[House Prints, 109th Congress]
[From the U.S. Government Publishing Office]
[COMMITTEE PRINT]
February 16, 2005
EXPLANATION OF H.R. 866, TO MAKE TECHNICAL CORRECTIONS TO THE UNITED
STATES CODE
General Explanation
Purpose.--The purpose of the bill is to make technical
corrections to the United States Code relating to cross
references, typographical errors, and stylistic matters.
Background.--The Office of the Law Revision Counsel of the
House of Representatives has prepared the bill and submitted it
to the Committee as part of the responsibilities of the Office
under section 285b of title 2, United States Code, to provide
revisions in titles of the Code that have been enacted into
positive law so that those titles may be kept current.
Section-by-Section Summary
SECTION 1--PURPOSE
Section 1 contains a statement of the purpose of the bill.
SECTION 2--TITLE 10, UNITED STATES CODE
Section 2 updates a cross reference in title 10, United
States Code.
SECTION 3--TITLE 23, UNITED STATES CODE
Section 3 updates cross references in title 23, United
States Code.
SECTION 4--TITLE 28, UNITED STATES CODE
Section 4 updates cross references in title 28, United
States Code.
SECTION 5--TITLE 36, UNITED STATES CODE
Section 5 makes technical corrections to title 36, United
States Code, relating to cross references, typographical
errors, and stylistic matters.
SECTION 6--TITLE 40, UNITED STATES CODE
Section 6 makes technical corrections to title 40, United
States Code, relating to cross references, typographical
errors, and stylistic matters.
Changes in Existing Law Made by the Bill
Changes in existing law made by the bill are shown below.
Existing law proposed to be omitted is enclosed in bold
brackets, new matter is printed in italic, and existing law in
which no change is proposed is shown in roman.
deg.
Changes in Existing Law Made by Section 2 of the Bill (Technical
Corrections to Title 10, United States Code)
TITLE 10--ARMED FORCES
* * *
Sec. 2701. Environmental restoration program
* * *
(i) Surety Bonds.--
(1) Applicability of [miller act] sections 3131 and
3133 of title 40.--If under sections 3131 and 3133 of
title 40 surety bonds are required for any direct
Federal procurement of any response action contract
under the Defense Environmental Restoration Program and
are not waived pursuant to section 3134 of title 40,
the surety bonds shall be issued in accordance with
sections 3131 and 3133.
* * *
deg.
Changes in Existing Law Made by Section 3 of the Bill (Technical
Corrections to Title 23, United States Code)
TITLE 23--HIGHWAYS
* * *
Sec. 107. Acquisition of rights-of-way--Interstate System
(a) In any case in which the Secretary is requested by a
State to acquire lands or interests in lands (including within
the term ``interests in lands'', the control of access thereto
from adjoining lands) required by such State for right-of-way
or other purposes in connection with the prosecution of any
project for the construction, reconstruction, or improvement of
any section of the Interstate System, the Secretary is
authorized, in the name of the United States and prior to the
approval of title by the Attorney General, to acquire, enter
upon, and take possession of such lands or interests in lands
by purchase, donation, condemnation, or otherwise in accordance
with the laws of the United States (including [the Act of
February 26, 1931, 46 Stat. 1421] sections 3114 to 3116 and
3118 of title 40), if--
* * *
Sec. 210. Defense access roads
* * *
(e) If the Secretary shall determine that the State
transportation department of any State is unable to obtain
possession and the right to enter upon and use the required
rights-of-way, lands, or interest in lands, improved or
unimproved, required for any project authorized by this section
with sufficient promptness, the Secretary is authorized to
acquire, enter upon, take possession thereof, and expend funds
for projects thereon, prior to approval of title by the
Attorney General, in the name of the United States, such
rights-of-way, lands, or interest in lands as may be required
in such State for such projects by purchase, donation,
condemnation, or otherwise in accordance with the laws of the
United States (including [the Act of February 26, 1931; 46
Stat. 1421] sections 3114 to 3116 and 3118 of title 40). The
cost incurred by the Secretary in acquiring any such rights-of-
way, lands, or interest in lands may include the cost of
examination and abstract of title, certificate of title,
advertising, and any fees incidental to such acquisition; and
shall be payable out of the funds available for paying the cost
or the Federal share of the cost of the project for which such
rights-of-way, lands, or interests in lands are acquired. The
Secretary is further authorized and directed by proper deed
executed in the name of the United States to convey any lands
or interests in lands acquired in any State under the
provisions of prior Acts or of this section to the State
transportation department of such State or to such political
subdivision thereof as its laws may provide, upon such terms
and conditions as may be agreed upon by the Secretary and the
State transportation department, or political subdivisions to
which the conveyance is to be made.
