datamatters24/research-document-archive huggingface dataset:
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•H 2068 IH
(b) REFERENCES.—A reference to a law replaced by section 1, 2, or 3
of this Act, including a reference in a regulation, order, or other law, is
deemed to refer to the corresponding provision enacted by this Act.
(c) CONTINUING EFFECT.—An order, rule, or regulation in effect under
a law replaced by section 1, 2, or 3 of this Act continues in effect under
the corresponding provision enacted by this Act until repealed, amended, or
superseded.
(d) ACTIONS AND OFFENSES UNDER PRIOR LAW.—An action taken or
an offense committed under a law replaced by section 1, 2, or 3 of this Act
is deemed to have been taken or committed under the corresponding provi-
sion enacted by this Act.
(e) INFERENCES.—An inference of a legislative construction is not to be
drawn by reason of the location in the United States Code of a provision
enacted by this Act or by reason of a caption or catch line of the provision.
(f) SEVERABILITY.—If a provision enacted by this Act is held invalid, all
valid provisions that are severable from the invalid provision remain in ef-
fect. If a provision enacted by this Act is held invalid in any of its applica-
tions, the provision remains valid for all valid applications that are severable
from any of the invalid applications.
SEC. 7. REPEALS.
(a) INFERENCES OF REPEAL.—The repeal of a law by this Act may not
be construed as a legislative inference that the provision was or was not in
effect before its repeal.
(b) REPEALER SCHEDULE.—The laws specified in the following schedule
are repealed, except for rights and duties that matured, penalties that were
incurred, and proceedings that were begun before the date of enactment of
this Act:
Schedule of Laws Repealed
Statutes at Large
Date
Chapter or
Public Law
Section
Statutes at Large
U.S. Code
(title 40 un-
less otherwise
specified)
Vol-
ume
Page
1822
May 7
96 ...............
3 .............................................................
692 ...............
307
1874
Feb. 4
22 ...............
................................................................
14 .................
Mar. 7
50 ...............
(proviso) .................................................
20 .................
1876
July 31
246 .............
(proviso (related to report) in 1st par.
on p. 115).
115 ...............
1877
Mar. 3
105 .............
(proviso (related to report) in 16th par.
on p. 359).
359 ...............
106 .............
(words after 2d semicolon in 3d par.
under heading ‘‘Miscellaneous’’).
370 ...............
IIB
107TH CONGRESS
2D SESSION
H. R. 2068
IN THE SENATE OF THE UNITED STATES
JUNE 12, 2002
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To revise, codify, and enact without substantive change cer-
tain general and permanent laws, related to public build-
ings, property, and works, as title 40, United States
Code, ‘‘Public Buildings, Property, and Works’’.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
HR 2068 RFS
but the agency carrying out the program shall, to the maximum extent
practicable, consistent with the purposes of the program and the effec-
tive, efficient conduct of agency business, coordinate its operations with
the requirements of this subtitle and with policies and regulations pre-
scribed under this subtitle;
(3) an executive agency named in chapter 137 of title 10, and the
head of the agency, with respect to the administration of that chapter;
(4) the Secretary of Defense with respect to property required for
or located in occupied territories;
(5) the Secretary of Defense with respect to the administration of
section 2535 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army, Navy,
and Air Force with respect to the administration of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings Act,
1926 (22 U.S.C. 292 et seq.);
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.);
(B) the Farmers Home Administration Act of 1946 (ch. 964,
60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),
with respect to the exportation and domestic consumption of agri-
cultural products;
(D) section 201 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1291); or
(E) section 203(j) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(j));
(9) an official or entity under the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.), with respect to the acquisition or disposal of
property;
(10) the Secretary of Housing and Urban Development or the Fed-
eral Deposit Insurance Corporation (or an officer of the Corporation)
with respect to the disposal of—
(A) residential property; or
(B) other property—
(i) acquired or held as part of, or in connection with, resi-
dential property; or
(ii) held in connection with the insurance of mortgages,
loans, or savings association accounts under the National
HR 2068 RFS
Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonpersonal
services, with respect to section 501(c) of this title, and with respect
to property acquired in connection with a program of processing, man-
ufacture, production, or force account construction, but the Authority
shall, to the maximum extent it considers practicable, consistent with
the purposes of its program and the effective, efficient conduct of its
business, coordinate its operations with the requirements of this sub-
title and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce
with respect to the disposal of airport property and airway property (as
those terms are defined in section 47301 of title 49) for use as such
property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition,
procurement, operation, maintenance, preservation, sale, lease, charter,
construction, reconstruction, or reconditioning (including outfitting and
equipping incidental to construction, reconstruction, or reconditioning)
of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware-
house, or other installation necessary or appropriate for carrying out
a program of the Administration authorized by law or nonadministra-
tive activities incidental to a program of the Administration authorized
by law, but the Administration shall, to the maximum extent it con-
siders practicable, consistent with the purposes of its programs and the
effective, efficient conduct of its activities, coordinate its operations
with the requirements of this subtitle and with policies and regulations
prescribed under this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other
law;
(18) the Secretary of the Interior with respect to procurement for
program operations under the Bonneville Project Act of 1937 (16
U.S.C. 832 et seq.); or
(19) the Secretary of State with respect to the furnishing of facilities
in foreign countries and reception centers within the United States.
