec. 602, 78 Stat. 799; Aug. 10, 1965, Pub. L. 89-117, title XI, Sec. 1104, 79 Stat. 503; May 25, 1967, Pub. L. 90-19, Sec. 10(a), 81 Stat. 22; Aug. 1, 1968, Pub. L. 90-448, title VI, Sec. 607, 82 Stat. 534; Feb. 5, 1988, Pub. L. 100-242, title V, Sec. 524, 101 Stat. 1939.) -REFTEXT- REFERENCES IN TEXT The War Mobilization and Reconversion Act of 1944, referred to in subsec. (e), is act Oct. 3, 1944, ch. 480, 58 Stat. 785, which was classified to section 1651 et seq. of Title 50, Appendix, War and National Defense, and which has been omitted from the Code. Title V of the War Mobilization and Reconversion Act of 1944 was classified to section 1671 of Title 50, Appendix. For complete classification of this Act to the Code, see Tables. Act of October 13, 1949, referred to in subsec. (e), is act Oct. 13, 1949, ch. 685, 63 Stat. 841, as amended, which was classified generally to subchapter I (Sec. 451 et seq.) of chapter 9 of this title, and which has been omitted from the Code. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION In subsec. (a), 'section 3324(a) and (b) of title 31' substituted for 'section 3648 of the Revised Statutes, as amended (31 U.S.C. 529)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-242, Sec. 524(1), struck out subsec. (c) which read as follows: 'Advances under this section to any public agency or Indian tribe shall be repaid without interest by such agency or tribe when the construction of the public works is undertaken or started: Provided, That in the event repayment is not made promptly such unpaid sum shall bear interest at the rate of 4 per centum per annum from the date of the Government's demand for repayment to the date of payment thereof by the public agency or Indian tribe.' Subsec. (g). Pub. L. 100-242, Sec. 524(2), amended subsec. (g) generally. Prior to amendment, subsec. (g) read as follows: 'Notwithstanding any other provision of this section, no advance made under this section for the planning of any public works project shall be required to be repaid if construction of such project is initiated as a result of a grant-in-aid made from an allocation made by the President under the Public Works Acceleration Act.' Subsec. (h). Pub. L. 100-242, Sec. 524(1), struck out subsec. (h) which read as follows: '(1) Notwithstanding any other provision of law, if a public agency or Indian tribe undertakes to construct only a portion of a public work planned with an advance under this section, under title V of the War Mobilization and Reconversion Act of 1944, or under the Act of October 13, 1949, it shall repay only such proportionate amount of the advance relating to the public work as the Secretary determines to be equitable. '(2) The Secretary is authorized to terminate, upon such terms and conditions as he shall deem equitable, all or a portion of the liability for repayment of any advance made under this section, title V of the War Mobilization and Reconversion Act of 1944, or the Act of October 13, 1949. Whenever the Secretary determines that there is no reasonable likelihood that the public work, or a portion of the public work, planned with such advance will be constructed, he may terminate the agreement for the advance. Such determination shall be conclusive and shall be based on standards prescribed by regulations to be issued by the Secretary.' 1968 - Subsec. (a). Pub. L. 90-448 authorized advances for feasibility studies. 1967 - Pub. L. 90-19 substituted 'Secretary' for 'Administrator' wherever appearing in subsecs. (a), (d) to (f), and (h)(1), (2) of this section. 1965 - Subsec. (e). Pub. L. 89-117 substituted '$70,000,000' for '$20,000,000'. 1964 - Subsec. (a). Pub. L. 88-560, Sec. 602(c)(1), (e), inserted 'and Indian tribes' wherever appearing, and authorized, in the case of public works to be constructed in connection with the development of a medical center, aid in financing a general plan for the development of such center. Subsec. (b)(3). Pub. L. 88-560, Sec. 602(c)(2), (f), inserted 'or Indian tribe', and struck out requirement that subsequent to approval and prior to disbursement of any Federal funds for advance planning, the applicant had to establish a separate planning account into which all Federal and applicant funds estimated to be required for plan preparation had to be placed. Subsec. (c). Pub. L. 88-560, Sec. 602(c)(3), (4), inserted references to Indian tribes wherever appearing and struck out proviso 'That if the public agency undertakes to construct only a portion of a planned public work it shall repay such proportionate amount of the advances relating to the public work as the Administrator determines to be equitable.' See subsec. (h) of this section. Subsec. (e). Pub. L. 88-560, Sec. 602(a), provided that repayments and other receipts received after June 30, 1964, and all advances outstanding as of such date, under title V of the War Mobilization and Reconversion Act of 1944, and the Act of October 13, 1949, shall go into the revolving fund, and substituted an authorization of appropriations not to exceed $20,000,000 in addition to amounts authorized prior to Sept. 2, 1964, as may be necessary for the purposes of this section, for an authorization not exceeding $58,000,000 in undisbursed balances in the revolving fund and in advances outstanding for plans with respect to projects which in the determination of the Administrator, could have been undertaken within a reasonable time. Subsec. (f). Pub. L. 88-560, Sec. 602(d), substituted '$100,000' for '$50,000'. Subsec. (h). Pub. L. 88-560, Sec. 602(b), added subsec. (h). 1962 - Subsec. (g). Pub. L. 87-658 added subsec. (g). 1961 - Subsec. (a). Pub. L. 87-70, Sec. 502(1), substituted '12 1/2 per centum' for '10 per centum'. Subsec. (b). Pub. L. 87-70, Sec. 502(2), included regional or metropolitan or other area-wide projects, and substituted 'constructed within or over a reasonable period' for 'constructed within a reasonable period'. Subsec. (e). Pub. L. 87-70, Sec. 502(3), (4), authorized an appropriation of $10,000,000, which may be made available on or after July 1, 1961, and increased the maximum amount of undisbursed balances from $48,000,000 to $58,000,000. 1959 - Subsec. (f). Pub. L. 86-372 added subsec. (f). 1955 - Act Aug. 11, 1955, amended section generally, striking out provisions which authorized the Administrator to make advances only during the three years commencing on July 1, 1954, and inserting provisions requiring construction within a reasonable period of time, authorizing repayment of proportionate amounts of advances, and establishing a revolving fund. REPAYMENT OF CERTAIN PLANNING GRANTS Section 1112 of Pub. L. 89-117 provided that: 'Notwithstanding any other provision of law, no advance made under section 501 of Public Law 458, Seventy-eighth Congress (section 1671 of Title 50, Appendix, War and National Defense); Public Law 352, Eighty-first Congress (sections 451 to 458 of this title); or section 702, Housing Act of 1954, Public Law 560, Eighty-third Congress (this section), for the planning of any public works project shall be required to be repaid if construction of such project has been heretofore or is hereafter initiated as a result of a grant-in-aid made from an allocation made by the President under the Public Works Acceleration Act (see References in Text note set out above).' ADDITIONAL AMOUNTS APPROPRIATED FOR PAYMENT TO REVOLVING FUND Pub. L. 89-128, title I, Aug. 16, 1965, 79 Stat. 532 - $10,000,000. Pub. L. 88-507, title I, Aug. 30, 1964, 78 Stat. 656 - $1,000,000. Pub. L. 88-215, title I, Dec. 19, 1963, 77 Stat. 438 - $2,000,000. Pub. L. 87-741, title I, Oct. 3, 1962, 76 Stat. 729 - $12,000,000. Pub. L. 87-545, title I, July 25, 1962, 76 Stat. 212 - $1,000,000. Pub. L. 87-141, title I, Aug. 17, 1961, 75 Stat. 354 - $7,000,000. Pub. L. 86-626, title I, July 12, 1960, 74 Stat. 435 - $6,000,000. Pub. L. 86-255, title I, Sept. 14, 1959, 73 Stat. 508 - $6,000,000. Pub. L. 85-844, title I, Aug. 28, 1958, 72 Stat. 1070 - $7,000,000. Pub. L. 85-69, title I, June 29, 1957, 71 Stat. 233 - $5,000,000. Act June 27, 1956, ch. 452, title I, 70 Stat. 346 - $7,500,000. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 5153. ------DocID 44284 Document 530 of 816------ -CITE- 40 USC CHAPTER 10 -EXPCITE- TITLE 40 CHAPTER 10 -HEAD- CHAPTER 10 - MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 471. Congressional declaration of policy. 472. Definitions. 473. Applicability of existing procedures. 474. Congress, departments, agencies, corporations, and persons exempted from provisions. 475. Authorization of appropriations; fund transfer authority 476. Sex discrimination prohibited. SUBCHAPTER II - PROPERTY MANAGEMENT 481. Procurement, warehousing, and related activities. (a) Policies and methods of procurement and supply; operation of warehouses. (b) Extension of services to Federal agencies and mixed ownership corporations and the District of Columbia. (c) Exchange or sale of similar items. (d) Utilization of services by executive agencies without reimbursement or transfer of funds. (e) Exchange or transfer of excess property. 482. Clarification of status of Architect of Capitol under this chapter. 483. Property utilization. (a) Policies and methods; transfer of excess property among Federal agencies and other organizations; transfer of real property located in Indian reservations to the Secretary of the Interior. (b) Duties of executive agencies. (c) Additional duties of executive agencies. (d) Acquisition of excess personal property by Federal agencies for grantees prohibited; exceptions. (e) Annual report by executive agencies to Administrator on excess personal property furnished to recipient other than a Federal agency; acquisition, identification, and disposition; report by Administrator to Congress. (f) Repealed. (g) Temporary assignment of excess real property space. (h) Abandonment, destruction, or donation of property. 483a. Repealed. 483b. Utilization of excess furniture. 483c. Excess personal property held by grantee of Federal agency; certification of authorized use; title to grantee; re-transfer of property used for unauthorized purpose. 483d. Dredge vessel disposal. 484. Disposal of surplus property. (a) Supervision and direction. (b) Care and handling. (c) Method of disposition. (d) Validity of deed, bill of sale, lease, etc. (e) Bids for disposal; advertising; procedure; disposal by negotiation; explanatory statement. (f) Contractor inventories. (g) Agricultural commodities, foods, and cotton or woolen goods. (h) Transfer to Department of Agriculture for price support or stabilization reasons; deposit of receipts; limitation on sale of surplus farm commodities. (i) Vessels; laws governing sales. (j) Transfers for donation of property to State agencies; State plan of operation; 'public agency' and 'State' defined. (k) Disposals by Secretary of Education, Secretary of Health and Human Services, Secretary of the Interior, and Secretary of Defense. (l) Donations to American Red Cross. (m) Possession of abandoned or unclaimed property on Government premises; disposal; claims by former owners. (n) Cooperative agreements with State agencies. (o) Annual reports to Congress and to Administrator by agencies disposing of property; biennial reports to Congress by Administrator; copies to Comptroller General. (p) Transfer or conveyance of property for correctional facility use; consideration-free transfers; reimbursement for interim transfers; reversion option; terms and conditions. 484-1. Transfer of miscellaneous books to District Public Library. 484a. Omitted. 484b. Transfer of surplus real property to Secretary of Housing and Urban Development for sale or lease; notice of proposed disposition; prerequisites; sale price; undertaking to insure proper use of property; reversion. 484c. Transfer of personnel and other resources from Department of Health, Education, and Welfare to General Services Administration by Director of Office of Management and Budget. 484d. Donation of forfeited vessels. (a) Eligible institutions; certification. (b) Terms and conditions. (c) United States liability. 485. Proceeds from transfer, sale, etc., of property. (a) Disposition of receipts. (b) Deposit of proceeds from sales; use; report. (c) Credit to reimbursable fund or appropriation on certain transactions. (d) Special account deposits. (e) Sale proceeds offset against price or cost of contractor's work. (f) Acceptance of property in lieu of cash. (g) Management of credit, leases, and permits on property. (h) Property under control of a military department. 485a. Payment of expenses of sales from proceeds. 486. Policies, regulations, and delegations. (a) Promulgation by President. (b) Accounting principles and standards. (c) Regulations by Administrator. (d) Delegation and redelegation of authority by Administrator; exceptions. (e) Delegation of functions by Administrator. (f) Transfer of personnel, property, funds, etc., to agency receiving delegated functions. (g) Establishment of advisory committees; compensation; expenses. (h) Consultations between Administrator and Federal agencies. (i) Administration of oaths by certain officers and employees. 487. Surveys of Government property and management practices. (a) Authorization for surveys, inventory levels, supply catalog system and standardized forms and procedures. (b) Utilization by Federal agencies of supply catalog system and standardized forms and procedures. (c) Audit of property accounts by General Accounting Office. 488. Disposal of property. (a) Advice of Attorney General with respect to antitrust laws. (b) Request by Attorney General for information. (c) Applicability of provisions. (d) Provisions held not to impair, amend, etc., antitrust laws. 489. Civil remedies and penalties. (a) Immunity of officers or employees of Government. (b) Fraudulent tricks, schemes or devices. (c) Jurisdiction and venue. (d) Additional remedies. 490. Operation of buildings and related activities by Administrator. (a) General duties. (b) Buildings owned by United States. (c) Acquisition of land; surveys; construction services. (d) Transfer of functions. (e) Assignment and reassignment of space. (f) Fund for real property management and related activities; establishment; deposit of revenues and collections; merger of unexpended balances; assumption of liabilities, obligations, and commitments; appropriation of advances; special services. (g) Office furniture; movement and supply. (h) Lease agreements for periods not exceeding twenty years. (i) Installation, repair, and replacement of sidewalks. (j) Charges for space and services furnished by Administrator; determination of rates; exemption from charges. (k) Charges for space and services furnished by executive agencies; approval of rates by Administrator; credit to appropriation or fund. 490a. Transfer of moneys in section 490(f) fund into special account. 490a-1. Use of resources of Federal Buildings Fund to repay GSA borrowings from Federal Financing Bank. 490b. Child care services for Federal employees in Federal buildings; allotment of space; conditions; charges for rent or services; payment of costs; 'services' defined. 490c. Guards, elevator operators, messengers, and custodians; restriction on contract for services; exception. 490d. Funds for payment of rent available for lease of buildings on land owned by United States. 490e. Fiscal year limitation on obligations of funds for lease. 490f. Lease space rent rates and payments; appropriations. 491. Motor vehicle pools and transportation systems. (a) Establishment. (b) Determinations by Administrator. (c) Regulation. (d) Payment of costs; fixing of prices. (e) Justification for each vehicle pool and system. (f) Maintenance records; discontinuance of vehicle pool or system. (g) Reimbursement for equipment. (h) Additions to General Supply Fund capital. (i) Scrip, tokens, tickets. (j) Operating regulations. (k) Identification of vehicles. (l) Violations. 492. Reports to Congress. 493. Repealed. SUBCHAPTER III - FOREIGN EXCESS PROPERTY 511. Disposal of foreign excess property; agency responsibility; foreign policy controlling; use of foreign currencies and credits; duties of State Department. 512. Methods and terms of disposal. (a) Authority of executive agency. (b) Donation of medical supplies. (c) Return of foreign excess property; determination of interest of the United States; costs. 513. Proceeds from disposals; foreign currencies; United States currency; disposition. 514. General provisions. (a) Promulgation of policies. (b) Delegation of authority. (c) Employment of personnel. (d) Transfer of functions. SUBCHAPTER IV - RECONSTRUCTION FINANCE CORPORATION PROPERTY 521 to 524. Repealed. SUBCHAPTER V - URBAN LAND UTILIZATION 531. Declaration of purpose and policy. 532. Disposal of urban lands. 533. Acquisition or change of use of real property. 534. Waiver of procedures for disposal of urban lands, acquisition or change of use of real property. 535. Definitions. SUBCHAPTER VI - SELECTION OF ARCHITECTS AND ENGINEERS 541. Definitions. 542. Congressional declaration of policy. 543. Requests for data on architectural and engineering services. 544. Negotiation of contracts for architectural and engineering services. (a) Negotiation with highest qualified firm. (b) Negotiation with second and third, etc., most qualified firms. (c) Selection of additional firms in event of failure of negotiation with selected firms. ------DocID 44285 Document 531 of 816------ -CITE- 40 USC SUBCHAPTER I -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 758 of this title. ------DocID 44286 Document 532 of 816------ -CITE- 40 USC Sec. 471 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- Sec. 471. Congressional declaration of policy -STATUTE- It is the intent of the Congress in enacting this legislation to provide for the Government an economical and efficient system for (a) the procurement and supply of personal property and nonpersonal services, including related functions such as contracting, inspection, storage, issue, specifications, property 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; (b) the utilization of available property; (c) the disposal of surplus property; and (d) records management. -SOURCE- (June 30, 1949, ch. 288, Sec. 2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, Sec. 1, 68 Stat. 1126.) -REFTEXT- REFERENCES IN TEXT This legislation, referred to in text, means the Federal Property and Administrative Services Act of 1949, as amended. For complete classification of this Act to the Code, see Short Title note below. -COD- CODIFICATION Section was formerly classified to section 201 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1954 - Act Sept. 1, 1954, extended section to cover establishment of motor vehicle pools and transportation systems for Government personnel and property. EFFECTIVE DATE Section 605, formerly Sec. 505, of act June 30, 1949, renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583, provided that: 'This Act (see Short Title note below) shall become effective on July 1, 1949, except that the provisions of section 602(a)(2) (repealing prior law relating to the disposition of the affairs of the War Assets Administration) (repealing note set out under section 1614a of the Appendix to Title 50, War and National Defense) shall become effective on June 30, 1949.' SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-612, Sec. 1, Nov. 5, 1988, 102 Stat. 3180, provided that: 'This Act (amending sections 481, 484, 485, and 488 of this title and repealing section 493 of this title) may be cited as the 'Federal Property Management Improvement Act of 1988'.' SHORT TITLE Section 1 of act June 30, 1949, provided: 'That this Act may be cited as the 'Federal Property and Administrative Services Act of 1949'.' The Act is classified to the Code generally as follows: Sections 2 and 3 classified to sections 471 and 472 of this title. Title I classified principally to chapter 16 (Sec. 751 et seq.) of this title. Title II classified principally to subchapter II (Sec. 481 et seq.) of this chapter. Title III classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. Title IV classified generally to subchapter III (Sec. 511 et seq.) of this chapter. Title V was classified generally to chapter 11 (Sec. 392 et seq.) of former Title 44, Public Printing and Documents, prior to the general revision and enactment of Title 44 by Pub. L. 90-620, Sec. 1, Oct. 22, 1968, 82 Stat. 1238. The subject matter of title V is covered by chapter 21 (Sec. 2101 et seq.), chapter 25 (Sec. 2501 et seq.), chapter 27 (Sec. 2701 et seq.), chapter 29 (Sec. 2901 et seq.), and chapter 31 (Sec. 3101 et seq.) of Title 44. Title VI classified principally to subchapter I (Sec. 471 et seq.) of this chapter. Title VII classified generally to subchapter IV (Sec. 521 et seq.) of this chapter. Title VIII classified generally to subchapter V (Sec. 531 et seq.) of this chapter. Title IX classified generally to subchapter VI (Sec. 541 et seq.) of this chapter. For complete classification of this Act to the Code, see Tables. Title VIII of act June 30, 1949, which is classified to subchapter V (Sec. 531 et seq.) of this chapter, is known as the 'Federal Urban Land-Use Act', see Short Title note set out under section 531 of this title. Title IX of act June 30, 1949, which is classified to subchapter VI (Sec. 541 et seq.) of this chapter, is popularly known as the 'Brooks Architect-Engineers Act'. SEPARABILITY Section 604, formerly Sec. 504, of act June 30, 1949, renumbered by act Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583, provided that: 'If any provision of this Act (see Short Title note above), or the application thereof to any person or circumstances, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.' -SECREF- ACT REFERRED TO IN OTHER SECTIONS The Federal Property and Administrative Services Act of 1949 is referred to in sections 304, 311b, 472 to 476, 482, 483b to 484-1, 484d, 485, 485a, 486, 488, 489, 492, 605, 751, 752, 754 to 756, 758, 759 of this title; title 5 section 7342; title 7 sections 15b, 55, 79, 473a, 1736a, 5922; title 10 sections 2676, 2691, 7305, 9441, 9781; title 12 sections 1701z, 1701z-2, 1788; title 14 sections 92, 93, 641; title 15 sections 205f, 714b; title 16 sections 1a-2, 79c, 160b, 396f, 410r-6, 430a-2, 430h-7, 441l-5, 460m-9, 460x-7, 460bb-2, 460ee, 460ff-1, 460hh-1, 505a, 590q-1, 793, 2106; title 20 section 3475; title 22 sections 277d-36, 277e, 2358, 2581, 2713, 2876, 5422; title 25 sections 190, 293; title 30 section 4; title 33 section 578; title 41 sections 254, 405; title 42 sections 1592a, 1592d, 2201, 2473, 4638, 5919; title 43 sections 1702, 1736; title 44 section 311; title 45 section 1212; title 48 section 1685; title 49 App. sections 1344, 2433; title 50 sections 167a, 415, 1651; title 50 App. sections 2281, 2393. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 491 of this title. ------DocID 44287 Document 533 of 816------ -CITE- 40 USC Sec. 472 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- Sec. 472. Definitions -STATUTE- As used in titles I through VI of this Act - (a) The term 'executive agency' means any executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation. (b) The term 'Federal agency' means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction). (c) The term 'Administrator' means the Administrator of General Services provided for in chapter 16 of this title. (d) The term 'property' means any interest in property except (1) the public domain; lands reserved or dedicated for national forest or national park purposes; minerals in lands or portions of lands 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 lands withdrawn or reserved from the public domain except lands or portions of lands so withdrawn or reserved which the Secretary of the Interior, 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 such lands are substantially changed in character by improvements or otherwise; (2) naval vessels of the following categories: Battleships, cruisers, aircraft carriers, destroyers, and submarines; and (3) records of the Federal Government. (e) The term 'excess property' means any property under the control of any Federal agency which is not required for its needs and the discharge of its responsibilities, as determined by the head thereof. (f) The term 'foreign excess property' means any excess property located outside the States of the Union, the District of Columbia, Puerto Rico, American Samoa, Guam, the Trust Territory of the Pacific Islands, and the Virgin Islands. (g) The term 'surplus property' means any excess property not required for the needs and the discharge of the responsibilities of all Federal agencies, as determined by the Administrator. (h) The term 'care and handling' includes completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property, and, in the case of property which is dangerous to public health or safety, destroying or rendering innocuous such property. (i) The term 'person' includes any corporation, partnership, firm, association, trust, estate, or other entity. (j) The term 'nonpersonal services' means such contractual services, other than personal and professional services, as the Administrator shall designate. (k) The term 'contractor inventory' means (1) any property acquired by and in the possession of a contractor or subcontractor under a contract pursuant to the terms of which title is vested in the Government, and in excess of the amounts needed to complete full performance under the entire contract; and (2) any property which the Government is obligated or has the option to take over under any type of contract as a result either of any changes in the specifications or plans thereunder or of the termination of such contract (or subcontract thereunder), prior to completion of the work, for the convenience or at the option of the Government. (l) The term 'motor vehicle' means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, exclusive of any 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 any 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. -SOURCE- (June 30, 1949, ch. 288, Sec. 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, Sec. 7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, Sec. 1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, Sec. 4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, Sec. 2, 69 Stat. 722; Feb. 28, 1958, Pub. L. 85-337, Sec. 5, 72 Stat. 29; June 25, 1959, Pub. L. 86-70, Sec. 30(a), 73 Stat. 148; July 12, 1960, Pub. L. 86-624, Sec. 27(a), 74 Stat. 418; Jan. 2, 1975, Pub. L. 93-594, 88 Stat. 1926.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in the opening par., is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For classification of titles I through VI of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. Chapter 16 (Sec. 751 et seq.) of this title, referred to in par. (c), was in the original a reference to 'title I hereof'. The mining laws, referred to in subsec. (d), are classified generally to Title 30, Mineral Lands and Mining. The mineral leasing laws, referred to in subsec. (d), have been defined for certain purposes in sections 351, 505, 530, and 541e of Title 30. The public-land laws, referred to in subsec. (d), are classified generally to Title 43, Public Lands. -COD- CODIFICATION Section was formerly classified to section 202 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1975 - Subsec. (f). Pub. L. 93-594 inserted 'American Samoa, Guam, the Trust Territory of the Pacific Islands' after 'Puerto Rico'. 1960 - Subsec. (f). Pub. L. 86-624 substituted 'States of the Union, the District of Columbia' for 'continental United States (including Alaska), Hawaii'. 1959 - Subsec. (f). Pub. L. 86-70 substituted '(including Alaska), Hawaii,' for ', Hawaii, Alaska,'. 1958 - Subsec. (d). Pub. L. 85-337 included within definition of property minerals in lands or portions of lands withdrawn or reserved from the public domain which it is determined are suitable for disposition under the public land mining and mineral leasing laws, and excepted lands or portions of lands withdrawn or reserved which it is determined are not suitable for return to the public domain because such lands are substantially changed in character by improvements or otherwise. 1955 - Act Aug. 12, 1955, inserted 'titles I through VI of' after 'As used in'. 1954 - Subsec. (l). Act Sept. 1, 1954, added subsec. (l). 1952 - Subsec. (d). Act July 12, 1952, Sec. 1(a), enlarged definition of 'public domain' by inserting provisions contained in parenthesis. Subsec. (k). Act July 12, 1952, Sec. 1(b), inserted 'or has the option' after 'obligated'. 1950 - Subsec. (b). Act Sept. 5, 1950, Sec. 8(a), redefined 'Federal agency'. Subsec. (d). Act Sept. 5, 1950, Sec. 7(a), struck out 'and' before 'clause (2)' and substituted a semicolon for the period at end thereof, and added cl. (3). REPEAL OF INCONSISTENT LAWS Section 11 of act Sept. 5, 1950, provided that: 'All laws or parts of laws in conflict with the provisions of this Act (act Sept. 5, 1950) or with any amendment made thereby are, to the extent of such conflict, hereby repealed.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 762 of this title; title 10 section 2667; title 15 section 278g-3; title 20 section 3479; title 31 section 3551; title 41 sections 10c, 423; title 42 sections 7259, 11411; title 43 section 1702; title 44 section 2901; title 50 section 167a. ------DocID 44288 Document 534 of 816------ -CITE- 40 USC Sec. 473 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- Sec. 473. Applicability of existing procedures -STATUTE- All policies, procedures, and directives prescribed - (a) by either the Director, Bureau of Federal Supply, or the Secretary of the Treasury and relating to any function transferred to or vested in the Administrator, by the provisions of this Act; (b) by any officer of the Government under the authority of the Surplus Property Act of 1944, as amended, or under other authority with respect to surplus property or foreign excess property; (c) by or under authority of the Federal Works Administrator or the head of any constituent agency of the Federal Works Agency; and (d) by the Archivist of the United States or any other officer or body whose functions are transferred by chapter 16 of this title, in effect upon July 1, 1949, and not inconsistent herewith, shall remain in full force and effect unless and until superseded, or except as they may be amended, under the authority of this Act or under other appropriate authority. -SOURCE- (June 30, 1949, ch. 288, title VI, Sec. 601, formerly title V, Sec. 501, 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. The Surplus Property Act of 1944, as amended, referred to in par. (b), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was classified principally to sections 1611 to 1646 of Title 50, Appendix, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of Title 50, Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 is still set out in part in Title 50, Appendix. Section 1631 was repealed by act June 7, 1939, ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50, War and National Defense. Section 1637 was repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by this chapter. Chapter 16 (Sec. 751 et seq.) of this title, referred to in par. (d), was in the original a reference to 'title I of this Act'. -COD- CODIFICATION Section was formerly classified to section 203 of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS Abolition of Bureau of Federal Supply, referred to in par. (a), and transfer of functions, see section 752 of this title. Abolition of Federal Works Agency and of office of Works Administrator, referred to in par. (c), and transfer of functions, see section 753 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 752 of this title. ------DocID 44289 Document 535 of 816------ -CITE- 40 USC Sec. 474 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- Sec. 474. Congress, departments, agencies, corporations, and persons exempted from provisions -STATUTE- The authority conferred by this Act shall be in addition and paramount to any authority conferred by any other law and shall not be subject to the provisions of any law inconsistent herewith, except as otherwise provided by the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), and except that sections 486(b) and 487(c) of this title shall not be applicable to any Government corporation or agency which is subject to chapter 91 of title 31. Nothing in this Act shall impair or affect any authority of - (1) the President under the Philippine Property Act of 1946 (60 Stat. 418; 22 U.S.C. 1381); (2) any executive agency with respect to any phase (including, but not limited to, procurement, storage, transportation, processing, and disposal) of any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation: Provided, That the agency carrying out such program shall, to the maximum extent practicable, consistent with the fulfillment of the purposes of the program and the effective and efficient conduct of its business, coordinate its operations with the requirements of this Act and the policies and regulations prescribed pursuant thereto; (3) any executive agency named in chapter 137 of title 10, and the head thereof, with respect to the administration of said chapter; (4) the Department of Defense with respect to property required for or located in occupied territories; (5) the Secretary of Defense with respect to the administration of the National Industrial Reserve Act of 1948 (50 U.S.C. 451 et seq.); (6) the Secretary of Defense, the Munitions Board, and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (60 Stat. 596) (50 U.S.C. 98 et seq.); (7) the Secretary of State under the Foreign Service Buildings Act of May 7, 1926, as amended (22 U.S.C. 292 et seq.); (8) the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force with respect to the administration of section 1171(b) of Appendix to title 50; (9) the Secretary of Agriculture or the Department of Agriculture under (A) the National School Lunch Act (60 Stat. 230) (42 U.S.C. 1751 et seq.); (B) the Farmers Home Administration Act of 1946 (60 Stat. 1062); (C) the Act of August (FOOTNOTE 1) 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities; (D) section 612c of title 7, with respect to the exportation and domestic consumption of agricultural products; or (E) section 1291 or section 1622(j) of title 7; (FOOTNOTE 1) So in original. Should be 'July'. (10) the Secretary of Agriculture, Farm Credit Administration, or any farm credit board under section 640l(b) of title 12, with respect to the acquisition or disposal of property; (11) the Department of Housing and Urban Development or the Resolution Trust Corporation or any officer thereof with respect to the disposal of residential property, or of other property (real or personal) held as part of or acquired for or in connection with residential property, or in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.) under (FOOTNOTE 2) the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or any other law.; (FOOTNOTE 3) (FOOTNOTE 2) So in original. Probably should be 'or under'. (FOOTNOTE 3) So in original. (12) the Tennessee Valley Authority with respect to nonpersonal services, with respect to the matters referred to in section 481(a)(4) of this title, and with respect to any property acquired or to be acquired for or in connection with any program of processing, manufacture, production, or force account construction: Provided, That the Tennessee Valley Authority shall to the maximum extent that it may deem practicable, consistent with the fulfillment of the purpose of its program and the effective and efficient conduct of its business, coordinate its operations with the requirements of this Act and the policies and regulations prescribed pursuant thereto; (13) the Atomic Energy Commission; (14) the Administrator of the Federal Aviation Administration or the Secretary of Commerce with respect to the disposal of airport property and airway property for use as such property. For the purpose of this paragraph the terms 'airport property' and 'airway property' shall have the respective meanings ascribed to them in the International Aviation Facilities Act (62 Stat. 450) (49 App. U.S.C. 1151 et seq.); (15) the United States Postal Service; (16) the Maritime Administration with respect to the construction, reconstruction, and reconditioning (including outfitting and equipping incident to the foregoing), the acquisition, procurement, operation, maintenance, preservation, sale, lease, or charter of any merchant vessel or of any shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for the carrying out of any program of such Administration authorized by law, or nonadministrative activities incidental thereto: Provided, That the Maritime Administration shall to the maximum extent that it may deem practicable, consistent with the fulfillment of the purposes of such programs and the effective and efficient conduct of such activities, coordinate its operations with the requirements of this Act, and the policies and regulations prescribed pursuant thereto; (17) the Central Intelligence Agency; (18) the Joint Committee on Printing, under title 44 or any other Act; (19) for such period of time as the President may specify, any other authority of any executive agency which the President determines within one year after the effective date of this Act should, in the public interest, stand unimpaired by this Act; (20) the Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 (50 Stat. 731), as amended (16 U.S.C. 832 et seq.); or (21) the Director of the United States Information Agency with respect to the furnishing of facilities in foreign countries and reception centers within the United States. No provision of this Act, as amended, shall apply to the Senate or the House of Representatives (including the Architect of the Capitol and any building, activity, or function under his direction), but any of the services and facilities authorized by this Act to be rendered or furnished shall, as far as practicable, be made available to the Senate, the House of Representatives, or the Architect of the Capitol, upon their request, and, if payment would be required for the rendition or furnishing of a similar service or facility to an executive agency, payment therefor shall be made by the recipient thereof, upon presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the Administrator and the officer or body making such request). Such payment may be credited to the applicable appropriation of the executive agency receiving such payment. -SOURCE- (June 30, 1949, ch. 288, title VI, Sec. 602(c)-(e), formerly title V, Sec. 502(c)-(e), 63 Stat. 401; Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; renumbered and amended Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 7(e), (f), 8(c), 64 Stat. 583, 590; Aug. 23, 1958, Pub. L. 85-726, title XIV, Sec. 1406, 72 Stat. 808; May 24, 1962, Pub. L. 87-456, title III, Sec. 303(b), 76 Stat. 78; Nov. 8, 1965, Pub. L. 89-343, Sec. 6, 79 Stat. 1303; Oct. 15, 1966, Pub. L. 89-670, Sec. 3(e), 6(c)(1), 80 Stat. 932, 938; May 25, 1967, Pub. L. 90-19, Sec. 7, 81 Stat. 22; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(m)(2), 84 Stat. 782; Aug. 30, 1974, Pub. L. 93-400, Sec. 15(4), 88 Stat. 800; Aug. 15, 1979, Pub. L. 96-60, title II, Sec. 203(c), 93 Stat. 399; Oct. 10, 1979, Pub. L. 96-83, Sec. 10(b), 93 Stat. 652; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(13), 95 Stat. 154; Aug. 24, 1982, Pub. L. 97-241, title III, Sec. 303(b), 96 Stat. 291; Dec. 1, 1983. Pub. L. 98-191, Sec. 8(d)(2), 9(a)(3), 97 Stat. 1331; Aug. 9, 1989, Pub. L. 101-73, title VII, Sec. 744(f), 103 Stat. 438.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in opening and closing pars. and in pars. (2), (12), (16), and (19), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. The Office of Federal Procurement Policy Act, referred to in opening par., is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. The Philippine Property Act of 1946, referred to in par. (1), is act July 3, 1946, ch. 536, 60 Stat. 418, as amended, which is classified generally to subchapter V (Sec. 1381 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 22 and Tables. The National Industrial Reserve Act of 1948, referred to in par. (5), is act July 2, 1948, ch. 811, 62 Stat. 1225, as amended, known as the Defense Industrial Reserve Act, which is classified generally to chapter 16 (Sec. 451 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 451 of Title 50 and Tables. The Strategic and Critical Materials Stock Piling Act, referred to in par. (6), is act June 7, 1939, ch. 190, as revised generally by Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. The Foreign Service Buildings Act, 1926, as amended, referred to in par. (7), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified generally to chapter 8 (Sec. 292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables. Section 1171(b) of Appendix to title 50, referred to in par. (8), was repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641. The National School Lunch Act, referred to in par. (9)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is classified generally to chapter 13 (Sec. 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Farmers Home Administration Act of 1946, referred to in par. (9)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was substantially repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87-128, title III, Sec. 341(a), 75 Stat. 318. For complete classification of this Act to the Code, see Tables. Act of August 31, 1947, Public Law 298, Eightieth Congress, referred to in par. (9)(C), probably means act July 31, 1947, Public Law 298, ch. 413, 61 Stat. 694, which was classified to a note under section 1017 of Title 7, Agriculture, and was repealed by act Apr. 20, 1950, ch. 94, title II, Sec. 205(a), 64 Stat. 73. Section 640l(b) of title 12, referred to in par. (10), was repealed by Pub. L. 92-181, title V, Sec. 5.26(a), Dec. 10, 1971, 85 Stat. 624. The National Housing Act, referred to in par. (11), is act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is classified principally to chapter 13 (Sec. 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables. The Federal Deposit Insurance Act, referred to in par. (11), is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat. 873, as amended, which is classified generally to chapter 16 (Sec. 1811 et seq.) of Title 12. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables. The International Aviation Facilities Act, referred to in par. (14), is act June 16, 1948, ch. 473, 62 Stat. 450, as amended, which is classified generally to chapter 15 (Sec. 1151 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1151 of Title 49, Appendix, and Tables. The Bonneville Project Act of 1937 (50 Stat. 731), as amended, referred to in par. (20), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended, which is classified generally to chapter 12B (Sec. 832 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 832 of Title 16 and Tables. -COD- CODIFICATION Section is comprised of subsecs. (c) and (d) of section 602, formerly Sec. 502, of act June 30, 1949 (renumbered by Sec. 6(b) of act Sept. 5, 1950), and subsec. (e) of section 602 (as added by Sec. 8(c) of act Sept. 5, 1950). A prior subsec. (e) was redesignated subsec. (f) by Sec. 8(c) of act Sept. 5, 1950. Subsec. (a) of section 602 repealed various laws; subsec. (b) related to Ex. Ord. No. 6166 and is set out in a note under section 901 of Title 5, Government Organization and Employees; and subsec. (f), formerly subsec. (e), amended section 5 of Title 41, Public Contracts. In the opening par. 'chapter 91 of title 31' substituted for 'the Government Corporation Control Act (59 Stat. 597; 31 U.S.C. 841)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. In par. (3), 'chapter 137 of title 10' and 'said chapter' substituted for 'Armed Services Procurement Act of 1947' and 'said Act', respectively, on authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces. Prior to the enactment of Title 10, the Armed Services Procurement Act of 1947 (act Feb. 19, 1948, ch. 65, 62 Stat. 21, as amended) was classified principally to chapter 3 (Sec. 151 et seq.) of Title 41, Public Contracts. In par. (4), 'Department of Defense' substituted for 'National Military Establishment' on authority of act Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591. In par. (18), 'title 44 or any other Act' 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' on authority of Pub. L. 90-620, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1305, the first section of which revised and enacted Title 44, Public Printing and Documents. Section was formerly classified to section 204 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1989 - Par. (11). Pub. L. 101-73 inserted 'or the Resolution Trust Corporation' after 'Department of Housing and Urban Development', substituted 'savings association accounts' for 'savings and loan accounts', and inserted 'under the Federal Deposit Insurance Act or any other law.' after 'National Housing Act'. 1983 - Pub. L. 98-191 inserted 'except as otherwise provided by the Office of Procurement Policy Act, and' after 'any law inconsistent herewith,'. 1981 - Pub. L. 97-31 substituted references to the Maritime Administration for references to the United States Maritime Commission wherever appearing in par. (16). 1979 - Pub. L. 96-83 struck out 'except as provided by the Office of Federal Procurement Policy Act, and' after 'law inconsistent herewith,' in opening par. Par. (21). Pub. L. 96-60 added par. (21). 1974 - Pub. L. 93-400 substituted 'inconsistent herewith, except as provided by the Office of Federal Procurement Policy Act, and except' for 'inconsistent herewith, except' in opening par. 1970 - Par. (15). Pub. L. 91-375 substituted 'the United States Postal Service' for 'the Postmaster General or the Postal Establishment with respect to the means and methods of distribution and transportation of the mails, and contracts, negotiations, and proceedings before Federal and State regulatory and rate-making bodies, relating to the transportation of the mails, and the leasing and acquisition of real property, as authorized by law'. 1967 - Par. (11). Pub. L. 90-19 substituted 'the Department of Housing and Urban Development or any officer thereof' for 'the Housing and Home Finance Agency, or any officer or constituent agency therein,'. 1965 - Pars. (15), (20). Pub. L. 89-343 inserted ', and the leasing and acquisition of real property, as authorized by law' in par. (15), and added par. (20). 1962 - Par. (6). Pub. L. 87-456 struck out provisions which permitted imported materials which the authorized procuring agency certifies to the Commissioner of Customs to be strategic and critical materials procured under the Strategic and Critical Materials Stock Piling Act to be entered, or withdrawn from warehouse, free of duty. 1958 - Par. (14). Pub. L. 85-726 substituted 'Administrator of the Federal Aviation Agency' for 'Administrator of Civil Aeronautics'. 1950 - Act Sept. 5, 1950, Sec. 7(e), (f), 8(c), inserted 'and paramount' after 'any authority' in opening par., inserted 'the' in par. (17), inserted reference to 'Joint Committee on Printing' in par. (18), reenacted par. (19), and inserted closing par. -CHANGE- CHANGE OF NAME 'Director of the United States Information Agency' substituted for 'Director of the International Communication Agency' in par. (21) pursuant to section 303(b) of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, set out as a note under section 1461 of Title 22, Foreign Relations and Intercourse. -MISC4- EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12 of Pub. L. 96-83, set out as a note under section 401 of Title 41, Public Contracts. Amendment by Pub. L. 96-60 effective Oct. 1, 1979, see section 209 of Pub. L. 96-60, set out as an Effective Date note under section 1469 of Title 22, Foreign Relations and Intercourse. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by Pub. L. 87-456 effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87-456. EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85-726 effective on 60th day following date on which Administrator of Federal Aviation Agency first appointed under Pub. L. 85-726 qualifies and takes office, see section 1505(2) of Pub. L. 85-726, set out as a note under section 1301 of Title 49, Appendix, Transportation. The Administrator was appointed, qualified, and took office on October 31, 1958. -TRANS- TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See, also, Transfer of Functions notes set out under those sections. In par. (14), 'Federal Aviation Administration' substituted for 'Federal Aviation Agency' pursuant to Pub. L. 89-670, which transferred all functions, powers, and duties of Federal Aviation Agency and of Administrator and other offices and officers thereof to Secretary of Transportation and established a Federal Aviation Administration in Department of Transportation. See section 106 of Title 49, Transportation. Office of Chief of Weather Bureau abolished, and Weather Bureau consolidated with Coast and Geodetic Survey to form a new agency in Department of Commerce to be known as Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Chief of Bureau and of Bureau transferred to Secretary of Commerce by the Plan. Environmental Science Services Administration abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees, which created National Oceanic and Atmospheric Administration in Department of Commerce. By Department Organization Order 25-5A, republished 39 F.R. 27486, Secretary of Commerce delegated to NOAA his functions relating to Weather Bureau. By order of Acting Associate Administrator of NOAA, organization name of Weather Bureau changed to National Weather Service. For further details, see the Codification note under section 311 of Title 15, Commerce and Trade. Munitions Board, together with Office of Chairman, abolished and Board's functions transferred to Secretary of Defense by Reorg. Plan No. 6 of 1953, eff. June 30, 1953, 18 F.R. 3743, set out in the Appendix to Title 5, Government Organization and Employees. -MISC5- ARCHITECT OF THE CAPITOL The Legislative Branch Appropriation Acts, acts June 13, 1945, ch. 189, Sec. 1, 59 Stat. 252; July 1, 1946, ch. 530, Sec. 101, 60 Stat. 401; July 17, 1947, ch. 262, Sec. 101, 61 Stat. 370; June 14, 1948, ch. 467, Sec. 101, 62 Stat. 431; June 22, 1949, ch. 235, Sec. 101, 63 Stat. 225, provided in part that appropriations under the control of the Architect could be expended without reference to section 7 of Title 41, Public Contracts. Similar provisions have been carried in prior Legislative Branch Appropriation Acts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 752, 759 of this title; title 10 section 7308; title 41 section 252. ------DocID 44290 Document 536 of 816------ -CITE- 40 USC Sec. 475 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- Sec. 475. Authorization of appropriations; fund transfer authority -STATUTE- (a) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including payment in advance, when authorized by the Administrator, for library memberships in societies whose publications are available to members only, or to members at a price lower than that charged to the general public. (b) When authorized by the Director of the Office of Management and Budget, any Federal agency may use, for the disposition of property under this Act, and for its care and handling pending such disposition, any funds heretofore or hereafter appropriated, allocated, or available to it for purposes similar to those provided for in sections 481, 483, 484, and 486 of this title. -SOURCE- (June 30, 1949, ch. 288, title VI, Sec. 603, formerly title V, Sec. 503, 63 Stat. 403, renumbered and amended Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 7(g), 64 Stat. 583, 590; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 205 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1950 - Subsec. (a). Act Sept. 5, 1950, Sec. 7(g), inserted 'including payment in advance, when authorized by the Administrator, for library memberships in societies whose publications are available to members only, or to members at a price lower then that charged to the general public'. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 752 of this title. ------DocID 44291 Document 537 of 816------ -CITE- 40 USC Sec. 476 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER I -HEAD- Sec. 476. Sex discrimination prohibited -STATUTE- No individual shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity carried on or receiving Federal assistance under this Act. This provision shall be enforced through agency provisions and rules similar to those already established with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and will not prejudice or remove any other legal remedies available to any individual alleging discrimination. -SOURCE- (June 30, 1949, ch. 288, title VI, Sec. 606, as added Oct. 17, 1976, Pub. L. 94-519, Sec. 8, 90 Stat. 2456.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. The Civil Rights Act of 1964, referred to in text, is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Civil Rights Act of 1964 is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. -MISC2- EFFECTIVE DATE Section effective Oct. 17, 1977, see section 9 of Pub. L. 94-519, set out as an Effective Date of 1976 Amendment note under section 484 of this title. ------DocID 44292 Document 538 of 816------ -CITE- 40 USC SUBCHAPTER II -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- SUBCHAPTER II - PROPERTY MANAGEMENT -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 513, 752, 758 of this title; title 10 section 9781. ------DocID 44293 Document 539 of 816------ -CITE- 40 USC Sec. 481 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 481. Procurement, warehousing, and related activities -STATUTE- (a) Policies and methods of procurement and supply; operation of warehouses The Administrator shall, in respect of executive agencies, and to the extent that he determines that so doing is advantageous to the Government in terms of economy, efficiency, or service, and with due regard to the program activities of the agencies concerned - (1) subject to regulations (FOOTNOTE 1) prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), prescribe policies and methods of procurement and supply of personal property and nonpersonal services, including related functions such as contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting; and (FOOTNOTE 1) See 1983 Amendment note below. (2) operate, and, after consultation with the executive agencies affected, consolidate, take over, or arrange for the operation by any executive agency of warehouses, supply centers, repair shops, fuel yards, and other similar facilities; and (3) procure and supply personal property and nonpersonal services for the use of executive agencies in the proper discharge of their responsibilities, and perform functions related to procurement and supply such as those mentioned above in subparagraph (1) of this subsection: Provided, That contracts for public utility services may be made for periods not exceeding ten years; and (4) with respect to transportation and other public utility services for the use of executive agencies, represent such agencies in negotiations with carriers and other public utilities and in proceedings involving carriers or other public utilities before Federal and State regulatory bodies; Provided, That the Secretary of Defense may from time to time, and unless the President shall otherwise direct, exempt the Department of Defense from action taken or which may be taken by the Administrator under clauses (1) to (4) of this subsection whenever he determines such exemption to be in the best interests of national security. (b) Extension of services to Federal agencies and mixed ownership corporations and the District of Columbia The Administrator shall as far as practicable provide any of the services specified in subsection (a) of this section to any other Federal agency, mixed ownership corporation (as defined in chapter 91 of title 31), or the District of Columbia, upon its request. (c) Exchange or sale of similar items In acquiring personal property, any executive agency, under regulations to be prescribed by the Administrator, subject to regulations (FOOTNOTE 1) prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in such cases in whole or in part payment for the property acquired: Provided, That any transaction carried out under the authority of this subsection shall be evidenced in writing. Sales of property pursuant to this subsection shall be governed by section 5 of title 41, except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property pursuant to section 484(e)(5) of this title. (d) Utilization of services by executive agencies without reimbursement or transfer of funds In conformity with policies prescribed by the Administrator under subsection (a) of this section, any executive agency may utilize the services, work, materials, and equipment of any other executive agency, with the consent of such other executive agency, for the inspection of personal property incident to the procurement thereof, and notwithstanding section 1301(a) of title 31 or any other provision of law such other executive agency may furnish such services, work, materials, and equipment for that purpose without reimbursement or transfer of funds. (e) Exchange or transfer of excess property Whenever the head of any executive agency determines that the remaining storage or shelf life of any medical materials or medical supplies held by such agency for national emergency purposes is of too short duration to justify their continued retention for such purposes and that their transfer or disposal would be in the interest of the United States, such materials or supplies shall be considered for the purposes of section 483 of this title to be excess property. In accordance with the regulations of the Administrator, such excess materials or supplies may thereupon be transferred to or exchanged with any other Federal agency for other medical materials or supplies. Any proceeds derived from such transfers may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only for the purchase of medical materials or supplies to be held for national emergency purposes. If such materials or supplies are not transferred to or exchanged with any other Federal agency, they shall be disposed of as surplus property. To the greatest extent practicable, the head of the executive agency holding such medical materials or supplies shall make the determination provided for in the first sentence of this subsection at such times as to insure that such medical materials or medical supplies can be transferred or otherwise disposed of in sufficient time to permit their use before their shelf life expires and they are rendered unfit for human use. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 201, 63 Stat. 383; Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; Sept. 5, 1950, ch. 849, Sec. 8(b), 64 Stat. 591; Aug. 27, 1958, Pub. L. 85-781, 72 Stat. 936; Sept. 26, 1970, Pub. L. 91-426, Sec. 1, 84 Stat. 883; Aug. 30, 1974, Pub. L. 93-400, Sec. 15(1), (2), 88 Stat. 800; Oct. 10, 1979, Pub. L. 96-83, Sec. 10(a), 93 Stat. 652; Dec. 1, 1983, Pub. L. 98-191, Sec. 8(d)(1), 9(a)(2), 97 Stat. 1331; Nov. 5, 1988, Pub. L. 100-612, Sec. 2, 102 Stat. 3180.) -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsecs. (a)(1) and (c), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -COD- CODIFICATION In subsec. (a), 'Department of Defense' substituted for 'National Military Establishment' on authority of act Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591. In subsecs. (b) and (d), 'chapter 91 of title 31' and 'section 1301(a) of title 31' substituted for 'the Government Corporation Control Act (31 U.S.C. 841 et seq.)' and 'section 3678 of the Revised Statutes (31 U.S.C. 628)', respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 231 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-612 inserted provisions that sales of property under this subsection be governed by section 5 of title 41, with an exception for fixed price sales. 1983 - Subsecs. (a)(1), (c). Pub. L. 98-191 inserted 'and regulations' after 'subject to policy directives' and then substituted 'subject to regulations' for 'subject to policy directives'. A literal execution of both amendments would have resulted in phrase reading 'subject to regulations and regulations'. 1979 - Subsecs. (a)(1), (c). Pub. L. 96-83 substituted 'policy directives' for 'regulations'. 1974 - Subsec. (a)(1). Pub. L. 93-400, Sec. 15(1), made authority of Administrator to prescribe policies and methods subject to regulations prescribed by Administrator for Federal Procurement Policy pursuant to Office of Federal Procurement Policy Act. Subsec. (c). Pub. L. 93-400, Sec. 15(2), substituted 'the Administrator, subject to regulations prescribed by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, may exchange' for 'the Administrator, may exchange'. 1970 - Subsec. (e). Pub. L. 91-426 added subsec. (e). 1958 - Subsec. (d). Pub. L. 85-781 added subsec. (d). 1950 - Subsec. (b). Act Sept. 5, 1950, struck out 'or the Senate or the House of Representatives' after 'District of Columbia'. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12 of Pub. L. 96-83, set out as a note under section 401 of Title 41, Public Contracts. -CROSS- CROSS REFERENCES Laws not applicable to contracts, see section 260 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 474, 475, 755, 756, 757, 759 of this title; title 10 section 2381; title 22 section 2674; title 28 section 612; title 50 section 491. ------DocID 44294 Document 540 of 816------ -CITE- 40 USC Sec. 482 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 482. Clarification of status of Architect of Capitol under this chapter -STATUTE- The term 'the Senate and the House of Representatives', as used in the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), shall be construed to include the Architect of the Capitol and any activities under his direction, and any of the services authorized by said Act shall (as far as practicable) be made available to the Architect of the Capitol, upon his request. -SOURCE- (Oct. 26, 1949, ch. 737, 63 Stat. 920.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was not enacted as a part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. Section was formerly classified to section 231a of Title 41, Public Contracts. ------DocID 44295 Document 541 of 816------ -CITE- 40 USC Sec. 483 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 483. Property utilization -STATUTE- (a) Policies and methods; transfer of excess property among Federal agencies and other organizations; transfer of real property located in Indian reservations to the Secretary of the Interior (1) Subject to the provisions of paragraph (2) of this subsection, in order to minimize expenditures for property, the Administrator shall prescribe policies and methods to promote the maximum utilization of excess property by executive agencies, and he shall provide for the transfer of excess property among Federal agencies and to the organizations specified in section 756(f) of this title. The Administrator, with the approval of the Director of the Office of Management and Budget, shall prescribe the extent of reimbursement for such transfers of excess property: Provided, That reimbursement shall be required of the fair value, as determined by the Administrator, of any excess property transferred whenever net proceeds are requested pursuant to section 485(c) of this title or whenever either the transferor or the transferee agency (or the organizational unit affected) is subject to chapter 91 of title 31 or is an organization specified in section 756(f) of this title; and that excess property determined by the Administrator to be suitable for distribution through the supply centers of the General Services Administration shall be retransferred as prices fixed by the Administrator with due regard to prices established in accordance with section 756(b) of this title. (2) The Administrator shall prescribe such procedures as may be necessary in order to transfer without compensation to the Secretary of the Interior excess real property located within the reservation of any group, band, or tribe of Indians which is recognized as eligible for services by the Bureau of Indian Affairs. Such excess real property shall be held in trust by the Secretary for the benefit and use of the group, band, or tribe of Indians, within whose reservation such excess real property is located: Provided, That such transfers of real property within the State of Oklahoma shall be made to the Secretary of the Interior to be held in trust for Oklahoma Indian tribes recognized by the Secretary of the Interior when such real property (1) is located within boundaries of former reservations in Oklahoma as defined by the Secretary of Interior and when such real property was held in trust by the United States for an Indian tribe at the time of acquisition by the United States, or (2) is contiguous to real property presently held in trust by the United States for an Oklahoma Indian tribe and was at any time held in trust by the United States for an Indian tribe. (b) Duties of executive agencies Each executive agency shall (1) maintain adequate inventory controls and accountability systems for the property under its control, (2) continuously survey property under its control to determine which is excess property, and promptly report such property to the Administrator, (3) perform the care and handling of such excess property, and (4) transfer or dispose of such property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. (c) Additional duties of executive agencies Each executive agency shall, as far as practicable, (1) make reassignments of property among activities within the agency when such property is determined to be no longer required for the purposes of the appropriation from which it was purchased, (2) transfer excess property under its control to other Federal agencies and to organizations specified in section 756(f) of this title, and (3) obtain excess property from other Federal agencies. (d) Acquisition of excess personal property by Federal agencies for grantees prohibited; exceptions Notwithstanding any other provisions of law, Federal agencies are prohibited from obtaining excess personal property for purposes of furnishing such property to grantees of such agencies, except as follows: (1) Under such regulations as the Administrator may prescribe, any Federal agency may obtain excess personal property for purposes of furnishing it to any institution or organization which is a public agency or is nonprofit and exempt from taxation under section 501 of title 26, and which is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination made: Provided, That - (A) such property is to be furnished for use in connection with the grant; and (B) the sponsoring Federal agency pays an amount equal to 25 per centum of the original acquisition cost (except for costs of care and handling) of the excess property furnished, such funds to be covered into the Treasury as miscellaneous receipts. Title to excess property obtained under this paragraph shall vest in the grantees and shall be accounted for and disposed of in accordance with procedures governing the accountability of personal property acquired under grant agreements. (2) Under such regulations and restrictions as the Administrator may prescribe, the provisions of this subsection shall not apply to the following: (A) property furnished under section 2358 of title 22, where and to the extent that the Administrator of General Services determines that the property to be furnished under such Act (22 U.S.C. 2151 et seq.) is not needed for donation pursuant to section 484(j) of this title; (B) scientific equipment furnished under section 1870(e) of title 42; (C) property furnished under section 580a of title 16, in connection with the Cooperative Forest Fire Control Program, where title is retained in the United States; (D) property furnished in connection with grants to Indian tribes as defined in section 1452(c) of title 25; or (E) property furnished by the Secretary of Agriculture to any State or county extension service engaged in cooperative agricultural extension work pursuant to the Act of May 8, 1914 (7 U.S.C. 341 et seq.); any State experiment station engaged in cooperative agricultural research work pursuant to the Act of March 2, 1887 (7 U.S.C. 361a et seq.); and any institution engaged in cooperative agricultural research or extension work pursuant to sections 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, and 3222) or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), where title is retained in the United States. For the purpose of this provision, the term 'State' means any one of the fifty States, the Commonwealth of Purerto Rico, Guam, American Samoa, the Commonwealth of the Northern Marianas, the Trust Territory of the Pacific Islands, the Virgin Islands of the United States, and the District of Columbia. This paragraph shall not preclude any Federal agency obtaining property and furnishing it to a grantee of that agency under paragraph (1) of this subsection. (e) Annual report by executive agencies to Administrator on excess personal property furnished to recipient other than a Federal agency; acquisition, identification, and disposition; report by Administrator to Congress Each executive agency shall submit during the calendar quarter following the close of each fiscal year a report to the Administrator showing, with respect to personal property - (1) obtained as excess property or as personal property determined to be no longer required for the purposes of the appropriation from which it was purchased, and (2) furnished in any manner whatsoever within the United States to any recipient other than a Federal agency, the acquisition cost, categories of equipment, recipient of all such property, and such other information as the Administrator may require. 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. (f) Repealed. July 12, 1952, ch. 703, Sec. 1(h), 66 Stat. 593 (g) Temporary assignment of excess real property space Whenever the Administrator determines that the temporary assignment or reassignment of any space in excess of real property to any Federal agency for office, storage, or related facilities would be more advantageous than the permanent transfer of such property, he may make such assignment or reassignment for such period of time as he shall determine and obtain, in the absence of appropriation available to him therefor, appropriate reimbursement from the using agency for the expense of maintaining such space. (h) Abandonment, destruction, or donation of property The Administrator may authorize the abandonment, destruction, or donation to public bodies of property which has no commercial value or of which the estimated cost of continued care and handling would exceed the estimated proceeds from its sale. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 202, 63 Stat. 384; July 12, 1952, ch. 703, Sec. 1(f)-(h), 66 Stat. 593; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Jan. 2, 1975, Pub. L. 93-599, 88 Stat. 1954; Oct. 17, 1976, Pub. L. 94-519, Sec. 3, 90 Stat. 2454; Dec. 22, 1981, Pub. L. 97-98, title XIV, Sec. 1443, 95 Stat. 1321.) -REFTEXT- REFERENCES IN TEXT Such Act, referred to in subsec. (d)(2)(A), is the Foreign Assistance Act of 1961, Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, which is classified principally to chapter 32 (Sec. 2151 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 2151 of Title 22 and Tables. Act of May 8, 1914 (7 U.S.C. 341 et seq.), referred to in subsec. (d)(2)(E), is act May 18, 1914, ch. 79, 38 Stat. 372, as amended, popularly known as the Smith-Lever Act, which is classified generally to subchapter IV (Sec. 341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 341 of Title 7 and Tables. Act of March 2, 1887 (7 U.S.C. 361a et seq.), referred to in subsec. (d)(2)(E), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, popularly known as the Hatch Act of 1887, which is classified generally to sections 361a to 361i of Title 7. 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. (d)(2)(E), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806, as amended, popularly known as the McIntire-Stennis Act of 1962, which is classified generally to subchapter III (Sec. 582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables. -COD- CODIFICATION In subsec. (a)(1), 'chapter 91 of title 31' substituted for 'the Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 232 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1981 - Subsec. (d)(2)(E). Pub. L. 97-98 added subpar. (E). 1976 - Subsecs. (d), (e). Pub. L. 94-519 added subsecs. (d) and (e). Former subsecs. (d) and (e) had been repealed by act July 12, 1952, ch. 703, Sec. 1(h), 66 Stat. 593. See 1952 Amendment note below. 1975 - Subsec. (a)(1). Pub. L. 93-599 redesignated existing subsec. (a) as par. (1) and substituted 'Subject to the provisions of paragraph (2) of this subsection, in order to minimize' for 'In order to minimize'. Subsec. (a)(2). Pub. L. 93-599 added par. (2). 1952 - Subsec. (a). Act July 12, 1952, Sec. 1(f), permitted better utilization of excess property by other Federal agencies which have need for such property, and provided more flexible methods of transfer. Subsec. (c)(2). Act July 12, 1952, Sec. 1(g), inserted 'and to organizations specified in section 756(f) of this title'. Subsecs. (d) to (f). Act July 12, 1952, Sec. 1(h), repealed subsecs. (d) to (f). EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97-98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97-98, set out as an Effective Date note under section 4301 of Title 7, Agriculture. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-519 effective Oct. 17, 1977, see section 9 of Pub. L. 94-519, set out as a note under section 484 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. LEASE AND ASSIGNMENT OF BUILDING SPACE; MANAGEMENT; EXCEPTIONS All functions with respect to acquiring space in buildings by lease, 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), and 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, were, with certain exceptions, transferred from the respective agencies in which theretofore vested to the Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out under section 490 of this title. For delegation of those transferred functions to other personnel of the General Services Administration, or to the heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 475, 481, 483c, 483d, 512 of this title; title 25 section 1812; title 42 section 11411; title 45 section 854. ------DocID 44296 Document 542 of 816------ -CITE- 40 USC Sec. 483a -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 483a. Repealed. Pub. L. 100-370, Sec. 1(k)(3), July 19, 1988, 102 Stat. 849 -MISC1- Section, Pub. L. 99-190, Sec. 101(b) (title VIII, Sec. 8012), Dec. 19, 1985, 99 Stat. 1185, 1204, related to transfer of vessels between Departments of Transportation, Army, Air Force, or Navy, and was reenacted in section 2578 of Title 10, Armed Forces, by section 1(k)(1) of Pub. L. 100-370. SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Oct. 12, 1984, Pub. L. 98-473, title I, Sec. 101(h) (title VIII, Sec. 8013), 98 Stat. 1904, 1925. Dec. 8, 1983, Pub. L. 98-212, title VII, Sec. 716, 97 Stat. 1441. Dec. 21, 1982, Pub. L. 97-377, title VII, Sec. 717, 96 Stat. 1583. Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 717, 95 Stat. 1581. Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 718, 94 Stat. 3084. Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 718, 93 Stat. 1155. Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 818, 92 Stat. 1247. Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 817, 91 Stat. 902. Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 717, 90 Stat. 1294. Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 717, 90 Stat. 171. Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 817, 88 Stat. 1228. Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 717, 87 Stat. 1041. Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 717, 86 Stat. 1199. Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 717, 85 Stat. 730. Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 817, 84 Stat. 2033. Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 617, 83 Stat. 483. Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 516, 82 Stat. 1132, as amended Aug. 6, 1981, Pub. L. 97-31, Sec. 12(14), 95 Stat. 154. Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 616, 81 Stat. 245. Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 616, 80 Stat. 994. Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 616, 79 Stat. 876. Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 516, 78 Stat. 477. Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 516, 77 Stat. 267. Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 516, 76 Stat. 331. Aug. 17, 1961, Pub. L. 87-144, title VI, Sec. 616, 75 Stat. 378. July 7, 1960, Pub. L. 86-601, title V, Sec. 516, 74 Stat. 352. Aug. 18, 1959, Pub. L. 86-166, title VI, Sec. 616, 73 Stat. 381. Aug. 22, 1958, Pub. L. 85-724, title VI, Sec. 617, 72 Stat. 727. Aug. 2, 1957, Pub. L. 85-117, title VI, Sec. 618, 71 Stat. 326. July 2, 1956, ch. 488, title VI, Sec. 618, 70 Stat. 471. July 13, 1955, ch. 358, title VI, Sec. 622, 69 Stat. 319. June 30, 1954, ch. 432, title VII, Sec. 723, 68 Stat. 355. Aug. 1, 1953, ch. 305, title VI, Sec. 630, 67 Stat. 355. July 10, 1952, ch. 630, title VI, Sec. 633, 66 Stat. 537. ------DocID 44297 Document 543 of 816------ -CITE- 40 USC Sec. 483b -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 483b. Utilization of excess furniture -STATUTE- Notwithstanding the provisions of any other law, no funds shall be available in this or any other Act for the purchase of furniture by any department or agency in any branch of the Government if such requirements can reasonably be met, as determined by the Administrator of General Services, by transfer of excess furniture including rehabilitated furniture from other departments and agencies pursuant to the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.). -SOURCE- (Aug. 7, 1953, ch. 340, Ch. XIII, title I, Sec. 1316, 67 Stat. 439.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is the Supplemental Appropriation Act, 1954, approved Aug. 7, 1953, ch. 340, 67 Stat. 418, which in general is not classified to the Code. For specific classifications to the Code, see Tables. The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions relating to transfer of excess furniture are contained in section 483 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section enacted as part of the Supplemental Appropriation Act, 1954, and not as a part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. ------DocID 44298 Document 544 of 816------ -CITE- 40 USC Sec. 483c -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 483c. Excess personal property held by grantee of Federal agency; certification of authorized use; title to grantee; re-transfer of property used for unauthorized purpose -STATUTE- Notwithstanding any other provision of law, and except as the Administrator of General Services may otherwise provide on recommendation of the head of an affected Federal agency, excess personal property acquired by a Federal agency pursuant to the authority of section 202 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 483) and furnished to and held by a grantee of such agency prior to October 17, 1977, under grants made pursuant to programs established by law shall be regarded as surplus property. The Administrator of General Services upon receipt of a certification by the head of an agency that the property is being used by the grantee for the purposes for which it was furnished shall transfer title to the property to the grantee. The grantor agency shall survey Federal property acquired from excess sources in the possession of its grantees and shall notify the Administrator of General Services, not later than two hundred and forty days from October 17, 1976, of those items of property which are being used by each grantee for the purpose for which it was furnished, and those items which are not being used by each grantee. If the property is not being so used, the Administrator shall transfer such property to an appropriate State agency, upon its request, for distribution in accordance with subsection 203(j) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484(j)). Property not so transferred shall be otherwise disposed of pursuant to the provisions of that Act (40 U.S.C. 471 et seq.). -SOURCE- (Pub. L. 94-519, Sec. 5, Oct. 17, 1976, 90 Stat. 2456.) -REFTEXT- REFERENCES IN TEXT That Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was not enacted as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective Oct. 17, 1977, see section 9 of Pub. L. 94-519 set out as an Effective Date of 1976 Amendment note under section 484 of this title. ------DocID 44299 Document 545 of 816------ -CITE- 40 USC Sec. 483d -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 483d. Dredge vessel disposal -STATUTE- Notwithstanding any other provision of law, the Administrator of the General Services Administration, pursuant to the provisions of sections 483 and 484(j) of this title, may dispose of any Corps of Engineers vessel used for dredging that is declared to be in excess of Federal needs by the Secretary, together with related equipment owned by the United States and under the control of the Chief of Engineers, through sale or lease to a foreign government as part of a Corps of Engineers technical assistance program, or to a Federal or State maritime academy for training purposes, or to a non-Federal public body for scientific, educational, or cultural purposes, or through sale solely for scrap to foreign or domestic interests. Any such vessel shall not be disposed of under this section or any other provision of law for use within the United States for the purpose of engaging in dredging activities. Amounts collected from the sale or lease of any such vessel or equipment shall be deposited into the revolving fund authorized by section 576 of title 33, to be available, as provided in appropriations Acts, for the operation and maintenance of vessels under the control of the Corps of Engineers. -SOURCE- (Pub. L. 99-662, title IX, Sec. 945, Nov. 17, 1986, 100 Stat. 4200.) -COD- CODIFICATION Section was enacted as part of the Water Resources Development Act of 1986, and not as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -CROSS- DEFINITIONS Secretary means the Secretary of the Army, see section 2201 of Title 33, Navigation and Navigable Waters. ------DocID 44300 Document 546 of 816------ -CITE- 40 USC Sec. 484 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 484. Disposal of surplus property -STATUTE- (a) Supervision and direction Except as otherwise provided in this section, the Administrator 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. (b) Care and handling The care and handling of surplus property, pending its disposition, and the disposal of surplus property, may be performed by the General Services Administration or, when so determined by the Administrator, by the executive agency in possession thereof or by any other executive agency consenting thereto. (c) Method of disposition Any executive agency designated or authorized by the Administrator 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, and upon such other terms and conditions as the Administrator deems proper, and it may execute such documents for the transfer of title or other interest in property and take such other action as it deems necessary or proper to dispose of such property under the provisions of this subchapter. (d) Validity of deed, bill of sale, lease, etc. A deed, bill of sale, lease, or other instrument executed by or on behalf of any executive agency purporting to transfer title or any other interest in surplus property under this subchapter shall be conclusive evidence of compliance with the provisions of this subchapter insofar as concerns title or other interest of any bona fide grantee or transferee for value and without notice of lack of such compliance. (e) Bids for disposal; advertising; procedure; disposal by negotiation; explanatory statement (1) All disposals or contracts for disposal of surplus property (other than by abandonment, destruction, donation, or through contract brokers) made or authorized by the Administrator shall be made after publicly advertising for bids, under regulations prescribed by the Administrator, except as provided in paragraphs (3) and (5) of this subsection. (2) Whenever public advertising for bids is required under paragraph (1) of this subsection - (A) the advertisement for bids shall be made at such time previous to the disposal or contract, through such methods, and on such terms and conditions as shall permit that full and free competition which is consistent with the value and nature of the property involved; (B) all bids shall be publicly disclosed at the time and place stated in the advertisement; (C) award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, price and other factors considered: Provided, That all bids may be rejected when it is in the public interest to do so. (3) Disposals and contracts for disposal may be negotiated, under regulations prescribed by the Administrator, without regard to paragraphs (1) and (2) of this subsection but subject to obtaining such competition as is feasible under the circumstances, if - (A) necessary in the public interest during the period of a national emergency declared by the President or the Congress, with respect to a particular lot or lots of personal property or, for a period not exceeding three months, with respect to a specifically described category or categories of personal property as determined by the Administrator; (B) the public health, safety, or national security will thereby be promoted by a particular disposal of personal property; (C) public exigency will not admit of the delay incident to advertising certain personal property; (D) the personal property involved is of a nature and quantity which, if disposed of under paragraphs (1) and (2) of this subsection, would cause such an impact on an industry or industries as adversely to affect the national economy, and the estimated fair market value of such property and other satisfactory terms of disposal can be obtained by negotiation; (E) the estimated fair market value of the property involved does not exceed $15,000; (F) bid prices after advertising therefor are not reasonable (either as to all or some part of the property) or have not been independently arrived at in open competition; (G) with respect to real property only, 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; (H) the disposal will be to States, Territories, possessions, political subdivisions thereof, or tax-supported agencies therein, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or (I) otherwise authorized by this Act or other law. (4) Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under such regulations as may be prescribed by the Administrator: Provided, That such regulations shall require that wide public notice of availability of the property for disposal be given by the brokers. (5)(A) Negotiated sales of personal property at fixed prices may be made by the Administrator either directly or through the use of disposal contractors without regard to the limitations set forth in paragraphs (1) and (2) of this subsection: Provided, That such sales shall be publicized to the extent consistent with the value and nature of the property involved, that the prices established shall reflect the estimated fair market value thereof, and that such sales shall be limited to those categories of personal property as to which the Administrator determines that such method of disposal will best serve the interests of the Government. (B) Under regulations and restrictions to be prescribed by the Administrator, property to be sold pursuant to this paragraph may be offered to organizations specified in paragraph (3)(H) of this subsection that have expressed an interest in the property to permit such an organization a prior opportunity to purchase at the prices fixed for such property. (6)(A) Except as otherwise provided by subparagraph (C) of this paragraph, an explanatory statement shall be prepared of the circumstances of each disposal by negotiation of - (i) any personal property which has an estimated fair market value in excess of $15,000; (ii) any real property that has an estimated fair market value in excess of $100,000, except that any real property disposed of by lease or exchange shall only be subject to clauses (iii) through (v) of this subparagraph; (iii) any real property disposed of by lease for a term of 5 years or less, if the estimated fair annual rent is in excess of $100,000 for any of such years; (iv) any 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 in excess of $100,000; or (v) any real property or real and related personal property disposed of by exchange, regardless of value, or any property any part of the consideration for which is real property. (B) Each such statement shall be transmitted to the appropriate committees of the Congress in advance of such disposal, and a copy thereof shall be preserved in the files of the executive agency making such disposal. (C) No such statement need be transmitted to any such committee with respect to any disposal of personal property made under paragraph (5) at a fixed price, or to property disposals authorized by any other provision of law to be made without advertising. (D) The annual report of the Administrator under section 492 of this title shall contain or be accompanied by a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this paragraph. (7) Section 5 of title 41 shall not apply to disposals or contracts for disposal made under this subsection. (f) Contractor inventories Subject to regulations of the Administrator, any executive agency may authorize any contractor with such agency or subcontractor thereunder to retain or dispose of any contractor inventory. (g) Agricultural commodities, foods, and cotton or woolen goods The Administrator, in formulating policies with respect to the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities and surplus cotton or woolen goods, shall consult with the Secretary of Agriculture. Such policies shall be so formulated as to prevent surplus agricultural commodities, or surplus food processed from agricultural commodities, from being dumped on the market in a disorderly manner and disrupting the market prices for agricultural commodities. (h) Transfer to Department of Agriculture for price support or stabilization reasons; deposit of receipts; limitation on sale of surplus farm commodities Whenever the Secretary of Agriculture determines such action to be required to assist him in carrying out his responsibilities with respect to price support or stabilization, the Administrator shall transfer without charge to the Department of Agriculture any surplus agricultural commodities, foods, or cotton or woolen goods to be disposed of. Receipts resulting from disposal by the Department of Agriculture under this subsection shall be deposited pursuant to any authority available to the Secretary of Agriculture, except that net proceeds of any sale of surplus property so transferred shall be credited pursuant to section 485(b) of this title, when applicable. Surplus farm commodities so transferred shall not be sold, other than for export, in quantities in excess of, or at prices less than, those applicable with respect to sales of such commodities by the Commodity Credit Corporation. (i) Vessels; laws governing sales The Maritime Administration shall dispose of surplus vessels of one thousand five hundred gross tons or more which the Administration determines to be merchant vessels or capable of conversion to merchant use, and such vessels shall be disposed of only in accordance with the provisions of the Merchant Marine Act, 1936, as amended (46 App. U.S.C. 1101 et seq.), and other laws authorizing the sale of such vessels. (j) Transfers for donation of property to State agencies; State plan of operation; 'public agency' and 'State' defined (1) Under such regulations as he may prescribe, the Administrator is authorized in his discretion to transfer, without cost (except for costs of care and handling), any personal property under the control of any executive agency which has been determined to be surplus property to the State agency in each State designated under State law as the agency responsible for the fair and equitable distribution, through donation, of all property transferred in accordance with the provisions of paragraphs (2) and (3) of this subsection. In determining whether the property is to be transferred for donation under this subsection, no distinction shall be made between property capitalized in a working-capital fund established under section 2208 of title 10, or any similar fund, and any other property. (2) In the case of surplus personal property under the control of the Department of Defense, the Secretary of Defense shall determine whether such property is usable and necessary for educational activities which are of special interest to the armed services, such as maritime academies, or military, naval, Air Force, or Coast Guard preparatory schools. If the Secretary determines that such property is usable and necessary for said purposes, the Secretary shall allocate it for transfer by the Administrator to the appropriate State agency for distribution, through donation, to such educational activities. If the Secretary determines that such property is not usable and necessary for such purposes, it may be disposed of in accordance with paragraph (3) of this subsection. (3) Except for surplus personal property transferred pursuant to paragraph (2) of this subsection, the Administrator shall, pursuant to criteria which are based on need and utilization and established after such consultation with State agencies as is feasible, allocate such property among the States in (FOOTNOTE 1) a fair and equitable basis (taking into account the condition of the property as well as the original acquisition cost thereof), and transfer to the State agency property selected by it for distribution through donation within the State - (FOOTNOTE 1) So in original, Probably should be 'on'. (A) to any public agency for use in carrying out or promoting for the residents of a given political area one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety; or (B) to nonprofit educational or public health institutions or organizations, such as medical institutions, hospitals, clinics, health centers, drug abuse treatment centers, providers of assistance to homeless individuals (FOOTNOTE 2) schools, colleges, universities, schools for the mentally retarded, schools for the physically handicapped, child care centers, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, museums attended by the public, and libraries serving free all residents of a community, district, State, or region, which are exempt from taxation under section 501 of title 26, for purposes of education or public health (including research for any such purpose). (FOOTNOTE 2) So in original. Probably should be followed by a comma. The Administrator, in allocating and transferring property under this paragraph, shall give fair consideration, consistently with the established criteria, to expressions of need and interest on the part of public agencies and other eligible institutions within that State, and shall give special consideration to requests by eligible recipients, transmitted through the State agency, for specific items of property. (4)(A) Before property may be transferred to any State agency, such State shall develop, according to State law, a detailed plan of operation, developed in conformity with the provisions of this subsection, which shall include adequate assurance that the State agency has the necessary organizational and operational authority and capability, including staff, facilities, means and methods of financing, and procedures with respect to: accountability, internal and external audits, cooperative agreements, compliance and utilization reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups. The chief executive officer shall certify and submit the plan to the Administrator. 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. No such plan, and no major amendment thereof, shall be filed with the Administrator until sixty days after general notice of the proposed plan or amendment has been published and interested persons have been given at least thirty days during which to submit comments. In developing and implementing the State plan, the relative needs and resources of all public agencies and other eligible institutions within the State shall be taken into consideration. The Administrator may consult with interested Federal agencies for purposes of obtaining their views concerning the administration and operation of this subsection. (B) The State plan shall provide for the fair and equitable distribution of property within such State based on the relative needs and resources of interested public agencies and other eligible institutions within the State and their abilities to utilize the property. (C)(i) The State plan of operation shall require the State agency to utilize a management control system and accounting system for donable property transferred under this section of the same types as are required by State law for State-owned property, except that the State agency, with the approval of the chief executive officer of the State, may elect, in lieu of such systems, to utilize such other management control and accounting systems as are effective to govern the utilization, inventory control, accountability, and disposal of property under this subsection. (ii) The State plan of operation shall require the State agency to provide for the return of donable property for further distribution if such property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for such purposes within one year of being placed in use. (iii) The State plan shall require the State agency, insofar as practicable, to select property requested by a public agency or other eligible institution within the State and, if so requested by the recipient, to arrange shipment of that property, when acquired, directly to the recipient. (D) Where the State agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing such charges shall be set out in the State plan of operation. Such charges shall be fair and equitable and shall be based on services performed by the State agency, including, but not limited to, screening, packing, crating, removal, and transportation. (E) The State plan of operation shall provide that the State agency may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under paragraph (3) of this subsection and shall impose such terms, conditions, reservations, and restrictions in the case of any passenger motor vehicle and any item of other property having a unit acquisition cost of $5,000 or more. If the Administrator finds that an item or items have characteristics that require special handling or use limitations, he may impose appropriate conditions on the donation of such property. (F) The State plan of operation shall provide that surplus property which the State agency determines cannot be utilized by eligible recipients shall be disposed of - (i) subject to the disapproval of the Administrator within thirty days after notice to him, through transfer by the State agency to another State agency or through abandonment or destruction where the property has no commercial value or the estimated cost of its continued care and handling would exceed the estimated proceeds from its sale; or (ii) otherwise pursuant to the provisions of this Act under such terms and conditions and in such manner as may be prescribed by the Administrator. Notwithstanding sections 485 and 512(c) of this title, the Administrator, from the proceeds of sale of any such property, may reimburse the State agency for such expenses relating to the care and handling of such property as he shall deem appropriate. (5) As used in this subsection, (A) the term 'public agency' means any State, political subdivision thereof (including any unit of local government or economic development district), or any department, agency, instrumentality thereof (including instrumentalities created by compact or other agreement between States or political subdivisions), or any Indian tribe, band, group, pueblo, or community located on a State reservation and (B) the term 'State' means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Virgin Islands, Guam, and American Samoa. (k) Disposals by Secretary of Education, Secretary of Health and Human Services, Secretary of the Interior, and Secretary of Defense (1) Under such regulations as he may prescribe, the Administrator is authorized, in his discretion, to assign to the Secretary of Education or the Secretary of Health and Human Services for disposal such surplus real property, including buildings, fixtures, and equipment situated thereon, as is recommended by the Secretary of Education or the Secretary of Health and Human Services as being needed for school, classroom, or other educational use, or for use in the protection of public health, including research. (A) Subject to the disapproval of the Administrator within thirty days after notice to him by the Secretary of Education of a proposed transfer of property for school, classroom, or other educational use, the Secretary of Education through such officers or employees of the Department of Education as he may designate, may sell or lease such real property, including buildings, fixtures, and equipment situated thereon, for educational purposes to the States and their political subdivisions and instrumentalities, and tax-supported educational institutions, and to other nonprofit educational institutions which have been held exempt from taxation under section 501(c)(3) of title 26. (B) Subject to the disapproval of the Administrator within thirty days after notice to him by the Secretary of Health and Human Services of a proposed transfer of property for public-health use, the Secretary of Health and Human Services, through such officers or employees of the Department of Health and Human Services as he may designate, may sell or lease such real property for public-health purposes, including research, to the States and their political subdivisions and instrumentalities, and to tax-supported medical institutions, and to hospitals or other similar institutions not operated for profit which have been held exempt from taxation under section 501(c)(3) of title 26. (C) In fixing the sale or lease value of property to be disposed of under subparagraph (A) and subparagraph (B) of this paragraph, the Secretary of Education and the Secretary of Health and Human Services shall take into consideration any benefit which has accrued or may accrue to the United States from the use of such property by any such State, political subdivision, instrumentality, or institution. (D) 'States' as used in this subsection includes the District of Columbia, the Commonwealth of Puerto Rico, and the Territories and possessions of the United States. (2) Under such regulations as he may prescribe, the Administrator is authorized, in his discretion, to assign to the Secretary of the Interior for disposal, such surplus real property, including buildings, fixtures, and equipment situated thereon, as is recommended by the Secretary of the Interior as needed for use as a public park or recreation area. (A) Subject to the disapproval of the Administrator within thirty days after notice to him by the Secretary of the Interior of a proposed transfer of property for public park or public recreational use, the Secretary of the Interior, through such officers or employees of the Department of the Interior as he may designate, may sell or lease such real property, including buildings, fixtures, and equipment situated thereon, for public park or public recreational purposes to any State, political subdivision, instrumentalities thereof, or municipality. (B) In fixing the sale or lease value of property to be disposed of under subparagraph (A) of this paragraph, the Secretary of the Interior shall take into consideration any benefit which has accrued or may accrue to the United States from the use of such property by any such State, political subdivision, instrumentality, or municipality. (C) The deed of conveyance of any surplus real property disposed of under the provisions of this subsection - (i) shall provide that all such property shall be used and maintained for the purpose for which it was conveyed in perpetuity, and that in the event that such property ceases to be used or maintained for such purpose during such period, all or any portion of such property shall in its then existing condition, at the option of the United States, revert to the United States; and (ii) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Secretary of the Interior to be necessary to safeguard the interests of the United States. (D) 'States' as used in this subsection includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (3) Without monetary consideration to the United States, the Administrator may convey to any State, political subdivision, instrumentalities thereof, or municipality, all of the right, title, and interest of the United States in and to any surplus real and related personal property which the Secretary of the Interior has determined is suitable and desirable for use as a historic monument, for the benefit of the public. No property shall be determined to be suitable or desirable for use as a historic monument except in conformity with the recommendation of the Advisory Board on National Parks, Historic Sites, Buildings and Monuments established by section 463 of title 16, and only so much of any such property shall be so determined to be suitable or desirable for which such use as is necessary for the preservation and proper observation of its historic features. (A) The Administrator may authorize use of any property conveyed under this subsection or the Surplus Property Act of 1944, as amended, for revenue-producing activities if the Secretary of the Interior (i) determines that such 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, and (iii) approves the grantee's plan for financing repair, rehabilitation, restoration, and maintenance of the property. The Secretary shall not approve a financial plan unless it provides that incomes in excess of costs of repair, rehabilitation, restoration, and maintenance shall be used by the grantee only for public historic preservation, park, or recreational purposes. The Administrator may not authorize any uses under this subsection until the Secretary has examined and approved the accounting and financial procedures used by the grantee. The Secretary may periodically audit the records of the grantee, directly related to the property conveyed. (B) The deed of conveyance of any surplus real property disposed of under the provisions of this subsection - (i) shall provide that all such property shall be used and maintained for historical monument purposes in perpetuity, and that in the event that 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 United States, revert to the United States; and (ii) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States. (C) 'States' as used in this subsection, includes the District of Columbia, the Commonwealth of Puerto Rico, and the territories and possessions of the United States. (4) Subject to the disapproval of the Administrator within thirty days after notice to him of any action to be taken under this subsection, except with respect to personal property transferred pursuant to subsection (j) of this section - (A) The (FOOTNOTE 3) Secretary of Education, through such officers or employees of the Department of Education as he may designate, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions, and instrumentalities thereof, and tax-supported and other nonprofit educational institutions for school, classroom, or other educational use; (FOOTNOTE 3) So in original. Probably should not be capitalized. (B) the Secretary of Health and Human Services, through such officers or employees of the Department of Health and Human Services as he may designate, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions and instrumentalities thereof, tax-supported medical institutions, and to hospitals and other similar institutions not operated for profit, for use in the protection of public health (including research); (C) the Secretary of the Interior, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, and pursuant to this Act, to States, political subdivisions, and instrumentalities thereof, and municipalities for use as a public park, public recreational area, or historic monument for the benefit of the public; or (D) the Secretary of Defense, in the case of property transferred pursuant to the Surplus Property Act of 1944, as amended, to States, political subdivisions, and tax-supported instrumentalities thereof for use in the training and maintenance of civilian components of the armed forces. (FOOTNOTE 4) (FOOTNOTE 4) So in original. The period probably should be a comma. is authorized and directed - (i) to determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in any instrument by which such transfer was made; (ii) to reform, correct, or amend any such instrument by the execution of a corrective, reformative or amendatory instrument where necessary to correct such instrument or to conform such transfer to the requirements of applicable law; and (iii) to (I) grant releases from any of the terms, conditions, reservations and restrictions contained in, and (II) convey, quitclaim, or release to the transferee or other eligible user any right or interest reserved to the United States by, any instrument by which such transfer was made, if he determines that the property so transferred no longer serves the purpose for which it was transferred, or that such release, conveyance, or quitclaim deed will not prevent accomplishment of the purpose for which such property was so transferred: Provided, That any such release, conveyance, or quitclaim deed may be granted on, or made subject to, such terms and conditions as he shall deem necessary to protect or advance the interests of the United States. (l) Donations to American Red Cross Under such regulations as he may prescribe, the Administrator is authorized in his discretion to donate to the American National Red Cross, for charitable purposes, such property, which was processed, produced, or donated by the American National Red Cross, as shall have been determined to be surplus property. (m) Possession of abandoned or unclaimed property on Government premises; disposal; claims by former owners The Administrator is authorized to take possession of abandoned and other unclaimed property on premises owned or leased by the Government, to determine when title thereto vested in the United States, and to utilize, transfer or otherwise dispose of such property. Former owners of such property upon proper claim filed within three years from the date of vesting of title in the United States shall be paid the proceeds realized from the disposition of such property or, if the property is used or transferred, the fair value therefor as of the time title was vested in the United States as determined by the Administrator, less in either case the costs incident to the care and handling of such property as determined by the Administrator. (n) Cooperative agreements with State agencies For the purpose of carrying into effect the provisions of subsection (j) of this section, the Administrator or the head of any Federal agency designated by the Administrator, and, with respect to subsection (k)(1) of this section, the Secretary of Education, the Secretary of Health and Human Services, or the head of any Federal agency designated by the Secretary, are authorized to enter into cooperative agreements with State surplus property distribution agencies designated in conformity with subsection (j) of this section. Such cooperative agreements may provide for utilization by such Federal agency, with or without payment or reimbursement, of the property, facilities, personnel, and services of the State agency in carrying out any such program, and for making available to such State agency, with or without payment or reimbursement, property, facilities, personnel, or services of such Federal agency in connection with such utilization. Payment or reimbursement, if any, from the State agency shall be credited to the fund or appropriation against which charges would be made if no payment or reimbursement were received. In addition, under such cooperative agreements and subject to such other conditions as may be imposed by the Administrator, or with respect to subsection (k)(1) of this section by the Secretary of Education or the Secretary of Health and Human Services, any surplus property transferred to the State agency for distribution pursuant to subsection (j)(3) of this section may be retained by the State agency for use in performing its functions. Unless otherwise directed by the Administrator, title to property so retained shall vest in the State agency. (o) Annual reports to Congress and to Administrator by agencies disposing of property; biennial reports to Congress by Administrator; copies to Comptroller General (1) With respect to real and related personal property transferred or conveyed under subsection (p) of this section and real property disposed of under subsection (k) of this section and section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)), the head of each executive agency disposing of such property shall submit during the calendar quarter following the close of each fiscal year a report to the Congress and to the Administrator showing the acquisition cost and the sale or lease value of all real and related personal property so disposed of during the preceding fiscal year. Such reports shall also show transfers or conveyances of property according to State, and may include such other information and recommendations as the Administrator or other executive agency head concerned deems appropriate. (2) Six months after the end of the first full fiscal year after November 5, 1988, and biennially thereafter, the Administrator shall transmit a report to the Congress that covers the initial period from November 5, 1988, and each succeeding biennial period and contains - (A) a full and independent evaluation of the operation of programs for the donation of Federal surplus personal property, (B) statistical information on the amount of excess personal property transferred to Federal agencies and provided to grantees and non-Federal organizations and surplus personal property approved for donation to the State Agencies for Surplus Property and donated to eligible non-Federal organizations during each succeeding biennial period, and (C) such recommendations as the Administrator determines to be necessary or desirable. (3) A copy of each report made under paragraph (2) shall also be simultaneously furnished to the Comptroller General of the United States. The Comptroller General shall review and evaluate the report and make any comments and recommendations to the Congress thereon, as he deems necessary or desirable. (p) Transfer or conveyance of property for correctional facility use; consideration-free transfers; reimbursement for interim transfers; reversion option; terms and conditions (1) Under such regulations as he may prescribe, the Administrator is authorized in his discretion to transfer or convey to the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Mariana Islands, or any political subdivision or instrumentality thereof, surplus real and related personal property determined by the Attorney General to be required for correctional facility use by the authorized transferee or grantee under an appropriate program or project for the care or rehabilitation of criminal offenders as approved by the Attorney General. Transfers or conveyance under this authority shall be made by the Administrator without monetary consideration to the United States. If the Attorney General determines that any surplus property transferred or conveyed pursuant to an agreement entered into between March 1, 1982, and the enactment of this subsection was suitable for transfer or conveyance under this subsection, the Administrator shall reimburse the transferee for any monetary consideration paid to the United States for such transfer or conveyance. (2) The deed of conveyance of any surplus real and related personal property disposed of under the provisions of this subsection - (A) shall provide that all such property shall be used and maintained for the purpose for which it was conveyed in perpetuity, and that in the event 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 United States, revert to the United States; and (B) may contain such additional terms, reservations, restrictions, and conditions as may be determined by the Administrator to be necessary to safeguard the interests of the United States. (3) With respect to surplus real and related personal property conveyed pursuant to this subsection, the Administrator is authorized and directed - (A) to determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in any instrument by which such transfer was made; (B) to reform, correct, or amend any such instrument by the execution of a corrective reformative or amendatory instrument where necessary to correct such instrument or to conform such transfer to the requirements of applicable law; and (C) to (i) grant releases from any of the terms, conditions, reservations, and restrictions contained in, and (ii) convey, quitclaim, or release to the transferee or other eligible user any right or interest reserved to the United States by any instrument by which such transfer was made, if he determines that the property so transferred no longer serves the purpose for which it was transferred, or that such release, conveyance, or quitclaim deed will not prevent accomplishment of the purpose for which such property was so transferred: Provided, That any such release, conveyance, or quitclaim deed may be granted on, or made subject to, such terms and conditions as he or she shall deem necessary to protect or advance the interests of the United States. