(1) IN GENERAL.—The Administrator of General Services shall impose
a charge for furnishing space and services.
(2) RATES.—The Administrator shall, from time to time, determine
the rates to be charged for furnishing space and services and shall pre-
scribe regulations providing for the rates. The rates shall approximate
commercial charges for comparable space and services. However, for a
building for which the Administrator is responsible for alterations only
(as the term ‘‘alter’’ is defined in section 3301(a) of this title), the rates
shall be fixed to recover only the approximate cost incurred in providing
alterations.
(3) EXEMPTIONS.—The Administrator may exempt anyone from the
charges required by this subsection when the Administrator determines
that charges would be infeasible or impractical. To the extent an exemp-
tion is granted, appropriations to the General Services Administration
are authorized to reimburse the Federal Buildings Fund for any loss of
revenue.
(c) CHARGES BY EXECUTIVE AGENCIES.—
(1) IN GENERAL.—An executive agency, other than the Administra-
tion, may impose a charge for furnishing space and services at rates ap-
proved by the Administrator.
(2) CREDITING AMOUNTS RECEIVED.—An amount an executive agency
receives under this subsection shall be credited to the appropriation or
fund initially charged for providing the space or service. However,
amounts in excess of actual operating and maintenance costs shall be
credited to miscellaneous receipts unless otherwise provided by law.
(d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent pay-
ments to the Administration for lease space relating to expansion needs of the
agency. Payment rates shall approximate commercial charges for comparable
space as provided in subsection (b). Payments shall be deposited into the Fed-
eral Buildings Fund. The Administration may use amounts received under
this subsection, in addition to amounts received as New Obligational Author-
ity, in the Rental of Space activity of the Fund.
§ 587. Telecommuting and other alternative workplace ar-
rangements
(a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’ means
flexiplace work telecommuting centers.
(b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF GEN-
ERAL SERVICES.—
(1) ESTABLISHMENT.—The Administrator of General Services may ac-
quire space for, establish, and equip telecommuting centers for use in ac-
cordance with this subsection.
(2) USE.—A telecommuting center may be used by employees of fed-
eral agencies, state and local governments, and the private sector. The
Administrator shall give federal employees priority in using a telecom-
muting center. The Administrator may make a telecommuting center
available for use by others to the extent it is not fully utilized by federal
employees.
(3) USER FEES.—The Administrator shall charge a user fee for the use
of a telecommuting center. The amount of the user fee shall approximate
commercial charges for comparable space and services. However, the user
fee may not be less than necessary to pay the cost of establishing and
operating the telecommuting center, including the reasonable cost of ren-
ovation and replacement of furniture, fixtures, and equipment.
(4) DEPOSIT AND USE OF FEES.—The Administrator may—
(A) deposit user fees into the Federal Buildings Fund and use the
fees to pay costs incurred in establishing and operating the telecom-
muting center; and
(B) accept and retain income received by the General Services
Administration, from federal agencies and non-federal sources, to
defray costs directly associated with the functions of telecommuting
centers.
(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY EX-
ECUTIVE AGENCIES AND OTHERS.—
(1) DEFINITION.—In this subsection, the term ‘‘alternative workplace
arrangements’’ includes telecommuting, hoteling, virtual offices, and
other distributive work arrangements.
(2) CONSIDERATION BY EXECUTIVE AGENCIES.—In considering wheth-
er to acquire space, quarters, buildings, or other facilities for use by em-
ployees, the head of an executive agency shall consider whether needs can
be met using alternative workplace arrangements.
(3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro-
vide guidance, assistance, and oversight to any person regarding the es-
tablishment and operation of alternative workplace arrangements.
(d) AMOUNTS AVAILABLE FOR FLEXIPLACE WORK TELECOMMUTING PRO-
GRAMS.—
(1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele-
commuting program’’ means a program under which employees of a de-
partment or agency set out in paragraph (2) are permitted to perform
all or a portion of their duties at a telecommuting center established
under this section or other federal law.
(2) MINIMUM FUNDING.—For each of the following departments and
agencies, in each fiscal year at least $50,000 of amounts made available
for salaries and expenses is available only for carrying out a flexiplace
work telecommuting program:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Housing and Urban Development.
(H) Department of the Interior.
(I) Department of Justice.
(J) Department of Labor.
(K) Department of State.
(L) Department of Transportation.
(M) Department of the Treasury.
(N) Department of Veterans Affairs.
(O) Environmental Protection Agency.
(P) General Services Administration.
(Q) Office of Personnel Management.
(R) Small Business Administration.
(S) Social Security Administration.
(T) United States Postal Service.
