US (United States) Code. Title 40. Subtitle I. Chapter 13: Public property

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public buildings, property and works

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-CITE-

40 USC CHAPTER 13 - PUBLIC PROPERTY 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

CHAPTER 13 - PUBLIC PROPERTY

-MISC1-

Sec.

1301. Charge of property transferred to the Federal

Government.

1302. Lease of buildings.

1303. Disposition of surplus real property.

1304. Transfer of federal property to States.

1305. Disposition of land acquired by devise.

1306. Disposition of abandoned or forfeited personal

property.

1307. Disposition of securities.

1308. Disposition of unfit horses and mules.

1309. Preservation, sale, or collection of wrecked,

abandoned, or derelict property.

1310. Sale of war supplies, land, and buildings.

1311. Authority of President to obtain release.

1312. Release of real estate in certain cases.

1313. Releasing property from attachment.

1314. Easements.

1315. Law enforcement authority of Secretary of Homeland

Security for protection of public property.

AMENDMENTS

2002 - Pub. L. 107-296, title XVII, Sec. 1706(b)(3), Nov. 25,

2002, 116 Stat. 2318, added item 1315 and struck out former item

1315 "Special police".

-End-

-CITE-

40 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1301. Charge of property transferred to the Federal Government

-STATUTE-

(a) In General. - Except as provided in subsection (b), the

Administrator of General Services shall have charge of -

(1) all land and other property which has been or may be

assigned, set off, or conveyed to the Federal Government in

payment of debts;

(2) all trusts created for the use of the Government in payment

of debts due the Government; and

(3) the sale and disposal of land -

(A) assigned or set off to the Government in payment of debt;

or

(B) vested in the Government by mortgage or other security

for the payment of debts.

(b) Nonapplication. - This section does not apply to -

(1) real estate which has been or shall be assigned, set off,

or conveyed to the Government in payment of debts arising under

the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or

(2) trusts created for the use of the Government in payment of

debts arising under the Code and due the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1301 40:301. R.S. Sec. 3750; Pub. L.

89-30, Sec. 2, June 2, 1965,

79 Stat. 119.

--------------------------------------------------------------------

In subsection (a), the words "Except as provided in subsection

(b)" are added for clarity.

In subsection (b)(1), the words "the Internal Revenue Code of

1986 (26 U.S.C. 1 et seq.)" are substituted for "the

internal-revenue laws" for clarity and for consistency in the

revised title and with other titles of the United States Code.

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (b)(1),

is classified to Title 26, Internal Revenue Code.

-End-

-CITE-

40 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1302. Lease of buildings

-STATUTE-

Except as otherwise specifically provided by law, the leasing of

buildings and property of the Federal Government shall be for a

money consideration only. The lease may not include any provision

for the alteration, repair, or improvement of the buildings or

property as a part of the consideration for the rent to be paid for

the use and occupation of the buildings or property. Money derived

from the rent shall be deposited in the Treasury as miscellaneous

receipts.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1302 40:303b. June 30, 1932, ch. 314, Sec.

321, 47 Stat. 412.

--------------------------------------------------------------------

The words "On and after June 30, 1932" are omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2667, 2878;

title 14 sections 672a, 685; title 16 sections 1a-2, 17o, 450ss-4,

698v-6, 5962; title 20 section 196; title 38 sections 8122, 8162,

8201; title 42 sections 1502, 1544, 2473.

-End-

-CITE-

40 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1303. Disposition of surplus real property

-STATUTE-

(a) Definition. - In this section, the term "federal agency"

means an executive department, independent establishment,

commission, board, bureau, division, or office in the executive

branch, or other agency of the Federal Government, including wholly

owned Government corporations.

(b) Assignment of Space or Lease or Sale of Property. -

(1) Actions of administrator. - When the President, on the

recommendation of the Administrator of General Services, or the

federal agency having control of any real property the agency

acquires that is located outside of the District of Columbia,

other than military or naval reservations, declares the property

to be surplus to the needs of the agency, the Administrator -

(A) may assign space in the property to any federal agency;

(B) pending a sale, may lease the property for not more than

5 years and on terms the Administrator considers to be in the

public interest; or

(C) may sell the property at public sale to the highest

responsible bidder on terms and after public advertisement that

the Administrator considers to be in the public interest.

(2) Review of decision to assign space. - If the federal agency

to which space is assigned does not desire to occupy the space,

the decision of the Administrator under paragraph (1)(A) is

subject to review by the President.

(3) Negotiated sale. - If no bids which are satisfactory as to

price and responsibility of the bidder are received as a result

of public advertisement, the Administrator may sell the property

by negotiation, on terms as may be considered to be to the best

interest of the Government, but at a price not less than that bid

by the highest responsible bidder.

(c) Demolition. - The Administrator may demolish any building

declared to be surplus to the needs of the Government under this

section on deciding that demolition will be in the best interest of

the Government. Before proceeding with the demolition, the

Administrator shall inform the Secretary of the Interior in writing

of the Administrator's intention to demolish the building, and

shall not proceed with the demolition until receiving written

notice from the Secretary that the building is not an historic

building of national significance within the meaning of the Act of

August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic

Sites, Buildings, and Antiquities Act). If the Secretary does not

notify the Administrator of the Secretary's decision as to whether

the building is an historic building of national significance

within 90 days of the receipt of the notice of intention to

demolish the building, the Administrator may proceed to demolish

the building.

(d) Repairs and Alterations to Assigned Real Property. - When the

Administrator, after investigation, decides that real property

referred to in subsection (b) should be used for the accommodation

of a federal agency, the Administrator may make any repairs or

alterations that the Administrator considers necessary or advisable

and may maintain and operate the property.

(e) Payment by Federal Agencies. -

(1) Assigned real property. - To the extent that the

appropriations of the General Services Administration not

otherwise allocated are inadequate for repairs, alterations,

maintenance, or operation, the Administrator may require each

federal agency to which space has been assigned to pay promptly

by check to the Administrator out of its appropriation for rent

any part of the estimated or actual cost of the repairs,

alterations, maintenance, and operation. Payment may be either in

advance of, or on or during, occupancy of the space. The

Administrator shall determine and equitably apportion the total

amount to be paid among the agencies to whom space has been

assigned.