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 203, 63 Stat. 385; Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; Sept. 5, 1950, ch. 849, Sec. 4, 64 Stat. 579; July 12, 1952, ch. 703, Sec. 1(i), (j), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; June 3, 1955, ch. 130, Sec. 1, 2(a), 3, 5, 6, 69 Stat. 83, 84; Aug. 1, 1955, ch. 442, 69 Stat. 430; July 3, 1956, ch. 513, Sec. 1-3, 70 Stat. 493, 494; Aug. 3, 1956, ch. 942, 70 Stat. 1020; July 2, 1958, Pub. L. 85-486, 72 Stat. 288; July 20, 1961, Pub. L. 87-94, 75 Stat. 213; Oct. 10, 1962, Pub. L. 87-786, 76 Stat. 805; Nov. 8, 1965, Pub. L. 89-348, Sec. 2(4), 79 Stat. 1312; Oct. 22, 1970, Pub. L. 91-485, Sec. 2-4, 84 Stat. 1084, 1085; Aug. 4, 1972, Pub. L. 92-362, Sec. 1, 86 Stat. 503; Pub. L. 90-351, title I, Sec. 525, as added Aug. 6, 1973, Pub. L. 93-83, Sec. 2, 87 Stat. 216; Oct. 17, 1976, Pub. L. 94-519, Sec. 1, 90 Stat. 2451; Oct. 17, 1979, Pub. L. 96-88, title III, Sec. 301(a)(2)(P), (b), title V, Sec. 507, 509(b), 93 Stat. 678, 692, 695; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(15), 95 Stat. 154; Oct. 12, 1984, Pub. L. 98-473, title II, Sec. 701, 702, 98 Stat. 2129, 2130; Aug. 22, 1986, Pub. L. 99-386, title II, Sec. 201, 207, 100 Stat. 822, 823; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095; July 22, 1987, Pub. L. 100-77, title V, Sec. 502(a), 101 Stat. 510; Nov. 5, 1988, Pub. L. 100-612, Sec. 3-5, 102 Stat. 3180, 3181; Nov. 18, 1988, Pub. L. 100-690, title II, Sec. 2081(b), 102 Stat. 4216.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a), (e)(3)(I), (j)(4)(F)(ii), and (k)(4)(A) to (C), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. The Merchant Marine Act, 1936, as amended, referred to in subsec. (i), is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is classified principally to chapter 27 (Sec. 1101 et seq.) of Title 46, Appendix, Shipping. For complete classification of this Act to the Code, see section 1245 of Title 46, Appendix, and Tables. For classification and history of the Surplus Property Act of 1944, as amended, referred to in subsec. (k)(3)(A), (4), see note set out under section 473 of this title. -COD- CODIFICATION In subsec. (k)(1)(A), (B), 'section 501(c)(3) of title 26' substituted for 'section 101(6) of title 26' on authority of section 7852(b) of Title 26, Internal Revenue Code, which provides that a reference in other laws to the Internal Revenue Code of 1939 is deemed a reference to the corresponding provision of the Internal Revenue Code of 1986. November 5, 1988, referred to in subsec. (o)(2), was in the original 'the date of enactment of this paragraph and such effective date', which was translated as meaning the date of enactment of Pub. L. 100-612, which amended subsec. (o) generally, to reflect the probable intent of Congress. Section was formerly classified to section 233 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1988 - Subsec. (e)(3)(E). Pub. L. 100-612, Sec. 4(b), substituted '$15,000' for '$1,000'. Subsec. (e)(5). Pub. L. 100-612, Sec. 3, designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (e)(6). Pub. L. 100-612, Sec. 4(a), amended par. (6) generally. Prior to amendment, par. (6) read as follows: 'Except as otherwise provided by this paragraph, an explanatory statement of the circumstances of each disposal by negotiation of any real or personal property having a fair market value in excess of $1,000 shall be prepared. Each such statement shall be transmitted to the appropriate committees of the Congress in advance of such disposal, and a copy thereof shall be preserved in the files of the executive agency making such disposal. No such statement need be transmitted to any such committee with respect to any disposal of personal property made under paragraph (5) at a fixed price, or to property disposals authorized by any other provision of law to be made without advertising.' Subsec. (j)(3)(B). Pub. L. 100-690 inserted ', drug abuse treatment centers' after 'health centers'. Subsec. (o). Pub. L. 100-612, Sec. 5, amended subsec. (o) generally. Prior to amendment, subsec. (o) read as follows: 'The Administrator with respect to property disposed of under subsection (j) or (p) of this section, and the head of each executive agency disposing of property under subsection (k) of this section, or under section 13(d) or 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(d) or (g)), shall submit during the calendar quarter following the close of each fiscal year 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) showing the acquisition cost of all property so disposed of during the preceding fiscal year. Such reports shall also show disposals of property according to State, and may include such other information and recommendations as the Administrator or other executive agency head concerned deems appropriate.' 1987 - Subsec. (j)(3)(B). Pub. L. 100-77 inserted 'providers of assistance to homeless individuals' after 'health centers,'. 1986 - Subsec. (j)(3)(B). Pub. L. 99-514 substituted 'Internal Revenue Code of 1986' for 'Internal Revenue Code of 1954', which for purposes of codification was translated as 'title 26' thus requiring no change in text. Subsec. (j)(4)(E). Pub. L. 99-386, Sec. 207, substituted '$5,000' for '$3,000'. Subsec. (o). Pub. L. 99-386, Sec. 201, substituted 'with respect to property disposed of under subsection (j) or (p) of this section' for 'with respect to personal property donated under subsection (j) of this section and with respect to real and related personal property transferred or conveyanced under subsection (p) of this section', 'disposing of property under subsection (k) of this section, or under section 13(d) or 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(d) or (g)), shall submit' for 'disposing of real property under subsection (k) of this section, shall submit', 'cost of all property' for 'cost of all personal property so donated and of all real property', and 'show disposals of' for 'show donations and transfers of'. 1984 - Subsec. (o). Pub. L. 98-473, Sec. 702, amended first sentence generally, inserting provisions requiring Administrator to make an annual report to Congress on total acquisition value of all personal and real property transferred pursuant to subsection (p) of this section. Subsec. (p). Pub. L. 98-473, Sec. 701, added subsec. (p). 1981 - Subsec. (i). Pub. L. 97-31 substituted references to the Maritime Administration for reference to the United State Maritime Commission. 1976 - Subsec. (j). Pub. L. 94-519, Sec. 1(1), enlarged activities and types of recipients to be benefited through property donations, permitted transfers to any public agency for use in carrying out or promoting for the residents of a given political area one or more public purposes, such as conservation, economic development, education, parks and recreation, public health, and public safety, provided that in allocating and transferring surplus property the Administrator give fair consideration to expressions of need and interest on the part of public agencies or other eligible institutions within States as transmitted through State agencies, and inserted requirement that there be developed a State plan of operation. Subsec. (k)(4). Pub. L. 94-519, Sec. 1(2), inserted ', except with respect to personal property transferred pursuant to subsection (j) of this section' in provisions preceding subpar. (A) and struck out subpar. (E) which provided for action by the Federal Civil Defense Administrator in the case of property transferred to civil defense organizations of the States or political subdivisions or instrumentalities thereof established by or pursuant to State law. Subsec. (n). Pub. L. 94-519, Sec. 1(3), transferred to the Administrator the authority to enter into cooperative agreements with State agencies to carry out subsecs. (j) of this section or to designate other Federal agency heads to enter into such agreements. Subsec. (o). Pub. L. 94-519, Sec. 1(4), required that the Administrator submit the annual reports concerning donations of personal property formerly submitted by the Secretary of Health, Education, and Welfare, and provided that the reports show donations according to States and include other information and recommendations deemed appropriate by the Administrator. 1973 - Subsec. (n). Pub. L. 93-83 provided for the authority of the Administrator, Law Enforcement Assistance Administration, in connection with cooperative agreements respecting surplus property and for donation of surplus property in any State for purposes of law enforcement programs. 1972 - Subsec. (k)(3), (4). Pub. L. 92-362 added par. (3) and redesignated former par. (3) as (4). 1970 - Subsec. (k)(2), (3). Pub. L. 91-485, Sec. 2, added par. (2) and redesignated former par. (2) as (3). Subsec. (n). Pub. L. 91-485, Sec. 3, substituted '(k)(1)' for (k) in first sentence. Subsec. (o). Pub. L. 91-485, Sec. 4, substituted reference to fiscal year for reference to calendar quarter and struck out reference to distribution to educational or public health institutions in each State, Territory and possession and the requirement that the first report be submitted during the first calendar quarter beginning after the enactment of the subsection. 1965 - Subsec. (o). Pub. L. 89-348 required the Secretary of Health, Education, and Welfare to report semiannually instead of quarterly to the Senate and the House of Representatives with respect to personal property donations to State surplus property agencies and real property disposals to public health and educational institutions. 1962 - Subsec. (j)(3), (7). Pub. L. 87-786 inserted provisions in par. (3) authorizing distribution to schools for the mentally retarded, schools for the physically handicapped, radio and television stations licensed by the Federal Communications Commission as educational radio or educational television stations, and to public libraries, and added par. (7). 1961 - Subsec. (n). Pub. L. 87-94 authorized use by State surplus property distribution agencies of surplus personal property determined to be useful and needed in administering the surplus property donation program. 1958 - Subsec. (e). Pub. L. 85-486 amended subsec. (e) generally to require surplus property to be disposed of by public advertising, except in certain instances where disposal may be made by negotiation, to establish the advertising procedure, to make the authority of the Administrator to dispose of property by negotiation permanent, to provide for disposal of property through contract brokers employed by the Administrator, and to exempt from the requirement of the explanatory statement, negotiated disposals of property with a market value of less than $1,000. 1956 - Subsec. (e). Act Aug. 3, 1956, extended provisions of subsec. (e) from June 30, 1955, to July 31, 1958. Subsec. (j)(1). Act July 3, 1956, Sec. 1, permitted donation of surplus property for civil defense purposes, or for research for educational, public health or civil defense purposes, and restricted donation only to the State agency designated for the purpose of distributing allocated property. Subsec. (j)(2). Act July 3, 1956, Sec. 1, redesignated par. (3) as (2), and permitted disposal for civil defense purposes. Former par. (2) redesignated (3). Subsec. (j)(3). Act July 3, 1956, Sec. 1, redesignated par. (2) as (3), and struck out provisions authorizing distribution to State departments of health or education, required transfer by Administrator to the State agency designated for the purpose of distributing allocated property, and substituted 'section 501(c)(3) of Title 26, Internal Revenue Code of 1954' for 'section 101(6) of Title 26, Internal Revenue Code'. Former par. (3) redesignated (2). Subsec. (j)(4). Act July 3, 1956, Sec. 1, added par. (4), and redesignated former par. (4) as (5). Subsec. (j)(5), (6). Act July 3, 1956, Sec. 1, redesignated par. (4) as (5), and included the Federal Civil Defense Administrator and property donated under par. (4). Former par. (5) redesignated (6). Subsec. (k)(2)(E). Act July 3, 1956, Sec. 2, added subpar. (E). Subsec. (n). Act July 3, 1956, Sec. 3, permitted the Federal Civil Defense Administrator to enter into cooperative agreements with State surplus property distribution agencies. 1955 - Subsec. (j)(1). Act June 3, 1955, Sec. 1(a), 6(b), permitted donation of property acquired from working-capital or similar funds, and substituted 'any State' for 'the States, Territories, and possessions'. Subsec. (j)(2). Act June 3, 1955, Sec. 1(b), 6(a), restricted transfer of property until the Secretary of Health, Education, and Welfare has received a certification that such property is usable and needed for educational or public health purposes, and substituted 'Secretary of Health, Education, and Welfare' for 'Federal Security Administrator'. Subsec. (j)(4), (5). Act June 3, 1955, Sec. 2(a), 6(b), added pars. (4) and (5). Subsec. (k). Act June 3, 1955, Sec. 6(a)(c), substituted 'Secretary of Health, Education, and Welfare' for 'Federal Security Administrator', and 'Department of Health, Education, and Welfare' for 'Federal Security Agency', wherever appearing, and included the Commonwealth of Puerto Rico in definition of 'States'. Subsec. (l). Act Aug. 1, 1955, added subsec. (l), redesignated former subsec. (l) as (m). Subsec. (m). Act Aug. 1, 1955, redesignated subsec. (l) as (m). Former subsec. (m) redesignated (n). Act June 3, 1955, Sec. 3, added subsec. (m). Subsec. (n). Act Aug. 1, 1955, redesignated subsec. (m) as (n). Former subsec. (n) redesignated (o). Act June 3, 1955, Sec. 5, added subsec. (n). Subsec. (o). Act Aug. 1, 1955, redesignated subsec. (n) as (o). 1954 - Subsec. (e). Act July 14, 1954, substituted 'June 30, 1955' for 'June 30, 1954'. 1953 - Subsec. (e). Act Aug. 8, 1953, substituted 'June 30, 1954' for 'June 30, 1953'. 1952 - Subsec. (e). Act July 12, 1952, Sec. 1(i), extended time for disposal of surplus property without advertising from Dec. 31, 1950, to June 30, 1953, and required a report to Congress. Subsec. (k)(2)(iii). Act July 12, 1952, Sec. 1(j), substituted 'transferred, or that' for 'transferred, and that'. 1950 - Subsec. (j)(1), (2). Act Sept. 5, 1950, authorized the Administrator in his discretion to donate surplus personal property, such as equipment, materials, books, or other supplies for public health purposes. EFFECTIVE DATE OF 1976 AMENDMENT Section 9 of Pub. L. 94-519 provided that: 'The provisions of this Act (enacting sections 476, 483c, 484c and 493 of this title, amending this section and sections 483 and 512 of this title, repealing section 3193 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under this section) shall become effective one year after the date of enactment of this Act (Oct. 17, 1976).' EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see section 3 of Pub. L. 93-83, set out as a note under section 3701 of Title 42, The Public Health and Welfare. EFFECTIVE DATE OF 1956 AMENDMENT Section 5 of act July 3, 1956, provided that: '(a) Except as provided by subsection (b), the amendments made by this Act (amending this section) shall become effective on the first day of the first month beginning after the date of enactment of this Act (July 3, 1956). '(b) In the case of any State which on the date of enactment of this Act (July 3, 1956) has not designated a single State agency for the purpose of distributing surplus property pursuant to subsection 203(j) of the Federal Property and Administrative Services Act of 1949, as amended (subsec. (j) of this section), transfers of such property may be made by the Administrator of General Services under such subsection, as amended by this Act, to the State agency heretofore designated in such State to distribute property in conformity with such subsection for purposes of education and public health to the extent that such agency is authorized under State law to receive and distribute any class of property transferred pursuant to such subsection, or in the absence of any such agency or in the absence of authority of such agency to receive and distribute any such class of property, to any State agency or official authorized under State law to receive and distribute such property, until ninety calendar days have passed after the close of the first regular session of the legislature of such State beginning after the date of enactment of this Act.' EFFECTIVE DATE OF 1955 AMENDMENT Section 2(b) of Act June 3, 1955, provided that: 'The amendment made by subsection (a) (amending this section) shall apply only with respect to property donated after the date of enactment of this Act (June 3, 1955).' SAVINGS PROVISIONS; PRIOR RESTRICTIONS, TERMS, AND CONDITIONS Section 2 of Pub. L. 94-519 provided that: 'Except to the extent that the Administrator of General Services, in the case of specific items or categories of property, has determined otherwise, no term, condition, reservation, or restriction imposed pursuant to subsection (j)(5) of section 203 of the Federal Property and Administrative Services Act of 1949 (subsec. (j)(5) of this section) (as in effect prior to the date of enactment of this Act (Oct. 17, 1976), on the use of any item of personal property donated pursuant to subsection (j)(3) or (j)(4) of section 203 (subsec. (j)(3) or (j)(4) of this section) prior to the effective date of this Act (Oct. 17, 1977) as provided in section 9(a) (set out as an Effective Date of 1976 Amendment note above) shall remain in effect beyond the thirtieth day after such effective date. This section shall not be deemed to terminate any civil or criminal liability arising out of a violation of such a term, condition, reservation, or restriction which occurred prior to such effective date if a judicial proceeding to enforce such liability is pending on such effective date, or is commenced within one year after such date.' -TRANS- TRANSFER OF FUNCTIONS References to the Secretary of Education, Department of Education, Secretary of Health and Human Services, and Department of Health and Human Services were substituted, as appropriate, for 'Secretary of Health, Education, and Welfare' and 'Department of Health, Education, and Welfare' in subsecs. (k)(1), (4)(A), (B), and (n) pursuant to sections 301(a)(2)(P), (b), 507, and 509(b) of Pub. L. 96-88, which are classified to sections 3441(a)(2)(P), (b), 3507, and 3508(b) of Title 20, Education, and which transferred functions (with respect to donations of surplus property for educational purposes under subsec. (k) of this section) and offices (relating to education) of the Secretary and Department of Health, Education, and Welfare to the Secretary and Department of Education, and redesignated the Secretary and Department of Health, Education, and Welfare as the Secretary and Department of Health and Human Services. -MISC5- 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. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. DONATION OF SURPLUS PROPERTY TO STATE AGRICULTURAL EXTENSION AGENCIES Pub. L. 86-570, July 5, 1960, 74 Stat. 307, provided: 'That, notwithstanding any provision of the Federal Property and Administrative Services Act of 1949, as amended (see Short Title note set out under section 471 of this title), or any other law, the Postmaster General and the Administrator of General Services are hereby authorized and directed to transfer, as soon as practicable after date of enactment hereof (July 5, 1960), without cost, to any State or county agency engaged in cooperative agricultural extension work pursuant to the Act of May 8, 1914, as amended (7 U.S.C. 341-348), for the use of such agency, all right, title, and interest in and to any office equipment, materials, books, or other supplies (whether or not capitalized in a working capital fund established under section 405 of the National Security Act of 1947, as amended (section 172d of former title 5, Executive Departments and Government Officers and Employees, and now covered by section 2208 of Title 10, Armed Forces), or any similar fund) which have heretofore been assigned for use to any such State or county agency by the Post Office Department (now the United States Postal Service) or the General Services Administration, respectively.' TERMINATION OF PRIOR RESTRICTIONS Section 4 of act June 3, 1955, provided that: '(a) In the case of personal property donated or sold at a discount for educational, public health or memorial purposes, including research, under any provision of law enacted prior to the enactment of the Federal Property and Administrative Services Act of 1949 (see Short Title note set out under section 471 of this title), no term, condition, reservation, or restriction imposed on the use of such property shall remain in effect after the date of the enactment of this Act (June 3, 1955). This subsection shall not be deemed to terminate any civil or criminal liability arising out of a violation of such a term, condition, reservation, or restriction which occurred prior to the enactment of this Act, if a judicial proceeding to enforce such liability is pending at the time of, or commenced within one year after the enactment of this Act. '(b) No term, condition, reservation, or restriction imposed upon the use of any single item of property donated under section 203(j) of the Federal Property and Administrative Services Act of 1949 (subsec. (j) of this section) prior to the enactment of this Act (June 3, 1955) which has an acquisition cost of less than $2,500 shall remain in effect after the expiration of the one-year period which begins on the date of the enactment of this Act (June 3, 1955). This subsection shall not be deemed to terminate any civil or criminal liability arising out of a violation of such a term, condition, reservation, or restriction if (1) such violation occurred prior to the expiration of such one-year period and (2) a judicial proceeding to enforce such liability is pending at the time of enactment of this Act or is commenced not later than one year after the expiration of such one-year period.' -CROSS- CROSS REFERENCES Eligibility of State and local agencies and nonprofit organizations and institutions receiving funds appropriated for programs for older individuals to receive surplus property, see section 3020d of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 475, 481, 483, 483c, 484c, 483d, 490, 512 of this title; title 8 section 1324; title 10 section 2577; title 20 section 3441; title 22 section 2358; title 42 sections 11411, 11412; title 45 section 1212; title 49 App. section 2433. ------DocID 44301 Document 547 of 816------ -CITE- 40 USC Sec. 484-1 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 484-1. Transfer of miscellaneous books to District Public Library -STATUTE- Any books of a miscellaneous character no longer required for the use of any executive department, or bureau, or commission of the Government, and not deemed an advisable addition to the Library of Congress, shall, if appropriate to the uses of the Free Public Library of the District of Columbia, subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), be turned over to that library for general use as a part thereof. -SOURCE- (Feb. 25, 1903, ch. 755, Sec. 1, 32 Stat. 865; Oct. 31, 1951, ch. 654, Sec. 2(1), 65 Stat. 706.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Regulations provisions of the Act are contained in section 486 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was not enacted as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. Section was formerly classified to section 110 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Section is also classified to section 37-109 of the District of Columbia Code. -CROSS- CROSS REFERENCES Transfer by Librarian of Congress of books to other libraries, see section 149 of Title 2, The Congress. ------DocID 44302 Document 548 of 816------ -CITE- 40 USC Sec. 484a -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 484a. Omitted -COD- CODIFICATION Section, Pub. L. 86-626, title I, Sec. 101, July 12, 1960, 74 Stat. 434, which provided for disposal of surplus real estate and buildings by local governmental units under a comprehensive and coordinated plan of use and procurement, was from the Independent Offices Appropriation Act, 1961, and was not repeated in subsequent appropriation acts. ------DocID 44303 Document 549 of 816------ -CITE- 40 USC Sec. 484b -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 484b. Repealed. Pub. L. 98-181, title I, Sec. 126(a)(1), Nov. 30, 1983, 97 Stat. 1175 -MISC1- Section, Pub. L. 91-152, title IV, Sec. 414, Dec. 24, 1969, 83 Stat. 400; Pub. L. 91-609, title IX, Sec. 919, Dec. 31, 1970, 84 Stat. 1816; Pub. L. 95-557, title III, Sec. 317, Oct. 31, 1978, 92 Stat. 2100; Pub. L. 96-399, title V, Sec. 504, Oct. 8, 1980, 94 Stat. 1669, related to transfer of surplus real property to Secretary of Housing and Urban Development or the Secretary of Agriculture for sale or lease. TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983; CONTINUING APPLICATION OF SUBSEC. (B) Section 126(a)(2) and (3) of Pub. L. 98-181 provided that: '(2) Notwithstanding paragraph (1) (repealing this section), 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 (this section) 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) 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).' ------DocID 44304 Document 550 of 816------ -CITE- 40 USC Sec. 484c -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 484c. Transfer of personnel and other resources from Department of Health, Education, and Welfare to General Services Administration by Director of Office of Management and Budget -STATUTE- (a) So much of the personnel, property, records, and unexpended balance of appropriations, allocations, and other funds as are, in the judgment of the Director of the Office of Management and Budget, employed, used, held, available, or to be made available in relation to those personal property functions which the Secretary of Health, Education, and Welfare was authorized to perform under section 484 of this title immediately prior to October 17, 1976, and which under this Act become vested in the Administrator of General Services shall be transferred to the General Services Administration at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Director of the Office of Management and Budget deems necessary to effectuate transfers referred to in subsection (a) of this section shall be carried out in such manner as the Director shall direct. -SOURCE- (Pub. L. 94-519, Sec. 7, Oct. 17, 1976, 90 Stat. 2456.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 94-519, Oct. 17, 1976, 90 Stat. 2451, which enacted sections 476, 483c, 484c, and 493 of this title; amended sections 483, 484, and 512 of this title; repealed section 3193 of Title 42, The Public Health and Welfare; and enacted provisions set out as notes under section 484 of this title. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION Section was not enacted as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -MISC3- EFFECTIVE DATE Section effective Oct. 17, 1977, see section 9 of Pub. L. 94-519, set out as an Effective Date of 1976 Amendment note under section 484 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of Health, Education, and Welfare under section 484(k) of this title, with respect to donations of surplus property for educational purposes, transferred to Secretary of Education pursuant to Pub. L. 96-88, title III, Sec. 301(a)(2)(P), Oct. 17, 1979, 93 Stat. 677, which is classified to section 3441(a)(2)(P) of Title 20, Education. ------DocID 44305 Document 551 of 816------ -CITE- 40 USC Sec. 484d -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 484d. Donation of forfeited vessels -STATUTE- (a) Eligible institutions; certification Whenever a vessel is forfeited to the United States, the vessel may be donated, in accordance with procedures under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), to an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program, if the institution has certified to the Federal officer referred to in subsection (b) of this section that the program includes at a minimum the following courses in vessel safety: (1) vessel stability; (2) firefighting; (3) shipboard first aid; (4) marine safety and survival; and (5) seamanship rules of the road. (b) Terms and conditions The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the Federal officer making such donation, including requirements that - (1) the educational institution must accept the vessel as is, where it is, and without warranty of any kind and without any representation as to its condition or suitability for use. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period probably should be a semicolon. (2) the educational institution shall be responsible for maintaining the vessel; (3) the vessel shall be used only for instructing students in vessel safety education and training programs; (4) if the vessel is eligible to be documented, it must be documented by the educational institution as a vessel of the United States under chapter 121 of title 46, and the requirements of paragraph (5) of this subsection shall be noted on the permanent record of the vessel; (5) the educational institution must obtain the prior approval of the Administrator of General Services before disposing of the vessel, and any proceeds from the disposal of the vessel shall be payable to the United States Government; and (6) the vessel shall be inspected or regulated in the same manner as a nautical school vessel under chapter 33 of title 46. (c) United States liability The United States shall not be liable in an action arising out of the transfer or use of a vessel that has been transferred under this section. -SOURCE- (Pub. L. 99-640, Sec. 13(a)-(c), Nov. 10, 1986, 100 Stat. 3551.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 46 sections 2101, 3305. ------DocID 44306 Document 552 of 816------ -CITE- 40 USC Sec. 485 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 485. Proceeds from transfer, sale, etc., of property -STATUTE- (a) Disposition of receipts All proceeds under this subchapter from any transfer of excess property to a Federal agency for its use, or from any sale, lease, or other disposition of surplus property, shall be covered into the Treasury as miscellaneous receipts, except as provided in subsections (b), (c), (d), (e), and (h) of this section. (b) Deposit of proceeds from sales; use; report Except as provided in subsection (h) of this section, all the proceeds of such dispositions of surplus real and related personal property made by the Administrator of General Services shall be set aside in a separate fund in the Treasury. Not more than an amount to be determined quarterly by the Director of the Office of Management and Budget may be obligated from such fund by the Administrator to pay the direct expenses incurred for the utilization of excess property and the disposal of surplus property under this Act for fees of appraisers, auctioneers, and realty brokers, for costs of environmental and historic preservation services, and for advertising and surveying. Such payments from this fund may be used either to pay such expenses directly or to reimburse the fund or appropriation initially bearing such expenses. Fees paid to appraisers, auctioneers, and brokers shall be in accordance with the scale of fees customarily paid for such services in similar commercial transactions, and in no event shall more than 12 per centum of the proceeds of all dispositions within each fiscal year of surplus real and related personal property be paid out of such proceeds under this authorization to meet direct expenses incurred in connection with such dispositions. Periodically, but not less often than once each year, any excess funds beyond current operating needs shall be transferred from the fund to miscellaneous receipts: Provided, That a report of receipts, disbursements, and transfers to miscellaneous receipts under this authorization shall be made annually in connection with the budget estimates to the Director of Office of Management and Budget and to the Congress. (c) Credit to reimbursable fund or appropriation on certain transactions Where the property transferred or disposed of was acquired by the use of funds either not appropriated from the general fund of the Treasury or appropriated therefrom but by law reimbursable from assessment, tax, or other revenue or receipts, then the net proceeds of the disposition or transfer shall be credited to the reimbursable fund or appropriation or paid to the Federal agency which determined such property to be excess: Provided, That the proceeds shall be credited to miscellaneous receipts in any case when the agency which determined the property to be excess shall deem it uneconomical or impractical to ascertain the amount of net proceeds. As used in this subsection, the term 'net proceeds of the disposition or transfer' means the proceeds of the disposition or transfer minus all expenses incurred for care and handling and disposition or transfer. (d) Special account deposits Any Federal agency disposing of surplus property under this subchapter (1) may deposit, in a special account with the Treasurer of the United States, such amount of the proceeds of such dispositions as it deems necessary to permit appropriate refunds to purchasers when any disposition is rescinded or does not become final, or payments for breach of any warranty, and (2) may withdraw therefrom amounts so to be refunded or paid, without regard to the origin of the funds withdrawn. (e) Sale proceeds offset against price or cost of contractor's work Where any contract entered into by an executive agency or any subcontract under such contract authorizes the proceeds of any sale of property in the custody of the contractor or subcontractor to be credited to the price or cost of the work covered by such contract or subcontract, the proceeds of any such sale shall be credited in accordance with the contract or subcontract. (f) Acceptance of property in lieu of cash Any executive agency entitled to receive cash under any contract covering the lease, sale or other disposition of surplus property may in its discretion accept, in lieu of cash, any property determined by the President to be strategic or critical material at the prevailing market price thereof at the time the cash payment or payments became or become due. (g) Management of credit, leases, and permits on property Where credit has been extended in connection with any disposition of surplus property under this subchapter or by War Assets Administration (or its predecessor agencies) under the Surplus Property Act of 1944, or where such disposition has been by lease or permit, the Administrator shall administer and manage such credit, lease, or permit, and any security therefor, and may enforce, adjust, and settle any right of the Government with respect thereto in such manner and upon such terms as he deems in the best interest of the Government. (h) Property under control of a military department (1) If the Secretary of a military department determines that real property, and improvements thereon, under the control of that department (other than property at a military installation designated for closure or realignment) is excess to the needs of that department, the Secretary of Defense shall provide that the property be made available for transfer without reimbursement to the other military departments within the Department of Defense. If the property is not transferred to another military department, the Secretary of the military department concerned shall request the Administrator to transfer or dispose of such property in accordance with the provisions of this Act, section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)), or other applicable law. (2) The Administrator shall deposit any proceeds (less expenses of transferring or disposing of the property as provided in subsection (b) of this section) in a special account in the Treasury of the United States. The amount deposited in such account with respect to the transfer or disposal of any such property shall be available, to the extent provided in appropriation Acts, as follows: (A) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the property is located. (B) 50 percent of such amount shall be 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. (3) As part of the annual request for authorizations of appropriations to the Committees on Armed Services of the Senate and of the House of Representatives, the Secretary of Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal year preceding the fiscal year in which the request is made, including a detailed explanation of each such transfer and disposal and of the use of the proceeds received from it by the Department of Defense. (4) For purposes of this subsection, the term 'military installation' shall have the meaning given that term in section 2687(e)(1) of title 10. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 204, 63 Stat. 388; Aug. 31, 1954, ch. 1178, 68 Stat. 1051; Sept. 1, 1959, Pub. L. 86-215, 73 Stat. 446; July 30, 1979, Pub. L. 96-41, Sec. 3(d), 93 Stat. 325; Nov. 5, 1988, Pub. L. 100-612, Sec. 6, 102 Stat. 3181; Nov. 5, 1990, Pub. L. 101-510, div. B, title XXVIII, Sec. 2805, 104 Stat. 1786.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (b) and (h)(1), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. For classification and history of the Surplus Property Act of 1944, referred to in subsec. (g), see note set out under section 473 of this title. -COD- CODIFICATION Section was formerly classified to section 234 of Title 41, Public Contracts. -MISC3- PRIOR PROVISIONS Provisions similar to those comprising subsec. (a) of this section were contained in act June 30, 1949, ch. 286, title I, Sec. 101, 63 Stat. 363; June 30, 1949, ch. 288, title I, Sec. 102(a), 63 Stat. 380, which was classified to section 314a of this title. AMENDMENTS 1990 - Subsec. (a). Pub. L. 101-510, Sec. 2805(1), substituted 'subsections (b), (c), (d), (e), and (h)' for 'subsections (b), (c), (d), and (e)'. Subsec. (b). Pub. L. 101-510, Sec. 2805(2), substituted 'Except as provided in subsection (h) of this section, all the proceeds' for 'All the proceeds'. Subsec. (h). Pub. L. 101-510, Sec. 2805(3), added subsec. (h). 1988 - Subsec. (b). Pub. L. 100-612 substituted 'Office of Management and Budget' for 'Bureau of the Budget' in two places and inserted 'for costs of environmental and historic preservation services,' after 'realty brokers,'. 1979 - Subsec. (f). Pub. L. 96-41 substituted 'the President' for 'the Munitions Board'. 1959 - Subsec. (b). Pub. L. 86-215 substituted 'utilization of excess property and the disposal' for 'dispositions' in second sentence. 1954 - Subsecs. (b) to (g). Act Aug. 31, 1954, added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively. -TRANS- TRANSFER OF FUNCTIONS War Assets Administration abolished June 30, 1949, and its functions transferred for liquidation to General Services Administration by act June 30, 1949, ch. 288, Sec. 105, 63 Stat. 381. DELEGATION OF FUNCTIONS Functions of President under subsec. (f) of this section 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. -CROSS- CROSS REFERENCES Crediting of proceeds from sales of surplus property to miscellaneous receipts of the Treasury, see section 460l-5 of Title 16, Conservation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 483, 484, 490, 513 of this title; title 10 section 2831; title 16 section 460l-5; title 49 App. section 2433. ------DocID 44307 Document 553 of 816------ -CITE- 40 USC Sec. 485a -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 485a. Payment of expenses of sales from proceeds -STATUTE- Subject to applicable regulations under the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), from the proceeds of sales of old material, condemned stores, supplies, or other public property of any kind, before being deposited into the Treasury, 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, there may be paid the expenses of such sales, as approved by the General Accounting Office, so as to require only the net proceeds of such sales to be deposited into the Treasury, either as miscellaneous receipts or to the credit of such appropriations, as the case may be. -SOURCE- (June 8, 1896, ch. 373, 29 Stat. 268; June 10, 1921, ch. 18, title III, Sec. 304, 42 Stat. 24; Oct. 31, 1951, ch. 654, Sec. 2(20), 65 Stat. 707.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of the Act relating to management and disposal of government property are classified to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was a provision of the Deficiency Appropriation Act for the fiscal year 1896. Section was formerly classified to section 489 of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97-258, Sec. 1, Sept. 13, 1982, 96 Stat. 877. -MISC3- AMENDMENTS 1951 - Act Oct. 31, 1951, inserted reference to applicable regulations of Federal Property and Administrative Services Act of 1949, as amended. -TRANS- TRANSFER OF FUNCTIONS 'General Accounting Office' substituted in text for 'accounting officers of the Treasury' pursuant to act June 10, 1921, which transferred all powers and duties of Comptroller, six auditors, and certain other employees of the Treasury to General Accounting Office. See section 701 et seq. of Title 31, Money and Finance. ------DocID 44308 Document 554 of 816------ -CITE- 40 USC Sec. 486 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 486. Policies, regulations, and delegations -STATUTE- (a) Promulgation by President The President may prescribe such policies and directives, not inconsistent with the provisions of this Act, as he shall deem necessary to effectuate the provisions of said Act, which policies and directives shall govern the Administrator and executive agencies in carrying out their respective functions hereunder. (b) Accounting principles and standards The Comptroller General after considering the needs and requirements of the executive agencies shall prescribe principles and standards of accounting for property, cooperate with the Administrator and with the executive agencies in the development of property accounting systems, and approve such systems when deemed to be adequate and in conformity with prescribed principles and standards. From time to time the General Accounting Office shall examine such property accounting systems as are established by the executive agencies to determine the extent of compliance with prescribed principles and standards and approved systems, and the Comptroller General shall report to the Congress any failure to comply with such principles and standards or to adequately account for property. (c) Regulations by Administrator The Administrator shall prescribe such regulations as he deems necessary to effectuate his functions under this Act, and the head of each executive agency shall cause to be issued such orders and directives as such head deems necessary to carry out such regulations. (d) Delegation and redelegation of authority by Administrator; exceptions The Administrator is authorized to delegate and to authorize successive redelegation of any authority transferred to or vested in him by this Act (except for the authority to issue regulations on matters of policy having application to executive agencies, the authority contained in section 754 of this title, and except as otherwise provided in this Act) to any official in the General Services Administration or to the head of any other Federal agency. (e) Delegation of functions by Administrator With respect to any function transferred to or vested in the General Services Administration or the Administrator by this Act, the Administrator may (1) direct the undertaking of its performance by the General Services Administration or by any constituent organization therein which he may designate or establish; or (2) designate and authorize any executive agency to perform such function for itself; or (3) designate and authorize any other executive agency to perform such function; or (4) provide for such performance by any combination of the foregoing methods. Any designation or assignment of functions or delegation of authority to another executive agency under this section shall be made only with the consent of the executive agency concerned or upon direction of the President. (f) Transfer of personnel, property, funds, etc., to agency receiving delegated functions When any executive agency (including the General Services Administration and constituent organizations thereof) is authorized and directed by the Administrator to carry out any function under this Act, the Administrator may, with the approval of the Director of the Office of Management and Budget, provide for the transfer of appropriate personnel, records, property, and allocated funds of the General Services Administration, or of such other executive agency as has theretofore carried out such function, to the executive agency so authorized and directed. (g) Establishment of advisory committees; compensation; expenses The Administrator may establish advisory committees to advise with him with respect to any function transferred to or vested in the Administrator by this Act. The members thereof shall serve without compensation but shall be entitled to transportation and not to exceed $25 per diem in lieu of subsistence, as authorized by section 5703 of title 5, for persons so serving. (h) Consultations between Administrator and Federal agencies The Administrator shall advise and consult with interested Federal agencies with a view to obtaining their advice and assistance in carrying out the purposes of this Act. (i) Administration of oaths by certain officers and employees If authorized by the Administrator, officers and employees of the General Services Administration having investigatory functions are empowered, while engaged in the performance of their duties in conducting investigations, to administer oaths to any person. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 205, 63 Stat. 389; Sept. 5, 1950, ch. 849, Sec. 9, 64 Stat. 591; Aug. 31, 1962, Pub. L. 87-619, 76 Stat. 414; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c) to (h), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION In subsec. (g), 'section 5703 of title 5' substituted for 'section 5 of the Act of August 2, 1946 (5 U.S.C. 73b-2)' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section was formerly classified to section 235 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1962 - Subsec. (i). Pub. L. 87-619 added subsec. (i). 1950 - Subsec. (h). Act Sept. 5, 1950, substituted 'this Act' for 'this subchapter'. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -MISC5- TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. MODIFICATION OF POLICIES, PROCEDURES, AND DIRECTIVES To all executive agencies: By virtue of the authority vested in me by section 205(a) of the Act entitled 'An Act to simplify the procurement, utilization and disposal of Government property to reorganize certain agencies of the Government, and for other purposes,' approved June 30, 1949 (the Federal Property and Administrative Services Act of 1949) (subsec. (a) of this section) it is hereby directed that: 1. In cooperation with other interested agencies, the Administrator of General Services shall institute studies and surveys to determine the extent to which existing policies, procedures and directives heretofore promulgated and remaining in force under section 501 of the Act (section 473 of this title) should be modified or revoked in the interest of promoting greater economy and efficiency in accomplishing the purposes of this Act. Careful attention shall be given to determining the degree of centralization in the General Services Administration to be attained in the performance of the functions involved. When these studies and surveys have been completed and after consulting with the interested agencies, the Administrator shall prescribe such regulations as may be necessary to implement the determinations resulting from such studies and surveys. 2. After consultation with the Bureau of the Budget (now the Office of Management and Budget) and other Executive agencies, and also with the General Accounting Office in respect of such matters as may be appropriate, including matters affecting its functions under sections 205(b) and 206(c) of the Act (subsec. (b) of this section and section 487(c) of this title), and at the earliest possible date, the Administrator of General Services shall establish such standards, prescribe such regulations, and prepare and issue such manuals and procedures as may be necessary to guide all Executive agencies in ascertaining whether their operations in the field of property and records management are efficient and economical as well as consistent with established Government policies. 3. In accordance with directives to be issued by the Administrator of General Services, each Executive agency shall promptly institute surveys to determine excess personal property and that portion of excess real property, including unimproved property, under their control which might be suitable for office, storage, and related facilities, and shall promptly report to the Administrator as soon as each survey is completed. 4. Each Executive agency shall carefully plan and schedule its requirements for supplies, equipment, materials and all other personal property in order that necessary stocks may be maintained at minimum levels and high-cost small-lot purchasing avoided. 5. Under section 201(c) of the Act (section 481(c) of this title) Executive agencies are permitted to apply exchange allowances and proceeds of sale in payment of property acquired. The Administrator shall promptly prescribe regulations specifying the extent to which Executive agencies may exercise this authority, and pending the issuance of such regulations, no Executive agency shall exercise this authority except to the extent permitted by, and in accordance with the provisions of, statutes in force prior to the taking effect of this Act. 6. Section 502(d) of the Act (section 474 of this title) provides that certain programs and functions now being carried on by various Executive agencies shall not be impaired or affected by the provisions of the Act. However, the attention of these agencies is called specifically to the purposes of this legislation and they shall, insofar as practicable, procure, utilize and dispose of property in accordance with the provisions of the Act, and the regulations issued thereunder in order that the greatest overall efficiency and economy may be effected. These same agencies shall also cooperate with the Administrator of General Services in the making of surveys of property and property management practices and in the establishment of inventory levels as provided in section 206(a)(1) and (2) of the Act (section 487(a)(1), and (2) of this title). Harry S Truman. TERMINATION OF WAGE AND PRICE REGULATORY PROGRAM For provisions relating to the termination of the wage and price regulatory program, see Ex. Ord. No. 12288, Jan. 29, 1981, 46 F.R. 10135, set out as a note under section 1904 of Title 12, Banks and Banking. -EXEC- EX. ORD. NO. 10579. INTERAGENCY MOTOR-VEHICLE POOLS AND SYSTEMS Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided: Section 1. Purpose and general policy. (a) The purpose of these regulations is to establish policies and procedures under which interagency motor-vehicle pools or systems may be established, operated, curtailed, or discontinued. (b) The Administrator of General Services (hereinafter referred to as the Administrator) shall establish and provide for the operation of interagency motor-vehicle pools and systems for the purpose of providing more efficient or economical transportation of Government personnel and property within specific areas by motor vehicles or local transit systems. Pools or systems based in whole or in part upon use of privately-owned vehicles and facilities shall be preferred to Government ownership of vehicles and facilities to the extent that it is feasible to provide required motor-vehicle services of satisfactory quality and cost from commercial or other private sources. Sec. 2. Conduct of studies to determine advisability of establishing motor-vehicle pools or systems. (a) The Administrator shall select areas in which studies are to be conducted to determine the advisability of establishing motor-vehicle pools or systems. Before initiating any such study, he shall give at least thirty days notice to the head of each executive agency (as defined in section 3(a) of the Act) (section 472(a) of this title). The notice shall include a statement of the approximate geographic area to be studied and the date on which the study will begin. (b) The head of each executive agency receiving notice that such a study is to be made shall provide information which is required or pertinent. He shall also designate one or more officials in the field with whom members of a staff assigned by the General Services Administration may consult. Such designated officials shall provide such assigned staff with needed information and assistance, including reasonable opportunities to observe motor-vehicle operations and facilities and to examine pertinent cost and other records. Sec. 3. Determination to establish an interagency motor-vehicle pool or system. (a) If the Administrator determines, with due regard to the program activities of the agencies concerned, and on the basis of a study made in accordance with section 2 hereof, that an interagency motor-vehicle pool or system should be established, he shall be responsible for preparing a formal determination to that effect. Such determination shall include: (1) A description of the proposed operation, including a statement of the types of service and of the geographic area, and the agencies or parts of agencies to be served. (2) The name of the executive agency designated to be responsible for operating the pool or system, and the reasons for such designation. (3) A statement indicating the motor vehicles and related equipment and supplies to be transferred and the amount of reimbursement, if any, to be made therefor. (b) Each determination shall be accompanied by an analytical justification which shall include a comparison of estimated costs of the present and proposed methods of operation and a showing of the estimated savings to be realized through the establishment of the proposed pool or system. The justification shall also describe the alternatives considered in making the determination, and shall include a statement concerning the availability of privately-owned facilities and equipment, and the feasibility and estimated cost (immediate and long-term) of using such facilities and equipment. (c) The Administrator shall send a copy of each determination to each executive agency affected and to the Director of the Bureau of the Budget (now the Director of the Office of Management and Budget) (hereinafter referred to as the Director). Sec. 4. Transfers of records, facilities, personnel, and appropriations. Whenever the Administrator prepares a determination as set forth in section 3 of these regulations, he shall also prepare and present to the Director a schedule of the proposed transfer of such records, facilities, personnel, and appropriations as relate primarily to the functions which are to be transferred to the interagency motor-vehicle pool or system. A copy of such schedule shall be sent by the Administrator to each executive agency affected. The Director shall determine the records, facilities, personnel, and appropriations to be transferred. Sec. 5. Taking effect of determinations. Unless a greater time is allowed therein, any determination made by the Administrator shall become binding on all affected executive agencies forty-five days after the issuance thereof except with respect to any agency which appeals, or requests an exemption, from any such determination in accordance with section 6 of these regulations. Sec. 6. Review of determinations not agreed to by agencies affected. (a) Any executive agency may appeal or request exemption from any or all proposals affecting it which are contained in a determination. Appeals shall be submitted in writing to the Director with a copy to the Administrator within forty-five days from the date of the determination. Such appeals shall be accompanied by factual and objective supporting data and justification. (b) The Director shall review any determination from which an executive agency has appealed and shall make a final decision on such appeal. The Director shall make such decisions, within seventy-five days after he receives the appeal or as soon thereafter as practicable, on the basis of information contained in the Administrator's determination, the executive agencies' appeals therefrom, and any supplementary data submitted by the Administrator and the contesting agencies. The Director shall send copies of decisions to the Administrator and to the heads of other executive agencies concerned. (c) The Director's decision upon each such appeal, if it holds that the determination shall apply in whole or in part to the appealing agency, shall state the extent to which the determination applies and the effective date of its application. To the extent that the Director's decision on an appeal does not uphold the Administrator's determination, such determination shall be of no force and effect. Sec. 7. Compliance with determinations and decisions on appeals. (a) When a determination or a decision on an appeal made in accordance with these regulations has become effective, each executive agency affected shall comply therewith. (b) The Director shall take such actions as he deems appropriate to assist in securing compliance with determinations which have become effective. In the exercise of this authority to establish reserves in apportioning appropriations and funds, the Director shall take account of such savings as accrue from the establishment of inter-agency motor-vehicle pools and systems. (c) The executive agency which operates any pool or system established hereunder shall maintain accurate records of the cost of establishment, maintenance, and operation of any interagency motor-vehicle pool or system established pursuant to these regulations. (d) The Administrator shall be responsible for maintaining adequate reviews and controls of the economy and efficiency of all pools or systems established in accordance with these regulations, including those not directly operated by the General Services Administration. Sec. 8. Discontinuance or curtailment of service. (a) If, during any reasonable period, not exceeding two successive fiscal years, no actual savings are realized from the operation of any pool or system established hereunder, the Administrator shall discontinue the pool or system concerned. (b) The Administrator may discontinue or curtail a motor-vehicle pool or system when he determines that it is not the most economical method of rendering required motor-vehicle service; but he shall give at least sixty days notice of such intention to executive agencies affected and to the Director before taking such action. (c) Executive agencies affected by a pool or system for which the Administrator is responsible (including inter-agency pools or systems operated by another executive agency designated by the Administrator) may bring problems of service and cost to the attention of the Administrator, who shall assure that such problems receive proper attention. (d) Executive agencies receiving motor-vehicle services from an interagency motor-vehicle pool or system under these regulations may request discontinuance or curtailment of their participation in such pool or system after at least one year of participation or in the event that the need for the services from the pool or system ceases. Such requests shall be submitted to the Administrator with pertinent factual justification. (e) If the Administrator does not agree with such request and is unable to make arrangements which are mutually acceptable to him and to the head of the executive agency concerned, the agency's request for discontinuance or modification and the Administrator's reasons for not agreeing with the request shall be forwarded to the Director who shall be responsible for making a final and binding decision. (f) When a pool or system is discontinued or curtailed, such transfers of vehicles and related equipment and supplies, personnel, records, facilities, and funds as may be appropriate will be made, subject to the approval of the Director. Sec. 9. Motor vehicles exempted from inclusion in interagency motor-vehicle pools. The following-described classes of motor vehicles shall be exempt from inclusion in interagency motor-vehicle pools or systems: (1) Motor vehicles designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot. (2) Any motor vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties: Provided, that vehicles regularly used for common administrative purposes not directly connected with the performance of law enforcement, investigative, or intelligence duties shall not because of such use be exempted from such inclusion. (3) Any motor vehicle the conspicuous identification of which as a Government vehicle would interfere with the purpose for which it is acquired and used. (4) Unless inclusion is mutually agreed upon by the Administrator and the head of the agency concerned: (i) Motor vehicles for the use of the heads of the executive agencies, ambassadors, ministers, charge d'affaires, and other principal diplomatic and consular officials. (ii) Motor vehicles regularly and principally used for the transportation of diplomats and representatives of foreign countries or by officers of the Department of State for the conduct of official business with representatives of foreign countries. (iii) Motor vehicles regularly used for the distribution and transportation of mails. (5) Motor vehicles which, because of their design or the special purposes for which they are used, or for other reasons, cannot advantageously be incorporated in an interagency motor-vehicle pool or system if the exemption thereof has been mutually agreed upon by the Administrator and the head of the executive agency concerned. (6) Motor vehicles exempted by an agency which has authority to make such an exemption under the provisions of the Act (this chapter). Sec. 10. Optional use arrangements. Nothing in these regulations shall be construed as precluding the establishment or operation of interagency motor-vehicle pools or systems on the basis of optional use by executive or other Federal agencies. Sec. 11. Supplementary regulations. The Administrator shall, after consultation with the executive agencies concerned and with due regard to their program activities, issue such supplementary regulations of general applicability to the executive agencies concerned as are necessary for the effective and economical operation of pools or systems under the Act (this chapter). Dwight D. Eisenhower. EXECUTIVE ORDER NO. 11508 Ex. Ord. No. 11508, Feb. 10, 1970, 35 F.R. 2855, as amended by Ex. Ord. No. 11560, Sept. 23, 1970, 35 F.R. 14899, which related to the identification of unneeded federal real property, was superseded by Ex. Ord. No. 11724, June 25, 1973, 38 F.R. 16837, formerly set out as a note below. EXECUTIVE ORDER NO. 11724 Ex. Ord. No. 11724, June 25, 1973, 38 F.R. 16837, which related to the Federal Property Council, was superseded by Ex. Ord. No. 11954, Jan. 7, 1977, 42 F.R. 2297, formerly set out as a note below. EXECUTIVE ORDER NO. 11954 Ex. Ord. No. 11954, Jan. 7, 1977, 42 F.R. 2297, as amended by Ex. Ord. No. 12030, Dec. 15, 1977, 42 F.R. 63633, formerly set out as a note under this section, which provided for review of Federal real property, was revoked by Ex. Ord. No. 12348, Feb. 25, 1982, 47 F.R. 8547, formerly set out as a note below. EXECUTIVE ORDER NO. 12030 Ex. Ord. No. 12030, Dec. 15, 1977, 42 F.R. 63633, formerly set out as a note under this section, which amended Ex. Ord. No. 11954, Jan. 7, 1977, 42 F.R. 2297, by, among other changes, providing for the termination of the Federal Property Council, was omitted from the Code in view of the revocation of Ex. Ord. No. 11954 by Ex. Ord. No. 12348, Feb. 25, 1982, 47 F.R. 8547, formerly set out as a note below. EXECUTIVE ORDER NO. 12348 Ex. Ord. No. 12348, Feb. 25, 1982, 47 F.R. 8547, which related to Federal real property review, was revoked by Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, set out as a note below. EX. ORD. NO. 112411. 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, in order to institute fundamental changes in the manner in which Federal work space is managed to ensure its efficient utilization, it is hereby ordered as follows: Section 1. In order to make the Federal use of work space (including office space, warehouses and special purpose space, whether federally owned, leased or controlled) and related furnishings more effective in support of agency missions, minimize the acquisition of government resources, and reduce the administrative costs of the Federal government, the heads of all Federal Executive agencies shall: (a) Establish programs to reduce the amount of work space, used or held, to that amount which is essential for known agency missions; (b) Produce and maintain a total inventory of work space and related furnishings and declare excess to the Administrator of General Services all such holdings that are not necessary to satisfy existing or known and verified planned programs; (c) Ensure that the amount of office space used by each employee of the agency, or others using agency-controlled space, is held to the minimum necessary to accomplish the task that must be performed; (d) Manage the furniture, equipment, decoration, drapes, carpeting, plants and other accoutrements so that the use of all furnishings by the agency reflects a judicious employment of public moneys; (e) Consider, in making decisions concerning the use, acquisition, or disposal of work space and related furnishings, the effects of its actions on costs incurred by other Federal agencies; (f) Report all vacant work space retained for future Federal uses to the Administrator of General Services so that it may be made available for the temporary use of other Federal agencies, to the extent consistent with national defense requirements; (g) Establish a work space management plan to meet the provisions of this Order, including specification of the goals to be achieved and actions to be taken by the agency in order to improve its utilization of all work space and related furnishings; and (h) Establish information systems, implement inventory controls and conduct surveys, in accordance with procedures established by the Administrator of General Services, so that a government-wide reporting system may be developed. Sec. 2. The Administrator of General Services is delegated authority, to the extent not prohibited by other laws, to conduct surveys, establish agency-wide objectives for work space use for each Executive agency, and establish procedures, guidelines and regulations to be followed by the agencies in developing the work space planning, information and reporting systems required by this Order. Ronald Reagan. EX. ORD. NO. 12512. FEDERAL REAL PROPERTY MANAGEMENT Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including section 486(a) of title 40 of the United States Code, and in order to ensure that Federal real property resources are treated in accordance with their value as national assets and in the best interests of the Nation's taxpayers, it is hereby ordered as follows: Section 1. General Requirements. To ensure the effective and economical use of America's real property and public land assets, establish a focal point for the enunciation of clear and consistent Federal policies regarding the acquisition, management, and disposal of properties, and assure management accountability for implementing Federal real property management reforms, all Executive departments and agencies shall take immediate action to recognize the importance of such resources through increased management attention, establishment of clear goals and objectives, improved policies and levels of accountability, and other appropriate actions. Specifically: (a) The Domestic Policy Council shall serve as the forum for approving government-wide real property management policies; (b) All Executive departments and agencies shall establish internal policies and systems of accountability that ensure effective use of real property in support of mission-related activities, consistent with Federal policies regarding the acquisition, management, and disposal of such assets. All such agencies shall periodically review their real property holdings and conduct surveys of such property in accordance with standards and procedures determined by the Administrator of General Services. All such agencies shall also develop annual real property management improvement plans that include clear and concise goals and objectives related to all aspects of real property management, and identify sales, work space management, productivity, and excess property targets; (c) The Director of the Office of Management and Budget shall review, through the management and budget review processes, the efforts of departments and agencies toward achieving the government-wide property management policies established pursuant to this Order. Savings achieved as a result of improved management shall be applied to reduce Federal spending and to support program delivery; (d) The Office of Management and Budget and the General Services Administration shall, in consultation with the land managing agencies, develop legislative initiatives that seek to improve Federal real property management through the adoption of appropriate private sector management techniques; the elimination of duplication of effort among agencies; and the establishment of managerial accountability for implementing effective and efficient real property management practices; and (e) The President's Council on Management Improvement, subject to the policy direction of the Domestic Policy Council, shall conduct such additional studies as are necessary to improve Federal real property management by appropriate agencies and groups. Sec. 2. Real Property. The Administrator of General Services shall, to the extent permitted by law, provide government-wide policy oversight and guidance for Federal real property management; manage selected properties for agencies; conduct surveys; delegate operational responsibility to agencies where feasible and economical; and provide leadership in the development and maintenance of needed property management information systems. Sec. 3. Public Lands. In order to ensure that Federally owned lands, other than the real property covered by Section 2 of this Order, are managed in the most effective and economic manner, the Departments of Agriculture and the Interior shall take such steps as are appropriate to improve their management of public lands and National Forest System lands and shall develop appropriate legislative proposals necessary to facilitate that result. Sec. 4. Executive Order No. 12348 of February 25, 1982, is hereby revoked. Ronald Reagan. -CROSS- CROSS REFERENCES Accounting systems in executive agencies, duties of Comptroller General, and continuation of authority vested in him by subsection (b) of this section, see section 3512 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 474, 475, 490, 752, 757 of this title; title 10 sections 2381, 2572, 4538, 4681, 4682, 4684, 4686, 7305, 7541, 7541a, 7542, 7545, 9538, 9681, 9682, 9684, 9686; title 31 section 3511; title 41 sections 257, 421. ------DocID 44309 Document 555 of 816------ -CITE- 40 USC Sec. 487 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 487. Surveys of Government property and management practices -STATUTE- (a) Authorization for surveys, inventory levels, supply catalog system and standardized forms and procedures As he may deem necessary for the effectuation of his functions under this subchapter, and after adequate advance notice to the executive agencies affected, and with due regard to the requirements of the Department of Defense as determined by the Secretary of Defense, the Administrator is authorized (1) to make surveys of Government property and property management practices and obtain reports thereon from executive agencies; (2) to cooperate with executive agencies in the establishment of reasonable inventory levels for property stocked by them and from time to time report any excessive stocking to the Congress and to the Director of the Office of Management and Budget; (3) to establish and maintain such uniform Federal supply catalog system as may be appropriate to identify and classify personal property under the control of Federal agencies: Provided, That the Administrator and the Secretary of Defense shall coordinate the cataloging activities of the General Services Administration and the Department of Defense so as to avoid unnecessary duplication; and (4) subject to regulations (FOOTNOTE 1) promulgated by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.), to prescribe standardized forms and procedures, except such as the Comptroller General is authorized by law to prescribe, and standard purchase specifications. (FOOTNOTE 1) See 1983 Amendment note below. (b) Utilization by Federal agencies of supply catalog system and standardized forms and procedures Each Federal agency shall utilize such uniformed Federal supply catalog system and standardized forms and procedures, and standard purchase specifications, except as the Administrator, taking into consideration efficiency, economy, and other interests of the Government, shall otherwise provide. (c) Audit of property accounts by General Accounting Office The General Accounting Office shall audit all types of property accounts and transactions at such times and in such manner as determined by the Comptroller General. Such audit shall be conducted as far as practicable at the place or places where the property or records of the executive agencies are kept and shall include but not necessarily be limited to an evaluation of the effectiveness of internal controls and audits and a general audit of the discharge of accountability for Government-owned or controlled property based upon generally accepted principles of auditing. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 206, 63 Stat. 390; Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; July 12, 1952, ch. 703, Sec. 1(k), 66 Stat. 593; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Aug. 30, 1974, Pub. L. 93-400, Sec. 15(3), 88 Stat. 800; Oct. 10, 1979, Pub. L. 96-83, Sec. 10(a), 93 Stat. 652; Dec. 1, 1983, Pub. L. 98-191, Sec. 8(d)(1), 9(a)(2), 97 Stat. 1331.) -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (a)(4), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -COD- CODIFICATION In subsec. (a), 'Department of Defense' substituted for 'National Military Establishment' on authority of act Aug. 10, 1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591. Section was formerly classified to section 236 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1983 - Subsec. (a)(4). Pub. L. 98-191 inserted 'and regulations' after 'subject to policy directives' and then substituted 'subject to regulations' for 'subject to policy directives'. A literal execution of both amendments would have resulted in the phrase reading 'subject to regulations and regulations'. 1979 - Subsec. (a)(4). Pub. L. 96-83 substituted 'policy directives' for 'regulations'. 1974 - Subsec. (a)(4). Pub. L. 93-400 substituted 'subject to regulations promulgated by the Administrator for Federal Procurement Policy pursuant to the Office of Federal Procurement Policy Act, to prescribe standardized' for 'to prescribe standardized'. 1952 - Subsec. (b). Act July 12, 1952, inserted 'and standardized forms and procedures' after 'system'. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-83 effective Oct. 1, 1979, see section 12 of Pub. L. 96-83, set out as a note under section 401 of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 474, 752 of this title. ------DocID 44310 Document 556 of 816------ -CITE- 40 USC Sec. 488 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 488. Disposal of property -STATUTE- (a) Advice of Attorney General with respect to antitrust laws Except as provided by subsection (c) of this section, no executive agency shall dispose of any plant, plants, or other property to any private interest until such agency has received the advice of the Attorney General on the question whether such disposal would tend to create or maintain a situation inconsistent with the antitrust laws. Whenever any such disposal is contemplated by any executive agency, such agency shall transmit promptly to the Attorney General notice of such proposed disposal and the probable terms or conditions thereof. If such notice is given by any executive agency other than the General Services Administration, a copy of such notice shall be transmitted simultaneously to the Administrator. Within a reasonable time, in no event to exceed sixty days, after receipt of such notification, the Attorney General shall advise the Administrator and any other interested executive agency whether, so far as he can determine, the proposed disposition would tend to create or maintain a situation inconsistent with the antitrust laws. (b) Request by Attorney General for information Upon request made by the Attorney General, the Administrator or any other executive agency shall furnish or cause to be furnished to the Attorney General such information as the Administrator or such other executive agency may possess which the Attorney General determines to be appropriate or necessary to enable him to give the advice required by this section, or to determine whether any other disposition or proposed disposition of surplus property violates or would violate any of the antitrust laws. (c) Applicability of provisions This section shall not apply to the disposal of - (1) real property, if the estimated fair market value is less than $3,000,000; or (2) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000. (d) Provisions held not to impair, amend, etc., antitrust laws Nothing contained in this Act shall impair, amend, or modify any of the antitrust laws or limit or prevent the application of any such law to any person who acquires in any manner any property under the provisions of this Act. As used in this section, the term 'antitrust laws' includes the Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade Commission Act (38 Stat. 717), as amended (15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as amended. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 207, 63 Stat. 391; Aug. 19, 1958, Pub. L. 85-680, 72 Stat. 631; Nov. 5, 1988, Pub. L. 100-612, Sec. 7, 102 Stat. 3182.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (d), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. Act of July 2, 1890, as amended, referred to in subsec. (d), is act July 2, 1890, ch. 647, 26 Stat. 209, as amended, known as the Sherman Act, 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. Act of October 15, 1914, as amended, referred to in subsec. (d), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, known as the Clayton Act, which is classified generally to sections 12, 13, 14 to 19, 20, 21, 22 to 27 of Title 15 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. (d), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified generally to subchapter I (Sec. 41 et seq.) of chapter 2 of Title 15. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables. Sections 73 and 74 of the Act of August 27, 1894, referred to in subsec. (d), are classified to sections 8 and 9 of Title 15. -COD- CODIFICATION Section was formerly classified to section 237 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1988 - Subsec. (c). Pub. L. 100-612 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: 'This section shall not apply to the disposal of - '(1) real property if the aggregate amount of the original acquisition cost of such property to the Government and all capital expenditures made by the Government with respect thereto is less than $1,000,000; or '(2) personal property (other than a patent, process, technique, or invention) with an acquisition cost of less than $3,000,000.' 1958 - Pub. L. 85-680 subdivided section into subsections (a) to (d), retaining former last sentence defining 'antitrust laws' as a separate paragraph at end, and amended provisions to increase exemptions of proposed disposals of surplus property from referral to the Attorney General for his advice as to whether or not such disposals would be inconsistent with the antitrust laws, to modify and improve procedure for such referrals to the Attorney General by the disposal agencies and to provide for notification of the General Services Administration by other agencies making disposals. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 752, 781 of this title; title 42 sections 2201, 5919. ------DocID 44311 Document 557 of 816------ -CITE- 40 USC Sec. 489 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 489. Civil remedies and penalties -STATUTE- (a) Immunity of officers or employees of Government Where any property is transferred or disposed of in accordance with this Act and any regulations prescribed hereunder, no officer or employee of the Government shall (1) be liable with respect to such transfer or disposition except for his own fraud, or (2) be accountable for the collection of any purchase price for such property which is determined to be uncollectible by the Federal agency responsible therefor. (b) Fraudulent tricks, schemes, or devices Every person who shall use or engage in, or cause to be used or engaged in, or enter into an agreement, combination, or conspiracy to use or engage in or to cause to be used or engaged in, any fraudulent trick, scheme, or device, for the purpose of securing or obtaining, or aiding to secure or obtain, for any person any payment, property, or other benefits from the United States or any Federal agency in connection with the procurement, transfer or disposition of property hereunder - (1) shall pay to the United States the sum of $2,000 for each such act, and double the amount of any damage which the United States may have sustained by reason thereof, together with the cost of suit; or (2) shall, if the United States shall so elect, pay to the United States, as liquidated damages, a sum equal to twice the consideration agreed to be given by the United States or any Federal agency to such person or by such person to the United States or any Federal agency, as the case may be; or (3) shall, if the United States shall so elect, restore to the United States the money or property thus secured and obtained and the United States shall retain as liquidated damages any property, money, or other consideration given to the United States or any Federal agency for such money or property, as the case may be. (c) Jurisdiction and venue The several district courts of the United States and the several district courts of the Territories and possessions of the United States, 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, and such person or persons as are not inhabitants of or found within the district in which suit is brought may be brought in by order of the court to be served personally or by publication or in such other reasonable manner as the court may direct. (d) Additional remedies The civil remedies provided in this section shall be in addition to all other criminal penalties and civil remedies provided by law. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 209, 63 Stat. 392.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 378, as amended, known as the Federal Property and Administrative Services Act of 1949. Provisions of that Act relating to management and disposal of government property are classified to this chapter. For complete classification of that Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION As originally enacted, subsec. (c) contained a reference to 'the District Court of the United States for the District of Columbia' following 'the several district courts of the United States'. The words 'the District Court of the United States for the District of Columbia' have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that 'There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district' and section 88 of the Title 28 which states that 'the District of Columbia constitutes one judicial district'. Section was formerly classified to section 239 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 752 of this title. ------DocID 44312 Document 558 of 816------ -CITE- 40 USC Sec. 490 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490. Operation of buildings and related activities by Administrator -STATUTE- (a) General duties Whenever and to the extent that the Administrator has been or hereafter may be authorized by any provision of law other than this subsection to maintain, operate, and protect any building, property, or grounds situated in or outside the District of Columbia, including the construction, repair, preservation, demolition, furnishing, and equipment thereof, he is authorized in the discharge of the duties so conferred upon him - (1) to purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing; (2) to furnish arms and ammunition for the protection force maintained by the General Services Administration; (3) to pay ground rent for buildings owned by the United States or occupied by Federal agencies, and to pay such rent in advance when required by law or when the Administrator shall determine such action to be in the public interest; (4) to employ and pay personnel employed in connection with the functions of operation, maintenance, and protection of property at such per diem rates as may be approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where such services are performed; (5) without regard to the provisions of section 278a (FOOTNOTE 1) of this title, to pay rental, and to make repairs, alterations, and improvements under the terms of any lease entered into by, or transferred to, the General Services Administration for the housing of any Federal agency which on June 30, 1950, was specifically exempted by law from the requirements of said section; (FOOTNOTE 1) See References in Text note below. (6) to obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities furnished, on a reimbursable basis, to any other Federal agency, or any mixed-ownership corporation (as defined in chapter 91 of title 31), or the District of Columbia, and to credit such payments to the applicable appropriation of the General Services Administration; (7) to make changes in, maintain, and repair the pneumatic tube system connecting buildings owned by the United States or occupied by Federal agencies in New York City installed under franchise of the city of New York, approved June 29, 1909, and June 11, 1928, and to make payments of any obligations arising thereunder in accordance with the provisions of the Acts approved August 5, 1909 (36 Stat. 120), and May 15, 1928 (45 Stat. 533); (8) to repair, alter, and improve rented premises, without regard to the 25 per centum limitation of section 278a (FOOTNOTE 1) of this title, upon a determination by the Administrator that by reason of circumstances set forth in such determination the execution of such work, without reference to such limitation, is advantageous to the Government in terms of economy, efficiency, or national security: Provided, That such determination shall show that the total cost (rentals, repairs, alterations, and improvements) to the Government for the expected life of the lease shall be less than the cost of alternative space which needs no such repairs, alterations, or improvements. A copy of every such determination so made shall be furnished to the General Accounting Office; (9) to pay sums in lieu of taxes on real property declared surplus by Government corporations, pursuant to the Surplus Property Act of 1944, where legal title to such property remains in any such Government corporation; (10) to furnish utilities and other services where such utilities and other services are not provided from other sources to persons, firms, or corporations occupying or utilizing plants or portions of plants which constitute (A) a part of the National Industrial Reserve pursuant to the National Industrial Reserve Act of 1948 (50 U.S.C. 451 et seq.), or (B) surplus real property, and to credit the amounts received therefrom to the applicable appropriation of the General Services Administration; (11) at the direction of the Secretary of Defense, to use proceeds received from insurance against damage to properties of the National Industrial Reserve for repair or restoration of the damaged properties; (12) to acquire, by purchase, condemnation, or otherwise, real estate and interests therein; (13) to enter into leases of Federal buildings sites and additions to sites, including improvements thereon, until they are needed for construction purposes, at their fair rental value and upon such other terms and conditions as the Administrator deems in the public interest pursuant to the provisions of section 484(e) of this title. Such leases may be negotiated without public advertising for bids if the lessee is the former owner from whom the property was acquired by the United States or his tenant in possession, and the lease is negotiated incident to or in connection with the acquisition of the property. Rentals received under leases executed pursuant to this paragraph may be deposited into the Buildings Management Fund established by subsection (f) of this section; (14) to enter into contracts for periods not exceeding three years for the inspection, maintenance, and repair of fixed equipment in such buildings which are federally owned; (15) to render direct assistance to and perform special services for the Inaugural Committee (as defined in section 721 of title 36) during an inaugural period in connection with Presidential inaugural operations and functions, including employment of personal services without regard to the civil service and classification laws; provide Government-owned and leased space for personnel and parking; pay overtime to guard and custodial forces; erect and remove stands and platforms; provide and operate first-aid stations; provide furniture and equipment; and provide other incidental services in the discretion of the Administrator; (16) to enter into leases of space on major pedestrian access levels and courtyards and rooftops of any public building with persons, firms, or organizations engaged in commercial, cultural, educational, or recreational activities (as defined in section 612a of this title). The Administrator shall establish a rental rate for such leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the public building. Such leases may be negotiated without competitive bids, but shall contain such terms and conditions and be negotiated pursuant to such procedures as the Administrator deems necessary to promote competition and to protect the public interest; (17) to make available, on occasion, or to lease at such rates and on such other terms and conditions as the Administrator deems to be in the public interest, auditoriums, meeting rooms, courtyards, rooftops, and lobbies of public buildings to persons, firms, or organizations engaged in cultural, educational, or recreational activities (as defined in section 612a of this title) that will not disrupt the operation of the building; (18) to deposit into the fund established by subsection (f) of this section all sums received under leases or rentals executed pursuant to paragraphs (16) and (17) of this subsection, and each sum shall be credited to the appropriation made for such fund applicable to the operation of such building; and (19) to furnish utilities, maintenance, repair, and other services to persons, firms, or organizations leasing space pursuant to paragraphs (16) and (17) of this subsection. Such services may be provided during and outside of regular working hours of Federal agencies. (b) Buildings owned by United States At the request of any Federal agency or any mixed-ownership corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator is authorized to operate, maintain, and protect any building owned by the United States (or, in the case of any wholly owned or mixed-ownership Government corporation, by such corporation) and occupied by the agency or instrumentality making such request. (c) Acquisition of land; surveys; construction services At the request of any Federal agency or any mixed-ownership corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator is authorized (1) to acquire land for buildings and projects authorized by the Congress; (2) to make or cause to be made, under contract or otherwise, surveys and test borings and to prepare plans and specifications for such buildings and projects prior to the approval by the Attorney General of the title to the sites thereof; and (3) to contract for, and to supervise, the construction and development and the equipping of such buildings or projects. Any sum available to any such Federal agency or instrumentality for any such building or project may be transferred by such agency to the General Services Administration in advance for such purposes as the Administrator shall determine to be necessary, including the payment of 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. (d) Transfer of functions Whenever the Director of the Office of Management and Budget shall determine such action to be in the interest of economy or efficiency, he shall transfer to the Administrator all functions then vested in any other Federal agency with respect to the operation, maintenance, and custody of any office building owned by the United States or any wholly owned Government corporation, or any office building or part thereof occupied by any Federal agency under any lease, except that no transfer shall be made under this subsection - (1) of any post-office building unless the Director shall first determine that such building is not used predominantly for post-office purposes, and functions which are transferred hereunder to the Administrator with respect to any post-office building may be delegated by him only to another officer or employee of the General Services Administration or to the Postmaster General; (2) of any building located in any foreign country; (3) of any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, airfield, 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; (4) of any building which the Director of the Office of Management and Budget finds to be a part of a group of buildings which are (A) located in the same vicinity, (B) utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (C) not generally suitable for the use of other agencies; or (5) of the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Institute of Standards and Technology, and the buildings under the jurisdiction of the regents of the Smithsonian Institution. (e) Assignment and reassignment of space Notwithstanding any other provision of law, the Administrator is authorized, in accordance with policies and directives prescribed by the President under section 486(a) of this title and after consultation with the heads of the executive agencies affected, to assign and reassign space of all executive agencies in Government-owned and leased buildings in and outside the District of Columbia upon a determination by the Administrator that such assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security. The Administrator shall, where practicable, give priority in the assignment of space on any major pedestrian access level not leased under the terms of subsection (a)(16) or (a)(17) of this section in such buildings to Federal activities requiring regular contact with members of the public. To the extent such space is unavailable, the Administrator shall provide space with maximum ease of access to building entrances. (f) Fund for real property management and related activities; establishment; deposit of revenues and collections; merger of unexpended balances; assumption of liabilities, obligations, and commitments; appropriation of advances; special services (1) There is hereby established in the Treasury of the United States on such date as may be determined by the Administrator, a fund into which there shall be deposited the following revenues and collections: (A) User charges made pursuant to subsection (j) of this section payable in advance or otherwise. (B) Proceeds with respect to building sites authorized to be leased pursuant to subsection (a) of this section. (C) Receipts from carriers and others for loss of, or damage to, property belonging to the fund. (2) Moneys deposited into the fund shall be available for expenditure for real property management and related activities in such amounts as are specified in annual appropriations Acts without regard to fiscal year limitations. (3) There are hereby merged with the fund established under this subsection, unexpended balances of (A) the Buildings Management Fund (including any surplus therein), established pursuant to this subsection prior to its amendment by the Public Buildings Amendments of 1972; (B) the Construction Services Fund, created by section 296 of this title; and (C) any funds appropriated to General Services Administration under the headings 'Repair and Improvement of Public Buildings', 'Construction, Public Buildings Projects', 'Sites and Expenses, Public Buildings Projects', 'Construction, Federal Office Building Numbered 7, Washington, District of Columbia', and 'Additional Court Facilities', in any appropriation Act, for the years prior to the fiscal year in which the fund becomes operational. The fund shall assume all the liabilities, obligations, and commitments of the said (1) Buildings Management Fund, (2) Construction Services Fund, and (3) the appropriations specified in (C) hereof. (4) There is authorized to be appropriated to the fund for the fiscal year in which the fund becomes operational, and for the succeeding fiscal year, such advances to the fund as may be necessary to carry out its purposes. Such advances shall be repaid within 30 years, with interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the current average market yield on outstanding marketable obligations of the United States with remaining period to maturity comparable to the average maturities of such advances adjusted to the nearest one-eighth of 1 per centum. (5) In any fiscal year there may be deposited to miscellaneous receipts in the Treasury of the United States such amount as may be specified in appropriation Acts. (6) Nothing in this section shall preclude the Administrator from providing special services not included in the standard level user charge on a reimbursable basis and such reimbursements may be credited to the fund established under this subsection. (g) Office furniture; movement and supply Whenever an agency, or an organizational unit thereof, occupying a substantial and identifiable segment of space (building, floor, wing, and so forth) in a location controlled for purposes of assignment of space by the Administrator, is moved to such a substantial and identifiable segment of space in the same or another location so controlled by the Administrator, furniture and furnishings used by the moving agency or unit shall be moved only if the Administrator, after consultation with the head of the agency concerned, and with due regard for the program activities of such agency, shall determine that suitable replacements cannot more economically and efficiently be made available in the new space. In the absence of such determination, suitable furniture and furnishings for the new space shall be provided, as the Administrator shall determine to be more economical and efficient, (1) from stocks under the control of the moving agency or (2) from stocks available to the Administrator, but the same or similar items shall not be provided from both sources. When furniture and furnishings are provided for the new space from stocks available to the Administrator, the items so provided shall remain in the control of the Administrator, and the furniture and furnishings previously used by the moving agency or unit and not moved to the new space shall pass to the control of the Administrator without reimbursement. When furniture and furnishings not so moved are carried as assets of a revolving or working capital fund at the time they pass to the control of the Administrator, the net book value thereof shall be written off and the capital of the fund diminished by the amount of such write-off. When furniture or furnishings which have been purchased from trust funds pass to the control of the Administrator pursuant to this subsection, reimbursement shall be made by the Administrator for the fair market value of such furniture and furnishings. (h) Lease agreements for periods not exceeding twenty years (1) The Administrator is authorized to enter into lease agreements with any person, copartnership, corporation, or other public or private entity, which do not bind the Government for periods in excess of twenty years for each such lease agreement, on such terms as he deems to be in the interest of the United States and necessary for the accommodation of Federal agencies in buildings and improvements which are in existence or to be erected by the lessor for such purposes and to assign and reassign space therein to Federal agencies. (2) If the unexpired portion of any lease of space to the Government is determined by the Administrator to be surplus property and the property is thereafter disposed of by sublease by the Administrator, the Administrator is authorized, notwithstanding section 485(a) of this title, to deposit rental received in the buildings management fund (subsection (f) of this section) and defray from the fund any costs necessary to provide services to the Government's lessee and to pay the rent not otherwise provided for on the lease of the space to the Government. (i) Installation, repair, and replacement of sidewalks (1) Any executive agency is authorized to install, repair, and replace sidewalks around buildings, installations, properties, or grounds under the control of such agency and owned by the United States within the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States, by reimbursement to a State or political subdivision thereof, the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States, or otherwise. (2) Installation, repair, and replacement under this subsection shall be performed in accordance with regulations to be prescribed by the Administrator of General Services with the approval of the Director of the Office of Management and Budget. (3) Funds appropriated to the agency for installation, repair, and maintenance, generally, shall be available for expenditure to accomplish the purposes of this subsection. (4) Nothing contained herein shall increase or enlarge the tort liability of the United States for injuries to persons or damages to property beyond such liability presently existing by virtue of any other law. (j) Charges for space and services furnished by Administrator; determination of rates; exemption from charges The Administrator is authorized and directed to charge anyone furnished services, space, quarters, maintenance, repair, or other facilities (hereinafter referred to as space and services), at rates to be determined by the Administrator from time to time and provided for in regulations issued by him. Such rates and charges shall approximate commercial charges for comparable space and services, except that with respect to those buildings for which the Administrator of General Services is responsible for alterations only (as the term 'alter' is defined in section 612(5) of this title), the rates charged the occupant for such services shall be fixed by the Administrator so as to recover only the approximate applicable cost incurred by him in providing such alterations. The Administrator may exempt anyone from the charges required by this subsection if he determines that such charges would be infeasible or impractical. To the extent any such exemption is granted, appropriations to the General Services Administration are authorized to reimburse the fund for any loss of revenue. (k) Charges for space and services furnished by executive agencies; approval of rates by Administrator; credit to appropriation or fund Any executive agency, other than the General Services Administration, which provides to anyone space and services set forth in subsection (j) of this section, is authorized to charge the occupant for such space and services at rates approved by the Administrator. Moneys derived by such executive agency from such rates or fees shall be credited to the appropriation or fund initially charged for providing the service, except that amounts which are in excess of actual operating and maintenance costs of providing the service shall be credited to miscellaneous receipts unless otherwise authorized by law. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 210, as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580, and amended July 12, 1952, ch. 703, Sec. 1(l), 66 Stat. 594; Sept. 1, 1954, ch. 1211, Sec. 3, 68 Stat. 1129; July 2, 1958, Pub. L. 85-493, Sec. 1, 72 Stat. 294; Sept. 2, 1958, Pub. L. 85-886, Sec. 1, 3, 72 Stat. 1709; Sept. 9, 1959, Pub. L. 86-249, Sec. 12(e), formerly Sec. 12(d), 73 Stat. 482, as redesignated Oct. 18, 1976, Pub. L. 94-541, title I, Sec. 103(3), 90 Stat. 2506; Oct. 20, 1965, Pub. L. 89-276, 79 Stat. 1010; Nov. 8, 1965, Pub. L. 89-344, 79 Stat. 1304; Oct. 22, 1968, Pub. L. 90-626, 82 Stat. 1319; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; June 16, 1972, Pub. L. 92-313, Sec. 3, 4, 86 Stat. 218, 219; Oct. 18, 1976, Pub. L. 94-541, title I, Sec. 103(3), 104, 90 Stat. 2506; Aug. 23, 1988, Pub. L. 100-418, title V, Sec. 5115(c), 102 Stat. 1433.) -REFTEXT- REFERENCES IN TEXT Section 278a of this title, referred to in subsec. (a)(5), (8), was repealed by Pub. L. 100-678, Sec. 7, Nov. 17, 1988, 102 Stat. 4052. The Act approved August 5, 1909, referred to in subsec. (a)(7), is act Aug. 5, 1909, ch. 7, 36 Stat. 118, which is not classified to the Code. The Act approved May 15, 1928, referred to in subsec. (a)(7), is act May 15, 1928, ch. 567, 45 Stat. 533, which is not classified to the Code. For classification and history of the Surplus Property Act of 1944, referred to in subsec. (a)(9), see References in Text note set out under section 473 of this title. The National Industrial Reserve Act of 1948, referred to in subsec. (a)(10), is act July 2, 1948, ch. 811, 62 Stat. 1225, as amended, known as the Defense Industrial Reserve Act, which is classified generally to chapter 16 (Sec. 451 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 451 of Title 50 and Tables. The civil service laws, referred to in subsec. (a)(15), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws, referred to in subsec. (a)(15), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. Prior to its amendment by the Public Buildings Amendments of 1972, referred to in subsec. (f)(3), means prior to the amendment of this subsection by Pub. L. 92-313, which was approved June 16, 1972. For complete classification of such Act in this Code, see Short Title note set out under section 601 of this title and Tables. -COD- CODIFICATION In subsecs. (a)(6), (b), and (c), 'chapter 91 of title 31' substituted for 'the Government Corporation Control Act (31 U.S.C. 841 et seq.)