§ 588. Movement and supply of office furniture
(a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a sub-
stantial and identifiable segment of space (such as a building, floor, or wing)
in a location that the Administrator of General Services controls for purposes
of assignment of space.
(b) APPLICATION.—This section applies if an agency (or unit of the agen-
cy), moves from one controlled space to another, whether in the same or a
different location.
(c) MOVING EXISTING FURNITURE.—The furniture and furnishings used by
an agency (or organizational unit of the agency) shall be moved only if the
Administrator determines, after consultation with the head of the agency and
with due regard for the program activities of the agency, that it would not
be more economical and efficient to make suitable replacements available in
the new controlled space.
(d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter-
mination under subsection (c), suitable furniture and furnishings for the new
controlled space shall be provided from stocks under the control of the moving
agency or from stocks available to the Administrator, whichever the Adminis-
trator determines to be more economical and efficient. However, the same or
similar items may not be provided from both sources.
(e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and furnishings
for a new controlled space are provided from stocks available to the Adminis-
trator, the items being provided remain in the control of the Administrator.
(f) CONTROL OF FURNITURE NOT MOVED.—
(1) IN GENERAL.—If furniture and furnishings for a new controlled
space are provided from stocks available to the Administrator, the fur-
niture and furnishings that were previously used by the moving agency
(or unit of the agency) pass to the control of the Administrator.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—Furniture and furnishings passing to the con-
trol of the Administrator under this section pass without reimburse-
ment.
(B) EXCEPTION FOR TRUST FUND.—If furniture and furnishings
that were purchased from a trust fund pass to the control of the Ad-
ministrator under this section, the Administrator shall reimburse
the trust fund for the fair market value of the furniture and fur-
nishings.
(3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur-
nishings are carried as assets of a revolving or working capital fund at
the time they pass to the control of the Administrator under this section,
the net book value of the furniture and furnishings shall be written off
and the capital of the fund is diminished by the amount of the write-
off.
§ 589. Installation, repair, and replacement of sidewalks
(a) IN GENERAL.—An executive agency may install, repair, and replace
sidewalks around buildings, installations, property, or grounds that are—
(1) under the agency’s control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or a ter-
ritory or possession of the United States.
(b) REIMBURSEMENT.—Subsection (a) may be carried out by—
(1) reimbursement to a State or political subdivision of a State, the
District of Columbia, Puerto Rico, or a territory or possession of the
United States; or
(2) a means other than reimbursement.
(c) REGULATIONS.—Subsection (a) shall be carried out in accordance with
regulations the Administrator of General Services prescribes with the ap-
proval of the Director of the Office of Management and Budget.
(d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for
installation, repair, and maintenance, generally, are available to carry out
this section.
(e) LIABILITY.—This section does not increase or enlarge the tort liability
of the Government for injuries to individuals or damages to property.
§ 590. Child care
(a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General Serv-
ices Administration’s licensing agreements, the Administrator of General
Services shall provide guidance, assistance, and oversight to federal agencies
for the development of child care centers to provide economical and effective
child care for federal workers.
(b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—
(1) DEFINITIONS.—In this subsection, the following definitions apply:
(A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’
means an individual or entity that provides or proposes to provide
child care services for federal employees.
(B) ALLOTMENT OFFICER.—The term ‘‘allotment officer’’ means
an officer or agency of the Federal Government charged with the al-
lotment of space in federal buildings.
(2) ALLOTMENT.—A child care provider may be allotted space in a
federal building by an allotment officer if—
(A) the child care provider applies to the allotment officer in the
community or district in which child care services are to be pro-
vided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care services to
children of whom at least 50 percent have one parent or guard-
ian employed by the Government; and
(ii) the child care provider will give priority to federal em-
ployees for available child care services in the space.
(c) PAYMENT FOR SPACE AND SERVICES.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘services’’
includes the providing of lighting, heating, cooling, electricity, office fur-
niture, office machines and equipment, classroom furnishings and equip-
ment, kitchen appliances, playground equipment, telephone service (in-
cluding installation of lines and equipment and other expenses associated
with telephone services), and security systems (including installation and
other expenses associated with security systems), including replacement
equipment, as needed.
(2) NO CHARGE.—Space allotted under subsection (b) may be provided
without charge for rent or services.
(3) REIMBURSEMENT FOR COSTS.—For space allotted under subsection
(b), if there is an agreement for the payment of costs associated with pro-
viding space or services, neither title 31, nor any other law, prohibits
or restricts payment by reimbursement to the miscellaneous receipts or
other appropriate account of the Treasury.