* * *
deg.
Changes in Existing Law Made by Section 4 of the Bill (Technical
Corrections to Title 28, United States Code)
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
* * *
CHAPTER 91--UNITED STATES COURT OF FEDERAL CLAIMS
Sec.
* * *
1499. Liquidated damages withheld from contractors under [Contract Work
Hours and Safety Standards Act] chapter 37 of title 40.
* * *
Sec. 1499. Liquidated damages withheld from contractors under [Contract
Work Hours and Safety Standards Act] chapter 37 of
title 40
* * *
deg.
Changes in Existing Law Made by Section 5 of the Bill (Technical
Corrections to Title 36, United States Code)
TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCES, CEREMONIES, AND
ORGANIZATIONS
* * *
CHAPTER 5--PRESIDENTIAL INAUGURAL CEREMONIES
Sec.
* * *
510. Disclosure of and prohibition on certain donations.
[510] 511. Authorization of appropriations.
* * *
CHAPTER 23--UNITED STATES HOLOCAUST MEMORIAL MUSEUM
Sec.
* * *
2306. Insurance for [museum] Museum.
* * *
Sec. 2301. Establishment of the United States Holocaust Memorial
Museum; functions
The United States Holocaust Memorial Museum (hereafter in
this chapter referred to as the ``Museum'') is an independent
establishment of the [United State Government] United States
Government. The Museum shall--
* * *
Sec. 20908. Restrictions
* * *
(c) Distribution of Income or Assets.--The income or assets
of the corporation may not inure to the benefit of, or be
distributed to, a director, officer, or member during the life
of the charter granted by this chapter. This subsection does
not prevent the payment of reasonable compensation to an
officer or reimbursement for actual necessary expenses in
amounts approved by the [board or directors] board of
directors.
* * *
Sec. 40103. Purposes
* * *
(13) function as a veterans' and patriotic
organization as authorized by the [laws of the each
State] laws of each State in which it is incorporated.
* * *
Sec. 70912. Service of process
* * *
(b) States, Territories, and Possessions.--As a condition
to the exercise of any power or privilege granted by this
chapter, the [Corporation] corporation shall file, with the
Secretary of State or other designated official of each State,
territory, or possession of the United States in which a
subordinate association or chapter is organized, the name and
address of an agent in that State, territory, or possession on
whom legal process or demands against the corporation may be
served.
* * *
Sec. 150511. Service of process
* * *
(b) States.--As a condition to the exercise in any State of
any power or privilege granted by this chapter, the corporation
shall file, [with secretary] with the secretary of state or
other designated official of that State, the name and address
of an agent in that State on whom legal process or demands
against the corporation may be served.
* * *
Sec. 151303. Board of directors
* * *
(c) Chairman.--[The Chairman] The chairman shall be elected
by the board from its voting members for a 2-year term.