(2) Leased spaces. - To the extent that the appropriations of

the Administration not otherwise required are inadequate, the

Administrator may require each federal agency to which leased

space has been assigned to pay promptly by check to the

Administrator out of its available appropriations any part of the

estimated cost of rent, repairs, alterations, maintenance,

operation, and moving. Payment may be either in advance or during

occupancy of the space. When space in a building is occupied by

two or more agencies, the Administrator shall determine and

equitably apportion rental, operation, and other charges on the

basis of the total amount of space leased.

(f) Authorization of Appropriations. - Necessary amounts may be

appropriated to cover the costs incident to the sale or lease of

real property, or authorized demolition of buildings on the

property, declared to be surplus to the needs of any federal agency

under this section, and the care, maintenance, and protection of

the property, including pay of employees, travel of Government

employees, brokers' fees not in excess of rates paid for similar

services in the community where the property is situated,

appraisals, photographs, surveys, evidence of title and perfecting

of defective titles, advertising, and telephone and telegraph

charges. However, the agency remains responsible for the proper

care, maintenance, and protection of the property until the

Administrator assumes custody or other disposition of the property

is made.

(g) Regulations. - The Administrator may prescribe regulations as

necessary to carry out this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1131.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1303(a) 40:304e. Aug. 27, 1935, ch. 744, Sec.

5, 49 Stat. 886.

1303(b) 40:304a. Aug. 27, 1935, ch. 744, Sec.

1, 49 Stat. 885; July 18,

1940, ch. 635, Secs. 1, 3,

54 Stat. 764, 765.

1303(c) 40:304a-2. Aug. 27, 1935, ch. 744,

Secs. 6, 7, as added July

18, 1940, ch. 635, Sec. 2,

54 Stat. 764.

1303(d) 40:304b (1st Aug. 27, 1935, ch. 744, Sec.

sentence). 2, 49 Stat. 886; July 18,

1940, ch. 635, Sec. 3, 54

Stat. 765; June 14, 1946,

ch. 404, Sec. 4, 60 Stat.

257.

1303(e)(1) 40:304b (last

sentence).

1303(e)(2) 40:304c. Aug. 27, 1935, ch. 744, Sec.

3, 49 Stat. 886; July 18,

1940, ch. 635, Sec. 3, 54

Stat. 765; June 14, 1946,

ch. 404, Sec. 4, 60 Stat.

257; Pub. L. 85-493, Sec. 2,

July 2, 1958, 72 Stat. 294.

1303(f) 40:304a-1.

1303(g) 40:304d. Aug. 27, 1935, ch. 744, Sec.

4, 49 Stat. 886; July 18,

1940, ch. 635, Sec. 3, 54

Stat. 765.

--------------------------------------------------------------------

In this chapter, the words "Administrator of General Services"

are substituted for "Federal Works Administrator" and "Commissioner

of Public Buildings" because of section 103(a) of the Federal

Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.

380), which is restated as section 303(c) of the revised title.

In subsection (a), the words "wholly owned Government

corporations" are substituted for "corporations wholly owned by the

United States" for consistency in the revised title and with other

titles of the United States Code.

In subsection (b)(1), before subclause (A), the words

"Notwithstanding any other provision of law", "heretofore or

hereafter", and "by judicial process or otherwise in the collection

of debts, purchase, donation, condemnation, devise, forfeiture,

lease, or in any other manner" are omitted as unnecessary. In

subclause (A), the words "or reassign" are omitted as unnecessary.

In subsection (e), the words "General Services Administration",

"Administrator", and "Administration" are substituted for "Public

Buildings Administration" because of section 103(a) of the Federal

Property and Administrative Services Act of 1949 (ch. 288, 63 Stat.

380), which is restated as section 303(c) [303(b)] of the revised

title.

In subsection (f), the words "as hereinafter" are omitted as

obsolete. The words "which have been or may hereafter be" and

"notwithstanding any declaration that the same is in excess of its

needs" are omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

The Historic Sites, Buildings, and Antiquities Act, referred to

in subsec. (c), is the popular name for act Aug. 21, 1935, ch. 593,

49 Stat. 666, as amended, also known as the Historic Sites Act of

August 21, 1935, which is classified generally to sections 461 to

467 of Title 16, Conservation. For complete classification of this

Act to the Code, see Short Title note set out under section 461 of

Title 16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 459t.

-End-

-CITE-

40 USC Sec. 1304 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1304. Transfer of federal property to States

-STATUTE-

(a) Obsolete Buildings and Sites. -

(1) In general. - The Administrator of General Services, in the

Administrator's discretion, on terms the Administrator considers

proper, and under regulations the Administrator may prescribe,

may sell property described in paragraph (2) to a State or a

political subdivision of a State for public use if the

Administrator considers the sale to be in the best interest of

the Federal Government.

(2) Applicable property. - The property referred to in

paragraph (1) is any federal building, building site, or part of

a building site under the Administrator's control that has been

replaced by a new structure and that the Administrator determines

is no longer needed by the Government.

(3) Price. - The purchase price for a sale under this section

must be at least 50 percent of the value of the land as appraised

by the Administrator.

(4) Proceeds of sale. - The proceeds of a sale under this

section shall be deposited in the Treasury as miscellaneous

receipts.

(5) Payment terms. - The Administrator may enter into a long

term contract for the payment of the purchase price in

installments that the Administrator considers fair and

reasonable. The Administrator may waive any requirement for

interest charges on deferred payment.

(6) Conveyance. - The Administrator may convey property sold

under this section by the usual quitclaim deed.

(b) Widening of Public Roads. -

(1) Definition. - In this subsection, the term "executive

agency" means an executive department or independent

establishment in the executive branch of the Government,

including any wholly owned Government corporation.

(2) In general. - When a State or a political subdivision of a

State applies for a conveyance or transfer of real property of

the Government in connection with an authorized widening of a

public highway, street, or alley, the head of the executive

agency that controls the affected real property may convey or

transfer to the State or political subdivision, with or without

consideration, an interest in the real property that the agency

head determines is not adverse to the interests of the

Government. A conveyance or transfer under this subsection is

subject to terms and conditions the agency head considers

necessary to protect the interests of the Government.

(3) Limitation on transfers for highway purposes. - An interest

in real property which can be transferred to a State or a

political subdivision of a State for highway purposes under title

23 may not be conveyed or transferred under this subsection.

