and procedures, and representation before federal and state regulatory
bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.
§ 102. Definitions
The following definitions apply in chapters 1 through 7 of this title and
in title III of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.):
(1) CARE AND HANDLING.—The term ‘‘care and handling’’ includes—
(A) completing, repairing, converting, rehabilitating, operating,
preserving, protecting, insuring, packing, storing, handling, con-
serving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dan-
gerous to public health or safety.
(2) CONTRACTOR
INVENTORY.—The term ‘‘contractor inventory’’
means—
(A) property, in excess of amounts needed to complete full per-
formance, 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 termi-
nation 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.—The term ‘‘excess property’’ means property
under the control of a federal agency that the head of the agency deter-
mines is not required to meet the agency’s needs or responsibilities.
(4) EXECUTIVE AGENCY.—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.—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 Ar-
chitect of the Capitol).
(6) FOREIGN EXCESS PROPERTY.—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.—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 investiga-
tive, law enforcement, or intelligence duties, if the head of the agen-
cy determines that exclusive control of the vehicle is essential for ef-
fective performance of duties.
(8) NONPERSONAL SERVICES.—The term ‘‘nonpersonal services’’ means
contractual services designated by the Administrator of General Services,
other than personal and professional services.
(9) PROPERTY.—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 deter-
mines 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 Sec-
retary, 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 substantially
changed in character by improvements or otherwise;
(B) naval vessels that are battleships, cruisers, aircraft carriers,
destroyers, or submarines; and
(C) records of the Government.
(10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means excess
property that the Administrator determines is not required to meet the
needs or responsibilities of all federal agencies.
SUBCHAPTER II—SCOPE
§ 111. Application to Federal Property and Administrative
Services Act of 1949
In the following provisions, the words ‘‘this subtitle’’ are deemed to refer
also to title III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.):
(1) Section 101 of this title.
(2) Section 112(a) of this title.
(3) Section 113 of this title.
(4) Section 121(a) of this title.
(5) Section 121(c)(1) of this title.
(6) Section 121(c)(2) of this title.
(7) Section 121(d)(1) and (2) of this title.
(8) Section 121(e)(1) of this title.
(9) Section 121(f) of this title.
(10) Section 121(g) of this title.
(11) Section 122(a) of this title.
(12) Section 123(a) of this title.
(13) Section 123(c) of this title.
(14) Section 124 of this title.
(15) Section 126 of this title.
(16) Section 311(c) of this title.
(17) Section 313(a) of this title.
(18) Section 528 of this title.
(19) Section 541 of this title.
(20) Section 549(e)(3)(H)(i)(II) of this title.
(21) Section 557 of this title.
(22) Section 558(a) of this title.
(23) Section 559(f) of this title.
(24) Section 571(b) of this title.
(25) Section 572(a)(2)(A) of this title.
(26) Section 572(b)(4) of this title.
§ 112. Applicability of certain policies, procedures, and direc-
tives in effect on July 1, 1949
(a) IN GENERAL.—A policy, procedure, or directive described in subsection
(b) remains in effect until superseded or amended under this subtitle or other
appropriate authority.
(b) DESCRIPTION.—A policy, procedure, or directive referred to in sub-
section (a) is one that was in effect on July 1, 1949, and that was prescribed
by—
(1) the Director of the Bureau of Federal Supply or the Secretary of
the Treasury and that related to a function transferred to or vested in
the Administrator of General Services on June 30, 1949, by the Federal
Property and Administrative Services Act of 1949;
(2) an officer of the Federal Government under authority of the Sur-
plus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority re-
lated to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent agen-
cy of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body whose
functions were transferred on June 30, 1949, by title I of the Federal
Property and Administrative Services Act of 1949.
§ 113. Limitations
(a) IN GENERAL.—Except as otherwise provided in this section, the author-
ity conferred by this subtitle is in addition to any other authority conferred
by law and is not subject to any inconsistent provision of law.