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 239a of Title 41, Public Contracts. -MISC3- AMENDMENTS 1988 - Subsec. (d)(5). Pub. L. 100-418 substituted 'National Institute of Standards and Technology' for 'National Bureau of Standards'. 1976 - Subsec. (a)(16) to (19). Pub. L. 94-541, Sec. 104(a), added pars. (16) to (19). Subsec. (e). Pub. L. 94-541, Sec. 104(b), inserted provision requiring Administrator, where practicable, to give priority in assignment of space on any major pedestrian access level not leased under terms of subsec. (a)(16) or (17) of this section in Government-owned and leased buildings to Federal activities requiring regular contact with members of the public, and where such space is unavailable, to provide space with maximum ease of access to building entrances. 1972 - Subsec. (f). Pub. L. 92-313, Sec. 3, substituted provisions relating to establishment of a real property management financing fund in Treasury of the United States and to capitalization and management of such fund, for provisions relating to establishment of a Building Management Fund by Secretary of the Treasury and uses of such Fund, accounting procedures applicable to such Fund, amounts appropriated to such Fund, and credits available to such Fund. Subsecs. (j), (k). Pub. L. 92-313, Sec. 4, added subsecs. (j) and (k). 1968 - Subsec. (a)(15). Pub. L. 90-626 added par. (15). 1965 - Subsec. (a)(14). Pub. L. 89-276 added par. (14). Subsec. (i). Pub. L. 89-344 added subsec. (i). 1959 - Subsec. (h)(1). Pub. L. 86-249 substituted 'twenty years' for 'ten years'. 1958 - Subsec. (a)(13). Pub. L. 85-886, Sec. 1, added par. (13). Subsec. (f). Pub. L. 85-886, Sec. 3, inserted, in first sentence, ', including demolition and improvement with respect to Federal building sites authorized to be leased pursuant to subsection (a) of this section,' and substituted, in third proviso, 'shall not be credited' for 'shall not be available for expenses of carrying out the provisions of the act of June 24, 1948 (62 Stat. 644), or section 345 of this title, and shall not be credited with receipts from operations under said provisions of law, or'. Subsec. (h). Pub. L. 85-493 added subsec. (h). 1954 - Subsec. (g). Act Sept. 1, 1954, added subsec. (g). 1952 - Subsec. (f). Act July 12, 1952, added subsec. (f). EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-313 effective June 16, 1972, and effective date of applying rates to be charged pursuant to regulations issued under subsecs. (j) and (k) of this section as determined by Administrator but not later than the beginning of the third full fiscal year subsequent to June 16, 1972, see section 11 of Pub. L. 92-313, set out as a note under section 603 of this title. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. DELEGATION OF FUNCTIONS Authority of Administrator of General Services under subsec. (i) of this section to prescribe regulations relating to the installation, repair, and replacement of sidewalks delegated to Administrator of General Services, see section 1(20) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President. -MISC5- PROHIBITION ON USE OF APPROPRIATED FUNDS FOR PURCHASE OF ELECTRICITY IN MANNER INCONSISTENT WITH STATE LAW Pub. L. 100-202, Sec. 101(b) (title VIII, Sec. 8093), Dec. 22, 1987, 101 Stat. 1329-43, 1329-79, provided that: 'None of the funds appropriated or made available by this or any other Act with respect to any fiscal year may be used by any Department, agency, or instrumentality of the United States to purchase electricity in a manner inconsistent with State law governing the provision of electric utility service, including State utility commission rulings and electric utility franchises or service territories established pursuant to State statute, State regulation, or State-approved territorial agreements: Provided, That nothing in this section shall preclude the head of a Federal agency from entering into a contract pursuant to 42 U.S.C. 8287; nor shall it preclude the Secretary of a military department from entering into a contract pursuant to 10 U.S.C. 2394 or from purchasing electricity from any provider when the utility or utilities having applicable State-approved franchise or other service authorizations are found by the Secretary to be unwilling or unable to meet unusual standards for service reliability that are necessary for purposes of national defense.' LEASE AND ASSIGNMENT OF SPACE; MANAGEMENT All functions with respect to acquiring space in buildings by lease, 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), and 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, were, with certain exceptions, transferred from the respective agencies in which theretofore vested to the Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out as a note below. For delegation of those transferred functions to other personnel of the General Services Administration, or to the heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of that Plan. ISSUANCE OF REGULATIONS PURSUANT TO PUBLIC BUILDINGS AMENDMENTS OF 1972; APPROVAL OF RATES FOR SPACE AND SERVICES FURNISHED Administrator to issue and coordinate regulations with Office of Management and Budget and Director of such Office to approve rates for space and services furnished, see section 7 of Pub. L. 92-313, set out as a note under section 603 of this title. REORGANIZATION PLAN NO. 18 OF 1950 EFF. JULY 1, 1950, 15 F.R. 3177, 64 STAT. 1270 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 (see 5 U.S.C. 901 et seq.). BUILDING AND SPACE MANAGEMENT FUNCTIONS SECTION 1. TRANSFER OF SPACE ASSIGNMENT AND LEASING FUNCTIONS All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to - (a) space in buildings located in any foreign country; (b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, air-field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative; (c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and (d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose: Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings. SEC. 2. TRANSFER OF OFFICE BUILDING MANAGEMENT FUNCTIONS All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to - (a) any building located in any foreign country; (b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative; (c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and (d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution. (References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of Pub. L. 100-418, set out as a Change of Name note under 15 U.S.C. 271.) SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS (a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan. (b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General. (c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan. SEC. 4. TRANSFER OF PERSONNEL, PROPERTY, RECORDS, AND FUNDS There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate. SEC. 5. EFFECTIVE DATE The provisions of this reorganization plan shall take effect on the 1st day of July 1950. (The Post Office Department has been redesignated the United States Postal Service pursuant to Pub. L. 91-375, Sec. 6(o), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.) MESSAGE OF THE PRESIDENT To the Congress of the United States: I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field. The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services - the administration of Government office buildings and general-purpose building space in the field. Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress. Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space. The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses. This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings. Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post-office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area. In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post-office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues. While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation. The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings. After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949. While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies. Harry S Truman. The White House, March 13, 1950. -EXEC- EXECUTIVE ORDER NO. 11035 Ex. Ord. No. 11035, July 9, 1962, 27 F.R. 6519, which related to the management of federal office space, was superseded by Ex. Ord. No. 11512, Feb. 27, 1970, 35 F.R. 3979, formerly set out as a note below. EXECUTIVE ORDER NO. 11512 Ex. Ord. No. 11512, Feb. 27, 1970, 35 F.R. 3979, which related to the planning, acquisition, and management of federal space, was revoked by Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, set out as a note below. EX. ORD. NO. 12072. FEDERAL SPACE MANAGEMENT Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, provided: By the authority vested in me as President of the United States of America by Section 205(a) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 486(a)), and in order to prescribe appropriate policies and directives, not inconsistent with that Act (see Short Title note set out under section 471 of this title) 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 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). (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 (see Short Title note set out under section 471 of this title), shall conform to the provisions of this Order to the extent they have the authority to do so. 1-303. Executive Order No. 11512 of February 27, 1970, is revoked. Jimmy Carter. -CROSS- CROSS REFERENCES Control and allotment of space in public buildings, see section 19 et seq. of this title. See, also, section 304c of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 490a, 490c, 490e, 490f, 618, 752, 1104, 1105, 1107 of this title; title 2 section 122c; title 7 section 87e-1; title 20 sections 80q-5, 80q-6; title 22 section 3712a; title 49 section 10344. ------DocID 44313 Document 559 of 816------ -CITE- 40 USC Sec. 490a -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490a. Transfer of moneys in section 490(f) fund into special account -STATUTE- Moneys now or hereafter deposited into the fund established by section 490(f) of this title, and available pursuant to annual appropriation Acts, may be transferred and consolidated on the books of the Treasury Department into a special account pursuant to section 296 of this title, in accordance with and for the purposes specified in such section. -SOURCE- (Pub. L. 94-91, title IV, Sec. 401, Aug. 9, 1975, 89 Stat. 452.) -COD- CODIFICATION Section was enacted as a part of the Treasury, Postal Service, and General Government Appropriation Act, 1976, and not as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. ------DocID 44314 Document 560 of 816------ -CITE- 40 USC Sec. 490a-1 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490a-1. Use of resources of Federal Buildings Fund to repay GSA borrowings from Federal Financing Bank -STATUTE- Notwithstanding any other provision of law, the Administrator of General Services is on and after November 3, 1989, authorized to transfer from the resources of the Federal Buildings Fund, in accordance with such rules and procedures as may be established by the Office of Management and Budget and the Department of the Treasury, such amounts as are necessary to repay the principal amount of General Services Administration borrowings from the Federal Financing Bank when such borrowings are legal obligations of the Fund. -SOURCE- (Pub. L. 101-136, title IV, Sec. 7, Nov. 3, 1989, 103 Stat. 803.) -COD- CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following appropriation act: Pub. L. 100-440, title IV, Sec. 11, Sept. 22, 1988, 102 Stat. 1742. ------DocID 44315 Document 561 of 816------ -CITE- 40 USC Sec. 490b -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490b. Child care services for Federal employees in Federal buildings; allotment of space; conditions; charges for rent or services; payment of costs; 'services' defined -STATUTE- (a) If any individual or entity which provides or proposes to provide child care services for Federal employees during fiscal year 1988 or any fiscal year thereafter, applies to the officer or agency of the United States charged with the allotment of space in the Federal buildings in the community or district in which such individual or entity provides or proposes to provide such service, such officer or agency may allot space in such a building to such individual or entity if - (1) such space is available; (2) such officer or agency determines that such space will be used to provide child care services to a group of individuals of whom at least 50 percent are Federal employees; and (3) such officer or agency determines that such individual or entity will give priority for available child care services in such space to Federal employees. (b)(1) If an officer or agency allots space during fiscal year 1988 or any fiscal year thereafter, to an individual or entity under subsection (a) of this section, such space may be provided to such individual or entity without charge for rent or services. (2) If there is an agreement for the payment of costs associated with the provision of space allotted under subsection (a) of this section or services provided in connection with such space, nothing in title 31, or any other provision of law, shall be construed to prohibit or restrict payment by reimbursement to the miscellaneous receipts or other appropriate account of the Treasury. (3) For the purpose of this section, the term 'services' includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone service), and security systems (including installation and other expenses associated with security systems). -SOURCE- (Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 616), Dec. 22, 1987, 101 Stat. 1329-390, 1329-423.) -COD- CODIFICATION Section was not enacted as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following appropriation acts: Pub. L. 99-500, Sec. 101(m) (title VI, Sec. 616), Oct. 18, 1986, 100 Stat. 1783-308, 1783-331, and Pub. L. 99-591, Sec. 101(m) (title VI, Sec. 616), Oct. 30, 1986, 100 Stat. 3341-308, 3341-331. Pub. L. 99-190, Sec. 139, Dec. 19, 1985, 99 Stat. 1323. ------DocID 44316 Document 562 of 816------ -CITE- 40 USC Sec. 490c -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490c. Guards, elevator operators, messengers, and custodians; restriction on contract for services; exception -STATUTE- None of the funds made available to the General Services Administration pursuant to section 490(f) of this title shall be obligated or expended after November 5, 1990, for the procurement by contract of any service which, before November 5, 1990, was performed by individuals in their capacity as employees of the General Services Administration in any position of guards, elevator operators, messengers, and custodians, except that such funds may be obligated or expended for the procurement by contract of the covered services with sheltered workshops employing the severely handicapped under sections 46 to 48c of title 41. -SOURCE- (Pub. L. 101-509, title V, Sec. 507, Nov. 5, 1990, 104 Stat. 1423.) -REFTEXT- REFERENCES IN TEXT Sections 46 to 48c of title 41, referred to in text, was in the original 'Public Law 92-28' which generally amended act June 25, 1938 (41 U.S.C. 46 et seq.), popularly referred to as the Wagner-O'Day Act. -COD- CODIFICATION Section was enacted as part of the appropriation act cited as the credit to this section, and not as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following appropriation acts: Pub. L. 101-136, title V, Sec. 506, Nov. 3, 1989, 103 Stat. 812. Pub. L. 100-440, title V, Sec. 507, Sept. 22, 1988, 102 Stat. 1747. Pub. L. 100-202, Sec. 101(m) (title V, Sec. 507), Dec. 22, 1987, 101 Stat. 1329-390, 1329-415. Pub. L. 99-500, Sec. 101(m) (title V, Sec. 507), Oct. 18, 1986, 100 Stat. 1783-308, 1783-324, and Pub. L. 99-591, Sec. 101(m) (title V, Sec. 507), Oct. 30, 1986, 100 Stat. 3341-308, 3341-324. Pub. L. 99-190, Sec. 101(h) (H.R. 3036, title V, Sec. 507), Dec. 19, 1985, 99 Stat. 1291. Pub. L. 98-473, Sec. 101(j) (H.R. 5798, title V, Sec. 507), Oct. 12, 1984, 98 Stat. 1963. Pub. L. 98-151, Sec. 112, Nov. 14, 1983, 97 Stat. 976. Pub. L. 97-377, Sec. 120, Dec. 21, 1982, 96 Stat. 1913. -CROSS- CROSS REFERENCES Preference eligibles, examinations for positions of guards, elevator operators, messengers, and custodians, see section 3310 of Title 5, Government Organization and Employees. ------DocID 44317 Document 563 of 816------ -CITE- 40 USC Sec. 490d -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490d. Funds for payment of rent available for lease of buildings on land owned by United States -STATUTE- Funds on and after November 3, 1989, made available to the General Services Administration for the payment of rent shall be available for the purpose of leasing, for periods not to exceed thirty years, space in buildings erected on land owned by the United States. -SOURCE- (Pub. L. 101-136, title IV, Sec. 5, Nov. 3, 1989, 103 Stat. 802.) -COD- CODIFICATION Section enacted as part of the appropriation act cited as the credit to this section, and not as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. -MISC3- SIMILAR PROVISIONS Similar provisions were contained in the following prior appropriation acts: Pub. L. 100-440, title IV, Sec. 5, Sept. 22, 1988, 102 Stat. 1741. Pub. L. 100-202, Sec. 101(m) (title IV, Sec. 5), Dec. 22, 1987, 101 Stat. 1329-390, 1329-410. Pub. L. 99-500, Sec. 101(m) (title IV, Sec. 6), Oct. 18, 1986, 100 Stat. 1783-308, 1783-321, and Pub. L. 99-591, Sec. 101(m) (title IV, Sec. 6), Oct. 30, 1986, 100 Stat. 3341-308, 3341-321. Pub. L. 99-190, Sec. 101(h) (H.R. 3036, title IV, Sec. 6), Dec. 19, 1985, 99 Stat. 1291. Pub. L. 98-473, Sec. 101(j) (H.R. 5798, title IV, Sec. 6), Oct. 12, 1984, 98 Stat. 1963. ------DocID 44318 Document 564 of 816------ -CITE- 40 USC Sec. 490e -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490e. Fiscal year limitation on obligations of funds for lease -STATUTE- Notwithstanding any provisions of this Act or any other Act in any fiscal year, obligations of funds for lease, entered into in accordance with section 490(h)(1) of this title shall be limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(b) (FOOTNOTE 1) of title 31. (FOOTNOTE 1) So in original. Probably should be section '1341(a)(1)(B)'. -SOURCE- (Pub. L. 101-136, title IV, Sec. 22, Nov. 3, 1989, 103 Stat. 807.) -COD- CODIFICATION Section was enacted as part of the Treasury, Postal Service and General Government Appropriations Act, 1990, and not as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter. ------DocID 44319 Document 565 of 816------ -CITE- 40 USC Sec. 490f -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 490f. Lease space rent rates and payments; appropriations -STATUTE- (a) Notwithstanding any other provision of law, agencies are, on and after November 5, 1990, authorized to make rent payments to the General Services Administration for lease space relating to expansion needs of the agency and (FOOTNOTE 1) General Services Administration is authorized to use such funds, in addition to the amount received as New Obligational Authority in the Rental of Space activity of the Federal Buildings Fund. Such payments are to be at the commercial equivalent rates specified by section 490(j) (FOOTNOTE 2) of this title and are to be deposited into the Fund established pursuant to section 490(f) of this title. (FOOTNOTE 1) So in original. Probably should be 'and the'. (FOOTNOTE 2) See References in Text note below. (b) There are hereby appropriated, out of the Federal Buildings Fund, such sums as may be necessary to carry out the purpose of subsection (a) of this section. -SOURCE- (Pub. L. 101-509, title IV, Sec. 8, Nov. 5, 1990, 104 Stat. 1414.) -REFTEXT- REFERENCES IN TEXT Section 490(j) of this title, referred to in subsec. (a), was in the original 'section 201(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j))' and was translated as reading 'section 210(j)' of that Act to reflect the probable intent of Congress. Section 201 of that Act, which is classified to section 481 of this title, does not contain a subsec. (j). ------DocID 44320 Document 566 of 816------ -CITE- 40 USC Sec. 491 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 491. Motor vehicle pools and transportation systems -STATUTE- (a) Establishment In order to carry out the policy, expressed in section 471 of this title, to provide for an economical and efficient system for transportation of Government personnel and property, it is further intended by the Congress in enacting this section to (1) provide for the proper identification of Government motor vehicles; (2) establish effective means of limiting their use to official governmental purposes; (3) reduce the number of Government-owned vehicles to the minimum necessary for transaction of the public business; (4) provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property; and (5) establish procedures to insure safe operation of motor vehicles on Government business. (b) Determinations by Administrator Subject to regulations issued by the President pursuant to subsection (c) of this section, the Administrator shall in respect of executive agencies, and to the extent that he determines that so doing is advantageous to the Government in terms of economy, efficiency, or service, after consultation with and with due regard to the program activities of the agencies concerned, (1) 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; and (2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems for transportation of property or passengers, and for furnishing such motor vehicle and related services to executive agencies. Such motor vehicle services may be furnished, as determined by the Administrator, through the use, under rental or other arrangements, of motor vehicles of private fleet operators, taxicab companies, local or interstate common carriers, or Government-owned motor vehicles, or combinations thereof. The Administrator shall, so far as practicable, provide any of the services specified in this subsection to any Federal agency, mixed ownership corporation (as defined in chapter 91 of title 31), or the District of Columbia, upon its request. (c) Regulations The President shall, within ninety days after the effective date of this section, issue regulations under this section to establish procedures for the taking effect of determinations made by the Administrator pursuant to subsection (b) of this section. Such regulations shall provide for adequate notice to executive agencies of any determinations affecting them or their functions; for independent review and decision as directed by the President of any determination not mutually agreed upon between the Administrator and the agency concerned, including exemption of any agency, in whole or in part, from any determination; and for enforcement of determinations becoming effective under such regulations. No determination made pursuant to subsection (b) of this section shall be binding upon any agency except as provided in such regulations. (d) Payment of costs; fixing of prices (1) The General Supply Fund provided for in section 756 of this title shall be available for use by or under the direction and control of the Administrator for paying all elements of cost (including the purchase or rental price of motor vehicles and other related equipment and supplies) incident to the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems for the transportation of property or passengers, and to the furnishing of such motor vehicles and equipment and related services pursuant to subsection (b) of this section. (2) Payments by requisitioning agencies so served shall be at prices fixed by the Administrator at levels which will recover, so far as practicable, all such elements of cost, and may, in the Administrator's discretion, include increments for the estimated replacement cost of such motor vehicles, equipment, and supplies. Such increments may, notwithstanding section 756(e) of this title, be retained as part of the capital of the General Supply Fund, but shall be available only for replacement of such motor vehicles, equipment, and supplies. The purchase price, plus such increments for the estimated replacement cost, of such motor vehicles and equipment shall be recovered only through charges for the cost of amortization. Such costs shall be determined in accordance with the accrual accounting method; and financial reports shall be prepared on the basis of such accounting. (e) Justification for each vehicle pool and system Any determination made by the Administrator pursuant to subsection (b) of this section shall set forth in writing an analytical justification for the establishment, maintenance, and operation of each such motor vehicle pool and system. Such justification shall include a detailed comparison of estimated costs of present and proposed modes of operation, and a showing that savings can be realized by the establishment, maintenance, and operation of such pool or system. (f) Maintenance records; discontinuance of vehicle pool or system Whenever any such motor vehicle pool or system has been established pursuant to subsection (b) of this section, the Administrator shall maintain accurate records of the cost of its establishment, maintenance, and operation. If, during any reasonable period, not exceeding two successive fiscal years, no actual savings are realized on the basis of the accounting for costs provided in subsection (d) of this section the Administrator shall discontinue such motor vehicle pool or system, and shall return to the agency or agencies involved motor vehicles and related equipment and supplies similar in kind and of a value reasonably comparable to the value of the motor vehicles and related equipment and supplies theretofore received by the Administrator from such agency or agencies. (g) Reimbursement for equipment Whenever the Administrator takes over pursuant to subsection (b) of this section any motor vehicle or other related equipment or supplies from any Government corporation, or from any other agency if such vehicle, equipment or supplies have been acquired by such agency through expenditures made from, and not theretofore reimbursed to, any revolving or trust fund authorized by law, the Administrator shall reimburse such corporation or fund by an amount equal to the fair market value of the vehicle, equipment or supplies so taken over. If thereafter, pursuant to subsection (f) of this section, the Administrator returns to such corporation or agency any motor vehicle, equipment or supplies, the Administrator shall be reimbursed by the payment to him, by such corporation or from such fund, of an amount equal to the fair market value of the vehicle, equipment or supplies so returned. (h) Additions to General Supply Fund capital When reimbursement is not required under subsection (g) of this section, the value, as determined by the Administrator, of any motor vehicle or other related equipment or supplies taken over under authority of subsection (b) of this section may be added to the capital of the General Supply Fund, and in the event that property similar in kind is subsequently returned pursuant to subsection (f) of this section, the value thereof may be deducted from the General Supply Fund. (i) Scrip, tokens, tickets The Administrator, in the operation of motor vehicle pools or systems, may make provision for the furnishing, sale, and use of scrip, tokens, tickets, and similar devices for the making of payment by using agencies for services rendered by the Administrator in the transportation of property or passengers. (j) Operating regulations The Director of the Office of Personnel Management shall issue regulations to govern executive agencies in authorizing civilian personnel to operate Government-owned motor vehicles for official purposes within the States of the Union, the District of Columbia, Puerto Rico, and the possessions of the United States. Such regulations shall prescribe standards of physical fitness for authorized operators and may require operators and prospective operators to obtain such State and local licenses or permits as would be required for the operation by them of similar vehicles for other than official purposes. The head of each executive agency shall issue such orders and directives as may be necessary to comply with such regulations and shall make appropriate provision therein for periodically testing the physical fitness of operators and prospective operators and for the suspension and revocation of authorizations to operate. (k) Identification of vehicles Under regulations prescribed by the Administrator, every motor vehicle acquired and used for official purposes within the United States, its Territories, or possessions, by any Federal agency or the District of Columbia shall be conspicuously identified by showing thereon either (1) the full name of the department, establishment, corporation, or agency by which it is used and the service in which it is used, or (2) a title descriptive of the service in which it is used if such title readily identifies the department, establishment, corporation, or agency concerned, and the legend 'For official use only': Provided, That the regulations issued pursuant to this section may provide for exemptions from the requirement of this section when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used. (l) Violations Whenever, during the regular course of his duties, there shall come to the knowledge of the Administrator any violation of the provisions of sections 1343, 1344, and 1349(b) of title 31 or of section 641 of title 18 involving the conversion by a Government official or employee of a Government-owned or leased motor vehicle to his own use or the use of others, the Administrator shall report such violation to the head of the agency in which the official or employee concerned is employed, for further investigation and either appropriate disciplinary action under sections 1343, 1344, and 1349(b) of title 31 or, where appropriate, referral to the Attorney General for prosecution under section 641 of title 18. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 211, as added Sept. 5, 1950, ch. 849, Sec. 5(c), 64 Stat. 580, and amended Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1126; July 12, 1960, Pub. L. 86-624, Sec. 27(b), 74 Stat. 418; Sept. 7, 1962, Pub. L. 87-649, Sec. 14b, 76 Stat. 500; Oct. 24, 1978, Pub. L. 95-506, 92 Stat. 1756; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 3607, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT The effective date of this section, referred to in subsec. (c), means the effective date of this section as amended by act Sept. 1, 1954, ch. 1211, Sec. 2, 68 Stat. 1126, which was approved Sept. 1, 1954. -COD- CODIFICATION In subsecs. (b) and (l), 'chapter 91 of title 31' substituted for 'the Government Corporation Control Act (31 U.S.C. 841 et seq.)', and 'sections 1343, 1344, and 1349(b) of title 31' substituted for 'section 5 of the Act of July 16, 1914, as amended (31 U.S.C. 638a)' and 'such section 5', respectively, on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 239b of Title 41, Public Contracts. -MISC3- AMENDMENTS 1978 - Subsec. (d). Pub. L. 95-506 inserted provision permitting Administrator to include in price increments for estimated replacement costs of motor vehicles, equipment, and supplies. 1962 - Subsec. (m). Pub. L. 87-649 repealed subsec. (m) which related to travel of members of the uniformed services between duty stations. See section 408 of Title 37, Pay and Allowances of the Uniformed Services. 1960 - Subsec. (j). Pub. L. 86-624 substituted 'States of the Union, the District of Columbia, Puerto Rico, and the possessions of the United States' for 'continental United States, its Territories, and possessions'. 1954 - Act Sept. 1, 1954, amended section generally to establish and operate motor pools and transportation systems. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'United States Civil Service Commission' in subsec. (j) pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -MISC5- OBLIGATIONS FOR MULTIYEAR AGREEMENTS FOR LEASE OR OTHER ACQUISITION OF MOTOR VEHICLES ENTERED INTO BY ADMINISTRATOR OF GENERAL SERVICES Pub. L. 101-136, title IV, Sec. 9, Nov. 3, 1989, 103 Stat. 803, provided that: '(a) In General. - Subject to subsection (b), obligations of funds for multiyear agreements for the lease or other acquisition of motor vehicles entered into by the Administrator of General Services for the purposes of section 211 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 491) shall be limited to the current fiscal year for which payments are due, without regard to any termination or cancellation costs, and without regard to section 1341(a)(1)(B) of title 31, United States Code. '(b) Affected Agreements. - This section shall apply to multiyear agreements which - '(1) are entered into by the Administrator during the 4-year period beginning on the date of the enactment of this Act (Nov. 3, 1989); and '(2) provide for the lease of motor vehicles for a period of not more than four years.' -EXEC- EXECUTIVE ORDER NO. 10579 Section 9 of Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, set out as a note under section 486 of this title, provides that any motor vehicle, the conspicuous identification of which as a Government vehicle would interfere with the purpose for which it was acquired, is exempt from inclusion in interagency pools. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 752, 906 of this title. ------DocID 44321 Document 567 of 816------ -CITE- 40 USC Sec. 492 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 492. Reports to Congress -STATUTE- The Administrator shall submit a report to the Congress, in January of each year and at such other times as he may deem it desirable, regarding the administration of his functions under this Act, together with such recommendations for amendments to this Act as he may deem appropriate as the result of the administration of such functions, at which time he shall also cite the laws becoming obsolete by reason of passage or operation of the provisions of this Act. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 212, formerly Sec. 210, 63 Stat. 393, renumbered Sept. 5, 1950, ch. 849, Sec. 5(a), 64 Stat. 580.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 240 of Title 41, Public Contracts. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 484, 752 of this title. ------DocID 44322 Document 568 of 816------ -CITE- 40 USC Sec. 493 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER II -HEAD- Sec. 493. Repealed. Pub. L. 100-612, Sec. 8, Nov. 5, 1988, 102 Stat. 3182 -MISC1- Section, Pub. L. 94-519, Sec. 10, Oct. 17, 1976, 90 Stat. 2457, provided for reports to Congress by Administrator and Comptroller General evaluating effectiveness of Pub. L. 94-519 and making recommendations. ------DocID 44323 Document 569 of 816------ -CITE- 40 USC SUBCHAPTER III -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER III -HEAD- SUBCHAPTER III - FOREIGN EXCESS PROPERTY ------DocID 44324 Document 570 of 816------ -CITE- 40 USC Sec. 511 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER III -HEAD- Sec. 511. Disposal of foreign excess property; agency responsibility; foreign policy controlling; use of foreign currencies and credits; duties of State Department -STATUTE- Each executive agency having foreign excess property shall be responsible for the disposal thereof: Provided, That (a) the head of each such executive agency shall, with respect to the disposition of such property, conform to the foreign policy of the United States; (b) the Secretary of State shall have the authority to use foreign currencies and credits acquired by the United States under section 512(b) of this title in order to effectuate the purposes of section 32(b)(2) of the Surplus Property Act of 1944, as amended, and the Foreign Service Buildings Act of May 7, 1926, as amended (22 U.S.C. 291 et seq.) (including section 295b of title 22), and for the purpose of paying any other governmental expenses payable in local currencies, and the authority to amend, modify, and renew agreements in effect on July 1, 1949; (c) any foreign currencies or credits acquired by the Department of State pursuant to such agreements shall be administered in accordance with procedures that may from time to time be established by the Secretary of the Treasury and, if and when reduced to United States currency, shall be covered into the Treasury as miscellaneous receipts; and (d) the Department of State shall, except to such extent as the President shall otherwise determine, continue to perform other functions with respect to agreements for the disposal of foreign excess property in effect on July 1, 1949. -SOURCE- (June 30, 1949, ch. 288, title IV, Sec. 401, 63 Stat. 397.) -REFTEXT- REFERENCES IN TEXT Section 32(b)(2) of the Surplus Property Act of 1944, as amended, referred to in text, is section 32(b)(2) of act Oct. 3, 1944, ch. 479, 58 Stat. 782, as amended, which related to the use of foreign currencies, foreign scholarships, and the establishment of the Board of Foreign Scholarships, and which was classified to section 1641(b)(2) of Title 50, Appendix, War and National Defense, was repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75 Stat. 538, and is covered by section 2451 et seq. of Title 22, Foreign Relations and Intercourse. The Foreign Service Buildings Act of May 7, 1926, referred to in text, is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is classified generally to chapter 8 (Sec. 292 et seq.) of Title 22. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables. ------DocID 44325 Document 571 of 816------ -CITE- 40 USC Sec. 512 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER III -HEAD- Sec. 512. Methods and terms of disposal -STATUTE- (a) Authority of executive agency Foreign excess property not disposed of under subsections (b) and (c) of this section may be disposed of (1) by sale, exchange, lease, or transfer, for cash, credit or other property, with or without warranty, and upon such other terms and conditions as the head of the executive agency concerned deems proper, or (2) for foreign currencies or credits, or substantial benefits or the discharge of claims resulting from the compromise or settlement of such claims by any executive agency in accordance with the law, whenever the head of the executive agency concerned determines that it is in the interest of the United States to do so. Such property may be disposed of without advertising when the head of the executive agency concerned finds so doing to be most practicable and to be advantageous to the Government. The head of each executive agency responsible for the disposal of foreign excess property may execute such documents for the transfer of title or other interest in property and take such other action as he deems necessary or proper to dispose of such property; and may authorize the abandonment, destruction, or donation of foreign excess property under his control which has no commercial value or the estimated cost of care and handling of which would exceed the estimated proceeds from its sale. (b) Donation of medical supplies Any executive agency having in any foreign country any medical materials or supplies not disposed of under subsection (c) of this section, which, if situated within the United States, would be available for donation pursuant to section 484 of this title, may donate such materials or supplies without cost (except for costs of care and handling), for use in any foreign country, to nonprofit medical or health organizations, including those qualified to receive assistance under sections 2174(b) and 2357 of title 22. (c) Return of foreign excess property; determination of interest of the United States; costs Under such regulations as the Administrator shall prescribe pursuant to this subsection, any foreign excess property may be returned to the United States for handling as excess or surplus property under the provisions of sections 483, 484(j), and 484(l) of this title, whenever the head of the executive agency concerned, or the Administrator after consultation with such agency head, determines that return of the property to the United States for such handling is in the interest of the United States: Provided, That regulations prescribed pursuant to this subsection shall require that the transportation costs incident to such return shall be borne by the Federal agency, State agency, or donee receiving the property. -SOURCE- (June 30, 1949, ch. 288, title IV, Sec. 402, 63 Stat. 398; Sept. 26, 1970, Pub. L. 91-426, Sec. 2, 84 Stat. 883; Oct. 17, 1976, Pub. L. 94-519, Sec. 4, 90 Stat. 2455; Nov. 7, 1986, Pub. L. 99-627, Sec. 3(a), 100 Stat. 3509.) -MISC1- AMENDMENTS 1986 - Subsec. (a)(1). Pub. L. 99-627 struck out '; but in no event shall any property be sold without a condition forbidding its importation into the United States, unless the Secretary of Agriculture (in the case of any agricultural commodity, food, or cotton or woolen goods) or the Secretary of Commerce (in the case of any other property) determines that the importation of such property would relieve domestic shortages or otherwise be beneficial to the economy of this country' after 'deems proper'. 1976 - Subsec. (c). Pub. L. 94-519 substituted ', whenever the head of the executive agency concerned, or the Administrator after consultation with such agency head, determines that return of the property to the United States for such handling is in the interest of the United States' for 'whenever the head of the executive agency concerned determines that it is in the interest of the United States to do so'. 1970 - Pub. L. 91-426 designated existing provisions as subsec. (a), substituted (1) and (2) for clause designations (a) and (b) and inserted 'not disposed of under subsections (b) and (c) of this section' after 'Foreign excess property', and added subsecs. (b) and (c). EFFECTIVE DATE OF 1986 AMENDMENT Section 3(c) of Pub. L. 99-627 provided that: 'The amendment made by subsection (a) (amending this section) shall not affect any civil or criminal proceeding instituted by the United States prior to the date of enactment of this Act (Nov. 7, 1986).' RETURN OF PENDING APPLICATIONS Section 3(b) of Pub. L. 99-627 provided that: 'Applications pending before the Secretary of Commerce or the Secretary of Agriculture on, or received after, the date of enactment of this Act (Nov. 7, 1986) for authorization to import property under section 402(a)(1) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 512(a)(1)) shall be returned without action, and applicants shall be informed in writing that authorization is no longer required after such date.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 484, 511 of this title. ------DocID 44326 Document 572 of 816------ -CITE- 40 USC Sec. 513 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER III -HEAD- Sec. 513. Proceeds from disposals; foreign currencies; United States currency; disposition -STATUTE- Proceeds from the sale, lease, or other disposition of foreign excess property, (a) shall, if in the form of foreign currencies or credits, be administered in accordance with procedures that may from time to time be established by the Secretary of the Treasury, and (b) shall, if in United States currency, or when any proceeds in foreign currencies or credits shall be reduced to United States currency, be covered into the Treasury as miscellaneous receipts: Provided, That the provisions of section 485(b) of this title (which by their terms apply to property disposed of under subchapter II of this chapter) shall be applicable to proceeds of foreign excess property disposed of for United States currency under this subchapter: And provided further, That any executive agency disposing of foreign excess property under this subchapter (1) may deposit, in a special account with the Treasurer of the United States, such amount of the proceeds of such dispositions as it deems necessary to permit appropriate refunds to purchasers when any disposition is rescinded or does not become final, or payments for breach of any warranty, and (2) may withdraw therefrom amounts so to be refunded or paid, without regard to the origin of the funds withdrawn. -SOURCE- (June 30, 1949, ch. 288, title IV, Sec. 403, 63 Stat. 398.) -TRANS- TRANSFER OF FUNCTIONS Functions of all officers of Department of the Treasury, and all functions of all agencies and employees of that Department, transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. The Treasurer of the United States, referred to in this section, is an officer of Department of the Treasury. ------DocID 44327 Document 573 of 816------ -CITE- 40 USC Sec. 514 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER III -HEAD- Sec. 514. General provisions -STATUTE- (a) Promulgation of policies The President may prescribe such policies, not inconsistent with the provisions of this subchapter, as he shall deem necessary to effectuate the provisions of this subchapter, which provisions shall guide each executive agency in carrying out its functions hereunder. (b) Delegation of authority Any authority conferred upon any executive agency or the head thereof by the provisions of this subchapter may be delegated, and successive redelegation thereof may be authorized, by such head to any official in such agency or to the head of any other executive agency. (c) Employment of personnel The head of each executive agency responsible for the disposal of foreign excess property hereunder may, as may be necessary to carry out his functions under this subchapter, (1) subject to the civil-service and classification laws, appoint and fix the compensation of personnel, and (2) without regard to the civil-service laws, appoint personnel outside the States of the Union and the District of Columbia. (d) Transfer of functions There shall be transferred from the Department of State to each other executive agency affected by this subchapter such records, property, personnel, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, as the Director of the Office of Management and Budget shall determine to relate to functions of such agency under this subchapter which have heretofore been administered by the Department of State. -SOURCE- (June 30, 1949, ch. 288, title IV, Sec. 404, 63 Stat. 398; July 12, 1960, Pub. L. 86-624, Sec. 27(c), 74 Stat. 418; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; Oct. 19, 1980, Pub. L. 96-470, title I, Sec. 101(a), 94 Stat. 2237.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsec. (c), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws, referred to in subsec. (c), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. -COD- CODIFICATION Provisions of subsec. (c)(2) of this section, which authorized heads of executive agencies to fix the compensation of personnel outside the continental limits of the United States without regard to the classification laws, were omitted as obsolete and superseded. Sections 1202 and 1204 of the Classification Act of 1949, 63 Stat. 972, 973, repealed the Classification Act of 1923 and all other laws or parts of laws inconsistent with the 1949 Act. The Classification Act of 1949 was repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632, and reenacted as chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees. Section 5102 of Title 5 contains the applicability provisions of the 1949 Act, and section 5103 of Title 5 authorizes the Office of Personnel Management to determine the applicability to specific positions and employees. -MISC3- AMENDMENTS 1980 - Subsecs. (d), (e). Pub. L. 96-470 struck out subsec. (d) which provided that head of each executive agency responsible for disposal of foreign excess property under this subchapter submit a report to Congress in January of each year, or at such other desirable times, relative to its activities under this subchapter, accompanied by appropriate recommendations, and redesignated subsec. (e) as (d). 1960 - Subsec. (c). Pub. L. 86-624 substituted 'States of the Union and the District of Columbia' for 'continental limits of the United States'. -TRANS- TRANSFER OF FUNCTIONS Functions by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. ------DocID 44328 Document 574 of 816------ -CITE- 40 USC SUBCHAPTER IV -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - RECONSTRUCTION FINANCE CORPORATION PROPERTY ------DocID 44329 Document 575 of 816------ -CITE- 40 USC Sec. 521 to 524 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER IV -HEAD- Sec. 521 to 524. Repealed. Pub. L. 91-466, Sec. 2, Oct. 17, 1970, 84 Stat. 990 -MISC1- Section 521, act June 30, 1949, ch. 288, title VII, Sec. 701, as added Aug. 12, 1955, ch. 874, Sec. 3, 69 Stat. 722, stated congressional declaration of policy regarding Reconstruction Finance Corporation property. Section 522, act June 30, 1949, ch. 288, title VII, Sec. 702, as added Aug. 12, 1955, ch. 874, Sec. 3, 69 Stat. 722, and amended June 25, 1959, Pub. L. 86-70, Sec. 30(b), 73 Stat. 148; July 12, 1960, Pub. L. 86-624, Sec. 27(d), 74 Stat. 418, defined State, real property, local taxing authority, real property tax, Government department, transfer, and Reconstruction Finance Corporation as used in the subchapter. Section 523, act June 30, 1949, ch. 288, title VII, Sec. 703, as added Aug. 12, 1955, ch. 874, Sec. 3, 69 Stat. 722, and amended Aug. 1, 1958, Pub. L. 85-579, Sec. 1(a), 72 Stat. 456; June 8, 1960, Pub. L. 86-498, Sec. 1(a), 74 Stat. 165; Oct. 10, 1962, Pub. L. 87-787, Sec. 1(a), 76 Stat. 805; June 29, 1964, Pub. L. 88-330, Sec. 1(a), 78 Stat. 226; July 7, 1967, Pub. L. 90-50, Sec. 1(a), 81 Stat. 119; Oct. 17, 1970, Pub. L. 91-466, Sec. 1(a), 84 Stat. 990, provided for payments by Government department which has custody of real property transferred to it on or after Jan. 1, 1946 from the Reconstruction Finance Corporation, in lieu of taxes, to State and local taxing authorities. Section 524, act June 30, 1949, ch. 288, title VII, Sec. 704, as added Aug. 12, 1955, ch. 874, Sec. 3, 69 Stat. 723, and amended Aug. 1, 1958, Pub. L. 85-579, Sec. 1(b), 72 Stat. 456; June 8, 1960, Pub. L. 86-498, Sec. 1(b), 74 Stat. 165; Oct. 10, 1962, Pub. L. 87-787, Sec. 1(b), 76 Stat. 805; June 29, 1964, Pub. L. 88-330, Sec. 1(b), 78 Stat. 226; July 7, 1967, Pub. L. 90-50, Sec. 1(b), 81 Stat. 119; Oct. 17, 1970, Pub. L. 91-466, Sec. 1(b), 84 Stat. 990, provided that failure of Government department to make payment authorized by former section 523 of this title would not give rise to any penalty or subject the property to any lien or foreclosure, exempted certain categories of real property from payments, and limited liability for any payment in lieu of taxes for any period before Jan. 1, 1955 or after Dec. 31, 1970. EFFECTIVE DATE OF REPEAL Section 2 of Pub. L. 91-466 provided that title VII of the Federal Property and Administrative Services Act of 1949 (sections 521 to 524 of this title) is repealed as of Jan. 1, 1971. ------DocID 44330 Document 576 of 816------ -CITE- 40 USC SUBCHAPTER V -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER V -HEAD- SUBCHAPTER V - URBAN LAND UTILIZATION ------DocID 44331 Document 577 of 816------ -CITE- 40 USC Sec. 531 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER V -HEAD- Sec. 531. Declaration of purpose and policy -STATUTE- It is the purpose of this subchapter to promote more harmonious intergovernmental relations and to encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures whereby the Administrator shall acquire, use, and dispose of land in urban areas in order that urban land transactions entered into for the General Services Administration or on behalf of other Federal agencies shall, to the greatest extent practicable, be consistent with zoning and land-use practices and shall be made to the greatest extent practicable in accordance with planning and development objectives of the local governments and local planning agencies concerned. -SOURCE- (June 30, 1949, ch. 288, title VIII, Sec. 802, as added Oct. 16, 1968, Pub. L. 90-577, title V, Sec. 501, 82 Stat. 1104.) -MISC1- SHORT TITLE Section 801 of act June 30, 1949, as added Oct. 16, 1968, Pub. L. 90-577, title V, Sec. 501, 82 Stat. 1104, provided that: 'This title (enacting this subchapter) may be cited as the 'Federal Urban Land-Use Act'.' ------DocID 44332 Document 578 of 816------ -CITE- 40 USC Sec. 532 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER V -HEAD- Sec. 532. Disposal of urban lands -STATUTE- (a) Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of any real property situated within an urban area, he shall, prior to offering such land for sale, give reasonable notice to the head of the governing body of the unit of general local government having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located in order to afford the government the opportunity of zoning for the use of such land in accordance with local comprehensive planning. (b) The Administrator, to the greatest practicable extent, shall furnish to all prospective purchasers of such real property, full and complete information concerning - (1) current zoning regulations and prospective zoning requirements and objectives for such property when it is unzoned; and (2) current availability to such property of streets, sidewalks, sewers, water, street lights, and other service facilities and prospective availability of such services if such property is included in comprehensive planning. -SOURCE- (June 30, 1949, ch. 288, title VIII, Sec. 803, as added Oct. 16, 1968, Pub. L. 90-577, title V, Sec. 501, 82 Stat. 1105.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 534 of this title. ------DocID 44333 Document 579 of 816------ -CITE- 40 USC Sec. 533 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER V -HEAD- Sec. 533. Acquisition or change of use of real property -STATUTE- (a) To the extent practicable, prior to a commitment to acquire any real property situated in an urban area, the Administrator shall notify the unit of general local government exercising zoning and land-use jurisdiction over the land proposed to be purchased of his intent to acquire such land and the proposed use of the property. In the event that the Administrator determines that such advance notice would have an adverse impact on the proposed purchase, he shall, upon conclusion of the acquisition, immediately notify such local government of the acquisition and the proposed use of the property. (b) In the acquisition or change of use of any real property situated in an urban area as a site for public building, the Administrator shall, to the extent he determines practicable - (1) consider all objections made to any such acquisition or change of use by such unit of government upon the ground that the proposed acquisition or change of use conflicts or would conflict with the zoning regulations or planning objectives of such unit; and (2) comply with and conform to such regulations of the unit of general local government having jurisdiction with respect to the area within which such property is situated and the planning and development objectives of such local government. -SOURCE- (June 30, 1949, ch. 288, title VIII, Sec. 804, as added Oct. 16, 1968, Pub. L. 90-577, title V, Sec. 501, 82 Stat. 1105.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 534 of this title. ------DocID 44334 Document 580 of 816------ -CITE- 40 USC Sec. 534 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER V -HEAD- Sec. 534. Waiver of procedures for disposal of urban lands, acquisition or change of use of real property -STATUTE- The procedures prescribed in sections 532 and 533 of this title may be waived during any period of national emergency proclaimed by the President. -SOURCE- (June 30, 1949, ch. 288, title VIII, Sec. 805, as added Oct. 16, 1968, Pub. L. 90-577, title V, Sec. 501, 82 Stat. 1105.) ------DocID 44335 Document 581 of 816------ -CITE- 40 USC Sec. 535 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER V -HEAD- Sec. 535. Definitions -STATUTE- As used in this subchapter - (a) 'Unit of general local government' means any city, county, town, parish, village, or other general-purpose political subdivision of a State. (b) 'Urban area' means - (1) any geographical area within the jurisdiction of any incorporated city, town, borough, village, or other unit of general local government, except county or parish, having a population of ten thousand or more inhabitants; (2) that portion of the geographical area within the jurisdiction of any county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density equal to or exceeding one thousand five hundred inhabitants per square mile; and (3) that portion of any geographical area having a population density equal to or exceeding one thousand five hundred inhabitants per square mile and situated adjacent to the boundary of any incorporated unit of general local government which has a population of ten thousand or more inhabitants. (c) 'Comprehensive planning' includes the following, to the extent directly related to the needs of a unit of general local government: (1) Preparation, as a guide for governmental policies and action, of general plans with respect to (A) the pattern and intensity of land use, (B) the provision of public facilities (including transportation facilities) and other governmental services, and (C) the effective development and utilization of human and natural resources; (2) Long-range physical and fiscal plans for such action; (3) Programing of capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financing plans for such expenditures in the earlier years of the program; (4) Coordination of all related plans and activities of the State and local governments and agencies concerned; and (5) Preparation of regulatory and administrative measures in support of the foregoing. -SOURCE- (June 30, 1949, ch. 288, title VIII, Sec. 806, as added Oct. 16, 1968, Pub. L. 90-577, title V, Sec. 501, 82 Stat. 1105.) ------DocID 44336 Document 582 of 816------ -CITE- 40 USC SUBCHAPTER VI -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER VI -HEAD- SUBCHAPTER VI - SELECTION OF ARCHITECTS AND ENGINEERS -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 10 sections 2302, 2855; title 23 section 112; title 33 sections 569b, 2292; title 41 section 259; title 42 section 9619; title 49 App. sections 1608, 2210. ------DocID 44337 Document 583 of 816------ -CITE- 40 USC Sec. 541 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER VI -HEAD- Sec. 541. Definitions -STATUTE- As used in this subchapter - (1) The term 'firm' means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering. (2) The term 'agency head' means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government. (3) The term 'architectural and engineering services' means - (A) professional services of an architectural or engineering nature, as defined by State law, if applicable, which are required to be performed or approved by a person licensed, registered, or certified to provide such services as 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) such 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. -SOURCE- (June 30, 1949, ch. 288, title IX, Sec. 901, as added Oct. 27, 1972, Pub. L. 92-582, 86 Stat. 1278, and amended Nov. 15, 1988, Pub. L. 100-656, title VII, Sec. 742, 102 Stat. 3897; Nov. 17, 1988, Pub. L. 100-679, Sec. 8, 102 Stat. 4068.) -MISC1- AMENDMENTS 1988 - Par. (3). Pub. L. 100-656 and Pub. L. 100-679 made substantially identical amendments, substituting par. (3) consisting of subpars. (A) to (C) for former par. (3) which read as follows: 'The term 'architectural and engineering services' includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.' SHORT TITLE Title IX of act June 30, 1949, which enacted this subchapter, is popularly known as the 'Brooks Architect-Engineers Act'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 41 section 259. ------DocID 44338 Document 584 of 816------ -CITE- 40 USC Sec. 542 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER VI -HEAD- Sec. 542. Congressional declaration of policy -STATUTE- The Congress hereby declares it to be the policy of the Federal Government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. -SOURCE- (June 30, 1949, ch. 288, title IX, Sec. 902, as added Oct. 27, 1972, Pub. L. 92-582, 86 Stat. 1279.) ------DocID 44339 Document 585 of 816------ -CITE- 40 USC Sec. 543 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER VI -HEAD- Sec. 543. Requests for data on architectural and engineering services -STATUTE- In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him, no less than three of the firms deemed to be the most highly qualified to provide the services required. -SOURCE- (June 30, 1949, ch. 288, title IX, Sec. 903, as added Oct. 27, 1972, Pub. L. 92-582, 86 Stat. 1279.) ------DocID 44340 Document 586 of 816------ -CITE- 40 USC Sec. 544 -EXPCITE- TITLE 40 CHAPTER 10 SUBCHAPTER VI -HEAD- Sec. 544. Negotiation of contracts for architectural and engineering services -STATUTE- (a) Negotiation with highest qualified firm The agency head shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Government. In making such determination, the agency head shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof. (b) Negotiation with second and third, etc., most qualified firms Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm should be formally terminated. The agency head should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency head should terminate negotiations. The agency head should then undertake negotiations with the third most qualified firm. (c) Selection of additional firms in event of failure of negotiation with selected firms Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached. -SOURCE- (June 30, 1949, ch. 288, title IX, Sec. 904, as added Oct. 27, 1972, Pub. L. 92-582, 86 Stat. 1279.) ------DocID 44341 Document 587 of 816------ -CITE- 40 USC CHAPTER 11 -EXPCITE- TITLE 40 CHAPTER 11 -HEAD- CHAPTER 11 - REAL PROPERTY TRANSACTIONS BY MILITARY DEPARTMENTS ------DocID 44342 Document 588 of 816------ -CITE- 40 USC Sec. 551 to 554 -EXPCITE- TITLE 40 CHAPTER 11 -HEAD- Sec. 551 to 554. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641 -MISC1- Section 551, act Sept. 28, 1951, ch. 434, title VI, Sec. 601, 65 Stat. 366, related to agreements between the Secretaries of military departments or the Federal Civil Defense Administration and Armed Services Committees of Congress on real estate transactions. Section 552, act Sept. 28, 1951, ch. 434, title VI, Sec. 602, 65 Stat. 366, related to furnishing of quarterly reports to Armed Services Committees of all real-estate actions. Section 553, act Sept. 28, 1951, ch. 434, title VI, Sec. 603, 65 Stat. 366, limited the application of this chapter (Sec. 551 to 554) to real property within the continental United States, Alaska, Hawaii and Puerto Rico. Section 554, act Sept. 28, 1951, ch. 434, title VI, Sec. 604, 65 Stat. 366, mandated a recital of compliance with the provisions of this chapter (Sec. 551 to 554) in any instrument of conveyance. ------DocID 44343 Document 589 of 816------ -CITE- 40 USC CHAPTER 12 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- CHAPTER 12 - CONSTRUCTION, ALTERATION, AND ACQUISITION OF PUBLIC BUILDINGS -MISC1- Sec. 601. Prohibition on construction of buildings except by Administrator of General Services. 601a. Duties of Administrator; Federal agency accommodations; historical and architectural preservation of public buildings; consultation with Governors, agencies, and chief executive officers. 602. Acquisition of buildings and their sites. 602a. Purchase contracts. (a) Authority of Administrator; terms; vesting of title; application of installment payments to purchase price; procedures; report of negotiations to Congressional committees; solicitation of proposals. (b) Contract provisions; limitations on amount of payments. (c) Utilization of funds for payments. (d) State and local taxes. (e) Agreements to effectuate purposes; development and improvement of land; construction of projects previously approved; increase of estimated maximum cost. (f) Submission and approval of prospectus as prerequisite; exceptions; procedure. (g) Expiration of contracting authority. (h) Prohibition on providing space until expiration of 30 days from notification of Congressional committees by Administrator. 603. Alteration of buildings; acquisition of land; exemption from committee approval. 604. Sites. (a) Acquisition of lands or interests therein. (b) Public buildings used in whole or in part for post office purposes; cooperation between Administrator and Postal Service. (c) Solicitation of proposals for sale, donation, or exchange of real property; selection of site most advantageous to United States. 605. Construction of new buildings. (a) Replacement of existing buildings; demolition, exchange or sale. (b) Sale or exchange of sites. (c) Committee approval as condition precedent to use of land as site for building. 606. Approval of proposed projects by Congress. (a) Limitation of funds; transmission to Congress of prospectus of proposed project. (b) Increase of estimated maximum cost. (c) Rescission of approval for failure to make appropriations for project. (d) Emergency leases by the Administrator. (e) Limitation on leasing certain space. (f) Dollar amount adjustment. 607. Buildings and sites within District of Columbia. (a) Construction in harmony with plan of Peter Charles L'Enfant. (b) Contiguous squares; closing of streets and alleys. (c) Consultations prior to acquisitions. (d) Stadium; contracts for athletic and other events; additional seating capacity: financing, terms and conditions; restriction of right to revenues. 608. Authorization for construction or alteration by contract. 609. Architectural or engineering services. (a) Employment by Administrator. (b) Employment on permanent basis. (c) Responsibility of Administrator for construction. 610. Report to Congress; uncompleted projects; building project surveys. 611. Continuing investigation and survey of public buildings. (a) Authorization of Administrator. (b) Cooperation with Federal agencies. (c) Request for identification of existing buildings of historical, architectural, and cultural significance. (d) Construction and acquisition of public buildings with due regard to comparative urgency of need. 612. Definitions. 612a. Additional definitions. 613. Exemption of certain public buildings projects. 614. Delegation of authority. 615. Leasing of buildings by and for General Services Administration; authority of Postal Service. 616. Dwight D. Eisenhower Memorial Bicentennial Civic Center. (a) Development, construction, operation, and maintenance of facilities for conventions, exhibitions, meetings, and other social, cultural, and business activities; location. (b) Plan, design, and costs of civic center; administrative approval and review; filing plats showing opening, extension, widening, or closing of streets, roads, highways, and alleys. (c) Land acquisition. (d) Contract authority; leases: term, nominal rental; purchase contracts: payment term, vesting of title in the District of Columbia, application of installment payments to purchase price, provisions securing performance of obligations, amortization, interest rate, reimbursement of contractors for certain costs, and Congressional committee approval of design, plans, and specifications. (e) Full faith and credit of the District of Columbia. (f) Gifts, services, securities, and other property: acceptance and administration; operation of civic center: District of Columbia or other entity; contractual operation: terms and conditions, employment of Federal, District of Columbia, and voluntary personnel. 617. State administration of criminal and health and safety laws. 618. Special rules for leased buildings. (a) Specifications. (b) Competitive procedures. (c) Inspections. (d) Enforcement. 619. Compliance with nationally recognized codes. (a) Building codes. (b) Zoning laws. (c) Special rules. (d) State and local government recommendations. (e) Effect of noncompliance. (f) Limitation on liability. (g) Applicability to certain buildings. (h) National security waiver. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 5817. ------DocID 44344 Document 590 of 816------ -CITE- 40 USC Sec. 601 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 601. Prohibition on construction of buildings except by Administrator of General Services -STATUTE- No public building shall be constructed except by the Administrator, who shall construct such public building in accordance with this chapter. -SOURCE- (Pub. L. 86-249, Sec. 2, Sept. 9, 1959, 73 Stat. 479.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this Act', meaning Pub. L. 86-249. For complete classification of this Act to the Code, see Short Title note below and Tables. -MISC2- SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-678, Sec. 1, Nov. 17, 1988, 102 Stat. 4049, provided that: 'This Act (enacting sections 617 to 619 of this title, amending sections 318 to 318b, 603, and 606 of this title, repealing section 278a of this title, and enacting provisions set out as notes under this section and section 619 of this title) may be cited as the 'Public Buildings Amendments of 1988'.' SHORT TITLE OF 1976 AMENDMENT Pub. L. 94-541, title I, Sec. 101, Oct. 18, 1976, 90 Stat. 2505, provided that: 'This title (enacting sections 601a and 612a of this title and amending sections 490, 606, and 611 of this title) may be cited as the 'Public Buildings Cooperative Use Act of 1976'.' SHORT TITLE OF 1972 AMENDMENTS Pub. L. 92-520, Sec. 1, Oct. 21, 1972, 86 Stat. 1019, provided: 'That this Act (enacting section 616 of this title and provisions set out as notes under section 616 of this title) may be cited as the 'Dwight D. Eisenhower Memorial Bicentennial Civic Center Act'.' Pub. L. 92-313, Sec. 1, June 16, 1972, 86 Stat. 216, provided: 'That this Act (enacting section 602a of this title, amending sections 490, 603, 606, and 611 of this title, and enacting provisions set out as notes under sections 175 and 603 of this title) may be cited as the 'Public Buildings Amendments of 1972'.' SHORT TITLE Section 1 of Pub. L. 86-249 provided: 'That this Act (enacting this chapter, amending section 490 of this title, and repealing sections 23, 24, 32, 33, 59, 254, 259, 260, 262 to 265, 267, 268, 274 to 276, 277, 278, 282, 297 to 298, 298c, 341 to 342a, 344, 345, 346 to 350a, and 352 to 354 of this title) may be cited as the 'Public Buildings Act of 1959'.' CENTRAL INTELLIGENCE AGENCY AUTHORITIES Pub. L. 100-678, Sec. 9, Nov. 17, 1988, 102 Stat. 4053, provided that: 'Nothing in this Act (including any amendment made by this Act (see Short Title of 1988 Amendment note above)) shall be construed to affect the authorities granted in sections 5, 6, and 8 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403f, 403g, and 403j).' -CROSS- CROSS REFERENCES Design and construction of public buildings to accommodate the physically handicapped, see section 4151 et seq. of Title 42, The Public Health and Welfare. ------DocID 44345 Document 591 of 816------ -CITE- 40 USC Sec. 601a -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 601a. Duties of Administrator; Federal agency accommodations; historical and architectural preservation of public buildings; consultation with Governors, agencies, and chief executive officers -STATUTE- (a) In order to carry out his duties under this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary for the accommodation of Federal agencies and to accomplish the purposes of this title, the Administrator shall - (1) acquire and utilize space in suitable buildings of historic, architectural, or cultural significance, unless use of such space would not prove feasible and prudent compared with available alternatives; (2) encourage the location of commercial, cultural, educational, and recreational facilities and activities within public buildings; (3) provide and maintain space, facilities, and activities, to the extent practicable, which 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 such 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. (b) In carrying out his duties under subsection (a) of this section, the Administrator shall consult with Governors, 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 shall solicit the comments of such other community leaders and members of the general public as he deems appropriate. -SOURCE- (Pub. L. 94-541, title I, Sec. 102, Oct. 18, 1976, 90 Stat. 2505.) -REFTEXT- REFERENCES IN TEXT This title, referred to in subsec. (a), means title I of Pub. L. 94-541, Oct. 18, 1976, 90 Stat. 2505, the Public Buildings Cooperative Use Act of 1976, which enacted sections 601a and 612a of this title and amended sections 490, 606, and 611 of this title. For complete classification of this act to the Code, see Short Title of 1976 Amendment note set out under section 601 of this title and Tables. The Demonstration Cities and Metropolitan Development Act of 1966, referred to in subsec. (b), is Pub. L. 89-754, Nov. 3, 1966, 80 Stat. 1255, as amended. Title II of the Demonstration Cities and Metropolitan Development Act of 1966 is classified generally to subchapter II (Sec. 3331 et seq.) of chapter 41 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of Title 42 and Tables. -COD- CODIFICATION In subsec. (b), 'section 6506 of title 31' substituted for 'title IV of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4231 et seq.)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Public Buildings Cooperative Use Act of 1976, and not as part of the Public Buildings Act of 1959 which comprises this chapter. ------DocID 44346 Document 592 of 816------ -CITE- 40 USC Sec. 602 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 602. Acquisition of buildings and their sites -STATUTE- The Administrator is authorized to acquire, by purchase, condemnation, donation, exchange, or otherwise, any building and its site which he determines to be necessary to carry out his duties under this chapter. -SOURCE- (Pub. L. 86-249, Sec. 3, Sept. 9, 1959, 73 Stat. 479.) ------DocID 44347 Document 593 of 816------ -CITE- 40 USC Sec. 602a -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 602a. Purchase contracts -STATUTE- (a) Authority of Administrator; terms; vesting of title; application of installment payments to purchase price; procedures; report of negotiations to Congressional committees; solicitation of proposals Whenever the Administrator of General Services determines that the best interests of the United States will be served by taking action hereunder, he is authorized to provide space by entering into purchase contracts, the terms of which shall not be more than thirty years and which shall provide in each case that title to the property shall vest in the United States at or before the expiration of the contract term and upon fulfillment of the terms and conditions stipulated in each of such purchase contracts. Such terms and conditions shall include provision for the application to the purchase price agreed upon therein of installment payments made thereunder. Each purchase contract authorized by this section shall be entered into pursuant to the provisions of title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.). If any such contract is negotiated, the determination and findings supporting such negotiation shall be promptly reported in writing to the Committees on Public Works of the Senate and House of Representatives. Proposals for purchase contracts shall be solicited from the maximum number of qualified sources consistent with the nature and requirements of the facility to be procured. (b) Contract provisions; limitations on amount of payments Each such purchase contract shall include such provisions as the Administrator of General Services, in his discretion, shall deem to be in the best interests of the United States and appropriate to secure the performance of the obligations imposed upon the party or parties that shall enter into such agreement with the United States. No such purchase contract shall provide for any payments to be made by the United States in excess of the amount necessary, as determined by the Administrator, to - (1) amortize the cost of construction of improvements to be constructed plus the fair market value, on the date of the agreement, of the site, if not owned by the United States; and (2) provide a reasonable rate of interest on the outstanding principal as determined under paragraph (1) above; and (3) reimburse the contractor for the cost of any other obligations required of him under the contract, including (but not limited to) payment of taxes, costs of carrying appropriate insurance, and costs of repair and maintenance if so required of the contractor. (c) Utilization of funds for payments Funds available on June 16, 1972, for the payment of rent and related charges for premises, whether appropriated directly to the General Services Administration or to any other agency of the Government and received by said Administration for such purpose, may be utilized by the Administrator of General Services to make payments becoming due from time to time from the United States as current charges in connection with agreements entered into under authority of this section. (d) State and local taxes With respect to any interest in real property acquired under the provisions of this section, the same shall be subject to State and local taxes until title to the same shall pass to the Government of the United States. (e) Agreements to effectuate purposes; development and improvement of land; construction of projects previously approved; increase of estimated maximum cost For the purpose of purchase contracts provided for in this section for the erection by the contractor of buildings and improvements for the use of the United States, the Administrator is authorized to enter into agreements with any person, copartnership, corporation, or other public or private entity, to effectuate any of the purposes of this section; and is further authorized to bring about the development and improvement of any land owned by the United States and under the control of the General Services Administration including the demolition of obsolete and outmoded structures situated thereon, by providing for the construction thereon by others of such structures and facilities as shall be the subject of the applicable purchase contracts, and by making available such plans and specifications for the construction of a public building thereon as the Government may possess. Projects heretofore approved pursuant to the provisions of this chapter may be constructed under authority of this section without further approval, and the prospectuses submitted to obtain such approval shall for all purposes, be considered as prospectuses for the purchase of space, except that any such project shall be subject to the requirements of section 606(b) of this title, based upon an estimated maximum cost increased by not more than an average of 10 per centum per year, exclusive of financing or other costs attributable to the use of the method of construction authorized by this section. (f) Submission and approval of prospectus as prerequisite; exceptions; procedure Except for previously approved prospectuses referred to in subsection (e) of this section, no purchase contract shall be entered into pursuant to the authority of this section until a prospectus therefor has been submitted and approved in accordance with section 606 of this title. (g) Expiration of contracting authority No purchase contract shall be entered into under the authority granted under this section after the end of the third fiscal year which begins after June 16, 1972. (h) Prohibition on providing space until expiration of 30 days from notification of Congressional committees by Administrator No space shall be provided pursuant to this section until after the expiration of 30 days from the date upon which the Administrator of General Services notifies the Committees on Appropriations of the Senate and House of Representatives of his determination that the best interests of the Federal Government will be served by providing such space by entering into a purchase contract therefor. -SOURCE- (Pub. L. 92-313, Sec. 5, June 16, 1972, 86 Stat. 219.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 393, as amended. Title III of the Federal Property and Administrative Services Act of 1949 is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. This chapter, referred to in subsec. (e), was in the original 'the Public Buildings Act of 1959, as amended (40 U.S.C. 601 et seq.)', meaning Pub. L. 86-249. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Public Buildings Amendments of 1972, and not as part of the Public Buildings Act of 1959 which comprises this chapter. -CHANGE- CHANGE OF NAME Committee on Public Works of the Senate abolished and replaced by Committee on Environment and Public Works of the Senate, effective Feb. 11, 1977. See 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 Feb. 4, 1977. Committee on Public Works of the House of Representatives changed to Committee on Public Works and Transportation of the House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress. -MISC4- EFFECTIVE DATE Section effective June 16, 1972, see section 11 of Pub. L. 92-313, set out as an Effective Date of 1972 Amendment note under section 603 of this title. ISSUANCE OF REGULATIONS PURSUANT TO PUBLIC BUILDINGS AMENDMENTS OF 1972; APPROVAL OF RATES FOR SPACE AND SERVICES FURNISHED Administrator to issue and coordinate regulations with Office of Management and Budget and Director of such Office to approve rates for space and services furnished, see section 7 of Pub. L. 92-313, set out as a note under section 603 of this title. ------DocID 44348 Document 594 of 816------ -CITE- 40 USC Sec. 603 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 603. Alteration of buildings; acquisition of land; exemption from committee approval -STATUTE- (a) The Administrator is authorized to alter any public building, and to acquire in accordance with section 604 of this title such land as may be necessary to carry out such alteration. (b) No approval under section 606 of this title shall be required for any alteration and acquisition authorized by this section the estimated maximum cost of which does not exceed $1,500,000. -SOURCE- (Pub. L. 86-249, Sec. 4, Sept. 9, 1959, 73 Stat. 479; Pub. L. 92-313, Sec. 2(1), June 16, 1972, 86 Stat. 216; Pub. L. 100-678, Sec. 2, Nov. 17, 1988, 102 Stat. 4049.) -MISC1- AMENDMENTS 1988 - Subsec. (b). Pub. L. 100-678 substituted '$1,500,000' for '$500,000'. 1972 - Subsec. (b). Pub. L. 92-313 substituted '$500,000' for '$200,000'. EFFECTIVE DATE OF 1972 AMENDMENT Section 11 of Pub. L. 92-313 provided that: 'This Act (see Short Title of 1972 Amendment note set out under section 601 of this title) shall become effective upon enactment (June 16, 1972). The effective date of applying the rates to be charged pursuant to the regulations to be issued under subsections (j) and (k) of section 210 of the Federal Property and Administrative Services Act of 1949, as amended (section 490(j) and (k) of this title), shall be as determined by the Administrator of General Services but in any event shall not be later than the beginning of the third full fiscal year subsequent to the enactment thereof.' ISSUANCE OF REGULATIONS PURSUANT TO PUBLIC BUILDINGS AMENDMENTS OF 1972; APPROVAL OF RATES FOR SPACE AND SERVICES FURNISHED Section 7 of Pub. L. 92-313 provided that: 'To carry out the provisions of the Public Buildings Amendments of 1972 (see Short Title of 1972 Amendment note set out under section 601 of this title), the Administrator of General Services shall issue such regulations as he deems necessary. Such regulations shall be coordinated with the Office of Management and Budget, and the rates established by the Administrator of General Services pursuant to sections 210(j) and 210(k) of the Federal Property and Administrative Services Act of 1949, as amended (section 490(j) and (k) of this title), shall be approved by the Director of the Office of Management and Budget.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 606, 614 of this title. ------DocID 44349 Document 595 of 816------ -CITE- 40 USC Sec. 604 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 604. Sites -STATUTE- (a) Acquisition of lands or interests therein The Administrator is authorized to acquire, by purchase, condemnation, donation, exchange, or otherwise, such lands or interests in lands as he deems necessary for use as sites, or additions to sites, for public buildings authorized to be constructed or altered under this chapter. (b) Public buildings used in whole or in part for post office purposes; cooperation between Administrator and Postal Service Whenever a public building is to be used in whole or in part for post office purposes, the Administrator shall act jointly with the United States Postal Service in selecting the town or city wherein such building is to be constructed, and in selecting the site in such town or city for such building. (c) Solicitation of proposals for sale, donation, or exchange of real property; selection of site most advantageous to United States Whenever the Administrator is to acquire a site under this section, he may, if he deems it necessary, solicit by public advertisement, proposals for the sale, donation, or exchange of real property to the United States to be used as such site. In selecting a site under this section the Administrator (with the concurrence of the United States Postal Service if the public building to be constructed thereon is to be used in whole or in part for post office purposes) is authorized to select such site as in his estimation is the most advantageous to the United States, all factors considered, and to acquire such site without regard to title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.). -SOURCE- (Pub. L. 86-249, Sec. 5, Sept. 9, 1959, 73 Stat. 479; Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 393, as amended. Title III of the Federal Property and Administrative Services Act of 1949 is classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For completed classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -TRANS- TRANSFER OF FUNCTIONS In subsecs. (b) and (c), 'United States Postal Service' substituted for 'Postmaster General' pursuant to Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 603 of this title. ------DocID 44350 Document 596 of 816------ -CITE- 40 USC Sec. 605 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 605. Construction of new buildings -STATUTE- (a) Replacement of existing buildings; demolition, exchange or sale Whenever the Administrator deems it to be in the best interest of the United States to construct a new public building to take the place of an existing public building, he is authorized to demolish the existing building and to use the site on which it is located for the site of the proposed public building, or, if in his judgment it is more advantageous to construct such public building on a different site in the same city, he is authorized to exchange such building and site, or such site, for another site, or to sell such building and site in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.). (b) Sale or exchange of sites Whenever the Administrator determines that a site acquired for the construction of a public building is not suitable for that purpose, he is authorized to exchange such site for another, or to sell it in accordance with the provisions of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.). (c) Committee approval as condition precedent to use of land as site for building Nothing in this section shall be deemed to permit the Administrator to use any land as a site for a public building if such project has not been approved in accordance with section 606 of this title. -SOURCE- (Pub. L. 86-249, Sec. 6, Sept. 9, 1959, 73 Stat. 479.) -REFTEXT- REFERENCES IN TEXT The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsecs. (a) and (b), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended. Provisions of that act relating to disposal of government property are classified to chapter 10 (Sec. 471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -CROSS- CROSS REFERENCES Design and construction of public buildings to accommodate the physically handicapped, see section 4151 et seq. of Title 42, The Public Health and Welfare. ------DocID 44351 Document 597 of 816------ -CITE- 40 USC Sec. 606 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 606. Approval of proposed projects by Congress -STATUTE- (a) Limitation of funds; transmission to Congress of prospectus of proposed project In order to insure the equitable distribution of public buildings throughout the United States with due regard for the comparative urgency of need for such buildings, except as provided in section 603 of this title, no appropriation shall be made to construct, alter, purchase, or to acquire any building to be used as a public building which involves a total expenditure in excess of $1,500,000 if such construction, alteration, purchase, or acquisition has not been approved by resolutions adopted by the Committee on Public Works of the Senate and House of Representatives, respectively. No appropriations shall be made to lease any space at an average annual rental in excess of $1,500,000 for use for public purposes if such lease has not been approved by resolutions adopted by the Committee on Public Works of the Senate and House of Representatives, respectively. No appropriation shall be made to alter any building, or part thereof, which is under lease by the United States for use for a public purpose if the cost of such alteration would exceed $750,000 unless such alteration has been approved by resolutions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. For the purpose of securing consideration for such approval, the Administrator shall transmit to the Congress a prospectus of the proposed facility, including (but not limited to) - (1) a brief description of the building to be constructed, altered, purchased, 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 United States of the facility to be constructed, altered, purchased, 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 such of those buildings as enhance the architectural, historical, social, cultural, and economic environment of the locality; (4) with respect to any project for the construction, alteration, purchase, 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 or purchasing a building or buildings identified to the Administrator pursuant to section 611(c) of this title as suitable for the public building needs of the Federal Government; and (6) a statement of rents and other housing costs currently being paid by the Government for Federal agencies to be housed in the building to be constructed, altered, purchased, acquired, or the space to be leased. (b) Increase of estimated maximum cost The estimated maximum cost of any project approved under this section as set forth in any prospectus may be increased by an amount equal to the percentage increase, if any, as determined by the Administrator, in construction, or alteration costs, as the case may be, from the date of transmittal of such prospectus to Congress, but in no event shall the increase authorized by this subsection exceed 10 per centum of such estimated maximum cost. (c) Rescission of approval for failure to make appropriations for project In the case of any project approved for construction, alteration, or acquisition by the Committees on Public Works of the Senate and of the House of Representatives, respectively, in accordance with subsection (a) of this section, for which an appropriation has not been made within one year after the date of such approval, either the Committee on Public Works of the Senate or the Committee on Public Works of the House of Representatives, may rescind, by resolution, its approval of such project at any time thereafter before such an appropriation has been made. (d) Emergency leases by the Administrator Nothing in this section shall be construed to prevent the Administrator from entering into emergency leases during any period declared by the President to require such emergency leasing authority, except that no such emergency lease shall be for a period of more than 180 days without approval of a prospectus for such lease in accordance with subsection (a) of this section. (e) Limitation on leasing certain space (1) General rule The Administrator may not lease any space to accommodate - (A) computer and telecommunications operations; (B) secure or sensitive activities related to the national defense or security, except in any case in which it would be inappropriate to locate such activities in a public building or other facility identified with the United States Government; or (C) a permanent courtroom, judicial chamber, or administrative office for any United States court; if the average rental cost of leasing such space would exceed $1,500,000. (2) Exception The Administrator may lease any space with respect to which paragraph (1) applies if the Administrator first determines, for reasons set forth in writing, that leasing such space is necessary to meet requirements which cannot be met in public buildings and submits such reasons to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. (f) Dollar amount adjustment Any dollar amount referred to in this section and section 603(b) of this title may be adjusted by the Administrator annually to reflect a percentage increase or decrease in construction costs during the preceding calendar year, as determined by the composite index of construction costs of the Department of Commerce. Any such adjustment shall be expeditiously reported to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives. -SOURCE- (Pub. L. 86-249, Sec. 7, Sept. 9, 1959, 73 Stat. 480; Pub. L. 92-313, Sec. 2(4), June 16, 1972, 86 Stat. 217; Pub. L. 94-541, title I, Sec. 103(1), (2), Oct. 18, 1976, 90 Stat. 2505; Pub. L. 100-678, Sec. 2-4, Nov. 17, 1988, 102 Stat. 4049, 4050.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-678, Sec. 2, 3(a), substituted '$1,500,000' for '$500,000' in two places and inserted after second sentence 'No appropriation shall be made to alter any building, or part thereof, which is under lease by the United States for use for a public purpose if the cost of such alteration would exceed $750,000 unless such alteration has been approved by resolutions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives.' Subsec. (e). Pub. L. 100-678, Sec. 3(b), added subsec. (e). Subsec. (f). Pub. L. 100-678, Sec. 4, added subsec. (f). 1976 - Subsec. (a)(3). Pub. L. 94-541, Sec. 103(1), required the comprehensive plan to have due regard for suitable space available in existing Government-owned or occupied buildings 'especially such of those buildings as enhance the architectural, historical, social, cultural, and economic environment of the locality'. Subsec. (a)(5), (6). Pub. L. 94-541, Sec. 103(2), added cl. (5) and redesignated former cl. (5) as (6). 1972 - Subsec. (a). Pub. L. 92-313 inserted provisions relating to purchase of any building to be used as a public building and lease of any space for use for public purposes, increased from $100,000 for construction and acquisition and from $200,000 for alteration to $500,000 as the maximum appropriation authorized to be made for the construction, alteration, purchase, and acquisition of any building without specified approval pursuant to resolutions adopted by the Committees on Public Works of the Senate and House of Representatives, and expanded required contents of prospectus transmitted by the Administrator to the Congress. Subsecs. (b), (c). Pub. L. 92-313 reenacted provisions without change. Subsec. (d). Pub. L. 92-313 substituted provisions authorizing the Administrator to enter into emergency leases in accordance with the specified conditions for provisions setting forth restrictions on the approval of new projects. -CHANGE- CHANGE OF NAME Committee on Public Works of the Senate abolished and replaced by Committee on Environment and Public Works of the Senate, effective Feb. 11, 1977. See 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 Feb. 4, 1977. Committee on Public Works of the House of Representatives changed to Committee on Public Works and Transportation of the House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress. -MISC4- EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-313 effective June 16, 1972, see section 11 of Pub. L. 92-313, set out as a note under section 603 of this title. ISSUANCE OR REGULATIONS PURSUANT TO PUBLIC BUILDINGS AMENDMENTS OF 1972; APPROVAL OF RATES FOR SPACE AND SERVICES FURNISHED Administrator to issue and coordinate regulations with office of Management and Budget and Director of such Office to approve rates for space and services furnished, see section 7 of Pub. L. 92-313, set out as a note under section 603 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 602a, 603, 605, 610, 611 of this title; title 31 section 781. ------DocID 44352 Document 598 of 816------ -CITE- 40 USC Sec. 607 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 607. Buildings and sites within District of Columbia -STATUTE- (a) Construction in harmony with plan of Peter Charles L'Enfant The purposes of this chapter shall be carried out in the District of Columbia as nearly as may be practicable in harmony with the plan of Peter Charles L'Enfant and such public buildings shall be so constructed or altered as to combine architectural beauty with practical utility. (b) Contiguous squares; closing of streets and alleys Whenever in constructing or altering a public building under this chapter in the District of Columbia the Administrator determines that such construction or alteration requires the utilization of contiguous squares as a site for such building, such portions of streets as lie between such squares and such alleys as intersect such squares are authorized to be closed and vacated if such closing and vacating is mutually agreed to by the Administrator, the Council of the District of Columbia, and the National Capital Planning Commission. The portions of such streets and alleys so closed and vacated shall thereupon become part of such site. (c) Consultations prior to acquisitions With respect to any lands located south of Independence Avenue, between Third Street SW. and Eleventh Street SE., in the District of Columbia, no such lands shall be acquired by the Administrator for use as sites, or additions to sites, without prior consultation with the House Office Building Commission created by the Act of March 4, 1907. With respect to any lands located in the area extending from the United States Capitol Grounds to Eleventh Street NE. and SE. and bounded by Independence Avenue on the south and G Street NE. on the north, in the District of Columbia, no such lands shall be acquired by the Administrator for use as sites, or additions to sites, without prior consultation with the Architect of the Capitol. (d) Stadium; contracts for athletic and other events; additional seating capacity: financing, terms and conditions; restriction of right to revenues (1) Notwithstanding the District of Columbia Stadium Act of 1957 (D.C. Code, Sec. 2-321 et seq.) or any other provision of law, the Armory Board (hereafter in this subsection referred to as the 'Board'), created by the Act of June 4, 1948 (D.C. Code, sec. 2-1702 (sec. 2-302)), is hereby authorized to enter into contracts for the conduct in the Robert F. Kennedy Stadium authorized by such Act of 1957 of major league football, baseball, and softball, and motorcycle races, rodeos, musical concerts, and other events, and to increase the seating capacity of such stadium by an additional number of seats, not to exceed eight thousand, and at a cost not to exceed $1,500,000. Notwithstanding such Act of 1957, or any other provision of law, the Board is further authorized to borrow such sums as may be necessary to provide for the additional seating authorized by this subsection in accordance with the following terms and conditions, which terms and conditions shall be effective during the period that any of such sums so borrowed remain unpaid: (A) 50 per centum of all revenues from professional football derived from such additional seats shall be used solely for the purpose of repaying the sums borrowed for such seats; (B) 44 per centum of such revenues shall be paid to the team operating under the trade name of the Washington Redskins, or its successors; and (C) 6 per centum of such revenues shall be subject to the provisions of section 6 of such Act of 1957 (D.C. Code, Sec. 2-325). (2) In no case shall the National Football League or any team within such league (other than the aforementioned Redskins team or its successors), during the period within which any part of such sums so borrowed pursuant to paragraph (1) of this subsection remains unpaid, be considered as being entitled to, or as acquiring any right in connection with, any part of the revenues attributable to the additional seats authorized by this subsection. -SOURCE- (Pub. L. 86-249, Sec. 8, Sept. 9, 1959, 73 Stat. 481; Pub. L. 87-476, Sec. 1-3, June 8, 1962, 76 Stat. 92; 1967 Reorg. Plan No. 3, Sec. 402(431), eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93-72, July 10, 1973, 87 Stat. 169; Pub. L. 93-198, title IV, Sec. 401, Dec. 24, 1973, 87 Stat. 785.) -REFTEXT- REFERENCES IN TEXT Provisions of the Act of March 4, 1907, referred to in subsec. (c), that created the House Office Building Commission are classified to section 175 of this title. The District of Columbia Stadium Act of 1957, referred to in subsec. (d), is Pub. L. 85-300, Sept. 7, 1957, 71 Stat. 619, as amended, which appears in subchapter II (Sec. 2-321 et seq.) of chapter 3 of Title 2, District Boards and Commissions, of the District of Columbia Code. Act of June 4, 1948, referred to in subsec. (d), is act June 4, 1948, ch. 418, 62 Stat. 339, which appears in subchapter I (Sec. 2-301 et seq.) of chapter 3 of Title 2 of the District of Columbia Code. -MISC2- AMENDMENTS 1973 - Subsec. (d). Pub. L. 93-72 added subsec. (d). 1962 - Subsecs. (a) to (c). Pub. L. 87-476 repealed subsec. (a), redesignated subsecs. (b) and (c) as (a) and (b), respectively, and added subsec. (c). -TRANS- TRANSFER OF FUNCTIONS 'Council of the District of Columbia' substituted for 'District of Columbia Council' in subsec. (b), pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. Previously, reference to the Board of Commissioners of the District of Columbia had been changed to the District of Columbia Council pursuant to section 402(431) of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, set out in the Appendix to Title 5, Government Organizations and Employees, which transferred the regulatory and other functions of the Board of Commissioners relating to agreements as to the closing and vacating of alleys and portions of streets to the District of Columbia Council, subject to the right of the Commissioner as provided by section 406 of the Plan. For provisions establishing the District of Columbia Council, see section 201 of the Reorg. Plan No. 3 of 1967. ------DocID 44353 Document 599 of 816------ -CITE- 40 USC Sec. 608 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 608. Authorization for construction or alteration by contract -STATUTE- The Administrator is authorized to carry out any construction or alteration authorized by this chapter by contract, if he deems it to be most advantageous to the United States. -SOURCE- (Pub. L. 86-249, Sec. 9, Sept. 9, 1959, 73 Stat. 481.) ------DocID 44354 Document 600 of 816------ -CITE- 40 USC Sec. 609 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 609. Architectural or engineering services -STATUTE- (a) Employment by Administrator The Administrator, whenever he determines it to be necessary, is authorized to employ, by contract or otherwise, and without regard to chapter 51 and subchapter III of chapter 53 of title 5, or to the civil service laws, rules, and regulations, or to section 5 of title 41, the services of established architectural or engineering corporations, firms, or individuals, to the extent he may require such services for any public building authorized to be constructed or altered under this chapter. (b) Employment on permanent basis No corporation, firm, or individual shall be employed under authority of subsection (a) of this section on a permanent basis. (c) Responsibility of Administrator for construction Notwithstanding any other provision of this section the Administrator shall be responsible for all construction authorized by this chapter, including the interpretation of construction contracts, the approval of materials and workmanship supplied pursuant to a construction contract, approval of changes in the construction contract, certification of vouchers for payments due the contractor, and final settlement of the contract. -SOURCE- (Pub. L. 86-249, Sec. 10, Sept. 9, 1959, 73 Stat. 481.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (a), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -COD- CODIFICATION In subsec. (a), 'chapter 51 and subchapter III of chapter 53 of title 5' substituted for 'the Classification Act of 1949, as amended' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. -CROSS- CROSS REFERENCES Design and construction of public buildings to accommodate the physically handicapped, see section 4151 et seq. of Title 42, The Public Health and Welfare. ------DocID 44355 Document 601 of 816------ -CITE- 40 USC Sec. 610 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 610. Report to Congress; uncompleted projects; building project surveys -STATUTE- (a) Upon the request of either House of Congress, or any committee thereof, and within a reasonable time, the Administrator shall submit a report showing the location, space, cost, and status, of each public building the construction, alteration, or acquisition of which is to be under authority of this chapter and which was uncompleted as of the date of the request, or as of such other date as the request may designate. (b) The Administrator and the United States Postal Service are authorized and directed to make such building project surveys as may be requested by resolution by either the Committee on Environment and Public Works of the Senate or the Committee on Public Works and Transportation of the House of Representatives, and within a reasonable time shall make a report thereon to the Congress. Such report shall contain all other information required to be included in a prospectus of the proposed public building project under section 606(a) of this title. -SOURCE- (Pub. L. 86-249, Sec. 11, Sept. 9, 1959, 73 Stat. 481; Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773; H. Res. 988, Jan. 3, 1975; S. Res. 4, Feb. 4, 1977; Pub. L. 96-470, title II, Sec. 211, Oct. 19, 1980, 94 Stat. 2246.) -MISC1- AMENDMENTS 1980 - Subsec. (a). Pub. L. 96-470 substituted 'Upon the request of either House of Congress, or any committee thereof, and within a reasonable time, the Administrator shall submit' for 'The Administrator shall submit to Congress each January, promptly after the convening of Congress,' and 'request, or as of such other date as the request may designate' for 'last preceding report made under this chapter'. -CHANGE- CHANGE OF NAME Committee on Public Works of the Senate abolished and replaced by Committee on Environment and Public Works of the Senate, effective Feb. 11, 1977. See 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 Feb. 4, 1977. Committee on Public Works of the House of Representatives changed to Committee on Public Works and Transportation of the House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress. -TRANS- TRANSFER OF FUNCTIONS In subsec. (b), 'United States Postal Service' substituted for 'Postmaster General' pursuant to Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. -CROSS- CROSS REFERENCES Design and construction of public buildings to accommodate the physically handicapped, see section 4151 et seq. of Title 42, The Public Health and Welfare. ------DocID 44356 Document 602 of 816------ -CITE- 40 USC Sec. 611 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 611. Continuing investigation and survey of public buildings -STATUTE- (a) Authorization of Administrator The Administrator is authorized and directed to make a continuing investigation and survey of the public buildings needs of the Federal Government in order that he may carry out his duties under this chapter, and to submit to Congress prospectuses of proposed projects in accordance with section 606(a) of this title. (b) Cooperation with Federal agencies In carrying out his duties under this chapter the Administrator shall cooperate with all Federal agencies in order to keep informed of their needs, shall advise each such agency of his program with respect to such agency, and may request the cooperation and assistance of each Federal agency in carrying out his duties under this chapter. Each Federal agency shall cooperate with, advise, and assist the Administrator in carrying out his duties under this chapter as determined necessary by the Administrator to carry out the purposes of this chapter. (c) Request for identification of existing buildings of historical, architectural, and cultural significance Whenever the Administrator undertakes a survey of the public buildings needs of the Federal Government within a geographical area, he shall request that, within sixty days, the Advisory Council on Historic Preservation established by title II of the Act of October 15, 1966 (16 U.S.C. 470i), identify any existing buildings within such geographical area that (1) are of historic, architectural, or cultural significance (as defined in section 612a of this title) and (2) would be suitable, whether or not in need of repair, alteration, or addition, for acquisition or purchase to meet the public buildings needs of the Federal Government. (d) Construction and acquisition of public buildings with due regard to comparative urgency of need The Administrator in carrying out his duties under this chapter shall provide for the construction and acquisition of public buildings equitably throughout the United States with due regard to the comparative urgency of the need for each particular building. In developing plans for such new buildings, the Administrator shall give due consideration to excellence of architecture and design. -SOURCE- (Pub. L. 86-249, Sec. 12, Sept. 9, 1959, 73 Stat. 482; Pub. L. 92-313, Sec. 2(2), (3), June 16, 1972, 86 Stat. 216, 217; Pub. L. 94-541, title I, Sec. 103(3), Oct. 18, 1976, 90 Stat. 2506.) -REFTEXT- REFERENCES IN TEXT Act of October 15, 1966, referred to in subsec. (c), is Pub. L. 89-665, Oct. 15, 1966, 80 Stat. 915, as amended, popularly known as the National Historic Preservation Act. Title II of the Act is classified generally to sections 470i to 470v of Title 16, Conservation. For complete classification of this Act to the Code, see section 470 of Title 16 and Tables. -COD- CODIFICATION Section consists of subsecs. (a) to (d) of section 12 of Pub. L. 86-249. Subsec. (e) of Pub. L. 86-249 (formerly subsec. (d) and redesignated (e) by section 103(3) of Pub. L. 94-541) amended section 490(h)(1) of this title. -MISC3- AMENDMENTS 1976 - Subsecs. (c), (d). Pub. L. 94-541 added subsec. (c) and redesignated former subsec. (c) as (d). 