(4) Limitation on issuance of rights of way. - Rights of way

over, under, and through public lands and lands in the National

Forest System may not be granted under this subsection.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1133.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1304(a) 40:345b. Aug. 26, 1935, ch. 684, Sec.

1, 49 Stat. 800; Pub. L.

86-608, July 7, 1960, 74

Stat. 363.

1304(b)(1)- 40:345c. Aug. 26, 1935, ch. 684, Sec.

(3) 2, as added Pub. L. 86-608,

July 7, 1960, 74 Stat. 363.

1304(b)(4) 40:345c note. Pub. L. 94-579, title VII,

Sec. 706(a) (related to the

Act of July 7, 1960 (Pub. L.

86-608, 74 Stat. 363)), Oct.

21, 1976, 90 Stat. 2793.

--------------------------------------------------------------------

In subsection (a), the words "Administrator of General Services"

and "Administrator" are substituted for "Treasury Department" and

"Secretary of the Treasury" in the Act of August 26, 1935 because

of sections 301 and 303 of Reorganization Plan No. I of 1939 (eff.

July 1, 1939, 53 Stat. 1426, 1427) and section 103(a) of the

Federal Property and Administrative Services Act of 1949 (ch. 288,

63 Stat. 380), which is restated as section 303(c) [303(b)] of the

revised title. In paragraph (1), the words "a State or a political

subdivision of a State" are substituted for "States, counties,

municipalities, or other duly constituted political subdivisions of

States" for consistency with subsection (b).

-End-

-CITE-

40 USC Sec. 1305 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1305. Disposition of land acquired by devise

-STATUTE-

The General Services Administration may take custody, for

disposal as excess property under this subtitle and title III of

the Federal Property and Administrative Services Act of 1949 (41

U.S.C. 251 et seq.), of land acquired by the Federal Government by

devise.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1305 40:304. Mar. 3, 1903, ch. 1007,

[Sec.] 1 (4th complete par.

on p. 1112), 32 Stat. 1112;

Oct. 31, 1951, ch. 654, Sec.

4(8), 65 Stat. 709.

--------------------------------------------------------------------

The words "and title III of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are

added to provide an accurate literal translation of the word "this

Act", meaning the Federal Property and Administrative Services Act

of 1949. See the revision note under section 111 of this title. The

words "as have been or may hereafter be" are omitted as

unnecessary.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,

as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-End-

-CITE-

40 USC Sec. 1306 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1306. Disposition of abandoned or forfeited personal property

-STATUTE-

(a) Definitions. - In this section -

(1) Agency. - The term "agency" includes any executive

department, independent establishment, board, commission, bureau,

service, or division of the Federal Government, and any

corporation in which the Government owns at least a majority of

the stock.

(2) Property. - The term "property" means all personal

property, including vessels, vehicles, and aircraft.

(b) Voluntarily Abandoned Property. - Property voluntarily

abandoned to any agency in a way that vests title to the property

in the Government may be retained by the agency and devoted to

official use only. If the agency does not desire to retain the

property, the head of the agency immediately shall notify the

Administrator of General Services to that effect, and the

Administrator, within a reasonable time, shall -

(1) order the agency to deliver the property to another agency

that requests the property and that the Administrator believes

should be given the property; or

(2) order disposal of the property as otherwise provided by

law.

(c) Forfeited Property. -

(1) Agency retains property. - An agency that seizes property

that has been forfeited to the Government other than by court

decree may retain the property and devote it only to official use

instead of disposing of the property as otherwise provided by law

if competent authority does not order the property returned to

any claimant.

(2) Agency does not desire to retain property. - If the agency

does not desire to retain the property, the head of the agency

immediately shall notify the Administrator to that effect, and

the property -

(A) if not ordered by competent authority to be returned to

any claimant, or disposed of as otherwise provided by law,

shall be delivered by the agency, on order of the Administrator

given within a reasonable time, to another agency that requests

the property and that the Administrator believes should be

given the property; or

(B) on order of the Administrator given within a reasonable

time, shall be disposed of as otherwise provided by law.

(d) Property Subject to Court Proceeding for Forfeiture. -

(1) Notification of administrator. - If a proceeding has begun

for the forfeiture of any property by court decree, the agency

that seized the property immediately shall notify the

Administrator and at the same time may file with the

Administrator a request for the property for its official use.

(2) Application for court order to deliver property. -

(A) In general. - Before entry of a decree, the Administrator

shall apply to the court to order delivery of the property in

accordance with this paragraph.

(B) Delivery to seizing agency. - If the agency that seized

the property files a request for the property under paragraph

(1), the Administrator shall apply to the court to order

delivery of the property to the agency that seized the

property.

(C) Delivery to other requesting agency. - If the agency that

seized the property does not file a request for the property

under paragraph (1) but another agency requests the property,

the Administrator shall apply to the court to order delivery of

the property to the requesting agency if the Administrator

believes that the requesting agency should be given the

property.

(D) Delivery to seizing agency for temporary holding. - If

application to the court cannot be made under subparagraph (B)

or (C) and the Administrator believes the property may later

become necessary to any agency for official use, the

Administrator shall apply to the court to order delivery of the

property to the agency that seized the property, to be retained

in its custody. Within a reasonable time, the Administrator

shall order the agency to -

(i) deliver the property to another agency that requests

the property and that the Administrator believes should be

given the property; or

(ii) dispose of the property as otherwise provided by law.

(3) Forfeiture decreed. - If forfeiture is decreed and the

property is not ordered by competent authority to be returned to

any claimant, the court shall order delivery as provided in

paragraph (2).

(4) When no application made. - The court shall dispose of

property for which no application is made in accordance with law.

(e) Retention or Delivery of Property Deemed Sale. - Retention or

delivery of forfeited or abandoned property under this section is

deemed to be a sale of the property for the purpose of laws

providing for informer's fees or remission or mitigation of a

forfeiture. Property acquired under this section when no longer

needed for official use shall be disposed of in the same manner as

other surplus property.