(b) LIMITATION REGARDING
THE OFFICE
OF FEDERAL PROCUREMENT
POLICY ACT.—The authority conferred by this subtitle is subject to the Office
of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND
AGENCIES.—Sections 121(b) and 506(c) of this title do not apply to a Gov-
ernment corporation or agency that is subject to chapter 91 of title 31.
(d) LIMITATION REGARDING CONGRESS.—This subtitle does not apply to
the Senate or the House of Representatives (including the Architect of the
Capitol and any building, activity, or function under the direction of the Ar-
chitect). However, services and facilities authorized by this subtitle shall, as
far as practicable, be made available to the Senate, the House of Representa-
tives, and the Architect of the Capitol on their request. If payment would be
required for providing a similar service or facility to an executive agency,
payment shall be made by the recipient, on presentation of proper vouchers,
in advance or by reimbursement (as may be agreed upon by the Adminis-
trator of General Services and the officer or body making the request). The
payment may be credited to the applicable appropriation of the executive
agency receiving the payment.
(e) OTHER LIMITATIONS.—Nothing in this subtitle impairs or affects the
authority of—
(1) the President under the Philippine Property Act of 1946 (22
U.S.C. 1381 et seq.);
(2) an executive agency, with respect to any program conducted for
purposes of resale, price support, grants to farmers, stabilization, trans-
fer to foreign governments, or foreign aid, relief, or rehabilitation, but
the agency carrying out the program shall, to the maximum extent prac-
ticable, consistent with the purposes of the program and the effective, effi-
cient conduct of agency business, coordinate its operations with the re-
quirements of this subtitle and with policies and regulations prescribed
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 sec-
tion 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 agricultural
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 Federal
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
Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit In-
surance Act (12 U.S.C. 1811 et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonpersonal serv-
ices, with respect to section 501(c) of this title, and with respect to prop-
erty acquired in connection with a program of processing, manufacture,
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 subtitle 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 prop-
erty;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition, pro-
curement, operation, maintenance, preservation, sale, lease, charter, con-
struction, 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 nonadministrative
activities incidental to a program of the Administration authorized by
law, but the Administration shall, to the maximum extent it considers
practicable, consistent with the purposes of its programs and the effec-
tive, 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 pro-
gram 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.
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 executive
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 execu-
tive agencies to determine the extent of compliance with prescribed prin-
ciples and standards and approved systems. The Comptroller General
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 regula-
tions 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 Adminis-
trator 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 succes-
sive redelegation of authority conferred by this subtitle.
(2) EXCEPTIONS.—The Administrator may not delegate—
(A) the authority to prescribe regulations on matters of policy ap-
plying 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
(C) other authority for which delegation is prohibited by this sub-
title.
(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 determines
is available to operate, maintain or repair the building or facility. The
department or agency shall directly expend the retained amounts to oper-
ate, 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 perform
the function.
(B) The Administrator may designate or establish a component
of the Administration and direct the component to perform the func-
tion.
(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 di-
rection 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 allo-
cated 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 func-
tion from one executive agency to another (including a transfer to
or from the Administration), the Administrator may also provide
for the transfer of appropriate personnel, records, property, and al-
located amounts from the executive agency that previously carried
out the function to the executive agency being directed to carry out
the function. A transfer under this subparagraph is subject to ap-
proval by the Director.
(f) ADVISORY COMMITTEES.—The Administrator may establish advisory
committees to provide advice on any function of the Administrator under this
subtitle. Members of the advisory committees shall serve without compensation
but are entitled to transportation and not more than $25 a day instead of
expenses under section 5703 of title 5.
(g) CONSULTATION WITH FEDERAL AGENCIES.—The Administrator shall
advise and consult with interested federal agencies and seek their advice and
assistance to accomplish the purposes of this subtitle.
(h) ADMINISTERING OATHS.—In carrying out investigative duties, an offi-
cer or employee of the Administration, if authorized by the Administrator,
may administer an oath to an individual.