1972 - Subsec. (a). Pub. L. 92-313, Sec. 2(2), struck out 'as he determines necessary,' after 'this chapter, and,'. Subsec. (c). Pub. L. 92-313, Sec. 2(3), inserted provisions relating to development of plans for new buildings by the Administrator. EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-313 effective June 16, 1972, see section 11 of Pub. L. 92-313, set out as a note under section 603 of this title. TERMINATION OF ADVISORY COUNCILS Advisory councils 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 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ISSUANCE OF REGULATIONS PURSUANT TO PUBLIC BUILDINGS AMENDMENTS OF 1972; APPROVAL OF RATES FOR SPACE AND SERVICES FURNISHED Administrator to issue and coordinate regulations with Office of Management and Budget and Director of such Office to approve rates for space and services furnished, see section 7 of Pub. L. 92-313, set out as a note under section 603 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 606 of this title. ------DocID 44357 Document 603 of 816------ -CITE- 40 USC Sec. 612 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 612. Definitions -STATUTE- As used in this chapter - (1) The term 'public building' means any building, whether for single or multitenant occupancy, its grounds, approaches, and appurtenances, which is generally suitable for office or storage space or both for the use of one or more Federal agencies or mixed ownership corporations, and shall include: (i) Federal office buildings, (ii) post office, (iii) customhouses, (iv) courthouses, (v) appraisers stores, (vi) border inspection facilities, (vii) warehouses, (viii) record centers, (ix) relocation facilities, and (x) similar Federal facilities, and (xi) any other buildings or construction projects the inclusion of which the President may deem, from time to time hereafter, to be justified in the public interest; but shall not include any such buildings and construction projects: (A) on the public domain (including that reserved for national forests and other purposes), (B) on properties of the United States in foreign countries, (C) on Indian and native Eskimo properties held in trust by the United States, (D) on lands used in connection with Federal programs for agricultural, recreational, and conservation purposes, including research in connection therewith, (E) on or used in connection with river, harbor, flood control, reclamation or power projects, or for chemical manufacturing or development projects, or for nuclear production, research, or development projects, (F) on or used in connection with housing and residential projects, (G) 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), (H) on Veterans' Administration installations used for hospital or domiciliary purposes, and (I) the exclusion of which the President may deem, from time to time hereafter, to be justified in the public interest. (2) The term 'Administrator' means the Administrator of General Services. (3) The term 'Federal agency' means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction). (4) The term 'executive agency' means any executive department or independent establishment in the executive branch of the Government including any wholly owned Government corporation and including (A) the Central-Bank for Cooperatives and the regional banks for cooperatives, (B) Federal land banks, (C) Federal intermediate credit banks, ((D) Repealed. Pub. L. 101-73, title VII, Sec. 744(g), Aug. 9, 1989, 103 Stat. 438), (E) Federal Deposit Insurance Corporation, and (F) the Government National Mortgage Association. (5) The term 'alter' includes repairing, remodeling, improving, or extending or other changes in a public building. (6) The terms 'construct' and 'alter' include preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the construction or alteration, as the case may be, of a public building. (7) The term 'United States' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. -SOURCE- (Pub. L. 86-249, Sec. 13, Sept. 9, 1959, 73 Stat. 482; Pub. L. 90-448, title VIII, Sec. 807(f), Aug. 1, 1968, 82 Stat. 544; Pub. L. 101-73, title VII, Sec. 744(g), Aug. 9, 1989, 103 Stat. 438.) -MISC1- AMENDMENTS 1989 - Par. (4)(D). Pub. L. 101-73 struck out subpar. (D) which read as follows: 'Federal home loan banks,'. 1968 - Par. (4). Pub. L. 90-448 substituted 'Government National Mortgage Association' for 'Federal National Mortgage Association'. -CHANGE- CHANGE OF NAME Reference to Veterans' Administration deemed to refer to Department of Veterans Affairs pursuant to section 10 of Pub. L. 100-527, set out as a Department of Veterans Affairs Act note under section 201 of Title 38, Veterans' Benefits. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 490 of this title; title 49 App. section 1344. ------DocID 44358 Document 604 of 816------ -CITE- 40 USC Sec. 612a -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 612a. Additional definitions -STATUTE- As used in this title and in the amendments made by this title - (1) The term 'Administrator' means the Administrator of General Services. (2) The terms 'public building' and 'Federal agency' have the same meaning as is given them in this chapter. (3) The term 'unit of general local government' means any city, county, town, parish, village, or other general purpose political subdivision of a State. (4) The term 'historical, architectural, or cultural significance' includes, but is not limited to, buildings listed or eligible to be listed on the National Register established under section 470a of title 16. (5) The term 'commercial activities' includes, but is not limited to, the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. (6) The term 'cultural activities' includes, but is not limited to, film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not such activities are intended to make a profit. (7) The term 'educational activities' includes, but is not limited to, the operations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities. (8) The term 'recreational activities' includes, but is not limited to, the operations of gymnasiums and related facilities. -SOURCE- (Pub. L. 94-541, title I, Sec. 105, Oct. 18, 1976, 90 Stat. 2507.) -REFTEXT- REFERENCES IN TEXT This title, referred to in introductory text, means title I of Pub. L. 94-541, Oct, 18, 1976, 90 Stat. 2505, the Public Buildings Cooperative Use Act of 1976, which enacted sections 601a and 612a and amended sections 490, 606, and 611 of this title. This chapter, referred to in par. (2), was in the original 'the Public Buildings Act of 1959', meaning Pub. L. 86-249. For complete classification of this Act to the Code, see Short Title note set out under section 601 of this title and Tables. -COD- CODIFICATION Section was enacted as part of the Public Buildings Cooperative Use Act of 1976, and not as part of the Public Buildings Act of 1959 which comprises this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 490, 611 of this title; title 31 section 782. ------DocID 44359 Document 605 of 816------ -CITE- 40 USC Sec. 613 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 613. Exemption of certain public buildings projects -STATUTE- This chapter shall not apply to the construction of any public building - (1) for which an appropriation for construction is made out of the $500,000 made available for construction of small public building projects outside the District of Columbia pursuant to the Public Buildings Act of May 25, 1926, as amended, in the third paragraph, or for which an appropriation is made in the fourth, sixth, seventh, and eighth paragraphs, under the heading 'general services administration' in title I of the Independent Offices Appropriation Act, 1959, (2) which is a project referred to in the first proviso of the fifth paragraph under the heading 'general services administration' in title I of the Independent Offices Appropriation Act, 1959, (3) for which an appropriation for direct construction by an executive agency other than the General Services Administration of a specified public building has been made before September 9, 1959, (4) within the purview of section 1252(c) of title 8 or section 68 of title 19. -SOURCE- (Pub. L. 86-249, Sec. 14, Sept. 9, 1959, 73 Stat. 483.) -REFTEXT- REFERENCES IN TEXT The Public Buildings Act of May 25, 1926, referred to in par. (1), is act May 25, 1926, ch. 380, 44 Stat. 630, as amended, which enacted sections 341, 342, 343 to 345a, 346, and 347 of this title, which were repealed or eliminated by Pub. L. 86-249 which enacted this chapter. Title I of the Independent Offices Appropriation Act, 1959, referred to in pars. (1) and (2), is title I of Pub. L. 85-844, Aug. 28, 1958, 72 Stat. 1063. The fourth through eighth paragraphs under the heading 'General Services Administration', which appear at 72 Stat. 1067, are not classified to the Code, except for the first proviso of the fifth paragraph which is set out as a note under section 356 of this title. ------DocID 44360 Document 606 of 816------ -CITE- 40 USC Sec. 614 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 614. Delegation of authority -STATUTE- The performance, in accordance with standards established by the Administrator of General Services, of the responsibilities and authorities vested in him under this chapter shall, except for the authority contained in section 603 of this title, upon request, be delegated to the appropriate executive agency where the estimated cost of the project does not exceed $100,000, and may be delegated to the appropriate executive agency where the Administrator determines that such delegation will promote efficiency and economy. No delegation of responsibility or authority made under this section shall exempt the person to whom such delegation is made, or the exercise of such responsibility or authority, from any other provision of this chapter. -SOURCE- (Pub. L. 86-249, Sec. 15, Sept. 9, 1959, 73 Stat. 483.) ------DocID 44361 Document 607 of 816------ -CITE- 40 USC Sec. 615 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 615. Leasing of buildings by and for General Services Administration; authority of Postal Service -STATUTE- Nothing in this chapter shall be construed to limit or repeal - (1) existing authorizations for the leasing of buildings by and for the General Services Administration; or (2) the authority conferred by law on the United States Postal Service. -SOURCE- (Pub. L. 86-249, Sec. 16, Sept. 9, 1959, 73 Stat. 483; Pub. L. 91-375, Sec. 6(m)(3), Aug. 12, 1970, 84 Stat. 782.) -MISC1- AMENDMENTS 1970 - Pub. L. 91-375 struck out 'contained' after 'Nothing' and 'use of the' and 'or the Post Office Department' before and after 'General Services Administration' in cl. (1), and substituted in cl. (1) '; or' for ', or' and as cl. (2) 'the authority conferred by law on the United States Postal Service' for 'the authorization for the improvement of public buildings contained in title III of the Act entitled 'An Act to establish a postal policy, to adjust postal rates, to adjust the compensation of postal employees, and for other purposes', approved May 27, 1958 (72 Stat. 134).' EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. ------DocID 44362 Document 608 of 816------ -CITE- 40 USC Sec. 616 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 616. Dwight D. Eisenhower Memorial Bicentennial Civic Center -STATUTE- (a) Development, construction, operation, and maintenance of facilities for conventions, exhibitions, meetings, and other social, cultural, and business activities; location In order to provide for the District of Columbia facilities for the holding of conventions, exhibitions, meetings, and other social, cultural, and business activities, the Mayor of the District of Columbia (hereinafter, 'Mayor') is authorized to provide for the development, construction, operation, and maintenance of the civic center to be designated as the Dwight D. Eisenhower Memorial Bicentennial Civic Center on a site in the Northwest section of the District of Columbia within an area bounded by Eighth Street, H Street, Tenth Street, New York Avenue, and K Street. (b) Plan, design, and costs of civic center; administrative approval and review; filing plats showing opening, extension, widening, or closing of streets, roads, highways, and alleys (1) Such civic center shall be in accordance with a plan, indicating the design and estimated costs, approved by the Mayor and the Council of the District of Columbia, and approved by the National Capital Planning Commission pursuant to section 71d of this title and section 16 of the Act approved June 20, 1938 (D.C. Code, Sec. 5-432), and reviewed by the Commissioner of Fine Arts to the extent required by section 1 of the Act approved May 16, 1930 (D.C. Code, Sec. 5-410). (2) Notwithstanding the provisions of section 12 of the District of Columbia Redevelopment Act of 1945, as amended (D.C. Code, Sec. 5-811), the urban renewal plan, approved pursuant to section 6(b)(2) of such Act (D.C. Code, Sec. 5-805(b)(2)), for an urban renewal area in which the civic center is located shall be deemed to be modified by the plan approved pursuant to this subsection and the National Capital Planning Commission shall certify such urban renewal plan, as modified, to the District of Columbia Redevelopment Land Agency. (3) In the development of the civic center in accordance with the plan approved pursuant to this subsection, the Mayor, notwithstanding any other provision of law, may open, extend, widen, or close any street, road, highway, or alley, or part thereof, by the filing of a plat or plats in the Office of the Surveyor of the District of Columbia showing such opening, extension, widening, or closing. (c) Land acquisition The Mayor shall acquire by purchase, gift, condemnation, or otherwise, all real property necessary to provide for the civic center. (d) Contract authority; leases: term, nominal rental; purchase contracts: payment term, vesting of title in the District of Columbia, application of installment payments to purchase price, provisions securing performance of obligations, amortization, interest rate, reimbursement of contractors for certain costs, and Congressional committee approval of design, plans, and specifications (1) The Mayor is authorized to enter into purchase contracts, including negotiated contracts, for the financing, design, construction, and maintenance of the civic center. The Mayor is further authorized to lease the site described in subsection (a) of this section at a nominal rental for a period of not more than thirty-five years. The payment term of said purchase contracts shall not be more than thirty years from the date of acceptance of the civic center and such purchase contracts shall provide that title to the civic center shall vest in the District of Columbia at or before the expiration of the contract term and upon fulfillment of the terms and conditions stipulated in the purchase contracts. Such terms and conditions shall include provision for the application to the purchase price agreed upon therein of installment payments made thereunder. (2) Such purchase contracts shall include such provisions as the Mayor, in his discretion, shall deem to be in the best interest of the District of Columbia and appropriate to secure the performance of the obligations imposed upon the party or parties that shall enter into such agreement with the Mayor. The purchase contracts shall provide for payments to be made to - (A) amortize the cost of site acquisition, including relocation payments required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), and such other moneys as may be advanced by the contractors to the District of Columbia; (B) amortize the cost of construction of improvements to be constructed; (C) provide a reasonable rate of interest on the outstanding principal as determined under subparagraphs (A) and (B) above; and (D) reimburse the contractors for the cost of any other obligations required of them under the contract, including (but not limited to) payment of taxes, costs of carrying appropriate insurance, and costs of repair and maintenance if so required of the contractors. (3) For the purpose of the purchase contracts provided by this subsection for the erection of the civic center, the Mayor is authorized to enter into agreements with any person, copartnership, corporation, or other public or private entity to effectuate any of the purposes of this subsection. (4) No purchase contract for the construction of such civic center shall be entered into, pursuant to the authority of this section, until thirty legislative days following submittal to and approval by the Senate and House Committees for the District of Columbia, and the Senate and House Committees on Appropriations, of the design, plans, and specifications, including detailed cost estimates, of such civic center. (e) Full faith and credit of the District of Columbia The full faith and credit of the Government of the District of Columbia is hereby committed to guarantee, upon such terms and conditions as may be prescribed by the Mayor, the fulfillment of all obligations imposed by the provision of this section. (f) Gifts, services, securities, and other property: acceptance and administration; operation of civic center: District of Columbia or other entity; contractual operation: terms and conditions, employment of Federal, District of Columbia, and voluntary personnel (1) The Mayor is authorized to accept and administer gifts, personal services, securities, or other property of whatever character to aid in carrying out the purposes of this section. (2) The Mayor is further authorized to provide for the operation of any or all aspects of the civic center by any department or agency of the Government of the District of Columbia, or may provide for the performance of such operations, including the use or rental of the civic center or its equipment, motor vehicle parking facilities, concessions, and other activities, by contract entered into with any person, copartnership, corporation, or other public or private entity, upon such terms and conditions as may be stipulated in the agreements, and for such purposes may utilize or employ the services of personnel of any agency or instrumentality of the United States or the District of Columbia, with the consent of such agency or instrumentality, upon a reimbursable or nonreimbursable basis, and may utilize voluntary or uncompensated personnel. -SOURCE- (Pub. L. 86-249, Sec. 18, as added Pub. L. 92-520, Sec. 3, Oct. 21, 1972, 86 Stat. 1019, and amended Pub. L. 93-198, title IV, Sec. 401, 421, Dec. 24, 1973, 87 Stat. 785, 789.) -REFTEXT- REFERENCES IN TEXT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (d)(2)(A), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (Sec. 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. -MISC2- EFFECTIVE DATE Section 41(a) of Pub. L. 92-520 provided that this section and provisions set out as notes under this section are effective Oct. 21, 1972. -TRANS- TRANSFER OF FUNCTIONS Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93-198, classified to section 1-241 of District of Columbia Code. Accordingly, 'Mayor' substituted in text for 'commissioner'. 'Council of the District of Columbia' substituted in text for 'District of Columbia Council' pursuant to section 401 of Pub. L. 93-198. District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198, title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, classified to section 1-211 of the District of Columbia Code, and replaced by Council of District of Columbia, as provided by section 401 of Pub. L. 93-198, classified to section 1-221 of the District of Columbia Code. For transfer of powers, duties, and functions of District of Columbia Land Redevelopment Agency, as set forth in sections 5-801 to 5-840 of the District of Columbia Code, to Director of Department of Housing and Community Development, with certain exceptions, see part 4 of Reorg. Plan No. 3 of 1975, eff. July 3, 1975, 21 DCR 2793, set out in the Appendix to Title I of the District of Columbia Code, Administration. -MISC5- CONGRESSIONAL FINDINGS AND DECLARATION Section 2 of Pub. L. 92-520 provided that: 'The Congress hereby finds and declares that - '(1) it is essential to the social and economic development of the District of Columbia to establish major centers of commercial and economic activity within the city; '(2) such a center of activity would result from the development of a civic center located in the downtown area of the District of Columbia; '(3) a civic center would (A) attract large numbers of visitors to the downtown area and result in increased business activity in the area surrounding the center; (B) enable national organizations to hold their conventions and other meetings in the District of Columbia and thereby encourage citizens from the entire Nation to visit their Capital City; (C) provide a new source of revenue for the District of Columbia as a consequence of its operations and the expanded commercial activities resulting therefrom; and (D) provide expanded employment opportunities for residents of the District of Columbia; '(4) it is fitting that said civic center be established as a memorial to the late President, Dwight D. Eisenhower; '(5) the prompt provision of major convention facilities in the District of Columbia will significantly contribute to the commemoration of the Nation's bicentennial year; and '(6) the powers conferred by this Act (Pub. L. 92-520) are for public uses and purposes for which public powers may be employed, public funds may be expended, and the power of eminent domain and the police power may be exercised, and the granting of such powers is necessary in the public interest.' ------DocID 44363 Document 609 of 816------ -CITE- 40 USC Sec. 617 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 617. State administration of criminal and health and safety laws -STATUTE- Notwithstanding any other provision of law, the Administrator may, whenever the Administrator considers it desirable, assign to a State, or to a commonwealth, territory, or possession of the United States, all or part of the authority of the United States to administer criminal laws and health and safety laws with respect to lands or interests in lands under the control of the Administrator located in such State, commonwealth, territory, or possession. Assignment of authority under this section may be accomplished by filing with the chief executive officer of such State, commonwealth, territory, or possession a notice of assignment to take effect upon acceptance thereof, or in such other manner as may be prescribed by the laws of the State, commonwealth, territory, or possession in which such lands or interests in lands are located. -SOURCE- (Pub. L. 86-249, Sec. 19, as added Pub. L. 100-678, Sec. 5, Nov. 17, 1988, 102 Stat. 4050.) ------DocID 44364 Document 610 of 816------ -CITE- 40 USC Sec. 618 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 618. Special rules for leased buildings -STATUTE- (a) Specifications Notwithstanding the provisions of section 490(h)(1) of this title, the Administrator shall not make any agreement or undertake any commitment which will result in the construction of any building which is to be constructed for lease to, and for predominant use by, the United States until the Administrator has established detailed specification requirements for such building. (b) Competitive procedures The Administrator may acquire a leasehold interest in any building which is constructed for lease to, and for predominant use by, the United States only by the use of competitive procedures required by section 253 of title 41. (c) Inspections The Administrator shall inspect every building to be constructed for lease to, and for predominant use by, the United States during the construction of such building in order to determine that the specifications established for such building are complied with. (d) Enforcement (1) Post-construction evaluation Upon completion of a building constructed for lease to, and for predominant use by, the United States, the Administrator shall evaluate such building for the purpose of determining the extent, if any, of failure to comply with the specifications referred to in subsection (a) of this section. (2) Contract clause The Administrator shall ensure that any contract entered into for a building described in paragraph (1) shall contain provisions permitting a reduction of rent during any period when such building is not in compliance with such specifications. -SOURCE- (Pub. L. 86-249, Sec. 20, as added Pub. L. 100-678, Sec. 5, Nov. 17, 1988, 102 Stat. 4050.) ------DocID 44365 Document 611 of 816------ -CITE- 40 USC Sec. 619 -EXPCITE- TITLE 40 CHAPTER 12 -HEAD- Sec. 619. Compliance with nationally recognized codes -STATUTE- (a) Building codes Each building constructed or altered by the General Services Administration or any other Federal agency shall be constructed or altered, to the maximum extent feasible as determined by the Administrator or the head of such Federal agency, in compliance with one of the nationally recognized model building codes and with other applicable nationally recognized codes. Such other codes shall include, but not be limited to, electrical codes, fire and life safety codes, and plumbing codes, as determined appropriate by the Administrator. In carrying out this subsection, the Administrator or the head of the Federal agency authorized to construct or alter the building shall use the latest edition of the nationally recognized codes referred to in this subsection. (b) Zoning laws Each building constructed or altered by the General Services Administration or any other Federal agency shall be constructed or altered only after consideration of all requirements (other than procedural requirements) of - (1) zoning laws, and (2) laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, and esthetic qualities of a building, and other similar laws, of a State or a political subdivision of a State which would apply to the building if it were not a building constructed or altered by a Federal agency. (c) Special rules (1) State and local government consultation, review, and inspections For purposes of meeting the requirements of subsections (a) and (b) of this section with respect to a building, the Administrator or the head of the Federal agency authorized to construct or alter the building shall - (A) in preparing plans for the building, consult with appropriate officials of the State or political subdivision, or both, in which the building will be located; (B) upon request, submit such plans in a timely manner to such officials for review by such officials for a reasonable period of time not exceeding 30 days; and (C) permit inspection by such 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 such officials provide to the Administrator or the head of the Federal agency, as the case may be - (i) a copy of such schedule before construction of the building is begun; and (ii) reasonable notice of their intention to conduct any inspection before conducting such inspection. (2) Limitation on State responsibilities Nothing in this section shall impose an obligation on any State or political subdivision to take any action under paragraph (1). (d) State and local government recommendations Appropriate officials of a State or a political subdivision of a State may make recommendations to the Administrator or the head of the Federal agency authorized to construct or alter a building concerning measures necessary to meet the requirements of subsections (a) and (b) of this section. Such officials may also make recommendations to the Administrator or the head of the Federal agency concerning measures which should be taken in the construction or alteration of the building to take into account local conditions. The Administrator or the head of the Federal agency shall give due consideration to any such recommendations. (e) Effect of noncompliance No action may be brought against the United States and no fine or penalty may be imposed against the United States for failure to meet the requirements of subsection (a), (b), or (c) of this section or for failure to carry out any recommendation under subsection (d) of this section. (f) Limitation on liability The United States and its contractors shall not be required to pay any amount for any action taken by a State or a political subdivision of a State to carry out this section (including reviewing plans, carrying out on-site inspections, issuing building permits, and making recommendations). (g) Applicability to certain buildings This section applies to any project for construction or alteration of a building for which funds are first appropriated for a fiscal year beginning after September 30, 1989. (h) National security waiver This section shall not apply with respect to any building if the Administrator or the head of the Federal agency authorized to construct or alter the building determines that the application of this section to the building would adversely affect national security. A determination under this subsection shall not be subject to administrative or judicial review. -SOURCE- (Pub. L. 86-249, Sec. 21, as added Pub. L. 100-678, Sec. 6(a), Nov. 17, 1988, 102 Stat. 4051.) -MISC1- NOTIFICATION OF FEDERAL AGENCIES Section 6(b) of Pub. L. 100-678 provided that: 'Not later than 180 days after the date of the enactment of this section (Nov. 17, 1988), the Administrator of General Services shall notify the heads of all Federal agencies of the requirements of section 21 of the Public Buildings Act of 1959 (40 U.S.C. 619).' ------DocID 44366 Document 612 of 816------ -CITE- 40 USC CHAPTER 13 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- CHAPTER 13 - NATIONAL CAPITAL TRANSPORTATION PROGRAM ------DocID 44367 Document 613 of 816------ -CITE- 40 USC Sec. 651, 652 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 651, 652. Repealed. Pub. L. 91-143, Sec. 8(a)(1), Dec. 9, 1969, 83 Stat. 322 -MISC1- Section 651, Pub. L. 86-669, title I, Sec. 102, July 14, 1960, 74 Stat. 537, stated Congressional findings and policy respecting National Capital transportation. Section 652, Pub. L. 86-669, title I, Sec. 103, July 14, 1960, 74 Stat. 537, defined 'National Capital region' and 'government agency' and 'government agencies'. Article I of Title I (General Compact Provisions) of the Washington Metropolitan Area Transit Regulation Compact, set out in District of Columbia Code under Sec. 1-2411, and Article III of Title III (the Washington Metropolitan Area Transit Authority Compact) of the Washington Metropolitan Area Transit Regulation Compact, set out in District of Columbia Code under Sec. 1-2431, define the Washington Metropolitan Area Transit District and Washington Metropolitan Area Transit Zone, respectively. ------DocID 44368 Document 614 of 816------ -CITE- 40 USC Sec. 661 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 661. Repealed. Pub. L. 91-143, Sec. 8(a)(1), Dec. 9, 1969, 83 Stat. 322 -MISC1- Section, Pub. L. 86-669, title II, Sec. 201, July 14, 1960, 74 Stat. 538; Pub. L. 88-426, title III, Sec. 305(32), Aug. 14, 1964, 78 Stat. 426, established National Capital Transportation Agency, provided for appointment and described duties of an Administrator and Deputy Administrator, prohibited such officials from engaging in any other business, and such officials and any member of Advisory Board from having any financial interest in any public transportation corporation or corporation manufacturing or selling passenger transportation equipment or facilities. The Washington Metropolitan Area Transportation Authority Compact, set out in District of Columbia Code under Sec. 1-2431, provides in Article III of such Compact for the Washington Metropolitan Area Transit Authority as the successor agency and membership, compensation, conflict of interest, etc., provisions. ------DocID 44369 Document 615 of 816------ -CITE- 40 USC Sec. 662 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 662. Repealed. Pub. L. 89-774, Sec. 5(b), Nov. 6, 1966, 80 Stat. 1353 -MISC1- Section, Pub. L. 86-669, title II, Sec. 202, July 14, 1960, 74 Stat. 538; Pub. L. 89-173, Sec. 7, Sept. 8, 1965, 79 Stat. 666, established an Advisory Board of National Capital Transportation Agency, composed of seven members, provided for their appointment and compensation, and prescribed their duties. The Board and the Agency were superseded by Board of Directors of Washington Metropolitan Area Transit Authority and such Authority, respectively. ------DocID 44370 Document 616 of 816------ -CITE- 40 USC Sec. 663 to 665 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 663 to 665. Repealed. Pub. L. 91-143, Sec. 8(a)(1), Dec. 9, 1969, 83 Stat. 322 -MISC1- Section 663, Pub. L. 86-669, title II, Sec. 203, July 14, 1960, 74 Stat. 539, authorized establishment of advisory and coordinating committees, required them to make recommendations concerning the problems and activities of the National Capital Transportation Agency, and provided for travel expenses of members of the committees. Section 664, Pub. L. 86-669, title II, Sec. 204, July 14, 1960, 74 Stat. 539, related to transit development program for the National Capital, and required its preparation and conformance with general plan for development of National Capital region; specified special considerations; required preparation of proposals for implementing parts of program, transmittal of report to Congress, and authorization for execution of work; submission of a program; acquisition, construction, or operation of property, rights-of-way, or facilities, and submission of plan; research and surveys, and cooperation with Governmental agencies and private organizations; submission of recommendations for organization and financial arrangements for transportation, and consultations. Section 665, Pub. L. 86-669, title II, Sec. 205, July 14, 1960, 74 Stat. 541; Pub. L. 87-367, title I, Sec. 103(4), Oct. 4, 1961, 75 Stat. 787, provided for functions, duties, and powers of the National Capital Transportation Agency under the National Capital Transportation Act of 1960, formerly classified to this chapter, and provided for exemption from taxation, agreements with Governmental agencies, condemnation proceedings, and appropriations. ------DocID 44371 Document 617 of 816------ -CITE- 40 USC Sec. 671 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 671. Repealed. Pub. L. 91-143, Sec. 8(a)(1), Dec. 9, 1969, 83 Stat. 322 -MISC1- Section, Pub. L. 86-669, title III, Sec. 301, July 14, 1960, 74 Stat. 544, authorized State of Maryland, Commonwealth of Virginia, and Commissioner of the District of Columbia to negotiate an interstate compact for solution of problems of regional character in the National Capital, including regional transportation facilities, required approval by Congress of the compact, required submission of recommendations by President for transfer of real and personal property, records, personnel, and other assets and liabilities to organization established under compact between Maryland and Virginia to assume functions and duties of National Capital Transportation Agency, provided for appointment, compensation, office space, and administrative services for Federal representative to compact negotiations, made available appropriations for payment of compensation and travel expenses, and authorized the State and Federal representatives to request information from the Agency and such Agency to cooperate with the compact representatives. ------DocID 44372 Document 618 of 816------ -CITE- 40 USC Sec. 672 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 672. Omitted -COD- CODIFICATION Section, Pub. L. 89-774, Sec. 3, Nov. 6, 1966, 80 Stat. 1352, which provided for transfer of functions and duties of National Capital Transportation Agency to Washington Metropolitan Area Transit Authority and effective date thereof; authorization for transfer of real and personal property, studies, reports, records, and other assets and liabilities, transfer of funds, authorization of appropriations; functions and duties of Agency pending transfer; advisory assistance and planning, engineering, and other services; and expenditures by Agency in performance of services for Authority, was omitted as not having general applicability and is set out in section 1-2438 of the District of Columbia Code. ------DocID 44373 Document 619 of 816------ -CITE- 40 USC Sec. 681 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 681. Omitted -COD- CODIFICATION Section, Pub. L. 89-173, Sec. 2, Sept. 8, 1965, 79 Stat. 663, which set out the congressional findings and purposes as to the National Capital Transit System, was omitted as not having general applicability and is set out in section 1-2421 of the District of Columbia Code. ------DocID 44374 Document 620 of 816------ -CITE- 40 USC Sec. 682, 683 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 682, 683. Repealed. Pub. L. 91-143, Sec. 8(a)(2), Dec. 9, 1969, 83 Stat. 323 -MISC1- Section 682, Pub. L. 89-173, Sec. 3, Sept. 8, 1965, 79 Stat. 664; Pub. L. 90-220, Dec. 20, 1967, 81 Stat. 670, authorized the National Capital Transportation Agency to design, engineer, construct, equip, and take other necessary action for establishment of rail rapid transit lines and related facilities for the Nation's Capital, at cost limitation of $431,000,000, excluding interest costs; required execution of work in accordance with plans and schedules, approval of construction within Capitol Grounds, coordination of construction work, private operation of facilities, advertisement and negotiation of contracts, protection of employees' interests, and labor standards; effect on damages of common carriers engaged in private transportation of persons; and impairment of protection accorded private bus companies. The provisions of subsecs. (a), (b), (b)(1), and (b)(2) are covered in sections 3 and 3(a), 3(b)(1), 5(a), and 5(b) of the National Capital Transportation Act of 1969, Pub. L. 91-143, Dec. 9, 1969, 83 Stat. 320, 322, set out in sections 1-2452 and 1-2456 of the District of Columbia Code. The provisions of subsecs. (b)(3), (b)(4), and (c), (d), are covered by sections 51 and 54 (operation by contract or lease and selection of contractor) of Article XI (Operation of Facilities) and section 66 (operations) of Article XIV (Labor Policy); section 64 (construction) of Article XIV (Labor Policy); and section 57 (rights of private carriers unaffected) of Article XII (Coordination of Private and Public Facilities), respectively, of Washington Metropolitan Area Transit Authority Compact, set out under section 1-2431 of the District of Columbia Code. Section 683, Pub. L. 89-173, Sec. 4, Sept. 8, 1965, 79 Stat. 665, made applicable the relocation assistance provisions of Pub. L. 88-629, Oct. 6, 1964, 78 Stat. 1004, classified to District of Columbia Code Sec. 5-830 to 5-833. Article XV of the Washington Metropolitan Area Transportation Authority Compact, set out in District of Columbia Code under Sec. 1-2431, provides for relocation assistance. ------DocID 44375 Document 621 of 816------ -CITE- 40 USC Sec. 684, 685 -EXPCITE- TITLE 40 CHAPTER 13 -HEAD- Sec. 684, 685. Omitted -COD- CODIFICATION Section 684, Pub. L. 89-173, Sec. 5(a), Sept. 8, 1965, 79 Stat. 665; Pub. L. 91-143, Sec. 8(b), Dec. 9, 1969, 83 Stat. 323, which authorized appropriations for the United States portion and the District of Columbia portion for establishment of the transit system under the National Capital Transportation Act of 1965, was omitted as not having general applicability and is set out in section 1-2422 of the District of Columbia Code. Section 685, Pub. L. 89-173, Sec. 6, Sept. 8, 1965, 79 Stat. 666, which required an annual report to Congress of operations of the National Capital Transportation Agency under the National Capital Transportation Act of 1960. Section 24 of Article XII of Title II (Compact Regulatory Provisions) of the Washington Metropolitan Area Transit Regulation Compact, set out in District of Columbia Code under Sec. 1-2411, and sections 70 and 71 of Article XVI of Title III (the Washington Metropolitan Area Transit Authority Compact) of the Washington Metropolitan Area Transit Regulation Compact, set out in District of Columbia Code under Sec. 1-2431, require an annual report by the Washington Metropolitan Area Transit Commission and annual reports of audits, programs, operations, and finances by the Board of Directors of the Washington Metropolitan Area Transit Authority, respectively. ------DocID 44376 Document 622 of 816------ -CITE- 40 USC CHAPTER 14 -EXPCITE- TITLE 40 CHAPTER 14 -HEAD- CHAPTER 14 - SAFETY STANDARDS FOR MOTOR VEHICLES -MISC1- Sec. 701. Prohibition on acquisition or purchase of motor vehicles by Federal Government unless equipped with passenger safety devices. 702. Commercial standards for passenger safety devices; publication in Federal Register. 703. Definitions. ------DocID 44377 Document 623 of 816------ -CITE- 40 USC Sec. 701 -EXPCITE- TITLE 40 CHAPTER 14 -HEAD- Sec. 701. Prohibition on acquisition or purchase of motor vehicles by Federal Government unless equipped with passenger safety devices -STATUTE- No motor vehicle manufactured on or after the effective date of this section shall be acquired by purchase by the Federal Government for use by the Federal Government unless such motor vehicle is equipped with such reasonable passenger safety devices as the Administrator of General Services shall require which conform with standards prescribed by him in accordance with section 702 of this title. -SOURCE- (Pub. L. 88-515, Sec. 1, Aug. 30, 1964, 78 Stat. 696.) -REFTEXT- REFERENCES IN TEXT For the effective date of this section, referred to in text, see section 4 of Pub. L. 88-515, set out as an Effective Date note below. -MISC2- EFFECTIVE DATE Section 4 of Pub. L. 88-515 provided that: 'This Act (enacting this chapter) shall take effect on the date of its enactment (Aug. 30, 1964) except that the first section of this Act (enacting this section) shall take effect one year and ninety days after the date of publication of commercial standards first established under section 2 of this Act (enacting section 702 of this title). If such standards as so first established are thereafter changed, such standards, as so changed, shall take effect one year and ninety days after the date of publication of such changed standards.' SHORT TITLE Pub. L. 88-515, Aug. 30, 1964, 78 Stat. 696, which is classified generally to this chapter, is popularly known as the 'Roberts Act'. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 702 of this title. ------DocID 44378 Document 624 of 816------ -CITE- 40 USC Sec. 702 -EXPCITE- TITLE 40 CHAPTER 14 -HEAD- Sec. 702. Commercial standards for passenger safety devices; publication in Federal Register -STATUTE- The Administrator of General Services shall prescribe and publish in the Federal Register commercial standards for such passenger safety devices as he may require under authority of section 701 of this title. The standards first established under this section shall be prescribed and published not later than one year from August 30, 1964. -SOURCE- (Pub. L. 88-515, Sec. 2, Aug. 30, 1964, 78 Stat. 696.) -MISC1- CHANGE OF COMMERCIAL STANDARDS Change of standards first established under this section effective one year and ninety days after the date of publication of such changed standards, see section 4 of Pub. L. 88-515, set out as an Effective Date note under section 701 of this title. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 701 of this title. ------DocID 44379 Document 625 of 816------ -CITE- 40 USC Sec. 703 -EXPCITE- TITLE 40 CHAPTER 14 -HEAD- Sec. 703. Definitions -STATUTE- As used in this chapter - (1) The term 'motor vehicle' means any vehicle, self-propelled or drawn by mechanical power, designed for use on the highways principally for the transportation of passengers except any vehicle designed or used for military field training, combat, or tactical purposes. (2) The term 'Federal Government' includes the legislative, executive, and judicial branches of the Government of the United States, and the government of the District of Columbia. -SOURCE- (Pub. L. 88-515, Sec. 3, Aug. 30, 1964, 78 Stat. 696.) ------DocID 44380 Document 626 of 816------ -CITE- 40 USC CHAPTER 15 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- CHAPTER 15 - GOVERNMENT LOSSES IN SHIPMENT -MISC1- Sec. 721. Rules and regulations for shipment of valuables. 722. Fund for losses; appropriations. 723. Claim for replacement. 724. Government evidences of indebtedness held by United States Postal Service while agent for Treasury Department. 725. Agreements of indemnity. 726. Purchase of insurance. 727. Presumption of lawful conduct. 728. Rules and regulations. 729. Definitions. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 39 section 310. ------DocID 44381 Document 627 of 816------ -CITE- 40 USC Sec. 721 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 721. Rules and regulations for shipment of valuables -STATUTE- As soon as practicable after July 8, 1937 the Secretary of the Treasury and the United States Postal Service shall, jointly, with the approval of the President, prescribe regulations governing the shipment of valuables by the executive departments, independent establishments, agencies, wholly owned corporations, officers, and employees of the United States, with a view to minimizing risks of loss and destruction of, and damage to, such valuables in shipment. After the effective date of such regulations, which shall be not more than thirty days after their issuance, it shall be the duty of every such executive department, independent establishment, agency, wholly owned corporation, officer, and employee, and of every person acting for him or it, or at his or its direction, to comply with such regulations in making any shipment of valuables. -SOURCE- (July 8, 1937, ch. 444, Sec. 1, 50 Stat. 479; Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 84 Stat. 773.) -COD- CODIFICATION Section was formerly classified to section 134 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC3- EFFECTIVE DATE Section 11 of act of July 8, 1937, previously set out as section 134h of former Title 5, Executive Departments and Government Officers and Employees, provided that: 'This Act (see Short Title note below) shall become effective on July 1, 1937.' SHORT TITLE Section 10 of act of July 8, 1937, previously set out as section 134g of former Title 5, Executive Departments and Government Officers and Employees, provided that: 'This Act (enacting this chapter and section 738a of former Title 31, Money and Finance, amending section 528 of former Title 31, and repealing sections 735-738 of former Title 31, and enacting provisions set out as a note under this section) may be cited as the 'Government Losses in Shipment Act'.' -TRANS- TRANSFER OF FUNCTIONS 'United States Postal Service' substituted in text for 'Postmaster General' pursuant to Pub. L. 91-375, Sec. 4(a), Aug. 12, 1970, 84 Stat. 773, set out as a note under section 201 of Title 39, Postal Service, which abolished office of Postmaster General of Post Office Department and transferred its functions to United States Postal Service. DELEGATION OF FUNCTIONS Power of Secretary of the Treasury and Postmaster General (now United States Postal Service) to prescribe, without approval of President, regulations under this section, 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. -CROSS- CROSS REFERENCES Insurance of war risks except as provided in this section, see section 1285 of Title 46, Appendix, Shipping. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 722, 723, 726, 727 of this title; title 46 App. section 1285; title 49 App. section 1534. ------DocID 44382 Document 628 of 816------ -CITE- 40 USC Sec. 722 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 722. Fund for losses; appropriations -STATUTE- There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $500,000 to be used, under the direction of the Secretary of the Treasury, for the replacement of valuables, or the value thereof, lost, destroyed, or damaged in the course of shipment effected pursuant to the regulations prescribed under section 721 of this title. There is hereby further authorized to be appropriated annually, beginning with the fiscal year 1939 and ending with the fiscal year 1948, inclusive, the sum of $200,000 for the said purposes, and from time to time such additional sums as may be necessary for the said purposes. There shall be in the Treasury of the United States a revolving fund, to be known as 'the fund for the payment of Government losses in shipment' (hereinafter referred to as 'the fund'), to be constituted of the said sum of $500,000 and the sums appropriated on and after July 8, 1937 for the said purposes, together with all recoveries and repayments credited to the fund as provided in section 723 of this title. There is hereby further authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $10,000, for expenditures under the direction of the Secretary of the Treasury, to be used for the payment of administrative expenses, including personal services, necessary to carry out the provisions of this chapter for the fiscal year 1938. -SOURCE- (July 8, 1937, ch. 444, Sec. 2, 50 Stat. 479.) -COD- CODIFICATION 'Appropriated on and after July 8, 1937' substituted in text for 'hereafter appropriated'. Section was formerly classified to section 134a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 3126; title 46 App. section 1285; title 49 App. section 1534. ------DocID 44383 Document 629 of 816------ -CITE- 40 USC Sec. 723 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 723. Claim for replacement -STATUTE- In the event of loss or destruction of, or damage to, valuables of which shipment shall have been made pursuant to the regulations prescribed under section 721 of this title a claim in writing for replacement shall be made upon the Secretary of the Treasury who, if he shall be satisfied that such loss, destruction, or damage has occurred and that shipment was made substantially in accordance with such regulations, shall cause replacement to be made out of the fund through such officers as he may designate. Notwithstanding any provision of law to the contrary, the decision of the Secretary of the Treasury that such loss, destruction, or damage has occurred or that such shipment was made substantially in accordance with such regulations shall be final and conclusive and shall not be subject to review by any other officer of the United States: Provided, however, That where the Secretary of the Treasury determines that such replacement can be effected, in whole or in part, without actual or ultimate injury to the United States, by a credit in the accounts of the executive department, independent establishment, agency, officer, employee, or other accountable person making the claim, he shall not resort to the fund, except to the extent that such replacement cannot be so effected by such credit, but shall certify such determination to the Comptroller General and, upon receipt of such certification, the Comptroller General is authorized and directed to make such credit in the settlement of accounts in the General Accounting Office: Provided further, That the fund shall be available for the replacement of any loss or destruction of, or damage to, valuables shipped by or on behalf of the Bureau of the Public Debt of the Treasury Department prior to the effective date of this amendment, the replacement of which was chargeable against the securities trust fund established under authority of section 3129 of title 31; and the Secretary of the Treasury is hereby authorized and directed to transfer on the books of the Treasury Department the amount standing to the credit of the securities trust fund and credit the same to the fund. And provided further, That the fund shall not be available with respect to any loss, destruction, or damage affecting valuables, insofar as such loss, destruction, or damage relates to property of the United States Postal Service chargeable to its officers or employees; nor shall it be available with respect to any loss, destruction, or damage affecting valuables of which shipment shall have been made at the risk of persons other than the United States, its executive departments, independent establishments, agencies, wholly owned corporations, officers, and employees. All recoveries and repayments on account of loss, destruction, or damage to valuables of which replacement shall have been made out of the fund shall be credited to it and shall be available for the purposes thereof. -SOURCE- (July 8, 1937, ch. 444, Sec. 3, 50 Stat. 479; Aug. 10, 1939, ch. 665, Sec. 1, 53 Stat. 1358; 1940 Reorg. Plan No. III, Sec. 1, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Aug. 12, 1970, Pub. L. 91-375, Sec. 6(m)(4), 84 Stat. 782.) -REFTEXT- REFERENCES IN TEXT The effective date of this amendment, referred to in text, probably means the date of enactment of act Aug. 10, 1939, which was approved Aug. 10, 1939. -COD- CODIFICATION 'Section 3129 of title 31' substituted in text for 'the indefinite appropriation 'Expenses of loans, Act of September 24, 1917, as amended and extended' (U.S.C., 1934 edition, title 31, secs. 760, 761)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 134b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1970 - Pub. L. 91-375 substituted 'insofar as such loss, destruction, or damage relates to property of the United States Postal Service chargeable to its officers or employees' for 'insofar as such loss destruction, or damage may be adjusted by the Postmaster General under the provisions of the Act of March 17, 1882, as amended' in third proviso. 1939 - Act Aug. 10, 1939, amended generally proviso dealing with securities trust fund established under authority of sections 760 and 761 of title 31. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. -TRANS- TRANSFER OF FUNCTIONS Section 1(a) of Reorg. Plan No. III of 1940 established Bureau of Public Debt in Fiscal Service of Treasury Department, and consolidated into such agency the Public Debt Service. See section 306 of Title 31, Money and Finance. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 722 of this title; title 31 section 3126. ------DocID 44384 Document 630 of 816------ -CITE- 40 USC Sec. 724 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 724. Government evidences of indebtedness held by United States Postal Service while agent for Treasury Department -STATUTE- All losses or destruction of, or damage to, internal revenue or other stamps, United States securities, or other obligations of the United States, and funds, occurring heretofore or hereafter, but not prior to February 4, 1935, while such stamps, securities, obligations, or funds were in the custody or possession of, or charged to, the United States Postal Service while it was acting as agent for, or on behalf of, the Treasury Department for the sale of such stamps, securities, or obligations and for the collection of such funds, irrespective of the manner in which such loss, destruction, or damage occurred, shall be replaced out of the fund under such regulations as the Secretary of the Treasury may prescribe. -SOURCE- (July 8, 1937, ch. 444, Sec. 3a, as added Aug. 10, 1939, ch. 665, Sec. 2, 53 Stat. 1358, and amended Aug. 12, 1970, Pub. L. 91-375, Sec. 4(a), 6(m)(5), (o), 84 Stat. 773, 783.) -COD- CODIFICATION Section was formerly classified to section 134b-1 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1970 - Pub. L. 91-375 struck out proviso requiring joint determination by Postmaster General and Secretary of Treasury that loss or destruction of or damages to government evidences of indebtedness in custody or possession of any postmaster, Navy mail clerk, or assistant Navy mail clerk resulted from no fault or negligence on part of such employee to relieve him of liability to the United States or to authorize receipt of credit in his accounts. -CHANGE- CHANGE OF NAME 'United States Postal Service' substituted in text for 'Post Office Department or Postal Service' pursuant to Pub. L. 91-375 which abolished Post Office Department, transferred its functions to United States Postal Service, and provided that references in other laws to Post Office Department or Postal Service shall be considered a reference to United States Postal Service. -MISC4- EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-375 effective within 1 year after Aug. 12, 1970, on date established therefor by the Board of Governors of the United States Postal Service and published by it in the Federal Register, see section 15(a) of Pub. L. 91-375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. ------DocID 44385 Document 631 of 816------ -CITE- 40 USC Sec. 725 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 725. Agreements of indemnity -STATUTE- The Secretary of the Treasury is hereby authorized to execute and deliver, on behalf of the United States, such binding agreements of indemnity as he may deem necessary and proper to enable the United States to obtain the replacement of any instrument or document received by the United States or any agent of the United States in his official capacity which, after having been so received, became lost, destroyed, or so mutilated as to impair its value: Provided, however, That no such agreement of indemnity shall operate to obligate the United States in any case in which the obligee named therein makes any payment or delivery not required by law on the original of the instrument or document covered thereby. The fund shall be available for the payment of any obligation arising out of any agreement executed by the Secretary of the Treasury under this section. -SOURCE- (July 8, 1937, ch. 444, Sec. 3b, as added Aug. 10, 1939, ch. 665, Sec. 2, 53 Stat. 1359.) -COD- CODIFICATION Section was formerly classified to section 134b-2 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 729 of this title. ------DocID 44386 Document 632 of 816------ -CITE- 40 USC Sec. 726 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 726. Purchase of insurance -STATUTE- On and after the effective date of the regulations prescribed under section 721 of this title, no executive department, independent establishment, agency, wholly owned corporation, officer, or employee shall expend any money, or incur any obligation, for insurance, or for the payment of premiums on insurance, against loss, destruction, or damage in the shipment of valuables except as specifically authorized by the Secretary of the Treasury. The Secretary of the Treasury may give such authorization if he shall find that the risk of loss, destruction, or damage in such shipment cannot be adequately guarded against by the facilities of the United States or that the circumstances are such that adequate replacement cannot be provided under this chapter. -SOURCE- (July 8, 1937, ch. 444, Sec. 4, 50 Stat. 480.) -COD- CODIFICATION Section was formerly classified to section 134c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. ------DocID 44387 Document 633 of 816------ -CITE- 40 USC Sec. 727 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 727. Presumption of lawful conduct -STATUTE- Every officer and employee of the United States and every person acting on behalf of a wholly owned corporation who makes a shipment of valuables in good faith pursuant to and substantially in accordance with the regulations prescribed under section 721 of this title shall be deemed, insofar as there may be concerned the propriety with respect to such shipment of any act or omission governed by such regulations, to be acting in faithful execution of his duties of office and in full performance of the conditions of his bond and oath of office, if any. -SOURCE- (July 8, 1937, ch. 444, Sec. 5, 50 Stat. 480.) -COD- CODIFICATION Section was formerly classified to section 134d of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. ------DocID 44388 Document 634 of 816------ -CITE- 40 USC Sec. 728 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 728. Rules and regulations -STATUTE- The Secretary of the Treasury shall have power, with the approval of the President, to make such rules and regulations as may be necessary for the execution of the functions vested in him by this chapter, and may for such purpose require persons making shipment of valuables or making claims for replacement to make such declarations or to furnish him with such other information as he may deem necessary. -SOURCE- (July 8, 1937, ch. 444, Sec. 6, 50 Stat. 480.) -COD- CODIFICATION Section was formerly classified to section 134e of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -TRANS- DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of authority vested in President by this section, 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. ------DocID 44389 Document 635 of 816------ -CITE- 40 USC Sec. 729 -EXPCITE- TITLE 40 CHAPTER 15 -HEAD- Sec. 729. Definitions -STATUTE- For the purposes of this chapter - (a) The term 'valuables' means any articles or things or representatives of value in which the United States has any interest, or in connection with which it has any obligation or responsibility, direct or indirect, and which are declared to be valuables within the meaning of this chapter by the Secretary of the Treasury. No articles or things shall be declared to be valuables by the Secretary of the Treasury unless he determines that replacement thereof in accordance with the procedure established herein, in the event of loss, destruction, or damage in the course of shipment, would be in the public interest. The term 'United States' as used in this subsection and in section 725 of this title means the United States, its executive departments, independent establishments, and agencies, including wholly owned corporations, and officers and employees of any of the foregoing while acting in their official capacity. (b) The term 'shipment' 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 includes, but is not limited to, shipments made to any executive department, independent establishment, agency, wholly or partly owned corporation, officer, or employee of the United States, or any person acting on his or its behalf or at his or its direction; (c) The term 'wholly owned corporation' means any corporation, regardless of the law or laws under which it is incorporated, the capital of which is entirely owned, directly or indirectly, by the United States, and includes the duly authorized officers, employees, and agents thereof; (d) The term 'replacement' means payment, reimbursement, replacement, or duplication or the expenses incident thereto. -SOURCE- (July 8, 1937, ch. 444, Sec. 7, 50 Stat. 480; Aug. 10, 1939, ch. 665, Sec. 3, 53 Stat. 1359.) -COD- CODIFICATION Section was formerly classified to section 134f of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1939 - Subsec. (a). Act Aug. 10, 1939, amended definition of 'valuables'. ------DocID 44390 Document 636 of 816------ -CITE- 40 USC CHAPTER 16 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- CHAPTER 16 - GENERAL SERVICES ADMINISTRATION -MISC1- Sec. 751. General Services Administration. (a) Establishment. (b) Administrator of General Services; appointment. (c) Deputy Administrator of General Services; appointment; duties. (d), (e) Omitted. (f) Authority to prescribe regulations. 752. Transfer of functions. (a) Bureau of Federal Supply. (b) Office of Contract Settlement. (c) Retention by Treasury Department of certain functions of Bureau of Federal Supply. 753. Transfer of affairs of Federal Works Agency; abolition of agencies. 754. Redistribution of Administrator's functions. 755. Transfer of funds. 756. General Supply Fund. (a) Creation and composition of Fund; availability; overhead costs. (b) Payments by requisitioning agencies; fixing of prices; advance of funds. (c) Credits to Fund. (d) Repealed. (e) Audit; surplus; report to Congress. (f) Additional uses of Fund. (g) Material tests; fees; disposition of fees. 756a. Retention of surplus generated from operation of General Supply Fund. 756b. Periodic reimbursement for cost of equipment purchased for Congressional use; computation. 757. Information Technology Fund. (a) Establishment; content; costs and capital requirements. (b) Function and availability of Fund. (c) Contract authority. (d) Transfer of uncommitted balances. (e) Annual report. (f) Information technology resources. 758. Personnel. (a) Appointment and compensation. (b) Temporary employment of experts or consultants; stenographic reporting services. (c) Utilization of personnel of other Federal agencies. 759. Procurement, maintenance, operation and utilization of automatic data processing equipment. (a) Authority of Administrator to coordinate and provide for purchase, lease and maintenance of equipment by Federal agencies. (b) Procurement, maintenance and repair of equipment; transfer between agencies; joint utilization; establishment and operation of equipment pools and data processing centers; delegation of Administrator's authority. (c) Inapplicability of other inconsistent provisions of law. (d) Standards and guidelines for Federal computer systems; promulgation, disapproval or modification, etc. (e) Limitations on authority of Administrator and Secretary of Commerce; notice and review of Administrator's determinations. (f) Automated data processing dispute resolution. (g) Procurement from sole source or by specific make and model. 760. Federal information centers. (a) Establishment. (b) Rules and regulations. (c) Authorization of appropriations. 761. Consumer Information Center Fund, General Services Administration. 762. Definitions. 762a. Federal telecommunications system requirements. (a) Accessibility of telecommunications systems. (b) Specific requirement. (c) Congressional oversight. 762b. Additional requirements. (a) Support for research. (b) Planning to assimilate technological developments. 762c. Inquiry regarding interstate TDD relay system. 762d. TDD installation by Congress. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 472, 473 of this title. ------DocID 44391 Document 637 of 816------ -CITE- 40 USC Sec. 751 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 751. General Services Administration -STATUTE- (a) Establishment There is established an agency in the executive branch of the Government which shall be known as the General Services Administration. (b) Administrator of General Services; appointment There shall be at the head of the General Services Administration an Administrator of General Services who shall be appointed by the President by and with the advice and consent of the Senate, and perform his functions subject to the direction and control of the President. (c) Deputy Administrator of General Services; appointment; duties There shall be in the General Services Administration a Deputy Administrator of General Services who shall be appointed by the Administrator of General Services. The Deputy Administrator shall perform such functions as the Administrator shall designate and shall be Acting Administrator of General Services during the absence or disability of the Administrator and, unless the President shall designate another officer of the Government, in the event of a vacancy in the office of Administrator. (d), (e) Omitted (f) Authority to prescribe regulations The Administrator shall have authority to prescribe regulations to carry out this Act. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 101, 63 Stat. 379; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(m) (title VIII, Sec. 832), 100 Stat. 1783-308, 1783-345, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 832), 100 Stat. 3341-308, 3341-345.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (f), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. Subsec. (d) of this section, which related to performance of functions until appointment of the Administrator, is omitted. Subsec. (e) of this section, which authorized the President to fix rates of compensation for the Administrator, the Deputy Administrator, and the heads and assistant heads of the principal organizations of the General Services Administration pending the effective date of other provisions of law fixing the rates of compensation of such officers, is omitted. Section was formerly classified to section 630 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 211 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1986 - Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591 added subsec. (f). EFFECTIVE DATE Chapter effective July 1, 1949, see section 605 of act June 30, 1949, set out as a note under section 471 of this title. COMPENSATION OF ADMINISTRATOR AND DEPUTY ADMINISTRATOR Annual rate of basic compensation of Administrator and Deputy Administrator, see sections 5314 and 5315 of Title 5, Government Organization and Employees. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. 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 2251 of Title 50, Appendix, War and National Defense. ------DocID 44392 Document 638 of 816------ -CITE- 40 USC Sec. 752 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 752. Transfer of functions -STATUTE- (a) Bureau of Federal Supply The functions of (1) the Bureau of Federal Supply in the Department of the Treasury, (2) the Director of the Bureau of Federal Supply, (3) the personnel of such Bureau, and (4) the Secretary of the Treasury, relating to the Bureau of Federal Supply, are transferred to the Administrator. The records property, personnel, obligations, and commitments of the Bureau of Federal Supply, together with such additional records, property, and personnel of the Department of the Treasury as the Director of the Office of Management and Budget shall determine to relate primarily to functions transferred by this section or vested in the Administrator by titles II, III, and V, of this Act, are hereby transferred to the General Service Administration. The Bureau of Federal Supply and the office of Director of the Bureau of Federal Supply are abolished. (b) Office of Contract Settlement The functions of the Director of Contract Settlement and of the Office of Contract Settlement, transferred to the Secretary of the Treasury by Reorganization Plan Numbered 1 of 1947, are transferred to the Administrator and shall be performed by him or, subject to his direction and control, by such officers and agencies of the General Services Administration as he may designate. The Contract Settlement Act Advisory Board created by section 105 of title 41 and the Appeal Board established under section 113(d) of title 41 are transferred from the Department of the Treasury to the General Services Administration, but the functions of these Boards shall be performed by them, respectively, under conditions and limitations prescribed by law. There shall also be transferred to the General Services Administration such records, property, personnel, obligations, commitments, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds of the Treasury Department as the Director of the Office of Management and Budget shall determine to relate primarily to the functions transferred by the provisions of this subsection. (c) Retention by Treasury Department of certain functions of Bureau of Federal Supply Any other provision of this section notwithstanding, there may be retained in the Department of the Treasury any function referred to in subsection (a) of this section which the Director of the Office of Management and Budget shall, within ten days after July 1, 1949, determine to be essential to the orderly administration of the affairs of the agencies of such Department, other than the Bureau of Federal Supply, together with such records, property, personnel, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, available or to be made available, of said Department, as said Director shall determine. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 102, 63 Stat. 380; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For classification of titles II, III, and V of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. Reorganization Plan Numbered 1 of 1947, referred to in subsec. (b), is Reorg. Plan No. 1 of 1947, 12 F.R. 4534, 61 Stat. 952, which is set out in the Appendix to Title 5, Government Organization and Employees. -COD- CODIFICATION Section was formerly classified to section 630a of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 212 of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -MISC7- TERMINATION OF ADVISORY BOARDS Advisory boards 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 board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776 set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 756 of this title. ------DocID 44393 Document 639 of 816------ -CITE- 40 USC Sec. 753 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 753. Transfer of affairs of Federal Works Agency; abolition of agencies -STATUTE- (a) All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator, of the Commissioner of Public Buildings, and of the Commissioner of Public Roads, are transferred to the Administrator of General Services. There are transferred to the General Services Administration the Public Roads Administration, which shall hereafter be known as the Bureau of Public Roads, and all records, property, personnel, obligations, and commitments of the Federal Works Agency, including those of all agencies of the Federal Works Agency. (b) There are hereby abolished the Federal Works Agency, the Public Buildings Administration, the office of Federal Works Administrator, the office of Commissioner of Public Buildings, and the office of Assistant Federal Works Administrator. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 103, 63 Stat. 380.) -COD- CODIFICATION Section was formerly classified to section 630b of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 213 of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS Bureau of Public Roads transferred to Department of Commerce to be administered by Commissioner of Public Roads subject to direction and control of Secretary of Commerce under provisions of Reorg. Plan No. 7 of 1949, Sec. 1, eff. Aug. 19, 1949, 14 F.R. 5228, 63 Stat. 1070, set out in the Appendix to Title 5, Government Organization and Employees, and thereafter transferred to Department of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, and its functions assigned to Federal Highway Administration. See section 104 of Title 49, Transportation. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -MISC7- LEASE AND ASSIGNMENT OF BUILDING SPACE; MANAGEMENT; EXCEPTIONS All functions with respect to acquiring space in buildings by lease, 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), and 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 Office of Management and Budget, are not used predominantly for post-office purposes, were with certain exceptions, transferred from the respective agencies to the Administrator of General Services by sections 1 and 2 of Reorg. Plan No. 18 of 1950, eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270, set out in note under section 490 of this title. For delegation of such transferred functions to other personnel of the General Services Administration, or to the heads and personnel of other agencies, and for transfer of personnel, property, records, and funds, see sections 3 and 4 of such Plan. PUBLIC WORKS DEFENSE, FUNCTIONS RELATING TO All functions, except as herein described, of the Administrator of General Services under sections 1531 to 1535 of Title 42, The Public Health and Welfare, relating to defense of public works, which, by this section, were transferred to such Administrator from the Federal Works Agency and the Federal Works Administrator, were transferred to the Housing and Home Finance Administrator by section 1 of Reorg. Plan No. 17 of 1950, eff. May 24, 1950, 15 F.R. 3177, 64 Stat. 1269, set out in Appendix to Title 5, Government Organization and Employees, together with any other function of the Administrator of General Services or of the General Services Administration as is incidental to or necessary for the carrying out of the provisions of such sections. Section 2 of such Plan excepted from the transfer, functions with respect to the holding, management, and disposition of securities received prior to the effective date of such Plan (May 24, 1950) by the General Services Administration or its predecessor agency (Federal Works Agency) by reason of the disposal of property constructed or otherwise acquired under such sections 1531 to 1535 of title 42, and functions with respect to litigation, and the liquidation of claims, arising out of the acquisition of land or the construction of the facilities under such sections. Section 4 of such Plan provided for transfer of records, property, personnel, and funds. All the functions, powers and duties of the Housing and Home Finance Agency were subsequently transferred to the Secretary of Housing and Urban Development by Pub. L. 89-174, Sec. 5, Sept. 9, 1965, 79 Stat. 669. See section 3534 of Title 42. WAR MOBILIZATION AND RECONVERSION ACT, FUNCTIONS UNDER All functions of the Administrator of General Services under title V of the War Mobilization and Reconversion Act of 1944, section 1671 of Appendix to Title 50, War and National Defense, which, by this section, were transferred to such Administrator from the Federal Works Agency and the Federal Works Administrator, were transferred to the Housing and Home Finance Administrator by Sec. 1 of Reorg. Plan No. 17 of 1950, eff. May 24, 1950, 15 F.R. 3177, 64 Stat. 1269, set out in Appendix to Title 5, Government Organization and Employees, together with so much of any other function of the Administrator of General Services or of the General Services Administration as is incidental to or necessary for the carrying out of the provisions of said title V of such act. Section 4 of such Plan provided for transfer of records, property, personnel and funds. All the functions, powers and duties of the Housing and Home Finance Agency were subsequently transferred to the Secretary of Housing and Urban Development by Pub. L. 89-174, Sec. 5, Sept. 9, 1965, 79 Stat. 669. See section 3534 of Title 42, The Public Health and Welfare. WATER POLLUTION CONTROL ACT, FUNCTIONS UNDER Functions of Administrator of General Services under Water Pollution Control Act (see section 1251 et seq. of Title 33, Navigation and Navigable Waters), which, by this section, were transferred to such Administrator from Federal Works Agency and Federal Works Administrator, were transferred to Federal Security Administrator by section 1 of Reorg. Plan No. 16 of 1950, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1268, set out in Appendix to Title 5, Government Organization and Employees, together with so much of any other function of Administrator of General Services or of the General Services Administration as is incidental to or necessary for carrying out of provisions of such Act. Section 3 of such Plan provided for transfer of records, property, personnel, and funds. Federal Security Agency abolished by section 8 of Reorg. Plan No. 1 of 1953, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out as a note in the Appendix to Title 5, and all duties and functions of Federal Security Agency and Administrator of Federal Security Agency transferred to Secretary of Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out in Appendix to Title 5. Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services, respectively, by 20 U.S.C. 3508. ------DocID 44394 Document 640 of 816------ -CITE- 40 USC Sec. 754 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 754. Redistribution of Administrator's functions -STATUTE- The Administrator is authorized, in his discretion, in order to provide for the effective accomplishment of the functions transferred to or vested in him by this Act, and from time to time, to regroup, transfer, and distribute any such functions within the General Services Administration. The Administrator is authorized to transfer the funds necessary to accomplish said functions and report such transfers of funds to the Director of the Office of Management and Budget. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 106, 63 Stat. 381; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 630d of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 216 of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 486 of this title. ------DocID 44395 Document 641 of 816------ -CITE- 40 USC Sec. 755 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 755. Transfer of funds -STATUTE- (a) All unexpended balances of appropriations, allocations, or other funds available or to be made available, for the use of the Bureau of Federal Supply, the War Assets Administration, the Federal Works Agency, and the National Archives Establishment, and so much of the other unexpended balances of appropriations, allocations, or other funds of the Department of the Treasury, available or to be made available, as the Director of the Office of Management and Budget shall determine to relate primarily to functions transferred to or vested in the Administrator by the provisions of this Act, shall be transferred to the General Services Administration for use in connection with the functions to which such balances relate respectively. (b) When other functions are transferred to the General Services Administration from any Federal agency, under section 481(a)(2) or (3) of this title, or otherwise under this Act, there shall be transferred such records, property, personnel, appropriations, allocations, and other funds of such agency to the General Services Administration as the Director of the Office of Management and Budget shall determine to relate primarily to the functions so, transferred. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 107, 63 Stat. 382; 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION Section was formerly classified to section 630e of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 217 of Title 41, Public Contracts. -TRANS- TRANSFER OF FUNCTIONS For transfer of functions and abolition of Bureau of Federal Supply, see section 752 of this title. For transfer of functions of War Assets Administration to General Services Administration, see section 105 of act June 30, 1949, ch. 288, 63 Stat. 381. For transfer of functions and abolition of Federal Works Agency, see section 753 of this title. Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. Section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -MISC7- TRANSFER OF RECORDS, FACILITIES, ETC. Section 4 of Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, set out as a note under section 486 of this title, provided for transfer of records, facilities personnel, and appropriations by Director of Bureau of the Budget (now Director of Office of Management and Budget) to Administrator of General Services for purpose of interagency motor-vehicle pools and systems. ------DocID 44396 Document 642 of 816------ -CITE- 40 USC Sec. 756 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 756. General Supply Fund -STATUTE- (a) Creation and composition of Fund; availability; overhead costs There is authorized to be set aside in the Treasury a special fund which shall be known as the General Supply Fund. Such fund shall be composed of 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 sums as may be appropriated thereto and the value, as determined by the Administrator, of inventories of personal property from time to time transferred to the Administrator by other executive agencies under authority of section 481(a)(2) of this title to the extent that payment is not made or credit allowed therefor, 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. The General Supply Fund shall be available for use by or under the direction and control of the Administrator (1) for procuring personal property (including the purchase from or through the Public Printer, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by Federal agencies not available through the Superintendent of Documents) and nonpersonal services for the use of Federal agencies in the proper discharge of their responsibilities, (2) for paying the purchase price, transportation of personal property and services, and the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property, and (3) for 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 such Administration. (b) Payments by requisitioning agencies; fixing of prices; advance of funds Payment by requisitioning agencies shall be at prices fixed by the Administrator. Such prices shall be fixed at levels so as to recover so far as practicable the applicable purchase price, the transportation cost, inventory losses, the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property, and the cost of amortization and repair of equipment utilized for lease or rent to executive agencies. Such prices shall also include an additional charge to recover properly allocable costs payable by the General Supply Fund under subsection (a)(3) of this section with respect to the supplies or services concerned. Requisitioning agencies shall pay by advance of funds in all cases where it is determined by the Administrator that there is insufficient capital otherwise available in the General Supply Fund. Advances of funds also may be made by agreement between the requisitioning agencies and the Administrator. Where an advance of funds is not made, the General Services Administration shall be reimbursed promptly out of funds of the requisitioning agency in accordance with accounting procedures approved by the Comptroller General: Provided, That in any case where payment shall not have been made by the requisitioning agency within forty-five days after the date of billing by the Administrator or the date on which an actual liability for personal property or services is incurred by the Administrator, whichever is the later, reimbursement may be obtained by the Administrator by the issuance of transfer and counterwarrants, or other lawful transfer documents, supported by itemized invoices. (c) Credits to Fund The General Supply Fund shall be credited with all reimbursements, advances of funds, and refunds or recoveries relating to personal property or services procured through the fund, including the net proceeds of disposal of surplus personal property procured through the fund and receipts from carriers and others for loss of, or damage to, personal property procured through the fund; and the same are reappropriated for the purposes of the fund. (d) Repealed. Pub. L. 87-600, Sec. 1(c), Aug. 24, 1962, 76 Stat. 401 (e) Audit; surplus; report to Congress (1) As of September 30 of each year, there shall be covered into the United States Treasury as miscellaneous receipts any surplus in the General Supply Fund, all assets, liabilities, and prior losses considered, above the amounts transferred or appropriated to establish and maintain said fund. (2) The Comptroller General shall make audits of the General Supply Fund in accordance with the provisions of chapter 35 of title 31 and make reports on the results thereof. (f) Additional uses of Fund Subject to the requirements of subsections (a) to (e) of this section, the General Supply Fund also may be used for the procurement of personal property and nonpersonal services authorized to be acquired by mixed-ownership Government corporations, or by the municipal government of the District of Columbia, or by a requisitioning non-Federal agency when the function of a Federal agency authorized to procure for it is transferred to the General Services Administration. (g) Material tests; fees; disposition of fees Whenever any producer or vendor shall tender any article or commodity for sale or lease to the General Services Administration or to any procurement authority acting under the direction and control of the Administrator pursuant to this Act, the Administrator is authorized in his discretion, with the consent of such producer or vendor, to cause to be conducted, in such manner as the Administrator shall specify, such tests as he shall prescribe either to determine whether such article or commodity conforms to prescribed specifications and standards, or to aid in the development of contemplated specifications and standards. When the Administrator determines that the making of such tests will serve predominantly the interest of such producer or vendor, he shall charge such producer or vendor a fee which shall be fixed by the Administrator in such amount as will recover the cost of conducting such tests, including all components of such costs, determined in accordance with accepted accounting principles. When the Administrator determines that the making of such tests will not serve predominantly the interest of such producer or vendor, he shall charge such producer or vendor such fee as he shall determine to be reasonable for the furnishing of such testing service. All such fees collected by the Administrator may be deposited in the general supply fund to be used for any purpose authorized by subsection (a) of this section. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 109, 63 Stat. 382; Sept. 5, 1950, ch. 849, Sec. 1, 2(a), (b), 3, 64 Stat. 578, 579; July 12, 1952, ch. 703, Sec. 1(c)-(e), 66 Stat. 593; July 5, 1960, Pub. L. 86-591, 74 Stat. 330; Oct. 4, 1961, Pub. L. 87-372, 75 Stat. 802; Aug. 24, 1962, Pub. L. 87-600, 76 Stat. 401; Jan. 2, 1975, Pub. L. 93-604, title VII, Sec. 701, 88 Stat. 1963; Apr. 21, 1976, Pub. L. 94-273, Sec. 2(19), 90 Stat. 375; Dec. 22, 1987, Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 619(a), (b)), 101 Stat. 1329-390, 1329-427.) -REFTEXT- REFERENCES IN TEXT Act of February 27, 1929, referred to in subsec. (a), is act Feb. 27, 1929, ch. 354, 45 Stat. 1341, as amended, which enacted section 289 of this title and sections 7a to 7c, and 7d of Title 41, Public Contracts. Sections 7a to 7c, and 7d of Title 41 were repealed by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(29)-(31), 63 Stat. 401, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat. 583. For complete classification of this Act to the Code, see Tables. This Act, referred to in subsec. (g), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION In subsec. (e)(2), 'chapter 35 of title 31' substituted for 'the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 630g of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Prior thereto, section was classified to section 219 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 619(a)), added cl. (3). Subsec. (b). Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 619(b)), inserted provision requiring that prices also include an additional charge to recover properly allocable costs payable by the General Supply Fund. 1976 - Subsec. (e)(1). Pub. L. 94-273 substituted 'September' for 'June'. 1975 - Subsec. (e). Pub. L. 93-604 substantially reenacted existing provisions and substituted requirement that the audit of the General Supply Fund shall be made in accordance with the Accounting and Auditing Act of 1950 for requirement that the audit shall be made as of June 30, and struck out requirement that the Comptroller General shall report to the Congress annually the results of the audit, together with such recommendations as he may have regarding the status and operations of the fund. 1962 - Subsec. (a). Pub. L. 87-600, Sec. 1(a), (d), substituted 'transportation of personal property and services' for 'transportation to first storage point of supplies and services'. Subsec. (b). Pub. L. 87-600, Sec. 1(b), (d), struck out 'to first storage point' after 'the transportation cost', and requirement that until July 1, 1950, prices were to be fixed in accordance with law and regulations applicable on July 1, 1949, to prices fixed by the Director of the Bureau of Federal Supply, and substituted 'actual liability for personal property' for 'actual liability for supplies'. Subsec. (c). Pub. L. 87-600, Sec. 1(d), substituted 'personal property' for 'supplies' wherever appearing. Subsec. (d). Pub. L. 87-600, Sec. 1(c), struck out subsec. (d) which authorized the establishment of a special deposit account for use by the chief, or any regional, disbursing officer, chargeable with payments properly chargeable to the fund. Subsec. (f). Pub. L. 87-600, Sec. 1(d), substituted 'personal property' for 'supplies'. 1961 - Subsec. (a). Pub. L. 87-372 struck out $150,000,000 capital limitation of General Supply Fund. 1960 - Subsec. (g). Pub. L. 86-591 authorized Administrator to cause tests to be conducted to aid in development of contemplated specifications and standards. 1952 - Subsec. (a). Act July 12, 1952, Sec. 1(c), (d), inserted 'and the value, as determined by the Administrator, of inventories of personal property from time to time transferred to the Administrator by other executive agencies under authority of section 201(a)(2) to the extent that payment is not made or credit allowed therefor' in second sentence after 'thereto', and increased General Supply Fund capital from $75,000,000 to $150,000,000. Subsec. (f). Act July 12, 1952, Sec. 1(e), struck out proviso relating to prices charged by the Administrator to cover overhead. 1950 - Subsec. (a). Act Sept. 5, 1950, Sec. 1, 2(a), provided for purchases from or through the Public Printer, for warehouse issue, of standard forms, etc. in common use by Federal agencies which are not available through the Superintendent of Documents, and to eliminate the surcharge on the general supply fund transactions and to charge requisitioning agencies with the purchase price, etc. and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property. Subsec. (b). Act Sept. 5, 1950, Sec. 2(b), 3(a), fixed the applicable standard for pricing general supply fund commodities, and to reimburse the General Services Administration, where an advance of funds is not made out of funds of the requisitioning agency in accordance with accounting procedures approved by the Comptroller General. Subsec. (g). Act Sept. 5, 1950, Sec. 3(b), added subsec. (g). EFFECTIVE DATE OF 1987 AMENDMENT Section 101(m) (title VI, Sec. 619(d)) of Pub. L. 100-202 provided that: 'The amendments made by this Act (probably means amendments made by section 101(m) (title VI, Sec. 619) of Pub. L. 100-202, amending this section) shall take effect not later than April 1, 1988.' EFFECTIVE DATE OF 1950 AMENDMENT Section 2(c) of act Sept. 5, 1950, provided that: 'The amendments made by this section (amending this section) shall be effective on the date, not earlier than July 1, 1950, on which the Administrator of General Services shall determine that appropriated funds adequate to effectuate the purposes of such amendments have been made available.' -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -MISC7- PLAN FOR IMPLEMENTATION OF AMENDMENTS Section 101(m) (title VI, Sec. 619(c)) of Pub. L. 100-202 provided that: 'Not later than February 15, 1988, the Administrator of General Services shall submit to the appropriate committees of the Congress a plan for the implementation of the amendments made by this Act (probably means amendments made by section 101(m) (title VI, Sec. 619) of Pub. L. 100-202, amending this section). Such plan shall (1) fully describe and explain the accounting system (including the pricing and cost allocation methodology for supplies and services) to be used for such implementation, and (2) contain a schedule for completing actions necessary for such implementation.' ADDITIONAL INCREASES IN GENERAL SUPPLY FUND Provisions increasing the capital of the General Supply Fund were contained in the following appropriation acts: June 5, 1981, Pub. L. 97-12, title I, 95 Stat. 75 - $222,300,000. July 25, 1979, Pub. L. 96-38, title I, 93 Stat. 124 - $10,000,000. May 29, 1967, Pub. L. 90-21, title I, 81 Stat. 33 - $45,000,000. Dec. 19, 1963, Pub. L. 88-215, title I, 77 Stat. 434 - $30,000,000. May 17, 1963, Pub. L. 88-25, title I, 77 Stat. 26 - $25,000,000. Oct. 3, 1962, Pub. L. 87-741, title I, 76 Stat. 725 - $13,500,000. July 25, 1962, Pub. L. 87-545, title I, 76 Stat. 212 - $7,500,000. Aug. 17, 1961, Pub. L. 87-141, title I, 75 Stat. 351 - $6,000,000. Mar. 31, 1961, Pub. L. 87-14, title I, 75 Stat. 25 - $20,000,000. May 20, 1959, Pub. L. 86-30, title I, 73 Stat. 43 - $15,000,000. Aug. 28, 1958, Pub. L. 85-844, title I, 72 Stat. 1068 - $6,250,000. June 29, 1957, Pub. L. 85-69, title I, 71 Stat. 231 - $12,500,000. July 27, 1956, ch. 748, Ch. VI, 70 Stat. 686 - $8,000,000. June 27, 1956, ch. 452, title I, 70 Stat. 344 - $10,000,000. Sept. 27, 1950, ch. 1052, Ch. VIII, 64 Stat. 1056 - $30,000,000. Sept. 6, 1950, ch. 896, Ch. VIII, title I, 64 Stat. 706 - $4,000,000. June 30, 1949, ch. 286, title I, 63 Stat. 364 - $479,803.93. June 14, 1948, ch. 466, title I, 62 Stat. 416 - $1,500,000. Apr. 1, 1944, ch. 152, title I, 58 Stat. 162 - $1,000,000. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 483, 491, 756b of this title. ------DocID 44397 Document 643 of 816------ -CITE- 40 USC Sec. 756a -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 756a. Retention of surplus generated from operation of General Supply Fund -STATUTE- The Administrator of the General Services Administration is authorized on and after June 5, 1981, to retain from any surplus generated from the operation of the General Supply Fund such sums as may be necessary to maintain a sufficient level of inventory of personal property to meet the needs of the Federal agencies. -SOURCE- (Pub. L. 97-12, title I, ch. XII, June 5, 1981, 95 Stat. 75.) -COD- CODIFICATION Section was enacted as part of the Supplemental Appropriations and Rescission Act, 1981, and not as part of the Federal Property and Administrative Services Act of 1949 part of which comprises this chapter. ------DocID 44398 Document 644 of 816------ -CITE- 40 USC Sec. 756b -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 756b. Periodic reimbursement for cost of equipment purchased for Congressional use; computation -STATUTE- (a) Notwithstanding any other provision of law, the Administrator of General Services is authorized to accept periodic reimbursement from the Senate and from the House of Representatives for the cost of any equipment purchased for the Senate or the House of Representatives, respectively, with funds from the General Supply Fund established under section 756 of this title. The amount of each such periodic reimbursement shall be computed by amortizing the total cost of each item of equipment over the useful life of the equipment, as determined by the Administrator, in consultation with the Sergeant at Arms and Doorkeeper of the Senate or the Clerk of the House of Representatives, as appropriate. (b) Subsection (a) of this section applies to reimbursements to the General Supply Fund for any equipment purchased for the Senate or the House of Representatives before, on, or after October 18, 1986. -SOURCE- (Pub. L. 99-500, Sec. 151, Oct. 18, 1986, 100 Stat. 1783-352, and Pub. L. 99-591, Sec. 151, Oct. 30, 1986, 100 Stat. 3341-355; Pub. L. 100-202, Sec. 101(i) (title I, Sec. 4), Dec. 22, 1987, 101 Stat. 1329-290, 1329-294.) -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. Section was enacted as part of the Legislative Branch Appropriations Act, 1988, and not as part of the Federal Property and Administrative Services Act of 1949 part of which comprises this chapter. -MISC3- AMENDMENTS 1987 - Subsec. (a). Pub. L. 100-202 struck out 'during fiscal year 1987' after 'is authorized' in first sentence. ------DocID 44399 Document 645 of 816------ -CITE- 40 USC Sec. 757 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 757. Information Technology Fund -STATUTE- (a) Establishment; content; costs and capital requirements (1) There is established on the books of the Treasury and Information Technology Fund (hereinafter referred to as the 'Fund'), which shall be available without fiscal year limitation. There are authorized to be appropriated to the Fund such sums as may be required. For purposes of subsection (b) of this section, the Fund shall consist of - (A) the capital and assets of the Federal telecommunications fund established under this section (as in effect on December 31, 1986), which are in such fund on January 1, 1987; (B) the capital and assets which are in the automatic data processing fund established under section 759 of this title (as in effect on December 31, 1986) which are in such fund on January 1, 1987; and (C) the supplies and equipment transferred to the Administrator under sections 759 and 486(f) of this title, subject to any liabilities assumed with respect to such supplies and equipment. (2) The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall submit plans concerning such requirements and such other information as may be requested for the review and approval of the Director of the Office of Management and Budget. Any change to the cost and capital requirements of the Fund for a fiscal year shall be made in the same manner as provided by this section for the initial fiscal year determination. If approved by the Director, the Administrator shall establish rates to be charged agencies provided, or to be provided, information technology resources through the Fund consistent with such approvals. Such cost and capital requirements may include funds - (A) needed for the purchase (if the Administrator has determined that purchase is the least costly alternative of information processing and transmission equipment, software, systems, and operating facilities necessary for the provision of such services; (B) resulting from operations of the Fund, including the net proceeds of disposal of excess or surplus personal property and receipts from carriers and others for loss or damage to property; and (C) which are appropriated, authorized to be transferred, or otherwise made available to the Fund. These plans fulfill the requirements of sections 1512 and 1513 of title 31. (b) Function and availability of Fund The Fund shall - (1) assume all of the liabilities, obligations, and commitments of the funds described in subparagraphs (A) and (B) of subsection (a)(1) of this section; and (2) be available for expenses, including personal services and other costs, and for procurement (by lease, purchase, transfer, or otherwise) for efficiently providing information technology resources to Federal agencies and for the efficient management, coordination, operation, and utilization of such resources. (c) Contract authority (1) In the operation of the Fund, the Administrator is authorized to enter into multiyear contracts for the provision of information technology hardware, software, or services for periods not in excess of five years, if - (A) funds are available and adequate for payment of the costs of such contract for the first fiscal year and any costs of cancellation or termination; (B) such contract is awarded on a fully competitive basis; and (C) the Administrator determines that - (i) the need for the information technology hardware, software, or services being provided will continue over the period of the contract; (ii) the use of the multiyear contract will yield substantial cost savings when compared with other methods of providing the necessary resources; and (iii) such a method of contracting will not exclude small business participation. (2) Any cancellation costs incurred with respect to a contract entered into under this subsection shall be paid from currently available funds in the Fund. (3) This subsection shall not be construed to limit the authority of the Administrator to procure equipment and services under section 481 of this title. (d) Transfer of uncommitted balances Following the close of each fiscal year, the uncommitted balance of any funds remaining in the Fund, after making provision for anticipated operating needs as determined by the Office of Management and Budget, shall be transferred to the general fund of the Treasury as miscellaneous receipts. (e) Annual report A report on the operation of the Fund shall be made annually by the Administrator to the Director of the Office of Management and Budget. Such report shall identify any proposed increases to the capital of the Fund and shall include a report on information processing equipment inventory, utilization, and acquisition. (f) Information technology resources For purposes of this section, the term 'information technology resources' includes any service or equipment which had been acquired or provided under this section or section 759 of this title, including other information processing and transmission equipment, software, systems, operating facilities, supplies, and services related thereto, and maintenance and repair thereof. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 110, as added Oct. 23, 1962, Pub. L. 87-847, 76 Stat. 1117, and amended Oct. 18, 1986, Pub. L. 99-500, Sec. 101(m) (title VIII, Sec. 821(a)(1)), 100 Stat. 1783-308, 1783-340, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(a)(1)), 100 Stat. 3341-308, 3341-340; Nov. 3, 1989, Pub. L. 101-136, title IV, Sec. 25, 103 Stat. 808.) -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. Section was formerly classified to section 630g-1 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1989 - Subsec. (a)(2). Pub. L. 101-136 inserted at end 'These plans fulfill the requirements of sections 1512 and 1513 of title 31.' 1986 - Pub. L. 99-500 and Pub. L. 99-591 amended section generally, substituting provisions relating to the Information Technology Fund for former provisions relating to the Federal telecommunications fund. EFFECTIVE DATE OF 1986 AMENDMENT Section 101(m) (title VIII, Sec. 833) of Pub. L. 99-500 and Pub. L. 99-591 provided that: 'This title and the amendments made by this title (amending this section, sections 751 and 759 of this title, and sections 3501 to 3507, 3511, 3514, and 3520 of Title 44, Public Printing and Documents, enacting provisions set out as notes under sections 101 and 3503 of Title 44, amending provisions set out as a note under section 3503 of Title 44, and repealing provisions set out as a note under section 759 of this title) shall take effect on the date of enactment of this Act (Oct. 18, 1986), except as provided in section 813(b) (set out as a note under section 3503 of Title 44) and except that the provisions of section 821 and the amendments made by such section (amending this section and section 759 of this title, section 3504 of Title 44, and provisions set out as a note under section 3503 of Title 44) shall take effect on January 1, 1987.' -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 44 sections 3504, 3505. ------DocID 44400 Document 646 of 816------ -CITE- 40 USC Sec. 758 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 758. Personnel -STATUTE- (a) Appointment and compensation The Administrator is authorized, subject to the civil-service and classification laws, to appoint and fix the compensation of such personnel as may be necessary to carry out the provisions of titles I, II, III, V, and VI of this Act. (b) Temporary employment of experts or consultants; stenographic reporting services To such extent as he finds necessary to carry out the provisions of titles I, II, III, V, and VI of this Act, the Administrator is authorized to procure the temporary (not in excess of one year) or intermittent services of experts or consultants 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. (c) Utilization of personnel of other Federal agencies Notwithstanding the provisions of section 973 of title 10 or of any other provision of law, the Administrator in carrying out the functions imposed upon him by this Act is authorized to utilize in his agency the services of officials, officers, and other personnel in other executive agencies, including personnel of the armed services, with the consent of the head of the agency concerned. -SOURCE- (June 30, 1949, ch. 288, title II, Sec. 208, 63 Stat. 391; Sept. 5, 1950, ch. 849. Sec. 7(b), (c), 64 Stat. 590.) -REFTEXT- REFERENCES IN TEXT The civil-service laws, referred to in subsecs. (a) and (b), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. The classification laws, referred to in subsecs. (a) and (b), are classified generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5. This Act, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act, including titles I, II, III, V and VI thereof, see Short Title note set out under section 471 of this title and Tables. -COD- CODIFICATION In subsec. (c), 'section 973 of title 10' substituted for 'sections 3544 and 8544 of title 10' on authority of Pub. L. 90-235, Sec. 4(a)(5), (6), Jan. 2, 1968, 81 Stat. 759. Previously, 'sections 3544 and 8544 of title 10' had been substituted for 'section 1222 of the Revised Statutes (10 U.S.C. 576)' on authority of act Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640, the first section of which enacted Title 10, Armed Forces. Section was formerly classified to section 630h of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. Section was also formerly classified to section 238 of Title 41, Public Contracts. -MISC3- AMENDMENTS 1950 - Subsecs. (a), (b). Act Sept. 5, 1950, substituted 'V, and VI of this Act' for 'and V of this Act'. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties of Office of Audits and Office of Investigations in General Services Administration transferred to Office of Inspector General in General Services Administration by section 9(a)(1)(K) of the Inspector General Act of 1978, Pub. L. 95-452, set out in the Appendix to Title 5, Government Organization and Employees, section 2 of which established such Office of Inspector General. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. CROSS REFERENCES Employment of experts and consultants generally, see section 3109 of Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 752 of this title. ------DocID 44401 Document 647 of 816------ -CITE- 40 USC Sec. 759 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 759. Procurement, maintenance, operation and utilization of automatic data processing equipment -STATUTE- (a) Authority of Administrator to coordinate and provide for purchase, lease and maintenance of equipment by Federal agencies (1) The Administrator is authorized and directed to coordinate and provide for the economic and efficient purchase, lease, and maintenance of automatic data processing equipment by Federal agencies. (2)(A) For purposes of this section, the term 'automatic data processing equipment' means any equipment or interconnected system or subsystems of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching interchange, transmission, or reception, of data or information - (i) by a Federal agency, or (ii) under a contract with a Federal agency which - (I) requires the use of such equipment, or (II) requires the performance of a service or the furnishing of a product which is performed or produced making significant use of such equipment. (B) Such term includes - (i) computers; (ii) ancillary equipment; (iii) software, firmware, and similar procedures; (iv) services, including support services; and (v) related resources as defined by regulations issued by the Administrator for General Services. (3) This section does not apply to - (A) automatic data processing equipment acquired by a Federal contractor which is incidental to the performance of a Federal contract; (B) radar, sonar, radio, or television equipment; (C) the procurement by the Department of Defense of automatic data processing equipment or services if the function, operation, or use of which - (i) involves intelligence activities; (ii) involves cryptologic activities related to national security; (iii) involves the command and control of military forces; (iv) involves equipment which is an integral part of a weapon or weapons system; or (v) is critical to the direct fulfillment of military or intelligence missions, provided that this exclusion shall not include automatic data processing equipment used for routine administrative and business applications such as payroll, finance, logistics, and personnel management; or (D) the procurement of automatic data processing equipment or services by the Central Intelligence Agency. (b) Procurement, maintenance and repair of equipment; transfer between agencies; joint utilization; establishment and operation of equipment pools and data processing centers; delegation of Administrator's authority (1) Automatic data processing equipment suitable for efficient and effective use by Federal agencies shall be provided by the Administrator through purchase, lease, transfer of equipment from other Federal agencies, or otherwise, and the Administrator is authorized and directed to provide by contract or otherwise for the maintenance and repair of such equipment. In carrying out his responsibilities under this section the Administrator is authorized to transfer automatic data processing equipment between Federal agencies, to provide for joint utilization of such equipment by two or more Federal agencies, and to establish and operate equipment pools and data processing centers for the use of two or more such agencies when necessary for its most efficient and effective utilization. (2) The Administrator may delegate to one or more Federal agencies authority to operate automatic data processing equipment pools and automatic data processing centers, and to lease, purchase, or maintain individual automatic data processing systems or specific units of equipment, including such equipment used in automatic data processing pools and automatic data processing centers, when such action is determined by the Administrator to be necessary for the economy and efficiency of operations, or when such action is essential to national defense or national security. The Administrator may delegate to one or more Federal agencies authority to lease, purchase, or maintain automatic data processing equipment to the extent to which he determines such action to be necessary and desirable to allow for the orderly implementation of a program for the utilization of such equipment. (3) If the Administrator finds that a senior official of an agency designated pursuant to section 3506(b) of title 44 is sufficiently independent of program responsibility and has sufficient experience, resources, and ability to carry out fairly and effectively procurements under this section, the Administrator may delegate to such official the authority to lease, purchase, or maintain automatic data processing equipment pursuant to paragraph (2) of this subsection, except that any such delegation shall not relieve the Administrator of the responsibilities assigned to the Administrator under this section. A delegation by the Administrator under this subsection shall not preclude the Administrator from reviewing individual procurement requests if the Administrator determines that circumstances warrant such a review. The Administrator shall retain authority to revoke such delegations, both in general and with regard to any specific matter. In acting for the Administrator, any official to whom approval authority has been delegated under this subsection shall comply fully with the rules and regulations promulgated by the Administrator. (c) Inapplicability of other inconsistent provisions of law The proviso following paragraph (4) in section 481(a) of this title and the provisions of section 474 of this title shall have no application in the administration of this section. No other provision of this Act or any other Act which is inconsistent with the provisions of this section shall be applicable in the administration of this section. (d) Standards and guidelines for Federal computer systems; promulgation, disapproval or modification, etc. (1) The Secretary of Commerce shall, on the basis of standards and guidelines developed by the National Bureau of Standards pursuant to section 278g-3(a)(2) and (3) of title 15, promulgate standards and guidelines pertaining to Federal computer systems, making such standards compulsory and binding to the extent to which the Secretary determines necessary to improve the efficiency of operation or security and privacy of Federal computer systems. The President may disapprove or modify such standards and guidelines if he determines such action to be in the public interest. The President's authority to disapprove or modify such standards and guidelines may not be delegated. Notice of such disapproval or modification shall be submitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate and shall be published promptly in the Federal Register. Upon receiving notice of such disapproval or modification, the Secretary of Commerce shall immediately rescind or modify such standards or guidelines as directed by the President. (2) The head of a Federal agency may employ standards for the cost-effective security and privacy of sensitive information in a Federal computer system within or under the supervision of that agency that are more stringent than the standards promulgated by the Secretary of Commerce, if such standards contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Secretary of Commerce. (3) The standards determined to be compulsory and binding may be waived by the Secretary of Commerce in writing upon a determination that compliance would adversely affect the accomplishment of the mission of an operator of a Federal computer system, or cause a major adverse financial impact on the operator which is not offset by Government-wide savings. The Secretary may delegate to the head of one or more Federal agencies authority to waive such standards to the extent to which the Secretary determines such action to be necessary and desirable to allow for timely and effective implementation of Federal computer systems standards. The head of such agency may redelegate such authority only to a senior official designated pursuant to section 3506(b) of title 44. Notice of each such waiver and delegation shall be transmitted promptly to the Committee on Government Operations of the House of Representatives and the Committee on Governmental Affairs of the Senate and shall be published promptly in the Federal Register. (4) The Administrator shall revise the Federal information resources management regulations (41 CFR ch. 201) to be consistent with the standards and guidelines promulgated by the Secretary of Commerce under this subsection. (5) As used in this subsection, the terms 'Federal computer system' and 'operator of a Federal computer system' have the meanings given in section 278g-3(d) of title 15. (e) Limitations on authority of Administrator and Secretary of Commerce; notice and review of Administrator's determinations The authority conferred upon the Administrator and the Secretary of Commerce by this section shall be exercised subject to direction by the President and to fiscal and policy control exercised by the Office of Management and Budget. Authority so conferred upon the Administrator shall not be so construed as to impair or interfere with the determination by agencies of their individual automatic data processing equipment requirements, including the development of specifications for and the selection of the types and configurations of equipment needed. The Administrator shall not interfere with, or attempt to control in any way, the use made of automatic data processing equipment or components thereof by any agency. The Administrator shall provide adequate notice to all agencies and other users concerned with respect to each proposed determination whether or not the automatic data processing equipment will be provided by the Administrator or whether or not the authority to lease, purchase, or maintain the equipment will be delegated. If the Administrator denies an agency procurement request such denial shall be subject to review and decision by the Director of the Office of Management and Budget, unless the President otherwise directs. Such review and decision shall be made only on the basis of a written appeal, and such written appeal, together with any written communications to the Administrator or any officer or employee of the Office of Management and Budget concerning such denial shall be made available to the public. (f) Automated data processing dispute resolution (1) Upon request of an interested party in connection with any procurement which is subject to this section (including procurements subject to delegation of procurement authority), the board of contract appeals of the General Services Administration (hereafter in this subsection referred to as the 'board'), shall review any decision by a contracting officer alleged to violate a statute or regulation. Such review shall be conducted under the standard applicable to review of contracting officer final decisions by boards of contract appeals. The authority of the board to conduct such review shall include the authority to determine whether any procurement is subject to this section and the authority to review regulations to determine their consistency with applicable statutes. A proceeding, decision, or order of the board pursuant to this subsection shall not be subject to interlocutory appeal or review. An interested party who has filed a protest under subchapter V of chapter 35 of title 31, with respect to a procurement or proposed procurement may not file a protest with respect to that procurement or proposed procurement under this subsection. (2)(A) When a protest under this subsection is filed before the award of a contract in a protested procurement, the board, at the request of an interested party and within 10 days of the filing of the protest, shall hold a hearing to determine whether the board should suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority for the protested procurement on an interim basis until the board can decide the protest. (B) The board shall suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority unless the Federal agency concerned establishes that - (i) absent action by the board, contract award is likely to occur within 30 days of the hearing; and (ii) urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the board. (3)(A) If the board receives notice of a protest under this subsection after the contract has been awarded but within 10 days after the contract award, the board shall, at the request of an interested party and within 10 days after the date of the filing of the protest, hold a hearing to determine whether the board should suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority for the challenged procurement on an interim basis until the board can decide the protest. (B) The board shall suspend the procurement authority of the Administrator or the Administrator's delegation of procurement authority to acquire any goods or services under the contract which are not previously delivered and accepted unless the Federal agency concerned establishes that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for the decision of the board. (4)(A) The board shall conduct such proceedings and allow such discovery as may be required for the expeditious, fair, and reasonable resolution of the protest. (B) Subject to any deadlines imposed by section 9(a) of the Contract Disputes Act of 1978 (41 U.S.C. 608(a)), the board shall give priority to protests filed under this subsection. The board shall issue its final decision within 45 working days after the date of the filing of the protest, unless the board's chairman determines that the specific and unique circumstances of the protest require a longer period, in which case the board shall issue such decision within the longer period determined by the chairman. (C) The board may dismiss a protest the board determines is frivolous or which, on its face, does not state a valid basis for protest. (5)(A) In making a decision on the merits of protests brought under this section, the board shall accord due weight to the policies of this section and the goals of economic and efficient procurement set forth in this section. The board may consider any decision, determination, opinion, or statement made by the Director of the Office of Management and Budget or any officer of any other Federal agency regarding applicability of this section to a particular procurement, and may request the advice of the Director or such officer with regard to such applicability, but shall not be bound by any such decision, determination, opinion, or statement when determining whether a procurement is subject to this section. (B) If the board determines that a challenged agency action violates a statute or regulation or the conditions of any delegation of procurement authority issued pursuant to this section, the board may suspend, revoke, or revise the procurement authority of the Administrator or the Administrator's delegation of procurement authority applicable to the challenged procurement. (C) Whenever the board makes such a determination, it may, in accordance with section 1304 of title 31, further declare an appropriate interested party to be entitled to the costs of - (i) filing and pursuing the protest, including reasonable attorney's fees, and (ii) bid and proposal preparation. (6)(A) The final decision of the board may be appealed by the head of the Federal agency concerned and by any interested party, including interested parties who intervene in any protest filed under this subsection, as set forth in the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.). (B) If the board revokes, suspends, or revises the procurement authority of the Administrator or the Administrator's delegation of procurement authority after the contract award, the affected contract shall be presumed valid as to all goods or services delivered and accepted under the contract before the suspension, revocation, or revision of such procurement authority or delegation. (C) Nothing contained in this subsection shall affect the board's power to order any additional relief which it is authorized to provide under any statute or regulation. However, the procedures set forth in this subsection shall only apply to procurements conducted under the authority contained in this section. In addition, nothing contained in this subsection shall affect the right of any interested party to file a protest with the contracting agency or to file an action in a district court of the United States or the United States Claims Court. (8) (FOOTNOTE 1) Not later than January 15, 1985, the board shall adopt and issue such rules and procedures as may be necessary to the expeditious disposition of protests filed under the authority of this subsection. (FOOTNOTE 1) Subsec. (f) enacted without a par. (7). (9) For purposes of this subsection - (A) the term 'protest' means a written objection by an interested party to a solicitation by a Federal agency for bids or proposals for a proposed contract for the procurement of property or services or a written objection to a proposed award or the award of such a contract; and (B) the term 'interested party' means, with respect to a contract or proposed contract described in subparagraph (A), an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract. (g) Procurement from sole source or by specific make and model The justifications and approvals required by section 253(f)(1) of title 41 shall apply in the case of any procurement under this section for which the minimum needs are so restrictive that only one manufacturer is capable of satisfying such needs. Such procurement includes either a sole source procurement or a procurement by specific make and model. Such justification and approval shall be required notwithstanding that more than one bid or offer is made or that the procurement obtains price competition and such procurement shall be treated as a procurement using procedures other than competitive procedures for purposes of section 417(b) of title 41. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 111, as added Oct. 30, 1965, Pub. L. 89-306, 79 Stat. 1127, and amended 1970 Reorg. Plan No. 2, Sec. 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; July 18, 1984, Pub. L. 98-369, div. B, title VII, Sec. 2713(a), 98 Stat. 1182; Nov. 8, 1985, Pub. L. 99-145, title IX, Sec. 961(c), title XIII, Sec. 1304(c)(1), 99 Stat. 703, 742; Oct. 18, 1986, Pub. L. 99-500, Sec. 101(m) (title VIII, Sec. 821(b)(1), 822-825), 100 Stat. 1783-308, 1783-342 to 1783-344, and Oct. 30, 1986, Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1), 822-825), 100 Stat. 3341-308, 3341-342 to 3341-344; Jan. 8, 1988, Pub. L. 100-235, Sec. 4, 101 Stat. 1728.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (c), is act June 30, 1949, ch. 288, 63 Stat. 377, as amended, known as the Federal Property and Administrative Services Act of 1949. For complete classification of this Act to the Code, see Short Title note set out under section 471 of this title and Tables. The Contract Disputes Act of 1978, referred to in subsec. (f)(6)(A), is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is classified principally to chapter 9 (Sec. 601 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 601 of Title 41 and Tables. -COD- CODIFICATION Pub. L. 99-591 is a corrected version of Pub. L. 99-500. Section was formerly classified to section 630g-2 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89-554, Sec. 1, Sept. 6, 1966, 80 Stat. 378. -MISC3- AMENDMENTS 1988 - Subsec. (d). Pub. L. 100-235 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: 'The Secretary of Commerce is authorized (1) to provide agencies, and the Administrator of General Services in the exercise of the authority delegated in this section, with scientific and technological advisory services relating to automatic data processing and related systems, and (2) to make appropriate recommendations to the President relating to the establishment of uniform Federal automatic data processing standards. The Secretary of Commerce is authorized to undertake the necessary research in the sciences and technologies of automatic data processing computer and related systems, as may be required under provisions of this subsection.' 1986 - Subsec. (a). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 822(a)), designated existing provisions as par. (1) and added pars. (2) and (3). Subsec. (b)(3). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 822(b)), added par. (3). Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1)), redesignated subsec. (e) as (c) and struck out former subsec. (c) which provided for establishment of automatic data processing fund and uses of fund and required an annual report. Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1)), redesignated subsec. (f) as (d) and struck out former subsec. (d) which related to capital of automatic data processing fund, credits for fund, and transfer of net income to Treasury at close of each fiscal year. Subsec. (e). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1)(B)), redesignated subsec. (g) as (e). Former subsec. (e) redesignated (c). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 825), substituted 'exercised by the Office of Management and Budget' for 'exercised by the Bureau of the Budget'. Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 823), substituted 'whether or not the automatic data processing equipment will be provided by the Administrator or whether or not the authority to lease, purchase, or maintain the equipment will be delegated' for 'specifically affecting them or the automatic data processing equipment or components used by them' and 'If the Administrator denies an agency procurement request such denial shall be subject to review and decision by the Director of the Office of Management and Budget, unless the President otherwise directs. Such review and decision shall be made only on the basis of a written appeal, and such written appeal, together with any written communications to the Administrator or any officer or employee of the Office of Management and Budget concerning such denial shall be made available to the public' for 'In the absence of mutual agreement between the Administrator and the agency or user concerned, such proposed determinations shall be subject to review and decision by the Office of Management and Budget unless the President otherwise directs'. Subsec. (f). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1)(B)), redesignated subsec. (h) as (f). Former subsec. (f) redesignated (d). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 824), in par. (1) substituted 'in connection with any procurement which is subject to this section' for 'in connection with any procurement conducted under the authority of this section', 'subject to delegation' for 'conducted under delegations' and inserted provision that the authority of the board include authority to determine whether a procurement is subject to this section and authority to review regulations for consistency and providing that a proceeding, decision, or order not be subject to interlocutory appeal or review, and in par. (5)(A) inserted provision that the board may consider opinions of other Federal agencies but not be bound by such opinions. Subsecs. (g) to (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 821(b)(1)(B)), redesignated subsecs. (g) to (i) as (e) to (g), respectively. 1985 - Subsec. (h)(3)(A). Pub. L. 99-145, Sec. 1304(c)(1), substituted 'board' for 'Board'. Subsec. (i). Pub. L. 99-145, Sec. 961(c), added subsec. (i). 1984 - Subsec. (h). Pub. L. 98-369 added subsec. (h). EFFECTIVE DATE OF 1986 AMENDMENT Amendment by section 101(m) (title VIII, Sec. 821(b)(1)) of Pub. L. 99-500 and Pub. L. 99-591 effective Jan. 1, 1987, and amendment by section 101(m) (title VIII, Sec. 822-825) of Pub. L. 99-500 and Pub. L. 99-591 effective Oct. 18, 1986, see section 101(m) (title VIII, Sec. 833) of Pub. L. 99-500 and Pub. L. 99-591, set out as a note under section 757 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by section 961(c) of Pub. L. 99-145 effective as if included in enactment of Competition in Contracting Act of 1984, Pub. L. 98-369, div. B, title VII, see section 961(e) of Pub. L. 99-145, set out as a note under section 2304 of Title 10, Armed Forces. EFFECTIVE AND TERMINATION DATE OF 1984 AMENDMENT Pub. L. 98-369, div. B, title VII, Sec. 2713(b), July 18, 1984, 98 Stat. 1184, which provided that amendment of this section by section 2713 of Pub. L. 98-369 would cease to be effective on Jan. 15, 1988, was repealed by Pub. L. 99-500, Sec. 101(m) (title VIII, Sec. 831), Oct. 18, 1986, 100 Stat. 1783-308, 1783-344, and Pub. L. 99-591, Sec. 101(m) (title VIII, Sec. 831), Oct. 30, 1986, 100 Stat. 3341-308, 3341-344. Amendment by Pub. L. 98-369 applicable with respect to any protest filed after Jan. 14, 1985, see section 2751(b) of Pub. L. 98-369, set out as a note under section 251 of Title 41, Public Contracts. -TRANS- DELEGATION OF FUNCTIONS Functions, authority, and responsibility of Director of Office of Management and Budget under this section delegated to Administrator for Office of Information and Regulatory Affairs in Office of Management and Budget pursuant to Pub. L. 96-511, Sec. 3(b), Dec. 11, 1980, 94 Stat. 2825, set out as a note under section 3503 of Title 44, Public Printing and Documents. Functions of Office of Management and Budget approving standards on behalf of President pursuant to subsec. (f)(2) of this section transferred to Secretary of Commerce, see section 2 of Ex. Ord. No. 11717, May 9, 1973, 38 F.R. 12315, set out as a note under section 501 of Title 31, Money and Finance. -CROSS- DEFINITIONS The definitions in section 472 of this title apply to this chapter. -MISC7- COMPUTER SECURITY Sections 1, 2, 5-8 of Pub. L. 100-235 provided that: 'SECTION 1. SHORT TITLE. 'This Act (enacting sections 278g-3 and 278g-4 of Title 15, Commerce and Trade, amending section 759 of this title and section 272 of Title 15, and enacting provisions set out as a note under section 271 of Title 15) may be cited as the 'Computer Security Act of 1987'. 'SEC. 2. PURPOSE. '(a) In General. - The Congress declares that improving the security and privacy of sensitive information in Federal computer systems is in the public interest, and hereby creates a means for establishing minimum acceptable security practices for such systems, without limiting the scope of security measures already planned or in use. '(b) Specific Purposes. - The purposes of this Act are - '(1) by amending the Act of March 3, 1901 (15 U.S.C. 271 et seq.), to assign to the National Bureau of Standards responsibility for developing standards and guidelines for Federal computer systems, including responsibility for developing standards and guidelines needed to assure the cost-effective security and privacy of sensitive information in Federal computer systems, drawing on the technical advice and assistance (including work products) of the National Security Agency, where appropriate; '(2) to provide for promulgation of such standards and guidelines by amending section 111(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(d)); '(3) to require establishment of security plans by all operators of Federal computer systems that contain sensitive information; and '(4) to require mandatory periodic training for all persons involved in management, use, or operation of Federal computer systems that contain sensitive information. 'SEC. 5. FEDERAL COMPUTER SYSTEM SECURITY TRAINING. '(a) In General. - Each Federal agency shall provide for the mandatory periodic training in computer security awareness and accepted computer security practice of all employees who are involved with the management, use, or operation of each Federal computer system within or under the supervision of that agency. Such training shall be - '(1) provided in accordance with the guidelines developed pursuant to section 20(a)(5) of the National Bureau of Standards Act (as added by section 3 of this Act) (15 U.S.C. 278g-3(a)(5)), and in accordance with the regulations issued under subsection (c) of this section for Federal civilian employees; or '(2) provided by an alternative training program approved by the head of that agency on the basis of a determination that the alternative training program is at least as effective in accomplishing the objectives of such guidelines and regulations. '(b) Training Objectives. - Training under this section shall be started within 60 days after the issuance of the regulations described in subsection (c). Such training shall be designed - '(1) to enhance employees' awareness of the threats to and vulnerability of computer systems; and '(2) to encourage the use of improved computer security practices. '(c) Regulations. - Within six months after the date of the enactment of this Act (Jan. 8, 1988), the Director of the Office of Personnel Management shall issue regulations prescribing the procedures and scope of the training to be provided Federal civilian employees under subsection (a) and the manner in which such training is to be carried out. 'SEC. 6. ADDITIONAL RESPONSIBILITIES FOR COMPUTER SYSTEMS SECURITY AND PRIVACY. '(a) Identification of Systems That Contain Sensitive Information. - Within 6 months after the date of enactment of this Act (Jan. 8, 1988), each Federal agency shall identify each Federal computer system, and system under development, which is within or under the supervision of that agency and which contains sensitive information. '(b) Security Plan. - Within one year after the date of enactment of this Act (Jan. 8, 1988), each such agency shall, consistent with the standards, guidelines, policies, and regulations prescribed pursuant to section 111(d) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759(d)), establish a plan for the security and privacy of each Federal computer system identified by that agency pursuant to subsection (a) that is commensurate with the risk and magnitude of the harm resulting from the loss, misuse, or unauthorized access to or modification of the information contained in such system. Copies of each such plan shall be transmitted to the National Bureau of Standards and the National Security Agency for advice and comment. A summary of such plan shall be included in the agency's five-year plan required by section 3505 of title 44, United States Code. Such plan shall be subject to disapproval by the Director of the Office of Management and Budget. Such plan shall be revised annually as necessary. 'SEC. 7. DEFINITIONS. 'As used in this Act, the terms 'computer system', 'Federal computer system', 'operator of a Federal computer system', 'sensitive information', and 'Federal agency' have the meanings given in section 20(d) of the National Bureau of Standards Act (as added by section 3 of this Act) (15 U.S.C. 278g-3(d)). 'SEC. 8. RULES OF CONSTRUCTION OF ACT. 'Nothing in this Act, or in any amendment made by this Act, shall be construed - '(1) to constitute authority to withhold information sought pursuant to section 552 of title 5, United States Code; or '(2) to authorize any Federal agency to limit, restrict, regulate, or control the collection, maintenance, disclosure, use, transfer, or sale of any information (regardless of the medium in which the information may be maintained) that is - '(A) privately-owned information; '(B) disclosable under section 552 of title 5, United States Code, or other law requiring or authorizing the public disclosure of information; or '(C) public domain information.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 757 of this title; title 10 sections 2306, 2315; title 15 section 278g-3; title 28 section 612; title 31 sections 1558, 3552; title 44 sections 3502, 3504, 3505, 3506, 3518; title 49 App. section 1344; title 50 section 403c. ------DocID 44402 Document 648 of 816------ -CITE- 40 USC Sec. 760 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 760. Federal information centers -STATUTE- (a) Establishment The Administrator is authorized to 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. (b) Rules and regulations The Administrator is authorized to prescribe such rules and regulations as may be necessary to the functioning of the Federal information centers. (c) Authorization of appropriations There is hereby authorized to be appropriated $7,000,000 for the fiscal year ending September 30, 1980, and such sums as may be necessary for each succeeding fiscal year for carrying out the purposes of this section. -SOURCE- (June 30, 1949, ch. 288, title I, Sec. 112, as added Oct. 20, 1978, Pub. L. 95-491, Sec. 2(a), 92 Stat. 1641.) -MISC1- SHORT TITLE OF 1978 AMENDMENT Pub. L. 95-491, Sec. 1, Oct. 20, 1978, 92 Stat. 1641, provided: 'That this Act (enacting this section) may be cited as the 'Federal Information Centers Act'.' ------DocID 44403 Document 649 of 816------ -CITE- 40 USC Sec. 761 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 761. Consumer Information Center Fund, General Services Administration -STATUTE- Notwithstanding any other provision of law, there is hereby established in the Treasury of the United States a Consumer Information Center Fund, General Services Administration, for the purpose of disseminating Federal Government consumer information to the public and for other related purposes. There shall be deposited into the fund for fiscal year 1983 and subsequent fiscal years: (A) Appropriations from the general funds of the Treasury for Consumer Information Center activities; (B) User fees from the public; (C) Reimbursements from other Federal agencies for costs of distributing publications; and (D) Any other income incident to Consumer Information Center activities. Moneys deposited into the fund shall be available for expenditure for Consumer Information Center activities in such amounts as are specified in appropriation Acts. Any unobligated balances at the end of the fiscal year shall remain in the fund and shall be available for authorization in appropriation Acts for subsequent fiscal years. This fund shall assume all the liabilities, obligations, and commitments of the said Consumer Information Center account. The revenues and collections deposited into the fund shall be available for necessary expenses of Consumer Information Center activities in the amount of $5,415,000 during fiscal year 1983. Administrative expenses of the Consumer Information Center in fiscal year 1983 shall not exceed $1,382,000. For the purposes of the fund, administrative expenses shall be defined as those expenses previously paid from appropriations to the Consumer Information Center. Revenues and collections accruing to this fund during fiscal year 1983 in excess of $6,797,000 shall remain in the fund and shall not be available for expenditure except as authorized in appropriation Acts. -SOURCE- (Pub. L. 98-63, title I, Sec. 101, July 30, 1983, 97 Stat. 321.) -COD- CODIFICATION Section was enacted as part of the Supplemental Appropriations Act, 1983, and not as part of the Federal Property and Administrative Services Act of 1949 a part of which comprises this chapter. ------DocID 44404 Document 650 of 816------ -CITE- 40 USC Sec. 762 -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 762. Definitions -STATUTE- As used in sections 762 to 762d of this title - (1) The term 'TDD' means a Telecommunications Device for the Deaf, a machine which employs graphic communications in the transmission of coded signals through the nationwide telecommunications system. (2) The term 'Federal agency' has the meaning given such term by section 472(b) of this title. -SOURCE- (Pub. L. 100-542, Sec. 2, Oct. 28, 1988, 102 Stat. 2721.) -MISC1- SHORT TITLE Section 1 of Pub. L. 100-542 provided that: 'This Act (enacting this section and sections 762a to 762d of this title) may be cited as the 'Telecommunications Accessibility Enhancement Act of 1988'.' ------DocID 44405 Document 651 of 816------ -CITE- 40 USC Sec. 762a -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 762a. Federal telecommunications system requirements -STATUTE- (a) Accessibility of telecommunications systems The Administrator of General Services, after consultation with the Architectural and Transportation Barriers Compliance Board, the Interagency Committee on Computer Support of Handicapped Employees, the Federal Communications Commission, and affected Federal agencies, shall, by regulation, take such actions in accordance with this section as may be necessary to assure that the Federal telecommunications system is fully accessible to hearing-impaired and speech-impaired individuals, including Federal employees, for communications with and within Federal agencies. (b) Specific requirement In carrying out subsection (a) of this section, the Administrator shall - (1) provide for the continuation of the existing Federal relay system for users of TDD's; (2) within 90 days after October 28, 1988, expand such relay system by employing at least one additional operator; (3) within 180 days after October 28, 1988 - (A) conduct, as part of the rulemaking proceeding required by subsection (a) of this section, an analysis of modifications to the Federal telecommunications system that the Administrator, in his discretion, determines to be necessary to achieve the objectives of subsection (a) of this section; and (B) submit a report on the results of such analysis to each House of the Congress; (4) within 180 days after completion of such analysis, prescribe the regulations required by subsection (a) of this section; (5) assemble, publish, and maintain a directory of TDD and other devices used by Federal agencies to comply with such regulations, and publish, in Federal agency directories, access numbers of TDD's and such other devices; and (6) after consultation with the Architectural and Transportation Barriers Compliance Board, adopt the design of a standard logo to signify the presence of a TDD or other device used by a Federal agency to comply with such regulations. (c) Congressional oversight The Administrator shall not prescribe the regulation required by subsection (a) of this section before the end of the 90-day period beginning on the date the Administrator submits the report required by subsection (b)(3)(B) of this section. -SOURCE- (Pub. L. 100-542, Sec. 3, Oct. 28, 1988, 102 Stat. 2721.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 762, 762b of this title. ------DocID 44406 Document 652 of 816------ -CITE- 40 USC Sec. 762b -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 762b. Additional requirements -STATUTE- (a) Support for research The Administrator shall, in consultation with the Federal Communications Commission, seek to promote research by Federal agencies, State agencies, and private entities to reduce the cost and improve the capabilities of telecommunications devices and systems that provide accessibility to hearing-impaired and speech-impaired individuals. (b) Planning to assimilate technological developments The Administrator, in planning future alterations to and modifications of the Federal telecommunications system, shall take into account results of the analysis required by section 762a(b)(3) of this title and any technological improvements in telecommunications devices and systems that provide accessibility to hearing-impaired and speech-impaired individuals. -SOURCE- (Pub. L. 100-542, Sec. 4, Oct. 28, 1988, 102 Stat. 2722.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 762 of this title. ------DocID 44407 Document 653 of 816------ -CITE- 40 USC Sec. 762c -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 762c. Inquiry regarding interstate TDD relay system -STATUTE- The Federal Communications Commission shall, within 9 months after October 28, 1988, complete its existing inquiry regarding an interstate relay system for users of TDD's. -SOURCE- (Pub. L. 100-542, Sec. 5, Oct. 28, 1988, 102 Stat. 2722.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 762 of this title. ------DocID 44408 Document 654 of 816------ -CITE- 40 USC Sec. 762d -EXPCITE- TITLE 40 CHAPTER 16 -HEAD- Sec. 762d. TDD installation by Congress -STATUTE- As soon as practicable, each House of the Congress shall establish a policy under which Members of the House of Representatives and the Senate, as the case may be, may obtain TDD's for use in communicating with hearing-impaired and speech-impaired individuals, and for the use of hearing-impaired and speech-impaired employees. -SOURCE- (Pub. L. 100-542, Sec. 6, Oct. 28, 1988, 102 Stat. 2722.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 762 of this title. ------DocID 44409 Document 655 of 816------ -CITE- 40 USC CHAPTER 17 -EXPCITE- TITLE 40 CHAPTER 17 -HEAD- CHAPTER 17 - ALASKA COMMUNICATIONS DISPOSAL -MISC1- SUBCHAPTER I - GENERAL PROVISIONS Sec. 771. Definitions. SUBCHAPTER II - TRANSFER OF GOVERNMENT-OWNED LONG-LINES COMMUNICATION FACILITIES IN AND TO ALASKA 781. Matters relative to transfer. (1) Authorization, Executive approval, adequate consideration, scope of transfer, qualification of transferee, necessary or appropriate actions and powers. (2) Procedures and methods. (3) Applicability of antitrust provisions. (4) Documents of title or other property interests; mineral rights exception; other necessary or proper action; copy of instrument to Secretary of the Interior. (5) Consent of Secretary concerned. (6) Solicitation of offers to purchase. 782. National defense considerations; public interest; qualification of transferee; disqualification of aliens. 783. Agreements for transfer; services without interruption, change of rates and charges, and finality of transfer. 784. Approval of Federal Communications Commission. 785. Gross proceeds as miscellaneous receipts in the Treasury. 786. Reports to President and Congress. SUBCHAPTER III - MISCELLANEOUS PROVISIONS 791. Communications Act of 1934; nonmodification. 792. Authorization of appropriations. ------DocID 44410 Document 656 of 816------ -CITE- 40 USC SUBCHAPTER I -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER I -HEAD- SUBCHAPTER I - GENERAL PROVISIONS ------DocID 44411 Document 657 of 816------ -CITE- 40 USC Sec. 771 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER I -HEAD- Sec. 771. Definitions -STATUTE- In this chapter - (1) 'Transfer' means the conveyance by the United States of any element of ownership, including but not restricted to any estate or interest in property, and franchise rights, by sale, exchange, lease, easement, or permit, for cash, credit, or other property with or without warranty. (2) 'Long-lines communication facilities' means the transmission systems connecting points inside the State with each other and with points outside the State by radio or wire, and includes all kinds of property and rights-of-way necessary to accomplish this interconnection. (3) 'Agency concerned' means any department, agency, wholly owned corporation, or instrumentality of the United States. -SOURCE- (Pub. L. 90-135, title I, Sec. 101, Nov. 14, 1967, 81 Stat. 441.) -MISC1- SHORT TITLE Section 1 of Pub. L. 90-135 provided: 'That this Act (enacting this chapter) may be cited as the 'Alaska Communications Disposal Act'.' ------DocID 44412 Document 658 of 816------ -CITE- 40 USC SUBCHAPTER II -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- SUBCHAPTER II - TRANSFER OF GOVERNMENT-OWNED LONG-LINES COMMUNICATION FACILITIES IN AND TO ALASKA ------DocID 44413 Document 659 of 816------ -CITE- 40 USC Sec. 781 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 781. Matters relative to transfer -STATUTE- (1) Authorization, Executive approval, adequate consideration, scope of transfer, qualification of transferee, necessary or appropriate actions and powers Subject to the provisions of section 782 of this title, and notwithstanding provisions of any other law, the Secretary of Defense or his designee, with the advice, assistance, and, in the case of any agency not under the jurisdiction of the Secretary of Defense, the consent of the agency concerned, and after approval of the President, is authorized to and shall transfer for adequate consideration any or all long-lines communication facilities in or to Alaska under the jurisdiction of the Federal Government to any person qualifying under the provisions of section 782 of this title, and may take such action and exercise such powers as may be necessary or appropriate to effectuate the purposes of this chapter. (2) Procedures and methods Transfers under this subchapter shall be made in accordance with the procedures and methods required by section 484(e), (1), (2), and (3) of this title, except that 'the Secretary of Defense or his designee' shall be substituted for all references therein to 'the Administrator'. (3) Applicability of antitrust provisions The requirements of section 488 of this title shall apply to transfers under this subchapter. (4) Documents of title or other property interests; mineral rights exception; other necessary or proper action; copy of instrument to Secretary of the Interior The head of the agency concerned or his designee shall execute such documents for the transfer of title or other interest in property, except any mineral rights therein, and take such other action as the Secretary of Defense deems necessary or proper to transfer such property under the provisions of this subchapter. A copy of any deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or any other interest in public land shall be furnished to the Secretary of the Interior. (5) Consent of Secretary concerned No interest in public lands, withdrawn or otherwise appropriated, may be transferred under this subchapter, without the prior consent of the Secretary of the Interior, or, with respect to lands within a national forest, of the Secretary of Agriculture. (6) Solicitation of offers to purchase In connection with soliciting offers to purchase such long-lines facilities of the Alaska Communication System the Secretary of Defense or his designee shall: (a) Provide any prospective purchaser who requests it data on (i) the facilities available for purchase, (ii) the amounts deemed to be the current fair and reasonable value of those facilities, and (iii) the initial rates which will be charged to the purchaser for capacity in facilities retained by the Government and available for commercial use; (b) Provide, in the request for offers to purchase, that offerors must specify the rates they propose to charge for service and the improvements in service which they propose to initiate; (c) Provide an opportunity for prospective purchasers to meet as a group with Department of Defense representatives to assure that the data and the public interest requirements described in (a) and (b), above, are fully understood; and (d) Seek the advice and assistance of the Federal Communications Commission, the Federal Field Committee for Development Planning in Alaska, and the Governor of Alaska or his designees, to assure consideration of all public interest factors associated with the transfer. -SOURCE- (Pub. L. 90-135, title II, Sec. 201, Nov. 14, 1967, 81 Stat. 442.) -TRANS- ABOLITION OF FEDERAL FIELD COMMITTEE FOR DEVELOPMENT PLANNING IN ALASKA For termination of Federal Field Committee for Development Planning in Alaska, see Ex. Ord. No. 11608, set out as a note under section 3121 of Title 42, The Public Health and Welfare. ------DocID 44414 Document 660 of 816------ -CITE- 40 USC Sec. 782 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 782. National defense considerations; public interest; qualification of transferee; disqualification of aliens -STATUTE- No transfer under this subchapter may be made unless the Secretary of Defense or his designees determines that - (1) the United States 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, without interruption, the communication service involved in the transfer; and (4) the long-lines communication facilities will not directly or indirectly be owned, operated, or controlled by a person who would legally be disqualified by section 310(a) of title 47, from holding a radio station license. -SOURCE- (Pub. L. 90-135, title II, Sec. 202, Nov. 14, 1967, 81 Stat. 443.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 781 of this title. ------DocID 44415 Document 661 of 816------ -CITE- 40 USC Sec. 783 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 783. Agreements for transfer; services without interruption, change of rates and charges, and finality of transfer -STATUTE- The agreements by which a transfer is made under this subchapter shall include a provision that - (1) the person to whom the transfer is made shall, subject to the rules and regulations of any body or commission established by the State of Alaska to govern and regulate communications services to the public and of the Federal Communications Commission and all applicable statutes, treaties, and conventions, provide without interruption, the communication services involved in the transfer, except those services reserved by the United States in the transfer; (2) the rates and charges for such services applicable at the time of transfer shall not be changed for a period of one year from the date of such transfer unless approved by a governmental body or commission having jurisdiction; and (3) the transfer will not be final unless and until the transferee shall receive any requisite licenses and certificates of convenience and necessity to operate interstate and intrastate commercial communications in Alaska from the appropriate governmental regulatory bodies. -SOURCE- (Pub. L. 90-135, title II, Sec. 203, Nov. 14, 1967, 81 Stat. 443.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 784 of this title. ------DocID 44416 Document 662 of 816------ -CITE- 40 USC Sec. 784 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 784. Approval of Federal Communications Commission -STATUTE- Transfers under this subchapter do not require the approval of the Federal Communications Commission except to the extent that the approval of the Federal Communications Commission is necessary under section 783(3) of this title. -SOURCE- (Pub. L. 90-135, title II, Sec. 204, Nov. 14, 1967, 81 Stat. 443.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 781 of this title. ------DocID 44417 Document 663 of 816------ -CITE- 40 USC Sec. 785 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 785. Gross proceeds as miscellaneous receipts in the Treasury -STATUTE- Notwithstanding the provisions of any other law, the gross proceeds of each transfer shall be covered into the Treasury of the United States as miscellaneous receipts. -SOURCE- (Pub. L. 90-135, title II, Sec. 205, Nov. 14, 1967, 81 Stat. 443.) ------DocID 44418 Document 664 of 816------ -CITE- 40 USC Sec. 786 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER II -HEAD- Sec. 786. Reports to President and Congress -STATUTE- The Secretary of Defense or his designee shall report to the Congress and the President - (1) in January of each year, the actions taken under this subchapter during the preceding twelve months; and (2) not later than ninety days after completion of each transfer under this subchapter a full account of that transfer. -SOURCE- (Pub. L. 90-135, title II, Sec. 206, Nov. 14, 1967, 81 Stat. 443.) ------DocID 44419 Document 665 of 816------ -CITE- 40 USC SUBCHAPTER III -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER III -HEAD- SUBCHAPTER III - MISCELLANEOUS PROVISIONS ------DocID 44420 Document 666 of 816------ -CITE- 40 USC Sec. 791 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER III -HEAD- Sec. 791. Communications Act of 1934; nonmodification -STATUTE- This chapter does not modify in any manner the provisions of the Communications Act of 1934, as amended (47 U.S.C. 151 et seq.). -SOURCE- (Pub. L. 90-135, title III, Sec. 301, Nov. 14, 1967, 81 Stat. 444.) -REFTEXT- REFERENCES IN TEXT The Communications Act of 1934, as amended, referred to in text, is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is classified principally to chapter 5 (Sec. 151 et seq.) of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. ------DocID 44421 Document 667 of 816------ -CITE- 40 USC Sec. 792 -EXPCITE- TITLE 40 CHAPTER 17 SUBCHAPTER III -HEAD- Sec. 792. Authorization of appropriations -STATUTE- There are authorized to be appropriated to the Secretary of Defense such sums as may be necessary to carry out the provisions of this chapter. -SOURCE- (Pub. L. 90-135, title III, Sec. 302, Nov. 14, 1967, 81 Stat. 444.) ------DocID 44422 Document 668 of 816------ -CITE- 40 USC CHAPTER 17A -EXPCITE- TITLE 40 CHAPTER 17A -HEAD- CHAPTER 17A - ALASKA FEDERAL-CIVILIAN ENERGY EFFICIENCY SWAP -MISC1- Sec. 795. Definitions. 795a. Sale of electric energy; contracting authority; required determinations; pricing policies. 795b. Purchase of electric power; authority; applicable criteria. 795c. Implementation powers and limitations. (a) Accommodation of needs of non-Federal person for electric energy. (b) Availability of revenues from sales. (c) Exercise of authorities. (d) Negotiation and execution of contracts and other agreements. 795d. Reports. ------DocID 44423 Document 669 of 816------ -CITE- 40 USC Sec. 795 -EXPCITE- TITLE 40 CHAPTER 17A -HEAD- Sec. 795. Definitions -STATUTE- As used in this chapter - (1) The term 'non-Federal electric energy' means electric energy generated by any facility other than a federally owned electric generating facility. (2) The term 'agency' means the head of any department, agency, or instrumentality of the United States. (3) The term 'federally generated electric energy' means any electric power generated by an electric generating facility owned and operated by an agency. (4) The term 'non-Federal person' means any corporation, cooperative, municipality, or other non-Federal entity which generates non-Federal electric energy. -SOURCE- (Pub. L. 96-571, Sec. 2, Dec. 22, 1980, 94 Stat. 3341.) -MISC1- SHORT TITLE Section 1 of Pub. L. 96-571 provided that: 'This Act (enacting this chapter) shall be referred to as the 'Alaska Federal-Civilian Energy Efficiency Swap Act of 1980'.' ------DocID 44424 Document 670 of 816------ -CITE- 40 USC Sec. 795a -EXPCITE- TITLE 40 CHAPTER 17A -HEAD- Sec. 795a. Sale of electric energy; contracting authority; required determinations; pricing policies -STATUTE- (a) For the purposes of conserving oil and natural gas and better utilizing coal, any agency is authorized to sell to any non-Federal person, and to enter into contracts for the sale to any non-Federal person of, electric energy generated by coal-fired electric generating facilities of such agency in Alaska without regard to any provision of law which precludes such sale where such energy is available from other local sources, if the agency determines that - (1) such energy is generated by an existing coal-fired generating facility; (2) such energy is surplus to such agency's needs and is in excess of the electric energy specifically generated for consumption by, or necessary to serve the requirements of, any department, agency, or instrumentality of the United States; (3) the costs to the ultimate consumers of such energy is less than the costs which, in the absence of such sale, would be incurred by such consumers for the purchase of an equivalent amount of energy; and (4) such sale will result in a reduction in the total consumption of oil or natural gas by the non-Federal person purchasing such electric energy below that consumption which would occur in the absence of such sale. (b) Federally generated electric energy sold by an agency as provided in subsection (a) of this section shall be priced to recover the fuel costs and variable operation and maintenance costs of the Federal generating facility concerned which costs are attributable to such sale, plus an amount equal to one-half the difference between - (1) the costs of producing the electric energy by coal generation, and (2) the costs of producing electric energy by the oil or gas generation being displaced. -SOURCE- (Pub. L. 96-571, Sec. 3, Dec. 22, 1980, 94 Stat. 3341.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 795c, 795d of this title. ------DocID 44425 Document 671 of 816------ -CITE- 40 USC Sec. 795b -EXPCITE- TITLE 40 CHAPTER 17A -HEAD- Sec. 795b. Purchase of electric power; authority; applicable criteria -STATUTE- For purposes of economy and efficiency and conserving oil and natural gas, whenever practicable and consistent with other laws applicable to any agency and whenever consistent with the requirements applicable to any agency, such agency shall endeavor to purchase electric power from any non-Federal person for consumption in Alaska by any facility of such agency where such purchase - (1) will result in a savings to other consumers of electric energy sold by such non-Federal person without increasing the cost incurred by any agency for electric energy, or (2) will result in a cost savings to such agency of electric energy without increasing costs to other consumers of electric energy, taking into account the remaining useful life of any facility available to such agency to generate electric energy for such agency and the cost of maintaining such facility on a standby basis. -SOURCE- (Pub. L. 96-571, Sec. 4, Dec. 22, 1980, 94 Stat. 3342.) ------DocID 44426 Document 672 of 816------ -CITE- 40 USC Sec. 795c -EXPCITE- TITLE 40 CHAPTER 17A -HEAD- Sec. 795c. Implementation powers and limitations -STATUTE- (a) Accommodation of needs of non-Federal person for electric energy Nothing in this chapter shall be construed as requiring or authorizing any department, agency, or instrumentality of the United States to construct any new electric generating facility or related facility, to modify any existing facility, or to employ reserve or standby equipment in order to accommodate the needs of any non-Federal person for electric energy. (b) Availability of revenues from sales Revenues received by any agency pursuant to section 795a of this title from the sale of electric energy generated from any facility of such agency shall be available to the agency without fiscal year limitation for the purchase of fuel and for operation, maintenance, and other costs associated with such facility. (c) Exercise of authorities The authorities of this chapter shall be exercised for such periods and pursuant to such terms and conditions as the agency concerned deems necessary consistent with the provisions of this chapter and consistent with its responsibilities under other provisions of law. (d) Negotiation and execution of contracts and other agreements All contracts or other agreements executed under this chapter, notwithstanding any other provision of law, shall be negotiated and executed by the agency selling or purchasing electric energy under this chapter. -SOURCE- (Pub. L. 96-571, Sec. 5, Dec. 22, 1980, 94 Stat. 3342.) ------DocID 44427 Document 673 of 816------ -CITE- 40 USC Sec. 795d -EXPCITE- TITLE 40 CHAPTER 17A -HEAD- Sec. 795d. Reports -STATUTE- (a) The Secretary of Energy shall biennially report to the Senate Committee on Energy and Natural Resources and the Committee on Energy and Commerce and the Committee on Interior and Insular Affairs of the House of Representatives on the actions taken pursuant to this chapter by any agency. The report shall include an analysis of the costs of electric energy purchased or sold as provided in this chapter, the revenues and profits generated from such sales, and the oil and natural gas conserved as a result of any such purchases and sales. Such agencies shall cooperate with the Secretary of Energy in providing information for the purpose of such report. (b) The Secretary of Energy shall conduct a study to determine whether and to what extent the provisions of section 795a of this title should be extended to apply to electric power generated by coal-fired Federal electric generating facilities located in the United States outside of Alaska. The study shall identify such facilities, their capacity and purpose and other pertinent information. The Secretary shall provide by October 1, 1981, a report of such study, together with appropriate recommendations for legislation, to the Committee on Energy and Commerce and the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. -SOURCE- (Pub. L. 96-571, Sec. 6, Dec. 22, 1980, 94 Stat. 3342; Mar. 25, 1980, H. Res. 549.) -CHANGE- CHANGE OF NAME Committee on Interstate and Foreign Commerce of the House of Representatives changed to Committee on Energy and Commerce immediately prior to noon on Jan. 3, 1981, by House Resolution 549, Ninety-sixth Congress, Mar. 25, 1980. ------DocID 44428 Document 674 of 816------ -CITE- 40 USC CHAPTER 18 -EXPCITE- TITLE 40 CHAPTER 18 -HEAD- CHAPTER 18 - NATIONAL VISITOR CENTER FACILITIES; UNION STATION REDEVELOPMENT; CAPITOL GUIDE SERVICE -MISC1- SUBCHAPTER I - UNION STATION PART A - NATIONAL VISITOR CENTER Sec. 801. National Visitor Center; designation; parking facility; authorization of agreements and leases for use of Union Station. 802. Terms and conditions of agreements and leases. (a) General provisions. (b) Other terms and conditions. (c) Supplemental alterations and construction; competitive bidding or negotiated contract; Federal title; purchase option; limitation of fund. 803. Administration. 804. Interpretive transportation services; Federal areas. 805. Continuing study of needs of visitors to Washington metropolitan area; facility recommendations; annual report. 806. Repeals. 807. Authorization of appropriations. 808. Labor standards. 809. Steam for Union Station-National Visitor Center complex; contract; costs. PART B - UNION STATION REDEVELOPMENT 811. Assignment of right, title, and interest in the Union Station complex to the Secretary of Transportation. (a) Reservation of certain rights by the Secretary; definition. (b) Installation of new roofs and drainage systems. (c) Permission to the Secretary of Transportation to carry out certain activities. (d) Secretary to be relieved of certain obligations upon assignment and roof installation. 812. Rehabilitation and redevelopment of the Union Station complex; goals. 813. Authorization of appropriations. 814. Studies to determine feasibility of rehabilitation and improvements; implementation of recommendations. (a) Engineering survey. (b) Planning and market feasibility studies to assess commercial development potential. (c) Time for completion of studies. (d) Availability of appropriated funds. (e) Reports to Congress; commitment of Federal funds. 815. Development agreements. (a) Agreements with developers. (b) Selection of developers. (c) Modification or waiver of application of regulations. (d) Other agreements and contracts; assignment. 816. Acquisition and maintenance of property. 817. Union Station Fund; establishment; administration; authority of the Secretary to use income received toward expenses. 818. Parking facility; completion with interstate highway funds; limitation on apportionment of funds excepted; agreement with District of Columbia for the administration of the project. 819. Waiver or release of obligations under other provisions. (a) Release of Washington Terminal Company from its obligation to construct a new railroad passenger station. (b) Waiver of statutory and contractual restrictions on the use of the parking facility. (c) Use of funds appropriated under other provisions without matching funds requirement. (d) Architect of Capitol authorized to supply steam or chilled water to the Union Station complex. SUBCHAPTER II - ADVISORY COMMISSION 821. National Visitor Facilities Advisory Commission; establishment; functions. 822. Composition of Commission. (a) Tenure; Chairman. (b) Compensation and travel expenses. (c) Staff and facilities. 823. Reports and recommendations. SUBCHAPTER III - CAPITOL VISITOR CENTER 831. Capitol educational and informational center and information and distribution stations; operation agreements. SUBCHAPTER IV - CAPITOL GUIDE SERVICE 851. Capitol Guide Service. (a) Establishment; designation; supervision of Capitol Guide Board; membership of Board. (b) Guided tours; regulations. (c) Duties of Capitol Guide Board; positions of Guide in Capitol Guide Service; establishment and revision; Chief; Deputy Chief, and Assistant Chief Guide and Guides: appointment, duties, pay, and termination of employment. (d) Uniforms. (e) Acceptance of fees; prohibition. (f) Personnel detail. (g) Historical and educational information. (h) Regulations for operation of Service. (i) Disciplinary action. (j) Expenses; payment from contingent fund until availability of appropriations. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 49 App. section 1653. ------DocID 44429 Document 675 of 816------ -CITE- 40 USC SUBCHAPTER I -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I -HEAD- SUBCHAPTER I - UNION STATION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 821 of this title. ------DocID 44430 Document 676 of 816------ -CITE- 40 USC Part A -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Part A - National Visitor Center -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in sections 811, 813, 819 of this title. ------DocID 44431 Document 677 of 816------ -CITE- 40 USC Sec. 801 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 801. National Visitor Center; designation; parking facility; authorization of agreements and leases for use of Union Station -STATUTE- The Secretary of the Interior (hereafter in this chapter referred to as the 'Secretary'), in consultation with the Administrator of General Services (hereafter in this chapter referred to as the 'Administrator'), is authorized to negotiate and enter into agreements and leases with The Washington Terminal Company, its successors or assigns (hereafter in this chapter referred to as the 'Company'), the owner of the property in the District of Columbia known as Union Station, for use of all or a part of such property for a national visitor center to be known as the National Visitor Center and a parking facility in connection therewith. -SOURCE- (Pub. L. 90-264, title I, Sec. 101, Mar. 12, 1968, 82 Stat. 43.) -MISC1- SHORT TITLE OF 1981 AMENDMENT Pub. L. 97-125, Sec. 1, Dec. 29, 1981, 95 Stat. 1667, provided: 'That this Act (enacting part B (Sec. 811 et seq.) of this subchapter, amending section 802 of this title, and enacting provisions set out as notes under section 811 of this title and section 582 of Title 45, Railroads) may be cited as the 'Union Station Redevelopment Act of 1981'.' SHORT TITLE OF 1980 AMENDMENT Pub. L. 96-610, Sec. 1, Dec. 28, 1980, 94 Stat. 3564, provided: 'That this Act (enacting section 809 of this title and provisions set out as a note under section 802 of this title) may be cited as the 'National Visitor Center Emergency Repair Act of 1980'.' SHORT TITLE Section 1 of Pub. L. 90-264 provided: 'That this Act (enacting this chapter and provisions set out as a note under section 804 of this title) may be cited as the 'National Visitor Center Facilities Act of 1968'.' CAPITOL GROUNDS; ERECTION OF FLAGPOLES AND IMPROVEMENT OF TRAFFIC Pub. L. 94-320, June 25, 1976, 90 Stat. 711, provided: 'That, subject to the approval of the Architect of the Capitol and to such conditions as he may prescribe, the Secretary of the Interior is authorized to make such use of that portion of the United States Capitol Grounds adjacent or 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 as may be necessary to enable the Secretary of the Interior to erect and maintain flagpoles to fly the flags of each of the States of the United States and its territories and possessions, generally as shown on NCPC Map File Numbered 1.11 (38.00)-27861. 'Sec. 2. (a) Notwithstanding any other provision of law, the Architect of the Capitol is authorized, subject to the provisions of this Act and to such conditions as the Architect of the Capitol may prescribe, to enter into an agreement with the appropriate officials of the government of the District of Columbia pursuant to which the Architect of the Capitol is authorized to permit the government of the District of Columbia to utilize certain areas of the United States Capitol Grounds for the purpose of making certain street changes in order to coordinate and improve the flow of traffic to and from the United States Capitol Grounds and the National Visitor Center (formerly Union Station), and the flow of traffic within Union Station Plaza. '(b) Pursuant to such agreement, the Architect of the Capitol is authorized to make available to the government of the District of Columbia, for the purposes referred to in subsection (a), certain portions of the United States Capitol Grounds as follows: '(1) approximately two thousand one hundred square feet of land in Square 680, at the east end thereof, located within the United States Capitol Grounds adjacent to the Union Station Plaza, Massachusetts Avenue, and E Street Northeast, in order to enable the government of the District of Columbia to carry out the purposes referred to in subsection (a) of this section, and to change the curbline, and relocate existing sidewalks and curbs, to conform to such street change; '(2) approximately three thousand five hundred square feet of land in Square 723, at the northwest end thereof, located within the United States Capitol Grounds adjacent to the Union Station Plaza, First Street, and Massachusetts Avenue Northeast, in order to enable the government of the District of Columbia to carry out the purposes referred to in subsection (a) of this section, and to change the curbline, and relocate existing sidewalks and curbs, to conform to such street change; and '(3) approximately four hundred square feet of land in Square 721, at the southwest end thereof, located within the United States Capitol Grounds adjacent to the Union Station Plaza and Massachusetts Avenue Northeast, in order to enable the government of the District of Columbia to carry out the purposes referred to in subsection (a) of this section, and to change the curbline, and relocate existing sidewalks and curbs, to conform to such street change. 'Sec. 3. Nothing in this Act shall be construed to grant to the Secretary of the Interior or to the government of the District of Columbia any right, title, or interest in or to any part of the United States Capitol Grounds and such area affected by this Act or any agreement pursuant thereto shall continue to be a part of the United States Capitol Grounds. All areas of the United States Capitol Grounds, including sidewalks, lawns and other growth, streets, and curblines, disturbed by reason of operations pursuant to this Act shall be promptly relocated or restored by the Secretary of the Interior or the government of the District of Columbia, as the case may be, in a manner approved by, and satisfactory to the Architect of the Capitol. 'Sec. 4. The Congress shall not incur any expense, liability, obligation, or other responsibility (operational or otherwise), under or by reason of this Act, or any agreement pursuant to this Act, or be liable under any claim of any nature or kind that may arise from either the construction, operation, or maintenance of the flagpoles authorized by this Act, or from carrying out any agreement pursuant to this Act.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 802 of this title. ------DocID 44432 Document 678 of 816------ -CITE- 40 USC Sec. 802 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 802. Terms and conditions of agreements and leases -STATUTE- (a) General provisions The agreements and leases authorized by section 801 of this title shall be subject to the following terms and conditions: (1) Alterations the Company shall agree to make such alterations of the Union Station Building as the Secretary determines necessary to provide adequate facilities for visitors, which facilities, including the parking facility under paragraph (3), shall be representative of the highest standards of excellence of design and function; (2) Commencement; term the lease of the Union Station Building shall commence on a date to be mutually agreed upon and shall not be for a term of more than twenty-five years; (3) Parking facilities; term the Company, in consultation with the Secretary, shall construct all or part of a parking facility, including necessary approaches and ramps for adequate circulation, to accommodate automobiles, charter buses, and other transportation, as appropriate, in the airspace northerly of and adjacent to the existing Union Station Building, and such structure shall be leased to the United States for a term not to exceed twenty-five years commencing upon a date to be mutually agreed upon; (4) New railroad passenger station the Company shall, and it is hereby authorized to construct a new railroad passenger station in the area beneath or adjacent to the parking facility referred to in paragraph (3); (5) Purchase option; amount; fair market value; notice, terms and conditions, and credit of rentals paid the United States shall have the option to purchase all of the property leased under this subchapter for an amount not in excess of the fair market value of such property any time after the first year of the lease on one year's written notice and on such terms and conditions including credit toward such purchase price of any portions of rentals paid by the United States as may be mutually agreed upon; (6) Rentals; fair rental value rentals paid by the United States shall not exceed the fair rental value of the property as mutually determined by the Secretary, the Administrator, and the Lessor; (7) Limitation on annual cost of leases the aggregate annual cost to the United States of all leases entered into under this subchapter shall not exceed $3,500,000; (8) Limitation on alteration and parking facility construction costs the total cost of all alterations referred to in paragraph (1) and all construction referred to in paragraph (3) shall not exceed $16,000,000, except that total cost of such alterations shall not exceed $5,000,000. (b) Other terms and conditions In addition to the terms and conditions set forth in subsection (a) of this section, agreements and leases entered into under authority of this part shall include such other terms and conditions as the Secretary and the Administrator jointly shall prescribe. (c) Supplemental alterations and construction; competitive bidding or negotiated contract; Federal title; purchase option; limitation of fund In addition to the alterations and construction by the company pursuant to subsection (a) of this section, the Secretary is authorized to undertake, directly by competitive bidding or, if he deems it to be in the best interest of the United States, by negotiated contract with the company, its successors, agents, and assigns, such alterations and construction, with regard to the Union Station Building and the adjacent parking facility, as he deems necessary to supplement the activities of the company in providing adequate facilities for visitors under the agreements and leases referred to in subsection (a) of this section. The Secretary may exercise the authority under this subsection without regard to whether or not title to the Union Station Building or the airspace adjacent thereto is in the United States: Provided, That he shall have entered into an agreement for a lease (but such lease need not have commenced) with the company incorporating the provisions of paragraph (5) of subsection (a) of this section prior to the exercise of the authority under this subsection: And provided further, That not to exceed $21,580,000 of the funds authorized to be appropriated in section 807 of this title shall be available for the Secretary to carry out the provisions of this subsection. -SOURCE- (Pub. L. 90-264, title I, Sec. 102, Mar. 12, 1968, 82 Stat. 43; Pub. L. 93-62, Sec. 1, July 6, 1973, 87 Stat. 146; Pub. L. 93-478, Sec. 1-3, Oct. 26, 1974, 88 Stat. 1449; Pub. L. 97-125, Sec. 4(b), Dec. 29, 1981, 95 Stat. 1673.) -MISC1- AMENDMENTS 1981 - Subsec. (b). Pub. L. 97-125 substituted 'this part' for 'this subchapter'. 1974 - Subsec. (a)(2). Pub. L. 93-478, Sec. 1, substituted 'mutually agreed upon' for 'mutually agreed upon contingent upon when such facilities are available for public use,'. Subsec. (a)(3). Pub. L. 93-478, Sec. 2, substituted 'shall construct all or part of a parking facility, including necessary approaches and ramps for adequate circulation, to accommodate automobiles, charter buses, and other transportation, as appropriate, in the airspace northerly of and adjacent to the existing Union Station Building, and such structure shall be leased to the United States for a term not to exceed twenty-five years commencing upon a date to be mutually agreed upon' for 'shall construct a parking facility, including necessary approaches and ramps, to accommodate as nearly as possible four thousand motor vehicles in the air space northerly of and adjacent to the existing Union Station Building, and such facility shall, upon completion, be leased to the United States for a term not to exceed twenty-five years'. Subsec. (c). Pub. L. 93-478, Sec. 3, substituted '$21,580,000' for '$8,680,000'. 1973 - Subsec. (c). Pub. L. 93-62 added subsec. (c). NATIONAL VISITOR CENTER EMERGENCY REPAIRS; AUTHORIZATION OF APPROPRIATIONS; CONSULTATION; LEGAL LIABILITY FOR REPAIRS; CIVIL ACTION; EXISTING LEASE UNAFFECTED Pub. L. 96-610, Sec. 2, 3, Dec. 28, 1980, 94 Stat. 3564, provided that: 'Sec. 2. (a) There is hereby authorized to be appropriated to the Secretary of the Interior for the fiscal year ending September 30, 1981, the sum of $11,000,000 for the purpose of making emergency repairs to the primary structure and roofs of the National Visitor Center in the District of Columbia and for the purpose of providing protection of the structural elements of the unfinished parking facility and southeast ramp at such Center. Such sum shall remain available until expended. '(b) Prior to entering into any contract for the repairs or protection authorized by subsection (a) of this section, the Secretary of the Interior shall consult with the Secretary of Transportation regarding the planning for such repairs or protection. 'Sec. 3. (a) The Office of Legal Counsel of the Department of Justice shall prepare an opinion on the question of whether the United States or the Terminal Realty Baltimore Co. and the Terminal Realty Penn Co. are legally liable for the repairs anticipated by the provisions of this Act (enacting section 809 of this title and this note). If the Office of Legal Counsel determines that there is a reasonable cause to believe a party other than the United States is legally obligated to bear all or a portion of the costs of that repair authorized by this Act, the Attorney General shall institute an action to recover expenditures that were incurred by the Secretary pursuant to this Act. '(b) None of the actions taken pursuant to the provisions of this Act shall be deemed to limit or affect in any way the rights of the United States under the lease for real property between Terminal Realty Baltimore Co. and Terminal Realty Penn Co. and the United States of America, dated March 1, 1972, or any additions or modifications thereto.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 808, 813, 819 of this title; title 49 App. section 1653. ------DocID 44433 Document 679 of 816------ -CITE- 40 USC Sec. 803 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 803. Administration -STATUTE- The Secretary shall administer any property leased under this subchapter in accordance with those provisions of sections 1 and 2 to 4 of title 16, as amended and supplemented, applicable to the administration of the national park system. -SOURCE- (Pub. L. 90-264, title I, Sec. 103, Mar. 12, 1968, 82 Stat. 44.) ------DocID 44434 Document 680 of 816------ -CITE- 40 USC Sec. 804 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 804. Interpretive transportation services; Federal areas -STATUTE- The Secretary is directed to utilize the authority under sections 1 and 2 to 4 of title 16, as amended and supplemented, to provide interpretive transportation services between or in Federal areas within the District of Columbia and environs, including, but not limited to, transportation of visitors on, among, and between the Mall, the Ellipse, the National Visitor Center, John F. Kennedy Center for the Performing Arts, and East and West Potomac Park, and such other visitor facilities as may be established pursuant to this chapter, and, with the concurrence of the Architect of the Capitol, to provide such services on, among, and between such areas and the United States Capitol Grounds. The Secretary shall determine that such services are desirable to facilitate visitation and to insure proper management and protection of such areas. Such interpretive transportation services shall, notwithstanding any other provision of law to the contrary, be deemed transportation by the United States and shall be under the sole and exclusive charge and control of the Secretary. -SOURCE- (Pub. L. 90-264, title I, Sec. 105, Mar. 12, 1968, 82 Stat. 44; Pub. L. 93-62, Sec. 2, July 6, 1973, 87 Stat. 146.) -MISC1- AMENDMENTS 1973 - Pub. L. 93-62 substituted provisions for interpretive transportation services between or in Federal areas, for former provisions respecting parking facility, transfer of property for vehicular access to public roads and highways, and alteration of traffic pattern in Union Station Plaza after consultation with Architect of Capitol. REPORT TO CONGRESS Section 104 of Pub. L. 90-264 provided that the Secretary report to Congress, on or before Apr. 15, 1968, the results of the study concerning the problems of transporting visitors along the Mall, on the United States Capitol Grounds, and to and from the National Visitor Center, which report was to include types of transportation to be utilized, the operation of any transportation system, the feasibility of providing free transportation, and any proposed legislation to carry out his recommendations. ------DocID 44435 Document 681 of 816------ -CITE- 40 USC Sec. 805 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 805. Continuing study of needs of visitors to Washington metropolitan area; facility recommendations; annual report -STATUTE- (a) Notwithstanding the execution of any agreement or lease pursuant to this subchapter, the Secretary, in consultation with the National Visitor Facilities Advisory Commission established under subchapter II of this chapter, is directed (1) to make a continuing study of the needs of visitors to the Washington metropolitan area, including the necessity and desirability of different or additional visitor facilities, and of altering existing visitor facilities, and (2) to recommend that the Administrator acquire, alter, or construct such facilities. (b) The Secretary shall submit annually a report to Congress on the National Visitor Center authorized by this subchapter and on all other visitor facilities authorized in accordance with this chapter, including the amendments made by this Act. -SOURCE- (Pub. L. 90-264, title I, Sec. 106, Mar. 12, 1968, 82 Stat. 44.) -REFTEXT- REFERENCES IN TEXT Amendments made by this Act, referred to in subsec. (b), are the amendments made by section 108 of Pub. L. 90-264 to Pub. L. 89-759, Sec. 1, Nov. 5, 1966, 80 Stat. 1308, which is not classified to the Code. -MISC2- 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. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44436 Document 682 of 816------ -CITE- 40 USC Sec. 806 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 806. Repeals -STATUTE- All existing laws or parts of laws inconsistent with the provisions of this chapter are hereby repealed to the extent to which they are so inconsistent, but to no further or other extent. -SOURCE- (Pub. L. 90-264, title I, Sec. 107, Mar. 12, 1968, 82 Stat. 44.) ------DocID 44437 Document 683 of 816------ -CITE- 40 USC Sec. 807 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 807. Authorization of appropriations -STATUTE- There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this chapter. -SOURCE- (Pub. L. 90-264, title I, Sec. 109, Mar. 12, 1968, 82 Stat. 45.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 802 of this title. ------DocID 44438 Document 684 of 816------ -CITE- 40 USC Sec. 808 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 808. Labor standards -STATUTE- The Secretary shall take such action as may be necessary to insure that all laborers and mechanics employed by contractors or subcontractors on the alterations referred to in section 802(a)(1), and the parking facility referred to in section 802(a)(3), of this title shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the locality as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 U.S.C. 276a - 276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 276c of this title. -SOURCE- (Pub. L. 90-264, title I, Sec. 110, Mar. 12, 1968, 82 Stat. 45.) -REFTEXT- REFERENCES IN TEXT Act of March 3, 1931, as amended, known as the Davis-Bacon Act, referred to in text, is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 276a of this title and Tables. 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. ------DocID 44439 Document 685 of 816------ -CITE- 40 USC Sec. 809 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part A -HEAD- Sec. 809. Steam for Union Station-National Visitor Center complex; contract; costs -STATUTE- The Architect of the Capitol may enter into a contract or other agreement with the Secretary of the Interior providing for the Architect of the Capitol to furnish steam from the Capitol Power Plant to the Union Station-National Visitor Center complex. Under such contract, the Secretary of the Interior shall pay for such steam at rates, not less than cost, and shall connect the Union Station-National Visitor Center complex with the Capitol Power Plant steam lines without expenses to the Congress. -SOURCE- (Pub. L. 96-610, Sec. 4, Dec. 28, 1980, 94 Stat. 3564.) -COD- CODIFICATION Section was enacted as part of the National Visitor Center Emergency Repair Act of 1980, and not as part of the National Visitor Center Facilities Act of 1968 which comprises this chapter. ------DocID 44440 Document 686 of 816------ -CITE- 40 USC Part B -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Part B - Union Station Redevelopment -SECREF- PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1201 of this title. ------DocID 44441 Document 687 of 816------ -CITE- 40 USC Sec. 811 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 811. Assignment of right, title, and interest in the Union Station complex to the Secretary of Transportation -STATUTE- (a) Reservation of certain rights by the Secretary; definition Upon the request of the Secretary of Transportation, the Secretary shall assign to the Secretary of Transportation all of the Secretary's right, title, and interest in the Union Station complex, including all agreements and leases entered into under part A of this subchapter. Such assignment may reserve to the Secretary the right to lease space for visitor services, to the extent the Secretary and the Secretary of Transportation may agree. For purposes of this subchapter, the 'Union Station complex' shall include all the real property, air rights, and improvements leased by the Secretary under part A of this subchapter, together with any property acquired and all improvements made in accordance with this part. (b) Installation of new roofs and drainage systems Notwithstanding the provisions of subsection (a) of this section, the Secretary shall, not later than twelve months after December 29, 1981, complete the installation of new roofs and associated drainage systems on all existing roof surfaces of the historic Union Station building. Of funds appropriated to the Secretary under the construction appropriation for the National Park System for the fiscal year ending September 30, 1982, not less than $8,100,000 shall be available to and allocated by the Secretary for such roof work. In the event the assignment provided for in subsection (a) of this section occurs prior to completion of such roof work, the Secretary shall continue to be responsible for such roof work until its completion, except as the Secretary and the Secretary of Transportation may otherwise agree. (c) Permission to the Secretary of Transportation to carry out certain activities Prior to the assignment provided for in subsection (a) of this section, the Secretary shall permit the Secretary of Transportation to carry out or cause to be carried out the activities authorized by this part or by title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 851 et seq.). (d) Secretary to be relieved of certain obligations upon assignment and roof installation After both the assignment provided for in subsection (a) of this section and the completion of the roof installation required by subsection (b) of this section, the Secretary shall be relieved of the authority and obligation under part A of this subchapter to construct and operate a National Visitor Center at Union Station. The provisions of part A of this subchapter shall thereafter be deemed superseded by any contrary or inconsistent provisions of this part. -SOURCE- (Pub. L. 90-264, title I, Sec. 111, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981 95 Stat. 1667.) -REFTEXT- REFERENCES IN TEXT The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (c), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat. 31, as amended. Title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 enacted subchapter III (Sec. 851 et seq.) of chapter 17 of Title 45, Railroads, and amended sections 543, 545, 546, 562, 563, 564, and 791 of Title 45 and section 1653 of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables. -MISC2- CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY Section 2 of Pub. L. 97-125 provided that: 'The Congress finds and declares that - '(1) Union Station in Washington, District of Columbia, commissioned by Congress in 1903, designed by Daniel H. Burnham in monumental Beaux Arts style, and completed by the Washington Terminal Company in 1907, is an important historic and architectural landmark of the Nation's Capital; '(2) Union Station was built and used exclusively as a rail passenger station until Congress decided to make the historic Union Station building a National Visitor Center in 1968, allocating rail passenger operations to a replacement facility behind the historic building; '(3) the use of rail passenger service to and from Washington, District of Columbia, declining when the National Visitor Center Facilities Act of 1968 (this chapter) was enacted, has dramatically increased since that time with the advent of and substantial Federal investment in the National Railroad Passenger Corporation and the northeast corridor improvement project, justifying a reversal of the policy adopted 13 years ago; '(4) the historic Union Station building is now unsafe and unusable, and the replacement railroad station is inconvenient and inadequate for present and projected rail ridership demand; '(5) it is in the national interest to preserve the architectural features of Union Station and to provide in the Union Station complex a sound and fully operational transportation terminal; '(6) the Union Station complex and its vicinity present an opportunity for successful commercial development integrated with the transportation functions of the facility; and '(7) the purposes of this Act (see Short Title of 1981 Amendment note set out under section 801 of this title) are to achieve the goals of historic preservation and improved rail use of Union Station with maximum reliance on the private sector and minimum requirement for Federal assistance.' ------DocID 44442 Document 688 of 816------ -CITE- 40 USC Sec. 812 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 812. Rehabilitation and redevelopment of the Union Station complex; goals -STATUTE- The Secretary of Transportation shall provide for the rehabilitation and redevelopment of the Union Station complex primarily as a multiple-use transportation terminal serving the Nation's Capital, and secondarily as a commercial complex, in accordance with the following goals: (a) Preservation of the exterior facade and other historically and architecturally significant features of the Union Station building; (b) Restoration and operation of a portion of the historic Union Station building as a rail passenger station, together with holding facilities for charter, transit, and intercity buses in the Union Station complex; (c) Commercial development of the Union Station complex that will, to the extent possible, financially support the continued operation and maintenance of such complex; and (d) Withdrawal by the Federal Government from any active role in the operation and management of the Union Station complex as soon as practical and at the least possible Federal expense consistent with the goals set forth in subsections (a) through (c) of this section. -SOURCE- (Pub. L. 90-264, title I, Sec. 112, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1668.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 815 of this title. ------DocID 44443 Document 689 of 816------ -CITE- 40 USC Sec. 813 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 813. Authorization of appropriations -STATUTE- (a) There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to meet lease and other obligations, including maintenance requirements, incurred by the Secretary and assigned to the Secretary of Transportation under this part. The Secretary shall transfer to the Secretary of Transportation at the time of such assignment such sums as may have been appropriated to the Secretary to meet such obligations and not yet expended as of the date of such assignment. (b) Notwithstanding the provisions of section 802(a)(5) of this title, the Secretary of Transportation is authorized to purchase for the United States any property that was leased by the Secretary under part A of this subchapter and assigned to the Secretary of Transportation under this part. The purchase agreement for such property may provide for payment by the Secretary of Transportation over a term not to exceed six years. There are authorized to be appropriated to the Secretary of Transportation, in addition to the sums authorized by subsection (a) of this section, not to exceed $275,000 per year for not to exceed six years to carry out such purchase. Such purchase shall not be subject to the provisions of title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4651 et seq.). -SOURCE- (Pub. L. 90-264, title I, Sec. 113, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1669.) -REFTEXT- REFERENCES IN TEXT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 is classified generally to subchapter III (Sec. 4651 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. ------DocID 44444 Document 690 of 816------ -CITE- 40 USC Sec. 814 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 814. Studies to determine feasibility of rehabilitation and improvements; implementation of recommendations -STATUTE- (a) Engineering survey The Secretary of Transportation shall, on an emergency basis, carry out an engineering survey of all existing structures at the Union Station complex for the following purposes: (1) to determine those actions necessary or desirable to preserve the long-term structural integrity of, and provide functional utility systems for, the historic Union Station building; (2) in cooperation with Amtrak, to determine those actions necessary or desirable to restore rail passenger handling functions to the historic Union Station building and otherwise improve rail passenger service facilities at Union Station, including improved passenger access to the trains; and (3) to prepare detailed estimates of the costs of such rehabilitation and improvement. (b) Planning and market feasibility studies to assess commercial development potential Concurrently with the engineering survey required by subsection (a) of this section, the Secretary of Transportation, in cooperation with the National Railroad Passenger Corporation, shall carry out a planning and market feasibility study to assess the commercial development potential of the Union Station complex. Such study shall also include, but not be limited to, an assessment of the feasibility and desirability of: (1) providing passenger transportation services from Union Station to the commercial airports in the area; (2) constructing a heliport at or near the Union Station complex; and (3) relocating to office space in Union Station the offices of Federal or other public transportation agencies. (c) Time for completion of studies The Secretary of Transportation shall complete the engineering survey required by this section not later than six months after December 29, 1981, and shall complete the planning and market feasibility study required by this section not later than twelve months after December 29, 1981. (d) Availability of appropriated funds Of amounts appropriated under section 854(a)(1) and (2) of title 45, $1,000,000 shall be available to and be utilized by the Secretary of Transportation to carry out the purposes of subsections (a) and (b) of this section. (e) Reports to Congress; commitment of Federal funds Within twelve months following December 29, 1981, the Secretary of Transportation shall submit a report to the Congress on the results of the engineering survey and planning and market feasibility studies carried out under this section. Such report shall be referred to the Committees on Commerce, Science, and Transportation and Environment and Public Works of the Senate and the Committees on Energy and Commerce and Public Works and Transportation of the House, respectively. Such report shall include a specific commitment of Federal funds for completion of the rehabilitation of the historic Union Station building, together with any necessary request for appropriations, in the amount determined by the Secretary of Transportation to be necessary in light of the survey and studies carried out under this section, from either or both of the following sources: (1) funds authorized to be appropriated and not yet appropriated under section 854(a) of title 45 that are in excess of the amounts set out in the last sentence of such section 854(a) of title 45; and (2) funds programed or reprogramed from any other appropriation available to the Secretary of Transportation. Notwithstanding any other provision of this subsection, no funds from the Northeast Corridor Improvement Project and other rail or rail-related programs in excess of $29,000,000 shall be available for the completion of the rehabilitation of the historic Union Station building or other purposes determined by the Secretary of Transportation to be necessary in light of the survey and studies carried out under this section if within ninety calendar days of continuous session of the Congress after any request for such excess funds either the Committee on Energy and Commerce of the House of Representatives or the Committee on Commerce, Science, and Transportation of the Senate disapproves of the availability of such excess funds for such purposes by majority vote. For purposes of this subsection, continuity of session of the Congress is broken only by an adjournment sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the period described in this subsection. -SOURCE- (Pub. L. 90-264, title I, Sec. 114, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1669.) ------DocID 44445 Document 691 of 816------ -CITE- 40 USC Sec. 815 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 815. Development agreements -STATUTE- (a) Agreements with developers In order to achieve the goals set out in section 812 of this title, the Secretary of Transportation is authorized to select and subsequently enter into one or more agreements (hereafter in this chapter referred to as 'development agreements') with one or more responsible individuals, corporations, or other private entities with demonstrated experience in the financing, undertaking, and managing of commercial real estate development (hereafter in this chapter referred to as 'developers'). (b) Selection of developers The Secretary of Transportation shall prescribe the procedures and criteria for selection of a developer for the Union Station complex: Provided, That no final developer selection shall be made unless and until at least two developers meeting minimum criteria prescribed by the Secretary of Transportation have submitted to the Secretary of Transportation specific design and financing proposals for the rehabilitation and redevelopment of the Union Station complex, and specific proposals for the acquisition, conveyance, or lease of real property. The Secretary of Transportation is directed to initiate discussions with potential developers as soon as possible following enactment of this section to assure the earliest possible selection of a developer or developers. (c) Modification or waiver of application of regulations Development agreements entered into under this section shall be considered cooperative agreements for purposes of chapter 63 of title 31. With respect to such development agreements, the Secretary of Transportation is authorized to modify or waive the application of regulations otherwise applicable to Federal or Department of Transportation financial assistance agreements, to the extent the Secretary of Transportation determines in his discretion to be necessary to accomplish the purposes of this part at the lowest cost to the Federal Government. (d) Other agreements and contracts; assignment The Secretary of Transportation is further authorized to enter into such other agreements and contracts, except any agreement or contract to sell property rights at the Union Station complex, with such persons, corporations, financial institutions, Federal, regional, or local agencies, or the Architect of the Capitol as the Secretary of Transportation deems necessary or desirable to carry out the purposes of this part. Any such agreement may be made assignable to a selected developer or developers of the Union Station complex. -SOURCE- (Pub. L. 90-264, title I, Sec. 115, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1670.) -COD- CODIFICATION In subsec. (c), 'chapter 63 of title 31' substituted for 'the Federal Grant and Cooperative Agreement Act of 1977 (41 U.S.C. 501 et seq.)' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. ------DocID 44446 Document 692 of 816------ -CITE- 40 USC Sec. 816 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 816. Acquisition and maintenance of property -STATUTE- (a)(1) The Secretary of Transportation is authorized to acquire for the United States, by lease, purchase, or otherwise, any interest in real property (including, without limitation, interests in the nature of easements or reservations) and any other property interest (including, without limitation, contract rights) in or relating or adjacent to the Union Station complex that the Secretary of Transportation deems necessary to carry out the purposes of this part. (2) Repealed. Pub. L. 100-480, Sec. 8, Oct. 7, 1988, 102 Stat. 2334. (b) Notwithstanding any other provision of law, the Secretary of Transportation is authorized to maintain, use, operate, manage, and lease, either directly, by contract, or through development agreements, any property interest held or acquired by the Secretary of Transportation for the United States under this part, in such manner and subject to such terms, conditions, covenants, and easements as the Secretary of Transportation deems necessary or desirable to carry out the purposes of this part. -SOURCE- (Pub. L. 90-264, title I, Sec. 116, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1671, and amended Pub. L. 100-480, Sec. 8, Oct. 7, 1988, 102 Stat. 2334.) -MISC1- AMENDMENTS 1988 - Subsec. (a)(2). Pub. L. 100-480 struck out par. (2) which read as follows: 'If the Secretary of Transportation determines that property under the jurisdiction of the Architect of the Capitol in squares 721 and 722 eastward of the historic Union Station building is necessary to carry out the purposes of this part, the Secretary of Transportation may request assignment of such property to the use of the Secretary of Transportation, as a part of the Union Station complex, and subject to the provisions of this part, and the Architect of the Capitol shall so assign such property.' ------DocID 44447 Document 693 of 816------ -CITE- 40 USC Sec. 817 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 817. Union Station Fund; establishment; administration; authority of the Secretary to use income received toward expenses -STATUTE- (a) The Secretary of Transportation is authorized to use income and proceeds received from activities authorized by this part, including, without limitation, operating and leasing income and payments made to the Federal Government under development agreements, to pay expenses incurred by the Secretary of Transportation in carrying out the purposes of this part, including, without limitation, construction, acquisition, leasing, operation, and maintenance expenses, and payments made to developers under development agreements. (b) A special deposit account is hereby established in the Treasury of the United States, to be known as the Union Station Fund, which shall be administered as a revolving fund. Such special deposit account shall be credited with receipts of the Secretary of Transportation from activities authorized by this part and the balance in such special deposit account shall be available in such amounts as are specified in annual appropriation Acts for making expenditures authorized by this part. -SOURCE- (Pub. L. 90-264, title I, Sec. 117, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1671.) -MISC1- PAYMENTS BY UNION STATION REDEVELOPMENT CORPORATION OR SUCCESSOR ON FIRST DEED OF TRUST Pub. L. 101-516, title I, Nov. 5, 1990, 104 Stat. 2170, provided: 'That, as part of the Washington Union Station transaction in which the Secretary assumed the first deed of trust on the property and, where the Union Station Redevelopment Corporation or any successor is obligated to make payments on such deed of trust on the Secretary's behalf, including payments on and after September 30, 1988, the Secretary is authorized to receive such payments directly from the Union Station Redevelopment Corporation, credit them to the appropriation charged for the first deed of trust, and make payments on the first deed of trust with those funds'. Similar provisions were contained in the following prior appropriations acts: Pub. L. 101-164, title I, Nov. 21, 1989, 103 Stat. 1084. Pub. L. 100-457, title I, Sept. 30, 1988, 102 Stat. 2139. ------DocID 44448 Document 694 of 816------ -CITE- 40 USC Sec. 818 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 818. Parking facility; completion with interstate highway funds; limitation on apportionment of funds excepted; agreement with District of Columbia for the administration of the project -STATUTE- (a) Notwithstanding any other provision of title 23, and other Acts pertaining to Federal-Aid Highways, the Secretary of Transportation shall immediately approve the completion of the parking facility, and associated ramps (including any necessary pedestrian access and walkways, escalators, elevators, moving sidewalk access, and connections) at Union Station, to be financed with interstate highway funds apportioned to the District of Columbia. To the extent necessary to complete such project, such apportionment shall not be subject to any obligation limitation enacted for the fiscal year ending September 30, 1982, or the fiscal year ending September 30, 1983. The amount of such apportionment necessary to complete such project, not to exceed $40,000,000, shall remain available to the District of Columbia until expended, without regard to the provisions of section 118(b) of title 23. The Federal share shall be 100 per centum of the total cost of such project. (b) Within sixty days of December 29, 1981, the Secretary of Transportation shall enter into an agreement with the District of Columbia's Department of Transportation for the Secretary of Transportation's administration of the project described in subsection (a) of this section. Such project agreement shall provide that all right, title, and interest in such parking facility shall remain in the United States. The rate of fees charged for use of the parking facility may exceed the rate required for maintenance and operation of the facility, and shall be established in a manner that encourages its use by rail passengers and participants in activities in the Union Station complex and area. -SOURCE- (Pub. L. 90-264, title I, Sec. 118, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1672.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 819 of this title. ------DocID 44449 Document 695 of 816------ -CITE- 40 USC Sec. 819 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER I Part B -HEAD- Sec. 819. Waiver or release of obligations under other provisions -STATUTE- (a) Release of Washington Terminal Company from its obligation to construct a new railroad passenger station The Secretary of Transportation is authorized, on such terms and conditions as he may prescribe, to release the Washington Terminal Company from any or all of its obligations under agreements and leases entered into under part A of this subchapter, including, without limitation, the obligation to construct a new railroad passenger station as provided in section 802(a)(4) of this title. (b) Waiver of statutory and contractual restrictions on the use of the parking facility The Secretary of Transportation shall waive such statutory or contractual restrictions on the use of the parking structure and associated ramps described in section 818 of this title as would otherwise be required or imposed because funds for such construction were or are provided under the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.). (c) Use of funds appropriated under other provisions without matching funds requirement The Secretary of Transportation is authorized to use funds appropriated under section 854(a)(2) of title 45 to carry out the purposes of this part without regard to the matching funds requirement of section 853(1)(B) of title 45. Funds appropriated under section 854(a) of title 45 may not be used for design, construction, or operation of a heliport at or near Union Station. (d) Architect of Capitol authorized to supply steam or chilled water to the Union Station complex The Architect of the Capitol is authorized to enter into agreements with the Secretary of Transportation or his designee or assign to furnish steam or chilled water or both from the Capitol Power Plant to the Union Station complex, at no expense to the legislative branch. -SOURCE- (Pub. L. 90-264, title I, Sec. 119, as added Pub. L. 97-125, Sec. 3(3), Dec. 29, 1981, 95 Stat. 1672.) -REFTEXT- REFERENCES IN TEXT The Urban Mass Transportation Act of 1964, as amended, referred to in subsec. (b), is Pub. L. 88-365, July 9, 1964, 78 Stat. 302, as amended, which is classified generally to chapter 21 (Sec. 1601 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 49, Appendix, and Tables. ------DocID 44450 Document 696 of 816------ -CITE- 40 USC SUBCHAPTER II -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER II -HEAD- SUBCHAPTER II - ADVISORY COMMISSION -SECREF- SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 805 of this title. ------DocID 44451 Document 697 of 816------ -CITE- 40 USC Sec. 821 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER II -HEAD- Sec. 821. National Visitor Facilities Advisory Commission; establishment; functions -STATUTE- There is hereby created a National Visitor Facilities Advisory Commission (hereafter in this chapter referred to as the 'Commission') which shall (1) conduct a continuing review of the National Visitor Center established pursuant to subchapter I of this chapter, (2) 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 (3) advise the Secretary and the Administrator with respect to the planning, construction, acquisition, and operation of all such visitor facilities. -SOURCE- (Pub. L. 90-264, title II, Sec. 201, Mar. 12, 1968, 82 Stat. 45.) -MISC1- TERMINATION OF ADVISORY COMMISSIONS Advisory commissions 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 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44452 Document 698 of 816------ -CITE- 40 USC Sec. 822 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER II -HEAD- Sec. 822. Composition of Commission -STATUTE- (a) Tenure; Chairman The Commission shall be composed of the Secretary, the Administrator, the Secretary of the Smithsonian Institution, the Chairman of the National Capital Planning Commission, the Chairman of the Commission of Fine Arts, six Members of the Senate, three from each party, to be appointed by the President of the Senate, and six Members of the House of Representatives, three from each party, to be appointed by the Speaker of the House of Representatives, and three members 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. Non-Federal members shall serve at the pleasure of the President. The Secretary shall be the Chairman of the Commission. The Commission shall meet at the call of the Chairman. (b) Compensation and travel expenses Members of the Commission who are not officers or employees of the Federal Government or the government of the District of Columbia shall be entitled to receive compensation in accordance with section 3109 of title 5 and 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. (c) Staff and facilities The Director of the National Park Service, in consultation with the Administrator, shall provide the necessary staff and facilities to assist the Commission in carrying out its duties under this subchapter. -SOURCE- (Pub. L. 90-264, title II, Sec. 202, Mar. 12, 1968, 82 Stat. 45.) ------DocID 44453 Document 699 of 816------ -CITE- 40 USC Sec. 823 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER II -HEAD- Sec. 823. Reports and recommendations -STATUTE- The Commission shall, from time to time, report to the Secretary and the Administrator the results of its reviews, studies, and investigations. In the case of any report recommending additional facilities for visitors, such report shall include the Commission's recommendations as to a site or sites for the facilities to be provided, together with preliminary plans, specifications, and architectural drawings for such facilities as well as the estimated cost of the recommended sites and facilities. -SOURCE- (Pub. L. 90-264, title II, Sec. 203, Mar. 12, 1968, 82 Stat. 46.) ------DocID 44454 Document 700 of 816------ -CITE- 40 USC SUBCHAPTER III -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER III -HEAD- SUBCHAPTER III - CAPITOL VISITOR CENTER ------DocID 44455 Document 701 of 816------ -CITE- 40 USC Sec. 831 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER III -HEAD- Sec. 831. Capitol educational and informational center and information and distribution stations; operation agreements -STATUTE- Notwithstanding any other provision of law, the Architect of the Capitol, in consultation with the House Office Building Commission and the Senate Office Building Commission, is hereby authorized and directed to provide adequate space and facilities in the Capitol Building for an educational and informational center and information and distribution stations to afford visitors to the Capitol Building an opportunity to acquire (1) information relative to Congressional offices, (2) assistance relative to their visit to the Capitol, (3) pamphlets, books, drawings, slides and photographs, and related materials, and (4) information about the Capitol and the history of the Capitol Building and past and present Congresses. All materials distributed by such educational and informational center and such stations shall first be approved by the Architect of the Capitol, after consultation with the House Committee on House Administration, the Senate Committee on Rules and Administration, the United States Capitol Historical Society, and such other educational and historical groups as the Architect of the Capitol deems appropriate. The Architect of the Capitol is hereby authorized to enter into such agreements as may be reasonably necessary to operate such educational and informational center and stations. -SOURCE- (Pub. L. 90-264, title III, Sec. 301, Mar. 12, 1968, 82 Stat. 46.) ------DocID 44456 Document 702 of 816------ -CITE- 40 USC SUBCHAPTER IV -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER IV -HEAD- SUBCHAPTER IV - CAPITOL GUIDE SERVICE ------DocID 44457 Document 703 of 816------ -CITE- 40 USC Sec. 851 -EXPCITE- TITLE 40 CHAPTER 18 SUBCHAPTER IV -HEAD- Sec. 851. Capitol Guide Service -STATUTE- (a) Establishment; designation; supervision of Capitol Guide Board; membership of Board There is hereby established an organization under the Congress of the United States, to be designated the 'Capitol Guide Service', which shall be subject to the direction, supervision, and control of a Capitol Guide Board consisting of the Architect of the Capitol, the Sergeant at Arms of the Senate, and the Sergeant at Arms of the House of Representatives. (b) Guided tours; regulations The Capitol Guide Service is authorized and directed to provide guided tours of the interior of the United States Capitol Building for the education and enlightenment of the general public, without charge for such tours. All such tours shall be conducted in compliance with regulations prescribed by the Capitol Guide Board. (c) Duties of Capitol Guide Board; positions of Guide in Capitol Guide Service; establishment and revision; Chief, Deputy Chief, and Assistant Chief Guide and Guides: appointment, duties, pay, and termination of employment The Capitol Guide Board is authorized - (1) with the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, to establish and revise such number of positions of Guide in the Capitol Guide Service as the Board considers necessary to carry out effectively the activities of the Capitol Guide Service; (2) to appoint, on a permanent basis, without regard to political affiliation, and solely on the basis of fitness to perform their duties, a Chief Guide, a Deputy Chief Guide, and an Assistant Chief Guide, and, in addition, such number of Guides as may be authorized under subparagraph (1) of this subsection; (3) to prescribe their duties and responsibilities; (4) with the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, to fix, and adjust from time to time, their respective rates of pay at single per annum (gross) rates; and (5) to terminate their employment as the Board considers appropriate. (d) Uniforms The Capitol Guide Board shall - (1) prescribe a uniform dress, including appropriate insignia, which shall be worn by personnel of the Capitol Guide Service when on duty; and (2) from time to time, as may be necessary, procure and furnish such uniforms to such personnel without charge to such personnel. (e) Acceptance of fees; prohibition An employee of the Capitol Guide Service shall not charge or accept any fee, or accept any gratuity, for or on account of his official services. (f) Personnel detail The Capitol Guide Board may detail personnel of the Capitol Guide Service to assist the United States Capitol Police by providing ushering and informational services, and other services not directly involving law enforcement, in connection with the inauguration of the President and Vice President of the United States, the official reception of representatives of foreign nations and other persons by the Senate or House of Representatives, and other special or ceremonial occasions in the United States Capitol Building or on the United States Capitol Grounds which require the presence of additional Government personnel and which cause the temporary suspension of the performance of the regular duties of the Capitol Guide Service. (g) Historical and educational information The Capitol Guide Board may receive and consider advice and information from any private historical or educational organization, association, or society with respect to those operations of the Capitol Guide Service which involve the furnishing of historical and educational information to the general public. (h) Regulations for operation of Service With the prior approval of the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives, the Capitol Guide Board shall prescribe such regulations as the Board considers necessary and appropriate for the operation of the Capitol Guide Service. (i) Disciplinary action The Capitol Guide Board may take appropriate disciplinary action, including, when circumstances warrant, suspension from duty without pay, reduction in pay, demotion, or removal from employment with the Capitol Guide Service, against any employee who violates any provision of this section or any regulations prescribed by the Board pursuant to this section. (j) Expenses; payment from contingent fund until availability of appropriations The expenses of the Capitol Guide Service shall be paid from the contingent fund of the House of Representatives, until appropriations are available for the payment of such expenses. -SOURCE- (Pub. L. 91-510, title IV, Sec. 441, Oct. 26, 1970, 84 Stat. 1190; Pub. L. 95-94, title I, Aug. 5, 1977, 91 Stat. 671.) -COD- CODIFICATION Section was not enacted as part of the National Visitor Center Facilities Act of 1968 which comprises this chapter. -MISC3- AMENDMENTS 1977 - Subsec. (c)(2). Pub. L. 95-94 inserted reference to Deputy Chief Guide. EFFECTIVE DATE OF 1977 AMENDMENT Pub. L. 95-94 provided that the amendment is effective Oct. 1, 1977. EFFECTIVE DATE Section effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. INCREASES IN COMPENSATION Increases in compensation for the Capitol Guide Board, the Chief Guide, the Deputy Chief Guide, the Assistant Chief Guide, and the Guides of the Capitol Guide Service under authority of the Federal Pay Comparability Act of 1970 (Pub. L. 91-656), see Salary Directives of the President pro tempore of the Senate, set out as notes under section 60a-1 of Title 2, The Congress. TRANSITIONAL PROVISIONS Section 443 of Pub. L. 91-510 provided that: '(a) The initial appointments, under section 441(c)(2) of this Act (subsec. (c)(2) of this section), of personnel of the Capitol Guide Service shall be effective on the effective date of this section. The Capitol Guide Board shall afford, to each person who is a member of the United States Capitol Guides immediately prior to such effective date, the opportunity to be appointed to a comparable position in the Capitol Guide Service without reduction in level of rank and seniority. For the purposes of the initial appointments of such persons, the number of such persons shall be considered to have been authorized for the Capitol Guide Service under section 441(c)(1) of this Act (subsec. (c)(1) of this section). The per annum (gross) rate of pay of each such person so initially appointed shall be a rate equal to the per annum rate of pay received by the United States Capitol Guides, who worked full tours of duty, averaged over the last five calendar years (excluding 1968) ending prior to the date of enactment of this Act (Oct. 26, 1970). Subject to section 441(i) of this Act (subsec. (i) of this section), the rate of each such person so initially appointed shall not, at any time after such initial appointment, be less than the rate at which he was initially appointed so long as he remains in the same position; but, when such position becomes vacant, the rate of pay of any subsequent appointee thereto shall be fixed in accordance with section 441 of this Act (this section). '(b) The United States Capitol Police Board shall transfer, on the effective date of this section, to the Capitol Guide Board, all personnel records, financial records, assets, and other property of the United States Capitol Guides, which exist immediately prior to such effective date. '(c) As soon as practicable after the effective date of this section but not later than the close of the sixtieth day after such effective date, the Capitol Guide Board shall, out of the assets and property transferred under subsection (b) of this section, on the basis of a special audit which shall be conducted by the General Accounting Office - '(1) settle and pay any outstanding accounts payable of the United States Capitol Guides, '(2) discharge the financial and other obligations of the United States Capitol Guides (including reimbursement to purchasers of tickets for guided tours which are purchased and paid for in advance of intended use and are unused), and '(3) otherwise wind up the affairs of the United States Capitol Guides, which exist immediately prior to such effective date. The Capitol Guide Board shall dispose of any net monetary amounts remaining after the winding up of the affairs of the United States Capitol Guides, in accordance with the practices and procedures of the United States Capitol Guides, existing immediately prior to the effective date of this section, with respect to disposal of monetary surpluses.' Section 443 of Pub. L. 91-510 effective immediately prior to noon on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as an Effective Date of 1970 Amendment note under section 72a of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 60j. ------DocID 44458 Document 704 of 816------ -CITE- 40 USC CHAPTER 19 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- CHAPTER 19 - CAPITOL AND WHITE HOUSE-PENNSYLVANIA AVENUE DEVELOPMENT -MISC1- Sec. 871. Congressional findings. 