(f) Payment of Costs Related to Property. -

(1) Availability of appropriations. - The appropriation

available to an agency for the purchase, hire, operation,

maintenance, and repair of any property is available for -

(A) the payment of expenses of operation, maintenance, and

repair of property of the same kind the agency receives under

this section for official use;

(B) the payment of a lien recognized and allowed under law;

(C) the payment of amounts found to be due a person on the

authorized remission or mitigation of a forfeiture; and

(D) reimbursement of other agencies as provided in paragraph

(2).

(2) Payment and reimbursement of certain costs. - The agency

that receives property under this section shall pay the cost of

hauling, transporting, towing, and storing the property. If the

property is later delivered to another agency for official use

under this section, the agency to which the property is delivered

shall make reimbursement for all of those costs incurred prior to

the date the property is delivered.

(g) Report. - With the approval of the Secretary of the Treasury,

the Administrator may require an agency to make a report of all

property abandoned to it or seized and the disposal of the

property.

(h) Administrative. -

(1) Regulations. - With the approval of the Secretary, the

Administrator may prescribe regulations necessary to carry out

this section.

(2) Other laws not repealed. - This section does not repeal any

other laws relating to the disposition of forfeited or abandoned

property, except provisions of those laws directly in conflict

with this section which were enacted prior to August 27, 1935.

(3) Property not subject to allocation under this section. -

The following classes of property are not subject to allocation

under this section, but shall be disposed of in the manner

otherwise provided by law:

(A) narcotic drugs, as defined in the Controlled Substances

Act (21 U.S.C. 801 et seq.).

(B) firearms, as defined in section 5845 of the Internal

Revenue Code of 1986 (26 U.S.C. 5845).

(C) other classes or kinds of property the disposal of which

the Administrator, with the approval of the Secretary, may

consider in the public interest, and may by regulation provide.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1134.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1306(a) 40:304f. Aug. 27, 1935, ch. 740,

title III, Secs. 301-307, 49

Stat. 879.

1306(b) 40:304g.

1306(c) 40:304h.

1306(d) 40:304i.

1306(e) 40:304k.

1306(f) 40:304j.

1306(g) 40:304l (related to

report).

1306(h)(1) 40:304l (related to

regulations).

1306(h)( 40:304m. Aug. 27, 1935, ch. 740,

2), (3) title III, Sec. 308, 49

Stat. 880; Pub. L. 91-513,

title III, Sec. 1102(o),

Oct. 27, 1970, 84 Stat. 1293.

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In this section, the words "Administrator" and "Administrator of

General Services" are substituted for "Director" and "Director of

the Procurement Division of the Treasury Department of the United

States" [subsequently changed to "Bureau of Federal Supply" by

regulation Sec. 5.7 of subpart A of Part 5 of Title 41, Public

Contracts, eff. January 1, 1947, 11 F. R. 13636] because of section

102(a) of the Federal Property and Administrative Services Act of

1949 (ch. 288, 63 Stat. 380), which is restated as section

303(a)(1) of the revised title.

In subsection (a), the text of 40:304f(3) is omitted because the

complete name of the Administrator of General Services is used the

first time the term appears in a section.

In subsection (c)(1), the words "(including advertisement for

sale, and sale)" are omitted as unnecessary.

In subsection (d)(3), the words "as provided in paragraph (2)"

are substituted for "accordingly" for clarity.

In subsection (g), the words "from time to time" are omitted as

unnecessary.

In subsection (h)(2), the words "which were enacted prior to

August 27, 1935" are added for clarity.

In subsection (h)(3), the text of 40:304m(1) is omitted because

section 4 of the Act of June 15, 1917 (22:404) was repealed by

section 2 of the Act of August 13, 1953 (ch. 434, 67 Stat. 577). In

subclause (C), the words "the disposal of which" are substituted

for "as" for clarity.

-REFTEXT-

REFERENCES IN TEXT

The Controlled Substances Act, referred to in subsec. (h)(3)(A),

is title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as

amended, which is classified principally to subchapter I (Sec. 801

et seq.) of chapter 13 of Title 21, Food and Drugs. For complete

classification of this Act to the Code, see Short Title note set

out under section 801 of Title 21 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 3668.

-End-

-CITE-

40 USC Sec. 1307 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1307. Disposition of securities

-STATUTE-

The President, or an officer, agent, or agency the President may

designate, may dispose of any securities acquired on behalf of the

Federal Government under the provisions of the Transportation Act

of 1920 (ch. 91, 41 Stat. 456), including any securities acquired

as an incident to a case under title 11, under a receivership or

reorganization proceeding, by assignment, transfer, substitution,

or issuance, or by acquisition of collateral given for the payment

of obligations to the Government, or may make arrangements for the

extension of the maturity of the securities, in the manner, in

amounts, at prices, for cash, securities, or other property or any

combination of cash, securities, or other property, and on terms

and conditions the President or designee considers advisable and in

the public interest.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1307 40:316. Feb. 28, 1920, ch. 91, Sec.

213, as added Aug. 13, 1940,

ch. 666, 54 Stat. 788; Pub.

L. 95-598, title III, Sec.

325, Nov. 6, 1978, 92 Stat.

2679.

--------------------------------------------------------------------

The words "sell, exchange, or otherwise", "bonds, notes, or

other", "purchase, default, or other", and "(whether at a

foreclosure sale or otherwise)" are omitted as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

The Transportation Act of 1920, referred to in text, is act Feb.

28, 1920, ch. 91, 41 Stat. 456, as amended, which was classified to

section 316 of former Title 40, Public Buildings, Property, and

Works, section 1375a of former Title 10, Army and Air Force,

sections 131 to 146 of Title 45, Railroads, and sections 1 to 5, 6,

10 to 15a, 16, 17, 18, 19a, 20, 20a, 25 to 27, 71 to 74, 76 to 79,

141, and 142 of Title 49, Transportation. For complete

classification of this Act to the Code, see Tables. Numerous

sections of the Act that were classified to Title 49 were repealed

by Pub. L. 95-473, Sec. 4(b), Oct. 13, 1978, 92 Stat. 1467, the

first section of which enacted subtitle IV (Sec. 10101 et seq.) of

Title 49. For distribution of former sections of Title 49 into the

revised Title 49, see table at the beginning of Title 49. Section

316 of former Title 40 was repealed and reenacted as this section

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304.

