r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS wiki — defined terms

“care and handling” applies in that section

The term “care and handling” includes— (A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and (B) rendering innocuous, or destroying, property that is dangerous to public health or safety. (2) Contractor inventory .—

“contractor inventory” applies in that section

The term “contractor inventory” means— (A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and (B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government. (3) Excess property .—

“excess property” applies in that section

The term “excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agency’s needs or responsibilities. (4) Executive agency .—

“executive agency” applies in that section

The term “executive agency” means— (A) an executive department or independent establishment in the executive branch of the Government; and (B) a wholly owned Government corporation. (5) Federal agency .—

“federal agency” applies in that section

The term “federal agency” means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol). (6) Foreign excess property .—

“foreign excess property” applies in that section

The term “foreign excess property” means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands. (7) Motor vehicle .—

“motor vehicle” applies in that section

The term “motor vehicle” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding— (A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and (B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties. (8) Nonpersonal services .—

“nonpersonal services” applies in that section

The term “nonpersonal services” means contractual services designated by the Administrator of General Services, other than personal and professional services. (9) Property .—

“property” applies in that section

The term “property” means any interest in property except— (A) (i) the public domain; (ii) land reserved or dedicated for national forest or national park purposes; (iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and (iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are …

“surplus property” applies in that section

The term “surplus property” means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.

“district court” applies in that section

the term “district court” means a district court of the United States or a district court of a territory or possession of the United States. (2) In general .— A district court has original jurisdiction of an action arising under this section, and venue is proper, if at least one defendant resides or may be found in the court’s judicial district. Jurisdiction and venue are determined without regard to the place where acts were committed.

“Administrator” applies in that section

The term “Administrator” means the Administrator of General Services. (2) Expenditure .—

“expenditure” applies in that section

The term “expenditure” means any obligation of funds from the Acquisition Services Fund for programs referenced in subsection (h).

“Administrator” applies in that section

The term “Administrator” means the Administrator of General Services. (2) Expenditure .—

“expenditure” applies in that section

The term “expenditure” means any obligation of funds from the Fund.

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (d) Use of Supply Schedules for Certain Goods and Services.— (1) In general .— The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C.

“local educational agency” applies in that section

The term “local educational agency” has the meaning given that term in section 7013 of the Elementary and Secondary Education Act of 1965.;

“qualified organization” applies in that section

the term “qualified organization” means a relief or disaster assistance organization as described in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5152 ). (f) Duty of Users Regarding Use of Supply Schedules .— All users of Federal supply schedules, including non-Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services.

“State or local government” applies in that section

The term “State or local government” includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education).;

“tribal government” applies in that section

The term “tribal government” means— (i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and (ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.).;

“State” applies in that section

the term “State” means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia. (2) In general .— Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to— (A) a state 1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act ( 7 U.S.C. 341 et seq.); (B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 ( 7 U.S.C.

“covered vessels and equipment” applies in that section

the term “covered vessels and equipment” means survey and research vessels and related equipment owned by the Federal Government and under the control of the National Oceanic and Atmospheric Administration.

“public agency” applies in that section

The term “public agency” means— (A) a State; (B) a political subdivision of a State (including a unit of local government or economic development district); (C) a department, agency, or instrumentality of a State (including instrumentalities created by compact or other agreement between States or political subdivisions); or (D) an Indian tribe, band, group, pueblo, or community located on a state reservation. (2) State .—

“State” applies in that section

The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (3) State agency .—

“state agency” applies in that section

The term “state agency” means an agency designated under state law as the agency responsible for fair and equitable distribution, through donation, of property transferred under this section. (b) Authorization.— (1) In general .— The Administrator of General Services, in the Administrator’s discretion and under regulations the Administrator may prescribe, may transfer property described in paragraph (2) to a state agency. (2) Property.— (A) In general .— Property referred to in paragraph (1) is any personal property that— (i) is under the control of an executive agency; and (ii) has been determined to be surplus property.