872. Pennsylvania Avenue Development Corporation. (a) Establishment. (b) Dissolution. (c) Board of Directors; composition. (d) Alternate directors. (e) Term of office. (f) Chairman. (g) Nonvoting membership on board. (h) Compensation. (i) Meetings; quorum. (j) Advisory Board. 873. Board of Directors. (a) Executive Director and other officers and employees. (b) Procurement of services of experts. (c) Administrative services. 874. Development plan. (a) Contents. (b) Cooperation in preparation. (c) Submittal to Secretary of the Interior and Mayor of District of Columbia; public hearings. (d) Transmittal to Congress. (e) Alteration, revision, or amendment. (f) Utilization of other governmental services and facilities. 875. Powers of Corporation. 876. Powers of other Federal and local agencies in the development area; certification of new construction, etc. 877. Corporation as grantee of property. (a) Acquisition and title; Corporation as party to proceedings. (b) Services of local redevelopment agency. (c) Coordination of relocation programs. (d) Preferential rights of displaced owners or tenants. 878. Local needs, primary consideration; compliance with District laws, ordinances, etc. 879. Tax exemption; payments to District of Columbia government. 880. Reports and estimates. (a) Annual reports to the President and to Congress. (b) Estimate of additional necessary funds through fiscal year 1990. (c) Protection and enhancement of significant historic and architectural values. 881. Civil service retirement and disability fund; contributions. 882. Assets and funds for conduct of business. 883. Violations and penalties. (a) Larceny, embezzlement, or conversion. (b) False entries, reports, or statements. (c) Rebates and conspiracies. 884. Separability. 885. Authorization of appropriations; prohibition of appropriations from Land and Water Conservation Fund. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in section 1104 of this title. ------DocID 44459 Document 705 of 816------ -CITE- 40 USC Sec. 871 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 871. Congressional findings -STATUTE- The Congress finds and declares - (a) that it is in the national interest that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, most of which was designated on September 30, 1965, as a national historic site under the Historic Sites Act of August 21, 1935 (16 U.S.C. 461 et seq.) be developed, maintained, and used in a manner suitable to its ceremonial, physical, and historic relationship to the legislative and executive branches of the Federal Government and to the governmental buildings, monuments, memorials, and parks in or adjacent to the area; (b) that the area adjacent to Pennsylvania Avenue between the Capitol and the White House, because of its blighted character, imposes severe public, economic, and social liabilities upon the District of Columbia as the seat of the government of the United States, thereby impeding its sound growth and development and constituting a serious and growing threat to the public health, safety, morals, and welfare of its inhabitants; (c) that to insure suitable development, maintenance, and use of the area and the elimination of blight, it is essential that there be developed and carried out as an entirety plans for this area which will specify the uses, both public and private, to which property is to be put, the programing and financing of necessary acquisitions, construction, reconstruction, and other activities; (d) that such duties and responsibilities can best be developed and carried out by vesting the requisite powers in a Federal corporation which can take maximum advantage of the private as well as the public resources which will be necessary; (e) that the powers conferred by this chapter are for public uses and purposes for which public powers may be employed, public funds may be expended, and the power of eminent domain and the police power may be exercised, and the granting of such powers is necessary in the public interest; and (f) that the area thus to be developed, maintained, and used in accordance with the provisions of this chapter (hereinafter referred to as the development area) shall be the area bounded as follows: Beginning at a point on the south west corner of the intersection of Fifteenth Street and E Street Northwest; thence proceeding easterly along the southerly side of E Street to the southwest corner of the intersection of Thirteenth Street and Pennsylvania Avenue Northwest; thence southeasterly along the southerly side of Pennsylvania Avenue to a point being the southeast corner of the intersection of Pennsylvania Avenue and Third Street Northwest; thence northerly along the east side of Third Street to the northeast corner of the intersection of C Street and Third Street Northwest; thence westerly along the north side of C Street to the northeast corner of the intersection of C Street and Sixth Street Northwest; thence northerly along the east side of Sixth Street to the northeast corner of the intersection of E Street and Sixth Street Northwest; thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Seventh Street Northwest; thence northerly along the east side of Seventh Street to the northeast corner of the intersection of Seventh Street and F Street Northwest; thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Ninth Street Northwest; thence southerly along the west side of Ninth Street to the northwest corner of the intersection of Ninth Street and E Street Northwest; thence westerly along the north side of E Street to the northeast corner of the intersection of E Street and Thirteenth Street Northwest; thence northerly along the east side of Thirteenth Street to the northeast corner of the intersection of F Street and Thirteenth Street Northwest; thence westerly along the north side of F Street to the northwest corner of the intersection of F Street and Fifteenth Street Northwest; thence northerly along the west side of Fifteenth Street to the northwest corner of the intersection of Pennsylvania Avenue and Fifteenth Street Northwest; thence westerly along the southern side of Pennsylvania Avenue to the southeast corner of the intersection of Pennsylvania Avenue and East Executive Avenue Northwest; thence southerly along the east side of East Executive Avenue to the intersection of South Executive Place and E Street Northwest; thence easterly along the south side of E Street to the point of beginning being the southwest corner of the intersection of Fifteenth Street and E Street Northwest. -SOURCE- (Pub. L. 92-578, Sec. 2, Oct. 27, 1972, 86 Stat. 1266.) -REFTEXT- REFERENCES IN TEXT The Historic Sites Act of August 21, 1935, referred to in subsec. (a), which is also known as the Historic Sites, Buildings, and Antiquities Act, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, as amended, which is classified to sections 461 to 467 of Title 16, Conservation. For complete classification of this Act to the Code see Short Title note set out under section 461 of Title 16 and Tables. -MISC2- SHORT TITLE Section 1 of Pub. L. 92-578 provided: 'That this Act (enacting this chapter and amending section 846 of former Title 31, Money and Finance) may be cited as the 'Pennsylvania Avenue Development Corporation Act of 1972'.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1104 of this title. ------DocID 44460 Document 706 of 816------ -CITE- 40 USC Sec. 872 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 872. Pennsylvania Avenue Development Corporation -STATUTE- (a) Establishment There is hereby created a body corporate to be known as the Pennsylvania Avenue Development Corporation (hereinafter referred to as the 'Corporation'). (b) Dissolution The Corporation shall be dissolved upon completion, as determined by the Board of Directors, of its implementation of the development plan provided for in section 874 of this title. Upon dissolution, assets remaining after all the obligations and indebtedness of the Corporation has been fulfilled and paid or satisfied shall be the assets of the United States. (c) Board of Directors; composition The powers and management of the Corporation shall be vested in a Board of Directors consisting of fifteen members, as follows: (1) The Secretary of the Interior; (2) The Secretary of the Treasury; (3) The Secretary of Housing and Urban Development; (4) The Secretary of Transportation; (5) The Administrator of General Services; (6) The Mayor of the District of Columbia; (7) The Chairman, Council of the District of Columbia; and (8) Eight, at least four of whom shall be residents and who are registered voters of the District of Columbia, appointed by the President from private life, who shall have knowledge and experience in one or more fields of history, architecture, city planning, retailing, real estate, construction, or government. (d) Alternate directors Each member of the Board of Directors specified in paragraphs (1) through (7) of subsection (c) of this section may designate another official to serve on the Board in his stead if unable to serve in person. (e) Term of office Each member of the Board of Directors appointed under paragraph (8) of subsection (c) of this section shall serve for a term of six years from the expiration of his predecessor's term; except that (1) any Director appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) the terms of office of the Directors first taking office shall begin on October 27, 1972, and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and four at the end of six years. A Director may continue to serve until his successor has qualified. (f) Chairman The President shall designate a Chairman and a Vice Chairman from among the members of the Board of Directors, chosen from private life. (g) Nonvoting membership on board The Chairman, upon his appointment, shall invite to serve on the Board of Directors as nonvoting members the following: (1) The Chairman of the Commission of Fine Arts; (2) The Chairman of the National Capital Planning Commission; (3) The Secretary of the Smithsonian Institution; (4) The Director of the National Gallery of Art; (5) The Architect of the Capitol; (6) The Archivist of the United States; (7) The Chairman of the District of Columbia, Commission on the Arts; and (8) The Director of the District of Columbia Department of Housing and Community Development. (h) Compensation Members of the Board of Directors who are officers or employees of the Federal or District of Columbia government shall receive no additional compensation by virtue of their membership on the Board. Other members of the Board, when engaged in the activities of the Corporation, shall be entitled to receive compensation at the daily equivalent of the rate for GS-18 of the General Schedule, and travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703(b)-(d) (FOOTNOTE 1) and 5707) for persons in the Government service employed intermittently. (FOOTNOTE 1) See References in Text note below. (i) Meetings; quorum The Board of Directors shall meet at the call of the Chairman, who shall require it to meet not less often than once each three months. A majority of the voting members of the Board of Directors (or their designated alternates) shall constitute a quorum. (j) Advisory Board There shall be established a nonvoting Advisory Board of seven members appointed by the Chairman from among tenants and owners of real property within the development area. The Advisory Board shall meet at least twice annually with the Board of Directors, and shall otherwise offer such advice and assistance as may be of benefit to the Board of Directors during preparation of the development plan. -SOURCE- (Pub. L. 92-578, Sec. 3, Oct. 27, 1972, 86 Stat. 1267; Pub. L. 95-629, title I, Sec. 101(1)(a)-(c), Nov. 10, 1978, 92 Stat. 3635; Pub. L. 98-141, Sec. 8(c)(1), Oct. 31, 1983, 97 Stat. 910.) -REFTEXT- REFERENCES IN TEXT Section 5703 of title 5, referred to in subsec. (h), was amended generally by Pub. L. 94-22, Sec. 4, May 19, 1975, 89 Stat. 85, and, as so amended, does not contain subsecs. (b)-(d). -MISC2- AMENDMENTS 1983 - Subsec. (c)(7). Pub. L. 98-141 inserted '(7)' before 'The Chairman, Council of the District of Columbia'. 1978 - Subsec. (c)(6). Pub. L. 95-629, Sec. 101(1)(a), substituted 'The Mayor of the District of Columbia' for 'The Commissioner of the District of Columbia'. Subsec. (c)(7). Pub. L. 95-629, Sec. 101(1)(b), substituted 'The Chairman, Council of the District of Columbia' for 'The Chairman, District of Columbia Council'. Subsec. (g)(8). Pub. L. 95-629, Sec. 101(1)(c), substituted 'The Director of the District of Columbia Department of Housing and Community Development' for 'The Chairman of the District of Columbia Redevelopment Land Agency'. ARCHIVIST OF THE UNITED STATES References to Archivist of the United States deemed to refer to Archivist appointed under section 2103 of Title 44, Public Printing and Documents, with respect to functions transferred by Pub. L. 98-497 or an amendment made by Pub. L. 98-497 and exercised after Apr. 1, 1985, see sections 106 and 108 of Pub. L. 98-497, set out as notes under section 2102 of Title 44. TERMINATION OF ADVISORY BOARDS Advisory boards 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 board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 44461 Document 707 of 816------ -CITE- 40 USC Sec. 873 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 873. Board of Directors -STATUTE- (a) Executive Director and other officers and employees The Board of Directors shall have the power to appoint and fix the compensation and duties of the Executive Director and such other officers and employees of the Corporation as may be necessary for the efficient administration of the Corporation; the Executive Director and two other officers of the Corporation may be appointed and compensated without regard to the provisions of title 5 governing appointments in the competitive service and chapter 51 and subchapter III of chapter 53 of title 5. (b) Procurement of services of experts The Board of Directors is authorized to procure the temporary (not in excess of one year) or intermittent services of city planners, architects, engineers, appraisers, and other experts or consultants or organizations thereof in accordance with section 3109 of title 5, but at rates for individuals not in excess of the rate in effect for grade GS-18 of the General Schedule. (c) Administrative services Administrative services shall be provided by the General Services Administration on a reimbursable basis. -SOURCE- (Pub. L. 92-578, Sec. 4, Oct. 27, 1972, 86 Stat. 1268; Pub. L. 93-427, Sec. 1, Oct. 1, 1974, 88 Stat. 1170; Pub. L. 95-629, title I, Sec. 101(1)(d), Nov. 10, 1978, 92 Stat. 3635.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (a), are classified to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- AMENDMENTS 1978 - Subsec. (a). Pub. L. 95-629 substituted 'subchapter III of chapter 53' for 'subchapter 53'. 1974 - Subsecs. (b), (c). Pub. L. 93-427 added subsec. (b) and redesignated former subsec. (b) as (c). REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. ------DocID 44462 Document 708 of 816------ -CITE- 40 USC Sec. 874 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 874. Development plan -STATUTE- (a) Contents The development plan for the development area shall include, but not be limited to: (1) the types of uses, both public and private, to be permitted; (2) criteria for the design and appearance of buildings, facilities, open spaces, and other improvements; (3) an estimate of the current values of all properties to be acquired; (4) an estimate of the relocation costs which would be incurred in carrying out the provisions of section 877 of this title; (5) an estimate of the cost of land preparation for all properties to be acquired; (6) an estimate of the reuse values of the properties to be acquired; (7) a program for the staging of a proposed development, including a detailed description of the portion of the program to be scheduled for completion by 1976; (8) a determination of the marketability of such development; (9) an estimate of the development costs, both public and private; (10) a thorough study of the economic impact of such development, including the impact on the local tax base, the metropolitan area as a whole, and the existing business activities within the development area; and (11) the procedures (including both interim and long-term arrangements) to be used in carrying out and insuring continuing conformance to the development plan. (b) Cooperation in preparation The development plan provided for in subsection (a) of this section shall be prepared with the cooperation of the Department of the Interior, the General Services Administration, and the District of Columbia government with the maximum feasible use of their staffs and other resources on a reimbursable basis by the Corporation. (c) Submittal to Secretary of the Interior and Mayor of District of Columbia; public hearings After the development plan has been completed and approved by the Board of Directors of the Corporation, it shall be submitted to the Secretary of the Interior and the Mayor of the District of Columbia. The Secretary of the Interior, within ninety days, shall notify the Corporation of his approval or recommended modifications from the standpoint of the compatibility of the plan with his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. The Mayor of the District of Columbia, within ninety days, shall consult with the National Capital Planning Commission, shall hold public hearings on the plan, and shall notify the Corporation of his approval or recommended modifications: Provided, That in the event that the Secretary of the Interior or the Mayor of the District of Columbia has not notified the Corporation of his approval or recommended modifications of the plan within ninety days after the date of submission, he shall be deemed to have approved the plan. (d) Transmittal to Congress In the event the Secretary of the Interior or the Mayor of the District of Columbia has recommended modifications of the plan, the Corporation within one hundred and twenty days of the original submission of the plan shall consult with them regarding such modifications and shall prepare a development plan which shall be transmitted to the President of the Senate and the Speaker of the House of Representatives. If the Secretary of the Interior or the Mayor of the District of Columbia has not approved the development plan, the transmittal shall include a specification of the areas of difference, the modifications suggested by the Secretary of the Interior or the Mayor of the District of Columbia and the views of the Corporation thereon. Following the expiration of sixty legislative days after the date of such transmittal, the Corporation may proceed with the execution and implementation of the plan unless between the date of transmittal and the end of the sixty legislative day period, either the Senate or the House of Representatives passes a resolution in opposition to the development plan. (e) Alteration, revision, or amendment (1) Activities under the development plan shall be carried out in accordance with the approved development plan. (2) The Corporation may alter, revise, or amend the plan, but any such alteration, revision, or amendment which is a substantial change from the approved development plan shall take effect only upon compliance with the procedures set forth in subsections (c) and (d) of this section. For the purposes of this subsection, the term 'substantial change' shall mean one involving a major alteration in the character or intensity of an existing or proposed use in the development area which in the opinion of the Corporation causes an increase or decrease of 10 per centum or more of the dollar amount of the estimate prepared in accordance with subsection (a)(9) of this section, or one which, in the opinion of the Secretary of the Interior, affects his responsibilities for the administration, protection, and development of the areas within the Pennsylvania Avenue National Historic Site. (3) Any alteration, revision, or amendment of the plan and any other action taken by the Corporation which is not a substantial change in the plan within the meaning of paragraph (2) but - (A) which is a significant change in the plan, or which is another significant action taken by the Corporation, and (B) which relates to housing, any major structure, historic preservation, parks, office space, or retail uses, within the development area shall not take effect until thirty days after notice of such change or other action has been submitted to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate, unless prior to the expiration of such thirty-day period each of such committees notifies the Corporation in writing that the committee does not object to such change or other action. Such notice to the committees shall include an explanation of the reasons why the change or other action is proposed and a summary of any recommendations received by the Corporation from the Secretary of the Interior, the Mayor of the District of Columbia, or from any other interested agency, organization, or individual. (f) Utilization of other governmental services and facilities To avoid duplication and unnecessary expense the Corporation shall, to the maximum feasible extent in conducting its operations, utilize the services and facilities of other agencies, including the Department of the Interior, General Services Administration, the National Capital Planning Commission, and the District of Columbia government. -SOURCE- (Pub. L. 92-578, Sec. 5, Oct. 27, 1972, 86 Stat. 1269; Pub. L. 95-629, title I, Sec. 101(1)(a), (e), Nov. 10, 1978, 92 Stat. 3635; Pub. L. 98-141, Sec. 8(b), (c)(2), (3), Oct. 31, 1983, 97 Stat. 910.) -MISC1- AMENDMENTS 1983 - Subsec. (a)(10). Pub. L. 98-141, Sec. 8(c)(2), inserted 'a' before 'whole, and the existing business'. Subsec. (b). Pub. L. 98-141, Sec. 8(c)(3), substituted 'cooperation' for 'Cooperation'. Subsec. (e). Pub. L. 98-141, Sec. 8(b), designated first sentence of existing provisions as par. (1), designated second and succeeding sentences of existing provisions as par. (2), and added par. (3). 1978 - Subsecs. (c), (d). Pub. L. 95-629, Sec. 101(1)(a), substituted 'Mayor of the District of Columbia' for 'Commissioner of the District of Columbia' wherever appearing. Subsec. (f). Pub. L. 95-629, Sec. 101(1)(e), struck out reference to the District of Columbia Redevelopment Land Agency following reference to the District of Columbia government. REVIEW OF PORTIONS OF PENNSYLVANIA AVENUE DEVELOPMENT AREA NOT UNDER DEVELOPMENT FOR PRESERVATION OF HISTORIC VALUES OF SUCH AREA; REPORT TO CONGRESS Pub. L. 96-515, title V, Sec. 505, Dec. 12, 1980, 94 Stat. 3005, provided that the Pennsylvania Avenue Development Corporation review the development plan for those parts of the development area not under development or committed for development as of Dec. 12, 1980, to identify means by which the historic values of such parts of the development area could be preserved and enhanced to the maximum extent feasible, such review not to be limited by the applicable provisions of the development plan in effect at the time of the review, and not to require any actions by the Corporation during the course of the review or during its consideration by the Congress. Within one year of Dec. 12, 1980, the Corporation was to submit to the appropriate committees of Congress a report containing the findings of the review, together with the Corporation's recommendations for any legislative measures or funding necessary to carry out the purposes of this section, such report to also include a description of those activities which the Corporation proposed to undertake to carry out the purposes of this section and the financial implications of carrying out those activities. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 872, 875, 876, 885, 1104 of this title. ------DocID 44463 Document 709 of 816------ -CITE- 40 USC Sec. 875 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 875. Powers of Corporation -STATUTE- In carrying out its powers and duties, the Corporation - (1) shall have all necessary and proper powers for the exercise of the authorities vested in it; (2) shall have succession in its corporate name; (3) may adopt and use a corporate seal which shall be judicially noticed; (4) may sue and be sued in its corporate name. All litigation arising out of the activities of the Corporation shall be conducted by the Attorney General; (5) may adopt, amend, and repeal bylaws, rules, and regulations governing the manner in which its business may be conducted and the powers vested in it may be exercised; (6) may acquire lands, improvements, and properties within the development area by purchase, lease, donation, or exchange; may hold, maintain, use, or operate such properties; may sell, lease, or otherwise dispose of such real and personal property and any interest therein as the Corporation deems necessary to carry out the development plan; or may lease, repurchase, or otherwise acquire and hold any property which the Corporation has theretofore sold, leased, conveyed, transferred, or otherwise disposed of: Provided, That condemnation proceedings for the acquisition of real property (including interests therein), which may be necessary or appropriate in order to carry out the development plan, shall be conducted in accordance with the procedural provisions of chapter 13, subchapter IV, of title 16 of the District of Columbia Code: Provided further, That prior to acquiring any residential property there shall be a finding of assurance of adequate replacement housing consonant with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894) (42 U.S.C. 4601 et seq.); (7) may enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency or instrumentality of the United States, the several States, or the District of Columbia or with any person, firm, association, or corporation (including agreements with private utility companies with respect to the relocation of utility lines and other facilities in the development area) as may be deemed necessary or appropriate to the conduct of activities authorized under this chapter; (8) may establish (through covenants, regulations, agreements, or otherwise) such restrictions, standards, and requirements as are necessary to assure development, maintenance, and protection of the development area in accordance with the development plan; (9) shall seek authority from the Congress to borrow money by issuing marketable obligations, after obtaining proposals from at least three private financial analysts on the feasibility of private versus public financing of the Corporation, which proposals shall be transmitted to the Congress with the development plan as provided in section 874 of this title. (10) may borrow money from the Treasury of the United States in such amounts as may be authorized in appropriation Acts, but not to exceed $120,000,000. Such borrowings from the Treasury shall have such maturities, terms, and conditions as may be agreed upon by the Corporation and the Secretary of the Treasury, but the maturities may not be in excess of forty years, and such borrowings may be redeemable at the option of the Corporation before maturity. Such borrowings shall bear interest at a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of the obligations of the Corporation. The interest payments on such obligations may be deferred with the approval of the Secretary of the Treasury but any interest payment so deferred shall bear interest. Said obligations shall be issued in amounts and at prices approved by the Secretary of the Treasury. The authority of the Corporation to issue obligations hereunder shall remain available without fiscal year limitation. The Secretary of the Treasury is authorized and directed to purchase any obligations of the Corporation to be issued under this paragraph and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction of the United States the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under chapter 31 of title 31 are extended to include any purchase of the Corporation's obligations under this paragraph; (11) may invest any funds held in reserve or sinking funds, or any moneys not required for immediate use or disbursement, with the approval of the Secretary of the Treasury, in obligations of the United States Government, or obligations the principal and interest of which are guaranteed by the United States Government: Provided, That this authority shall not extend to moneys obtained by borrowing from the Government or through appropriations to the Corporation; (12) may procure insurance against any loss in connection with its property and other assets and operations; (13) may contract for and accept any gifts or grants or property or financial or other aid in any form from the Federal Government or any agency or instrumentality thereof, or from any State or any agency or instrumentality thereof, or from any source, and comply subject to the provisions of this chapter, with the terms and conditions thereof; (14) may determine the character of and necessity for its obligations and expenditures, and the manner in which they shall be incurred, allowed, and paid, subject to provisions and laws specifically applicable to wholly owned Government corporations; (15) may prepare or cause to be prepared plans, specifications, designs, and estimates of cost for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any project, and from time to time may modify such plans, specifications, designs, or estimates; (16) may acquire, construct, reconstruct, rehabilitate, improve, alter, or repair or provide for the construction, reconstruction, improvement, alteration, or repair of any project; (17) may grant options to purchase any project or may renew any leases entered into by it in connection with any of its projects, on such terms and conditions as it may deem advisable; (18) may manage any project, owned or leased by the Corporation, and may enter into agreements with the District of Columbia government or any agency or instrumentality thereof, or with any person, firm, partnership, or corporation, either public or private, for the purpose of causing any such project to be managed; (19) shall request the Council of the District of Columbia, when required for implementation of the development plan, to close any street, road, highway, alley, or any part thereon in the development area. If the title to the street, road, highway, or alley so closed is in the United States, the Mayor of the District of Columbia shall convey the title to the land on behalf of the United States to the Corporation, without cost, except that the Corporation shall reimburse the District of Columbia for the administrative expenses of the action. If the title to the street, road, highway, or alley so closed is not in the United States, the Mayor shall convey title to the land on behalf of the District of Columbia to the Corporation, without cost, except that the Corporation shall reimburse the District of Columbia for the administrative costs of the action: Provided, That if the land would have reverted to a private abutting property owner under otherwise applicable law of the District of Columbia, the Corporation shall pay such owner the fair market value of the land that would have reverted to him. (FOOTNOTE 1) (FOOTNOTE 1) So in original. The period should be a semicolon. (20) may transfer title to, interests in, or jurisdiction over real property which has been acquired by the Corporation and is to be devoted to public uses under the development plan, to any agency of the United States or the District of Columbia. Agencies of the United States or the District of Columbia may accept such transfers under this paragraph, and shall thereafter administer and maintain the property in accordance with the development plan and the terms of any transfer agreement. The Director of the National Park Service may transfer title to or interest in public reservations, roadways, spaces, or parks under his jurisdiction within the development area to the Corporation to facilitate implementation of the development plan; and, notwithstanding any other provision of law, the Corporation may utilize such transferred property for any public or private development consistent with the plan. (FOOTNOTE 1) (21) may utilize or employ the services of personnel of any agency or instrumentality of the Federal Government or of the District of Columbia, with the consent of the agency or instrumentality concerned, upon a reimbursable basis, or utilize voluntary or uncompensated personnel; (22) shall publish and disseminate information and make known to potential users, by advertisement, solicitation, or other means, the availability for development of lands in the development area; (23) may execute all instruments necessary or appropriate in the exercise of any of its functions under this chapter, and may delegate to members of the Board or the Executive Director such of its powers and responsibilities as it deems appropriate and useful for the administration of the Corporation; and (24) shall be entitled to the use of the United States mails in the same manner as the executive departments of the Government, and shall have all the rights, privileges, and immunities of the United States with respect to debts due from insolvent, deceased, or bankrupt debtors. -SOURCE- (Pub. L. 92-578, Sec. 6, Oct. 27, 1972, 86 Stat. 1270; Pub. L. 95-629, title I, Sec. 101(2), (3), Nov. 10, 1978, 92 Stat. 3635; Pub. L. 98-141, Sec. 8(a)(1), Oct. 31, 1983, 97 Stat. 910.) -REFTEXT- REFERENCES IN TEXT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in par. (6), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (Sec. 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. -COD- CODIFICATION In par. (10), 'chapter 31 of title 31' substituted for 'the Second Liberty Loan Bond Act, as amended' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. -MISC3- AMENDMENTS 1983 - Par. (10). Pub. L. 98-141 substituted '$120,000,000' for '$100,000,000'. 1978 - Par. (10). Pub. L. 95-629, Sec. 101(2), substituted '$100,000,000' for '$50,000,000' and substituted provisions relating to the availability of the Corporation's authority to issue obligations without fiscal year limitation for provisions which related to the expiration of the Corporation's authority on June 3, 1980, except for obligations to provide funds necessary for the performance of contracts entered into by the Corporation prior to June 3, 1980. Pars. (19) to (24). Pub. L. 95-629, Sec. 101(3), added pars. (19) and (20) and redesignated former pars. (19) to (22) as (21) to (24), respectively. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1104 of this title. ------DocID 44464 Document 710 of 816------ -CITE- 40 USC Sec. 876 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 876. Powers of other Federal and local agencies in the development area; certification of new construction, etc. -STATUTE- (a) Nothing in this chapter shall 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 or the provisions and purposes of this chapter; but no such agency or instrumentality shall release, modify, or depart from any feature or detail of the development plan without the prior approval of the Corporation. (b) After October 1, 1974, no 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 be authorized or conducted within the development area except upon prior certification by the Corporation that the construction is, or may reasonably be expected to be, consistent with the carrying out of the development plan for the area: Provided, That if the development plan for the area does not become effective under the provisions of section 874 of this title by June 30, 1975, this subsection shall be of no further force and effect until such time as the development plan does become effective under that section. -SOURCE- (Pub. L. 92-578, Sec. 7, Oct. 27, 1972, 86 Stat. 1272; Pub. L. 93-427, Sec. 2, Oct. 1, 1974, 88 Stat. 1170.) -MISC1- AMENDMENTS 1974 - Subsec. (b). Pub. L. 93-427 substituted 'the date of the enactment of the Act to amend the Act of October 27, 1972 (86 Stat. 1266)' for 'the date of the enactment of this Act', which for purposes of codification constituted the substitution of 'October 1, 1974' for 'October 27, 1972', and 'by June 30, 1975' for 'within twelve months of the date of enactment of this Act', which, for purposes of codification, had been translated as 'within twelve months of October 27, 1972'. ------DocID 44465 Document 711 of 816------ -CITE- 40 USC Sec. 877 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 877. Corporation as grantee of property -STATUTE- (a) Acquisition and title; Corporation as party to proceedings The title to any real property (or interest therein) acquired under the authority of this chapter shall be taken by and in the name of the Corporation and proceedings for condemnation or other acquisition of property shall be brought by and in the name of the Corporation. (b) Services of local redevelopment agency In the administration of a relocation program or programs pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.), the Corporation may utilize the services of the District of Columbia government. Costs of such services shall be reimbursed by the Corporation to the District of Columbia government. (c) Coordination of relocation programs All relocation services performed by or on behalf of the Corporation shall be coordinated with the District of Columbia's central relocation programs. (d) Preferential rights of displaced owners or tenants Owners and tenants of real property whose residence, or retail, wholesale, service or other business is terminated as a result of acquisitions made pursuant to this chapter shall be granted a preferential right to lease or purchase from the Corporation or its agent such like real property as may become available for a similar use upon implementation of the development plan. Any such preferential right shall be limited to the parties in interest and shall not be transferable or assignable. -SOURCE- (Pub. L. 92-578, Sec. 8, Oct. 27, 1972, 86 Stat. 1273; Pub. L. 95-629, title I, Sec. 101(1)(f), Nov. 10, 1978, 92 Stat. 3635.) -REFTEXT- REFERENCES IN TEXT The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, referred to in subsec. (b), is Pub. L. 91-646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (Sec. 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. -MISC2- AMENDMENTS 1978 - Subsec. (b). Pub. L. 95-629 substituted 'District of Columbia government' for 'District of Columbia Redevelopment Land Agency' in two places. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 874 of this title. ------DocID 44466 Document 712 of 816------ -CITE- 40 USC Sec. 878 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 878. Local needs, primary consideration; compliance with District laws, ordinances, etc. -STATUTE- (a) In effectuating the purposes of this chapter, the Corporation: (1) shall consult and cooperate with District of Columbia officials and community leaders at the earliest practicable time; (2) shall 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) shall foster local initiative and participation in connection with the planning and development of its projects. (b) The Corporation shall comply with all District of Columbia laws, ordinances, codes, and regulations in constructing, reconstructing, rehabilitating, altering, and improving any project: Provided, That the provisions of section 428 of title 5 of the District of Columbia Code shall apply to all the constructing, reconstructing, rehabilitating, altering, and improving of all buildings by the Corporation. The construction, reconstruction, rehabilitation, alteration, and improvement of any project by non-Government sources shall be subject to the provisions of the District of Columbia Code and zoning regulations. -SOURCE- (Pub. L. 92-578, Sec. 9, Oct. 27, 1972, 86 Stat. 1273.) -REFTEXT- REFERENCES IN TEXT Section 428 of title 5 of the District of Columbia Code, referred to in subsec. (b), was transferred to section 5-432 of Title 5, Building Restrictions and Regulations, of the District of Columbia Code. ------DocID 44467 Document 713 of 816------ -CITE- 40 USC Sec. 879 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 879. Tax exemption; payments to District of Columbia government -STATUTE- (a) Since the exercise of the powers granted by this chapter will be in all respects for the benefit of the people, the Corporation is hereby declared to be devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special assessments of every kind of the United States and of the District of Columbia. (b) To the end that the District of Columbia may not suffer undue loss of tax revenue by reason of the provisions of subsection (a) of this section, the Corporation, in connection with any real property acquired and owned by the Corporation in carrying out the provisions of this chapter shall pay to the District of Columbia government an amount equal to the amount of the real property tax which would have been payable to the District of Columbia government beginning on the date of acquisition of such real property by the Corporation if legal title to such property had been held by a private citizen on such date and during all periods to which such date relates. -SOURCE- (Pub. L. 92-578, Sec. 10, Oct. 27, 1972, 86 Stat. 1273.) ------DocID 44468 Document 714 of 816------ -CITE- 40 USC Sec. 880 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 880. Reports and estimates -STATUTE- (a) Annual reports to the President and to Congress The Corporation shall transmit to the President and the Congress, annually each January and at such other times as it deems desirable, a comprehensive and detailed report of its operations, activities, and accomplishments under this chapter. (b) Estimate of additional necessary funds through fiscal year 1990 Within six months after October 31, 1983, the Corporation shall transmit to the Congress an estimate, for each fiscal year, of the additional funds which will be necessary for the Corporation to carry out the development plan through the fiscal year 1990. Such estimate shall include a detailed statement of the projects and other expenditures for which such funds are proposed to be used, together with an estimate of the projected costs thereof. (c) Protection and enhancement of significant historic and architectural values The report submitted under subsection (a) of this section shall include a detailed discussion of the actions the Corporation has taken within the reporting period to protect and enhance the significant historic and architectural values of structures within the boundaries of the Corporation's jurisdiction, and indicating similar actions it plans to take and issues it anticipates dealing with during the upcoming fiscal year related to historic and architectural preservation. Such report shall indicate the degree to which public concern has been considered and incorporated into decisions made by the Corporation relative to historic and architectural preservation. -SOURCE- (Pub. L. 92-578, Sec. 11, Oct. 27, 1972, 86 Stat. 1274; Pub. L. 98-141, Sec. 8(d), Oct. 31, 1983, 97 Stat. 910.) -MISC1- AMENDMENTS 1983 - Pub. L. 98-141 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). ------DocID 44469 Document 715 of 816------ -CITE- 40 USC Sec. 881 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 881. Civil service retirement and disability fund; contributions -STATUTE- (a) The Corporation shall contribute to the civil service retirement and disability fund, on the basis of annual billings as determined by the Director of the Office of Personnel Management for the excess, if any, of the Government's share of the normal cost of the civil service retirement system applicable to the Corporation's employees and their beneficiaries over the agency contributions required by section 8334(a)(1) of title 5. (b) The Corporation shall include in the annual billings provided for under subsection (a) of this section, a statement of the fair portion of the cost of the administration of the fund, which shall be paid by the Corporation into the Treasury as miscellaneous receipts. -SOURCE- (Pub. L. 92-578, Sec. 12, Oct. 27, 1972, 86 Stat. 1274; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat. 3783.) -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Civil Service Commission' in subsec. (a), pursuant to Reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. ------DocID 44470 Document 716 of 816------ -CITE- 40 USC Sec. 882 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 882. Assets and funds for conduct of business -STATUTE- The Corporation is authorized to use in the conduct of its business all its funds and other assets and all funds and other assets which have been or may hereafter be transferred to, allocated to, borrowed by, or otherwise acquired by it. -SOURCE- (Pub. L. 92-578, Sec. 13, Oct. 27, 1972, 86 Stat. 1274.) ------DocID 44471 Document 717 of 816------ -CITE- 40 USC Sec. 883 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 883. Violations and penalties -STATUTE- (a) Larceny, embezzlement, or conversion All general penal statutes relating to the larceny, embezzlement, or conversion of public moneys or property of the United States shall apply to moneys and property of the Corporation. (b) False entries, reports, or statements Any person who, with intent to defraud the Corporation, or to deceive any director, officer, or employee of the Corporation or any officer or employee of the United States, (1) makes any false entry in any book of the Corporation, or (2) makes any false report or statement for the Corporation, shall, upon conviction thereof, be fined not more than $10,000 or imprisoned not more than five years, or both. (c) Rebates and conspiracies Any person who with intent to defraud the Corporation (1) receives any compensation, rebate, or reward, or (2) enters into any conspiracy, collusion, or agreement, express or implied, shall, on conviction thereof, be fined not more than $5,000 or imprisoned not more than five years, or both. -SOURCE- (Pub. L. 92-578, Sec. 14, Oct. 27, 1972, 86 Stat. 1274.) ------DocID 44472 Document 718 of 816------ -CITE- 40 USC Sec. 884 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 884. Separability -STATUTE- If any provisions of this chapter or the application thereof to any body, agency, situation, or circumstances is held invalid the remainder of the chapter and the application of such provision to other bodies, agencies, situations, or circumstances shall not be affected thereby. -SOURCE- (Pub. L. 92-578, Sec. 16, Oct. 27, 1972, 86 Stat. 1274.) ------DocID 44473 Document 719 of 816------ -CITE- 40 USC Sec. 885 -EXPCITE- TITLE 40 CHAPTER 19 -HEAD- Sec. 885. Authorization of appropriations; prohibition of appropriations from Land and Water Conservation Fund -STATUTE- (a) In addition to the sums heretofore appropriated, there are authorized to be appropriated for operating and administrative expenses of the Corporation $3,000,000 for the fiscal year ending September 30, 1979; $3,200,000 for the fiscal years ending September 30, 1980, and September 30, 1981; and $3,500,000 for the fiscal years ending September 30, 1982, and September 30, 1983. There are further authorized to be appropriated for operating and administrative expenses of the Corporation sums not to exceed $3,250,000, each, for the fiscal years ending September 30, 1984, September 30, 1985, September 30, 1986, September 30, 1987, and September 30, 1988. There are further authorized to be appropriated for operating and administrative expenses of the Corporation $2,353,000 for the fiscal year 1989; $2,650,000 for the fiscal year 1990; $2,400,000 for the fiscal year 1991; and $2,200,000 for the fiscal year 1992. (b) To commence implementation of the development plan authorized by section 874 of this title, there are authorized to be appropriated to the Corporation through the fiscal years ending September 30, 1978, $38,800,000, for fiscal year 1979, $15,000,000, for fiscal year 1980, $35,000,000, for fiscal year 1981, $25,000,000, for fiscal year 1982, $30,000,000, and, for fiscal 1983, $35,000,000. For the authorizations made in this subsection, any amounts authorized but not appropriated in any fiscal year shall remain available for appropriation in succeeding years. Any amounts appropriated under this subsection shall remain available without fiscal year limitation. Provided, That appropriations made under the authority of this paragraph shall include sufficient funds to assure the development of square 225 as a demonstration area for the development plan, and shall assure the preservation of the structure now located on square 225 known as the Willard Hotel and its historic facade. No appropriations shall be made from the Land and Water Conservation Fund established by the Act of September 30, 1964 (78 Stat. 897, as amended) (16 U.S.C. 460l-4 et seq.), to effectuate the purposes of this chapter. -SOURCE- (Pub. L. 92-578, Sec. 17, Oct. 27, 1972, 86 Stat. 1275; Pub. L. 93-427, Sec. 3, Oct. 1, 1974, 88 Stat. 1170; Pub. L. 94-388, Aug. 14, 1976, 90 Stat. 1188; Pub. L. 95-629, title I, Sec. 101(4), Nov. 10, 1978, 92 Stat. 3636; Pub. L. 98-141, Sec. 8(a)(2), Oct. 31, 1983, 97 Stat. 910; Pub. L. 100-415, Aug. 22, 1988, 102 Stat. 1104.) -REFTEXT- REFERENCES IN TEXT Act of September 30, 1964, referred to in subsec. (b), probably means the act of Sept. 3, 1964, Pub. L. 88-578, 78 Stat. 897, as amended, known as the Land and Water Conservation Fund Act of 1965, which is classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 460l-4 of Title 16 and Tables. -MISC2- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-415 inserted provision authorizing appropriations of $2,353,000 for the fiscal year 1989, $2,650,000 for the fiscal year 1990, $2,400,000 for the fiscal year 1991, and $2,200,000 for the fiscal year 1992, for operating and administrative expenses of the Corporation. 1983 - Subsec. (a). Pub. L. 98-141 inserted provisions authorizing appropriations for operating and administrative expenses of not to exceed $3,250,000 for each of the fiscal years 1984, 1985, 1986, 1987, and 1988. 1978 - Subsec. (a). Pub. L. 95-629 substituted provisions authorizing appropriations for operating and administrative expenses of the Corporation for fiscal years ending Sept. 30, 1979, 1980, 1981, 1982 and 1983 for provisions which authorized appropriations for operating and administrative expenses of not to exceed $1,300,000 for the fiscal year ending June 30, 1976, $325,000 for the period July 1 through Sept. 30, 1976, and $1,500,000 each, for the fiscal years ending Sept. 30, 1977 and 1978. Subsec. (b). Pub. L. 95-629 inserted provisions authorizing appropriations for fiscal years 1979, 1980, 1981, 1982 and 1983, and substituted provisions directing that any amounts authorized but not appropriated in any fiscal year remain available for appropriation in succeeding years and that amounts appropriated remain available without fiscal year limitation for provisions that appropriations would remain available without fiscal year limitation through Sept. 30, 1990. 1976 - Subsec. (a). Pub. L. 94-388 designated existing provisions as subsec. (a) and substituted provisions authorizing appropriations not to exceed $1,300,000 for fiscal year ending June 30, 1976; $325,000 for the period July 1 through Sept. 30, 1976, and $1,500,000 each, for fiscal years ending Sept. 30, 1977 and Sept. 30, 1978 for provision authorizing appropriations not to exceed $1,750,000, struck out provision for appropriation for the development of the plan to be prepared pursuant to section 874 of this title, and provision prohibiting an appropriation from the Land and Water Conservation Fund established by section 460l-5 of Title 16 to effectuate the purposes of this chapter. Subsec. (b). Pub. L. 94-388 added subsec. (b). 1974 - Pub. L. 93-427 substituted '$1,750,000 for the operating and administrative expenses of the Corporation and' for '$1,000,000'. ------DocID 44474 Document 720 of 816------ -CITE- 40 USC CHAPTER 20 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- CHAPTER 20 - FEDERAL MOTOR VEHICLE EXPENDITURE CONTROL -MISC1- Sec. 901. Monitoring system. 902. Data collection. (a) Cost identification and analysis. (b) Requirements for data systems. 903. Agency statements with respect to motor vehicle use. (a) Contents of statement. (b) Compliance with requirements. 904. Presidential report. (a) Summary and analysis of agency statements. (b) Applicability to fiscal year 1986. 905. Study required. (a) Study of costs, benefits, and feasibility. (b) Submission to Director and Comptroller General. 906. Interagency consolidation. (a) Identification of opportunities for consolidation. (b) Report and action on findings. 907. Reduction of storage and disposal costs. 908. Savings. (a) Actions by President required. (b) Monitoring of compliance and compliance report. 909. Compliance. (a) Administrator of General Services. (b) Managers of other motor pools. 910. Applicability. (a) Priority in reducing headquarters use. (b) Regulations, standards, and definitions. 911. Cooperation. 912. Reports. 913. Definitions. ------DocID 44475 Document 721 of 816------ -CITE- 40 USC Sec. 901 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 901. Monitoring system -STATUTE- The head of each executive agency, including the Department of Defense, shall designate one office, officer, or employee of the agency to establish and operate a central monitoring system for, and provide oversight of, the motor vehicle operations of the agency, related activities, and related reporting requirements. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15301, Apr. 7, 1986, 100 Stat. 335.) ------DocID 44476 Document 722 of 816------ -CITE- 40 USC Sec. 902 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 902. Data collection -STATUTE- (a) Cost identification and analysis The head of each executive agency, including the Department of Defense, shall develop a system to identify, collect, and analyze data with respect to all costs, including obligations and outlays, incurred by the agency in the operation, maintenance, acquisition, and disposition of motor vehicles, including Government-owned vehicles, leased vehicles, and privately owned vehicles used for official purposes. (b) Requirements for data systems The Administrator, in cooperation with the Comptroller General and the Director, shall promulgate requirements governing the establishment and operation by executive agencies of the systems required by subsection (a) of this section, including requirements with respect to data concerning the costs and uses of motor vehicles and with respect to the uniform collection and submission of such data. Requirements promulgated under this section shall be in conformance with accounting principles and standards issued by the Comptroller General. Each executive agency, including the Department of Defense, shall comply with such requirements. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15302, Apr. 7, 1986, 100 Stat. 335.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 903 of this title. ------DocID 44477 Document 723 of 816------ -CITE- 40 USC Sec. 903 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 903. Agency statements with respect to motor vehicle use -STATUTE- (a) Contents of statement The head of each executive agency, including the Department of Defense, shall include with the appropriation request of such agency submitted under section 1108 of title 31 for fiscal year 1988 and each succeeding fiscal year, a statement - (1) specifying - (A) the total motor vehicle acquisition, maintenance, leasing, operation, and disposal costs, including obligations and outlays, incurred by such agency in the most recently completed fiscal year; and (B) an estimate of such costs for the fiscal year in which such 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 operated by the Administrator, a qualified private fleet management firm, or any other method which is less costly to the Government. (b) Compliance with requirements The head of each executive agency shall comply with the requirements promulgated under section 902(b) of this title in preparing each statement required under subsection (a) of this section. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15303, Apr. 7, 1986, 100 Stat. 336.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 904 of this title. ------DocID 44478 Document 724 of 816------ -CITE- 40 USC Sec. 904 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 904. Presidential report -STATUTE- (a) Summary and analysis of agency statements The President shall include with the budget transmitted pursuant to section 1105 of title 31 for fiscal year 1988 and each succeeding fiscal year, or in a separate written report to the Congress for each such fiscal year, a summary and analysis of the statements most recently submitted by the heads of executive agencies pursuant to section 903(a) of this title. Each such summary and analysis shall include a review, for the fiscal year preceding the fiscal year in which the budget is submitted, the current fiscal year, and the fiscal year for which the budget is submitted, of the cost savings that have been achieved, that are estimated will be achieved, and that could be achieved, in the acquisition, maintenance, leasing, operation, and disposal of motor vehicles by executive agencies through - (1) the use of a qualified private fleet management firm or another private contractor; (2) increased reliance by executive agencies on the Interagency Fleet Management System operated by the Administrator; or (3) other existing motor vehicle management systems. (b) Applicability to fiscal year 1986 The summary and analysis submitted under subsection (a) of this section during fiscal year 1987 is not required to include a review, under the second sentence of such subsection, of the cost savings achieved for fiscal year 1986. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15304, Apr. 7, 1986, 100 Stat. 336.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 908 of this title. ------DocID 44479 Document 725 of 816------ -CITE- 40 USC Sec. 905 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 905. Study required -STATUTE- (a) Study of costs, benefits, and feasibility (1) The head of each executive agency, including the Department of Defense, shall conduct a comprehensive and detailed study of the costs, benefits, and feasibility of - (A) relying on the Interagency Management Fleet System operated by the Administrator; (B) entering into a contract with a qualified fleet management firm or another private contractor; or (C) using any other means less costly to the Government, to meet its motor vehicle operation, maintenance, leasing, acquisition, and disposal requirements. (2) Each study conducted under paragraph (1) shall compare the costs, benefits, and feasibility of the alternatives described in subparagraphs (A), (B), and (C) of such paragraph to the costs and benefits of the agency's current motor vehicle operations and, in the case of the alternatives described in subparagraphs (B) and (C) of such paragraph, to the costs, benefits, and feasibility of the use of the Interagency Fleet Management System operated by the Administrator. (b) Submission to Director and Comptroller General Within 6 months after April 7, 1986, the head of each executive agency shall submit a report concerning the study required under subsection (a) of this section to the Administrator. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15305, Apr. 7, 1986, 100 Stat. 336.) ------DocID 44480 Document 726 of 816------ -CITE- 40 USC Sec. 906 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 906. Interagency consolidation -STATUTE- (a) Identification of opportunities for consolidation The Administrator shall review and identify interagency opportunities for the consolidation of motor vehicles, related equipment, and facilities, and of functions relating to the administration and management of such vehicles, equipment, and facilities, in order to reduce the size and cost of the Federal Government's motor vehicle fleet. (b) Report and action on findings Within one year after April 7, 1986, the Administrator shall - (1) submit a report to the Congress specifying the findings and recommendations of the Administrator from the review conducted under subsection (a) of this section; and (2) take such action as the Administrator considers appropriate based on such findings and recommendations and in accordance with section 491 of this title. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15306, Apr. 7, 1986, 100 Stat. 337.) ------DocID 44481 Document 727 of 816------ -CITE- 40 USC Sec. 907 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 907. Reduction of storage and disposal costs -STATUTE- The Administrator 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. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15307, Apr. 7, 1986, 100 Stat. 337.) ------DocID 44482 Document 728 of 816------ -CITE- 40 USC Sec. 908 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 908. Savings -STATUTE- (a) Actions by President required The President shall establish, for each executive agency, including the Department of Defense, goals to reduce outlays for the operation, maintenance, leasing, acquisition, and disposal of motor vehicles in order to reduce, by fiscal year 1988, the total amount of outlays by all executive agencies for such operation, maintenance, leasing, acquisition, and disposal to an amount which is $150,000,000 less than the amount for such operation, maintenance, leasing, acquisition, and disposal requested by the President in the budget submitted under section 1105 of title 31 for fiscal year 1986. (b) Monitoring of compliance and compliance report The Director shall monitor compliance by executive agencies with the goals established by the President under subsection (a) of this section and shall include, in each summary and analysis required under section 904 of this title, a statement specifying the reductions in expenditures by executive agencies, including the Department of Defense, achieved under such goals. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15308, Apr. 7, 1986, 100 Stat. 337.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 910 of this title. ------DocID 44483 Document 729 of 816------ -CITE- 40 USC Sec. 909 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 909. Compliance -STATUTE- (a) Administrator of General Services The Administrator shall comply with and be subject to the provisions of this chapter with regard to all motor vehicles that are used within the General Services Administration for official purposes. (b) Managers of other motor pools The provisions of this chapter with respect to motor vehicles from the Interagency Fleet Management System shall be complied with by the executive agencies to which such motor vehicles are assigned. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15309, Apr. 7, 1986, 100 Stat. 338.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this part' and was translated as reading 'this subtitle' as the probable intent of Congress because title XV of Pub. L. 99-272 does not contain part designations. ------DocID 44484 Document 730 of 816------ -CITE- 40 USC Sec. 910 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 910. Applicability -STATUTE- (a) Priority in reducing headquarters use The heads of executive agencies shall give first priority to meeting the goals established by the President under section 908(a) of this title by reducing the costs of administrative motor vehicles used at the headquarters and regional headquarters of executive agencies, rather than by reducing the costs of motor vehicles used by line agency personnel working in agency field operations or activities. (b) Regulations, standards, and definitions The President shall require the Administrator, in cooperation with the Director, to promulgate appropriate regulations, standards, and definitions to assure that executive agencies meet the goals established under section 908(a) of this title in the manner prescribed by subsection (a) of this section. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15310, Apr. 7, 1986, 100 Stat. 338.) ------DocID 44485 Document 731 of 816------ -CITE- 40 USC Sec. 911 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 911. Cooperation -STATUTE- The Director and the Administrator shall closely cooperate in the implementation of the provisions of this chapter. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15311, Apr. 7, 1986, 100 Stat. 338.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this part' and was translated as reading 'this subtitle' as the probable intent of Congress because title XV of Pub. L. 99-272 does not contain part designations. ------DocID 44486 Document 732 of 816------ -CITE- 40 USC Sec. 912 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 912. Reports -STATUTE- The Comptroller General shall evaluate the extent to which the Director, the Administrator, and executive agencies have complied with this chapter. By January 31, 1988, the Comptroller General shall submit a report to the Congress describing the results of such evaluation. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15312, Apr. 7, 1986, 100 Stat. 338.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in text, was in the original 'this part' and was translated as reading 'this subtitle' as the probable intent of Congress because title XV of Pub. L. 99-272 does not contain part designations. ------DocID 44487 Document 733 of 816------ -CITE- 40 USC Sec. 913 -EXPCITE- TITLE 40 CHAPTER 20 -HEAD- Sec. 913. Definitions -STATUTE- For purposes of this chapter - (1) the term 'executive agency' means an Executive agency (as such term is defined in section 105 of title 5), which operates at least three hundred motor vehicles, except that such term does not include the Tennessee Valley Authority; (2) the term 'Director' means the Director of the Office of Management and Budget; (3) the term 'Administrator' means the Administrator of General Services; (4) the term 'Comptroller General' means the Comptroller General of the United States; and (5) the term 'motor vehicle' means any vehicle self-propelled or drawn by mechanical power, except that such term does not include any 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. -SOURCE- (Pub. L. 99-272, title XV, Sec. 15313, Apr. 7, 1986, 100 Stat. 338.) -REFTEXT- REFERENCES IN TEXT This chapter, referred to in introductory provision, was in the original 'this title' meaning title XV (Sec. 15101 to 15313) of Pub. L. 99-272, Apr. 7, 1986, 100 Stat. 332, which enacted this chapter, amended sections 5504, 8339, 8341, and 8906 of Title 5, Government Organization and Employees, section 4109 of Title 38, Veterans Benefits, and section 3626 of Title 39, Postal Service, and enacted provisions set out as notes under sections 5303, 5343, 5504, 8339, and 8909 of Title 5 and sections 2401 and 3626 of Title 39. For complete classification of title XV to the Code, see Tables. This chapter, referred to in par. (5), was in the original 'this part' and was translated as reading 'this subtitle' as the probable intent of Congress because title XV of Pub. L. 99-272 does not contain part designations. ------DocID 44488 Document 734 of 816------ -CITE- 40 USC CHAPTER 21 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- CHAPTER 21 - NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS -MISC1- Sec. 1001. Purposes. 1002. Definitions. 1003. Congressional authorization of commemorative works in District of Columbia and environs. 1004. National Capital Memorial Commission. 1005. Availability of map depicting Areas I and II. 1006. Specific conditions applicable to Areas I and II. (a) Area I. (b) Area II. 1007. Site and design approval. 1008. Criteria for issuance of construction permit. 1009. Temporary site designation. 1010. Miscellaneous provisions. (a) Documentation of design and construction to Secretary or Administrator. (b) Expiration of legislative authority for commemorative work. (c) Responsibility for maintenance of completed work. (d) Promulgation and publication of regulations. (e) Commemorative works to which applicable. ------DocID 44489 Document 735 of 816------ -CITE- 40 USC Sec. 1001 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1001. Purposes -STATUTE- The purposes of this chapter are as follows: (a) to preserve the integrity of the comprehensive design of the L'Enfant and McMillan plans for the Nation's Capital; (b) to ensure the continued public use and enjoyment of open space in the District of Columbia; (c) to preserve, protect and maintain the limited amount of open space available to residents of, and visitors to, the Nation's Capital; and (d) to ensure that future commemorative works in areas administered by the National Park Service and the General Services Administration in the District of Columbia and its environs (1) are appropriately designed, constructed, and located and (2) reflect a consensus of the lasting national significance of the subjects involved. -SOURCE- (Pub. L. 99-652, Sec. 1, Nov. 14, 1986, 100 Stat. 3650.) -CROSS- CROSS REFERENCES National and international monuments and memorials, see section 431 et seq. of Title 16, Conservation. ------DocID 44490 Document 736 of 816------ -CITE- 40 USC Sec. 1002 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1002. Definitions -STATUTE- As used in this chapter - (a) the term 'Secretary' means the Secretary of the Interior; (b) the term 'Administrator' means the Administrator of the General Services Administration; (c) the term 'commemorative work' means any statue, monument, sculpture, memorial, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of a person, group, event or other significant element of history. The term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes; (d) the term 'person' means an individual, group or organization authorized by Congress to establish a commemorative work in the District of Columbia and its environs; (e) notwithstanding any other provision of law, the term 'the District of Columbia and its environs' means those lands and properties administered by the National Park Service and the General Services Administration located in Areas I and II as depicted on the map numbered 869/86501, and dated May 1, 1986. -SOURCE- (Pub. L. 99-652, Sec. 2, Nov. 14, 1986, 100 Stat. 3650.) ------DocID 44491 Document 737 of 816------ -CITE- 40 USC Sec. 1003 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1003. Congressional authorization of commemorative works in District of Columbia and environs -STATUTE- (a) No commemorative work may be established in the District of Columbia and its environs unless specifically authorized by law. All such authorized commemorative works shall be subject to applicable provisions of this chapter. (b) In considering legislation authorizing commemorative works within the District of Columbia and its environs, the Committee on House Administration of the House of Representatives and the Energy and Natural Resources Committee of the Senate shall solicit the views of the National Capital Memorial Commission. -SOURCE- (Pub. L. 99-652, Sec. 3, Nov. 14, 1986, 100 Stat. 3651; Pub. L. 100-202, Sec. 101(f) (title II, Sec. 3), Dec. 22, 1987, 101 Stat. 1329-196; Pub. L. 100-230, Sec. 3, Jan. 5, 1988, 101 Stat. 1564.) -MISC1- AMENDMENTS 1988 - Subsec. (a). Pub. L. 100-230 made amendment identical to that made by Pub. L. 100-202, see 1987 Amendment note below. 1987 - Subsec. (a). Pub. L. 100-202 substituted 'authorized by law' for 'authorized by Act of Congress' in first sentence. Commemorative Works --------------------------------------------------------------------- Name Authorization --------------------------------------------------------------------- American Armored Force Memorial Pub. L. 99-620, Nov. 6, 1986, 100 Stat. 3493. Black Revolutionary War Patriots Pub. L. 99-500, Sec. 101(h) Memorial (title I, Sec. 118), Oct. 18, 1986, 100 Stat. 1783-242, 1783- 266, and Pub. L. 99-591, Sec. 101(h) (title I, Sec. 118), Oct. 30, 1986, 100 Stat. 3341-242, 3341-266; Pub. L. 99-558, Oct. 27, 1986, 100 Stat. 3144; Pub. L. 99-590, title VIII, Sec. 801, 802, Oct. 30, 1986, 100 Stat. 3339; Pub. L. 100-265, Mar. 25, 1988, 102 Stat. 39. Francis Scott Key Memorial Pub. L. 99-531, Oct. 27, 1986, 100 Stat. 3022. George Mason Memorial Pub. L. 101-358, Aug. 10, 1990, 104 Stat. 419. Korean War Veterans Memorial Pub. L. 99-572, Oct. 28, 1986, 100 Stat. 3226; Pub. L. 100-202, Sec. 101(f) (title II, Sec. 1, 2), Dec. 22, 1987, 101 Stat. 1329-195, 1329-196; Pub. L. 100- 230, Sec. 1, 2, Jan. 5, 1988, 101 Stat. 1563; Pub. L. 100-267, Mar. 28, 1988, 102 Stat. 41. Vietnam Women's Memorial Pub. L. 100-660, Nov. 15, 1988, 102 Stat. 3922; Pub. L. 101-187, Nov. 28, 1989, 103 Stat. 1350. Women in the Armed Forces Memorial Pub. L. 99-500, Sec. 101(h) (title I, Sec. 117), Oct. 18, 1986, 100 Stat. 1783-242, 1783- 266, and Pub. L. 99-591, Sec. 101(h) (title I, Sec. 117), Oct. 30, 1986, 100 Stat. 3341-242, 3341-266; Pub. L. 99-590, title IX, Sec. 901, 902, Oct. 30, 1986, 100 Stat. 3339; Pub. L. 99- 610, Nov. 6, 1986, 100 Stat. 3477. ------------------------------- ------DocID 44492 Document 738 of 816------ -CITE- 40 USC Sec. 1004 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1004. National Capital Memorial Commission -STATUTE- (a) The National Capital Memorial Advisory Committee as established by the Secretary is redesignated as the National Capital Memorial Commission. The membership of the Commission shall be expanded to include: Director, National Park Service (Chairman) Architect of the Capitol Chairman, American Battle Monuments Commission Chairman, Commission of Fine Arts Chairman, National Capital Planning Commission Mayor, District of Columbia Commissioner, Public Building Service, General Services Administration Secretary, Department of Defense (b) The National Capital Memorial Commission shall advise the Secretary and the Administrator on policy and procedures for establishment of (and proposals to establish) commemorative works in the District of Columbia and its environs, as well as such other matters concerning commemorative works in the Nation's Capital as it may deem appropriate. The Commission shall meet at least twice annually. -SOURCE- (Pub. L. 99-652, Sec. 4, Nov. 14, 1986, 100 Stat. 3651.) ------DocID 44493 Document 739 of 816------ -CITE- 40 USC Sec. 1005 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1005. Availability of map depicting Areas I and II -STATUTE- The Secretary and the Administrator shall make available, for public inspection at appropriate offices of the National Park Service and the General Services Administration, the map numbered 869/86501, and dated May 1, 1986. -SOURCE- (Pub. L. 99-652, Sec. 5, Nov. 14, 1986, 100 Stat. 3651.) ------DocID 44494 Document 740 of 816------ -CITE- 40 USC Sec. 1006 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1006. Specific conditions applicable to Areas I and II -STATUTE- (a) Area I The conditions set forth in subsection (b) of this section shall apply to the location of a commemorative work in Area I or in Area II. In addition, the Secretary or Administrator (as appropriate) may approve the location of a commemorative work in Area I only if he finds that the subject of the commemorative work is of preeminent historical and lasting significance to the Nation. The Secretary or Administrator (as appropriate) shall notify, after consultation with the National Capital Memorial Commission, the Congress of his determination that a commemorative work should be located in Area I. The location of a commemorative work in Area I shall be deemed disapproved, unless, not later than 150 days after such notification, the location is approved by law. (b) Area II Commemorative works of subjects of lasting historical significance may be located in Area II, subject to the following conditions: (1) A military commemorative work may be established in Area II only to commemorate a war or similar major military conflict or to commemorate any branch of the Armed Forces. No commemorative work commemorating a lesser conflict or a unit of an Armed Force shall be permitted in Area II. (2) A commemorative work commemorating an individual or group of individuals, other than a military commemorative work as described in subsection (b)(1) of this section, shall not be permitted in Area II until at least twenty-five years after the death of the individual or the last surviving member of the group. (3) A commemorative work other than a work referred to in paragraph (1) or (2) may be constructed in Area II only to commemorate a subject of lasting historical significance. -SOURCE- (Pub. L. 99-652, Sec. 6, Nov. 14, 1986, 100 Stat. 3651.) ------DocID 44495 Document 741 of 816------ -CITE- 40 USC Sec. 1007 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1007. Site and design approval -STATUTE- (a) Any person authorized by law to establish a commemorative work in the District of Columbia and its environs shall comply with each of the following requirements before commencing construction of the commemorative work: (1) Such person shall consult with the National Capital Memorial Commission regarding the commemorative work. Such consultation shall include consideration of potential sites in the District of Columbia and its environs. (2) Following consultation in accordance with paragraph (1), the Secretary or Administrator (as appropriate) shall submit, on behalf of such person, site and design proposals to the Commission of Fine Arts and the National Capital Planning Commission and the Secretary or Administrator (as appropriate) for their approval. (b) In considering site and design proposals, the Commission of Fine Arts, the National Capital Planning Commission and the Secretary and Administrator shall be guided by the following criteria: (1) to the maximum extent possible, a commemorative work shall be located in surroundings that are relevant to the subject of the commemorative work; (2) a commemorative work shall be so located as to prevent interference with, or encroachment upon, any existing commemorative work and to protect, to the maximum extent practicable, open space and existing public use; and (3) a commemorative work shall be constructed of durable material suitable to the outdoor environment. Landscape features of commemorative works shall be compatible with the climate. -SOURCE- (Pub. L. 99-652, Sec. 7, Nov. 14, 1986, 100 Stat. 3652.) ------DocID 44496 Document 742 of 816------ -CITE- 40 USC Sec. 1008 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1008. Criteria for issuance of construction permit -STATUTE- (a) Prior to issuing a permit for the construction of a commemorative work in the District of Columbia and its environs, the Secretary or Administrator (as appropriate) shall determine that: (1) the site and design have been approved by the Secretary or Administrator (as appropriate), the National Capital Planning Commission and the Commission of Fine Arts; (2) knowledgeable persons qualified in the field of preservation and maintenance have been consulted to determine structural soundness and durability of the commemorative work, and to assure that the commemorative work meets high professional standards; (3) the person authorized to construct the commemorative work has submitted contracts for construction and drawings of the commemorative work to the Secretary or Administrator (as appropriate); and (4) the person authorized to construct the commemorative work has available sufficient funds to complete construction of the project. (b) In addition to the foregoing criteria, no construction permit shall be issued unless the person authorized to construct the commemorative work has donated an amount equal to 10 per centum of the total estimated cost of construction to offset the costs of perpetual maintenance and preservation of the commemorative work: Provided, That 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 per centum of the funding for such work is provided by private sources. (1) Notwithstanding any other provision of law, all moneys provided by persons for maintenance pursuant to this subsection shall be credited to a separate account in the Treasury. (2) Congress authorizes and directs that the Secretary of the Treasury shall make all or a portion of such moneys available to the Secretary or the Administrator at his request for maintenance of commemorative works. Under no circumstances may the Secretary or Administrator request funds from the separate account exceeding the total moneys deposited by persons establishing commemorative works in areas he administers. The Secretary and the Administrator shall maintain an inventory of funds available for such purposes: Provided, That such moneys shall not be subject to annual appropriations. -SOURCE- (Pub. L. 99-652, Sec. 8, Nov. 14, 1986, 100 Stat. 3652.) ------DocID 44497 Document 743 of 816------ -CITE- 40 USC Sec. 1009 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1009. Temporary site designation -STATUTE- (a) If the Secretary, in consultation with the National Capital Memorial Commission, determines that a site where commemorative works may be displayed on a temporary basis is necessary in order to aid in the preservation of the limited amount of open space available to residents of, and visitors to, the Nation's Capital, he may designate such a site on lands administered by him in the District of Columbia. A designation may not be made under the preceding sentence unless, at least one hundred and twenty days before the designation, the Secretary, in consultation with the National Capital Memorial Commission, prepares and submits to the Congress a plan for the site. The plan shall include specifications for the location, construction, and administration of the site, and criteria for displaying commemorative works at the site. (b) Any commemorative work displayed at the site shall be installed, maintained, and removed at the sole expense and risk of the person authorized to display the commemorative works. Such person shall agree to indemnify the United States for any liability arising from the display of the commemorative work under this section. -SOURCE- (Pub. L. 99-652, Sec. 9, Nov. 14, 1986, 100 Stat. 3653.) ------DocID 44498 Document 744 of 816------ -CITE- 40 USC Sec. 1010 -EXPCITE- TITLE 40 CHAPTER 21 -HEAD- Sec. 1010. Miscellaneous provisions -STATUTE- (a) Documentation of design and construction to Secretary or Administrator Complete documentation of design and construction of each commemorative work located in the District of Columbia and its environs shall be provided to the Secretary or the Administrator (as appropriate) and shall be permanently maintained in the manner provided by law. (b) Expiration of legislative authority for commemorative work Any legislative authority for a commemorative work shall expire at the end of the five-year period beginning on the date of the enactment of such authority, unless the Secretary or Administrator (as appropriate) has issued a construction permit for the commemorative work during that period. (c) Responsibility for maintenance of completed work Upon completion of any commemorative work within the District of Columbia and its environs, the Secretary or Administrator (as appropriate) shall assume responsibility for the maintenance of such work. (d) Promulgation and publication of regulations The Secretary and the Administrator shall promulgate appropriate regulations to carry out this chapter. The regulations shall be published in the Federal Register within one hundred and twenty days after November 14, 1986. (e) Commemorative works to which applicable This chapter shall not apply to commemorative works authorized by a law enacted before the commencement of the Ninety-ninth Congress. -SOURCE- (Pub. L. 99-652, Sec. 10, Nov. 14, 1986, 100 Stat. 3654.) -REFTEXT- REFERENCES IN TEXT The commencement of the Ninety-ninth Congress, referred to in subsec. (e), was Jan. 3, 1985. ------DocID 44499 Document 745 of 816------ -CITE- 40 USC CHAPTER 22 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- CHAPTER 22 - FEDERAL TRIANGLE DEVELOPMENT -MISC1- Sec. 1101. Findings and purposes. (a) Findings. (b) Purposes. 1102. Federal Triangle property. (a) Transfer to PADC. (b) Adjoining property and rights-of-way. 1103. Development proposal. (a) Preparation and contents. (b) Limitations. (c) Consultation requirement. (d) Duties of Administrator and Commission. (e) Review and approval of development proposal by GSA and others. (f) Submission for Congressional review. (g) Funding. 1104. Construction of building. (a) Selection process. (b) Development agreement. (c) Connection with rail system. (d) Construction standards and inspection. (e) Treatment of PADC. (f) Applicability of certain laws. (g) Treatment of Federal Triangle development area. (h) Powers of Corporation. (i) Authorization of appropriation. 1105. Lease of building by GSA. (a) Entry into agreement. (b) Terms of agreement. (c) Accounting system. (d) Obligation of funds. 1106. International Cultural and Trade Center Commission. (a) Establishment. (b) Duties of Commission. (c) Membership. (d) Staff of Commission. (e) Office space and supplies. (f) Powers of Commission. (g) Limitation on expenses. (h) Funding. 1107. Operation and management of international cultural and trade center. (a) Lease of space. (b) Establishment of center. (c) Rents and fees. (d) Separate account. (FOOTNOTE 1) (h) Annual report and budget. (FOOTNOTE 1) So in original. There are no subsecs. (e), (f), and (g). 1108. Designation of Departmental Auditorium. 1109. Definitions. ------DocID 44500 Document 746 of 816------ -CITE- 40 USC Sec. 1101 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1101. Findings and purposes -STATUTE- (a) Findings The Congress finds and declares that - (1) it is in the national interest to build a Federal building complex and establish an international cultural and trade center on the Federal Triangle property in the District of Columbia; (2) development of such a Federal building complex will permit consolidation of a number of Federal agencies which are currently housed in numerous, scattered locations and will enable more economical and efficient use of building space and environs; (3) inclusion of an international cultural and trade center within the Federal building complex will create and enhance opportunities for American trade, commerce, communications, and cultural exchanges with other nations and complement the work of Federal, State, and local agencies in the areas of international trade and cultural exchange; and (4) the appropriate development, maintenance, and use of the Federal Triangle property should be a joint development effort of the General Services Administration, the Pennsylvania Avenue Development Corporation, and the International Cultural and Trade Center Commission. (b) Purposes The purposes of this chapter are as follows: (1) To transfer the Federal Triangle property from the Administrator of General Services to the Pennsylvania Avenue Development Corporation. (2) To grant to the Corporation the power of eminent domain to acquire certain properties and rights-of-way adjacent to the Federal Triangle site and to authorize the Corporation to exercise such power as may be necessary to further the public interest. (3) To authorize the Corporation, after consultation with the Secretary of State, the Administrator, and the Commission, to prepare plans for development of such property. (4) To establish a process for review and selection of such plans and, after completion of such review process, to authorize the Corporation to enter into an agreement with a private developer selected for the development of such property. (5) To ensure that the design and construction of the Federal building complex on such property will insofar as practicable be in accordance with the guiding principles for Federal architecture recommended by the Committee on Federal Office Space in 1962 which require among other things that facilities to be used by Federal agencies be efficient and economical and that public buildings provide visual testimony to the dignity, enterprise, vigor, and stability of the Federal Government. (6) To provide for establishment, operation, and maintenance of a self-sustaining international cultural and trade center in such complex. -SOURCE- (Pub. L. 100-113, Sec. 2, Aug. 21, 1987, 101 Stat. 735.) -MISC1- SHORT TITLE Section 1 of Pub. L. 100-113 provided that: 'This Act (enacting this chapter) may be cited as the 'Federal Triangle Development Act'.' ------DocID 44501 Document 747 of 816------ -CITE- 40 USC Sec. 1102 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1102. Federal Triangle property -STATUTE- (a) Transfer to PADC (1) General rule Subject to such terms and conditions as the Administrator and the Corporation may establish, the Administrator shall transfer, without compensation, to the Corporation title to the Federal Triangle property for development under this chapter. (2) Duration of transfer Title to the Federal Triangle property shall revert to the Administrator at such time as the Administrator and the Corporation agree but not later than the date on which ownership of the building to be constructed on such property under section 1104 of this title vests in the United States. On and after such date, title to such building shall be in the Administrator. (3) Legal description The exact acreage and legal description of the Federal Triangle property shall be based upon surveys which are satisfactory to the Administrator and the Corporation. (b) Adjoining property and rights-of-way (1) Acquisition The Corporation may acquire by purchase, exchange, condemnation, or otherwise such additional property or improvements or interest therein (including any portion of any street, roadway, highway, alley, or right-of-way and any easements to and air rights on or above any public lands or rights-of-way) as are necessary for development of the Federal Triangle property. (2) Transfer to GSA At the time title to the Federal Triangle property reverts to the Administrator under subsection (a) of this section, the Corporation shall transfer to the Administrator, without compensation, title to any property or interest therein acquired under this subsection and improvements thereon. -SOURCE- (Pub. L. 100-113, Sec. 3, Aug. 21, 1987, 101 Stat. 736.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1109 of this title. ------DocID 44502 Document 748 of 816------ -CITE- 40 USC Sec. 1103 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1103. Development proposal -STATUTE- (a) Preparation and contents The Corporation shall prepare a written proposal for development of the Federal Triangle property which shall include, but not be limited to, the following: (1) A narrative description of the building to be constructed on the Federal Triangle property, including a description of the types of uses both public and private to be permitted in the building. (2) A comprehensive plan prepared by the Administrator for providing space for Federal officers and employees in the building. (3) A plan for inclusion of an international cultural and trade center comprising not to exceed 500,000 occupiable square feet, including a leasing plan prepared by the Commission for occupancy of such center and a plan for permitting conversion of space not used for such center to office space. (4) A comprehensive plan for providing security for the building and its occupants and contents. (5) A comprehensive plan for providing parking for motor vehicles of occupants of and visitors to the building and for providing access to the building by delivery and service vehicles. (6) A statement prepared by the Administrator of rents and other housing costs currently being paid by the United States for Federal agencies to be housed in the building. (7) Design criteria for the building. (8) An estimate of the cost of construction of the building and of the annual cost to the United States of leasing the building under section 1105 of this title. (9) Environmental impact documentation for development of the Federal Triangle property under Federal laws and regulations. (10) An analysis of the economic impact in the metropolitan area which includes the District of Columbia of development of the Federal Triangle property. (11) Terms and conditions approved by the Administrator for inclusion in the lease agreement under section 1105 of this title. (b) Limitations (1) Size of building The building (including parking facilities) to be constructed on the Federal Triangle property may not exceed 3,100,000 gross square feet in size. (2) Height of building The height of the building shall be compatible with the height of surrounding Government buildings. (3) Design The building shall be designed in harmony with historical and Government buildings in the vicinity, shall reflect the symbolic importance and historic character of Pennsylvania Avenue and the Nation's Capital, and shall represent the dignity and stability of the Federal Government. (c) Consultation requirement In preparing the development proposal under subsection (a) of this section, the Corporation shall consult the Secretary of State, the Administrator, and the Commission. (d) Duties of Administrator and Commission (1) Administrator The Administrator shall prepare and submit to the Corporation for inclusion in the development proposal under subsection (a) of this section - (A) a comprehensive plan for providing space for Federal officers and employees in the building to be constructed on the Federal Triangle property; (B) a statement of rents and other housing costs currently being paid by the United States for Federal agencies to be housed in the building; and (C) a list of terms and conditions which the Administrator has approved for inclusion in the lease agreement to be entered into under section 1105 of this title. (2) Commission The Commission shall prepare and submit to the Corporation for inclusion in the development proposal under subsection (a) of this section a leasing plan for occupancy of the international cultural and trade center under section 1107 of this title. (e) Review and approval of development proposal by GSA and others (1) Submission for review As soon as practicable but not later than 365 days after August 21, 1987, the Corporation shall submit the development proposal prepared under subsection (a) of this section to the General Services Administration, the Commission, the National Capital Planning Commission, and the Commission of Fine Arts. (2) Approval or recommended modifications Not later than 60 days after the date of submission of the development proposal under paragraph (1), each governmental entity referred to in paragraph (1) shall notify the Corporation of approval or recommended modifications of the development proposal. If such governmental entity does not notify the Corporation of its approval or recommended modifications of the proposal within such 60-day period, such governmental entity shall be deemed to have approved the proposal. (3) Consultation In the event a governmental entity referred to in paragraph (1) submits recommended modifications of the development proposal within the 60-day period described in paragraph (2), the Corporation shall consult such entity regarding such modifications and may modify such proposal to take into account one or more of such recommended modifications. (f) Submission for Congressional review Not later than 150 days after the date of submission of the development proposal to governmental entities under subsection (e)(1) of this section, the Corporation shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives for review and approval the development proposal with any modifications made under subsection (e)(3) of this section, a statement of the areas of difference between such proposal and the recommended modifications of each such governmental entity, and the views of the Corporation with respect to such differences. (g) Funding Not later than 60 days after August 21, 1987, the Administrator shall transfer from amounts appropriated to the Administrator $800,000 to the Corporation for carrying out this section. -SOURCE- (Pub. L. 100-113, Sec. 4, Aug. 21, 1987, 101 Stat. 736.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1104, 1106 of this title. ------DocID 44503 Document 749 of 816------ -CITE- 40 USC Sec. 1104 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1104. Construction of building -STATUTE- (a) Selection process (1) General rule Upon approval of the development proposal submitted under section 1103(f) of this title by resolutions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Public Works of the House of Representatives, the Corporation in accordance with its policies and procedures for a development competition, shall select a person to develop the Federal Triangle property. (2) Consultation requirement In selecting a person to develop the Federal Triangle property, the Corporation shall consult the Administrator and the Commission. (3) Competition The Corporation shall conduct a competition for selection of a person to develop the Federal Triangle property. Such competition shall be conducted in accordance with the existing policies and procedures of the Corporation for a development competition. (4) Prohibition on payments for bids and designs The Corporation may not make any payment to any person for any bid or design proposal under the competition conducted under this subsection. (b) Development agreement (1) Authority to enter The Corporation may enter into an agreement for the development of the Federal Triangle property in accordance with the development proposal approved under subsection (a) of this section with the person selected to develop the Federal Triangle property. (2) Contents The development agreement under paragraph (1) shall at a minimum provide for the following: (A) The construction of a building on the Federal Triangle property in accordance with the architectural plans and specifications selected under the development competition. (B) Ownership of such property and building will be by the United States; except that the person selected under subsection (a) of this section may own such building for a term not to exceed 35 years beginning on the date on which construction of such building commences. (C) The Administrator to lease such building from such person for the term determined under subparagraph (B). (D) Inspection of such building during construction by the Administrator and the Corporation. The agreement shall include a copy of the lease agreement and technical directives and specifications prepared by the Administrator entered into by the Administrator and such person under section 1105 of this title. (c) Connection with rail system The building to be constructed under this section may be connected with the rapid rail system operated by the Washington Metropolitan Area Transit Authority via a station located on the Federal Triangle property. The construction cost of making such connection shall be the responsibility of the person selected to develop the Federal Triangle property. The Washington Metropolitan Transit Authority may not charge any fee or other amount for the connection of such building to such rail system. (d) Construction standards and inspection The building constructed under this section shall meet all standards applicable to construction of a Federal building. During construction, the Administrator and the Corporation shall conduct periodic inspections of such building for the purpose of assuring that such standards are being met. (e) Treatment of PADC For purposes of any State or local law (including laws relating to taxation and building permits and inspections), the Corporation with respect to development of the Federal Triangle property shall be treated as the General Services Administration is treated with respect to acquisition and construction of a Federal building. (f) Applicability of certain laws Any person who enters into an agreement with the Corporation under subsection (b) of this section for development of the Federal Triangle property shall not, with respect to such development, be subject to any State or local law relating to building permits and building inspection. Such property and any improvements to such property shall not be subject to real and personal property taxation, or special assessments. (g) Treatment of Federal Triangle development area For purposes of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 871 et seq.) (other than section 5) (40 U.S.C. 874), the Federal Triangle development area shall be treated as being a part of the development area described in section 2(f) of such Act (40 U.S.C. 871(f)). The Corporation shall have the same authority with respect to the Federal Triangle development area as it has with respect to the development area described in such section 2(f). (h) Powers of Corporation The Corporation shall have with respect to its duties under this chapter any powers which the Corporation has under section 6 (other than paragraphs (9) and (10)) of the Pennsylvania Avenue Development Corporation Act of 1972 (40 U.S.C. 875) with respect to its duties under such Act. The Corporation may enter into agreements with any Federal agency or the Commission with respect to this chapter, or as permitted or authorized by section 1535 of title 31. (i) Authorization of appropriation There is authorized to be appropriated, from the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)), to the Administrator for transfer to the Corporation for carrying out this section and section 1103 of this title $3,700,000 for fiscal year 1988. Such sums shall remain available until expended. -SOURCE- (Pub. L. 100-113, Sec. 5, Aug. 21, 1987, 101 Stat. 738.) -REFTEXT- REFERENCES IN TEXT The Pennsylvania Avenue Development Corporation Act of 1972, referred to in subsecs. (g) and (h), is Pub. L. 92-578, Oct. 27, 1972, 86 Stat. 1266, as amended, which is classified to chapter 19 (Sec. 871 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 871 of this title and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1102, 1105, 1106, 1107 of this title. ------DocID 44504 Document 750 of 816------ -CITE- 40 USC Sec. 1105 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1105. Lease of building by GSA -STATUTE- (a) Entry into agreement Before the development agreement is entered into under section 1104 of this title, the Administrator shall enter into with the person selected to construct the building under section 1104 of this title an agreement for the lease of such building for Federal office space and the international cultural and trade center space. (b) Terms of agreement The agreement entered into under this section shall include at a minimum the following terms: (1) The Administrator will lease the building for the term that the person selected to construct the building owns the building. (2) The rental rate per square foot of occupiable space for all space in the building will be in the best interest of the United States and carry out the objectives of this chapter, but in no case may the aggregate rental rate for all space in the building produce an amount less than the amount necessary to amortize the cost of development of the Federal Triangle property over the term of the lease. (3) Obligations of funds from the Federal Building Fund shall only be made on an annual basis to meet lease payments. (4) The Administrator will be permitted to sublease to the Commission for establishment, operation, and management of the international cultural and trade center under section 1107 of this title. (c) Accounting system The Administrator shall maintain an accounting system for operation and maintenance of the building to be constructed under section 1104 of this title which will permit accurate projections of the dates and the costs of major repairs, improvements, reconstructions, and replacements of such building and other capital expenditures on such building. The Administrator shall take such action as may be necessary to assure that funds are available to cover such projected costs and expenditures. (d) Obligation of funds Obligation of funds to make lease payments under this section may only be made on an annual basis and from amounts in the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). -SOURCE- (Pub. L. 100-113, Sec. 6, Aug. 21, 1987, 101 Stat. 740.