-End-

-CITE-

40 USC Sec. 1308 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1308. Disposition of unfit horses and mules

-STATUTE-

Subject to applicable regulations under this subtitle and title

III of the Federal Property and Administrative Services Act of 1949

(41 U.S.C. 251 et seq.), horses and mules belonging to the Federal

Government that have become unfit for service may be destroyed or

put out to pasture, either on pastures belonging to the Government

or those belonging to financially sound and reputable humane

organizations whose facilities permit them to care for the horses

and mules during the remainder of their natural lives, at no cost

to the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1308 40:311b. June 15, 1938, ch. 400, 52

Stat. 693; June 3, 1939, ch.

176, 53 Stat. 808; Oct. 31,

1951, ch. 654, Sec. 2(24),

65 Stat. 707.

--------------------------------------------------------------------

The words "and title III of the Federal Property and

Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are

added to provide an accurate literal translation of the word "this

Act", meaning the Federal Property and Administrative Services Act

of 1949. See the revision note under section 111 of this title.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377,

as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-End-

-CITE-

40 USC Sec. 1309 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1309. Preservation, sale, or collection of wrecked, abandoned,

or derelict property

-STATUTE-

The Administrator of General Services may make contracts and

provisions for the preservation, sale, or collection of property,

or the proceeds of property, which may have been wrecked, been

abandoned, or become derelict, if the Administrator considers the

contracts and provisions to be in the interest of the Federal

Government and the property is within the jurisdiction of the

United States and should come to the Government. A contract may

provide compensation the Administrator considers just and

reasonable to any person who gives information about the property

or actually preserves, collects, surrenders, or pays over the

property. Under each specific agreement for obtaining, preserving,

collecting, or receiving property or making property available, the

costs or claim chargeable to the Government may not exceed amounts

realized and received by the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1309 40:310. R.S. Sec. 3755; Pub. L.

89-30, Sec. 4, June 2, 1965,

79 Stat. 119.

--------------------------------------------------------------------

The words "or of any moneys, dues, and other interests lately in

the possession of or due to the so-called Confederate States, or

their agents, and now belonging to the United States, which are now

withheld or retained by any person, corporation or municipality

whatever, and which ought to have come into the possession and

custody of, or been collected or received by, the United States" in

section 3755 of the Revised Statues and "debts, dues, or interests,

which shall not be paid from such moneys as shall be realized and

received from the property so collected, under each specific

agreement" are omitted as obsolete.

-End-

-CITE-

40 USC Sec. 1310 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1310. Sale of war supplies, land, and buildings

-STATUTE-

(a) In General. - The President, through the head of any

executive department and on terms the head of the department

considers expedient, may sell to a person, another department of

the Federal Government, or the government of a foreign country

engaged in war against a country with which the United States is at

war -

(1) war supplies, material, and equipment;

(2) by-products of the war supplies, material, and equipment;

and

(3) any building, plant, or factory, including the land on

which the plant or factory may be situated, acquired since April

6, 1917, for the production of war supplies, materials, and

equipment that, during the emergency existing on July 9, 1918,

may have been purchased, acquired, or manufactured by the

Government.

(b) Limitation on Sale of Guns and Ammunition. - Sales of guns

and ammunition authorized under any law shall be limited to -

(1) other departments of the Government;

(2) governments of foreign countries engaged in war against a

country with which the United States is at war; and

(3) members of the National Rifle Association and of other

recognized associations organized in the United States for the

encouragement of small-arms target practice.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1137.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1310 40:314. July 9, 1918, ch. 143 (last

par. on p. 850), 40 Stat.

850; Feb. 25, 1919, ch. 39,

Sec. 3, 40 Stat. 1173; May

29, 1928, ch. 901, Sec.

1(8), 45 Stat. 986; Aug. 7,

1946, ch. 770, (55), 60

Stat. 870.

--------------------------------------------------------------------

In this section, the words "government of a foreign country" are

substituted for "foreign State or Government", and the words

"against a country" are substituted for "against any Government",

for consistency in the revised title and with other titles of the

United States Code.

In subsection (a), before clause (1), the words "partnership,

association" are omitted because of the definition of person in

1:1.

In subsection (b), before clause (1), the words "in this section

or . . . other" are omitted as unnecessary.

-End-

-CITE-

40 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1311. Authority of President to obtain release

-STATUTE-

For the use or benefit of the Federal Government, the President

may obtain from an individual or officer to whom land has been or

will be conveyed a release of the individual's or officer's

interest to the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1311 40:305. R.S. Sec. 3752.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1312. Release of real estate in certain cases

-STATUTE-

(a) In General. - Real estate that has become the property of the

Federal Government in payment of a debt which afterward is fully

paid in money and received by the Government may be conveyed by the

Administrator of General Services to the debtor from whom it was

taken or to the heirs or devisees of the debtor or the person that

they may appoint.

(b) Nonapplication. - This section does not apply to real estate

the Government acquires in payment of any debt arising under the

Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1312 40:306. R.S. Sec. 3751; Pub. L.

89-30, Sec. 3, June 2, 1965,

79 Stat. 119.

--------------------------------------------------------------------

In subsection (a), the words "by conveyance, extent, or

otherwise" are omitted as unnecessary. The words "General Counsel

for the Department of the Treasury" were substituted for "Solicitor

of the Treasury" in section 3751 of the Revised Statutes because

section 512(b) of the Revenue Act of 1934 (ch. 277, 48 Stat. 759)

abolished the offices of General Counsel and Assistant General

Counsel for the Bureau of Internal Revenue and the offices of

Solicitor and Assistant Solicitor of the Treasury and transferred

the powers, duties, and functions of those offices to the General

Counsel for the Department of the Treasury. The words "release by

deed or otherwise" and "if he is living, or, if such debtor is

dead" are omitted as unnecessary.

In subsection (b), the words "the Internal Revenue Code of 1986

(26 U.S.C. 1 et seq.)" are substituted for "the internal-revenue

laws" for clarity and for consistency in the revised title and with

other titles of the Code.

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (b), is

classified to Title 26, Internal Revenue Code.

