20 U.S.C. § 3479: Use of facilities

Summary

The Secretary can use, with the owner’s permission, the research, equipment, services, or facilities of any U.S., state, local, or foreign government agency. The Secretary may do this with or without payment. The Secretary can also allow public or private groups to use real property or facilities under Department control for Department purposes. Uses must serve the public interest and generally may not last more than five years. The Secretary may make users repair and maintain what they use at their own cost. This does not apply to “excess property” as defined in section 102(3) of title 40. Money received can be credited to the same appropriation or used to refund excess sums. Any property interest acquired must be in the name of the United States Government.

Title 20, §3479

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(a)Federal, State, local and foreign government facilities

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)Public and private permittees

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)Appropriation credits and refunds

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)Interests in real property

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