(d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility
in its space, or is a sponsoring agency for a child care facility in other federal
or leased space, the agency or the Administration may—
(1) pay accreditation fees, including renewal fees, for the child care
facility to be accredited by a nationally recognized early-childhood pro-
fessional organization;
(2) pay travel and per diem expenses for representatives of the child
care facility to attend the annual Administration child care conference;
and
(3) enter into a consortium with one or more private entities under
which the private entities assist in defraying costs associated with the
salaries and benefits for personnel providing services at the facility.
(e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding section
1345 of title 31, an agency, department, or instrumentality of the Government
that provides or proposes to provide child care services for federal employees
may reimburse a federal employee or any individual employed to provide
child care services for travel, transportation, and subsistence expenses in-
curred for training classes, conferences, or other meetings in connection with
providing the services. A per diem allowance made under this subsection may
not exceed the rate specified in regulations prescribed under section 5707 of
title 5.
(f) CRIMINAL HISTORY BACKGROUND CHECKS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive facility’’
means a facility owned or leased by an office or entity within the execu-
tive branch of the Government. The term includes a facility owned or
leased by the General Services Administration on behalf of an office or
entity within the judicial branch of the Government.
(2) IN GENERAL.—All workers in a child care center located in an ex-
ecutive facility shall undergo a criminal history background check as de-
fined in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041).
(3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This sub-
section does not apply to a facility owned by or leased on behalf of an
office or entity within the legislative branch of the Government.
(g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘Executive
agency’’ has the meaning given that term in section 105 of title 5, but
does not include the General Accounting Office.
(2) IN GENERAL.—In accordance with regulations the Office of Per-
sonnel Management prescribes, an Executive agency that provides or pro-
poses to provide child care services for federal employees may use appro-
priated amounts that are otherwise available for salaries and expenses
to provide child care in a federal or leased facility, or through contract,
for civilian employees of the agency.
(3) AFFORDABILITY.—Amounts used pursuant to paragraph (2) shall
be applied to improve the affordability of child care for lower income fed-
eral employees using or seeking to use the child care services.
(4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts
may be paid in advance to licensed or regulated child care providers for
services to be rendered during an agreed period.
(5) NOTIFICATION.—No amounts made available by law may be used
to implement this subsection without advance notice to the Committees
on Appropriations of the House of Representatives and the Senate.
§ 591. Purchase of electricity
(a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agency,
or instrumentality of the Federal Government may not use amounts appro-
priated or made available by any law to purchase electricity in a manner
inconsistent with state law governing the provision of electric utility service,
including—
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under
state statute, state regulation, or state-approved territorial agreements.
(b) EXCEPTIONS.—
(1) ENERGY SAVINGS.—This section does not preclude the head of a
federal agency from entering into a contract under section 801 of the Na-
tional Energy Conservation Policy Act (42 U.S.C. 8287).
(2) ENERGY
SAVINGS
FOR
MILITARY
INSTALLATIONS.—This section
does not preclude the Secretary of a military department from—
(A) entering into a contract under section 2394 of title 10; or
(B) purchasing electricity from any provider if the Secretary
finds that the utility having the applicable state-approved franchise
(or other service authorization) is unwilling or unable to meet un-
usual standards of service reliability that are necessary for purposes
of national defense.
§ 592. Federal Buildings Fund
(a) EXISTENCE.—There is in the Treasury a fund known as the Federal
Buildings Fund.
(b) DEPOSITS.—
(1) IN GENERAL.—The following revenues and collections shall be de-
posited into the Fund:
(A) User charges under section 586(b) of this title, payable in ad-
vance or otherwise.
(B) Proceeds from the lease of federal building sites or additions
under section 581(d) of this title.
(C) Receipts from carriers and others for loss of, or damage to,
property belonging to the Fund.
(2) REIMBURSEMENTS FOR SPECIAL SERVICES.—This subchapter does
not preclude the Administrator of General Services from providing spe-
cial services, not included in the standard level user charge, on a reim-
bursable basis. The reimbursements may be credited to the Fund.
(3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumulation
of excessive surpluses in the Fund, in any fiscal year an amount speci-
fied in an appropriation law may be transferred out of the Fund and
deposited as miscellaneous receipts in the Treasury.
(c) USES.—
(1) IN GENERAL.—Deposits in the Fund are available for real prop-
erty management and related activities in the amounts specified in an-
nual appropriation laws without regard to fiscal year limitations.
(2) SALARIES AND EXPENSES RELATED TO CONSTRUCTION PROJECTS
OR PLANNING PROGRAMS.—Deposits in the Fund that are available pur-
suant to annual appropriation laws may be transferred and consolidated
on the books of the Treasury into a special account in accordance with,
and for the purposes specified in, section 3176 of this title.