-End-

-CITE-

40 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1313. Releasing property from attachment

-STATUTE-

(a) Stipulation of Discharge. -

(1) Person asserting claim entitled to benefits. - In a

judicial proceeding under the laws of a State, district,

territory, or possession of the United States, when property

owned or held by the Federal Government, or in which the

Government has or claims an interest, is seized, arrested,

attached, or held for the security or satisfaction of a claim

made against the property, the Attorney General may direct the

United States Attorney for the district in which the property is

located to enter a stipulation that on discharge of the property

from the seizure, arrest, attachment, or proceeding, the person

asserting the claim against the property becomes entitled to all

the benefits of this section.

(2) Nonapplication. - This subsection does not -

(A) recognize or concede any right to enforce by seizure,

arrest, attachment, or any judicial process a claim against

property -

(i) of the Government; or

(ii) held, owned, or employed by the Government, or by a

department of the Government, for a public use; or

(B) waive an objection to a proceeding brought to enforce the

claim.

(b) Payment. - After a discharge, a final judgment which affirms

the claim for the security or satisfaction and the right of the

person asserting the claim to enforce it against the property,

notwithstanding the claims of the Government, is deemed to be a

full and final determination of the rights of the person and

entitles the person, as against the Government, to the rights the

person would have had if possession of the property had not been

changed. When the claim is for the payment of money found to be

due, presentation of an authenticated copy of the record of the

judgment and proceedings is sufficient evidence to the proper

accounting officers for the allowance of the claim, which shall be

allowed and paid out of amounts in the Treasury not otherwise

appropriated. The amount allowed and paid shall not exceed the

value of the interest of the Government in the property.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1138.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1313(a) 40:308. R.S. Sec. 3753; Pub. L.

89-30, Sec. 1(a), June 2,

1965, 79 Stat. 118.

1313(b) 40:309. R.S. Sec. 3754; Pub. L.

89-30, Sec. 1(b), June 2,

1965, 79 Stat. 119.

--------------------------------------------------------------------

In subsection (a)(1), the words "territory, or possession of the

United States" are substituted for "or territory" for consistency

in the revised title and with other titles of the United States

Code. The words "in his discretion" are omitted as unnecessary. The

words "General Counsel for the department of Treasury" were

substituted for "Solicitor of the Treasury" in section 3753 of the

Revised Statutes because section 512(b) of the Revenue Act of 1934

(ch. 277, 48 Stat. 759) abolished the offices of General Counsel

and Assistant General Counsel for the Bureau of Internal Revenue

and the offices of Solicitor and Assistant Solicitor of the

Treasury and transferred the powers, duties, and functions of those

offices to the General Counsel for the Department of the Treasury.

In subsection (b), the words "in the court of last resort to

which the Attorney General may deem proper to cause such

proceedings to be carried", "to all intents and purposes", "and the

same is by such judgment found to be due", and "duly" are omitted

as unnecessary.

-End-

-CITE-

40 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1314. Easements

-STATUTE-

(a) Definitions. - In this section -

(1) Executive agency. - The term "executive agency" means an

executive department or independent establishment in the

executive branch of the Federal Government, including a wholly

owned Government corporation.

(2) Real property of the government. - The term "real property

of the Government" excludes -

(A) public land (including minerals, vegetative, and other

resources) in the United States, including -

(i) land reserved or dedicated for national forest

purposes;

(ii) land the Secretary of the Interior administers or

supervises in accordance with the Act of August 25, 1916 (16

U.S.C. 1, 2, 3, 4) (known as the National Park Service

Organic Act);

(iii) Indian-owned trust and restricted land; and

(iv) land the Government acquires primarily for fish and

wildlife conservation purposes and the Secretary administers;

(B) land withdrawn from the public domain primarily under the

jurisdiction of the Secretary; and

(C) land acquired for national forest purposes.

(3) State. - The term "State" means a State of the United

States, the District of Columbia, Puerto Rico, and the

territories and possessions of the United States.

(b) Grant of Easement. - When a State, a political subdivision or

agency of a State, or a person applies for the grant of an easement

in, over, or on real property of the Government, the executive

agency having control of the real property may grant to the

applicant, on behalf of the Government, an easement that the head

of the agency decides will not be adverse to the interests of the

Government, subject to reservations, exceptions, limitations,

benefits, burdens, terms, or conditions that the head of the agency

considers necessary to protect the interests of the Government. The

grant may be made without consideration, or with monetary or other

consideration, including an interest in real property.

(c) Relinquishment of Legislative Jurisdiction. - In connection

with the grant of an easement, the executive agency concerned may

relinquish to the State in which the real property is located

legislative jurisdiction that the executive agency considers

necessary or desirable. Relinquishment of legislative jurisdiction

may be accomplished by filing with the chief executive officer of

the State a notice of relinquishment to take effect upon acceptance

or by proceeding in the manner that the laws applicable to the

State may provide.

(d) Termination of Easement. -

(1) When termination occurs. - The instrument granting the

easement may provide for termination of any part of the easement

if there has been -

(A) a failure to comply with a term or condition of the

grant;

(B) a nonuse of the easement for a consecutive 2-year period

for the purpose for which granted; or

(C) an abandonment of the easement.

(2) Notice required. - If a termination provision is included,

it shall require that written notice of the termination be given

to the grantee, or its successors or assigns.

(3) Effective date. - The termination is effective as of the

date of the notice.

(e) Additional Easement Authority. - The authority conferred by

this section is in addition to, and shall not affect or be subject

to, any other law under which an executive agency may grant

easements.

(f) Limitation on Issuance of Rights of Way. - Rights of way

over, under, and through public lands and lands in the National

Forest System may not be granted under this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1139.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1314(a) 40:319c. Pub. L. 87-852, Oct. 23,

1962, 76 Stat. 1129.

1314(b) 40:319 (1st, 2d

sentences).

1314(c) 40:319 (3d, last

sentences).

1314(d) 40:319a.

1314(e) 40:319b.

1314(f) 40:319 note, 319a Pub. L. 94-579, title VII,

note, 319b note, Sec. 706(a) (related to the

319c note. Act of Oct. 23, 1962 (Pub.

L. 87 - 852, 76 Stat.

1129)), Oct. 21, 1976, 90

Stat. 2793.

--------------------------------------------------------------------

In subsection (a), the text of 40:319c(c) is omitted because of

1:1. In clause (3), the words "territories and" are added for

consistency in the revised title and with other titles of the

United States Code.

In subsection (b), the words "for a right-of-way or other

purpose" are omitted as unnecessary.