“Administrator” applies in that section

The term “Administrator” means the Administrator of General Services. (2) Digital divide .—

“digital divide” applies in that section

The term “digital divide” means the gap between those who have an internet-connected computer and the skills to use the computer and those who do not. (3) Disability .—

“disability” applies in that section

The term “disability” has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (4) Educational institution .—

“educational institution” applies in that section

The term “educational institution” means— (A) any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education; (B) in the case of an accredited institution of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and (C) a home school (whether treated as a home school or private school for the purposes of applicable State law). (5) Eligible recipient .—

“eligible recipient” applies in that section

The term “eligible recipient” means an educational institution, individual with a disability, low-income individual, student, senior in need, or veteran that is residing or based in the United States. (6) Institution of higher education .—

“institution of higher education” applies in that section

The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (7) Low-income individual .—

“low-income individual” applies in that section

The term “low-income individual” has the meaning given that term in section 351 of the Small Business Investment Act of 1958 ( 15 U.S.C. 689 ). (8) Nongovernmental entity .—

“nongovernmental entity” applies in that section

The term “nongovernmental entity” means an organization or group of organizations that— (A) are not part of a Federal, State, local, Tribal, or territorial government; and (B) are nonprofit computer refurbishers or other industry participants that— (i) primarily work to improve access to information and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and (ii) operate in the United States. (9) Nonprofit computer refurbisher .—

“nonprofit computer refurbisher” applies in that section

The term “nonprofit computer refurbisher” means a nonprofit organization that— (A) primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and (B) operates in the United States. (10) Nonprofit organization .—

“nonprofit organization” applies in that section

The term “nonprofit organization” means an organization that is described under section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (11) Repairable .—

“repairable” applies in that section

The term “repairable” means property that is unusable in its current state but can be economically repaired. (12) Secondary school .—

“secondary school” applies in that section

The term “secondary school” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (13) Senior .—

“senior” applies in that section

The term “senior” means an individual who is 65 years of age or older. (14) Senior in need .—

“senior in need” applies in that section

The term “senior in need” means a senior who experiences cultural, social, or geographical isolation that— (A) restricts the ability of the senior to perform normal daily tasks; or (B) threatens the capacity of the senior to live independently. (15) State agency for surplus property .—

“State agency for surplus property” applies in that section

The term “State agency for surplus property” has the meaning given the term “state agency” under section 549(a). (16) Student .—

“student” applies in that section

The term “student” means any individual enrolled in an educational institution, but not a public or private child care center. (17) Surplus computer or technology equipment .—

“surplus computer or technology equipment” applies in that section

The term “surplus computer or technology equipment” means computer or technology equipment that is property described under section 549(b)(2). (18) Technology equipment .—

“technology equipment” applies in that section

The term “technology equipment” means any physical asset related to a computer or information technology, including any peripheral component, tablet, communication device (such as a router, server, or cell phone), printer, scanner, uninterruptible power source, cable, or connection. (19) Veteran .—

“veteran” applies in that section

The term “veteran” has the meaning given that term in section 101 of title 38 .

“State” applies in that section

the term “State” includes the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Enforcement and Revision of Instruments Transferring Property Under This Section.— (1) In general .— Subject to disapproval by the Administrator of General Services within 30 days after notice of a proposed action to be taken under this section, except for personal property transferred pursuant to section 549 of this title , the official specified in paragraph (2) shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer under this section is made.

“State” applies in that section

the term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mariana Islands.

“base closure law” applies in that section

The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10 . (2) State .—

“State” applies in that section

The term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.

“antitrust law” applies in that section

the term “antitrust law” includes— (1) the Sherman Act ( 15 U.S.C. 1 et seq.); (2) the Clayton Act ( 15 U.S.C. 12 et seq., 29 U.S.C. 52 , 53); (3) the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.); and (4) sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8 , 9). (b) Advice Required.— (1) In general .— An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law.

“base closure law” applies in that section

The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10 . (2) Application.— (A) In general .— This subsection applies to real property, including any improvement on the property, that is under the control of a military department and that the Secretary of the department determines is excess to the department’s needs. (B) Exceptions .— This subsection does not apply to— (i) damaged or deteriorated military family housing facilities conveyed under section 2854a of title 10 ; or (ii) property at a military installation designated for closure or realignment pursuant to a base closure law.