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1103, 1104, 1107 of this title. ------DocID 44505 Document 751 of 816------ -CITE- 40 USC Sec. 1106 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1106. International Cultural and Trade Center Commission -STATUTE- (a) Establishment There is established a commission to be known as the International Cultural and Trade Center Commission. (b) Duties of Commission The duties of the Commission are as follows: (1) To participate in accordance with section 1103 of this title in the planning of the building to be constructed under section 1104 of this title. (2) To enter into an agreement with the Administrator under section 1107 of this title for the lease of space in the building constructed under section 1104 of this title for establishment, operation, and maintenance of an international cultural and trade center. (3) To operate and manage any space leased under section 1107 of this title in accordance with the objectives of this chapter. (4) To prepare under section 1107 of this title an annual report on the operation and management of such space. (c) Membership (1) Number and appointment The Commission shall be composed of 15 members as follows: (A) The Secretary of State or his delegate. (B) The Secretary of Commerce or his delegate. (C) The Secretary of Agriculture or his delegate. (D) The United States Trade Representative or his delegate. (E) The Administrator or his delegate. (F) The Director of the United States Information Agency or his delegate. (G) The Chairman of the Corporation or his delegate. (H) The Mayor of the District of Columbia or his delegate. (I) The Chairman of the National Endowment for the Arts or his delegate. (J) 6 individuals appointed by the President one of whom shall be a resident and registered voter of the District of Columbia and all of whom shall be specially qualified to serve on the Commission by virtue of their education, training, or experience in international trade, commerce, cultural exchange, finance, business, or management of facilities similar to the international cultural and trade center described in section 1107 of this title. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (2) Terms (A) General rule Except as provided in subparagraph (B), the terms of office of the private sector Members (FOOTNOTE 1) first taking office shall begin on August 21, 1987, and shall expire as designated at the time of appointment, two at the end of two years, two at the end of four years, and two at the end of six years. (FOOTNOTE 1) So in original. Probably should not be capitalized. (B) Filling a vacancy Any member of the Commission appointed to fill a vacancy occurring before the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. (3) Pay Members of the Commission shall serve without pay; except that any member of the Commission appointed under paragraph (1)(J) shall while attending meetings of and attending hearings held by the Commission be entitled to travel or transportation expenses in accordance with section 5703 of title 5. (4) Quorum 8 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (5) Designation of Chairman The Chairman and Vice Chairman of the Commission shall be designated by the President; except that the Chairman may only be designated from individuals appointed under paragraph (1)(J). (6) Meetings The Commission shall meet at the call of the Chairman but no less often than every 4 months. (d) Staff of Commission (1) General rule The Commission shall have a staff, including an executive director. Such staff shall be composed of individuals who may either be appointed under paragraph (2) or detailed under paragraph (3); except that the staff of the Commission may not at any time be composed of more than 15 individuals. (2) Authority to appoint The Commission may appoint and fix the pay of not to exceed 10 individuals, including an individual to serve as the executive director of the Commission. Staff appointed under this paragraph shall be appointed subject to the provisions of title 5 governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; except that - (A) the individual appointed to serve as the executive director and one other individual appointed to the staff of the Commission may be appointed and compensated without regard to such provisions; and (B) the pay of any individual (other than the 2 individuals referred to in subparagraph (A)) appointed under this paragraph shall be at a rate not to exceed the maximum rate of basic pay payable for GS-17 of the General Schedule. (3) Detail Subject to paragraph (1), upon request of the Commission, the Secretary of State, the Secretary of Commerce, the Secretary of Agriculture, the Special Trade Representative, the Administrator, and the Director of the United States Information Agency may detail, on a reimbursable basis, such of the personnel of the department or agency such person heads as may be necessary to assist the Commission in carrying out its duties under this chapter. (e) Office space and supplies Upon request of the Commission, the Secretary of State, the Secretary of Commerce, the Secretary of Agriculture, the Special Trade Representative, the Administrator, and the Director of the United States Information Agency may provide, on a reimbursable basis, such office space, supplies, equipment, and other support services as may be necessary for the Commission to carry out its duties under this chapter. (f) Powers of Commission (1) Hearings and sessions The Commission may, for the purpose of carrying out its duties under this chapter, hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Commission considers appropriate. (2) Powers of members and agents Any member or agent of the Commission may, if so authorized by the Commission, take any action which the Commission is authorized to take by this subsection. (3) Obtaining official data The Commission may obtain from any department or agency of the United States information necessary to enable it to carry out its duties under this chapter. Upon request of the Chairman of the Commission, the head of such department or agency shall furnish such information to the Commission. (4) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property. (5) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (6) Authority to contract out Subject to applicable provisions of law, the Commission may enter into such contracts or agreements as the Commission considers appropriate to carry out any of its duties under this chapter. (7) Experts and consultants The Commission may procure temporary and intermittent services under section 3109(b) of title 5. (g) Limitation on expenses (1) Maximum amount The maximum amount of expenses (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under subsection (f)(7) of this section, and supply expenses) which the Commission may incur in any fiscal year may not exceed $1,000,000 in any fiscal year. (2) Adjustment for inflation Any dollar amount referred to in this subsection, subsection (h)(3) of this section, and section 1107(d) of this title may be adjusted by the Commission annually to reflect a percentage increase or decrease in the Consumer Price Index for All Urban Consumers for the preceding calendar year, as determined by the United States Department of Labor, Bureau of Labor Statistics. (h) Funding (1) Requests for transfers If the Commission incurs any expenses in carrying out its duties under this chapter, the Commission may request the Secretary of State, the Administrator, or any other Federal official referred to in subsection (c)(1) of this section to transfer to the Commission an amount equal to such expenses from funds appropriated to such official. (2) Authority for transfers Subject to paragraphs (3) and (5), any official referred to in paragraph (1) may transfer such amounts from funds appropriated to such official as may be necessary to enable the Commission to carry out its duties under this chapter. (3) Maximum amount of requests and transfers The aggregate amount of requests for transfers, and the aggregate amount of transfers, under this subsection may not exceed $1,000,000 in any fiscal year. (4) Deposit of receipts The Commission shall deposit all amounts it receives under this subsection into the account established by section 1107(d) of this title. (5) Limitation on effect This subsection shall not be effective with respect to any fiscal year beginning after the last day of the 2-year period beginning on the first day the Commission deposits under section 1107(c) of this title funds into the account established by section 1107(d) of this title. -SOURCE- (Pub. L. 100-113, Sec. 7, Aug. 21, 1987, 101 Stat. 741.) -REFTEXT- REFERENCES IN TEXT The provisions of title 5 governing appointments in the competitive service, referred to in subsec. (d)(2), are classified generally to section 3301 et seq. of Title 5, Government Organization and Employees. -MISC2- REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS-16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organization and Employees, see section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1107, 1109 of this title. ------DocID 44506 Document 752 of 816------ -CITE- 40 USC Sec. 1107 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1107. Operation and management of international cultural and trade center -STATUTE- (a) Lease of space (1) Agreement The Administrator and the Commission shall enter into an agreement for the Commission to lease from the Administrator not to exceed 500,000 square feet of occupiable space in the building to be constructed under section 1104 of this title to serve as an international cultural and trade center. (2) Size The Commission shall determine the amount of space necessary for operation of the international cultural and trade center based upon demand, except that such space may not exceed 500,000 square feet of occupiable space. Upon certification of such demand by the Commission, the Administrator shall lease such amount of space to the Commission. (3) Terms The agreement entered into under this subsection shall include at a minimum the following terms: (A) The Commission will be permitted to sublease its space in such building to foreign missions, commercial establishments sponsored by foreign governments, and international cultural and trade organizations, including domestic organizations and State and local governments. (B) All space leased by the Commission from the Administrator will be at such rate as the Administrator and the Commission may agree but not less than the rate established under section 1105(b)(2) of this title plus such amount as the Administrator determines is necessary to pay on an annual basis for the costs of administering such building (including operation, maintenance, and rehabilitation costs) which are attributable to such space. (C) Such terms relating to default and nonperformance as the Administrator considers appropriate to protect the interests of the United States. (b) Establishment of center (1) By Commission The Commission shall establish, operate, and maintain an international cultural and trade center in the space leased from the Administrator under subsection (a) of this section. (2) Contents The international cultural and trade center may include the following: (A) Office space for foreign missions and domestic and international organizations involved in international trade or cultural activities. (B) A world exhibition center providing space for exhibits from foreign nations. (C) An international bazaar providing space for commercial establishments sponsored by foreign governments. (D) An international center providing a centralized foreign trade reference facility, conference and meeting facilities, and audio-visual facilities for translating foreign languages. (E) Such other facilities as are consistent with the objectives of this section. (3) Subleasing of space (A) Agreements The Commission may enter into agreements with foreign missions and international cultural and trade organizations (including domestic organizations and State and local governments) to sublease any or all of the space it leased from the Administrator under subsection (a) of this section. Space subleased to such missions and organizations may only be used for establishment of trade centers and exhibitions, offices, and commercial establishments described in paragraph (2) and such other facilities as the Commission determines are consistent with an international cultural and trade center. (B) Terms and conditions An agreement entered into under this subsection shall be subject to such terms and conditions as the Commission determines are appropriate to carry out the objectives of this chapter. The rental rate per square foot of occupiable space for space subleased under this subsection shall be determined in accordance with subsection (c) of this section; except that the Commission may adjust such rate with respect to any space subleased to a foreign mission in accordance with the recommendations of the Secretary of State acting in accordance with section 204(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4304(b)). The Secretary of State may reimburse the Commission for any expenses which are incurred by the Commission as a result of making adjustments in the rental rate for space under this subparagraph. (4) Reference facility and cultural events The Commission may establish in a portion of the space leased from the Administrator under this section a centralized foreign trade reference facility and conference and meeting facilities and audio-visual facilities for translating foreign languages. The Commission may permit cultural events and other activities to be held in a portion of such space. The Commission shall establish in accordance with subsection (c) of this section fees and charges for - (A) the use of such facilities and auditorium, and (B) the holding of such events and activities. (c) Rents and fees (1) Establishment of amount The Commission shall establish the amounts of fees under subsection (b)(4) of this section, and establish a rental rate for space subleased under subsection (b)(3) of this section, taking into account the objectives of this section and the best interests of the United States. In any fiscal year beginning after the last day of the 2-year period beginning on the first day the Commission deposits under this subsection funds into the account established under subsection (d) of this section, the aggregate amount of such fees and rent shall not be less than the cost to the Commission of subleasing space from the Administrator under subsection (a) of this section in such fiscal year plus the expenses (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under subsection (FOOTNOTE 1) 1106(f)(7) of this title, supply expenses and any reimbursable expenses) incurred by the Commission in carrying out its duties under this chapter in such fiscal year. (FOOTNOTE 1) So in original. Probably should be 'section'. (2) Collection The Commission shall collect - (A) rent for space subleased under subsection (b) of this section; and (B) fees and charges under subsection (b) of this section. (3) Deposit The Commission shall deposit all amounts collected under this subsection and all amounts transferred by the Secretary of State to the Commission under subsection (b)(3)(B) of this section into the account established under subsection (d) of this section. (d) Separate account (1) Establishment There is established in the Treasury of the United States a separate account. (2) Contents The account shall include all amounts deposited by the Commission under subsection (c) of this section and section 1106(h) of this title. (3) Availability Amounts in the account established under this subsection shall be available to the Commission to pay - (A) all rents owed to the Administrator for lease of space under subsection (a) of this section; and (B) all expenses (including salaries, travel expenses, expenses for temporary and intermittent services, expenses under contracts or agreements entered into under section 1106(f)(7) of this title, and supply expenses) incurred by the Commission in carrying out its duties under this chapter but not exceeding $1,000,000 in any fiscal year. (4) Payments The Commission shall pay, from amounts in the account established by this subsection - (A) for lease of space under subsection (a) of this section on an annual basis amounts owed to the Administrator for deposit into the fund established by section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)); and (B) all expenses incurred by it in carrying out its duties under this chapter but not exceeding $1,000,000 in any fiscal year. (5) Transfer of excess funds Periodically, but not less often than once per fiscal year, funds which the Commission determines are in excess of those needed to make the payments described in paragraph (4) shall be transferred by the Commission from the account established under this subsection to the fund established under section 210(f) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)). (h) (FOOTNOTE 2) Annual report and budget (FOOTNOTE 2) So in original. There are no subsecs. (e), (f), and (g). The Commission shall prepare and transmit to the Committee on Environment and Public Works of the Senate and the Committee on Public Works and Transportation of the House of Representatives (1) an annual report in January of each calendar year on the operation and management of the space leased by the Commission under subsection (a) of this section and the international cultural and trade center, and (2) a budget for such fiscal year for operation, maintenance, and alteration of such center, including amounts received and projected to be received by the Commission in such fiscal year and expenses incurred and projected to be incurred by the Commission in such fiscal year. -SOURCE- (Pub. L. 100-113, Sec. 8, Aug. 21, 1987, 101 Stat. 744.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1103, 1105, 1106 of this title. ------DocID 44507 Document 753 of 816------ -CITE- 40 USC Sec. 1108 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1108. Designation of Departmental Auditorium -STATUTE- (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'. -SOURCE- (Pub. L. 100-113, Sec. 9, Aug. 21, 1987, 101 Stat. 746.) ------DocID 44508 Document 754 of 816------ -CITE- 40 USC Sec. 1109 -EXPCITE- TITLE 40 CHAPTER 22 -HEAD- Sec. 1109. Definitions -STATUTE- As used in this chapter - (1) Administrator The term 'Administrator' means the Administrator of General Services. (2) Commission The term 'Commission' means the International Cultural and Trade Center Commission established by section 1106 of this title. (3) Corporation The term 'Corporation' means the Pennsylvania Avenue Development Corporation. (4) Federal Triangle development area The term 'Federal Triangle development area' means the area which begins at a point on the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest; thence southerly along the west side of Fourteenth Street to the northwest corner of the intersection of Fourteenth Street and Constitution Avenue, Northwest; thence easterly along the north side of Constitution Avenue to the northeast corner of the intersection of Twelfth Street and Constitution Avenue, Northwest; thence northerly along the east side of Twelfth Street and Constitution Avenue, Northwest; thence northerly along the east side of Twelfth Street to the southeast corner of the intersection of Twelfth Street and Pennsylvania Avenue, Northwest; thence westerly along the south side of Pennsylvania Avenue to the point of beginning being the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest. (5) Federal Triangle property The term 'Federal Triangle property' means - (A) the property owned by the United States 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) any property acquired by the Corporation under section 1102(b) of this title; except that for purposes of section 1102 of this title such term does not include any property referred to in subparagraph (B). -SOURCE- (Pub. L. 100-113, Sec. 10, Aug. 21, 1987, 101 Stat. 747.) ------DocID 44509 Document 755 of 816------ -CITE- 40 USC CHAPTER 23 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- CHAPTER 23 - JUDICIARY OFFICE BUILDING DEVELOPMENT -MISC1- Sec. 1201. Findings and purposes. (a) Findings. (b) Purposes. 1202. Construction of building. (a) Selection process. (b) Development agreement. (c) Chilled water and steam from Capitol Power Plant. (d) Construction standards and inspections. (e) Applicability of certain laws. 1203. Lease of building by Architect of the Capitol. (a) Entry into lease agreement. (b) Terms of lease agreement. (c) Accounting system. (d) Obligation of funds. 1204. Structural and mechanical care and security. (a) Structural and mechanical care. (b) Security. 1205. Allocation of space. (a) Governmental entities. (b) Nongovernmental tenants. (c) Deposit of rent and reimbursements. 1206. Commission for Judiciary Office Building. (a) Establishment. (b) Membership. (c) Duties. (d) Quorum. 1207. Funding. (a) Separate account. (b) Unexpended balances of funds. 1208. Definitions. ------DocID 44510 Document 756 of 816------ -CITE- 40 USC Sec. 1201 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1201. Findings and purposes -STATUTE- (a) Findings The Congress makes the following findings and declarations: (1) Space for consolidation of activities of the Administrative Office of the United States Courts and other offices of the judicial branch of Government and for providing office space for retired justices of the Supreme Court is necessary and should be located in the vicinity of the Supreme Court building. (2) Orderly development of the Capitol Grounds should be consistent with the Master Plan for the United States Capitol, dated 1981. (3) The cost of leasing space by the judicial branch of the Government is high. (4) Development of squares 721 and 722 in the District of Columbia is necessary to achieve the objectives of the Union Station Redevelopment Act (40 U.S.C. 811 et seq.) and the revitalization of the Union Station area. (5) The Judicial Conference of the United States endorsed by resolution the construction of an office building on the Capitol Grounds to house the Administrative Office of the United States Courts and related judicial branch offices. (b) Purposes The purposes of this chapter are as follows: (1) To implement the report submitted to Congress by the Architect and the Secretary of Transportation under the Act of December 28, 1985 (99 Stat. 1749-1750), relating to the needs of the Federal judiciary for additional Federal office space. (2) To authorize the Architect to acquire by lease space primarily for use by the judicial branch of the Government by entering into contracts for the design and construction of a building adjacent to Union Station. (3) To ensure that the design and construction of such building will insofar as practicable result in a building which is efficient and economical and which provides visual testimony to the dignity, enterprise, vigor, and stability of the Federal Government. -SOURCE- (Pub. L. 100-480, Sec. 2, Oct. 7, 1988, 102 Stat. 2328.) -REFTEXT- REFERENCES IN TEXT The Union Station Redevelopment Act, referred to in subsec. (a)(4), probably means the Union Station Redevelopment Act of 1981, Pub. L. 97-125, Dec. 29, 1981, 95 Stat. 1667, as amended, which is classified principally to part B (Sec. 811 et seq.) of subchapter I of chapter 18 of this title. For complete classification of this Act to the Code, see Short Title of 1981 Amendment note set out under section 801 of this title and Tables. Act of December 28, 1985, referred to in subsec. (b)(1), is Pub. L. 99-229, Dec. 28, 1985, 99 Stat. 1749, which is not classified to the Code. -MISC2- SHORT TITLE Section 1 of Pub. L. 100-480 provided that: 'This Act (enacting this chapter and amending section 816 of this title) may be cited as the 'Judiciary Office Building Development Act'.' ------DocID 44511 Document 757 of 816------ -CITE- 40 USC Sec. 1202 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1202. Construction of building -STATUTE- (a) Selection process (1) General rule The Architect, under the direction of the Commission and in accordance with such policies and procedures as the Architect shall establish, shall select in accordance with provision of this subsection a person to develop squares 721 and 722 (bounded by F Street, 2nd Street, Massachusetts Avenue, and Columbia Plaza, Northeast) in the District of Columbia. (2) Revision of proposals Not later than 90 days after October 7, 1988, each of the 5 persons who submitted a proposal for development of squares 721 and 722 under the study conducted under the Act of December 28, 1985 (99 Stat. 1749-1750), which is one of the 5 proposals under consideration by the Architect may revise such proposal to take into account the objectives of this chapter and resubmit such proposal to the Architect. (3) Selection of revised proposal Subject to paragraph (4), not later than 120 days after October 7, 1988, the Architect shall select one of the persons resubmitting a proposal under paragraph (2) to develop squares 721 and 722 in the District of Columbia. (4) Nonsubmission of revised proposals; protection of United States interest If no proposal is resubmitted to the Architect under paragraph (2) in the 90-day period or if the Architect determines that none of the proposals resubmitted under paragraph (2) is in the best interests of the United States, the Architect shall conduct a competition for selection of a person to develop squares 721 and 722 in the District of Columbia. Such competition shall be conducted in accordance with such policies and procedures as the Architect may establish for a development competition. (5) Purpose of development The purpose of development of squares 721 and 722 is to provide office space for the Administrative Office of the United States Courts, the Federal Judicial Center, the Judicial Panel of Multidistrict Litigation, and the United States Sentencing Commission, chambers for retired justices of the Supreme Court, and other related offices of the judicial branch of the United States and other persons (including governmental entities). (6) Approval of Chief Justice All final decisions regarding architectural design of the building to be constructed under this Act shall be subject to the approval of the Chief Justice of the United States. (7) Prohibition on payments for bids and designs The Architect may not make any payment to any person for any bid or design proposal under any competition conducted under this subsection. (8) Limitations (A) Size of building The building (excluding parking facilities) to be constructed under this chapter may not exceed 520,000 gross square feet in size above the level of Columbia Plaza in the District of Columbia. (B) Height of building The height of the building and other improvements shall be compatible with the height of surrounding Government and historic buildings and conform to the provisions of the Act of June 1, 1910, commonly known as the Building Height Act of 1910 (36 Stat. 452). (C) Design The building and other improvements shall be designed in harmony with historical and Government buildings in the vicinity, shall reflect the symbolic importance and historic character of the United States Capitol and other buildings on the United States Capitol grounds, and shall represent the dignity and stability of the Federal Government. (b) Development agreement (1) Authority to enter The Architect may enter into with the person selected to develop squares 721 and 722 under subsection (a) of this section an agreement for the development of such squares. Except as otherwise provided in this chapter, such agreement shall provide for development of such squares substantially in accordance with (A) alternative D of the report to Congress entitled 'The Study of Alternatives for the Construction of an Office Building(s) for the Administrative Office of the United States Courts', submitted to Congress on August 10, 1987, by the Architect and the Secretary of Transportation, and (B) the Master Plan for the United States Capitol, dated 1981. (2) Contents The development agreement under paragraph (1) shall at a minimum provide for the following: (A) Except to the extent otherwise provided by this chapter, all design, development, and construction costs incurred with respect to the building to be constructed under the agreement will be at no cost to the United States. (B) Title to squares 721 and 722 will remain in the United States. (C) Title to the building and other improvements constructed or otherwise made on or to squares 721 and 722 will immediately revert to the United States at the expiration of not more than 30 years from the effective date of the lease agreement entered into under section 1203 of this title without payment of any compensation by the United States. (D) The building and other improvements constructed on or to squares 721 and 722 to be leased to the United States will be in accordance with the provisions of this chapter and the lease agreement will contain such terms and conditions as may be prescribed by the Architect to carry out the objectives of this chapter. The agreement shall include a copy of the lease agreement entered into under section 1203 of this title by the Architect and the person selected to develop squares 721 and 722. (c) Chilled water and steam from Capitol Power Plant (1) Authority for hookup to Capitol Power Plant The building to be constructed under this chapter may be connected to the Capitol Power Plant through construction of extensions to the chilled water and steam lines which serve Union Station. If such building is to be connected to the Capitol Power Plant, the agreement under subsection (b) of this section between the Architect and the person selected to construct such building shall provide that such person will bear all costs associated with the installation of chilled water and steam lines to the building and shall reimburse the Union Station Redevelopment Corporation for an equitable share of the costs incurred by the Union Station Redevelopment Corporation in the construction of extensions of the chilled water and steam lines from such Plant to Union Station. (2) Furnishing of chilled water and steam from Capitol Power Plant If the building to be constructed under this chapter is connected with the Capitol Power Plant pursuant to paragraph (1), the Architect shall furnish, on a reimbursable basis, chilled water and steam from such Plant to such building. (d) Construction standards and inspections The building and other improvements constructed under this chapter shall meet all standards applicable to construction of a Federal building. During construction, the Architect shall conduct periodic inspections of such building for the purpose of assuring that such standards are being met. Such building shall not be subject to any law of the District of Columbia relating to building codes, permits, or inspection (including any such law enacted by Congress). (e) Applicability of certain laws The building and other improvements constructed under this chapter shall not be subject to any law of the District of Columbia relating to real estate and personal property taxes, special assessments, or other taxes (including any such law enacted by Congress). -SOURCE- (Pub. L. 100-480, Sec. 3, Oct. 7, 1988, 102 Stat. 2329.) -REFTEXT- REFERENCES IN TEXT Act of December 28, 1985, referred to in subsec. (a)(2), is Pub. L. 99-229, Dec. 28, 1985, 99 Stat. 1749, which is not classified to the Code. Act of June 1, 1910, commonly known as the Building Height Act of 1910, referred to in subsec. (a)(8)(B), is act June 1, 1910, ch. 263, 36 Stat. 452, which is set out in sections 5-401 to 5-409 of Title 5, Building Restrictions and Regulations, of the District of Columbia Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1203, 1205 of this title. ------DocID 44512 Document 758 of 816------ -CITE- 40 USC Sec. 1203 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1203. Lease of building by Architect of the Capitol -STATUTE- (a) Entry into lease agreement Before the development agreement is entered into under section 1202 of this title, the Architect shall enter into with the person selected to construct the building under this chapter an agreement for the lease of such building by the Architect to carry out the objectives of this chapter. (b) Terms of lease agreement The agreement entered into under this section shall include at a minimum the following terms: (1) The Architect will lease the building and other improvements for a term not to exceed 30 years from the effective date of such lease agreement. (2) The rental rate per square foot of occupiable space for all space in the building and other improvements will be in the best interest of the United States and carry out the objectives of this chapter, but in no case may the aggregate rental rate for all space in the building and other improvements produce an amount less than the amount necessary to amortize the cost of development of squares 721 and 722 over the term of the lease. (3) Authority for the Architect to make space available and to sublease space in the building and other improvements in accordance with section 1205 of this title. (c) Accounting system The Architect shall maintain an accounting system for operation and maintenance of the building and other improvements to be constructed under this chapter which will permit accurate projections of the dates and the costs of major repairs, improvements, reconstructions, and replacements of such building and improvements and other capital expenditures on such building and improvements. (d) Obligation of funds Obligation of funds for lease payments under this section may only be made on an annual basis and may only be made from the account established by section 1207 of this title. -SOURCE- (Pub. L. 100-480, Sec. 4, Oct. 7, 1988, 102 Stat. 2331.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1202, 1205, 1207 of this title. ------DocID 44513 Document 759 of 816------ -CITE- 40 USC Sec. 1204 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1204. Structural and mechanical care and security -STATUTE- (a) Structural and mechanical care Upon occupancy by the United States of the building and other improvements constructed under this chapter, the structural and mechanical care and maintenance of such building and improvements (including the care and maintenance of the grounds of such building) shall be the responsibility of the Architect, under the direction of the Commission, in the same manner and to the same extent as the structural and mechanical care and maintenance of the United States Supreme Court Building under section 13a of this title, and all other duties and work required for the operation and domestic care of such building and improvements shall be performed by the Architect, under the direction of the Commission. (b) Security (1) General rule The United States Capitol Police shall be responsible for all exterior and interior security of the building and other improvements constructed under this chapter. (2) Authority of Supreme Court Marshal Nothing in this chapter shall be construed to interfere with the obligation of the Marshal of the Supreme Court of the United States to protect justices, officers, employees, or other personnel of the Supreme Court who may occupy the building and other improvements. (3) Reimbursement The Architect shall transfer from the account established by section 1207 of this title such amounts as may be necessary to reimburse the United States Capitol Police for expenses incurred in providing exterior and interior security under this subsection. The United States Capitol Police may accept amounts transferred by the Architect under this paragraph, and such amounts shall be credited to the appropriation account charged by the United States Capitol Police in executing the performance of security duties. -SOURCE- (Pub. L. 100-480, Sec. 5, Oct. 7, 1988, 102 Stat. 2331.) ------DocID 44514 Document 760 of 816------ -CITE- 40 USC Sec. 1205 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1205. Allocation of space -STATUTE- (a) Governmental entities (1) Judicial branch Subject to the provisions of this section, the Architect shall make available, on a reimbursable basis, all space in the building and other improvements constructed under this chapter to the judicial branch of the United States substantially in accordance with the report referred to in section 1202(b)(1) of this title. (2) Other Any space in the building and other improvements constructed under this chapter which the Chief Justice determines is not needed by the judicial branch of the United States may be made available by the Architect, on a reimbursable basis, to Federal governmental entities which are not part of the judicial branch and which are not staff of Members of Congress or Congressional Committees. (3) Terms and conditions Space made available under this subsection shall be subject to such terms and conditions as are necessary to carry out the objectives of this chapter. (4) Reimbursement rate All space made available by the Architect under this subsection shall be subject to reimbursement at the rate established under section 1203(b)(2) of this title plus such amount as 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 governmental entity not a part of the judicial branch, such entity, determine is necessary to pay on an annual basis for the cost of administering the building and other improvements (including costs of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) which are attributable to such space. (5) Meeting judicial branch needs (A) In general Whenever the Chief Justice notifies the Architect that the judicial branch of the United States requires additional space in the building and other improvements constructed under this chapter, the Architect shall accommodate those requirements (i) in the case of space made available to the Administrator of General Services, by a date agreed upon under subparagraph (B), or (ii) in the case of space made available to any person or governmental entity (other than the General Services Administration), within 90 days after the date of such notification. (B) Space available to GSA In any case in which such additional space is provided from space in the building made available to the Administrator of General Services, the space shall be vacated expeditiously by not later than a date mutually agreed upon by the Chief Justice and the Administrator of General Services. (C) Unoccupied space Whenever any space in the building is unoccupied, the Chief Justice shall have a right of first refusal to use such space to meet the needs of the judicial branch in accordance with this subsection. (6) Assignment of space within judicial branch The Director of the Administrative Office of the United States Courts may assign and reassign space made available to the judicial branch of the United States under this subsection among offices of the judicial branch as the Director deems appropriate. (b) Nongovernmental tenants (1) General rule Any space in the building and other improvements constructed under this chapter which the Chief Justice determines is not needed by the judicial branch of the United States shall first be offered to other Federal governmental entities which are not staff of Members of Congress or Congressional Committees; and then, if any space remains, it may be subleased by the Architect, under the direction of the Commission, to any person. (2) Rental rate All space subleased by the Architect under this subsection shall be subject to reimbursement at a rate which is comparable to prevailing rental rates for similar facilities in the area but not less than the rate established under section 1203(b)(2) of this title plus such amount as the Architect and the person subleasing such space agree is necessary to pay on an annual basis for the cost of administering the building (including costs of operation, maintenance, rehabilitation, security, and structural, mechanical, and domestic care) which are attributable to such space. (3) Limitation Subleases under this subsection must be compatible with the dignity and functions of the judicial branch offices housed in the building and must not unduly interfere with the activities and operations of the judicial branch agencies housed in the building. The provisions of section 193d of this title and section 193m-1 of this title shall not apply to any space in the building and other improvements subleased to a non-Government tenant under this subsection. (4) Collection of rent The Architect shall collect rent for space subleased under this subsection. (c) Deposit of rent and reimbursements All funds received under this subsection (including lease payments and reimbursements) shall be deposited into the account established by section 1207 of this title. -SOURCE- (Pub. L. 100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1203, 1207 of this title. ------DocID 44515 Document 761 of 816------ -CITE- 40 USC Sec. 1206 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1206. Commission for Judiciary Office Building -STATUTE- (a) Establishment There is established a Commission to be known as the Commission for the Judiciary Office Building. (b) Membership The Commission shall be composed of the following 13 members: (1) Two individuals appointed by the Chief Justice from among justices of the Supreme Court and other judges of the United States (or their designees). (2) The members of the House Office Building Commission (or their designees). (3) The majority leader and minority leader of the Senate (or their designees). (4) The Chairman and the ranking minority member of the Senate Committee on Rules and Administration (or their designees). (5) The Chairman and the ranking minority member of the Senate Committee on Environment and Public Works (or their designees). (6) The Chairman and ranking minority member of the Committee on Public Works and Transportation of the House of Representatives (or their designees). (c) Duties The Commission shall be responsible for supervision of design, construction, operation, maintenance, structural, mechanical, and domestic care and security of the building to be constructed under this chapter. The Commission shall from time to time prescribe rules and regulations to govern the actions of the Architect under this chapter and to govern the use and occupancy of all space in such building. (d) Quorum Seven members of the Commission shall constitute a quorum. -SOURCE- (Pub. L. 100-480, Sec. 7, Oct. 7, 1988, 102 Stat. 2334.) -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1208 of this title. ------DocID 44516 Document 762 of 816------ -CITE- 40 USC Sec. 1207 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1207. Funding -STATUTE- (a) Separate account There is established in the Treasury of the United States a separate account. Such account shall include all amounts deposited therein under section 1205(c) of this title and such amounts as may be appropriated thereto but not to exceed $2,000,000. Amounts in the account shall be available to the Architect for paying expenses for structural, mechanical, and domestic care, maintenance, operation, and utilities of the building and other improvements constructed under this chapter, for reimbursing the United States Capitol Police for expenses incurred in providing exterior and interior security for the building and other improvements, for making lease payments under section 1203 of this title, and for necessary personnel (including consultants). (b) Unexpended balances of funds The unexpended balance of funds appropriated by the Urgent Supplemental Appropriations Act, 1986 under the heading 'Study of Construction of Office Building' (100 Stat. 717) are transferred to the Architect on October 7, 1988. Such unexpended balance shall be available for design review, construction inspection, contract administration, and such other project related costs under this chapter as the Architect may deem appropriate. -SOURCE- (Pub. L. 100-480, Sec. 9, Oct. 7, 1988, 102 Stat. 2334.) -REFTEXT- REFERENCES IN TEXT The Urgent Supplemental Appropriations Act, 1986, referred to in subsec. (b), is Pub. L. 99-349, July 2, 1986, 100 Stat. 710. The provision under the heading 'Study of Construction of Office Building' is not classified to the Code. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1203, 1204, 1205 of this title. ------DocID 44517 Document 763 of 816------ -CITE- 40 USC Sec. 1208 -EXPCITE- TITLE 40 CHAPTER 23 -HEAD- Sec. 1208. Definitions -STATUTE- As used in this chapter - (1) Architect The term 'Architect' means the Architect of the Capitol. (2) Chief Justice The term 'Chief Justice' means the Chief Justice of the United States or his designee; except that in any case in which there is a vacancy of the office of the Chief Justice of the United States, the most senior associate justice of the Supreme Court shall be treated as the Chief Justice of the United States for purposes of this chapter until such time as such vacancy is filled. (3) Commission The term 'Commission' means the Commission for the Judiciary Office Building established by section 1206 of this title. -SOURCE- (Pub. L. 100-480, Sec. 10, Oct. 7, 1988, 102 Stat. 2335.) ------DocID 44518 Document 764 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -EXPCITE- TITLE 40 APPENDIX -HEAD- TITLE 40 - APPENDIX -MISC1- THE LEGISLATION IN THIS APPENDIX IS TEMPORARY AND TERMINATED ON OCTOBER 1, 1982, PURSUANT TO THE PROVISIONS OF SECTION 405 OF THIS APPENDIX ------DocID 44519 Document 765 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -HEAD- APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -MISC1- Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended by Pub. L. 89-670, Sec. 8(b), (c), Oct. 15, 1966, 80 Stat. 942, 943; Pub. L. 90-103, title I, Sec. 101-114, 116-123, Oct. 11, 1967, 81 Stat. 257-266; Pub. L. 90-448, title II, Sec. 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, title I, Sec. 101-111, Nov. 25, 1969, 83 Stat. 214-216; Pub. L. 91-258, title I, Sec. 52(b)(5), May 21, 1970, 84 Stat. 235; Pub. L. 92-65, title II, Sec. 202-214, Aug. 5, 1971, 85 Stat. 168-173; Pub. L. 94-188, title I, Sec. 102-122, 124, Dec. 31, 1975, 89 Stat. 1079-1086; Pub. L. 95-193, Sec. 1, Nov. 18, 1977, 91 Stat. 1412; Pub. L. 95-599, title I, Sec. 138(a), (b), Nov. 6, 1978, 92 Stat. 2710; Pub. L. 96-506, Sec. 3, Dec. 8, 1980, 94 Stat. 2746; Pub. L. 96-545, Sec. 2, Dec. 18, 1980, 94 Stat. 3215; Pub. L. 97-35, title XVIII, Sec. 1822(a), Aug. 13, 1981, 95 Stat. 767; Pub. L. 98-524, Sec. 4(e), Oct. 19, 1984, 98 Stat. 2489; Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927; Pub. L. 101-434, Oct. 17, 1990, 104 Stat. 985. Sec. 1. Short title. 2. Findings and statement of purpose. TITLE I - THE APPALACHIAN REGIONAL COMMISSION 101. Membership and voting. 102. Functions of the Commission. 103. Recommendations. 104. Liaison between Federal Government and the Commission. 105. Administrative expenses of the Commission. 106. Administrative powers of Commission. 107. Information. 108. Personal financial interests. 109. Amendment of section 5334(a) of title 5. TITLE II - SPECIAL APPALACHIAN PROGRAMS PART A - NEW PROGRAMS 201. Appalachian development highway system. 202. Demonstration health projects. 203. Land stabilization, conservation, and erosion control. 204. Timber development organizations. 205. Mining area restoration. 206. Water resource survey. 207. Assistance for proposed low- and middle-income housing projects. 208. Appalachian airport safety improvements. PART B - SUPPLEMENTATIONS AND MODIFICATIONS OF EXISTING PROGRAMS 211. Vocational education facilities and vocational and technical education demonstration projects. 212. Sewage treatment works. 213. Amendments to Housing Act of 1954. 214. Supplements to Federal grant-in-aid programs. PART C - GENERAL PROVISIONS 221. Maintenance of effort. 222. Consent of States. 223. Program implementation. 224. Program development criteria. 225. Appalachian State development planning process. TITLE III - ADMINISTRATION 301. Local development districts; certification. 302. Administrative expenses and research and demonstration projects. 303. Approval of development plans, investment programs, and projects. 304. Annual report. TITLE IV - APPROPRIATIONS AND MISCELLANEOUS PROVISIONS 401. Authorization of appropriations; limitation on use of funds. 402. Applicable labor standards. 403. Definition of Appalachian region. 404. Severability. 405. Termination. ------DocID 44520 Document 766 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 1 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -HEAD- Sec. 1. Short title -STATUTE- This Act may be cited as the 'Appalachian Regional Development Act of 1965'. -SOURCE- (Pub. L. 89-4, Sec. 1, Mar. 9, 1965, 79 Stat. 5.) -MISC1- SHORT TITLE OF 1975 AMENDMENT Pub. L. 94-188, title I, Sec. 101, Dec. 31, 1975, 89 Stat. 1079, provided that: 'This title (enacting sections 225 and 303 of this Appendix, amending sections 2, 101, 102, 105 to 107, 201, 202, 205, 207, 211, 214, 223, 224, 302, 401, and 405 of this Appendix, repealing section 3134 of Title 42, The Public Health and Welfare, and enacting provisions set out as notes under sections 2 and 201 of this Appendix) may be cited as the 'Appalachian Regional Development Act Amendments of 1975'.' SHORT TITLE OF 1971 AMENDMENT Pub. L. 92-65, title II, Sec. 201, July 5, 1971, 85 Stat. 168, provided that: 'This title (enacting section 208 of this Appendix, amending sections 105, 106, 201, 202, 205, 207, 211, 214, 302, 401, and 405 of this Appendix, and enacting provision set out as note under section 223 of this Appendix) may be cited as the 'Appalachian Regional Development Act Amendments of 1971'.' SHORT TITLE OF 1969 AMENDMENT Pub. L. 91-123, title I, Sec. 101, Nov. 25, 1969, 83 Stat. 214, provided that: 'This title (amending sections 105, 201, 202, 205, 207, 214, 302, 401, 403, and 405 of this Appendix) may be cited as the 'Appalachian Regional Development Act Amendments of 1969'.' SHORT TITLE OF 1967 AMENDMENT Pub. L. 90-103, title I, Sec. 101, Oct. 11, 1967, 81 Stat. 257, provided that: 'This title (enacting sections 109 and 207 of this Appendix, and amending sections 102, 105, 106, 201, 202, 203, 204, 205, 206, 211, 212, 214, 221, 223, 224, 302, 303, 401, and 403 of this Appendix, section 461 of this title, and section 5334 of Title 5, Government Organization and Employees) may be cited as the 'Appalachian Regional Development Act Amendments of 1967'.' -SECREF- ACTS REFERRED TO IN OTHER SECTIONS The Appalachian Regional Development Act of 1965 is referred to in title 23 section 143; title 33 section 1257; title 42 sections 1396b, 3171, 3232, 5153. The Appalachian Regional Development Act Amendments of 1975 are referred to in title 42 sections 3195, 3196. ------DocID 44521 Document 767 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 2 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 -HEAD- Sec. 2. Findings and statement of purpose -STATUTE- (a) The Congress hereby finds and declares that the Appalachian region of the United States, while abundant in natural resources and rich in potential, lags behind the rest of the Nation in its economic growth and that its people have not shared properly in the Nation's prosperity. The region's uneven past development, with its historical reliance on a few basic industries and a marginal agriculture, has failed to provide the economic base that is a vital prerequisite for vigorous, self-sustaining growth. The State and local governments and the people of the region understand their problems and have been working and will continue to work purposefully toward their solution. The Congress recognizes the comprehensive report of the President's Appalachian Regional Commission documenting these findings and concludes that regionwide development is feasible, desirable, and urgently needed. It is, therefore, the purpose of this Act to assist the region in meeting its special problems, to promote its economic development, and to establish a framework for joint Federal and State efforts toward providing the basic facilities essential to its growth and attacking its common problems and meeting its common needs on a coordinated and concerted regional basis. The public investments made in the region under this Act shall be concentrated in areas where there is a significant potential for future growth, and where the expected return on public dollars invested will be the greatest. The States will be responsible for recommending local and State projects, within their borders, which will receive assistance under this Act. As the region obtains the needed physical and transportation facilities and develops its human resources, the Congress expects that the region will generate a diversified industry, and that the region will then be able to support itself, through the workings of a strengthened free enterprise economy. (b) The Congress further finds and declares that while substantial progress has been made toward achieving the foregoing purposes, especially with respect to the provision of essential public facilities, much remains to be accomplished, especially with respect to the provision of essential health, education, and other public services. The Congress recognizes that changes and evolving national purposes in the decade since 1965 affect not only the Appalachian region, but also its relationship to a nation now assigning higher priority to conservation and the quality of life, values long cherished within the region. Appalachia now has the opportunity, in accommodating future growth and development, to demonstrate local leadership and coordinated planning so that housing, public services, transportation and other community facilities will be provided in a way congenial to the traditions and beauty of the region and compatible with conservation values and an enhanced quality of life for the people of the region. The Congress recognizes also that fundamental changes are occurring in national energy requirements and production, which not only risk short-term dislocations but will undoubtedly result in major long-term effects in the region. It is essential that the opportunities for expanded energy production be used so as to maximize the social and economic benefits and minimize social and environmental costs to the region and its people. It is, therefore, also the purpose of this Act to provide a framework for coordinating Federal, State and local efforts toward (1) anticipating the effects of alternative energy policies and practices, (2) planning for accompanying growth and change so as to maximize the social and economic benefits and minimize social and environmental costs, and (3) 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. -SOURCE- (Pub. L. 89-4, Sec. 2, Mar. 9, 1965, 79 Stat. 5; Pub. L. 94-188, title I, Sec. 102, Dec. 31, 1975, 89 Stat. 1079.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1975 - Pub. L. 94-188 designated existing provisions as subsec. (a) and added subsec. (b). REPORT TO CONGRESS ON PROGRESS MADE IN IMPLEMENTATION OF REGIONAL DEVELOPMENT ACT OF 1975 Section 122(b) of Pub. L. 94-188 required Appalachian Regional Commission to submit to Congress by July 1, 1977, a report on progress made in implementing subsec. (b) of this section, the energy related enterprise development demonstration authority in section 302 of this Appendix, as well as other amendments made by title I of Pub. L. 94-188. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 302 of this Appendix. ------DocID 44522 Document 768 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- TITLE I - THE APPALACHIAN REGIONAL COMMISSION ------DocID 44523 Document 769 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 101 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 101. Membership and voting -STATUTE- (a) There is hereby established an Appalachian Regional Commission (hereinafter referred to as the 'Commission') which shall be composed of one Federal member, hereinafter referred to as the 'Federal Cochairman', appointed by the President by and with the advice and consent of the Senate, and one member from each participating State in the Appalachian region. The Federal Cochairman shall be one of the two Cochairmen of the Commission. Each State member shall be the Governor. The State members of the Commission shall elect a Cochairman of the Commission from among their number for a term of not less than one year. (b) Except as provided in section 105, decisions by the Commission shall require the affirmative vote of the Federal Cochairman and of a majority of the State members (exclusive of members representing States delinquent under section 105). In matters coming before the Commission, the Federal Cochairman shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter. No decision involving Commission policy, approval of State, regional or subregional development plans or implementing investment programs, any modification or revision of the Appalachian Regional Commission Code, or any allocation of funds among the States may be made without a quorum of State members present. The approval of project and grant proposals shall be a responsibility of the Commission and exercised in accordance with section 303 of this Act. (c) Each State member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff. The President, by and with the advice and consent of the Senate, shall appoint an alternate for the Federal Cochairman. An alternate shall vote in the event of the absence, death, disability, removal, or resignation of the State or Federal representative for which he is an alternate. A State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required to be present. No Commission powers or responsibilities specified in the last two sentences of subsection (b) of this section, nor the vote of any Commission member, may be delegated to any person not a Commission member or who is not entitled to vote in Commission meetings. (d) The Federal Cochairman shall be compensated by the Federal Government at level III of the Executive Schedule in subchapter II of chapter 53 of title V, United States Code. His alternate shall be compensated by the Federal Government at level V of such Executive Schedule, and when not actively serving as an alternate for the Federal Cochairman, shall perform such functions and duties as are delegated to him by the Federal Cochairman. Each State member and his alternate shall be compensated by the State which they represent at the rate established by law of such State. -SOURCE- (Pub. L. 89-4, title I, Sec. 101, Mar. 9, 1965, 79 Stat. 6; Pub. L. 94-188, title I, Sec. 103, 104, Dec. 31, 1975, 89 Stat. 1079, 1080.) -REFTEXT- REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (d), is set out in section 5314 of Title 5, Government Organization and Employees. Subchapter II of chapter 53 of title V, United States Code, referred to in subsec. (d), means subchapter II (Sec. 5311 et seq.) of chapter 53 of Title 5. Level V of the Executive Schedule, referred to in subsec. (d), is set out in section 5316 of Title 5. -MISC2- AMENDMENTS 1975 - Subsec. (a). Pub. L. 94-188, Sec. 103(1), (2), substituted provision that each State member shall be the Governor for provision that each State member may be the Governor, or his designee, or such other person as may be provided by the law of the State which he represents, and inserted provision that term of Cochairman shall be for not less than a year. Subsec. (b). Pub. L. 94-188, Sec. 103(3), inserted provisions requiring quorum of State members for Commission policy, approval of State, regional, or subregional development plans or implementing investment programs, modification or revision of the Appalachian Regional Commission Code, or allocation of funds among the States, and that the approval of the project and grant proposals shall be the responsibility of the Commission to be exercised in accordance with section 303 of this Act. Subsec. (c). Pub. L. 94-188, Sec. 103(4), (5), substituted provisions that each State member may have a single alternate, appointed by the Governor from among the members of the Governor's cabinet or the Governor's personal staff for provisions that each State member shall have an alternate, appointed by the Governor or as otherwise may be provided by the law of the State which he represents, and inserted provisions that State alternate shall not be counted toward the establishment of a quorum of the Commission in any instance in which a quorum of the State members is required to be present and that no Commission powers or responsibilities specified in last two sentences of subsec. (b) of this section nor the vote of any Commission member may be delegated to any person not a Commission member or who is not entitled to vote in Commission meetings. Subsec. (d). Pub. L. 94-188, Sec. 104, in provisions relating to compensation of Federal Cochairman and his alternate, substituted references to level III of the Executive Schedule in subchapter II of chapter 53 of title V and level V of such Executive Schedule for references to level IV of the Federal Executive Salary Schedule of the Federal Executive Salary Act of 1964 and grade GS-18 of the Classification Act of 1949, as amended, respectively. -EXEC- EXECUTIVE ORDER NO. 11209 Ex. Ord. No. 11209, Mar. 25, 1965, 30 F.R. 3929, which established the Federal Development Committee for Appalachia, was revoked by Ex. Ord. No. 11386, Dec. 28, 1967, 33 F.R. 5, formerly set out as a note under section 3121 of Title 42, The Public Health and Welfare. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 106, 303 of this Appendix; title 42 section 3246c. ------DocID 44524 Document 770 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 102 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 102. Functions of the Commission -STATUTE- (a) In carrying out the purposes of this Act, the Commission shall - (1) develop, on a continuing basis, comprehensive and coordinated plans and programs and establish priorities thereunder, giving due consideration to other Federal, State, and local planning in the 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 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; and (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. (b) In carrying out its functions under this section, the Commission shall identify the characteristics of, and may distinguish between the needs and goals of appropriate subregional areas, including central, northern, and southern Appalachia. -SOURCE- (Pub. L. 89-4, title I, Sec. 102, Mar. 9, 1965, 79 Stat. 7; Pub. L. 90-103, title I, Sec. 102, Oct. 11, 1967, 81 Stat. 257; Pub. L. 94-188, title I, Sec. 105, Dec. 31, 1975, 89 Stat. 1080.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1975 - Pub. L. 94-188 designated existing provisions as subsec. (a) and added subsec. (b). 1967 - Par. (9). Pub. L. 90-103 struck out par. (9) which required the Commission to advise the Secretary of Commerce on applications for grants for administrative expenses to local development districts. TERMINATION OF ADVISORY COUNCILS Advisory councils 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 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. 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 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this Appendix. ------DocID 44525 Document 771 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 103 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 103. Recommendations -STATUTE- The Commission may, from time to time, make recommendations to the President and to the State Governors and appropriate local officials with respect to - (1) the expenditure of funds by Federal, State, and local departments and agencies in the region in the fields of natural resources, agriculture, education, training, health and welfare, and other fields related to the purposes of this Act; and (2) such additional Federal, State, and local legislation or administrative actions as the Commission deems necessary to further the purposes of this Act. -SOURCE- (Pub. L. 89-4, title I, Sec. 103, Mar. 9, 1965, 79 Stat. 7.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in pars. (1) and (2), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 104 of this Appendix. ------DocID 44526 Document 772 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 104 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 104. Liaison between Federal Government and the Commission -STATUTE- The President shall provide effective and continuing liaison between the Federal Government and the Commission and a coordinated review within the Federal Government of the plans and recommendations submitted by the Commission pursuant to sections 102 and 103. -SOURCE- (Pub. L. 89-4, title I, Sec. 104, Mar. 9, 1965, 79 Stat. 8.) ------DocID 44527 Document 773 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 105 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 105. Administrative expenses of the Commission -STATUTE- (a) For the period ending on June 30, 1967, the administrative expenses of the Commission shall be paid by the Federal Government. Thereafter, such expenses shall be paid 50 per centum by the Federal Government and 50 per centum by the States in the region, except that the expenses of the Federal Cochairman, his alternate, and his staff shall be paid solely by the Federal Government. The share to be paid by each State shall be determined by the Commission. The Federal Cochairman shall not participate or vote in such determination. No assistance authorized by this Act shall be furnished to any State or to any political subdivision or any resident of any State, nor shall the State member of the Commission participate or vote in any determination by the Commission while such State is delinquent in payment of its share of such expenses. (b) To carry out this section there is hereby authorized to be appropriated to the Commission to be available until expended, not to exceed $1,900,000 for the two-fiscal-year period ending June 30, 1971. To carry out this section there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $2,700,000 for the two-fiscal-year period ending June 30, 1973 (of such amount not to exceed $525,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff), and not to exceed $3,300,000 for the two-fiscal-year period ending June 30, 1975 (of such amount not to exceed $575,000 shall be available for expenses of the Federal Cochairman, his alternate, and his staff). To carry out this section there is hereby authorized to be appropriated to the Commission, to be available until expended, not to exceed $4,600,000 for the period beginning July 1, 1975, and ending September 30, 1977 (of such amount not to exceed $800,000 shall be available for expenses of the Federal cochairman, his alternate and his staff), and not to exceed $5,000,000 for the two-fiscal-year period ending September 30, 1979 (of such amount not to exceed $900,000 shall be available for expenses of the Federal cochairman, his alternate and his staff), and not to exceed $6,700,000 for the two-fiscal-year period ending September 30, 1981 (of such amount not to exceed $1,100,000 shall be available for expenses of the Federal cochairman, his alternate, and his staff), and not to exceed $2,900,000 for the fiscal year ending September 30, 1982 (of such amount not to exceed $400,000 shall be available for expenses of the Federal cochairman, his alternate, and his staff). -SOURCE- (Pub. L. 89-4, title I, Sec. 105, Mar. 9, 1965, 79 Stat. 8; Pub. L. 90-103, title I, Sec. 103, Oct. 11, 1967, 81 Stat. 257; Pub. L. 91-123, title I, Sec. 102, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92-65, title II, Sec. 202, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94-188, title I, Sec. 106, Dec. 31, 1975, 89 Stat. 1080; Pub. L. 96-506, Sec. 3(1), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35, title XVIII, Sec. 1822(a)(1), Aug. 13, 1981, 95 Stat. 767.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1981 - Subsec. (b). Pub. L. 97-35 substituted '$2,900,000 for the fiscal year ending September 30, 1982 (of such amount not to exceed $400,000' for '$3,350,000 for the fiscal year ending September 30, 1982 (of such amount not to exceed $550,000'. 1980 - Subsec. (b). Pub. L. 96-506 inserted provisions relating to appropriations for the two-fiscal-year period ending Sept. 30, 1981, and for the fiscal year ending Sept. 30, 1982. 1975 - Subsec. (b). Pub. L. 94-188 inserted authorization of appropriations for the period beginning July 1, 1975 and ending September 30, 1977, and for the two-fiscal-year period ending Sept. 30, 1979. 1971 - Subsec. (b). Pub. L. 92-65 substituted provisions authorizing appropriation of $2,700,000 for the two-fiscal-year period ending June 30, 1973, of which up to $525,000 is to be available for expenses of the Federal Cochairman and his staff, and of $3,300,000 for the two-fiscal-year period ending June 30, 1975, of which up to $575,000 is to be available for expenses of the Federal Cochairman and his staff, for provisions authorizing amount up to $475,000 to be available for the expenses of the Federal Cochairman and his staff. 1969 - Subsec. (b). Pub. L. 91-123 substituted provisions authorizing appropriation of $1,900,000 for the two-fiscal year period ending June 30, 1971, for provisions that authorized appropriation of $1,700,000 for the two-fiscal year period ending June 30, 1969, increased from $400,000 to $475,000 amount authorized to be available for expenses of the Federal cochairman, his alternate, and his staff, and struck out provisions whereby appropriations authorized prior to the Appalachian Regional Development Act Amendments of 1967 were to remain available until expended. 1967 - Subsec. (a). Pub. L. 90-103 substituted 'June 30, 1967' and '50 per centum by the Federal Government and 50 per centum by the States' for 'June 30 of the second full Federal fiscal year following the date of enactment of this Act (Mar. 9, 1965)' and 'equally by the Federal Government and the States', respectively, and provided for payment solely by the Federal Government of the expenses of the Federal Cochairman, his alternate, and his staff. Subsec. (b). Pub. L. 90-103 authorized appropriation of $1,700,000 for two-fiscal-year period ending June 30, 1969, made $400,000 of such sum available for expenses of the Federal Cochairman, his alternate, and his staff, and made unexpended balances of appropriation authorization under this section prior to its amendment available until expended, such provision making $2,200,000 available to carry out this section as provided in former provisions of section 401 of the Act for period ending June 30, 1967. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 401 of this Appendix. ------DocID 44528 Document 774 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 106 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 106. Administrative powers of Commission -STATUTE- To carry out its duties under this Act, the Commission is authorized to - (1) adopt, amend, and repeal bylaws, rules, 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 such other personnel as may be necessary to enable the Commission to carry out its functions, except that such compensation shall not exceed the salary of the alternate to the Federal Cochairman on the Commission as provided in section 101. The executive director shall be responsible for carrying out the administrative functions of the Commission, for direction of the Commission staff, and for such other duties as the Commission may assign. No member, alternate, officer, or employee of the Commission, other than the Federal Cochairman on the Commission, his staff, and his alternate and Federal employees detailed to the Commission under paragraph (3) shall be deemed a Federal employee for any purpose. (3) request the head of any Federal department or agency (who is hereby so authorized) to detail to temporary duty with the Commission such personnel within his administrative jurisdiction as the Commission may need for carrying out its functions, each such 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 or any subdivision or agency thereof, or any intergovernmental agency. (5) make arrangements, including contracts, with any participating State government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel. The Director of the Office of Personnel Management of the United States is authorized to contract with the Commission for continued coverage of Commission employees, who at date of Commission employment are Federal employees, in the retirement program and other employee benefit programs of the Federal Government. (6) accept, use, and dispose of gifts or donations of services or property, real, personal, or mixed, tangible or intangible. (7) enter into and perform such contracts, leases (including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than September 30, 1982), cooperative agreements, or other transactions as may be necessary in carrying out its functions and on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States (which is hereby so authorized to the extent not otherwise prohibited by law) or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation. (8) maintain a temporary office in the District of Columbia and establish a permanent office at such a central and appropriate location as it may select and field offices at such other places as it may deem appropriate. (9) take such other actions and incur such other expenses as may be necessary or appropriate. -SOURCE- (Pub. L. 89-4, title I, Sec. 106, Mar. 9, 1965, 79 Stat. 8; Pub. L. 90-103, title I, Sec. 104, Oct. 11, 1967, 81 Stat. 257; Pub. L. 92-65, title II, Sec. 203, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94-188, title I, Sec. 107, 108, Dec. 31, 1975, 89 Stat. 1080, 1081; Pub. L. 96-506, Sec. 3(2), Dec. 8, 1980, 94 Stat. 2746; 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 3607, 92 Stat. 3783.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in opening phrase, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1980 - Par. (7). Pub. L. 96-506 substituted 'September 30, 1982' for 'September 30, 1979'. 1975 - Par. (2). Pub. L. 94-188, Sec. 108, inserted provisions that executive director shall be responsible for carrying out administrative functions of Commission, for direction of Commission staff, and for such other duties as Commission may assign. Par. (7). Pub. L. 94-188, Sec. 107, substituted 'September 30, 1979' for 'June 30, 1975'. 1971 - Par. (7). Pub. L. 92-65 substituted 'June 30, 1975' for 'June 30, 1971'. 1967 - Par. (7). Pub. L. 90-103 inserted '(including, notwithstanding any other provision of law, the lease of office space for any term expiring no later than June 30, 1971)' and '(which is hereby so authorized to the extent not otherwise prohibited by law)'. -TRANS- TRANSFER OF FUNCTIONS 'Director of the Office of Personnel Management' substituted for 'Civil Service Commission' in par. (5), pursuant to reorg. Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section 1101 of Title 5, Government Organization and Employees, which transferred all functions vested by statute in United States Civil Service Commission to Director of Office of Personnel Management (except as otherwise specified), effective Jan. 1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out under section 1101 of Title 5. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 108 of this Appendix; title 5 section 5334. ------DocID 44529 Document 775 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 107 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 107. Information -STATUTE- (a) In order to obtain information needed to carry out its duties, the Commission shall - (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 so much of its proceedings and reports thereon as it may deem advisable, a Cochairman of the Commission, or any member of the Commission designated by the Commission for the purpose, being hereby authorized to administer oaths when it is determined by the Commission that testimony shall be taken or evidence received under oath; (2) arrange for the head of any Federal, State, or local department or agency (who is hereby so authorized to the extent not otherwise prohibited by law) to furnish to the Commission such information as may be available to or procurable by such department or agency; and (3) keep accurate and complete records of its doings and transactions which shall be made available for public inspection, and for the purpose of audit and examination by the Comptroller General or his duly authorized representatives. (b) Public participation in the development, revision, and implementation of all plans and programs under this Act by the Commission, any State or any local development district shall be provided for, encouraged, and assisted. The Commission shall develop and publish regulations specifying minimum guidelines for such public participation, including public hearings. -SOURCE- (Pub. L. 89-4, title I, Sec. 107, Mar. 9, 1965, 79 Stat. 9; Pub. L. 94-188, title I, Sec. 109, Dec. 31, 1975, 89 Stat. 1081.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (b), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1975 - Pub. L. 94-188 designated existing provisions as subsec. (a) and added subsec. (b). ------DocID 44530 Document 776 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 108 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 108. Personal financial interests -STATUTE- (a) Except as permitted by subsection (b) hereof, no State member or alternate and no officer or employee of the Commission shall participate personally and substantially as member, alternate, officer, or employee, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in any proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter in which, to his knowledge, he, his spouse, minor child, partner, organization (other than a State or political subdivision thereof) in which he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial interest. Any person who shall violate the provisions of this subsection shall be fined not more than $10,000, or imprisoned not more than two years, or both. (b) Subsection (a) hereof shall not apply if the State member, alternate, officer, or employee first advises the Commission of the nature and circumstances of the proceeding, application, request for a ruling or other determination, contract, claim, controversy, or other particular matter and makes full disclosure of the financial interest and receives in advance a written determination made by the Commission that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the Commission may expect from such State member, alternate, officer, or employee. (c) No State member or alternate shall receive any salary, or any contribution to or supplementation of salary for his services on the Commission from any source other than his State. No person detailed to serve the Commission under authority of paragraph (4) of section 106 shall receive any salary or any contribution to or supplementation of salary for his services on the Commission from any source other than the State, local, or intergovernmental department or agency from which he was detailed or from the Commission. Any person who shall violate the provisions of this subsection shall be fined not more than $5,000, or imprisoned not more than one year, or both. (d) Notwithstanding any other subsection of this section, the Federal Cochairman and his alternate on the Commission and any Federal officers or employees detailed to duty with it pursuant to paragraph (3) of section 106 shall not be subject to any such subsection but shall remain subject to sections 202 through 209 of title 18, United States Code. (e) The Commission may, in its discretion, declare void and rescind any contract, loan, or grant of or by the Commission in relation to which it finds that there has been a violation of subsection (a) or (c) of this section, or any of the provisions of sections 202 through 209 of title 18, United States Code. -SOURCE- (Pub. L. 89-4, title I, Sec. 108, Mar. 9, 1965, 79 Stat. 9.) ------DocID 44531 Document 777 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 109 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE I -HEAD- Sec. 109. Amendment of section 5334(a) of title 5 -STATUTE- Section 5334(a) of title 5, United States Code, is amended by adding at the end thereof the following new sentence: 'For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 106(a) of the Appalachian Regional Development Act of 1965, or by a regional commission established pursuant to section 502 of the Public Works and Economic Development Act of 1965, under section 506(2) of such Act, who was a Federal employee immediately prior to such employment by a commission and within six months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.' -SOURCE- (Pub. L. 89-4, title I, Sec. 109, as added Pub. L. 90-103, title I, Sec. 105, Oct. 11, 1967, 81 Stat. 257.) -REFTEXT- REFERENCES IN TEXT Section 106(a) of the Appalachian Regional Development Act, referred to in text, probably means section 106(2) of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 8, which is set out in this Appendix. Section 502 of the Public Works and Economic Development Act of 1965 and section 506(2) of such Act, referred to in text, are sections 502 and 506(2) of Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 564, 567, which enacted sections 3182 and 3186, respectively, of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 97-35, title XVIII, Sec. 1821(a)(8), Aug. 13, 1981, 95 Stat. 766. This subchapter, referred to in text, means subchapter III (Sec. 5331 et seq.) of chapter 53 of Title 5, Government Organization and Employees. ------DocID 44532 Document 778 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II -HEAD- TITLE II - SPECIAL APPALACHIAN PROGRAMS ------DocID 44533 Document 779 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Part A -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Part A - New Programs ------DocID 44534 Document 780 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 201 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 201. Appalachian development highway system -STATUTE- (a) In order to provide a highway system which, in conjunction with the Interstate System and other Federal-aid highways in the Appalachian region, will open up an area or areas with a developmental potential where commerce and communication have been inhibited by lack of adequate access, the Secretary of Transportation (hereafter in this section referred to as the 'Secretary') is authorized to assist in the construction of an Appalachian development highway system and local access roads serving the Appalachian region. The provisions of sections 106(a) and 118 of title 23, United States Code, relating to the obligation, period of availability, and expenditure of Federal-aid highway funds, shall apply to the development highway system and the local access roads, and all other provisions of such title 23 that are applicable to the construction and maintenance of Federal-aid primary and secondary highways and which the Secretary determines are not inconsistent with this Act shall apply, respectively, to such system and roads. Construction on the development highway system shall not exceed three thousand and twenty-five miles. Construction of local access roads shall not exceed one thousand four hundred miles that will serve specific recreational, residential, educational, commercial, industrial, or other like facilities or will facilitate a school consolidation program. (b) The Commission shall transmit to the Secretary its designations of (1) the general corridor location and termini of the development highways, (2) local access roads to be constructed, (3) priorities for the construction of segments of the development highways, and (4) other criteria for the program authorized by this section. Before any State member participates in or votes on such designations, he shall have obtained the recommendations of the State highway department of the State which he represents. (c) In no event shall the Secretary assist in any construction (including right-of-way acquisition) which would require for its completion the expenditure of Federal funds (other than funds available under title 23, United States Code) in excess of the appropriations authorization in subsection (g). On its completion each development highway not already on the Federal-aid primary system shall be added to such system and each development highway and local access road shall be required to be maintained by the State as provided for Federal-aid highways in title 23, United States Code. (d) In the construction of highways and roads authorized under this section, the States may give special preference to the use of materials and products indigenous to the Appalachian region. (e) For the purposes of research and development in the use of coal and coal products in highway construction and maintenance, the Secretary is authorized to require each participating State, to the maximum extent possible, to use coal derivatives in the construction of not to exceed 10 per centum of the roads authorized under this Act. (f) Federal assistance to any construction project under this section shall not exceed 80 per centum of the costs of such project. (g) To carry out this section, there is hereby authorized to be appropriated to the President, to be available until expended, $175,000,000 for the fiscal year ending June 30, 1971; $175,000,000 for the fiscal year ending June 30, 1972; $180,000,000 for the fiscal year ending June 30, 1973; $180,000,000 for the fiscal year ending June 30, 1974; $185,000,000 for the fiscal year ending June 30, 1975; $185,000,000 for the fiscal year ending June 30, 1976; $185,000,000 for the fiscal year ending June 30, 1977; $250,000,000 for fiscal year 1978; $300,000,000 for fiscal year 1979; $300,000,000 for fiscal year 1980; $215,000,000 for fiscal year 1981; and $165,000,000 for fiscal year 1982. (h)(1) When a participating State proceeds to construct a segment of a development highway without the aid of Federal funds, in accordance with all procedures and requirements applicable to the construction of segments of Appalachian development highways with such funds, except insofar as such procedures and requirements limit a State to the construction of projects for which Federal funds have previously been appropriated, the Secretary, upon application by the State and with the approval of the Commission, is authorized to pay to the State the Federal share not to exceed 70 per centum of the costs of the construction of such segment, from any sums appropriated and allocated to such State to carry out this section. (2) This subsection shall not be construed as a commitment or obligation on the part of the United States to provide funds for segments of development highways constructed under this subsection, and shall not increase the limitation on construction in subsection (c). -SOURCE- (Pub. L. 89-4, title II, Sec. 201, Mar. 9, 1965, 79 Stat. 10; Pub. L. 89-670, Sec. 8(b), Oct. 15, 1966, 80 Stat. 942; Pub. L. 90-103, title I, Sec. 106, Oct. 11, 1967, 81 Stat. 258; Pub. L. 91-123, title I, Sec. 103, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92-65, title II, Sec. 204, Aug. 5, 1971, 85 Stat. 168; Pub. L. 94-188, title I, Sec. 110, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95-599, title I, Sec. 138(a), (b), Nov. 6, 1978, 92 Stat. 2710; Pub. L. 96-506, Sec. 3(3), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35, title XVIII, Sec. 1822(a)(2), Aug. 13, 1981, 95 Stat. 767.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (e), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix and which will terminate, except for this section, Oct. 1, 1982. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1981 - Subsec. (g). Pub. L. 97-35 substituted '$165,000,000' for '$215,000,000' in appropriation for fiscal year 1982. 1980 - Subsec. (g). Pub. L. 96-506 increased from $170,000,000 to $215,000,000 amount authorized to be appropriated for fiscal year 1981, and inserted provision authorizing to be appropriated $215,000,000 for fiscal year 1982. 1978 - Subsec. (a). Pub. L. 95-599, Sec. 138(b), substituted 'three thousand and twenty-five miles' for 'two thousand nine hundred miles'. Subsec. (f). Pub. L. 95-599, Sec. 138(a), substituted '80 per centum' for '50 per centum' and struck out provision authorizing Commissioner to allow assistance over and above maximum amount. 1975 - Subsec. (a). Pub. L. 94-188, Sec. 110(1), increased limit on construction of highway system to 2900 miles from 2700 miles and decreased limit on construction of local access roads from 1600 miles to 1400 miles. Subsec. (g). Pub. L. 94-188, Sec. 110(2), increased authorization of appropriation for fiscal year 1978, from $180,000,000 to $250,000,000, and inserted authorization of appropriations for fiscal years 1979, 1980, and 1981. 1971 - Subsec. (g). Pub. L. 92-65 substituted provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1971, and June 30, 1972, $180,000,000 for the fiscal years ending June 30, 1973, and June 30, 1974, $185,000,000 for the fiscal years ending June 30, 1975, June 30, 1976, and June 30, 1977, and $180,000,000 for the fiscal year ending June 30, 1978, for provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1970, June 30, 1971, and June 30, 1972 and $170,000,000 for the fiscal year ending June 30, 1973. 1969 - Subsec. (a). Pub. L. 91-123, Sec. 103(a), inserted references to sections 106(a) and 118 of title 23 relating to obligation, period of availability, and expenditures of Federal-aid highway funds as applicable to development of highway system and local access roads. Subsec. (g). Pub. L. 91-123, Sec. 103(b), substituted provisions authorizing to be appropriated $175,000,000 for the fiscal years ending June 30, 1970, June 30, 1971, and June 30, 1972, and $170,000,000 for the fiscal year ending June 30, 1973, for provisions authorizing to appropriated $715,000,000 for the four-fiscal year period ending June 30, 1971. 1967 - Subsec. (a). Pub. L. 90-103 rearranged text sequence, defined 'Secretary' for this section as the Secretary of Transportation, increased development highway system and local access roads mileage from 2,350 to 2,700 and from 1,000 to 1,600 miles, respectively, made title 23 provisions relating to construction and maintenance of Federal-aid primary highways applicable only to the development highway system, made such title 23 provisions as related to Federal-aid secondary highways applicable to local access roads, and provided that such local access roads serve also educational facilities. Subsec. (b). Pub. L. 90-103 substituted introductory provision respecting transmission of designations for submission of recommendations and in last sentence 'designations' for 'recommendations' and struck out initial phrase 'As soon as feasible', 'the designation of' before 'local access roads' from cl. 2), and 'of the local access roads and of the major' before 'segments' from cl. (3). Subsec. (c). Pub. L. 90-103 included right-of-way acquisition, required State maintenance of local access roads and that State maintenance be as provided for Federal-aid highways in Title 23, and struck out initial provision authorizing the Secretary to approve in whole or in part the recommendations or to require modifications or revisions thereof. Subsec. (d). Pub. L. 90-103 substituted 'materials and products' for 'mineral resource materials'. Subsec. (e). Pub. L. 90-103 struck out 'of Transportation' after 'Secretary' in view of definition in subsec. (a) of this section. Subsec. (f). Pub. L. 90-103 substituted 'the Commission determines' for 'the Secretary of Commerce and the Secretary of Transportation determine, pursuant to the recommendation of the Commission'. Subsec. (g). Pub. L. 90-103 substituted appropriation authorization of $715,000,000 to the President for four-fiscal-year period ending June 30, 1971, to be available until expended, for appropriation authorization of $840,000,000 to the Secretary of Commerce, who shall transfer funds to the Secretary of Transportation for administration of projects approved by both Secretaries. Subsec. (h). Pub. L. 90-103 added subsec. (h). 1966 - Subsec. (a). Pub. L. 89-670, Sec. 8(b)(1), (2), substituted 'Transportation' for 'Commerce (hereafter in this section referred to as the 'Secretary')', and 'Secretary of Transportation' for 'Secretary'. Subsec. (b). Pub. L. 89-670, Sec. 8(b)(3), inserted 'of Commerce' after 'Secretary'. Subsec. (c). Pub. L. 89-670, Sec. 8(b)(4), (5), inserted provision for the approval of recommendations by the Secretary of Commerce prior to transmittal to the Secretary of Transportation for his approval and inserted 'of Transportation' after 'Secretary' in existing provisions. Subsec. (e). Pub. L. 89-670, Sec. 8(b)(6), inserted 'of Transportation' after 'Secretary'. Subsec. (f). Pub. L. 89-670, Sec. 8(b)(7), inserted provisions requiring the approval of both the Secretary of Commerce and the Secretary of Transportation to allow Federal assistance in excess of 50 per centum of the cost of a project. Subsec. (g). Pub. L. 89-670, Sec. 8(b)(8), called for appropriation of the authorized funds to the Secretary of Commerce for transfer to the Secretary of Transportation for the administration of projects approved by both Secretaries. EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Appendix, Transportation. PAYMENT FOR CONSTRUCTION OF FINAL SECTION OF APPROVED APPALACHIAN DEVELOPMENT CORRIDOR HIGHWAY NECESSARY AS ELEMENT OF FLOOD CONTROL PROJECT Section 138(c) of Pub. L. 95-599 provided that: 'In any case where an Appalachian development highway on the Federal-aid primary system, is the final section of an approved Appalachian development corridor highway within an urbanized area, transects an unincorporated jurisdiction, and is a necessary element of a flood control project for the protection of a commercially zoned area containing not less than seventy commercial and industrial establishments which is authorized under section 205 of the Flood Control Act of 1948 (section 701s of Title 33, Navigation and Navigable Waters), the Secretary of Transportation shall provide to the State highway department so much of the costs, not to exceed $1,800,000, as may be necessary to permit construction of that portion of such development highway as is necessary to permit completion of the flood control project. The Federal share of the total cost of any complete Appalachian development highway a portion of which receives assistance under this subsection (this note) shall not exceed (including all assistance under this subsection) that percentage of such total cost which, but for this subsection, would otherwise be applicable to such development highway.' NEW AND INCREASED AUTHORITY TO ENTER INTO CONTRACTS; RELATION TO AMOUNTS APPROPRIATED Section 124 of Pub. L. 94-188 provided that: 'To the extent that any section of this title (see Short Title of 1975 Amendment note set out under section 1 of this Appendix) provides new or increased authority to enter into contracts under section 201 of the Appalachian Regional Development Act of 1965 (this section), such new or increased authority shall be effective for any fiscal year only in such amounts as are provided in appropriation acts.' DISCRIMINATION BASED ON SEX PROHIBITED IN PROGRAMS UNDER APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Pub. L. 92-65, title II, Sec. 214, Aug. 5, 1971, 85 Stat. 173, provided: 'No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Appalachian Regional Development Act of 1965 (this Appendix).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 214, 401, 405 of this Appendix. ------DocID 44535 Document 781 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 202 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 202. Demonstration health projects -STATUTE- (a) In order to demonstrate the value of adequate health facilities and services to the economic development of the region, the Secretary of Health and Human Services is authorized to make grants for the planning, construction, equipment, and operation of multi-county demonstration health, nutrition, and child care projects, including hospitals, regional health diagnostic and treatment centers and other facilities and services necessary for the purposes of this section. Grants for such construction (including the acquisition of privately owned facilities not operated for profit or previously operated for profit where the acquisition of such facilities is the most cost-effective means for providing increased health services if the Commission finds that but for the acquisition for such facility such health services would not be otherwise provided in the area served by such facility, and initial equipment) shall be made in accordance with section 223 of this Act and shall not be incompatible with the applicable provisions of title VI of the Public Health Service Act (42 U.S.C. 291-291o), the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282), and other laws authorizing grants for the construction of health-related facilities, without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provisions of law. (b) No grant for the construction or equipment of any component of a demonstration health project shall exceed 80 per centum of such costs. The Federal contribution may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal grant-in-aid programs for the construction or equipment of health-related facilities. Notwithstanding any provision of law limiting the Federal share in such other programs, funds authorized under this section may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 80 per centum of the cost of such facilities. (c) Grants under this section for operation (including initial operating funds and operating deficits comprising among other items the costs of attracting, training, and retaining qualified personnel) of a demonstration health project, whether or not constructed with funds authorized by this section, may be made for up to 100 per centum of the costs thereof for the two-year period beginning, for each component facility or service assisted under any such operating grant, on the first day that such facility or service is in operation as a part of the project. For the next three years of operations such grants shall not exceed 75 per centum of such costs. The Federal contribution may be provided entirely from funds appropriated to carry out this section or in combination with funds provided under other Federal grant-in-aid programs for the operation of health related facilities and the provisions of health and child development services, including title IV, parts A and B, and title XX of the Social Security Act. Notwithstanding any provision of the Social Security Act requiring assistance or services on a statewide basis, if a State provides assistance or services under such a program in any area of the region approved by the Commission, such State shall be considered as meeting such requirement. Notwithstanding any provision of law limiting the Federal share in such other programs, funds appropriated to carry out this section may be used to increase Federal grants for operating components of a demonstration health project to the maximum percentage cost thereof authorized by this subsection. No grant for operation of a demonstration health project shall be made unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit. No grants for operation of a demonstration health project shall be made 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, upon State request, be approved under section 303 of this Act for continued support beyond that period if the Commission finds that no Federal, State, or local funds are available to continue such demonstrations. No such grants shall be made 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. Notwithstanding section 104 of the Public Works and Economic Development Act of 1965 (79 Stat. 554; 42 U.S.C. 3134), a health-related facility constructed under title I of that Act may be a component of a demonstration health project eligible for operating grant assistance under this section. (d) The Secretary of Health and Human Services is authorized to provide funds to the Commission for the support of its Health Advisory Committee and to make grants for expenses of planning necessary for the development and operation of demonstration health projects for the region. The amount of any such grant shall not exceed 75 per centum of such expenses. The Federal contribution to such expenses of planning may be provided entirely from funds authorized under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by this subsection. (e) In order to provide for the further development of the Appalachian region's human resources, grants under this section shall give special emphasis to programs and research for the early detection, diagnosis, and treatment of occupational diseases arising from coal mining, such as black lung. -SOURCE- (Pub. L. 89-4, title II, Sec. 202, Mar. 9, 1965, 79 Stat. 11; Pub. L. 90-103, title I, Sec. 107, Oct. 11, 1967, 81 Stat. 259; Pub. L. 91-123, title I, Sec. 104, Nov. 25, 1969, 83 Stat. 214; Pub. L. 92-65, title II, Sec. 206, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94-188, title I, Sec. 111, Dec. 31, 1975, 89 Stat. 1081; Pub. L. 95-193, Sec. 1, Nov. 18, 1977, 91 Stat. 1412; Pub. L. 96-88, title V, Sec. 509(b) Oct. 17, 1979, 93 Stat. 695; Pub. L. 96-545, Sec. 2, Dec. 18, 1980, 94 Stat. 3215.) -REFTEXT- REFERENCES IN TEXT Section 223 of this Act, referred to in subsec. (a), is section 223 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 18, which is set out as section 223 of this Appendix. The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Title VI of the Public Health Service Act is classified generally to subchapter IV (Sec. 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 Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (77 Stat. 282), referred to in subsec. (a), is Pub. L. 88-164, Oct. 31, 1963, 77 Stat. 282, as amended, which was classified principally to subchapter III (Sec. 2689 et seq.) of chapter 33 and chapter 75 (Sec. 6000 et seq.) of Title 42. Such subchapter III was popularly known as the Community Mental Health Centers Act prior to repeal by Pub. L. 97-35, title IX, Sec. 902(e)(2)(B), Aug. 13, 1981, 95 Stat. 560. For complete classification of these Acts to the Code, see Tables. This Act, referred to in subsec. (a), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The Social Security Act, referred to in subsec. (c), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which is classified generally to chapter 7 (Sec. 301 et seq.) of Title 42, The Public Health and Welfare. Parts A and B of title IV of the Social Security Act are classified generally to part A (Sec. 601 et seq.) and part B (Sec. 620 et seq.) of subchapter IV of chapter 7 of Title 42. Title XX of the Social Security Act is classified generally to subchapter XX (Sec. 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. Section 303 of this Act, referred to in subsec. (c), is section 303 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 20, which is set out as section 303 of this Appendix. Section 104 of the Public Works and Economic Development Act of 1965 (79 Stat. 554; 42 U.S.C. 3134), referred to in subsec. (c), was repealed by Pub. L. 94-188, title I, Sec. 123, Dec. 31, 1975, 89 Stat. 1086. Title I of that Act, referred to in subsec. (c), means title I of Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, known as the Public Works and Economic Development Act of 1965. Title I of the Public Works and Economic Development Act of 1965 is classified generally to subchapter I (Sec. 3131 et seq.) of chapter 38 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. -MISC2- AMENDMENTS 1980 - Subsec. (c). Pub. L. 96-545 substituted provisions relating to child development demonstrations assisted during fiscal year 1979, for provisions relating to maximum amount of transitional funding. 1977 - Subsec. (c). Pub. L. 95-193 inserted 'except that transitional funding not to exceed 75 per centum of annual operating costs may be approved for not more than two additional years of operations for child development demonstrations if the Commission finds that no Federal, State, or local funds are available to continue such demonstrations' after 'the initial grant for operation of the project'. 1975 - Subsec. (a). Pub. L. 94-188, Sec. 111(1), in provisions relating to acquisition of facilities, inserted reference to facilities previously operated for profit where the acquisition of such facility is the most cost-effective means for providing increased health services on a finding by the Commission that but for the acquisition of such facility such health services would not otherwise be provided in the area served by such facility, and also inserted reference to section 223 of this Act. Subsec. (c). Pub. L. 94-188, Sec. 111(2), in provisions relating to funds from which Federal contributions may be made, inserted reference to title XX of the Social Security Act. 1971 - Subsec. (c). Pub. L. 92-65, Sec. 206(a), inserted provision that Federal funds authorized under Federal grant programs for the provision of child development services, including title IV of the Social Security Act, may be used in combination with funds provided under this Appendix and further provided an exception to the Social Security Act to permit States to utilize funds for programs or projects that would be implemented in the Appalachian States without regard to any provision of law requiring the providing of this type of assistance or service on a statewide basis. Subsec. (d). Pub. L. 92-65, Sec. 206(b), inserted provision that the Federal contribution to the expenses of planning may be provided entirely from funds under this section or in combination with funds provided under other Federal or Federal grant-in-aid programs and that funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost authorized by this subsection. 1969 - Subsec. (a). Pub. L. 91-123, Sec. 104(a), authorized the Secretary to make grants for planning, construction, equipment, and operation of multi-county nutrition and child care projects. Subsec. (c). Pub. L. 91-123, Sec. 104(b), increased from 50 to 75 per centum of the costs for health projects the maximum amounts allowed for grants for the third, fourth, and fifty years of operations of such health projects. Pub. L. 91-123, Sec. 104(c), inserted provisions authorizing operating expenses for demonstration projects to be wholly funded by appropriations for this section, or in combination with funds provided to carry out other Federal grant-in-aid programs for the operation of health related facilities, and authorizing funds appropriated for this section to be used to increase Federal grants for operating components of demonstration health projects to the maximum per centum authorized by this subsection. Subsec. (e). Pub. L. 91-123, Sec. 104(d), substituted provisions that grants under this section, give special emphasis to research for the early detection, and treatment of occupational diseases arising from coal mining, for provisions that authorized to be appropriated an amount not to exceed $50,000,000 of the funds authorized in section 401 of this Act for the two-fiscal year period ending June 30, 1969 to carry out the purposes of this section. 1967 - Subsec. (a). Pub. L. 90-103 substituted 'health facilities and services' for 'health and medical facilities' and 'health projects' for 'health facilities', authorized planning grants, other services necessary to health, and grants for acquisition of privately owned facilities not operated for profit, and provided that construction grants be also made in accordance with other laws authorizing grants for construction of health-related facilities. Subsec. (b). Pub. L. 90-103 designated sources of funds for the Federal contribution and authorized use of the funds to increase Federal grants for facilities of a demonstration health project to a maximum of 80 per centum of the costs of such facilities, and eliminated provisions for availability of $41,000,000 for construction grants for period ending June 30, 1967, as provided in former provisions of section 401 of the Act, now incorporated in subsec. (e) of this section. Subsec. (c). Pub. L. 90-103 provided for operating funds and operating deficits comprising among other items the costs of attracting, training, and retaining qualified personnel, for projects whether or not constructed with funds authorized by this section, for component facility or service assisted under any operating grant, prohibited grants for operation of a project unless the facility is publicly owned, or owned by a public or private nonprofit organization, and is not operated for profit and unless the Secretary of Health, Education, and Welfare is satisfied that the operation of the project will be conducted under efficient management practices designed to deprive obviate operating deficites, and permitted a health-related facility constructed under title I of the Public Works and Economic Development Act of 1965 to be a component of a health project eligible for operating grant assistance under this section, and struck out provisions for availability of $28,000,000 for operating grants for period ending June 30, 1967, as provided in former provisions of section 401 of the Act, now incorporated in subsec. (e) of this section. Subsec. (d). Pub. L. 90-103 added subsec. (d). Subsec. (e). Pub. L. 90-103 incorporated former second sentence of subsec. (b) and last sentence of subsec. (c) in provisions designated as subsec. (e), substituting provisions for availability of $50,000,000 for two-fiscal-year period ending June 30, 1969, to carry out this section for former provisions of subsec. (b) for availability of $41,000,000 for construction grants and former provisions of subsec. (c) for availability of $28,000,000 for operating grants for period ending June 30, 1967, as provided in former provisions of section 401 of the Act. -CHANGE- CHANGE OF NAME 'Secretary of Health and Human Services' substituted for 'Secretary of Health, Education, and Welfare' in subsecs. (a), (c), and (d), pursuant to section 509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 20, Education. -MISC4- TERMINATION OF ADVISORY COMMITTEE Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees. STUDY OF CHILD DEVELOPMENT PROGRAMS BEING ASSISTED UNDER APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Section 2 of Pub. L. 95-193 authorized the Appalachian Regional Commission and the Department of Health, Education, and Welfare to make a full investigation and study of the child development programs being assisted under this Appendix to determine the source and nature of any problems in the phasing out of Federal assistance to such programs, to recommend solutions to such problems, and to report to Congress their findings and recommendations not later than one year after Nov. 18, 1977. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 401 of this Appendix. ------DocID 44536 Document 782 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 203 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 203. Land stabilization, conservation, and erosion control -STATUTE- (a) In order to provide for the control and prevention of erosion and sediment damages in the Appalachian region and to promote the conservation and development of the soil and water resources of the region, the Secretary of Agriculture is authorized to enter into agreements of not more than ten years with landowners, operators, and occupiers, individually or collectively, in the Appalachian region determined by him to have control for the period of the agreement of the lands described therein, providing for land stabilization, erosion and sediment control, and reclamation through changes in land use, and conservation treatment including the establishment of practices and measures for the conservation and development of soil, water, woodland, wildlife, and recreation resources. (b) The landowner, operator, or occupier shall furnish to the Secretary of Agriculture a conservation and development plan setting forth the appropriate and safe land uses and conservation treatment mutually agreed by the Secretary and the landowner (FOOTNOTE 1) operator, or occupier to be needed on the lands for which the plan was prepared. (FOOTNOTE 1) So in original. Probably should be followed by a comma. (c) Such plan shall be incorporated in an agreement under which the landowner, operator, or occupier shall agree with the Secretary of Agriculture to carry out the land uses and conservation treatment provided for in such plan on the lands described in the agreement in accordance with the terms and conditions thereof. (d) In return for such agreement by the landowner, operator, or occupier the Secretary of Agriculture shall be authorized to furnish financial and other assistance to such landowner, operator, or occupier in such amounts and subject to such conditions as the Secretary determines are appropriate and in the public interest for the carrying out of the land uses and conservation treatment set forth in the agreement: Provided, That grants hereunder shall not exceed 80 per centum of the cost of carrying out such land uses and conservation treatment on fifty acres of land occupied by such owner, operator, or occupier. (e) The Secretary of Agriculture may terminate any agreement with a landowner, operator or occupier by mutual agreement if the Secretary determines that such termination would be in the public interest, and may agree to such modification of agreements previously entered into hereunder as he deems desirable to carry out the purposes of this section or to facilitate the practical administration of the program authorized herein. (f) Notwithstanding any other provision of law, the Secretary of Agriculture, to the extent he deems it desirable to carry out the purposes of this section, may provide in any agreement hereunder for (1) preservation for a period not to exceed the period covered by the agreement and an equal period thereafter of the cropland, crop acreage, and allotment history applicable to land covered by the agreement for the purpose of any Federal program under which such history is used as a basis for an allotment or other limitation on the production of such crop; or (2) surrender of any such history and allotments. (g) The Secretary of Agriculture shall be authorized to issue such rules and regulations as he determines are necessary to carry out the provisions of this section. (h) In carrying out the provisions of this section, the Secretary of Agriculture shall utilize the services of the Soil Conservation Service, and the State and local committees provided for in section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)), and is authorized to utilize the facilities, services, and authorities of the Commodity Credit Corporation. The Corporation shall not make any expenditures to carry out the provisions of this subsection unless funds specifically appropriated for such purpose have been transferred to it. (i) Not to exceed $19,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section. -SOURCE- (Pub. L. 89-4, title II, Sec. 203, Mar. 9, 1965, 79 Stat. 12; Pub. L. 90-103, title I, Sec. 108, Oct. 11, 1967, 81 Stat. 260.) -REFTEXT- REFERENCES IN TEXT Section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590(b)), referred to in subsec. (h), is actually classified to section 590h(b) of Title 16, Conservation. -MISC2- AMENDMENTS 1967 - Subsec. (i). Pub. L. 90-103 substituted provisions for availability of $19,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $17,000,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act. -TRANS- TRANSFER OF FUNCTIONS Administration of program of Commodity Credit Corporation transferred to Secretary of Agriculture by Reorg. Plan No. 3 of 1946, Sec. 501, eff. July 16, 1946, 11 F.R. 7877, 60 Stat. 1100, set out in the Appendix to Title 5, Government Organization and Employees. ------DocID 44537 Document 783 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 204 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 204. Timber development organizations -STATUTE- (a) In order that the region shall more fully benefit from the timber stands that are one of its prime assets, the Secretary of Agriculture is authorized to - (1) provide technical assistance in the organization and operation, under State law, of private timber development organizations having as their objective the carrying out of timber development programs to improve timber productivity and quality, and increase returns to landowners through establishment of private nonprofit corporations, which on a self-supporting basis may provide (A) continuity of management, good cutting practices, and marketing services, (B) physical consolidation of small holdings or administrative consolidation for efficient management under long-term agreement, (C) management of forest lands, donated to the timber development organizations for demonstrating good forest management, on a profitable and taxpaying basis, and (D) establishment of a permanent fund for perpetuation of the work of the corporations to be composed of donations, real or personal, for educational purposes. (2) provide not more than one-half of the initial capital requirements of such timber development organizations through loans under the applicable provisions of the Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1926 et seq.). Such loans shall not be used for the construction or acquisition of facilities for manufacturing, processing, or marketing forest products, or for physical consolidation of small timber holdings authorized by (1)(B) above except for the establishment of demonstration units. (b) The Secretary of Agriculture is authorized to provide technical assistance, make grants, enter into contracts, or otherwise provide funds, first to colleges, universities and other institutions of higher education (with priority to land grant schools), and thereafter to forest products research institutions in the region and other appropriate public and private organizations, which schools, institutions, and organizations have the demonstrated capability to perform such research, for Appalachian hardwood products research, including investigations, studies, and demonstrations, which will further the purposes of this Act. Funds shall be provided only for programs and projects which will contribute significantly to the development of (1) Appalachian hardwood technology, (2) new or improved uses of Appalachian hardwood resources, (3) new or improved processes or methods for producing hardwood products, or (4) new or improved markets for such products. Funds under this section shall be provided solely out of sums specifically appropriated for the purposes of carrying out this Act, and shall not be taken into account in the allocation or distribution of funds pursuant to any other provision of law. (c) Not to exceed $2,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out the purposes of subsection (b) of this section. -SOURCE- (Pub. L. 89-4, title II, Sec. 204, Mar. 9, 1965, 79 Stat. 13; Pub. L. 90-103, title I, Sec. 109, Oct. 11, 1967, 81 Stat. 260.) -REFTEXT- REFERENCES IN TEXT The Consolidated Farmers Home Administration Act of 1961 (7 U.S.C. 1926 et seq.), referred to in subsec. (a)(2), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 307, as amended, known as the Consolidated Farm and Rural Development Act, which is classified principally to chapter 50 (Sec. 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. This Act, referred to in subsec. (b), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1967 - Subsecs. (b), (c). Pub. L. 90-103 added subsec. (b), redesignated former subsec. (b) as (c), and substituted provisions for availability of $2,000,000 to carry out purposes of subsec. (b) for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $5,000,000 to carry out this section for period ending June 30, 1967, as provided in former provisions of section 401 of the Act. ------DocID 44538 Document 784 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 205 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 205. Mining area restoration -STATUTE- (a) In order to further the economic development of the region by rehabilitating areas presently damaged by deleterious mining practices, the Secretary of the Interior is authorized to - (1) make financial contributions to States in the region to seal and fill voids in abandoned coal mines and abandoned oil and gas wells, and to reclaim and rehabilitate lands affected by the strip and surface mining and processing of coal and other minerals, including lands affected by waste piles, in accordance with provisions of the Act of July 15, 1955 (30 U.S.C. 571 et seq.) to the extent applicable, without regard to section 2(b) thereof (30 U.S.C. 572(b)) or to any provisions therein limiting assistance to anthracite coal formation, or to the Commonwealth of Pennsylvania; to control and abate mine drainage pollution; and for planning or engineering for any such activities. Grants under this paragraph shall be made wholly out of funds specifically appropriated for the purposes of carrying out this Act. (2) plan and execute projects for planning, engineering, or extinguishing underground and outcrop mine fires in the region or to make grants to the States for carrying out such projects, in accordance with the applicable provisions of the Act of August 31, 1954 (30 U.S.C. 551 et seq.), without regard to any provisions therein relating in annual appropriation authorization ceilings. Grants under this paragraph shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act. (b) Notwithstanding any other provision of law, the Federal share of mining area restoration project costs carried out under subsection (a) of this section and conducted on lands other than federally owned lands shall not exceed 75 per centum of the total cost thereof. For the purposes of this section, such project costs may include the reasonable value (including donations) of planning, engineering, real property acquisition (limited to the reasonable value of the real property in its unreclaimed state and costs incidental to its acquisition, as determined by the Commission), and such other materials (including, but not limited to, sand, clay, stone, culm, rock, spoil bank and noncombustible materials) and services as may be required for such project. (c) Whenever a State, local government, or other nonprofit applicant agrees to indemnify the Federal Government, or its officers, agents, or employees, for all claims of loss or damage resulting from the use and occupation of lands for a project assisted under this section, the Secretary may waive all requirements for the submission of releases, consents, waivers, or similar instruments respecting such lands, but the Secretary may require security as he deems appropriate for any such indemnification agreement. (d) No moneys authorized by this Act shall be expended for the purposes of reclaiming, improving, grading, seeding, or reforestation of strip-mined areas, except on lands owned by Federal, State, or local government bodies or by private nonprofit entities organized under State law to be used for public recreation, conservation, community facilities, or public housing. -SOURCE- (Pub. L. 89-4, title II, Sec. 205, Mar. 9, 1965, 79 Stat. 13; Pub. L. 90-103, title I, Sec. 110, Oct. 11, 1967, 81 Stat. 261; Pub. L. 91-123, title I, Sec. 105, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II, Sec. 207, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94-188, title I, Sec. 112, Dec. 31, 1975, 89 Stat. 1081.) -REFTEXT- REFERENCES IN TEXT Act of July 15, 1955 (30 U.S.C. 571 et seq.), referred to in subsec. (a)(1), is act July 15, 1955, ch. 369, 69 Stat. 352, as amended, which is classified generally to chapter 14 (Sec. 571 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Tables. This Act, referred to in subsecs. (a)(1), (2), (d), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. Act of August 31, 1954 (30 U.S.C. 551 et seq.), referred to in subsec. (a)(2), is act Aug. 31, 1954, ch. 1156, 68 Stat. 1009, which is classified generally to chapter 13 (Sec. 551 et seq.) of Title 30, Mineral Lands and Mining. For complete classification of this Act to the Code, see Tables. -MISC2- AMENDMENTS 1975 - Subsec. (a)(1). Pub. L. 94-188, Sec. 112(1), authorized the Secretary of the Interior to plan and engineer the activities enumerated in this subsection. Subsec. (a)(2). Pub. L. 94-188, Sec. 112(2), substituted 'execute projects for planning, engineering, or extinguishing' for 'execute projects for extinguishing'. Subsec. (b). Pub. L. 94-188, Sec. 112(3), substituted 'other materials (including, but not limited to, sand, clay, stone, culm, rock, spoil bank and noncombustible materials) and services' for 'other materials and services'. Subsec. (c). Pub. L. 94-188, Sec. 112(4), substituted provisions relating to indemnification agreements for provisions relating to study and recommendations for reclamation and rehabilitation of strip and surface mining areas. Subsec. (d). Pub. L. 94-188, Sec. 112(5), struck out authorization of appropriation for the two-fiscal-year period ending June 30, 1969 and substituted provisions that the moneys be used for public recreation, conservation, community facilities, or public housing for provisions that the moneys may not be used until authorized by law after completion of the study and report to the President as provided in subsec. (c) of this section. 1971 - Subsec. (a)(1). Pub. L. 92-65, Sec. 207(a), inserted provisions authorizing contributions to control or abate mine drainage pollution. Subsec. (b). Pub. L. 92-65, Sec. 207(b), struck out fiscal year limitation, and extended the existing 75-25 Federal-State cost sharing ratio for restoration projects, and substituted new formula for the computation of costs. 1969 - Subsec. (a)(2). Pub. L. 91-123, Sec. 105(a), authorized grants to be made to States for planning, and execution of projects for the extinguishment of underground and outcrop mine fires. Subsec. (b). Pub. L. 91-123, Sec. 105(b), extended the Federal share provisions for mining area restoration programs to fiscal years 1970 and 1971. 1967 - Subsec. (a)(1). Pub. L. 90-103, Sec. 110(a), authorized contributions to seal and fill voids in abandoned oil and gas wells and substituted 'lands affected by the strip and surface mining and processing of coal and other minerals, including lands affected by waste piles' for 'existing strip and surface mine areas'. Subsec. (a)(3). Pub. L. 90-103, Sec. 110(b), struck out subsec. (a)(3) which contained an authorization for expansion and acceleration of fish and wildlife restoration projects in the region in accordance with Act Sept. 2, 1937, and Act Aug. 9, 1950, without regard to any provisions therein for apportionments among the States and to limitations on availability of funds, provision for payment of project expenses out of specific appropriations to carry out the Act, and, provisions for disregarding such expenses in computation of apportionments among the States pursuant to other provisions of law. Subsec. (b). Pub. L. 90-103, Sec. 110(c), made the Federal share provisions applicable for fiscal years 1968, and 1969, included as project items reasonable planning and engineering costs, and provided for the non-Federal share of the cost of projects. Subsec. (d). Pub. L. 90-103, Sec. 110(d), substituted provisions for availability of $30,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $36,500,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act. ------DocID 44539 Document 785 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 206 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 206. Water resource survey -STATUTE- (a) The Secretary of the Army is hereby authorized and directed to prepare a comprehensive plan for the development and efficient utilization of the water and related resources of the Appalachian region, giving special attention to the need for an increase in the production of economic goods and services within the region as a means of expanding economic opportunities and thus enhancing the welfare of its people, which plan shall constitute an integral and harmonious component of the regional economic development program authorized by this Act. (b) This plan may recommend measures for the control of floods, the regulation of the rivers to enhance their value as sources of water supply for industrial and municipal development, the generation of hydroelectric power, the prevention of water pollution by drainage from mines, the development and enhancement of the recreational potentials of the region, the improvement of the rivers for navigation where this would further industrial development at less cost than would the improvement of other modes of transportation, the conservation and efficient utilization of the land resource, and such other measures as may be found necessary to achieve the objectives of this section. (c) To insure that the plan prepared by the Secretary of the Army shall constitute a harmonious component of the regional program, he shall consult with the Commission and the following: the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Health, Education, and Welfare, the Secretary of the Interior, Secretary of Transportation, the Tennessee Valley Authority, and the Federal Power Commission. (d) The plan prepared pursuant to this section shall be submitted to the Commission. The Commission shall submit the plan to the President with a statement of its views, and the President shall submit the plan to the Congress with his recommendations not later than December 31, 1968. (e) The Federal agencies referred to in subsection (c) of this section are hereby authorized to assist the Secretary of the Army in the preparation of the plan authorized by this section, and the Secretary of the Army is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to the preparation of this plan and on such terms as he may deem appropriate, with any department, agency, or instrumentality of the United States or with any State, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or corporation. (f) The plan to be prepared by the Secretary of the Army pursuant to this section shall also be coordinated with all comprehensive river basin plans heretofore or hereafter developed by United States study commissions, interagency committees, or similar planning bodies, for those river systems draining the Appalachian region. (g) Not to exceed $2,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section. -SOURCE- (Pub. L. 89-4, title II, Sec. 206, Mar. 9, 1965, 79 Stat. 15; Pub. L. 89-670, Sec. 8(c), Oct. 15, 1966, 80 Stat. 943; Pub. L. 90-103, title I, Sec. 111, Oct. 11, 1967, 81 Stat. 261.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (a), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1967 - Subsec. (g). Pub. L. 90-103 substituted provisions for availability of $2,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $5,000,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act. 1966 - Subsec. (c). Pub. L. 89-670 added Secretary of Transportation to list of officers with whom Secretary of the Army is required to consult. -CHANGE- CHANGE OF NAME Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education. -MISC4- EFFECTIVE DATE OF 1966 AMENDMENT Amendment by Pub. L. 89-670 effective Apr. 1, 1967, as prescribed by the President and published in the Federal Register, see section 16(a), formerly Sec. 15(a), of Pub. L. 89-670 and Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, set out as notes under section 1651 of Title 49, Appendix, Transportation. -TRANS- TRANSFER OF FUNCTIONS Federal Power Commission terminated and its functions, personnel, property, funds, etc., transferred to Secretary of Energy (except for certain functions transferred to Federal Energy Regulatory Commission) by sections 7151(b), 7171(a), 7172(a), 7291, and 7293 of Title 42, The Public Health and Welfare. ------DocID 44540 Document 786 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 207 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 207. Assistance for proposed low- and middle-income housing projects -STATUTE- (a) In order to encourage and facilitate the construction or rehabilitation of housing to meet the needs of low- and moderate-income families and individuals, the Secretary of Housing and Urban Development (hereafter in this section referred to as the 'Secretary') is authorized to make grants and loans from the Appalachian Housing Fund established by this section, under such terms and conditions as he may prescribe, to nonprofit, limited dividend, or cooperative organizations and public bodies, for planning and obtaining federally insured mortgage financing or other financial assistance for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221 of the National Housing Act, section 8 of the United States Housing Act of 1937, section 515 of the Housing Act of 1949, or any other law of similar purpose administered by the Secretary or any other department, agency, or instrumentality of the Federal or State government, in any area of the Appalachian region determined by the Commission. (b) No loan under subsection (a) of this section shall exceed 80 per centum of the cost of planning and obtaining financing for a project, including, but not limited to, 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. Such loans shall be made without interest, except that any loan made to an organization established for profit shall bear interest at the prevailing market rate authorized for an insured or guaranteed loan for such project. The Secretary shall require payments of loans made under this section, under such terms and conditions as he may require, upon completion of the project or sooner, and except in the case of a loan to an organization established for profit, may cancel any part or all of such a loan, if he determines that a permanent loan to finance such project cannot be obtained in an amount adequate for repayment of such loan under this section. (c)(1) Except as provided in paragraph (2) of this subsection, no grant under this section shall exceed 80 per centum of those expenses, incident to planning and obtaining financing for a project, which the Secretary considers not to be recoverable from the proceeds of any permanent loan made to finance such project, and no such grant shall be made to an organization established for profit. (2) The Secretary is authorized to make grants and commitments for grants, and may advance funds under such terms and conditions as he may require, to nonprofit, limited dividend, or cooperative organizations and public bodies for reasonable site development costs and necessary offsite improvements, such as sewer and water line extensions, whenever such a grant, commitment, or advance is essential to the economic feasibility of any housing construction or rehabilitation project for low- and moderate-income families and individuals which otherwise meets the requirements for assistance under this section, except that no such grant for the construction of housing, shall exceed 10 per centum of the cost of such project, and no such grant for the rehabilitation of housing shall exceed 10 per centum of the reasonable value of such rehabilitation housing, as determined by the Secretary. (d) All funds allocated to the Secretary for the purposes of this section shall be deposited in a fund which shall be known as the Appalachian Housing Fund and shall be used as a revolving fund by the Secretary for carrying out such purposes. General expenses of administration of this section may be charged to the fund. Moneys in the fund not needed for current operation may be invested in bonds or other obligations guaranteed as to principal and interest by the United States. (e) The Secretary or the Commission may provide, or contract with public or private organizations to provide, information, advice, and technical assistance with respect to the construction, rehabilitation, and operation by nonprofit organizations of housing for low or moderate income families in such areas of the region and may provide funds to the States for making grants and loans to nonprofit, limited dividend, or cooperative organizations and public bodies for the purposes for which the Secretary is authorized to provide funds under this section. (f) Programs and projects assisted under this section shall be subject to the provisions cited in section 402 of this Act, notwithstanding such section, to the extent provided in the laws authorizing assistance for low- and moderate-income housing. -SOURCE- (Pub. L. 89-4, title II, Sec. 207, as added Pub. L. 90-103, title I, Sec. 112, Oct. 11, 1967, 81 Stat. 261, and amended Pub. L. 90-448, title II, Sec. 201(f), Aug. 1, 1968, 82 Stat. 502; Pub. L. 91-123, title I, Sec. 106, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II, Sec. 208, Aug. 5, 1971, 85 Stat. 169; Pub. L. 94-188, title I, Sec. 113, Dec. 31, 1975, 89 Stat. 1082.) -REFTEXT- REFERENCES IN TEXT Section 221 of the National Housing Act, referred to in subsec. (a), is classified to section 1715l of Title 12, Banks and Banking. Section 8 of the United States Housing Act of 1937, referred to in subsec. (a), is classified to section 1437f of Title 42, The Public Health and Welfare. Section 515 of the Housing Act of 1949, referred to in subsec. (a), is classified to 1485 of Title 42. Section 402 of this Act, referred to in subsec. (f), is section 402 of Pub. L. 89-4, Mar. 9, 1951, 79 Stat. 21, which is set out as section 402 of this Appendix. -MISC2- AMENDMENTS 1975 - Subsec. (a). Pub. L. 94-188, Sec. 113(1), substituted reference to section 8 of the United States Housing Act of 1937, section 515 of the Housing Act of 1949, or any other law of similar purpose administered by the Secretary or any other department, agency, or instrumentality of the Federal or State government for reference to section 235, or 236 of the National Housing Act. Subsec. (c)(2). Pub. L. 94-188, Sec. 113(2), included limited dividend and cooperative organizations in the list of recipients who may receive grants and commitments for grants and advances, and inserted provisions that no grant for the rehabilitation of housing shall exceed 10 per centum of the reasonable value of such rehabilitation housing as determined by the Secretary. Subsec. (e). Pub. L. 94-188, Sec. 113(3), inserted provision that the Secretary or the Commission may provide funds to the States for making grants and loans to nonprofit, limited dividend, or cooperative organizations and public bodies for the purposes for which the Secretary is authorized to provide funds under this section. Subsec. (f). Pub. L. 94-188, Sec. 113(4), added subsec. (f). 1971 - Pub. L. 92-65, Sec. 208(a), substituted 'low- and moderate-income housing projects' for 'housing projects under section 221 and section 236 of the National Housing Act' in section catchline. Subsec. (a). Pub. L. 92-65, Sec. 208(b), substituted provisions authorizing grants and loans for planning and obtaining federally insured mortgage financing for housing construction or rehabilitation projects for low- and moderate-income families and individuals, under section 221, 235, or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission for provisions authorizing grants and loans for expenses of planning and obtaining insured mortgage for housing construction or rehabilitation projects, under section 221 or 236 of the National Housing Act, in any area of the Appalachian region determined by the Commission to have significant potential for future growth. Subsec. (b). Pub. L. 92-65, Sec. 208(b), redesignated subsec. (c) as (b), substituted 'application and mortgage commitment fees, legal fees' for 'Federal Housing Administration, Government National Mortgage Association and Federal National Mortgage Association fees', struck out references to section 221 or 236 in three places, and modified provisions relating to repayment of loans to permit cancellation of all or any part of the loan if the Secretary determines that a permanent loan cannot be obtained in any case except loans to profitmaking organizations. Former subsec. (b) redesignated (c)(1) and amended. Subsec. (c)(1). Pub. L. 92-65, Sec. 208(b), redesignated former subsec. (b) as subsec. (c)(1), extended the 80 percent limitation to expenses incident to planning and obtaining financing for a housing project, and exempted par. (2) from the limitation in par. (1). Subsec. (c)(2). Pub. L. 92-65, Sec. 208(b), added par. (2). Subsec. (e). Pub. L. 92-65, Sec. 208(c), extended to the Commission the authority to provide technical assistance for construction, rehabilitation, and operation by nonprofit organizations of low or moderate income housing units. 1969 - Subsec. (e). Pub. L. 91-123 substituted provisions that authorized the Secretary to provide technical assistance for construction, rehabilitation, and operation by nonprofit organizations of low or moderate income housing units for provisions that authorized to be appropriated an amount not to exceed $5,000,000 of the funds authorized in section 401 of this Act for the two-fiscal year period ending June 30, 1969 to carry out the purposes of this section. 1968 - Pub. L. 90-448, Sec. 201(f)(1), inserted 'and section 236' in section catchline. Subsec. (a). Pub. L. 90-448, Sec. 201(f)(2), (3), substituted 'section 221 or section 236 of the National Housing Act' for 'section 221 of the National Housing Act', and 'as 'section 221' or 'section 236' ' for 'as section 221'. Subsec. (b). Pub. L. 90-448, Sec. 201(f)(2), inserted reference to section 236. Subsec. (c). Pub. L. 90-448, Sec. 201(f)(2), (4), inserted reference to section 236 and included Government National Mortgage Association fees. ------DocID 44541 Document 787 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 208 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part A -HEAD- Sec. 208. Appalachian airport safety improvements -STATUTE- (a) In order to provide a system of airports in the Appalachian region which can accommodate a greater number of passengers in safety and thereby increase commerce and communication in areas with developmental potential, the Secretary of Transportation (hereafter in this section referred to as the 'Secretary') is authorized to make grants to existing airports for the purpose of enhancing the safety of aviation and airport operations. (b) Such airport safety improvement projects may include (A) approach clearance, the removal, lowering, relocation, and marking and lighting of airport hazards, navigation aids, site preparation for navigation aids, and the acquisition of adequate safety equipment (including firefighting and rescue equipment), and (B) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace which is necessary for such projects or to remove or mitigate or prevent or limit the establishment of, airport hazards. (c) Grants under this section shall be made solely from funds specifically made available to the President for the purpose of carrying out this Act in accordance with the provisions of this Act, and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provisions of law. (d) Except as context otherwise indicates, words and phrases used in this section shall have the same meaning as in the Airport and Airway Development Act of 1970 and the Federal Aviation Act of 1958, as amended. (e) Federal assistance to any project under this section shall not exceed 90 per centum of the costs of the project, except for assistance for navigation aids which may be 100 per centum. (f) The Secretary is authorized to incur obligations to make grants for airport safety improvement projects, in a total amount not to exceed $40,000,000 during the period ending June 30, 1975. There are authorized to be appropriated to the President such sums as may be required for liquidation of the obligations incurred under this section. -SOURCE- (Pub. L. 89-4, title II, Sec. 208, as added Pub. L. 92-65, title II, Sec. 205, Aug. 5, 1971, 85 Stat. 168.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsec. (c), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The Airport and Airway Development Act of 1970, referred to in subsec. (d), is title I of Pub. L. 91-258, May 21, 1970, 84 Stat. 219, as amended, which is classified principally to chapter 25 (Sec. 1701 et seq.) of Title 49, Appendix, Transportation. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 49, Appendix, and Tables. The Federal Aviation Act of 1958, referred to in subsec. (d), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as amended, which is classified generally to chapter 20 (Sec. 1301 et seq.) of Title 49, Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 49, Appendix, and Tables. -MISC2- RESCISSION OF AUTHORITY TO INCUR OBLIGATIONS TO MAKE GRANTS FOR AIRPORT SAFETY IMPROVEMENT PROJECTS Pub. L. 93-529, ch. III, Dec. 21, 1974, 88 Stat. 1711, provided in part that: 'The authority to incur obligations provided by subsection (f) of section 208 of the Appalachian Regional Development Act of 1965, as amended (85 Stat. 169, 40 App. U.S.C. 208), is rescinded.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 401 of this Appendix. ------DocID 44542 Document 788 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Part B -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part B -HEAD- Part B - Supplementations and Modifications of Existing Programs ------DocID 44543 Document 789 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 211 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part B -HEAD- Sec. 211. Vocational education facilities and vocational and technical education demonstration projects -STATUTE- (a) In order to provide basic facilities to give the people of the region the training and education they need to obtain employment, the Secretary of Education is authorized to make grants for construction of the school facilities and for the equipment and operation of such facilities and other school facilities needed for the provision of vocational education in areas of the region in which such education is not now adequately available. Such grants shall be made in accordance with the provisions of the Carl D. Perkins Vocational Education Act (20 U.S.C. 2301 et seq.), without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the computation of the allotments among the States made pursuant to any other provision of law. (b)(1) In order to assist in the expansion and improvement of educational opportunities and services for the people of the region, the Secretary of Education is authorized to make grants for planning, construction, equipping, and operating educational projects which will serve to demonstrate areawide education planning, services, and programs, with special emphasis on vocational and technical education, career education, cooperative and recurrent education, guidance and counseling. Projects shall be selected with the involvement of all sectors of the community, including industry and labor. Grants under this section shall be made solely out of funds specifically appropriated for the purposes of this Act and shall not be taken into account in any computation of allotments among the States pursuant to any other law. (2) No grant for the construction or equipment of any component of an education demonstration project shall exceed 80 per centum of its costs. (3) Grants under this section for operation of components of education demonstration projects, whether or not constructed by funds authorized by this Act, may be made for up to 100 per centum of the costs thereof for the two-year period beginning on the first day that such component is in operation as a part of the project. For the next three years of operation, such grants shall not exceed 75 per centum of such costs. No grants for operation of education demonstration projects shall be made after five years following the commencement of the initial grant for operation of the project. Notwithstanding section 104 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3134), an education-related facility constructed under title I of that Act may be a component of an education demonstration project eligible for operating grant assistance under this section. (4) No grant for expenses of planning necessary for the development and operation of an education demonstration project shall exceed 75 per centum of such expenses. (5) No grant for planning, construction, equipment, or operation of an education demonstration project shall be made unless the facility is publicly owned, but this shall not be deemed to preclude training or on-the-job employment activities away from such facility if the project is administered through a public body. (6) Any Federal contribution referred to in this section may be provided entirely from funds appropriated to carry out this section, or in combination with funds available under other Federal grant-in-aid programs providing assistance for education-related facilities or services. Notwithstanding any provision of law limiting the Federal share in such programs, funds appropriated to carry out this section may be used to increase such Federal share to the maximum percentage cost thereof authorized by the applicable paragraph of this subsection. -SOURCE- (Pub. L. 89-4, title II, Sec. 211, Mar. 9, 1965, 79 Stat. 16; Pub. L. 90-103, title I, Sec. 113, Oct. 11, 1967, 81 Stat. 262; Pub. L. 92-65, title II, Sec. 209, Aug. 5, 1971, 85 Stat. 170; Pub. L. 94-188, title I, Sec. 114, Dec. 31, 1975, 89 Stat. 1082; Pub. L. 96-88, title III, Sec. 301, title V, Sec. 507, Oct. 17, 1979, 93 Stat. 677, 692; Pub. L. 98-524, Sec. 4(e)(1), Oct. 19, 1984, 98 Stat. 2489.) -REFTEXT- REFERENCES IN TEXT The Carl D. Perkins Vocational Education Act, referred to in subsec. (a), is Pub. L. 88-210, Dec. 13, 1963, 77 Stat. 403, as amended, known as the Carl D. Perkins Vocational and Applied Technology Education Act, which is classified generally to chapter 44 (Sec. 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. This Act, referred to in subsecs. (a), (b)(1), (3), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. Section 104 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3134), referred to in subsec. (b)(3), was repealed by Pub. L. 94-188, title I, Sec. 123, Dec. 31, 1975, 89 Stat. 1086. Title I of that Act, referred to in subsec. (b)(3), means title I of the Public Works and Economic Development Act of 1965, Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552. Title I of the Public Works and Economic Development Act of 1965 is classified generally to subchapter I (Sec. 3131 et seq.) of chapter 38 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. -MISC2- AMENDMENTS 1984 - Subsec. (a). Pub. L. 98-524, Sec. 4(e)(1), substituted 'the Carl D. Perkins Vocational Education Act' for 'the Vocational Education Act of 1963 (77 Stat. 403)'. As originally enacted, section 4(e)(1) of Pub. L. 98-524 directed that section 113(a) of the Appalachian Regional Development Act of 1965 be so amended but was executed to subsec. (a) of this section as the probable intent of Congress since such Act does not have a section 113 and the language to be substituted for is contained in subsec. (a). 1975 - Subsec. (b)(1). Pub. L. 94-188, Sec. 114(1), substituted provisions authorizing the Secretary to make grants for planning, constructions, equipping, and operating educational projects which will serve to demonstrate areawide education planning, services, and programs, with special emphasis on vocational and technical education, career education, cooperative and recurrent education, guidance and counseling for provisions authorizing the Secretary to make such grants for vocational and technical educational projects which will serve to demonstrate areawide educational planning, services, and programs, and inserted provision that projects shall be selected with the involvement of all sectors of the community, including industry and labor. Subsec. (b)(2). Pub. L. 94-188, Sec. 114(2), substituted 'component of an education' for 'component of a vocational and technical education'. Subsec. (b)(3). Pub. L. 94-188, Sec. 114(3), substituted reference to education demonstration projects for reference to vocational and technical education demonstration projects in three places. Subsec. (b)(4). Pub. L. 94-188, Sec. 114(4), substituted 'operation of an education' for 'operation of a vocational and technical education'. Subsec. (b)(5). Pub. L. 94-188, Sec. 114(5), substituted provisions that no grant for planning, construction, equipment, or operation of an education demonstration project shall be made unless the facility is publicly owned, but that this shall not be deemed to preclude training or on-the-job employment activities away from such facility if the project is administered through a public body for provisions that no grant for planning, construction, operation, or equipment of a vocational and technical education demonstration project shall be made unless the facility is publicly owned. 1971 - Pub. L. 92-65, Sec. 209(a), inserted 'and vocational and technical education demonstration projects' in section catchline. Subsec. (a). Pub. L. 92-65, Sec. 209(b), extended the authority of the Secretary to make grants for the operation of school facilities. Subsec. (b). Pub. L. 92-65, Sec. 209(c), substituted pars. (1) to (6) for provisions authorizing $26,000,000 for the two-fiscal-year period ending June 30, 1969, out of the total appropriations authorized under section 401 of this Appendix. 1967 - Subsec. (a). Pub. L. 90-103, Sec. 113(a), inserted 'and for the equipment of such facilities and other school facilities' before 'needed,' in first sentence. Subsec. (b). Pub. L. 90-103, Sec. 113(b), substituted provisions for availability of $26,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $16,000,000 for period ending June 30, 1967, as provided in provisions of section 401 of the Act. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-524 effective for fiscal years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98-524, set out as an Effective Date note under section 2301 of Title 20, Education. -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Education' substituted for 'Secretary of Health, Education, and Welfare' in subsec. (a) and for 'Secretary of the Department of Health, Education, and Welfare' in subsec. (b)(1) pursuant to sections 301 and 507 of Pub. L. 96-88, which are classified to sections 3441 and 3507 of Title 20, Education, and which transferred functions and offices (relating to education) of Secretary and Department of Health, Education, and Welfare to Secretary of Education. ------DocID 44544 Document 790 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 212 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part B -HEAD- Sec. 212. Sewage treatment works -STATUTE- (a) In order to provide facilities to assist in the prevention of pollution of the region's streams and to protect the health and welfare of its citizens, the Administrator of the Environmental Protection Agency is authorized to make grants for the construction of sewage treatment works in accordance with the provisions of the Federal Water Pollution Control Act (33 U.S.C. 466 et seq.), without regard to any provisions therein relating to appropriation authorization ceilings or to allotments among the States. Grants under this section shall be made solely out of funds specifically appropriated for the purpose of carrying out this Act, and shall not be taken into account in the computation of the allotments among the States pursuant to any other provision of law. (b) Not to exceed $6,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section. -SOURCE- (Pub. L. 89-4, title II, Sec. 212, Mar. 9, 1965, 79 Stat. 16; Pub. L. 90-103, title I, Sec. 114, Oct. 11, 1967, 81 Stat. 262; 1966 Reorg. Plan No. 2, Sec. 1(h)(2), eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1609; 1970 Reorg. Plan No. 3, Sec. 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087.) -REFTEXT- REFERENCES IN TEXT The Federal Water Pollution Control Act (33 U.S.C. 466 et seq.), referred to in subsec. (a), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. This Act, referred to in subsec. (a), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. Section 401 of this Act, referred to in subsec. (b), is section 401 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 21, which is set out as section 401 of this Appendix. -MISC2- AMENDMENTS 1967 - Subsec. (b). Pub. L. 90-103 substituted provisions for availability of $6,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $6,000,000 for period ending June 30, 1967, as provided in former provisions of section 401 of this Act. -TRANS- TRANSFER OF FUNCTIONS Functions of Secretary of the Interior and Department of the Interior administered through Federal Water Quality Administration, functions which were transferred to Secretary of the Interior by Reorg. Plan No. 2 of 1966, eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608, and functions vested in Secretary of the Interior or Department of the Interior by Federal Water Pollution Control Act (see Short Title note set out under section 1251 of Title 33, Navigation and Navigable Waters) transferred to Administrator of Environmental Protection Agency by Reorg. Plan No. 3 of 1970, Sec. 2(a)(1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2087, set out in the Appendix to Title 5, Government Organizations and Employees. Functions of Secretary of Health, Education, and Welfare under this section transferred to Secretary of the Interior, see section 1(h)(2) of Reorg. Plan No. 2 of 1966, eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1609, set out in the Appendix to Title 5. ------DocID 44545 Document 791 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 213 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part B -HEAD- Sec. 213. Amendments to Housing Act of 1954 -STATUTE- (a) Section 701(a) of the Housing Act of 1954 (40 U.S.C. 461(a)) is amended by striking the word 'and' at the end of paragraph (7), by substituting for the period at the end of paragraph (8) the phrase '; and', and by adding a new paragraph (9) to read as follows: '(9) the Appalachian Regional Commission, established by the Appalachian Regional Development Act of 1965, for comprehensive planning for the Appalachian region as defined by section 403 of such Act.' (b) Section 701(b) of the Housing Act of 1954 (40 U.S.C. 461(b)) is amended by adding before the period at the end of the first sentence the following: ', to States participating in planning for Appalachian regional programs, for expenses incurred in the course of such planning, or to the Appalachian Regional Commission'. -SOURCE- (Pub. L. 89-4, title II, Sec. 213, Mar. 9, 1965, 79 Stat. 17.) -REFTEXT- REFERENCES IN TEXT Sections 701(a) and 701(b) of the Housing Act of 1954, referred to in text, which was classified to section 461(a) and (b) of Title 40, Public Buildings, Property, and Works, was repealed by Pub. L. 97-35, title III, Sec. 313(b), Aug. 13, 1981, 95 Stat. 398. The Appalachian Regional Development Act of 1965, referred to in subsec. (a), is Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, which is set out in this Appendix. Section 403 of such Act is set out as section 403 of this Appendix. For complete classification of this Act to the Code, see Tables. ------DocID 44546 Document 792 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 214 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part B -HEAD- Sec. 214. Supplements to Federal grant-in-aid programs -STATUTE- (a) In order to enable the people, States, and local communities of the region, including local development districts, to take maximum advantage of Federal grant-in-aid programs (as hereinafter defined) for which they are eligible but for which, because of their economic situation, they cannot supply the required matching share, or for which there are insufficient funds available under the Federal grant-in-aid Act authorizing such programs to meet pressing needs of the region, the President is authorized to provide funds to the Federal Cochairman to be used for all or any portion of the basic Federal contribution to projects or activities (hereinafter referred to as projects) under such Federal grant-in-aid programs authorized by Federal grant-in-aid Acts, and for the purpose of increasing the Federal contribution to projects under such programs, as hereafter defined, above the fixed maximum portion of the cost of such projects otherwise authorized by the applicable law. In the case of any program or project for which all or any portion of the basic Federal contribution to the project under a Federal grant-in-aid program is proposed to be made under this subsection, no such Federal contribution shall be made until the responsible Federal official administering the Federal grant-in-aid Act authorizing such contribution certifies that such program or project meets the applicable requirements of such Federal grant-in-aid Act and could be approved for Federal contribution under such Act if funds were available under such Act for such program or project. Funds may be provided for programs and projects in a State under this subsection only if the Commission determines that the level of Federal and State financial assistance under Acts other than this Act, for the same type of programs or projects in that portion of the State within the region, will not be diminished in order to substitute funds authorized by this subsection. Funds provided pursuant to this Act shall be available without regard to any limitations on areas eligible for assistance or authorizations for appropriation in any other Act. Any findings, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for the administration of any Federal grant-in-aid programs shall be accepted by the Federal Cochairman with respect to a supplemental grant for any project under such program. (b) The Federal portion of such costs shall not be increased in excess of the percentages established by the Commission, and shall in no event exceed 80 per centum thereof. (c) The term 'Federal grant-in-aid programs' as used in this section means those Federal grant-in-aid programs authorized on or before December 31, 1980, by this Act and Acts other than this Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including but not limited to grant-in-aid programs authorized by the following Acts: Federal Water Pollution Control Act; Watershed Protection and Flood Prevention Act; titles VI and XVI of the Public Health Services Act; Carl D. Perkins Vocational Education Act; Library Services and Construction Act; Federal Airport Act; Airport and Airway Development Act of 1970; part IV of title III of the Communications Act of 1934; title VI (part A) and VII of the Higher Education Act of 1965; Land and Water Conservation Fund Act of 1965; National Defense Education Act of 1958; Consolidated Farm and Rural Development Act; titles I and IX of the Public Works and Economic Development Act of 1965; the housing repair program for homeowners authorized by section 1319 of title 42 United States Code; grants under the Indian Health Service Act (42 Stat. 208); and title I of the Housing and Community Development Act of 1974. The term shall not include (A) the program for the construction of the development highway system authorized by section 201 of this Act or any other program relating to highway or road construction, or (B) any other program for which loans or other Federal financial assistance, except a grant-in-aid program, is authorized by this or any other Act. For the purpose of this section, any sewage treatment works constructed pursuant to section 8(c) of the Federal Water Pollution Control Act without Federal grant-in-aid assistance under such section shall be regarded as if constructed with such assistance. (d) Not to exceed $97,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section. -SOURCE- (Pub. L. 89-4, title II, Sec. 214, Mar. 9, 1965, 79 Stat. 17; Pub. L. 90-103, title I, Sec. 116, Oct. 11, 1967, 81 Stat. 263; Pub. L. 91-123, title I, Sec. 107, Nov. 25, 1969, 83 Stat. 215; Pub. L. 91-258, title I, Sec. 52(b)(5), May 21, 1970, 84 Stat. 235; Pub. L. 92-65, title II, Sec. 210, Aug. 5, 1971, 85 Stat. 171; Pub. L. 94-188, title I, Sec. 115, Dec. 31, 1975, 89 Stat. 1083; Pub. L. 96-506, Sec. 3(4), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 98-524, Sec. 4(e)(2), Oct. 19, 1984, 98 Stat. 2489.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The Federal Water Pollution Control Act, referred to in subsec. (c), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Watershed Protection and Flood Prevention Act, referred to in subsec. (c), is act Aug. 4, 1954, ch. 656, 68 Stat. 666, as amended, which is classified principally to chapter 18 (Sec. 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 Public Health Service Act, referred to in subsec. (c), is act July 1, 1944, ch. 373, 58 Stat. 682, as amended. Titles VI and XVI of the Public Health Service Act are classified generally to subchapters IV (Sec. 291 et seq.) and XIV (Sec. 300o et seq.), respectively, 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 Carl D. Perkins Vocational Education Act, referred to in subsec. (c), is Pub. L. 88-210, Dec. 18, 1963, 77 Stat. 403, as amended, known as the Carl D. Perkins Vocational and Applied Technology Education Act, which is classified generally to chapter 44 (Sec. 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 Library Services and Construction Act, referred to in subsec. (c), is act June 19, 1956, ch. 407, 70 Stat. 293, as amended, which is classified generally to chapter 16 (Sec. 351 et seq.) of Title 20. For complete classification of this Act to the Code, see Short Title note set out under section 351 of Title 20 and Tables. The Federal Airport Act, referred to in subsec. (c), is act May 13, 1946, ch. 251, 60 Stat. 170, which was classified to chapter 14 (Sec. 1101 et seq.) of Title 49, Appendix, Transportation. The Act was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Pub. L. 91-258, title I, May 21, 1970, 84 Stat. 235). See chapter 25 (Sec. 1701 et seq.) of Title 49, Appendix. The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of Pub. L. 91-258, May 21, 1970, 84 Stat. 219, as amended, which is classified principally to chapter 25 (Sec. 1701 et seq.) of Title 49, Appendix. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 49, Appendix, and Tables. The Communications Act of 1934, referred to in subsec. (c), is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended. Part IV of title III of the Communications Act of 1934 is classified generally to part IV (Sec. 390 et seq.) of subchapter III of chapter 5 of Title 47, Telegraphs, Telephones, and Radiotelegraphs. For complete classification of this Act to the Code, see section 609 of Title 47 and Tables. The Higher Education Act of 1965, referred to in subsec. (c), is Pub. L. 89-329, Nov. 8, 1965, 79 Stat. 1319, as amended. Title VI (part A) and title VII of the Higher Education Act of 1965 are classified generally to Part A (Sec. 1121 et seq.) of subchapter VI and subchapter VII (Sec. 1132a et seq.), respectively, of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. The Land and Water Conservation Fund Act of 1965, referred to in subsec. (c), is Pub. L. 88-578, Sept. 3, 1964, 78 Stat. 897, as amended, which is classified generally to part B (Sec. 460l-4 et seq.) of subchapter LXIX of chapter 1 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 460l-4 of Title 16 and Tables. The National Defense Education Act of 1958, referred to in subsec. (c), is Pub. L. 85-864, Sept. 2, 1958, 72 Stat. 1580, as amended, which was classified principally to chapter 17 (Sec. 401 et seq.) of Title 20, Education, prior to omission from the Code. For complete classification of this Act to the Code, see Tables. The Consolidated Farm and Rural Development Act, referred to in subsec. (c), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 307, as amended, which is classified principally to chapter 50 (Sec. 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 Public Works and Economic Development Act of 1965, referred to in subsec. (c), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended. Titles I and IX of the Public Works and Economic Development Act of 1965 are classified generally to subchapters I (Sec. 3131 et seq.) and IX (Sec. 3241 et seq.), respectively, of chapter 38 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. The Indian Health Service Act (42 Stat. 208), referred to in subsec. (c), is probably a reference to act Nov. 2, 1921, ch. 115, 42 Stat. 208, as amended, which authorized appropriations and expenditures for the administration of Indian affairs and is classified to section 13 of Title 25, Indians. For complete classification of this Act to the Code, see Tables. The Housing and Community Development Act of 1974, referred to in subsec. (c), is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (Sec. 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. Section 201 of this Act, referred to in subsec. (c), is section 201 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 10, which is set out as section 201 of this Appendix. Section 8(c) of the Federal Water Pollution Control Act, referred to in subsec. (c), is section 8(c) of act June 30, 1948, ch. 758, 62 Stat. 1158, which was set out in section 1158(c) of Title 33, Navigation and Navigable Waters, and was omitted from the Code in the general amendment and revision of the Federal Water Pollution Control Act by Pub. L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816. See section 1281 et seq. of Title 33. Section 401 of this Act, referred to in subsec. (d), is section 401 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 21, which is set out as section 401 of this Appendix. -MISC2- AMENDMENTS 1984 - Subsec. (c). Pub. L. 98-524, Sec. 4(e)(2), substituted 'the Carl D. Perkins Vocational Education Act' for 'the Vocational Education Act of 1963'. As originally enacted, section 4(e)(2) of Pub. L. 98-524 directed that section 114(e) of the Appalachian Regional Development Act of 1965 be so amended but was executed to subsec. (c) of this section as the probable intent of Congress since such act does not have a section 114 and the language to be substituted for is contained in subsec. (c). 1980 - Subsec. (c). Pub. L. 96-506 substituted 'December 31, 1980' for 'December 31, 1978'. 1975 - Subsec. (a). Pub. L. 94-188, Sec. 115(1), substituted 'portion of the basic Federal contribution to projects or activities (hereinafter referred to as projects) under' for 'portion of the basic Federal contribution to projects under'. Subsec. (c). Pub. L. 94-188, Sec. 115(2), updated definition of 'Federal grant-in-aid programs' to include additional Federal grant-in-aid programs as eligible for supplementation. 1971 - Subsec. (a). Pub. L. 92-65, Sec. 210(a), extended the authority to make basic grants when funds available under a basic Federal grant-in-aid program are insufficient, provided that the Federal official administering the program certifies that the program or project to be funded meets the requirements of the program, on a finding by the Commission that the level of Federal and State assistance to the Appalachian region under other acts will not be diminished by the substitution of funds authorized by this subsection. Subsec. (c). Pub. L. 92-65, Sec. 210(b), substituted 'December 31, 1974' for 'December 31, 1970'. 1970 - Subsec. (c). Pub. L. 91-258 inserted reference to Airport and Airway Development Act of 1970. 1969 - Subsec. (c). Pub. L. 91-123 substituted 'December 31, 1970' for 'December 31, 1967', and provided that for the purposes of this section any sewage treatment works constructed pursuant to section 8(c) of the Federal Water Pollution Control Act be regarded as having been constructed with funds provided under this section. 1967 - Subsec. (a). Pub. L. 90-103 substituted authorization of the President to provide funds to the Federal Cochairman for former authorization of the Secretary of Commerce, pursuant to specific recommendations of the Commission approved by him and after consultation with the appropriate Federal officials, to allocate funds appropriated to carry out this section to the heads of the departments, agencies, and instrumentalities of the Federal Government responsible for the administration of Federal grant-in-aid programs, and provided for the acceptance by the Federal Cochairman, with respect to a supplemental grant for any project under the program, of any finding, report, certification, or documentation required to be submitted to the head of the department, agency, or instrumentality of the Federal Government responsible for administration of any Federal grant-in-aid program. Subsec. (b). Pub. L. 90-103 substituted 'established by the Commission, and shall in no event exceed 80 per centum thereof' for 'established by regulations promulgated by the Secretary of Commerce, and such regulations shall in no event authorize the Federal portion of such costs to exceed 80 per centum thereof'. Subsec. (c). Pub. L. 90-103 substituted 'on or before December 31, 1967,' and 'acquisition of land or the construction' for 'on or before the effective date of this Act' and 'acquisition of land and the construction'. Subsec. (d). Pub. L. 90-103 substituted provisions for availability of $97,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $90,000,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-524 effective for fiscal years beginning on or after Oct. 1, 1984, except as otherwise provided, see section 2 of Pub. L. 98-524, set out as an Effective Date note under section 2301 of Title 20, Education. ------DocID 44547 Document 793 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Part C -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part C -HEAD- Part C - General Provisions ------DocID 44548 Document 794 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 221 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part C -HEAD- Sec. 221. Maintenance of effort -STATUTE- No State and no political subdivision of such State shall be eligible to receive benefits under this Act unless the aggregate expenditures of State funds, exclusive of expenditures for participation in the Dwight D. Eisenhower System of Interstate and Defense Highways, and exclusive of local funds and Federal funds, for the benefit of the area within the State located in the region are maintained at a level which does not fall below the average level of such expenditures for its last two full fiscal years preceding the date of enactment of this Act. In computing the average level of expenditure for its last two fiscal years, a State's past expenditure for participation in the Dwight D. Eisenhower System of Interstate and Defense Highways and expenditures of local funds and Federal funds shall not be included. The Commission shall recommend to the President or such Federal officer or officers as the President may designate, a lesser requirement when it finds that a substantial population decrease in that portion 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, within an individual program, has been disproportionate to the present need for that portion of the State which lies within the region. -SOURCE- (Pub. L. 89-4, title II, Sec. 221, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90-103, title I, Sec. 117, Oct. 11, 1967, 81 Stat. 263; Pub. L. 101-427, Oct. 15, 1990, 104 Stat. 927.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, known as the Appalachian Regional Development Act of 1965, as amended, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The date of enactment of this Act, referred to in text, is Mar. 9, 1965, the date of approval of Pub. L. 89-4. -MISC2- AMENDMENTS 1990 - Pub. L. 101-427 substituted 'Dwight D. Eisenhower System of Interstate and Defense Highways' for 'National System of Interstate and Defense Highways' in two places. 1967 - Pub. L. 90-103 included as exclusions in first sentence expenditures for participation in the National System of Interstate and Defense Highways and local funds and in second sentence expenditures of local funds. ------DocID 44549 Document 795 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 222 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part C -HEAD- Sec. 222. Consent of States -STATUTE- Nothing contained in this Act shall be interpreted as requiring any State to engage in or accept any program under this Act without its consent. -SOURCE- (Pub. L. 89-4, title II, Sec. 222, Mar. 9, 1965, 79 Stat. 18.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. ------DocID 44550 Document 796 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 223 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part C -HEAD- Sec. 223. Program implementation -STATUTE- No program or project authorized under any section of this title shall be implemented until (1) applications and plans relating to the program or project have been determined by the responsible Federal official to be not incompatible with the provisions and objectives of Federal laws which he administers that are not inconsistent with this Act, and (2) the Commission has approved such program or project and has determined that it meets the applicable criteria under section 224 of this Act and the requirements of the development planning process under section 225, and will contribute to the development of the region, which determination shall be controlling and which shall be accepted by the Federal agencies. -SOURCE- (Pub. L. 89-4, title II, Sec. 223, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90-103, title I, Sec. 118, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94-188, title I, Sec. 116, Dec. 31, 1975, 89 Stat. 1083.) -REFTEXT- REFERENCES IN TEXT This title, referred to in text, means title II of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 10, as amended, which is set out in title II (Sec. 201 et seq.) of this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. Section 224 of this Act and section 225, referred to in text, are section 224 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 18, and section 225 of Pub. L. 89-4 as added by Pub. L. 94-188, title I, Sec. 118, Dec. 31, 1975, 89 Stat. 1084, which are set out as sections 224 and 225 of this Appendix. -MISC2- AMENDMENTS 1975 - Pub. L. 94-188 substituted in cl. (1), 'to be not incompatible with' for 'to be compatible with', and in cl. (2), inserted reference to the requirements of the development planning process under section 225, and inserted provision that such determination shall be accepted by the Federal agencies. 1967 - Pub. L. 90-103 substituted in cl. (1) provisions for determination of compatibility of program or project applications and plans with Federal laws for former provisions for consultations of Commission with State officials securing their recommendations and in cl. (2) provisions for program or project approval by the Commission and controlling determination of meeting or requisite criteria for former provisions for recommendation of plans by the Commission and submission thereof for Executive approval or modification. DISCRIMINATION BASED ON SEX PROHIBITED IN PROGRAMS UNDER APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Pub. L. 92-65, title II, Sec. 214, Aug. 5, 1971, 85 Stat. 173, provided: 'No person in the United States shall, on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance under the Appalachian Regional Development Act of 1965 (this Appendix).' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 202 of this Appendix. ------DocID 44551 Document 797 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 224 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part C -HEAD- Sec. 224. Program development criteria -STATUTE- (a) In considering programs and projects to be given assistance under this Act, and in establishing a priority ranking of the requests for assistance presented to the Commission, the Commission shall follow procedures that will insure consideration of the following factors: (1) the relationship of the project or class of projects to overall regional development including its location in an area determined by the State have a significant potential for growth; (2) the population and area to be served by the project or class of projects including the relative per capita income and the unemployment rates in the area; (3) the relative financial resources available to the State or political subdivisions or instrumentalities thereof which seek to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects which 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 and social development of the area served by the project. (b) No financial assistance shall be authorized under this Act to be used (1) to assist establishments relocating from one area to another; (2) to finance the cost of industrial plants, commercial facilities, machinery, working capital, or other industrial facilities or to enable plant subcontractors to undertake work theretofore performed in another area by other subcontractors or contractors; (3) to finance the cost of facilities for the generation, transmission, or distribution of electric energy; or (4) to finance the cost of facilities for the production, transmission, or distribution of gas (natural, manufactured, or mixed). (c) Funds may be provided for programs and projects in a State under this Act only if the Commission determines that the level of Federal and State financial assistance under Acts other than this Act for the same type of programs or projects in that portion of the State within the region, will not be diminished in order to substitute funds authorized by this Act. -SOURCE- (Pub. L. 89-4, title II, Sec. 224, Mar. 9, 1965, 79 Stat. 18; Pub. L. 90-103, title I, Sec. 119, Oct. 11, 1967, 81 Stat. 264; Pub. L. 94-188, title I, Sec. 117, Dec. 31, 1975, 89 Stat. 1084.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1975 - Subsec. (c). Pub. L. 94-188 added subsec. (c). 1967 - Subsec. (a). Pub. L. 90-103, Sec. 119(a), substituted 'In considering' for 'In developing recommendations on the' and struck out 'within those recommendations' before 'a priority ranking'. Subsec. (b)(1). Pub. L. 90-103, Sec. 119(b), substituted 'to assist establishments relocating' for 'in relocating any establishment or establishments'. WAIVER OF RESTRICTIONS ON USE OF APPROPRIATED FUNDS; USE OF ENERGY ENTERPRISE LOAN FUNDS Pub. L. 100-202, Sec. 101(d) (title IV, Sec. 401), Dec. 22, 1987, 101 Stat. 1329-127, provided in part: 'That after the date of enactment of this resolution (Dec. 22, 1987), appropriations for Appalachian regional programs in this or any other Act may be used for the purposes of the Appalachian Regional Development Act (this Appendix) without regard to section 224(b)(2), (3), and (4) of that Act (40 App. U.S.C. 224(b)(2), (3), and (4)) and funds in energy enterprise loan funds may be reapproved by the Commission for similar uses.' -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 223, 302 of this Appendix. ------DocID 44552 Document 798 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 225 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE II Part C -HEAD- Sec. 225. Appalachian State development planning process -STATUTE- (a) Pursuant to policies established by the Commission, each State member shall submit on such schedule as the Commission shall prescribe a development plan for the area of the State within the region. The State development plan shall reflect the goals, objectives, and priorities identified in the regional development plan and in any subregional development plan which may be approved for the subregion of which such State is a part. Such State development plan shall (1) describe the State organization and continuous process for Appalachian development planning, including the procedures established by the State for the participation of local development districts in such process, the means by which such process is related to overall statewide planning and budgeting processes, and the method of coordinating planning and projects in the region under this Act, the Public Works and Economic Development Act of 1965, and other Federal, State, and local programs; (2) set forth the goals, objectives, and priorities of the State for the region, as determined by the Governor, and identify the needs on which such goals, objectives, and priorities are based; and (3) describe the development program for achieving such goals, objectives, and priorities, including funding sources, and recommendations for specific projects to receive assistance under this Act. (b)(1) Local development districts certified by the State under section 301 of this Act provide the linkage between State and substate planning and development. In carrying out the development planning process, including the selection of programs and projects for assistance, States shall consult with local development districts, local units of government, and citizen groups and take into consideration the goals, objectives, priorities, and recommendations of such bodies. The districts shall assist the States in the coordination of areawide programs and projects, and may prepare and adopt areawide plans or action programs. (2) The Commission shall encourage the preparation and execution of areawide action programs which specify interrelated projects and schedules of actions together with the necessary agency fundings and other commitments to implement such programs. Such programs shall make appropriate use of existing plans affecting the area. (c) To the maximum extent practicable, Federal departments, agencies, and instrumentalities undertaking or providing financial assistance for programs or projects in the region shall (1) take into account the policies, goals, and objectives established by the Commission and its member States pursuant to this Act; (2) recognize Appalachian State development programs approved by the Commission as satisfying requirements for overall economic development planning under such programs or projects; and (3) accept the boundaries and organization of any local development district certified under this Act which the Governor may designate as the areawide agency required under any such program undertaken or assisted by such Federal departments, agencies, and instrumentalities. -SOURCE- (Pub. L. 89-4, title II, Sec. 225, as added Pub. L. 94-188, title I, Sec. 118, Dec. 31, 1975, 89 Stat. 1084.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a) and (c), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The Public Works and Economic Development Act of 1965, referred to in subsec. (a), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified principally to chapter 38 (Sec. 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. Section 301 of this Act, referred to in subsec. (b)(1), is section 301 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 19, which is set out as section 301 of this Appendix. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 223 of this Appendix. ------DocID 44553 Document 799 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE III -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE III -HEAD- TITLE III - ADMINISTRATION -SECREF- TITLE REFERRED TO IN OTHER SECTIONS This title is referred to in title 42 section 3232. ------DocID 44554 Document 800 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 301 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE III -HEAD- Sec. 301. Local development districts; certification -STATUTE- For the purposes of this Act, a 'local development district' shall be an entity certified to the Commission either by the Governor of the State or States in which such entity is located, or by the State officer designated by the appropriate State law to make such certification, as having a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the region. No entity shall be certified as a local development district for the purposes of this Act unless it is one of the following: (1) a nonprofit incorporated body organized or chartered under the law of the State in which it is located; (2) a nonprofit agency or instrumentality of a State or local government; (3) a nonprofit agency or instrumentality created through an interstate compact; or (4) a nonprofit association or combination of such bodies, agencies, and instrumentalities. -SOURCE- (Pub. L. 89-4, title III, Sec. 301, Mar. 9, 1965, 79 Stat. 19.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 225 of this Appendix. ------DocID 44555 Document 801 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 302 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE III -HEAD- Sec. 302. Administrative expenses and research and demonstration projects -STATUTE- (a) The President is authorized - (1) to make grants to the Commission for administrative expenses, including the development of areawide plans or action programs and technical assistance activities, of local development districts, but (A) the amount of any such grant shall not exceed 75 per centum of such expenses, (B) no grants for administrative expenses shall be made for a State agency certified as a local development district for a period in excess of three years beginning on the date the initial grant is made for such development district, and (C) the local development district contributions for administrative expenses may be in cash or in kind, fairly evaluated, including but not limited to space, equipment, and services; (2) to make grants to the Commission for assistance to States for a period not in excess of two years to strengthen the State development planning process for the region and the coordination of State planning under this Act, the Public Works and Economic Development Act of 1965, as amended, and other Federal and State programs; and (3) to make grants to the Commission 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 such activities, which will further the purposes of this Act. Grant funds may be provided entirely from appropriations to carry out this section or in combination with funds available under other Federal or Federal grant-in-aid programs or from any other source. Notwithstanding any provision of law limiting the Federal share in any such other program, funds appropriated to carry out this section may be used to increase such Federal share, as the Commission determines appropriate. (b)(1) Notwithstanding the provisions of section 224(b)(2), (3), or (4), the Commission may provide assistance under this section for demonstrations of enterprise development, including site acquisition or development where necessary for the feasibility of the project, in connection with the development of the region's energy resources and the development and stimulation of indigenous arts and crafts of the region. No more than $3,000,000 shall be obligated for such energy resource related demonstrations in any fiscal year, and no more than $2,500,000 shall be obligated for such indigenous arts and crafts demonstrations. (2) In carrying out the purposes of this Act, including section 2(b), and in implementing this section, the Secretary of Energy, the Environmental Protection Agency, and other Federal agencies shall cooperate with the Commission and shall provide such assistance as the Federal Cochairman may request. (3) The Commission shall conduct a study and report on the status of Appalachian migrants in the destinations to which they have migrated, current migration patterns and implications, and the impact which the Commission program has had, and the potential for such impact, on out-migration and the welfare of Appalachian migrants. The Commission is authorized to conduct pilot projects and demonstrations within the region in connection with such study. (4) The Commission shall conduct a study of physical hazards which are constraints on land use in the Appalachian region (with emphasis on mudslides, landslides, sink holes, and subsidence) and the risks associated with such hazards. To the extent practicable, such study shall identify high-risk hazard areas throughout the Appalachian region. The Commission shall submit its report on such study, together with recommendations for means to remove or avoid such constraints on land use, to the Congress not later than twenty-four months after the enactment of this paragraph. (c)(1) The Commission shall, as required by the President, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the President. The records of the Commission shall be available for audit with respect to such grants by the President and the Comptroller General or their duly authorized representatives. (2) Recipients of Federal assistance under the provisions of this section shall, as required by the Commission, maintain accurate and complete records of transactions and activities financed with Federal funds and report thereon to the Commission. Such records shall be available for audit by the President, the Comptroller General, and the Commission or their duly authorized representatives. (d) Not to exceed $11,000,000 of the funds authorized in section 401 of this Act for the two-fiscal-year period ending June 30, 1969, shall be available to carry out this section. Not to exceed $3,000,000 of such authorization shall be available for the purposes of subsection (b). (e) No part of any appropriated funds may be expended pursuant to authorization given by this Act involving any scientific or technological research or development activity unless such expenditure is conditioned upon provisions effective to insure that all information, copyrights, uses, processes, patents, and other developments resulting from that activity will be made freely available to the general public. Nothing contained in this subsection shall deprive the owner of any background patent relating to any such activity, without his consent, of any right which that owner may have under that patent. Whenever any information, copyright, use, process, patent or development resulting from any such research or development activity conducted in whole or in part with appropriated funds expended under authorization of this Act is withheld or disposed of by any person, organization, or agency in contravention of the provisions of this subsection, the Attorney General shall institute, upon his own motion or upon request made by any person having knowledge of pertinent facts, an action for the enforcement of the provisions of this subsection in the district court of the United States for any judicial district in which any defendant resides, is found, or has a place of business. Such court shall have jurisdiction to hear and determine such action, and to enter therein such orders and decrees as it shall determine to be required to carry into effect fully the provisions of this subsection. Process of the district court for any judicial district in any action instituted under this subsection may be served in any other judicial district of the United States by the United States marshal thereof. Whenever it appears to the court in which any such action is pending that other parties should be brought before the court in such action, the court may cause such other parties to be summoned from any judicial district of the United States. -SOURCE- (Pub. L. 89-4, title III, Sec. 302, Mar. 9, 1965, 79 Stat. 19; Pub. L. 90-103, title I, Sec. 120, Oct. 11, 1967, 81 Stat. 264; Pub. L. 91-123, title I, Sec. 108, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II, Sec. 211, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94-188, title I, Sec. 119, Dec. 31, 1975, 89 Stat. 1085; Pub. L. 95-91, title III, Sec. 301(a), title VII, Sec. 703, 707, Aug. 4, 1977, 91 Stat. 577, 606, 607.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in subsecs. (a)(2), (3), (b)(2), and (e), means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The Public Works and Economic Development Act of 1965, referred to in subsec. (a)(2), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended, which is classified generally to chapter 38 (Sec. 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. Section 224, referred to in subsec. (b)(1), is section 224 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 18, which is set out as section 224 of this Appendix. Section 2(b), referred to in subsec. (b)(2), is section 2 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, which is set out as section 2 of this Appendix. The enactment of this paragraph, referred to in subsec. (b)(4), is the date of enactment of Pub. L. 94-188, which was approved Dec. 31, 1975. Section 401 of this Act, referred to in subsec. (d), is section 401 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 21, which is set out as section 401 of this Appendix. -MISC2- AMENDMENTS 1975 - Subsec. (a)(1). Pub. L. 94-188, Sec. 119(1), substituted 'including the development of areawide plans or action programs and technical assistance activities' for 'including technical services'. Subsec. (a)(2), (3). Pub. L. 94-188, Sec. 119(2), added par. (2) and redesignated former par. (2) as (3). Subsec. (b). Pub. L. 94-188, Sec. 119(3), substituted provisions permitting the Commission to provide assistance for projects relating to the development of energy resources and the development and stimulation of indigenous arts and crafts of the region, that no more than $3,000,000 shall be obligated for such energy resource related demonstrations in any fiscal year and that no more than $2,500,000 shall be obligated for such indigenous arts and crafts demonstrations, requiring cooperation among federal agencies, requiring the Commission to study, report, and make recommendations to Congress for removal of constraints on land use within twenty-four months after Dec. 31, 1975, for provisions authorizing the Commission to make a survey and study of acid pollution in the region from mining activities and the effects of such pollution, and requiring the President to make a report and recommendations to Congress not later than Mar. 31, 1969. 1971 - Subsec. (a)(2). Pub. L. 92-65 extended the authority of the President to make grants for evaluations, assessment of needs, potentials, or attainments of the people of the region, and for construction of facilities, and further provided that grants may be made from appropriations under this Appendix or otherwise, and that funds appropriated to carry out this section may be used to increase the Federal share at the discretion of the Commission. 1969 - Subsec. (a)(1)(B). Pub. L. 91-123 prohibited the President from making grants for administrative expenses of a State certified agency. 1967 - Subsec. (a). Pub. L. 90-103 substituted authorization of the President to make grants to the Commission in pars. (1) and (2) for former authorization of Secretary of Commerce to make grants in par. (1) either directly or through arrangements with the Commission and to provide funds in par. (2) either directly or through arrangements with appropriate public or private organizations (including the Commission), authorized grants for technical services in par. (1), designated existing provisions of cls. (A) to (C), striking out from cl. (A) the limitation of amount of grants to any one fiscal year, and authorized grants for technical assistance and training programs in par. (2). Subsec. (b). Pub. L. 90-103 added subsec. (b). Former subsec. (b) redesignated subsec. (c)(2). Subsec. (c). Pub. L. 90-103 added par. (1) and redesignated former subsec. (b) as par. (2), substituting 'as required by the Commission' for 'an accordance with regulations to be promulgated by the Secretary of Commerce' and 'Commission' for 'Secretary of Commerce' in two places, and provided for audit by the President. Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 90-103 redesignated former subsec. (c) as (d), substituted provisions for availability of $11,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $5,500,000 for period ending June 30, 1967, as provided in former provisions of section 401 of the Act, and limited funds available for purposes of subsec. (b) to $3,000,000. Former subsec. (d) redesignated (e). -TRANS- TRANSFER OF FUNCTIONS 'Secretary of Energy' substituted for 'Federal Energy Administration, the Energy Research and Development Administration' in subsec. (b)(2) pursuant to sections 301(a), 703, and 707 of Pub. L. 95-91, which are classified to sections 7151(a), 7293, and 7297 of Title 42, The Public Health and Welfare, and which terminated Federal Energy Administration and Energy Research and Development Administration and transferred their functions (with certain exceptions) to Secretary of Energy. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 35 section 210. ------DocID 44556 Document 802 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 303 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE III -HEAD- Sec. 303. Approval of development plans, investment programs, and projects -STATUTE- State and Regional Development Plans and implementing investment programs, and any multistate subregional plans which may be developed, shall be annually reviewed and approved by the Commission in accordance with section 101(b) of this Act. An application for a grant or for any other assistance for a specific project under this Act shall be made through the State member of the Commission representing such applicant, and such State member shall evaluate the application for approval. Only applications for grants or other assistance for specific projects shall be approved which are certified by the State member and determined by the Federal Cochairman to implement the Commission-approved State development plan; to be included in the Commission-approved implementing investment program; to have adequate assurance that the project will be properly administered, operated, and maintained; and to otherwise meet the requirements for assistance under this Act. After the approval of the appropriate State development plan and implementing investment program, certification by a State member of an application for a grant or other assistance for a specific project pursuant to this section shall, when joined by an affirmative vote of the Federal Cochairman for such project, be deemed to satisfy the requirements for affirmative votes for decisions under section 101(b) of this Act. -SOURCE- (Pub. L. 89-4, title III, Sec. 303, Mar. 9, 1965, 79 Stat. 20; Pub. L. 90-103, title I, Sec. 121, Oct. 11, 1967, 81 Stat. 265; Pub. L. 94-188, title I, Sec. 120, Dec. 31, 1975, 89 Stat. 1086.) -REFTEXT- REFERENCES IN TEXT Section 101(b) of this Act, referred to in text, is section 101(b) of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 6, which is set out as section 101(b) of this Appendix. This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1975 - Pub. L. 94-188 substantially reenacted this section, made the regional development planning process under section 101(b) of this Act applicable to procedure for approval by the Commission of State development plans, regional development plans, and implementing investment programs, and further provided that once a State development plan is approved, the submission and approval of a project by a State, when joined by an affirmative vote of the Federal Cochairman for such project, shall be deemed to satisfy the requirements for affirmative votes for decisions under section 101(b) of this Act. 1967 - Pub. L. 90-103 prohibited approval by the Commission unless the Commission is satisfied that the project will be properly administered, operated, and maintained and struck out provision that application for a grant be made only by a State, a political subdivision of a State, or a local development district. -SECREF- SECTIONS REFERRED TO IN OTHER SECTIONS This section is referred to in sections 101, 202 of this Appendix. ------DocID 44557 Document 803 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 304 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE III -HEAD- Sec. 304. Annual report -STATUTE- Not later than six months after the close of each fiscal year, the Commission shall prepare and submit to the Governor of each State in the region and to the President, for transmittal to the Congress, a report on the activities carried out under this Act during such year. -SOURCE- (Pub. L. 89-4, title III, Sec. 304, Mar. 9, 1965, 79 Stat. 20.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. ------DocID 44558 Document 804 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -HEAD- TITLE IV - APPROPRIATIONS AND MISCELLANEOUS PROVISIONS ------DocID 44559 Document 805 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 401 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -HEAD- Sec. 401. Authorization of appropriations; limitation on use of funds -STATUTE- In addition to the appropriations authorized in section 105 for administrative expenses, in section 201 for the Appalachian Development Highway System and Local Access Roads, and in section 208 for Appalachian Airport Safety Improvements, there is hereby authorized to be appropriated to the President, to be available until expended, to carry out this Act, $268,500,000 for the two-fiscal-year period ending June 30, 1971; $282,000,000 for the two-fiscal-year period ending June 30, 1973; and $294,000,000 for the two-fiscal-year period ending June 30, 1975. In addition to the appropriations authorized in section 105 for administrative expenses, and in section 201(g) for the Appalachian development highway system and local access roads, there is authorized to be appropriated to the President, to be available until expended, to carry out this Act, $340,000,000 for the period beginning July 1, 1975, and ending September 30, 1977, and $300,000,000 for the two-fiscal year period ending September 30, 1979, and $300,000,000 for the two-fiscal-year period ending September 30, 1981, and $50,000,000 for the fiscal year ending September 30, 1982. No part of the sums authorized in this section for the fiscal year ending September 30, 1982, shall be obligated for any project unless such project was undertaken with funds obligated in a previous fiscal year or is a capital project which was originally approved for funding in fiscal year 1981 and can be started and completed with funds authorized for fiscal year 1982. -SOURCE- (Pub. L. 89-4, title IV, Sec. 401, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90-103, title I, Sec. 122, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, Sec. 109, Nov. 25, 1969, 83 Stat. 215; Pub. L. 92-65, title II, Sec. 212, Aug. 5, 1971, 85 Stat. 172; Pub. L. 94-188, title I, Sec. 121, Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96-506, Sec. 3(5), Dec. 8, 1980, 94 Stat. 2746; Pub. L. 97-35, title XVIII, Sec. 1822(a)(3), (4), Aug. 13, 1981, 95 Stat. 767.) -REFTEXT- REFERENCES IN TEXT Sections 105, 201, and 208, referred to in text, are sections 105 and 201 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 8, 10, and section 208 of Pub. L. 89-4 as added by Pub. L. 92-65, title II, Sec. 205, Aug. 5, 1971, 85 Stat. 168, which are set out as sections 105, 201, and 208 of this Appendix. This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1981 - Pub. L. 97-35 substituted '$50,000,000' for '$140,000,000' and inserted provisions respecting obligation of sums authorized for the fiscal year ending Sept. 30, 1982. 1980 - Pub. L. 96-506 inserted provisions authorizing appropriations of $300,000,000 for the two-fiscal-year period ending Sept. 30, 1981, and $140,000,000 for the fiscal year ending Sept. 30, 1982. 1975 - Pub. L. 94-188 inserted provisions authorizing additional appropriations for the period beginning July 1, 1975 and ending Sept. 30, 1977, and for the two-fiscal year period ending Sept. 30, 1979. 1971 - Pub. L. 92-65 inserted reference to section 208, authorized appropriation of $282,000,000 for the two-fiscal-year period ending June 30, 1973, and $294,000,000 for the two-fiscal-year period ending June 30, 1975, and struck out provisions limiting to certain amounts the funds allotted to be used in carrying out specified sections. 1969 - Pub. L. 91-123 authorized appropriations in an amount not to exceed $268,500,000 for the two-fiscal-year period ending June 30, 1971, and designated specific amounts of the authorization to carry out the purposes of enumerated sections. 1967 - Pub. L. 90-103 inserted reference to appropriation authorization in section 105 and for local access roads, made the appropriation to the President, and substituted provisions for availability of $170,000,000 for two-fiscal-year period ending June 30, 1969, for former provisions for availability of $252,400,000 for period ending June 30, 1967. APPROPRIATIONS Provisions appropriating funds to carry out programs authorized by the Appalachian Regional Development Act of 1965, which is set out in this Appendix, notwithstanding section 405 of this Appendix, were contained in the following appropriation acts: Pub. L. 101-514, title IV, Nov. 5, 1990, 104 Stat. 2095. Pub. L. 101-101, title IV, Sept. 29, 1989, 103 Stat. 663. Pub. L. 100-371, title IV, July 19, 1988, 102 Stat. 871. Pub. L. 100-202, Sec. 101(d) (title IV), Dec. 22, 1987, 101 Stat. 1329-104, 1329-127. Pub. L. 99-500, Sec. 101(e) (title IV), Oct. 18, 1986, 100 Stat. 1783-194, 1783-210, and Pub. L. 99-591, Sec. 101(e) (title IV), Oct. 30, 1986, 100 Stat. 3341-194, 3341-210. Pub. L. 99-141, title IV, Nov. 1, 1985, 99 Stat. 577. Pub. L. 98-360, title IV, July 16, 1984, 98 Stat. 418. Pub. L. 98-50, title IV, July 14, 1983, 97 Stat. 259. Pub. L. 97-377, title I, Sec. 101(f), Dec. 21, 1982, 96 Stat. 1906. Pub. L. 97-88, title IV, Dec. 4, 1981, 95 Stat. 1146. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 203, 204, 206, 211, 212, 214, 302 of this Appendix. ------DocID 44560 Document 806 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 402 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -HEAD- Sec. 402. Applicable labor standards -STATUTE- 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 the Federal funds authorized under this Act, shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a - 276a-5). The Secretary of Labor shall have with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)). -SOURCE- (Pub. L. 89-4, title IV, Sec. 402, Mar. 9, 1965, 79 Stat. 21.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. The Davis-Bacon Act, as amended, referred to in text, is act Mar. 3, 1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 276a of Title 40 and Tables. Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267), 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. Section 2 of the Act of June 13, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)), referred to in text, probably means section 276c of Title 40, Public Buildings, Property, and Works. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 207 of this Appendix. ------DocID 44561 Document 807 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 403 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -HEAD- Sec. 403. Definition of Appalachian region -STATUTE- As used in this Act, the term 'Appalachian region' or 'the region' means that area of the eastern United States consisting of the following counties (including any political subdivision located within such area): In Alabama, the counties of Bibb, Blount, Calhoun, Chambers, Cherokee, Chilton, Clay, Cleburne, Colbert, Coosa, Cullman, De Kalb, Elmore, Etowah, Fayette, Franklin, Jackson, Jefferson, Lamar, Lauderdale, Lawrence, Limestone, Madison, Marion, Marshall, Morgan, Pickens, Randolph, St. Clair, Shelby, Talladega, Tallapoosa, Tuscaloosa, Walker, and Winston; In Georgia, the counties of Banks, Barrow, Bartow, Carroll, Catoosa, Chattooga, Cherokee, Dade, Dawson, Douglas, Fannin, Floyd, Forsyth, Franklin, Gilmer, Gordon, Gwinnett, Habersham, Hall, Haralson, Heard, Jackson, Lumpkin, Madison, Murray, Paulding, Pickens, Polk, Rabun, Stephens, Towns, Union, Walker, White, and Whitfield; In Kentucky, the counties of Adair, Bath, Bell, Boyd, Breathitt, Carter, Casey, Clark, Clay, Clinton, Cumberland, Elliott, Estill, Fleming, Floyd, Garrard, Green, Greenup, Harlan, Jackson, Johnson, Knott, Knox, Laurel, Lawrence, Lee, Leslie, Letcher, Lewis, Lincoln, McCreary, Madison, Magoffin, Martin, Menifee, Monroe, Montogomery, (FOOTNOTE 1) Morgan, Owsley, Perry, Pike, Powell, Pulaski, Rockcastle, Rowan, Russell, Wayne, Whitley, and Wolfe; (FOOTNOTE 1) So in original. In Maryland, the counties of Allegany, Garrett, and Washington; In Mississippi, the counties of Alcorn, Benton, Chickasaw, Choctaw, Clay, Itawamba, Kemper, Lee, Lowndes, Marshall, Monroe, Noxubee, Oktibbeha, Pontotoc, Prentiss, Tippah, Tishomingo, Union, Webster, and Winston; In New York, the counties of Allegany, Broome, Cattaraugus, Chautauqua, Chemung, Chenango, Cortland, Delaware, Otsego, Schoharie, Schuyler, Steuben, Tioga, and Tompkins; In North Carolina, the counties of Alexander, Alleghany, Ashe, Avery, Buncombe, Burke, Caldwell, Cherokee, Clay, Davie, Forsyth, Graham, Haywood, Henderson, Jackson, McDowell, Macon, Madison, Mitchell, Polk, Rutherford, Stokes, Surry, Swain, Transylvania, Watauga, Wilkes, Yadkin, and Yancey; In Ohio, the counties of Adams, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Tuscarawas, Vinton, and Washington; 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; In South Carolina, the counties of Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg; In Tennessee, the counties of Anderson, Bledsoe, Blount, Bradley, Campbell, Cannon, Carter, Claiborne, Clay, Cocke, Coffee, Cumberland, De Kalb, Fentress, Franklin, Grainger, Greene, Grundy, Hamblen, Hamilton, Hancock, Hawkins, Jackson, Jefferson, Johnson, Knox, Loudon, McMinn, Macon, Marion, Megs, Monroe, Morgan, Overton, Pickett, Polk, Putnam, Rhea, Roane, Scott, Sequatchie, Sevier, Smith, Sullivan, Unicoi, Union, Van Buren, Warren, Washington, and White; In Virginia, the counties of Alleghany, Bath, Bland, Botetourt, Buchanan, Carroll, Craig, Dickenson, Floyd, Giles, Grayson, Highland, Lee, Pulaski, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe; All the counties of West Virginia. No recommendation for any change in the definition of the Appalachian region as set forth in this section shall be proposed or considered by the Commission without a prior resolution by the Committee on Public Works of the Senate or of the House of Representatives, directing a study of such change. The President is authorized and directed to make a study of the extent to which portions of upper New York State which are geographically part of the New England region or the Appalachian region and share the social and economic characteristics thereof should be included in either of such regions. He shall submit the results of such study together with his recommendations to Congress not later than June 30, 1970. -SOURCE- (Pub. L. 89-4, title IV, Sec. 403, Mar. 9, 1965, 79 Stat. 21; Pub. L. 90-103, title I, Sec. 123, Oct. 11, 1967, 81 Stat. 266; Pub. L. 91-123, title I, Sec. 110, Nov. 25, 1969, 83 Stat. 215; Pub. L. 101-434, Oct. 17, 1990, 104 Stat. 985.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. -MISC2- AMENDMENTS 1990 - Pub. L. 101-434 inserted 'Columbiana,' after 'Carroll, Clermont,' in listing of counties in Ohio. 1969 - Pub. L. 91-123 authorized and directed the President to make a study of the upper portions of New York State to determine which are geographically part of the New England region or the Appalachian region, and share similar socio-economic characteristics of either of such regions, and provided that the results of this study be submitted to Congress no later than June 30, 1970. 1967 - Pub. L. 90-103 included the counties of Lamar and Pickens in Alabama, the counties of Mississippi and New York, and the county of Cannon in Tennessee, prohibited future changes in the regional definition without prior request of Congress, and struck out, as executed, provision for consultation between Commission and Governor of New York leading to participation and inclusion of counties of New York in the region. -CHANGE- CHANGE OF NAME Committee on Public Works of the Senate abolished and replaced by Committee on Environment and Public Works of Senate, effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, as amended by Senate Resolution 4 (popularly cited as 'Committee System Reorganization Amendments of 1977'), approved Feb. 4, 1977. The Committee on Public Works of House of Representatives changed to Committee on Public Works and Transportation of House of Representatives, effective Jan. 3, 1975, by House Resolution 988, 93d Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 23 section 143; title 33 section 1257. ------DocID 44562 Document 808 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 404 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -HEAD- Sec. 404. Severability -STATUTE- If any provision of this Act, or the applicability thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances, shall not be affected thereby. -SOURCE- (Pub. L. 89-4, title IV, Sec. 404, Mar. 9, 1965, 79 Stat. 23.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. ------DocID 44563 Document 809 of 816------ -CITE- 40 USC APPENDIX - APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 Sec. 405 -EXPCITE- TITLE 40 APPENDIX APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965 TITLE IV -HEAD- Sec. 405. Termination -STATUTE- This Act, other than section 201, shall cease to be in effect on October 1, 1982. -SOURCE- (Pub. L. 89-4, title IV, Sec. 404, Mar. 9, 1965, 79 Stat. 23; Pub. L. 91-123, title I, Sec. 111, Nov. 25, 1969, 83 Stat. 216; Pub. L. 92-65, title II, Sec. 213, Aug. 5, 1971, 85 Stat. 173; Pub. L. 94-188, title I, Sec. 122(a), Dec. 31, 1975, 89 Stat. 1086; Pub. L. 96-506, Sec. 3(6), Dec. 8, 1980, 94 Stat. 2746.) -REFTEXT- REFERENCES IN TEXT This Act, referred to in text, means Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 5, known as the Appalachian Regional Development Act of 1965, which is set out in this Appendix. For complete classification of this Act to the Code, see section 1 of this Appendix and Tables. Section 201 of this Act, referred to in text, is section 201 of Pub. L. 89-4, Mar. 9, 1965, 79 Stat. 10, which is set out as section 201 of this Appendix. -MISC2- AMENDMENTS 1980 - Pub. L. 96-506 substituted '1982' for '1979'. 1975 - Pub. L. 94-188 substituted 'October 1, 1979' for 'July 1, 1975'. 1971 - Pub. L. 92-65 substituted 'July 1, 1975' for 'July 1, 1971'. 1969 - Pub. L. 91-123 provided that section 201 be exempt from the July 1, 1971, termination date of this Act. ------DocID 44615 Document 810 of 816------ -CITE- 41 USC Sec. 40 -EXPCITE- TITLE 41 CHAPTER 1 -HEAD- Sec. 40. Exceptions from Walsh-Healey provisions; modification of contracts; variations; overtime; suspension of representations and stipulations -STATUTE- Upon a written finding by the head of the contracting agency or department that the inclusion in the proposal or contract of the representations or stipulations set forth in section 35 of this title will seriously impair the conduct of Government business, the Secretary of Labor shall make exceptions in specific cases or otherwise when justice or public interest will be served thereby. Upon the joint recommendation of the contracting agency and the contractor, the Secretary of Labor may modify the terms of an existing contract respecting minimum rates of pay and maximum hours of labor as he may find necessary and proper in the public interest or to prevent injustice and undue hardship. The Secretary of Labor may provide reasonable limitations and may make rules and regulations allowing reasonable variations, tolerances, and exemptions to and from any or all provisions of sections 35 to 45 of this title respecting minimum rates of pay and maximum hours of labor or the extent of the application of said sections to contractors, as hereinbefore described. Whenever the Secretary of Labor shall permit an increase in the maximum hours of labor stipulated in the contract, he shall set a rate of pay for any overtime, which rate shall be not less than one and one-half times the basic hourly rate received by any employee affected: Provided, That whenever in his judgment such course is in the public interest, the President is authorized to suspend any or all of the representations and stipulations contained in section 35 of this title. -SOURCE- (June 30, 1936, ch. 881, Sec. 6, 49 Stat. 2038; June 28, 1940, ch. 440, title I, Sec. 13, 54 Stat. 681.) -MISC1- AMENDMENTS 1940 - Act June 28, 1940, inserted proviso. -CROSS- CROSS REFERENCES President's authority to make exceptions in case of contracts for construction, alteration, etc. of naval vessels, see section 7299 of Title 10, Armed Forces. ------DocID 47698 Document 811 of 816------ -CITE- 42 USC CHAPTER 40 -EXPCITE- TITLE 42 CHAPTER 40 -HEAD- CHAPTER 40 - SOIL INFORMATION ASSISTANCE FOR COMMUNITY PLANNING AND RESOURCE DEVELOPMENT -MISC1- Sec. 3271. Availability of soil surveys under soil survey program. 3272. Cooperative assistance to State and other public agencies; types of assistance; private engineering services. 3273. Contributions of State or other public agencies toward cost of soil surveys. 3274. Authorization of appropriations. ------DocID 51010 Document 812 of 816------ -CITE- 43 USC Sec. 39, 40 -EXPCITE- TITLE 43 CHAPTER 2 -HEAD- Sec. 39, 40. Omitted -COD- CODIFICATION Section 39, act Feb. 27, 1925, ch. 360, Sec. 1, 43 Stat. 1011, authorized the President to complete a general utility topographical survey of the territory of the United States within a period of twenty years from Feb. 27, 1925. Section 40, act Feb. 27, 1925, ch. 360, Sec. 2, 43 Stat. 1011, related to cooperative agreements with States to expedite completion of topographical survey. ------DocID 52708 Document 813 of 816------ -CITE- 45 USC Sec. 40 -EXPCITE- TITLE 45 CHAPTER 1 -HEAD- Sec. 40. Investigation by Secretary of accidents; cooperation with State commissions; reports of investigations -STATUTE- The Secretary of Transportation shall have authority to investigate all collisions, derailments, or other accidents resulting in serious injury to person or to the property of a railroad occurring on the line of any railroad. The Secretary, or any impartial investigator thereunto authorized by the Secretary, shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and for that purpose may subpena witnesses, administer oaths, take testimony, and require the production of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided by said railroads with all reasonable facilities: Provided, That when such accident is investigated by a commission of the State in which it occurred, the Secretary of Transportation shall, if convenient, make any investigation he may have previously determined upon, at the same time as, and in connection with, the State commission investigation. The Secretary shall, when he deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as he deems proper. Such reports shall be made public in such manner as the Secretary deems proper. -SOURCE- (May 6, 1910, ch. 208, Sec. 3, 36 Stat. 351; Oct. 15, 1966, Pub. L. 89-670, Sec. 6(e)(1)(K), 80 Stat. 939; Jan. 3, 1975, Pub. L. 93-633, title III, Sec. 304, 88 Stat. 2168; June 22, 1988, Pub. L. 100-342, Sec. 15(3), 102 Stat. 634.) -MISC1- AMENDMENTS 1988 - Pub. L. 100-342 substituted 'any railroad' for 'any common carrier engaged in interstate or foreign commerce by railroad' and 'railroads' for 'carriers'. -TRANS- TRANSFER OF FUNCTIONS Functions, powers, and duties under this section which were transferred to Secretary of Transportation by section 6(e)(1)(K) of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938 (section 1655(e)(1)(K) of Title 49, Appendix, Transportation), transferred to National Transportation Safety Board within Department of Transportation by section 5(b) of Pub. L. 89-670, which also directed Board to exercise such functions, powers, and duties with regard to (1) determining cause or probable cause of transportation accidents and reporting facts, conditions, and circumstances relating to such accidents and (2) reviewing on appeal suspension, amendment, modification, revocation, or denial of any certificate or license issued by Secretary or by an Administrator. Section 5 of Pub. L. 89-670 was repealed by Pub. L. 93-633, title III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173. Pub. L. 93-633, title III, Sec. 304 (enacting sections 1902 and 1903 of Title 49, Appendix), established National Transportation Safety Board as an independent Agency of United States on and after Apr. 1, 1975, and directed that Board investigate or cause to be investigated and determine facts, conditions, and circumstances and cause or probable cause or causes of any railroad accident in which there is a fatality, substantial property damage, or which involves a passenger train, and report in writing on the facts, conditions, and circumstances of each accident investigated. 'Secretary of Transportation' substituted in text for 'Interstate Commerce Commission' pursuant to Pub. L. 89-670, which created Department of Transportation and transferred powers, duties, and functions of Interstate Commerce Commission and of Chairman, members, offices, and officers thereof under this section relating to safety appliances and equipment on railroad engines and cars and protection of employees and travelers to Secretary of Transportation. See section 1655(e)(1)(K) of Title 49, Appendix, Transportation. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 38, 41, 42, 43, 43a of this title; title 42 section 4916; title 49 App. sections 26, 1655. ------DocID 54328 Document 814 of 816------ -CITE- 48 USC Sec. 40, 41 -EXPCITE- TITLE 48 CHAPTER 2 -HEAD- Sec. 40, 41. Omitted -COD- CODIFICATION Sections 40 and 41, relating to Territory of Alaska, were omitted in view of admission of Alaska into the Union. Section 40, act June 6, 1900, ch. 786, Sec. 31, 31 Stat. 332, related to court rooms and offices of civil government. Section 41, acts Jan. 27, 1905, ch. 277, Sec. 1, 33 Stat. 616; May 14, 1906, ch. 2458, Sec. 1, 34 Stat. 192; Feb. 6, 1909, ch. 80, Sec. 7, 35 Stat. 601; Mar. 3, 1913, ch. 109, 37 Stat. 728, related to deposits to Alaska fund in Treasury Department. ------DocID 55956 Document 815 of 816------ -CITE- 50 USC Sec. 40 -EXPCITE- TITLE 50 CHAPTER 4 -HEAD- Sec. 40. Transferred -COD- CODIFICATION Section, act June 15, 1917, ch. 30, title XIII, Sec. 1, 40 Stat. 231, defined 'United States' as used in act June 15, 1917, and was transferred to section 195 of this title. ------DocID 10272 Document 816 of 816------ -CITE- 7 USC CHAPTER 40 -EXPCITE- TITLE 7 CHAPTER 40 -HEAD- CHAPTER 40 - HALOGETON GLOMERATUS CONTROL -MISC1- Sec. 1651. Government policy for control of Halogeton glomeratus. 1652. Authority of Secretaries of Agriculture and Interior; surveys; control measures; consent of other departments. 1653. Expenditure of funds; discretion of Secretaries; utilization of available services. 1654. Contributions by States. 1655. Authorization of appropriations; use. 1656. Extent of authority. ------End Document Listing------ Thank You For Using I-SEARCH.