HR 2068 RFS
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§ 121. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre-
scribe policies and directives that the President considers necessary to carry
out this subtitle. The policies must be consistent with this subtitle.
(b) ACCOUNTING PRINCIPLES AND STANDARDS.—
(1) PRESCRIPTION.—The Comptroller General, after considering the
needs and requirements of executive agencies, shall prescribe principles
and standards of accounting for property.
(2) PROPERTY
ACCOUNTING
SYSTEMS.—The Comptroller General
shall cooperate with the Administrator of General Services and with ex-
ecutive agencies in the development of property accounting systems and
approve the systems when they are adequate and in conformity with
prescribed principles and standards.
(3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen-
eral shall examine the property accounting systems established by exec-
utive agencies to determine the extent of compliance with prescribed
principles and standards and approved systems. The Comptroller Gen-
eral shall report to Congress any failure to comply with the principles
and standards or to adequately account for property.
(c) REGULATIONS BY ADMINISTRATOR.—
(1) GENERAL AUTHORITY.—The Administrator may prescribe regu-
lations to carry out this subtitle.
(2) REQUIRED
REGULATIONS
AND
ORDERS.—The Administrator
shall prescribe regulations that the Administrator considers necessary
to carry out the Administrator’s functions under this subtitle and the
head of each executive agency shall issue orders and directives that the
agency head considers necessary to carry out the regulations.
(d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Admin-
istrator may delegate authority conferred on the Administrator by this
subtitle to an official in the General Services Administration or to the
head of another federal agency. The Administrator may authorize suc-
cessive redelegation of authority conferred by this subtitle.
(2) EXCEPTIONS.—The Administrator may not delegate—
(A) the authority to prescribe regulations on matters of policy
applying to executive agencies;
(B) the authority to transfer functions and related allocated
amounts from one component of the Administration to another
under paragraphs (1)(C) and (2)(A) of subsection (e); or
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(C) other authority for which delegation is prohibited by this
subtitle.
(3) RETENTION AND USE OF RENTAL PAYMENTS.—A department or
agency to which the Administrator has delegated authority to operate,
maintain or repair a building or facility under this subsection shall re-
tain the portion of the rental payment that the Administrator deter-
mines is available to operate, maintain or repair the building or facility.
The department or agency shall directly expend the retained amounts
to operate, maintain, or repair the building or facility. Any amounts
retained under this paragraph shall remain available until expended for
these purposes.
(e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—
(1) IN GENERAL.—The Administrator may provide for the perform-
ance of a function assigned under this subtitle by any of the following
methods:
(A) The Administrator may direct the Administration to per-
form the function.
(B) The Administrator may designate or establish a component
of the Administration and direct the component to perform the
function.
(C) The Administrator may transfer the function from one com-
ponent of the Administration to another.
(D) The Administrator may direct an executive agency to per-
form the function for itself, with the consent of the agency or by
direction of the President.
(E) The Administrator may direct one executive agency to per-
form the function for another executive agency, with the consent
of the agencies concerned or by direction of the President.
(F) The Administrator may provide for performance of a func-
tion by a combination of the methods described in this paragraph.
