Legislación
US (United States) Code. Title 40. Subtitle I. Chapter 13: Public property
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40 USC CHAPTER 13 - PUBLIC PROPERTY 01/06/03
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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-
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40 USC Sec. 1301 01/06/03
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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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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1301 40:301. R.S. Sec. 3750; Pub. L.
89-30, Sec. 2, June 2, 1965,
79 Stat. 119.
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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-
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40 USC Sec. 1302 01/06/03
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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
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1302 40:303b. June 30, 1932, ch. 314, Sec.
321, 47 Stat. 412.
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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-
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40 USC Sec. 1303 01/06/03
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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
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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.
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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-
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40 USC Sec. 1304 01/06/03
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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
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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.
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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-
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40 USC Sec. 1305 01/06/03
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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
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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.
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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-
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40 USC Sec. 1306 01/06/03
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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
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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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-
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| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
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