* * *
Sec. 153513. Distribution of assets on dissolution or final liquidation
(a) Allowable Recipients.--On dissolution or final
liquidation of the corporation, any assets remaining after the
discharge of all liabilities shall be distributed, as decided
by the board of trustees, to--
(1) the United States Government, to be administered
by the Secretary of the Interior under the Act of
August 25, 1916 [(16 U.S.C. 1 et seq.), known as the
National Park Service Organic Act))] (16 U.S.C. 1 et
seq.) (known as the National Park Service Organic Act);
or
* * *
Sec. 220104. Governing body
(a) Board of Governors.--
* * *
(2) The board shall be elected by the members of the
corporation for the term and in the classes provided in the
bylaws of the corporation. The board includes--
* * *
(B) the Secretary of [State] Defense or the
Secretary's designee; and
* * *
CHAPTER 2205--UNITED STATES OLYMPIC COMMITTEE
SUBCHAPTER I--CORPORATION
Sec.
* * *
220501. [Definitions.] Short title and definitions.
* * *
Sec. 220501. [Title and Definitions] Short title and definitions
(a) [Title] Short Title.--This chapter may be cited as the
``Ted Stevens Olympic and Amateur Sports Act''.
* * *
Sec. 220505. Powers
* * *
(b) General Corporate Powers.--The corporation may--
* * *
(9) sue and be sued, except that any civil action
brought in a State court against the corporation and
solely relating to the corporation's responsibilities
under [this Act] this chapter shall be removed, at the
request of the corporation, to the district court of
the United States in the district in which the action
was brought, and such district court shall have
original jurisdiction over the action without regard to
the amount in controversy or citizenship of the parties
involved, and except that neither this paragraph nor
any other provision of this chapter shall create a
private right of action under this chapter; and
* * *
Sec. 220506. Exclusive right to name, seals, emblems, and badges
* * *
(d) Pre-Existing and Geographic Reference Rights.--
* * *
(3) Use of the word ``Olympic'' to identify a business or
goods or services is permitted by this section where--
(A) such use is not combined with any of the
intellectual properties referenced in [subsections]
subsection (a) or (c) of this section;
* * *
Sec. 220509. Resolution of disputes
* * *
(b) Ombudsman.--
(1) The corporation shall hire and provide salary,
benefits, and administrative expenses for an ombudsman
for athletes, who shall--
(A) provide independent advice to athletes at
no cost about the applicable provisions of this
chapter and the constitution and bylaws of the
corporation, national governing bodies, [a]
paralympic sports organizations, international
sports federations, the International Olympic
Committee, the International Paralympic
Committee, and the Pan-American Sports
Organization, and with respect to the
resolution of any dispute involving the
opportunity of an amateur athlete to
participate in the Olympic Games, the
Paralympic Games, the Pan-American Games, world
championship competition or other protected
competition as defined in the constitution and
bylaws of the corporation;
* * *
Sec. 220511. [Annual report] Report
* * *
Sec. 220512. Complete teams
In obtaining representation for the United States in each
competition and event of the Olympic Games, Paralympic Games,
and Pan-American Games, the corporation, either directly or by
delegation to the appropriate national governing body or
paralympic sports organization, may select, but is not
obligated to select (even if not selecting will result in an
incomplete team for an event), athletes who have not met the
eligibility standard of the national governing body and the
[Corporation] corporation, when the number of athletes who have
met the eligibility standards of such entities is insufficient
to fill the roster for an event.
* * *
Sec. 220521. Recognition of amateur sports organizations as national
governing bodies
(a) General Authority.--For any sport which is included on
the program of the Olympic Games, the Paralympic Games, or the
Pan-American Games, the corporation is authorized to recognize
as a national governing body (in the case of a sport on the
program of the Olympic Games or Pan-American Games) or as a
paralympic sports organization (in the case of a sport on the
program of the Paralympic Games for which a national governing
body has not been designated under section 220522(b)) an
amateur sports organization which files an application and is
eligible for such recognition in accordance with the provisions
of [subsections] subsection (a) or (b) of section 220522. The
corporation may recognize only one national governing body for
each sport for which an application is made and approved,
except as provided in section 220522(b) with respect to a
paralympic sports organization.
* * *
deg.