(2) TRANSFER OF RESOURCES.—
(A) WITHIN ADMINISTRATION.—If the Administrator transfers
a function from one component of the Administration to another,
the Administrator may also provide for the transfer of appropriate
allocated amounts from the component that previously carried out
the function to the component being directed to carry out the
function. A transfer under this subparagraph must be reported to
the Director of the Office of Management and Budget.
(B) BETWEEN
AGENCIES.—If the Administrator transfers a
function from one executive agency to another (including a trans-
fer to or from the Administration), the Administrator may also
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(2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST
OF PRODUCER OR VENDOR.—If the Administrator determines that con-
ducting the tests predominantly serves the interest of the producer or
vendor, the Administrator shall fix the fee in an amount that will re-
cover the costs of conducting the tests, including all components of the
costs, determined in accordance with accepted accounting principles.
(3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE IN-
TEREST OF PRODUCER OR VENDOR.—If the Administrator determines
that conducting the tests does not predominantly serve the interest of
the producer or vendor, the Administrator shall fix the fee in an
amount the Administrator determines is reasonable for furnishing the
testing service.
SUBCHAPTER III—FUNDS
§ 321. General Supply Fund
(a) EXISTENCE.—The General Supply Fund is a special fund in the
Treasury.
(b) COMPOSITION.—
(1) IN GENERAL.—The Fund is composed of amounts appropriated
to the Fund and the value, as determined by the Administrator of Gen-
eral Services, of personal property transferred from executive agencies
to the Administrator under section 501(d) of this title to the extent
that payment is not made or credit allowed for the property.
(2) OTHER CREDITS.—
(A) IN GENERAL.—The Fund shall be credited with all reim-
bursements, advances, and refunds or recoveries relating to per-
sonal property or services procured through the Fund, including—
(i) the net proceeds of disposal of surplus personal prop-
erty; and
(ii) receipts from carriers and others for loss of, or damage
to, personal property.
(B) REAPPROPRIATION.—Amounts credited under this para-
graph are reappropriated for the purposes of the Fund.
(3) DEPOSIT OF FEES.—Fees collected by the Administrator under
section 313 of this title may be deposited in the Fund to be used for
the purposes of the Fund.
(c) USES.—
(1) IN GENERAL.—The Fund is available for use by or under the di-
rection and control of the Administrator for—
(A) procuring, for the use of federal agencies in the proper dis-
charge of their responsibilities—
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(i) personal property (including the purchase from or
through the Public Printer, for warehouse issue, of standard
forms, blankbook work, standard specifications, and other
printed material in common use by federal agencies and not
available through the Superintendent of Documents); and
(ii) nonpersonal services;
(B) paying the purchase price, cost of transportation of personal
property and services, and cost of personal services employed di-
rectly in the repair, rehabilitation, and conversion of personal
property; and
(C) paying other direct costs of, and indirect costs that are rea-
sonably related to, contracting, procurement, inspection, storage,
management, distribution, and accountability of property and non-
personal services provided by the General Services Administration
or by special order through the Administration.
(2) OTHER USES.—The Fund may be used for the procurement of
personal property and nonpersonal services authorized to be acquired
by—
(A) mixed-ownership Government corporations;
(B) the municipal government of the District of Columbia; or
(C) a requisitioning non-federal agency when the function of a
federal agency authorized to procure for it is transferred to the
Administration.
(d) PAYMENT FOR PROPERTY AND SERVICES.—
(1) IN GENERAL.—For property or services procured through the
Fund for requisitioning agencies, the agencies shall pay prices the Ad-
ministrator fixes under this subsection.
(2) PRICES FIXED BY ADMINISTRATOR.—The Administrator shall fix
prices at levels sufficient to recover—
(A) so far as practicable—
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services employed directly in the
repair, rehabilitation, and conversion of personal property;
and
(v) the cost of amortization and repair of equipment used
for lease or rent to executive agencies; and
(B) properly allocable costs payable by the Fund under sub-
section (c)(1)(C).
(3) TIMING OF PAYMENTS.—
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distribution, through donation, of property transferred under this sec-
tion.
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’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.
(B) SPECIAL RULE.—In determining whether the property is to
be transferred for donation under this section, no distinction may
be made between property capitalized in a working-capital fund es-
tablished under section 2208 of title 10 (or similar fund) and any
other property.