“military installation” applies in that section

The term “military installation” has the meaning given that term in section 2687(e)(1) 1 of title 10. (B) Base closure law .—

“alternative workplace arrangements” applies in that section

the term “alternative workplace arrangements” includes telecommuting, hoteling, virtual offices, and other distributive work arrangements. (2) Consideration by executive agencies .— In considering whether to acquire space, quarters, buildings, or other facilities for use by employees, the head of an executive agency shall consider whether needs can be met using alternative workplace arrangements. (3) Guidance from administrator .— The Administrator may provide guidance, assistance, and oversight to any person regarding the establishment and operation of alternative workplace arrangements. (d) Amounts Available for Flexiplace Work Telecommuting Programs.— (1) Definition .— In this subsection,

“flexiplace work telecommuting program” applies in that section

the term “flexiplace work telecommuting program” means a program under which employees of a department or agency set out in paragraph (2) are permitted to perform all or a portion of their duties at a telecommuting center established under this section or other federal law. (2) Minimum funding .— For each of the following departments and agencies, in each fiscal year at least $50,000 of amounts made available for salaries and expenses is available only for carrying out a flexiplace work telecommuting program: (A) Department of Agriculture. (B) Department of Commerce. (C) Department of Defense. (D) Department of Education. (E) Department of Energy.

“telecommuting centers” applies in that section

the term “telecommuting centers” means flexiplace work telecommuting centers. (b) Telecommuting Centers Established by Administrator of General Services.— (1) Establishment .— The Administrator of General Services may acquire space for, establish, and equip telecommuting centers for use in accordance with this subsection. (2) Use .— A telecommuting center may be used by employees of federal agencies, state and local governments, and the private sector. The Administrator shall give federal employees priority in using a telecommuting center. The Administrator may make a telecommuting center available for use by others to the extent it is not fully utilized by federal employees.

“controlled space” applies in that section

the term “controlled space” means a substantial and identifiable segment of space (such as a building, floor, or wing) in a location that the Administrator of General Services controls for purposes of assignment of space. (b) Application .— This section applies if an agency (or unit of the agency), moves from one controlled space to another, whether in the same or a different location.

“allotment officer” applies in that section

The term “allotment officer” means an officer or agency of the Federal Government charged with the allotment of space in federal buildings. (2) Allotment .— A child care provider may be allotted space in a federal building by an allotment officer if— (A) the child care provider applies to the allotment officer in the community or district in which child care services are to be provided; (B) the space is available; and (C) the allotment officer determines that— (i) the space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian employed by the Government; and (ii) the child care provider will give priority to federal employees for …

“child care provider” applies in that section

The term “child care provider” means an individual or entity that provides or proposes to provide child care services for federal employees. (B) Allotment officer .—

“Executive agency” applies in that section

the term “Executive agency” has the meaning given that term in section 105 of title 5 , but does not include the Government Accountability Office. (2) In general .— In accordance with regulations the Office of Personnel Management prescribes, an Executive agency that provides or proposes to provide child care services for federal employees may use appropriated amounts that are otherwise available for salaries and expenses to provide child care in a federal or leased facility, or through contract, for civilian employees of the agency.

“executive facility” applies in that section

the term “executive facility” means a facility owned or leased by an office or entity within the executive branch of the Government. The term includes a facility owned or leased by the General Services Administration on behalf of an office or entity within the judicial branch of the Government. (2) In general .— All workers in a child care center located in an executive facility shall undergo a criminal history background check as defined in section 231 of the Crime Control Act of 1990 ( 42 U.S.C. 13041 ).

“services” applies in that section

the term “services” includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, classroom furnishings and equipment, kitchen appliances, playground equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone services), and security systems (including installation and other expenses associated with security systems), including replacement equipment, as needed. (2) No charge .— Space allotted under subsection (b) may be provided without charge for rent or services.

“covered services” applies in that section

The term “covered services” means any guard, elevator operator, messenger, or custodial services. (2) Sheltered workshop .—

“sheltered workshop” applies in that section

The term “sheltered workshop” means a sheltered workshop employing the severely handicapped under chapter 85 of title 41. (b) In General .— Except as provided in subsection (c), amounts made available to the General Services Administration pursuant to section 592 of this title may not be obligated or expended to procure covered services by contract if an employee who was a permanent veterans preference employee of the Administration on November 19, 1995 , would be terminated as a result.