(3) REPAYMENT OF GENERAL SERVICES ADMINISTRATION BORROWING
FROM FEDERAL FINANCING BANK.—The Administrator, in accordance
with rules and procedures that the Office of Management and Budget
and the Secretary of the Treasury establish, may transfer from the Fund
an amount necessary to repay the principal amount of a General Serv-
ices Administration borrowing from the Federal Financing Bank, if the
borrowing is a legal obligation of the Fund.
(4) BUILDINGS
DEEMED
FEDERALLY
OWNED.—For purposes of
amounts authorized to be expended from the Fund, the following are
deemed to be federally owned buildings:
(A) A building constructed pursuant to the purchase contract au-
thority of section 5 of the Public Buildings Amendments of 1972
(Public Law 92–313, 86 Stat. 219).
(B) A building occupied pursuant to an installment purchase
contract.
(C) A building under the control of a department or agency, if
alterations of the building are required in connection with moving
the department or agency from a former building that is, or will
be, under the control of the Administration.
(d) ENERGY MANAGEMENT PROGRAMS.—
(1) RECEIVING CASH INCENTIVES.—The Administrator may receive
amounts from rebates or other cash incentives related to energy savings
and shall deposit the amounts in the Fund for use as provided in para-
graph (4).
(2) RECEIVING GOODS OR SERVICES.—The Administrator may accept,
from a utility, goods or services that enhance the energy efficiency of fed-
eral facilities.
(3) ASSIGNMENT OF ENERGY REBATES.—In the administration of real
property that the Administrator leases and for which the Administrator
pays utility costs, the Administrator may assign all or a portion of en-
ergy rebates to the lessor to underwrite the costs incurred in undertaking
energy efficiency improvements in the real property if the payback pe-
riod for the improvement is at least 2 years less than the remainder of
the term of the lease.
(4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVEMENT
PROGRAMS.—In addition to amounts appropriated for energy manage-
ment improvement programs and without regard to subsection (c)(1), the
Administrator may obligate for those programs—
(A) amounts received and deposited in the Fund under para-
graph (1);
(B) goods and services received under paragraph (2); and
(C) amounts the Administrator determines are not needed for
other authorized projects and that are otherwise available to imple-
ment energy efficiency programs.
(e) RECYCLING PROGRAMS.—
(1) RECEIVING AMOUNTS.—The Administrator may receive amounts
from the sale of recycled materials and shall deposit the amounts in the
Fund for use as provided in paragraph (2).
(2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition to
amounts appropriated for such purposes and without regard to sub-
section (c)(1), the Administrator may obligate amounts received and de-
posited in the Fund under paragraph (1) for programs which—
(A) promote further source reduction and recycling programs;
and
(B) encourage employees to participate in recycling programs by
providing financing for child care.
(f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND RE-
CYCLING PROGRAMS.—The Fund may receive, in the form of rebates, cash in-
centives or otherwise, any revenues, collections, or other income related to en-
ergy savings or recycling efforts. Amounts received under this subsection re-
main in the Fund until expended and remain available for federal energy
management improvement programs, recycling programs, or employee pro-
grams that are authorized by law or that the Administrator considers appro-
priate. The Administration may use amounts received under this subsection,
in addition to amounts received as New Obligational Authority, in activities
of the Fund as necessary.
§ 593. Protection for veterans preference employees
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) COVERED
SERVICES.—The term ‘‘covered services’’ means any
guard, elevator operator, messenger, or custodial services.
(2) SHELTERED WORKSHOP.—The term ‘‘sheltered workshop’’ means a
sheltered workshop employing the severely handicapped under the Javits-
Wagner-O’Day Act (41 U.S.C. 46 et seq.).
(b) IN GENERAL.—Except as provided in subsection (c), amounts made
available to the Administration pursuant to section 592 of this title may not
be obligated or expended to procure covered services by contract if an em-
ployee who was a permanent veterans preference employee of the Administra-
tion on November 19, 1995, would be terminated as a result.
(c) EXCEPTION.—Amounts made available to the Administration pursuant
to section 592 of this title may be obligated and expended to procure covered
services by contract with a sheltered workshop or, if sheltered workshops de-
cline to contract for the provision of covered services, by competitive contract
for a period of no longer than 5 years. When a competitive contract expires,
or is terminated for any reason, the Administration shall again offer to pro-
cure the covered services by contract with a sheltered workshop before pro-
curing the covered services by competitive contract.