§ 122. Prohibition on sex discrimination
(a) PROHIBITION.—With respect to a program or activity carried on or re-
ceiving federal assistance under this subtitle, an individual may not be ex-
cluded from participation, denied benefits, or otherwise discriminated against
based on sex.
(b) ENFORCEMENT.—Subsection (a) shall be enforced through agency provi-
sions and rules similar to those already established with respect to racial and
other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C.
2000d et seq.). However, this remedy is not exclusive and does not prejudice
or remove any other legal remedies available to an individual alleging dis-
crimination.
§ 123. Civil remedies for fraud
(a) IN GENERAL.—In connection with the procurement, transfer or disposi-
tion of property under this subtitle, a person that uses or causes to be used,
or enters into an agreement, combination, or conspiracy to use or cause to
be used, a fraudulent trick, scheme, or device for the purpose of obtaining or
aiding to obtain, for any person, money, property, or other benefit from the
Federal Government—
(1) shall pay to the Government an amount equal to the sum of—
(A) $2,000 for each act;
(B) two times the amount of damages sustained by the Govern-
ment because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government, as liq-
uidated damages, an amount equal to two times the consideration that
the Government agreed to give to the person, or that the person agreed
to give to the Government; or
(3) if the Government elects, shall restore to the Government the money
or property fraudulently obtained, with the Government retaining as liq-
uidated damages, the money, property, or other consideration given to
the Government.
(b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil remedies
provided in this section are in addition to all other civil remedies and crimi-
nal penalties provided by law.
(c) IMMUNITY OF GOVERNMENT OFFICIALS.—An officer or employee of the
Government is not liable (except for an individual’s own fraud) or account-
able for collection of a purchase price that is determined to be uncollectible
by the federal agency responsible for property if the property is transferred
or disposed of in accordance with this subtitle and with regulations prescribed
under this subtitle.
(d) JURISDICTION AND VENUE.—
(1) DEFINITION.—In this subsection, 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 ac-
tion arising under this section, and venue is proper, if at least one de-
fendant resides or may be found in the court’s judicial district. Jurisdic-
tion and venue are determined without regard to the place where acts
were committed.
(3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A defend-
ant that does not reside and may not be found in the court’s judicial
district may be brought in by order of the court, to be served personally,
by publication, or in another reasonable manner directed by the court.
§ 124. Agency use of amounts for property management
Amounts appropriated, allocated, or available to a federal agency for pur-
poses similar to the purposes in section 121 of this title or subchapter I (ex-
cept section 506), II, or III of chapter 5 of this title may be used by the agen-
cy for the disposition of property under this subtitle, and for the care and
handling of property pending the disposition, if the Director of the Office of
Management and Budget authorizes the use.
§ 125. Library memberships
Amounts appropriated may be used, when authorized by the Administrator
of General Services, for payment in advance for library memberships in soci-
eties whose publications are available to members only, or to members at a
lower price than that charged to the general public.
§ 126. Reports to Congress
The Administrator of General Services, at times the Administrator con-
siders desirable, shall submit a report to Congress on the administration of
this subtitle. The report shall include any recommendation for amendment of
this subtitle that the Administrator considers appropriate and shall identify
any law that is obsolete because of the enactment or operation of this subtitle.
(b) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC BUILD-
INGS.—The functions of the Administrator of General Services include func-
tions related to the Federal Works Agency and functions related to the Com-
missioner of Public Buildings that, immediately before July 1, 1949, were
functions of—
(1) the Federal Works Agency;
(2) the Federal Works Administrator; or
(3) the Commissioner of Public Buildings.
§ 304. Federal information centers
The Administrator of General Services may establish within the General
Services Administration a nationwide network of federal information centers
for the purpose of providing the public with information about the programs
and procedures of the Federal Government and for other appropriate and re-
lated purposes.