“Administrator” applies throughout its subchapter

The term “Administrator” means the Administrator of General Services. (2) Council .—

“Council” applies throughout its subchapter

The term “Council” means the Federal Real Property Council established by section 623(a). (3) Director .—

“Director” applies throughout its subchapter

The term “Director” means the Director of the Office of Management and Budget. (4) Federal agency .—

“Federal agency” applies throughout its subchapter

The term “Federal agency” means— (A) an executive department or independent establishment in the executive branch of the Government; or (B) a wholly owned Government corporation (other than the United States Postal Service). (5) Field office .—

“field office” applies throughout its subchapter

The term “field office” means any office of a Federal agency that is not the headquarters office location for the Federal agency. (6) Postal property .—

“postal property” applies throughout its subchapter

The term “postal property” means any property owned or leased by the United States Postal Service. (7) Public-private partnership .—

“public-private partnership” applies throughout its subchapter

The term “public-private partnership” means any partnership or working relationship between a Federal agency and a corporation, individual, or nonprofit organization for the purpose of financing, constructing, operating, managing, or maintaining one or more Federal real property assets. (8) Underutilized property .—

“underutilized property” applies throughout its subchapter

The term “underutilized property” means a portion or the entirety of any real property, including any improvements, that is used— (A) irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or (B) for program purposes that can be satisfied only with a portion of the property.

“unit of general local government” applies throughout its chapter

The term “unit of general local government” means a city, county, town, parish, village, or other general-purpose political subdivision of a State. (2) Urban area .—

“urban area” applies throughout its chapter

The term “urban area” means— (A) a geographical area within the jurisdiction of an incorporated city, town, borough, village, or other unit of general local government, except a county or parish, having a population of at least 10,000 inhabitants; (B) that portion of the geographical area within the jurisdiction of a county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density of at least 1,500 inhabitants per square mile; and (C) that portion of a geographical area having a population density of at least 1,500 inhabitants per square mile and situated adjacent to the boundary of an incorporated unit of …

“agency head” applies throughout its chapter

The term “agency head” means the head of a department, agency, or bureau of the Federal Government. (2) Architectural and engineering services .—

“architectural and engineering services” applies throughout its chapter

The term “architectural and engineering services” means— (A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph; (B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and (C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and …

“firm” applies in that section

The term “firm” means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.

“federal agency” applies in that 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.

“executive agency” applies in that section

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.

“agency” applies in that section

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 .—

“property” applies in that section

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.

“executive agency” applies in that section

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 section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54; (iii) Indian-owned trust and restricted land; and (iv) land the Government …

“State” applies in that section

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 …

“contractor” applies throughout its subchapter

the term “contractor” means a person awarded a contract described in subsection (b). (b) Type of Bonds Required .— Before any contract of more than $100,000 is awarded for the construction, alteration, or repair of any public building or public work of the Federal Government, a person must furnish to the Government the following bonds, which become binding when the contract is awarded: (1) Performance bond .— A performance bond with a surety satisfactory to the officer awarding the contract, and in an amount the officer considers adequate, for the protection of the Government.

“Federal Government” applies throughout its subchapter

The term “Federal Government” has the same meaning that the term “United States” had in the Act of March 3, 1931 (ch. 411, 46 Stat. 1494 ) (known as the Davis-Bacon Act). (2) Wages, scale of wages, wage rates, minimum wages, and prevailing wages .—

“minimum wages” applies throughout its subchapter

The terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” include— (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, …

“prevailing wages” applies throughout its subchapter

The terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” include— (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, …

“scale of wages” applies throughout its subchapter

The terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” include— (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, …

“wage rates” applies throughout its subchapter

The terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” include— (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, …