In subsection (c), the words "affected" and "concerned" before "a

notice" are omitted as unnecessary. The words "chief executive

officer" are substituted for "Governor" for clarity.

-REFTEXT-

REFERENCES IN TEXT

The National Park Service Organic Act, referred to in subsec.

(a)(2)(A)(ii), is the popular name for act Aug. 25, 1916, ch. 408,

39 Stat. 35, as amended, which is classified generally to sections

1, 2, 3, and 4 of Title 16, Conservation. For complete

classification of this Act to the Code, see Short Title note set

out under section 1 of Title 16 and Tables.

-End-

-CITE-

40 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 13 - PUBLIC PROPERTY

-HEAD-

Sec. 1315. Law enforcement authority of Secretary of Homeland

Security for protection of public property

-STATUTE-

(a) In General. - To the extent provided for by transfers made

pursuant to the Homeland Security Act of 2002, the Secretary of

Homeland Security (in this section referred to as the "Secretary")

shall protect the buildings, grounds, and property that are owned,

occupied, or secured by the Federal Government (including any

agency, instrumentality, or wholly owned or mixed-ownership

corporation thereof) and the persons on the property.

(b) Officers and Agents. -

(1) Designation. - The Secretary may designate employees of the

Department of Homeland Security, including employees transferred

to the Department from the Office of the Federal Protective

Service of the General Services Administration pursuant to the

Homeland Security Act of 2002, as officers and agents for duty in

connection with the protection of property owned or occupied by

the Federal Government and persons on the property, including

duty in areas outside the property to the extent necessary to

protect the property and persons on the property.

(2) Powers. - While engaged in the performance of official

duties, an officer or agent designated under this subsection may

-

(A) enforce Federal laws and regulations for the protection

of persons and property;

(B) carry firearms;

(C) make arrests without a warrant for any offense against

the United States committed in the presence of the officer or

agent or for any felony cognizable under the laws of the United

States if the officer or agent has reasonable grounds to

believe that the person to be arrested has committed or is

committing a felony;

(D) serve warrants and subpoenas issued under the authority

of the United States;

(E) conduct investigations, on and off the property in

question, of offenses that may have been committed against

property owned or occupied by the Federal Government or persons

on the property; and

(F) carry out such other activities for the promotion of

homeland security as the Secretary may prescribe.

(c) Regulations. -

(1) In general. - The Secretary, in consultation with the

Administrator of General Services, may prescribe regulations

necessary for the protection and administration of property owned

or occupied by the Federal Government and persons on the

property. The regulations may include reasonable penalties,

within the limits prescribed in paragraph (2), for violations of

the regulations. The regulations shall be posted and remain

posted in a conspicuous place on the property.

(2) Penalties. - A person violating a regulation prescribed

under this subsection shall be fined under title 18, United

States Code, imprisoned for not more than 30 days, or both.

(d) Details. -

(1) Requests of agencies. - On the request of the head of a

Federal agency having charge or control of property owned or

occupied by the Federal Government, the Secretary may detail

officers and agents designated under this section for the

protection of the property and persons on the property.

(2) Applicability of regulations. - The Secretary may -

(A) extend to property referred to in paragraph (1) the

applicability of regulations prescribed under this section and

enforce the regulations as provided in this section; or

(B) utilize the authority and regulations of the requesting

agency if agreed to in writing by the agencies.

(3) Facilities and services of other agencies. - When the

Secretary determines it to be economical and in the public

interest, the Secretary may utilize the facilities and services

of Federal, State, and local law enforcement agencies, with the

consent of the agencies.

(e) Authority Outside Federal Property. - For the protection of

property owned or occupied by the Federal Government and persons on

the property, the Secretary may enter into agreements with Federal

agencies and with State and local governments to obtain authority

for officers and agents designated under this section to enforce

Federal laws and State and local laws concurrently with other

Federal law enforcement officers and with State and local law

enforcement officers.

(f) Secretary and Attorney General Approval. - The powers granted

to officers and agents designated under this section shall be

exercised in accordance with guidelines approved by the Secretary

and the Attorney General.

(g) Limitation on Statutory Construction. - Nothing in this

section shall be construed to -

(1) preclude or limit the authority of any Federal law

enforcement agency; or

(2) restrict the authority of the Administrator of General

Services to promulgate regulations affecting property under the

Administrator's custody and control.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1140; Pub. L. 107-296,

title XVII, Sec. 1706(b)(1), Nov. 25, 2002, 116 Stat. 2316.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1315(a) 40:318(a). June 1, 1948, ch. 359, Sec.

1, 62 Stat. 281; Pub. L.

100-678, Sec. 8(a), (b),

Nov. 17, 1988, 102 Stat.

4052.

1315(b) 40:318(b).

1315(c) 40:318b (words June 1, 1948, ch. 359, Sec.

before semicolon). 3, 62 Stat. 281; Pub. L.

100-678, Sec. 8(a), (c)(2),

Nov. 17, 1988, 102 Stat.

4052, 4053.

1315(d) 40:318b (words

after semicolon).

1315(e) 40:318d. June 1, 1948, ch. 359, Sec.

5, as added Pub. L. 87-275,

Sept. 22, 1961, 75 Stat. 574.

1315(f) 40:318a. June 1, 1948, ch. 359, Sec.

2, 62 Stat. 281; Pub. L.

100-678, Sec. 8(a), (c)(1),

Nov. 17, 1988, 102 Stat.

4052, 4053.

1315(g) 40:318c. June 1, 1948, ch. 359, Sec.

4, 62 Stat. 281; Pub. L.

104-201, div. A, title X,

Sec. 1067, Sept. 23, 1996,

110 Stat. 2654.

--------------------------------------------------------------------

In this section, the word "duly" is omitted as unnecessary.

In subsection (e), the words "who have been" are omitted as

unnecessary.

In subsection (g)(1), the words "fined under title 18" are

substituted for "fined not more than $50" for consistency with

chapter 227 of title 18.

In subsection (g)(2)(B), the words "similar offense" are

substituted for "like or similar offense" to eliminate unnecessary

words. The words "of the United States" are added for consistency

in the revised title and with other titles of the United States

Code.