Changes in Existing Law Made by Section 6 of the Bill (Technical
Corrections to Title 40, United States Code)
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
* * *
Sec. 522. Reimbursement for transfer of excess property
(a) In General.--Subject to subsections (b) and (c) [of
this section], the Administrator of General Services, with the
approval of the Director of the Office of Management and
Budget, shall prescribe the amount of reimbursement required
for a transfer of excess property.
(b) Reimbursement [At] at Fair Value.--The amount of
reimbursement required for a transfer of excess property is the
fair value of the property, as determined by the Administrator,
if--
* * *
Sec. 552. Abandoned or unclaimed property on Government premises
[(a) Authority To Take PropertyAdministrator] (a) Authority
To Take Property.--The Administrator of General Services may
take possession of abandoned or unclaimed property on premises
owned or leased by the Federal Government and determine when
title to the property vests in the Government. The
Administrator may use, transfer, or otherwise dispose of the
property.
* * *
Sec. 554. Property for development or operation of a port facility
* * *
(c) Authority for Conveyance by the Secretary of
[Transportation.] Transportation.--
* * *
Sec. 581. General authority of Administrator of General Services
* * *
(b) Personnel and Equipment.--[The Administrator may] The
Administrator of General Services may--
* * *
Sec. 593. Protection for veterans preference employees
* * *
(b) In General.--Except as provided in subsection (c),
amounts made [available to the Administration] 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.
* * *
Sec. 611. Duty to report violations
During the regular course of the duties of the
Administrator of General Services, if the Administrator becomes
aware of a violation of section 1343, 1344, or 1349(b) of title
31 or of section 641 of title 18 involving the conversion by a
Federal Government official or employee of a Government-owned
or leased motor vehicle to the official or employee's own use
or to the use of others, the Administrator shall report the
violation to the head of the agency in which the official or
employee is employed, for further investigation and either
appropriate disciplinary action under section 1343, 1344, or
1349(b) of title 31 or, if appropriate, referral to the
Attorney General for prosecution under section 641 of title 18.
* * *
Sec. 3131. Bonds of contractors of public buildings or works
* * *
(e) Authority [to] To Require Additional Bonds.--This
section does not limit the authority of a contracting officer
to require a performance bond or other security in addition to
those, or in cases other than the cases, specified in
subsection (b).
* * *
Sec. 3133. Rights of persons furnishing labor or material
* * *
(b) Right [to] To Bring a Civil Action.--
* * *
[(c) A waiver] (c) Waiver of Right to Civil Action.--A
waiver of the right to bring a civil action on a payment bond
required under this subchapter is void unless the waiver is--
* * *
Sec. 3141. Definitions
In this subchapter, the following definitions apply:
(1) Federal government.--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] 1494) (known as the Davis-Bacon
Act).
* * *
Sec. 3142. Rate of wages for laborers and mechanics
* * *
(d) Discharge of Obligation.--The obligation of a
contractor or subcontractor to make payment in accordance with
the prevailing wage determinations of the Secretary of Labor,
under this subchapter and other laws incorporating this
subchapter by reference, may be discharged by making payments
in cash, by making contributions described in section
3141(2)(B)(i) of this title, by assuming an enforceable
commitment to bear the costs of a plan or program referred to
in section 3141(2)(B)(ii) of this title, or by any combination
of payment, contribution, and assumption, where the aggregate
of the payments, contributions, and costs is not less than the
basic hourly rate of pay plus the amount referred to in section
3141(2)(B) of this title.
(e) Overtime Pay.--In determining the overtime pay to which
a laborer or mechanic is entitled under any federal law, the
regular or basic hourly rate of pay (or other alternative rate
on which premium rate of overtime compensation is computed) of
the laborer or mechanic is deemed to be the rate computed under
section 3141(2)(A) of this title, except that where the amount
of payments, contributions, or costs incurred with respect to
the laborer or mechanic exceeds the applicable prevailing wage,
the regular or basic hourly rate of pay (or other alternative
rate) is the amount of payments, contributions, or costs
actually incurred with respect to the laborer or mechanic minus
the greater of the amount of contributions or costs of the
types described in section 3141(2)(B) of this title actually
incurred with respect to the laborer or mechanic or the amount
determined under section 3141(2)(B) of this title but not
actually paid.