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND
TRANSPORTATION SYSTEMS
§ 601. Purposes
In order to provide an economical and efficient system for transportation
of Federal Government personnel and property consistent with section 101 of
this title, the purposes of this subchapter are—
(1) to establish procedures to ensure safe operation of motor vehicles
on Government business;
(2) to provide for proper identification of Government motor vehicles;
(3) to establish an effective means to limit the use of Government
motor vehicles to official purposes;
(4) to reduce the number of Government-owned vehicles to the min-
imum necessary to transact public business; and
(5) to provide wherever practicable for centrally operated interagency
pools or systems for local transportation of Government personnel and
property.
§ 602. Authority to establish motor vehicle pools and trans-
portation systems
(a) IN GENERAL.—Subject to section 603 of this title, and regulations
issued under section 603, the Administrator of General Services shall—
(1) take over from executive agencies and consolidate, or otherwise ac-
quire, motor vehicles and related equipment and supplies;
(2) provide for the establishment, maintenance, and operation (includ-
ing servicing and storage) of motor vehicle pools or systems; and
(3) furnish motor vehicles and related services to executive agencies for
the transportation of property and passengers.
(b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined by
the Administrator, motor vehicles and related services may be furnished by
providing an agency with—
(1) Federal Government-owned motor vehicles;
(2) the use of motor vehicles, under rental or other arrangements,
through private fleet operators, taxicab companies, or local or interstate
common carriers; or
(3) both.
(c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator shall, so
far as practicable, furnish motor vehicles and related services under this sec-
tion to any federal agency, mixed-ownership Government corporation (as de-
fined in chapter 91 of title 31), or the District of Columbia, on its request.
§ 603. Process for establishing motor vehicle pools and trans-
portation systems
(a) DETERMINATION REQUIREMENT.—
(1) IN GENERAL.—The Administrator of General Services may carry
out section 602 only if the Administrator determines, after consultation
with the agencies concerned and with due regard to their program activi-
ties, that doing so is advantageous to the Federal Government in terms
of economy, efficiency, or service.
(2) ELEMENTS OF THE DETERMINATION.—A determination under this
section must be in writing. For each motor vehicle pool or system, the
determination must set forth an analytical justification that includes—
(A) a detailed comparison of estimated costs for present and pro-
posed modes of operation; and
(B) a showing that savings can be realized by the establishment,
maintenance, and operation of a motor vehicle pool or system.
(b) REGULATIONS RELATED TO ESTABLISHMENT.—
(1) IN GENERAL.—The President shall prescribe regulations estab-
lishing procedures to carry out section 602 of this title.
(2) ELEMENTS OF THE REGULATIONS.—The regulations shall provide
for—
(A) adequate notice to an executive agency of any determination
that affects the agency or its functions;
(B) independent review and decision as directed by the President
of any determination disputed by an agency, with the possibility
that the decision may include a partial or complete exemption of
the agency from the determination; and
(C) enforcement of determinations that become effective under the
regulations.
(3) EFFECT
OF
THE
REGULATIONS.—A determination under sub-
section (a) is binding on an agency only as provided in regulations
issued under this subsection.
§ 604. Treatment of assets taken over to establish motor vehi-
cle pools and transportation systems
(a) REIMBURSEMENT.—
(1) REQUIREMENT.—When the Administrator of General Services
takes over motor vehicles or related equipment or supplies under section
602 of this title, reimbursement is required if the property is taken over
from—
(A) a Government corporation; or
(B) an agency, if the agency acquired the property through unre-
imbursed expenditures made from a revolving or trust fund author-
ized by law.
(2) AMOUNT.—The Administrator shall reimburse a Government cor-
poration, or a fund through which an agency acquired property, by an
amount equal to the fair market value of the property. If the Adminis-
trator subsequently returns property of a similar kind under section 610
of this title, the Government corporation or the fund shall reimburse the
Administrator by an amount equal to the fair market value of the prop-
erty returned.
(b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator takes
over motor vehicles or related equipment or supplies under section 602 of this
title but reimbursement is not required under subsection (a), the value of the
property taken over, as determined by the Administrator, may be added to
the capital of the General Supply Fund. If the Administrator subsequently
returns property of a similar kind under section 610 of this title, the value
of the property may be deducted from the Fund.
§ 605. Payment of costs
(a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General Sup-
ply Fund provided for in section 321 of this title is available for use by or
under the direction and control of the Administrator of General Services to
pay the costs of carrying out section 602 of this title, including the cost of
purchasing or renting motor vehicles and related equipment and supplies.