“wages” applies throughout its subchapter

The terms “wages”, “scale of wages”, “wage rates”, “minimum wages”, and “prevailing wages” include— (A) the basic hourly rate of pay; and (B) for medical or hospital care, pensions on retirement or death, compensation for injuries or illness resulting from occupational activity, or insurance to provide any of the forgoing, for unemployment benefits, life insurance, disability and sickness insurance, or accident insurance, for vacation and holiday pay, for defraying the costs of apprenticeship or other similar programs, or for other bona fide fringe benefits, but only where the contractor or subcontractor is not required by other federal, state, or local law to provide any of those benefits, …

“alter” applies throughout its chapter

The term “alter” includes— (A) preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the alteration of a public building; and (B) repairing, remodeling, improving, or extending, or other changes in, a public building. (2) Construct .—

“construct” applies throughout its chapter

The term “construct” includes preliminary planning, engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other similar actions necessary for the construction of a public building. (3) Executive agency .—

“executive agency” applies throughout its chapter

The term “executive agency” means an executive department or independent establishment in the executive branch of the Federal Government, including— (A) any wholly owned Government corporation; (B) the Central-Bank for Cooperatives and the regional banks for cooperatives; (C) federal land banks; (D) federal intermediate credit banks; (E) the Federal Deposit Insurance Corporation; and (F) the Government National Mortgage Association. (4) Federal agency .—

“federal agency” applies throughout its chapter

The term “federal agency” means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect). (5) Public building .—

“public building” applies throughout its chapter

The term “public building”— (A) means a building, whether for single or multitenant occupancy, and its grounds, approaches, and appurtenances, which is generally suitable for use as office or storage space or both by one or more federal agencies or mixed-ownership Government corporations; (B) includes— (i) federal office buildings; (ii) post offices; (iii) customhouses; (iv) courthouses; (v) appraisers stores; (vi) border inspection facilities; (vii) warehouses; (viii) record centers; (ix) relocation facilities; (x) telecommuting centers; (xi) similar federal facilities; and (xii) any other buildings or construction projects the inclusion of which the President considers to be justified in …

“United States” applies throughout its chapter

The term “United States” includes the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States. (b) Nonapplication .— This chapter does not apply to the construction of any public building to which section 241(g) of the Immigration and Nationality Act ( 8 U.S.C. 1231(g) ) or section 1 of the Act of June 26, 1930 ( 19 U.S.C. 68 ) applies.

“commercial activities” applies in that section

The term “commercial activities” includes the operations of restaurants, food stores, craft stores, dry goods stores, financial institutions, and display facilities. (2) Cultural activities .—

“cultural activities” applies in that section

The term “cultural activities” includes film, dramatic, dance, and musical presentations, and fine art exhibits, whether or not those activities are intended to make a profit. (3) Educational activities .—

“educational activities” applies in that section

The terms “educational activities” includes the operations of libraries, schools, day care centers, laboratories, and lecture and demonstration facilities. (4) Historical, architectural, or cultural significance .—

“historical, architectural, or cultural significance” applies in that section

The term “historical, architectural, or cultural significance” includes buildings listed or eligible to be listed on the National Register established under chapter 3021 of title 54. (5) Recreational activities .—

“recreational activities” applies in that section

The term “recreational activities” includes the operations of gymnasiums and related facilities. (6) Unit of general local government .—

“unit of general local government” applies in that section

The term “unit of general local government” means a city, county, town, parish, village, or other general-purpose political subdivision of a State. (b) Duties of Administrator .— To carry out the duties of the Administrator of General Services under sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5) of this title and under any other authority with respect to constructing, operating, maintaining, altering, and otherwise managing or acquiring space necessary to accommodate federal agencies and to accomplish the purposes of sections 581(h), 584(b), 3303(c), and 3307(b)(3) and (5), the Administrator shall— (1) acquire and utilize space in suitable buildings of historical, architectural, …

“Administrator” applies in that section

The term “Administrator” means the Administrator of General Services. (2) Lighting system .—

“lighting system” applies in that section

The term “lighting system” means the elements required to maintain a desired light level, including lamps, light fixtures, fixture distribution, sensors and control technologies, interior design elements, and daylighting sources. (b) Procurement.— (1) In general .— To the maximum extent practicable, the Administrator shall— (A) procure the most life-cycle cost effective and energy efficient lighting systems; and (B) ensure that procurements after the date of enactment of the BRIGHT Act of lighting systems or the individual components of lighting systems maximize life-cycle cost effectiveness and energy efficiency.