* * *
Sec. 3701. Definition and application
* * *
(b) Application.--
* * *
(3) Exceptions.--
* * *
(B) Section [3902] 3702.--Section [3902] 3702
of this title does not apply to work where the
assistance described in [subsection (a)(2)(C)]
paragraph (1)(B)(iii) from the Government or an
agency or instrumentality is only a loan
guarantee or insurance.
Sec. 3702. Work hours
* * *
(d) Amounts Withheld [to] To Satisfy Liabilities.--Subject
to section 3703 of this title, the governmental agency for
which the contract work is done or which is providing financial
assistance for the work may withhold, or have withheld, from
money payable because of work performed by a contractor or
subcontractor, amounts administratively determined to be
necessary to satisfy the liabilities of the contractor or
subcontractor for unpaid wages and liquidated damages as
provided in this section.
* * *
Sec. 3704. Health and safety standards in building trades and
construction industry
(a) Condition of Contracts.--
(1) In general.--Each contract in an amount greater
than $100,000 that is entered into under legislation
subject to Reorganization Plan Numbered 14 of 1950
(eff. May 24, 1950, 64 Stat. 1267) and is for
construction, alteration, and repair, including
painting and decorating, must provide that no
contractor or subcontractor contracting for any part of
the contract work shall require any laborer or mechanic
employed in the performance of the contract to work in
surroundings or under working conditions that are
unsanitary, hazardous, or dangerous to health or
safety, as established under construction safety and
health standards the Secretary of Labor prescribes by
regulation based on proceedings pursuant to section 553
of title 5, provided that the proceedings include a
hearing similar in nature to that authorized by section
553 of title 5.
(2) Consultation.--In formulating standards under
this section, the Secretary shall consult with the
Advisory Committee created by subsection (d) [of this
section].
* * *
Sec. 6111. Supreme Court Building
* * *
(b) Availability of Appropriations.[.]--Amounts
appropriated under--
* * *
CHAPTER 65--THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
Sec.
[6581] 6501. Definition.
* * *
CHAPTER 67--PENNSYLVANIA AVENUE DEVELOPMENT
SUBCHAPTER I--TRANSFER AND [ASSIGMENT] ASSIGNMENT OF RIGHTS,
AUTHORITIES, TITLE, AND INTERESTS
Sec.
6701. Transfer of rights and authorities of Pennsylvania Avenue
Development Corporation.
* * *
SUBCHAPTER I--TRANSFER AND [ASSIGMENT] ASSIGNMENT OF RIGHTS,
AUTHORITIES, TITLE, AND INTERESTS
* * *
Sec. 8104. Regulation of private and semipublic buildings adjacent to
public buildings and grounds
* * *
(b) Submission of Application to Commission of Fine Arts.--
The Mayor of the District of Columbia shall submit to the
[Commission on Fine Arts] Commission of Fine Arts an
application for a permit to erect or alter any building, a part
of which fronts or abuts on the grounds of the Capitol, the
grounds of the White House, the part of Pennsylvania Avenue
extending from the Capitol to the White House, Lafayette Park,
Rock Creek Park, the Zoological Park, the Rock Creek and
Potomac Parkway, Potomac Park, or The Mall Park System and
public buildings adjacent to the System, or abuts on any street
bordering any of those grounds or parks, so far as the plans
relate to height and appearance, color, and texture of the
materials of exterior construction.
* * *
Sec. 8105. Approval by Administrator of General Services
Subject to applicable provisions of existing law relating
to the functions in the District of Columbia of the National
Capital Planning Commission and the Commission of Fine Arts,
only the Administrator of General Services is required to
approve sketches, plans, and estimates for buildings to be
constructed by the Administrator, except that the Administrator
and the United States Postal Service must approve buildings
designed for [post-office] post office purposes.