(b) SETTING PRICES TO RECOVER COSTS.—
(1) IN GENERAL.—The Administrator shall set prices for furnishing
motor vehicles and related services under section 602 of this title. Prices
shall be set to recover, so far as practicable, all costs of carrying out sec-
tion 602 of this title.
(2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s dis-
cretion, prices may include an increment for the estimated replacement
cost of motor vehicles and related equipment and supplies. Notwith-
standing section 321(f)(1) of this title, the increment may be retained as
a part of the capital of the General Supply Fund but is available only
to replace motor vehicles and related equipment and supplies.
(c) ACCOUNTING METHOD.—The purchase price of motor vehicles and re-
lated equipment, and any increment for estimated replacement cost, shall be
recovered only through charges for the cost of amortization. Costs shall be de-
termined, and financial reports prepared, in accordance with the accrual ac-
counting method.
§ 606. Regulations related to operation
(a) IN GENERAL.—The Director of the Office of Personnel Management
shall prescribe regulations to govern executive agencies in authorizing civilian
personnel to operate Federal Government-owned motor vehicles for official
purposes within the States of the United States, the District of Columbia,
Puerto Rico, and the territories and possessions of the United States.
(b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe
standards of physical fitness for authorized operators. The regulations may
require operators and prospective operators to obtain state and local licenses
or permits that are required to operate similar vehicles for other than official
purposes.
(c) AGENCY ORDERS.—The head of each executive agency shall issue orders
and directives necessary for compliance with the regulations. The orders and
directives shall provide for—
(1) periodically testing the physical fitness of operators and prospec-
tive operators; and
(2) suspension and revocation of authority to operate.
§ 607. Records
The Administrator of General Services shall maintain an accurate record
of the cost of establishing, maintaining, and operating each motor vehicle pool
or system established under section 602 of this title.
§ 608. Scrip, tokens, tickets
The Administrator of General Services, in the operation of motor vehicle
pools or systems under this subchapter, may provide for the sale and use of
scrip, tokens, tickets, and similar devices to collect payment.
§ 609. Identification of vehicles
(a) IN GENERAL.—Under regulations prescribed by the Administrator of
General Services, every motor vehicle acquired and used for official purposes
within the United States, or the territories or possessions of the United States,
by any federal agency or by the District of Columbia shall be conspicuously
identified by showing, on the vehicle—
(1)(A) the full name of the department, establishment, corporation, or
agency that uses the vehicle and the service for which the vehicle is used;
or
(B) a title that readily identifies the department, establishment, cor-
poration, or agency that uses the vehicle and that is descriptive of the
service for which the vehicle is used; and
(2) the legend ‘‘For official use only’’.
(b) EXCEPTIONS.—The regulations prescribed pursuant to this section may
provide for exemptions when conspicuous identification would interfere with
the purpose for which a vehicle is acquired and used.
§ 610. Discontinuance of motor vehicle pool or system
(a) IN GENERAL.—The Administrator of General Services shall discontinue
a motor vehicle pool or system if there are no actual savings realized (based
on accounting as provided in section 605 of this title) during a reasonable
period of not longer than two successive fiscal years.
(b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool or sys-
tem is discontinued, the Administrator shall return to each agency involved
motor vehicles and related equipment and supplies similar in kind and rea-
sonably comparable in value to any motor vehicles and related equipment and
supplies which were previously taken over by the Administrator.
§ 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 conver-
sion 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)
or, if appropriate, referral to the Attorney General for prosecution under sec-
tion 641.
CHAPTER 7—FOREIGN EXCESS PROPERTY
Sec.
701.
Administrative.
702.
Return of foreign excess property to United States.
703.
Donation of medical supplies for use in foreign country.
704.
Other methods of disposal.
705.
Handling of proceeds from disposal.
§ 701. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre-
scribe policies that the President considers necessary to carry out this chapter.
The policies must be consistent with this chapter.
(b) EXECUTIVE AGENCY RESPONSIBILITY.—
(1) IN GENERAL.—The head of an executive agency that has foreign
excess property is responsible for the disposal of the property.
(2) CONFORMANCE TO POLICIES.—In carrying out functions under
this chapter, the head of an executive agency shall—
(A) use the policies prescribed by the President under subsection
(a) for guidance; and
(B) dispose of foreign excess property in a manner that conforms
to the foreign policy of the United States.
(3) DELEGATION OF AUTHORITY.—The head of an executive agency
may—
(A) delegate authority conferred by this chapter to an official in
the agency or to the head of another executive agency; and
(B) authorize successive redelegation of authority conferred by
this chapter.