“baby changing facility” applies in that section

The term “baby changing facility” means a table or other device suitable for changing the diaper of a child age 3 or under. (2) Pubic 1 building .—

“public building” applies in that section

The term “public building” means a public building as defined in section 3301 and controlled by the Public Building Service of the General Services Administration.

“appropriate authority” applies in that section

The term “appropriate authority” means the head of a Federal agency, the Architect of the Capitol, or other official authority responsible for the operation of a public building. (2) Covered public building .—

“associated information” applies in that section

The term “associated information” means resolutions approved by the committees of jurisdiction and other information as required pursuant to subsection (a).

“committees of jurisdiction” applies in that section

The term “committees of jurisdiction” means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (3) Associated information .—

“covered public building” applies in that section

The term “covered public building” means a public building (as defined in section 3301) that is open to the public and contains a public restroom, and includes a building listed in section 6301 or 5101. (3) Lactation room .—

“lactation room” applies in that section

The term “lactation room” means a hygienic place, other than a bathroom, that— (A) is shielded from view; (B) is free from intrusion; and (C) contains a chair, a working surface, and, if the public building is otherwise supplied with electricity, an electrical outlet. (b) Lactation Room Required .— Except as provided in subsection (c), the appropriate authority of a covered public building shall ensure that the building contains a lactation room that is made available for use by members of the public to express breast milk.

“prospectus” applies in that section

The term “prospectus” means prospectuses, building surveys, and factsheets submitted to the committees of jurisdiction pursuant to sections 3307 and 3316. (2) Committees of jurisdiction .—

“public agency” applies throughout its chapter

The term “public agency” means a State or a public agency or political subdivision of a State. (2) Public works .—

“public works” applies throughout its chapter

The term “public works” includes any public works other than housing. (3) State .—

“State” applies throughout its chapter

The term “State” means a State of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States.

“Federal Government” applies throughout its chapter

the term “Federal Government” has the same meaning that the term “United States” had in the Contract Work Hours and Safety Standards Act ( Public Law 87–581 , 76 Stat. 357 ). (b) Application.— (1) Contracts .— This chapter applies to— (A) any contract that may require or involve the employment of laborers or mechanics on a public work of the Federal Government, a territory of the United States, or the District of Columbia; and (B) any other contract that may require or involve the employment of laborers or mechanics if the contract is one— (i) to which the Government, an agency or instrumentality of the Government, a territory, or the District of Columbia is a party; (ii) which is made for …

“Capitol Buildings” applies throughout its chapter

the term “Capitol Buildings” means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden) 1 all buildings on the real property described under section 5102(d), all subways and enclosed passages connecting two or more of those structures, and the real property underlying and enclosed by any of those structures.

“act of physical violence” applies in that section

The term “act of physical violence” means any act involving— (A) an assault or other infliction or threat of infliction of death or bodily harm on an individual; or (B) damage to, or destruction of, real or personal property. (2) Dangerous weapon .—

“dangerous weapon” applies in that section

The term “dangerous weapon” includes— (A) all articles enumerated in section 14(a) of the Act of July 8, 1932 (ch. 465, 47 Stat. 654 ); and (B) a device designed to expel or hurl a projectile capable of causing injury to individuals or property, a dagger, a dirk, a stiletto, and a knife having a blade over three inches in length. (3) Explosives .—

“explosives” applies in that section

The term “explosives” has the meaning given that term in section 841(d) of title 18 . (4) Firearm .—

“firearm” applies in that section

The term “firearm” has the meaning given that term in section 921(3) 1 of title 18. (b) Obstruction of Roads .— A person may not occupy the roads in the United States Capitol Grounds in a manner that obstructs or hinders their proper use, or use the roads in the area of the Grounds, south of Constitution Avenue and B Street and north of Independence Avenue and B Street, to convey goods or merchandise, except to or from the United States Capitol on Federal Government service. (c) Sale of Articles, Display of Signs, and Solicitations .— A person may not carry out any of the following activities in the Grounds: (1) offer or expose any article for sale.