* * *
Sec. 8501. National Capital Service Area
* * *
(b) Applicability of Other Provisions.--
(1) Provisions covering buildings and grounds in area
not affected.--Except to the extent specifically
provided by this section, this section does not--
(A) apply to the United States Capitol
Buildings and Grounds as defined and described
in sections 5101 and 5102 of this title, any
other buildings and grounds under the care of
the Architect of the Capitol, the Supreme Court
Building and grounds as described in section
6101 of this title, and the Library of Congress
buildings and grounds as defined in section 11
of the Act of August 4, 1950 (2 U.S.C. 167j);
and
* * *
Sec. 8502. National Capital Service Director
(a) Establishment and Compensation.--There is in the
Executive Office of the President the National Capital Service
Director who shall be appointed by the President. The Director
shall receive compensation at the maximum rate established for
level IV of the Executive Schedule under section [5314] 5315 of
title 5.
* * *
(c) Duties.--
* * *
(2) Director.--Except with respect to that part of
the National Capital Service Area comprising the United
States Capitol Buildings and Grounds as defined and
described in sections 5101 and 5102 of this title, the
Supreme Court Building and grounds as described in
section 6101 of this title, and the Library of Congress
buildings and grounds as defined in section 11 of the
Act of August 4, 1950 (2 U.S.C. 167j), the Director
shall ensure that there is provided in the remainder of
the area described in section 8501(a) of this title
adequate police protection and maintenance of streets
and highways.
* * *
Sec. 8711. National Capital Planning Commission
(a) Establishment and Purpose.--The National Capital
Planning Commission is the central federal planning agency for
the Federal Government in the National Capital, created to
preserve the important historical and natural features of the
National Capital, except for the United States Capitol
Buildings and Grounds (as defined and described in sections
5101 and 5102 of this title), any extension of, or additions
to, those Buildings and Grounds, and buildings and grounds
under the care of the Architect of the Capitol.
* * *
Sec. 8712. Mayor of the District of Columbia
(a) Planning Responsibilities.--The Mayor of the District
of Columbia is the central planning agency for the government
of the District of Columbia in the National Capital and is
responsible for coordinating the planning activities of the
District government and for preparing and implementing the
District elements of the comprehensive plan for the National
Capital, which may include land use elements, urban renewal and
redevelopment elements, a multiyear program of public works for
the District, and physical, social, economic, transportation,
and population elements. The Mayor's planning responsibility
shall not extend to--
* * *
(2) the United States Capitol Buildings and Grounds
as defined and described in sections 5101 and 5102 of
this title, any extension of, or additions to, those
Buildings and Grounds, and buildings and grounds under
the care of the Architect of the Capitol.
* * *
Sec. 8722. Proposed federal and district developments and projects
* * *
(d) Approval of Federal Public Buildings.--The provisions
of the Act of June 20, 1938 (ch. 534, [52 Stat. 802] 52 Stat.
797) shall not apply to federal public buildings. In order to
ensure the orderly development of the National Capital, the
location, height, bulk, number of stories, and size of federal
public buildings in the District of Columbia and the provision
for open space in and around federal public buildings in the
District of Columbia [is subject] are subject to the approval
of the Commission.
* * *
Sec. 9302. Consent of Theodore Roosevelt Association required for
development
* * *
(b) Development Inconsistent [with] With Plan.--As long as
the Association remains in existence, development inconsistent
with the general plan may not be carried out without the
Association's consent.
* * *
Sec. 14308. Information
* * *
(b) Authorizations.--
* * *
(2) Furnish information.--The head of any federal,
state, or local department or agency, to the extent not
otherwise prohibited by law, may carry out [section
(a)(2)] subsection (a)(2).
* * *
Sec. 17504. Agency statements with respect to motor vehicle use
* * *
(b) Compliance [with] With Requirements.--The head of each
executive agency shall comply with the requirements prescribed
under section 17503(b) of this title in preparing each
statement required under subsection (a).