(4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out this
chapter, the head of an executive agency may—
(A) appoint and fix the pay of personnel in the United States,
subject to chapters 33 and 51 and subchapter III of chapter 53 of
title 5; and
(B) appoint personnel outside the States of the United States and
the District of Columbia, without regard to chapter 33 of title 5.
(c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—
(1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary of
State may use foreign currencies and credits acquired by the United
States under section 704(b)(2) of this title—
(A) to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.);
(B) to carry out the Foreign Service Buildings Act, 1926 (22
U.S.C. 292 et seq.); and
(C) to pay other governmental expenses payable in local cur-
rencies.
(2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise di-
rected by the President, the Secretary of State shall continue to perform
functions under agreements in effect on July 1, 1949, related to the dis-
posal of foreign excess property. The Secretary of State may amend,
modify, and renew the agreements. Foreign currencies or credits the Sec-
retary of State acquires under the agreements shall be administered in
accordance with procedures that the Secretary of the Treasury may es-
tablish. Foreign currencies or credits reduced to United States currency
must be deposited in the Treasury as miscellaneous receipts.
§ 702. Return of foreign excess property to United States
(a) IN GENERAL.—Under regulations prescribed pursuant to subsection (b),
foreign excess property may be returned to the United States for handling as
excess or surplus property under subchapter II of chapter 5 of this title or
section 549 or 551 of this title when the head of the executive agency con-
cerned, or the Administrator of General Services after consultation with the
agency head, determines that return of the property to the United States for
such handling is in the interest of the United States.
(b) REGULATIONS.—The Administrator shall prescribe regulations to carry
out this section. The regulations must require that transportation costs for re-
turning foreign excess property to the United States are paid by the federal
agency, state agency, or donee receiving the property.
§ 703. Donation of medical supplies for use in foreign coun-
try
(a) APPLICATION.—This section applies to medical materials or supplies
that are in a foreign country but that would, if situated within the United
States, be available for donation under subchapter III of chapter 5 of this
title.
(b) IN GENERAL.—An executive agency may donate medical materials or
supplies that are not disposed of under section 702 of this title.
(c) CONDITIONS.—A donation under this section is subject to the following
conditions:
(1) The medical materials and supplies must be donated for use in
a foreign country.
(2) The donation must be made to a nonprofit medical or health orga-
nization, which may be an organization qualified to receive assistance
under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22
U.S.C. 2174(b), 2357).
(3) The donation must be made without cost to the donee (except for
costs of care and handling).
§ 704. Other methods of disposal
(a) IN GENERAL.—Foreign excess property not disposed of under section
702 or 703 of this title may be disposed of as provided in this section.
(b) METHODS OF DISPOSAL.—
(1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an execu-
tive agency may dispose of foreign excess property by sale, exchange,
lease, or transfer, for cash, credit or other property, with or without war-
ranty, under terms and conditions the head of the executive agency con-
siders proper.
(2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the head of
an executive agency determines that it is in the interest of the United
States, foreign excess property may be exchanged for—
(A) foreign currencies or credits; or
(B) substantial benefits or the discharge of claims resulting from
the compromise or settlement of claims in accordance with law.
(3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head of an ex-
ecutive agency may authorize the abandonment, destruction, or donation
of foreign excess property if the property has no commercial value or if
estimated costs of care and handling exceed the estimated proceeds from
sale.
(c) ADVERTISING.—The head of an executive agency may dispose of foreign
excess property without advertising if the head of the executive agency finds
that disposal without advertising is the most practicable and advantageous
means for the Federal Government to dispose of the property.
(d) TRANSFER OF TITLE.—The head of an executive agency may execute
documents to transfer title or other interests in, and take other action nec-
essary or proper to dispose of, foreign excess property.
§ 705. Handling of proceeds from disposal
(a) IN GENERAL.—This section applies to proceeds from the sale, lease, or
other disposition of foreign excess property under this chapter.
(b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of foreign
currencies or credits, must be administered in accordance with procedures
that the Secretary of the Treasury may establish.
(c) UNITED STATES CURRENCY.—
(1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title ap-
plies to proceeds of foreign excess property disposed of for United States
currency under this chapter.
(2) DEPOSITED IN TREASURY AS MISCELLANEOUS RECEIPTS.—Except
as provided in paragraph (1), proceeds in the form of United States cur-
rency, including foreign currencies or credits that are reduced to United
States currency, must be deposited in the Treasury as miscellaneous re-
ceipts.
(d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—
(1) DEPOSITS.—A federal agency that disposes of foreign excess prop-
erty under this chapter may deposit, in a special account in the Treas-
ury, amounts of the proceeds of the dispositions that the agency decides
are necessary to permit—
(A) appropriate refunds to purchasers for dispositions that are
rescinded or that do not become final; and
(B) payments for breach of warranty.