“official guest of the Supreme Court” applies throughout its chapter

The term “official guest of the Supreme Court” means an individual who is a guest of the Supreme Court, as determined by the Chief Justice of the United States or any Associate Justice of the Supreme Court; (2) State .—

“State” applies throughout its chapter

The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and any territory or possession of the United States; and (b) Application .— For purposes of section 6102 of this title and subchapters III and IV, the Supreme Court grounds— (1) extend to the line of the face of— (A) the east curb of First Street Northeast, between Maryland Avenue Northeast and East Capitol Street; (B) the south curb of Maryland Avenue Northeast, between First Street Northeast and Second Street Northeast; (C) the west curb of Second Street Northeast, between …

“specified buildings and grounds” applies throughout its chapter

the term “specified buildings and grounds” means— (1) Smithsonian institution .— The Smithsonian Institution and its grounds, which include the following: (A) Smithsonian buildings and grounds on the national mall .— The Smithsonian Building, the Arts and Industries Building, the Freer Gallery of Art, the National Air and Space Museum, the National Museum of Natural History, the National Museum of American History, the National Museum of the American Indian, the Hirshhorn Museum and Sculpture Garden, the Arthur M. Sackler Gallery, the National Museum of African Art, the S.

“Chief Justice” applies throughout its chapter

the term “Chief Justice” means the Chief Justice of the United States or the designee of the Chief Justice, except that when there is a vacancy in the office of the Chief Justice, the most senior associate justice of the Supreme Court shall be deemed to be the Chief Justice for purposes of this chapter until the vacancy is filled.

“development area” applies throughout its subchapter

the term “development area” means the area to be developed, maintained, and used in accordance with this subchapter and the Pennsylvania Avenue Development Corporation Act of 1972 ( Public Law 92–578 , 86 Stat.

“Federal Triangle development area” applies throughout its subchapter

The term “Federal Triangle development area” means the area bounded as follows: Beginning at a point on the southwest corner of the intersection of Fourteenth Street and Pennsylvania Avenue (formerly E Street), Northwest; thence south along the western side of Fourteenth Street to the northwest corner of the intersection of Fourteenth Street and Constitution Avenue, Northwest; thence east along the northern side of Constitution Avenue to the northeast corner of the intersection of Twelfth Street and Constitution Avenue, Northwest; thence north along the eastern side of Twelfth Street and Constitution Avenue, Northwest; thence north along the eastern side of Twelfth Street to the southeast …

“Federal Triangle property” applies throughout its subchapter

The term “Federal Triangle property” means— (A) the property owned by the Federal Government in the District of Columbia, known as the “Great Plaza” site, which consists of squares 256, 257, 258, parts of squares 259 and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and (B) except for purposes of section 6733(a) of this title , any property the Pennsylvania Avenue Development Corporation acquired under section 3(b) of the Federal Triangle Development Act ( Public Law 100–113 , 101 Stat. 736 ).

“Union Station complex” applies throughout its subchapter

the term “Union Station complex” means real property, air rights, and improvements the Secretary of the Interior leased under sections 101–110 of the National Visitors Center Facilities Act of 1968 ( Public Law 90–264 , 82 Stat. 43 ) and property acquired and improvements made in accordance with this subchapter.

“Washington metropolitan region” applies throughout its chapter

the term “Washington metropolitan region” includes the District of Columbia, the counties of Montgomery and Prince Georges in Maryland, and the counties of Arlington and Fairfax and the cities of Alexandria and Falls Church in Virginia.

“environs” applies throughout its chapter

The term “environs” means the territory surrounding the District of Columbia included in the National Capital region. (2) National capital .—

“National Capital” applies throughout its chapter

The term “National Capital” means the District of Columbia and territory the Federal Government owns in the environs. (3) National capital region .—

“National Capital region” applies throughout its chapter

The term “National Capital region” means— (A) the District of Columbia; (B) Montgomery and Prince Georges Counties in Maryland; (C) Arlington, Fairfax, Loudoun, and Prince William Counties in Virginia; and (D) all cities in Maryland or Virginia in the geographic area bounded by the outer boundaries of the combined area of the counties listed in subparagraphs (B) and (C). (4) Planning agency .—

“planning agency” applies throughout its chapter

The term “planning agency” means any city, county, bi-county, part-county, or regional planning agency authorized under state and local laws to make and adopt comprehensive plans.