SUBCHAPTER II—ADMINISTRATIVE
§ 311. Personnel
(a) APPOINTMENT
AND COMPENSATION.—The Administrator of General
Services, subject to chapters 33 and 51 and subchapter III of chapter 53 of
title 5, may appoint and fix the compensation of personnel necessary to carry
out chapters 1, 3, and 5 of this title and title III of the Federal Property
and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(b) TEMPORARY EMPLOYMENT.—The Administrator may procure the tem-
porary or intermittent services of experts or consultants under section 3109
of title 5 to the extent the Administrator finds necessary to carry out chapters
1, 3, and 5 of this title and title III of the Federal Property and Administra-
tive Services Act of 1949 (41 U.S.C. 251 et seq.).
(c) PERSONNEL FROM OTHER AGENCIES.—Notwithstanding section 973 of
title 10 or any other law, in carrying out functions under this subtitle the
Administrator may use the services of personnel (including armed services
personnel) from an executive agency other than the General Services Adminis-
tration with the consent of the head of the agency.
(d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.—The Ad-
ministrator, in the Administrator’s discretion, may detail field personnel of
the Administration to the District of Columbia for temporary duty for a pe-
riod of not more than 30 days in any one case. Subsistence or similar ex-
penses may not be allowed for an employee on temporary duty in the District
of Columbia under this paragraph.
§ 312. Transfer and use of amounts for major equipment ac-
quisitions
(a) IN GENERAL.—Subject to subsection (b), unobligated balances of
amounts appropriated or otherwise made available to the General Services
Administration for operating expenses and salaries and expenses may be
transferred and merged into the ‘‘Major equipment acquisitions and develop-
ment activity’’ of the Salaries and Expenses, General Management and Ad-
ministration appropriation account for—
(1) agency-wide acquisition of capital equipment, automated data
processing systems; and
(2) financial management and management information systems need-
ed to implement the Chief Financial Officers Act of 1990 (Public Law
101–576, 104 Stat. 2838) and other laws or regulations.
(b) REQUIREMENTS AND AVAILABILITY.—
(1) TIME FOR TRANSFER.—Transfer of an amount under this section
must be done no later than the end of the fifth fiscal year after the fiscal
year for which the amount is appropriated or otherwise made available.
(2) APPROVAL FOR USE.—An amount transferred under this section
may be used only with the advance approval of the Committees on Ap-
propriations of the House of Representatives and the Senate.
(3) AVAILABILITY.—An amount transferred under this section remains
available until expended.
§ 313. Tests of materials
(a) SCOPE.—This section applies to any article or commodity tendered by
a producer or vendor for sale or lease to the General Services Administration
or to any procurement authority acting under the direction and control of
the Administrator of General Services pursuant to this subtitle.
(b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the Adminis-
trator’s discretion and with the consent of the producer or vendor, may have
tests conducted, in a manner the Administrator specifies, to—
(1) determine whether an article or commodity conforms to prescribed
specifications and standards; or
(2) aid in the development of specifications and standards.
(c) FEES.—
(1) IN GENERAL.—The Administrator shall charge the producer or
vendor a fee for the tests.
(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 ven-
dor, the Administrator shall fix the fee in an amount that will recover
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 INTER-
EST OF PRODUCER OR VENDOR.—If the Administrator determines that
conducting the tests does not predominantly serve the interest of the pro-
ducer 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 Treas-
ury.
(b) COMPOSITION.—
(1) IN GENERAL.—The Fund is composed of amounts appropriated to
the Fund and the value, as determined by the Administrator of General
Services, of personal property transferred from executive agencies to the
Administrator under section 501(d) of this title to the extent that pay-
ment is not made or credit allowed for the property.
(2) OTHER CREDITS.—
(A) IN GENERAL.—The Fund shall be credited with all reimburse-
ments, advances, and refunds or recoveries relating to personal
property or services procured through the Fund, including—
(i) the net proceeds of disposal of surplus personal property;
and
(ii) receipts from carriers and others for loss of, or damage
to, personal property.