-REFTEXT-

REFERENCES IN TEXT

The Homeland Security Act of 2002, referred to in subsecs. (a)

and (b)(1), is Pub. L. 107-296, Nov. 25, 2002, 116 Stat. 2135,

which is classified principally to chapter 1 (Sec. 101 et seq.) of

Title 6, Domestic Security. For complete classification of this Act

to the Code, see Short Title note set out under section 101 of

Title 6 and Tables.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-296 amended catchline and text generally.

Prior to amendment, text read as follows:

"(a) Appointment. - The Administrator of General Services, or an

official of the General Services Administration authorized by the

Administrator, may appoint uniformed guards of the Administration

as special police without additional compensation for duty in

connection with the policing of all buildings and areas owned or

occupied by the Federal Government and under the charge and control

of the Administrator.

"(b) Powers. - Special police appointed under this section have

the same powers as sheriffs and constables on property referred to

in subsection (a) to enforce laws enacted for the protection of

individuals and property, prevent breaches of the peace, suppress

affrays or unlawful assemblies, and enforce regulations prescribed

by the Administrator or an official of the Administration

authorized by the Administrator for property under their

jurisdiction. However, the jurisdiction and policing powers of

special police do not extend to the service of civil process.

"(c) Detail. - On the application of the head of a department or

agency of the Government having property of the Government under

its administration and control, the Administrator or an official of

the Administration authorized by the Administrator may detail

special police for the protection of the property and, if the

Administrator considers it desirable, may extend to the property

the applicability of regulations and enforce them as provided in

this section.

"(d) Use of Other Law Enforcement Agencies. - When it is

considered economical and in the public interest, the Administrator

or an official of the Administration authorized by the

Administrator may utilize the facilities and services of existing

federal law enforcement agencies, and, with the consent of a state

or local agency, the facilities and services of state or local law

enforcement agencies.

"(e) Nonuniformed Special Police. - The Administrator, or an

official of the Administration authorized by the Administrator, may

empower officials or employees of the Administration authorized to

perform investigative functions to act as nonuniformed special

police to protect property under the charge and control of the

Administration and to carry firearms, whether on federal property

or in travel status. When on real property under the charge and

control of the Administration, officials or employees empowered to

act as nonuniformed special police have the power to enforce

federal laws for the protection of individuals and property and to

enforce regulations for that purpose that the Administrator or an

official of the Administration authorized by the Administrator

prescribes and publishes. The special police may make arrests

without warrant for any offense committed on the property if the

police have reasonable grounds to believe the offense constitutes a

felony under the laws of the United States and that the individual

to be arrested is guilty of that offense.

"(f) Administrative. - The Administrator or an official of the

Administration authorized by the Administrator may prescribe

regulations necessary for the government of the property under

their charge and control, and may annex to the regulations

reasonable penalties, within the limits prescribed in subsection

(g), that will ensure their enforcement. The regulations shall be

posted and kept posted in a conspicuous place on the property.

"(g) Penalties. -

"(1) In general. - Except as provided in paragraph (2), a

person violating a regulation prescribed under subsection (f)

shall be fined under title 18, imprisoned for not more than 30

days, or both.

"(2) Exception for military traffic regulation. -

"(A) Definition. - For purposes of this paragraph, the term

'military traffic regulation' means a regulation for the

control of vehicular or pedestrian traffic on military

installations that the Secretary of Defense prescribes under

subsection (f).

"(B) In general. - A person violating a military traffic

regulation shall be fined an amount not exceeding the amount of

the maximum fine for a similar offense under the criminal or

civil law of the State, district, territory, or possession of

the United States where the military installation in which the

violation occurred is located, imprisoned for not more than 30

days, or both."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Protective Service of the General Services

Administration, including the functions of the Administrator of

General Services relating thereto, to the Secretary of Homeland

Security, and for treatment of related references, see sections

203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and

the Department of Homeland Security Reorganization Plan of November

25, 2002, as modified, set out as a note under section 542 of Title

6.

-MISC3-

DELEGATION OF AUTHORITY

Pub. L. 107-296, title XVII, Sec. 1706(b)(2), Nov. 25, 2002, 116

Stat. 2318, provided that: "The Secretary may delegate authority

for the protection of specific buildings to another Federal agency

where, in the Secretary's discretion, the Secretary determines it

necessary for the protection of that building."

[For definition of "Secretary" as used in section 1706(b)(2) of

Pub. L. 107-296, set out above, see section 101(13) of Title 6,

Domestic Security.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 457.

-End-

-CITE-

40 USC SUBTITLE II - PUBLIC BUILDINGS AND WORKS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

-HEAD-

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

-MISC1-

PART A - GENERAL

Chapter Sec.

31. GENERAL 3101

33. ACQUISITION, CONSTRUCTION, AND ALTERATION 3301

35. NON-FEDERAL PUBLIC WORKS 3501

37. CONTRACT WORK HOURS AND SAFETY STANDARDS 3701

PART B - UNITED STATES CAPITOL

51. UNITED STATES CAPITOL BUILDINGS AND GROUNDS 5101

PART C - FEDERAL BUILDING COMPLEXES

61. UNITED STATES SUPREME COURT BUILDING AND GROUNDS 6101

63. SMITHSONIAN INSTITUTION, NATIONAL GALLERY OF ART,

AND JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS 6301

65. THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING 6501

67. PENNSYLVANIA AVENUE DEVELOPMENT 6701

69. UNION STATION REDEVELOPMENT 6901

PART D - PUBLIC BUILDINGS, GROUNDS, AND PARKS IN THE DISTRICT OF

COLUMBIA

81. ADMINISTRATIVE 8101

83. WASHINGTON METROPOLITAN REGION DEVELOPMENT 8301

85. NATIONAL CAPITAL SERVICE AREA AND DIRECTOR 8501

87. PHYSICAL DEVELOPMENT OF NATIONAL CAPITAL REGION 8701

89. NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE WORKS 8901

91. COMMISSION OF FINE ARTS 9101

93. THEODORE ROOSEVELT ISLAND 9301

95. WASHINGTON AQUEDUCT AND OTHER PUBLIC WORKS IN THE

DISTRICT OF COLUMBIA 9501

-End-

-CITE-

40 USC PART A - GENERAL 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE II - PUBLIC BUILDINGS AND WORKS

PART A - GENERAL

-HEAD-

PART A - GENERAL

-End-