“commemorative work” applies throughout its chapter

The term “commemorative work” means any statue, monument, sculpture, memorial, plaque, inscription, or other structure or landscape feature, including a garden or memorial grove, designed to perpetuate in a permanent manner the memory of an individual, group, event or other significant element of American history, except that the term does not include any such item which is located within the interior of a structure or a structure which is primarily used for other purposes. (2) The district of columbia and its environs .—

“Reserve” applies throughout its chapter

The term “Reserve” means the great cross-axis of the Mall, which generally extends from the United States Capitol to the Lincoln Memorial, and from the White House to the Jefferson Memorial, as depicted on the map referenced in paragraph (2). (4) Sponsor .—

“sponsor” applies throughout its chapter

The term “sponsor” means a public agency, or an individual, group or organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and which is authorized by Congress to establish a commemorative work in the District of Columbia and its environs. (b) Nonapplication .— This chapter does not apply to commemorative works authorized by a law enacted before January 3, 1985 .

“the District of Columbia and its environs” applies throughout its chapter

The term “the District of Columbia and its environs” means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003 . (3) Reserve .—

“commercial product” applies in that section

The term “commercial product” has the meaning given that term in section 103 of title 41 . (2) Executive agency .—

“executive agency” applies in that section

The term “executive agency” has the meaning given that term in section 133 of title 41 . (3) Information resources .—

“information resources” applies in that section

The term “information resources” has the meaning given that term in section 3502 of title 44 . (4) Information resources management .—

“information resources management” applies in that section

The term “information resources management” has the meaning given that term in section 3502 of title 44 . (5) Information system .—

“information system” applies in that section

The term “information system” has the meaning given that term in section 3502 of title 44 . (6) Information technology .—

“information technology” applies in that section

The term “information technology”— (A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use— (i) of that equipment; or (ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product; (B) includes computers, ancillary equipment …

“national security system” applies in that section

the term “national security system” means a telecommunications or information system operated by the Federal Government, the function, operation, or use of which— (A) involves intelligence activities; (B) involves cryptologic activities related to national security; (C) involves command and control of military forces; (D) involves equipment that is an integral part of a weapon or weapons system; or (E) subject to paragraph (2), is critical to the direct fulfillment of military or intelligence missions.

“covered agency” applies in that section

The term “covered agency” means an agency listed in section 901(b)(1) or 901(b)(2) of title 31.;

“major information technology investment” applies in that section

The term “major information technology investment” means an investment within a covered agency information technology investment portfolio that is designated by the covered agency as major, in accordance with capital planning guidance issued by the Director.;

“national security system” applies in that section

The term “national security system” has the meaning provided in section 3542 of title 44 . 1 (2) Analyzing, tracking, and evaluating capital investments .— As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks, including information security risks, and results of all major capital investments made by an executive agency for information systems. The process shall cover the life of each system and shall include explicit criteria for analyzing the projected and actual costs, benefits, and risks, including information security risks, associated with the investments.

“covered agency” applies in that section

The term “covered agency” means each agency listed in section 901(b)(1) or 901(b)(2) of title 31.;

“information technology” applies in that section

The term “information technology” has the meaning given that term under capital planning guidance issued by the Office of Management and Budget. (b) Additional Authorities for Chief Information Officers.— (1) Planning, programming, budgeting, and execution authorities for cios.— (A) In general .— The head of each covered agency other than the Department of Defense shall ensure that the Chief Information Officer of the agency has a significant role in— (i) the decision processes for all annual and multi-year planning, programming, budgeting, and execution decisions, related reporting requirements, and reports related to information technology; and (ii) the management, governance, and …

“Federal information system” applies in that section

The term “Federal information system” means an information system used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency. (2) Information security .—

“information security” applies in that section

The term “information security” has the meaning given that term in section 3552(b)(3) of title 44 . (3) National security system .—