§3479 — Title 20 Education | U.S. Code

Summary

The Secretary may, with permission, use research, equipment, services, and facilities from any U.S., state, local, or foreign government, either free or for payment. The Secretary can also let public or private groups use Department land, buildings, or other improvements for up to five years when it is in the public interest. Permittees may have to repair and keep the property at their own cost to a standard the Secretary approves. The rule does not cover "excess property" (40 U.S.C. §102(3)). Payments received can be returned to the fund that paid for the items or used to refund extra amounts, and any property interest acquired must be in the name of the United States Government.

Title 20, §3479

Education — Source: USLM XML via OLRC

(a)With their consent, the Secretary may, with or without reimbursement, use the research, equipment, services, and facilities of any agency or instrumentality of the United States, of any State or political subdivision thereof, or of any foreign government, in carrying out any function of the Secretary or the Department.

(b)The Secretary is authorized to permit public and private agencies, corporations, associations, organizations, or individuals to use any real property, or any facilities, structures, or other improvements thereon, under the custody and control of the Secretary for Department purposes. The Secretary shall permit the use of such property, facilities, structures, or improvements under such terms and rates and for such period as may be in the public interest, except that the periods of such uses may not exceed five years. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements used by such permittees to a standard satisfactory to the Secretary. This subsection shall not apply to excess property as defined in section 102(3) of title 40.

(c)Proceeds from reimbursements under this section may be credited to the appropriation of funds that bear or will bear all or part of the cost of such equipment or facilities provided or to refund excess sums when necessary.

(d)Any interest in real property acquired pursuant to this chapter shall be acquired in the name of the United States Government.

Notes & Related Subsidiaries

Editorial Notes

Codification “section 102(3) of title 40” substituted in subsec. (b) for “section 3(e) of the Federal Property and Administrative Services Act of 1949” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.

Amendments

1985—Subsec. (a). Pub. L. 99–145 struck out par. (1) designation and par. (2) which provided for treatment of personnel, upon

Transfer of Functions

and personnel from the Secretary of Defense to the Secretary of Education, as employees of the Department of Defense for the purpose of access to services and facilities provided by the Department of Defense.

§3479 Use of facilities