(3) NO COST.—Transfer of property under this section is without
cost, except for any costs of care and handling.
(c) ALLOCATION AND TRANSFER OF PROPERTY.—
(1) IN GENERAL.—The Administrator shall allocate and transfer
property under this section in accordance with criteria that are based
on need and use and that are established after consultation with state
agencies to the extent feasible. The Administrator shall give fair con-
sideration, consistent with the established criteria, to an expression of
need and interest from a public agency or other eligible institution
within a State. The Administrator shall give special consideration to an
eligible recipient’s request, transmitted through the state agency, for a
specific item of property.
(2) ALLOCATION AMONG STATES.—The Administrator shall allocate
property among the States on a fair and equitable basis, taking into
account the condition of the property as well as the original acquisition
cost of the property.
(3) RECIPIENTS AND PURPOSES.—The Administrator shall transfer
to a state agency property the state agency selects for distribution
through donation within the State—
(A) to a public agency for use in carrying out or promoting, for
residents of a given political area, a public purpose, including con-
servation, economic development, education, parks and recreation,
public health, and public safety; or
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(C) the Secretary of the Interior, for property transferred under
subsection (e) for public park or recreation area use;
(D) the Secretary of Housing and Urban Development, for
property transferred under subsection (f) to provide housing or
housing assistance for low-income individuals or families; and
(E) the Secretary of the Interior, for property transferred under
subsection (h) for use as a historic monument for the benefit of
the public.
(c) PROPERTY
FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL
USE.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Education for disposal surplus real property,
including buildings, fixtures, and equipment situated on the property,
that the Secretary recommends as needed for school, classroom, or
other educational use.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Education of a proposed transfer, the Secretary, for school, classroom,
or other educational use, may sell or lease property assigned to the Sec-
retary under paragraph (1) to a State, a political subdivision or instru-
mentality of a State, a tax-supported educational institution, or a non-
profit educational institution that has been held exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of Education shall take
into consideration any benefit which has accrued or may accrue to the
Government from the use of the property by the State, political subdivi-
sion or instrumentality, or institution.
(d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN-
CLUDING RESEARCH.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Health and Human Services for disposal sur-
plus real property, including buildings, fixtures, and equipment situated
on the property, that the Secretary recommends as needed for use in
the protection of public health, including research.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Health and Human Services of a proposed transfer, the Secretary, for
119
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town or city where the building is to be constructed, and in selecting the
site in the town or city for the building.
(d) SOLICITATION OF PROPOSALS FOR SALE, DONATION, OR EXCHANGE
OF REAL PROPERTY.—When the Administrator is to acquire a site under
subsection (b), the Administrator, if the Administrator considers it nec-
essary, by public advertisement may solicit proposals for the sale, donation,
or exchange of real property to the Federal Government to be used as the
site. In selecting a site under subsection (b) the Administrator (with the
concurrence of the United States Postal Service if any part of the public
building to be constructed on the site is to be used for post office purposes)
may—
(1) select the site that the Administrator believes is the most advan-
tageous to the Government, all factors considered; and
(2) acquire the site without regard to title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
§ 3305. Construction and alteration of buildings
(a) CONSTRUCTION.—
(1) REPLACEMENT OF EXISTING BUILDINGS.—When the Adminis-
trator of General Services considers it to be in the best interest of the
Federal Government to construct a new public building to take the
place of an existing public building, the Administrator may demolish
the existing building and use the site on which it is located for the site
of the proposed public building. If the Administrator believes that it
is more advantageous to construct the public building on a different
site in the same city, the Administrator may exchange the building and
site, or the site, for another site, or may sell the building and site in
accordance with subtitle I of this title and title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(2) SALE OR EXCHANGE OF SITES.—When the Administrator decides
that a site acquired for the construction of a public building is not suit-
able for that purpose, the Administrator may exchange the site for an-
other site, or may sell it in accordance with subtitle I of this title and
title III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.).
(3) COMMITTEE APPROVAL REQUIRED.—This subsection does not
permit the Administrator to use any land as a site for a public building
if the project has not been approved in accordance with section 3307
of this title.
(b) ALTERATION OF BUILDINGS.—
(1) AUTHORITY TO ALTER BUILDINGS AND ACQUIRE LAND.—The
Administrator may—