(B) REAPPROPRIATION.—Amounts credited under this paragraph
are reappropriated for the purposes of the Fund.
(3) DEPOSIT OF FEES.—Fees collected by the Administrator under sec-
tion 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 direc-
tion and control of the Administrator for—
(A) procuring, for the use of federal agencies in the proper dis-
charge of their responsibilities—
(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 prop-
erty; 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 per-
sonal 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 Ad-
ministration.
(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 Adminis-
trator 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 re-
pair, 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 subsection
(c)(1)(C).
(3) TIMING OF PAYMENTS.—
(A) PAYMENT IN ADVANCE.—A requisitioning agency shall pay in
advance when the Administrator determines that there is insuffi-
cient capital otherwise available in the Fund. Payment in advance
may also be made under an agreement between a requisitioning
agency and the Administrator.
(B) PROMPT REIMBURSEMENT.—If payment is not made in ad-
vance, the Administration shall be reimbursed promptly out of
amounts of the requisitioning agency in accordance with accounting
procedures approved by the Comptroller General.
(C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Adminis-
trator may obtain reimbursement by the issuance of transfer and
counterwarrants, or other lawful transfer documents, supported by
itemized invoices, if payment is not made by a requisitioning agen-
cy within 45 days after the later of—
(i) the date of billing by the Administrator; or
(ii) the date on which actual liability for personal property
or services is incurred by the Administrator.
(e) REIMBURSEMENT FOR EQUIPMENT PURCHASED FOR CONGRESS.—The
Administrator may accept periodic reimbursement from the Senate and from
the House of Representatives for the cost of any equipment purchased for the
Senate or the House of Representatives with money from the Fund. The
amount of each periodic reimbursement shall be computed by amortizing the
total cost of each item of equipment over the useful life of the equipment, as
determined by the Administrator, in consultation with the Sergeant at Arms
and Doorkeeper of the Senate or the Chief Administrative Officer of the House
of Representatives, as appropriate.
(f) TREATMENT OF SURPLUS.—
(1) SURPLUS DEPOSITED IN TREASURY.—As of September 30 of each
year, any surplus in the Fund above the amounts transferred or appro-
priated to establish and maintain the Fund (all assets, liabilities, and
prior losses considered) shall be deposited in the Treasury as miscella-
neous receipts.
(2) SURPLUS RETAINED.—From any surplus generated by operation
of the Fund, the Administrator may retain amounts necessary to main-
tain a sufficient level of inventory of personal property to meet the needs
of the federal agencies.
(g) AUDITS.—The Comptroller General shall audit the Fund in accordance
with the provisions of chapter 35 of title 31 and report the results of the au-
dits.
§ 322. Information Technology Fund
(a) EXISTENCE.—There is an Information Technology Fund in the Treas-
ury.
(b) COST AND CAPITAL REQUIREMENTS.—
(1) IN GENERAL.—The Administrator of General Services shall deter-
mine the cost and capital requirements of the Fund for each fiscal year.
The cost and capital requirements may include amounts—
(A) needed to purchase (if the Administrator has determined that
purchase is the least costly alternative) information processing and
transmission equipment, software, systems, and operating facilities
necessary to provide services;
(B) resulting from operations of the Fund, including the net pro-
ceeds from the disposal of excess or surplus personal property and
receipts from carriers and others for loss or damage to property;
and
(C) that are appropriated, authorized to be transferred, or other-
wise made available to the Fund.
(2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDGET.—
The Administrator shall submit plans concerning the cost and capital re-
quirements determined under this section, and other information as may
be requested, for review and approval by the Director of the Office of
Management and Budget. Plans submitted under this section fulfill the
requirements of sections 1512 and 1513 of title 31.
(3) ADJUSTMENTS.—Any change to the cost and capital requirements
of the Fund for a fiscal year shall be made in the same manner as the
initial fiscal year determination.
(c) USE.—
(1) IN GENERAL.—The Fund is available for expenses, including per-
sonal services and other costs, and for procurement (by lease, purchase,
transfer, or otherwise) to efficiently provide information technology re-
sources to federal agencies and to efficiently manage, coordinate, operate,
and use those resources.
(2) SPECIFICALLY
INCLUDED
ITEMS.—Information technology re-
sources provided under this section include information processing and
transmission equipment, software, systems, operating facilities, supplies,
and related services including maintenance and repair.
(3) CANCELLATION COSTS.—Any cancellation costs incurred for a con-
tract entered into under subsection (e) shall be paid from money cur-
rently available in the Fund.
(4) NO FISCAL YEAR LIMITATION.—The Fund is available without fis-
cal year limitation.
(d) CHARGES TO AGENCIES.—If the Director approves plans submitted by
the Administrator under subsection (b), the Administrator shall establish
rates, consistent with the approval, to be charged to agencies for information
technology resources provided through the Fund.
(e) CONTRACT AUTHORITY.—
(1) IN GENERAL.—In operating the Fund, the Administrator may
enter into multiyear contracts, not longer than 5 years, to provide infor-
mation technology hardware, software, or services if—
(A) amounts are available and adequate to pay the costs of the
contract for the first fiscal year and any costs of cancellation or ter-
mination;
(B) the contract is awarded on a fully competitive basis; and
(C) the Administrator determines that—
(i) the need for the information technology hardware, soft-
ware, or services being provided will continue over the period
of the contract;
(ii) the use of the multiyear contract will yield substantial
cost savings when compared with other methods of providing
the necessary resources; and
(iii) the method of contracting will not exclude small busi-
ness participation.
(2) EFFECT ON OTHER LAW.—This subsection does not limit the au-
thority of the Administrator to procure equipment and services under
sections 501–505 of this title.
(f) TRANSFER OF UNCOMMITTED BALANCE.—After the close of each fiscal
year, any uncommitted balance remaining in the Fund, after making provi-
sion for anticipated operating needs as determined by the Office of Manage-
ment and Budget, shall be transferred to the Treasury as miscellaneous re-
ceipts.
(g) ANNUAL REPORT.—The Administrator shall report annually to the Di-
rector on the operation of the Fund. The report must address the inventory,
use, and acquisition of information processing equipment and identify any
proposed increases to the capital of the Fund.
§ 323. Consumer Information Center Fund
(a) EXISTENCE.—There is in the Treasury a Consumer Information Center
Fund, General Services Administration, for the purpose of disseminating Fed-
eral Government consumer information to the public and for other related
purposes.
(b) DEPOSITS.—Money shall be deposited into the Fund from—
(1) appropriations from the Treasury for Consumer Information Cen-
ter activities;
(2) user fees from the public;
(3) reimbursements from other federal agencies for costs of distributing
publications; and
(4) any other income incident to Center activities.
(c) EXPENDITURES.—Money deposited into the Fund is available for ex-
penditure for Center activities in amounts specified in appropriation laws.
The Fund shall assume all liabilities, obligations, and commitments of the
Center account.
(d) UNOBLIGATED BALANCES.—Any unobligated balances at the end of a
fiscal year remain in the Fund and are available for authorization in appro-
priation laws for subsequent fiscal years.
(e) GIFT ACCOUNT.—The Center may accept and deposit to this account
gifts for purposes of defraying the costs of printing, publishing, and distrib-
uting consumer information and educational materials and undertaking other
consumer information activities. In addition to amounts appropriated or oth-
erwise made available, the Center may expend the gifts for these purposes and
any balance remains available for expenditure.
CHAPTER 5—PROPERTY MANAGEMENT
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
Sec.
501.
Services for executive agencies.
502.
Services for other entities.
503.
Exchange or sale of similar items.
504.
Agency cooperation for inspection.
505.
Exchange or transfer of medical supplies.
506.
Inventory controls and systems.
SUBCHAPTER II—USE OF PROPERTY
521.
Policies and methods.
522.
Reimbursement for transfer of excess property.
523.
Excess real property located on Indian reservations.
524.
Duties of executive agencies.
525.
Excess personal property for federal agency grantees.
526.
Temporary assignment of excess real property.
527.
Abandonment, destruction, or donation of property.
528.
Utilization of excess furniture.
529.
Annual executive agency reports on excess personal property.
SUBCHAPTER III—DISPOSING OF PROPERTY
541.
Supervision and direction.
542.
Care and handling.
543.
Method of disposition.
544.
Validity of transfer instruments.
545.
Procedure for disposal.
546.
Contractor inventories.
547.
Agricultural commodities, foods, and cotton or woolen goods.
548.
Surplus vessels.
549.
Donation of personal property through state agencies.
550.
Disposal of real property for certain purposes.
551.
Donations to American Red Cross.
552.
Abandoned or unclaimed property on Government premises.
553.
Property for correctional facility, law enforcement, and emergency management response
purposes.
554.
Property for development or operation of a port facility.
555.
Donation of law enforcement canines to handlers.
556.
Disposal of dredge vessels.
557.
Donation of books to Free Public Library.
558.
Donation of forfeited vessels.
559.
Advice of Attorney General with respect to antitrust law.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
571.
General rules for deposit and use of proceeds.
572.
Real property.
573.
Personal property.
574.
Other rules regarding proceeds.
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES
581.
General authority of Administrator of General Services.
582.
Management of buildings by Administrator of General Services.
583.
Construction of buildings.
584.
Assignment and reassignment of space.
585.
Lease agreements.
586.
Charges for space and services.
587.
Telecommuting and other alternative workplace arrangements.
588.
Movement and supply of office furniture.
589.
Installation, repair, and replacement of sidewalks.
590.
Child care.
591.
Purchase of electricity.
592.
Federal Buildings Fund.
593.
Protection for veterans preference employees.
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
601.
Purposes.
602.
Authority to establish motor vehicle pools and transportation systems.
603.
Process for establishing motor vehicle pools and transportation systems.
604.
Treatment of assets taken over to establish motor vehicle pools and transportation systems.
605.
Payment of costs.
606.
Regulations related to operation.
607.
Records.
608.
Scrip, tokens, tickets.
609.
Identification of vehicles.
610.
Discontinuance of motor vehicle pool or system.
611.
Duty to report violations.
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
§ 501. Services for executive agencies
(a) AUTHORITY OF ADMINISTRATOR OF GENERAL SERVICES.—
(1) IN GENERAL.—The Administrator of General Services shall take
action under this subchapter for an executive agency—
(A) to the extent that the Administrator of General Services deter-
mines that the action is advantageous to the Federal Government
in terms of economy, efficiency, or service; and
(B) with due regard to the program activities of the agency.
(2) EXEMPTION FOR DEFENSE.—The Secretary of Defense may exempt
the Department of Defense from an action taken by the Administrator
of General Services under this subchapter, unless the President directs
otherwise, whenever the Secretary determines that an exemption is in the
best interests of national security.
(b) PROCUREMENT AND SUPPLY.—
(1) FUNCTIONS.—
(A) IN GENERAL.—The Administrator of General Services shall
procure and supply personal property and nonpersonal services for
executive agencies to use in the proper discharge of their responsibil-
ities, and perform functions related to procurement and supply in-
cluding contracting, inspection, storage, issue, property identifica-
tion and classification, transportation and traffic management,
management of public utility services, and repairing and con-
verting.
(B) PUBLIC UTILITY CONTRACTS.—A contract for public utility
services may be made for a period of not more than 10 years.
(2) POLICIES AND METHODS.—
(A) IN GENERAL.—The Administrator of General Services shall
prescribe policies and methods for executive agencies regarding the
procurement and supply of personal property and nonpersonal serv-
ices and related functions.