(2) WITHDRAWALS.—A federal agency that deposits proceeds in a spe-
cial account under paragraph (1) may withdraw amounts to be refunded
or paid from the account without regard to the origin of the amounts
withdrawn.
CHAPTER 9—URBAN LAND USE
Sec.
901.
Purpose and policy.
902.
Definitions.
903.
Acquisition and use.
904.
Disposal.
905.
Waiver.
§ 901. Purpose and policy
The purpose of this chapter is to promote harmonious intergovernmental
relations and encourage sound planning, zoning, and land use practices by
prescribing uniform policies and procedures for the Administrator of General
Services to acquire, use, and dispose of land in urban areas. To the greatest
extent practicable, urban land transactions entered into for the General Serv-
ices Administration and other federal agencies shall be consistent with zoning
and land use practices and with the planning and development objectives of
local governments and planning agencies.
§ 902. Definitions
In this chapter, the following definitions apply:
(1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of gen-
eral local government’’ means a city, county, town, parish, village, or
other general-purpose political subdivision of a State.
(2) URBAN AREA.—The term ‘‘urban area’’ means—
(A) a geographical area within the jurisdiction of an incor-
porated city, town, borough, village, or other unit of general local
government, except a county or parish, having a population of at
least 10,000 inhabitants;
(B) that portion of the geographical area within the jurisdiction
of a county, town, township, or similar governmental entity which
contains no incorporated unit of general local government but has
a population density of at least 1,500 inhabitants per square mile;
and
(C) that portion of a geographical area having a population den-
sity of at least 1,500 inhabitants per square mile and situated adja-
cent to the boundary of an incorporated unit of general local gov-
ernment which has a population of at least 10,000.
§ 903. Acquisition and use
(a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable, before
making a commitment to acquire real property situated in an urban area,
the Administrator of General Services shall give notice of the intended acqui-
sition and the proposed use of the property to the unit of general local govern-
ment exercising zoning and land use jurisdiction. If the Administrator deter-
mines that providing advance notice would adversely impact the acquisition,
the Administrator shall give notice of the acquisition and the proposed use
of the property immediately after the property is acquired.
(b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisition
or change of use of real property situated in an urban area as a site for pub-
lic building, if the unit of general local government exercising zoning and
land use jurisdiction objects on grounds that the proposed acquisition or
change of use conflicts with zoning regulations or planning objectives, the Ad-
ministrator shall, to the extent the Administrator determines is practicable,
consider all the objections and comply with the zoning regulations and plan-
ning objectives.
§ 904. Disposal
(a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property situ-
ated in an urban area for sale, the Administrator of General Services shall
give reasonable notice to the unit of general local government exercising zon-
ing and land use jurisdiction in order to provide an opportunity for zoning
so that the property is used in accordance with local comprehensive planning
described in subsection (c).
(b) NOTICE TO PROSPECTIVE PURCHASERS.—To the greatest extent prac-
ticable, the Administrator shall furnish to all prospective purchasers of real
property situated in an urban area complete information concerning—
(1) current zoning regulations, prospective zoning requirements, and
objectives for property if it is unzoned; and
(2)(A) the current availability of streets, sidewalks, sewers, water,
street lights, and other service facilities; and
(B) the prospective availability of those service facilities if the prop-
erty is included in local comprehensive planning described in subsection
(c).
(c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning re-
ferred to in subsections (a) and (b) includes any of the following activities,
to the extent the activity is directly related to the needs of a unit of general
local government:
(1) As a guide for government policy and action, preparing general
plans related to—
(A) the pattern and intensity of land use;
(B) the provision of public facilities (including transportation fa-
cilities) and other government services; and
(C) the effective development and use of human and natural re-
sources.
(2) Preparing long-range physical and fiscal plans for government ac-
tion.
(3) Programming capital improvements and other major expenditures,
based on a determination of relative urgency, together with definitive fi-
nancial planning for expenditures in the earlier years of a program.
(4) Coordinating related plans and activities of state and local govern-
ments and agencies.
(5) Preparing regulatory and administrative measures to support ac-
tivities described in this subsection.
§ 905. Waiver
The procedures prescribed in sections 903 and 904 of this title may be
waived during a period of national emergency proclaimed by the President.
CHAPTER 11—SELECTION OF ARCHITECTS AND
ENGINEERS
Sec.
1101.
Policy.
1102.
Definitions.
1103.
Selection procedure.
1104.
Negotiation of contract.
§ 1101. Policy
The policy of the Federal Government is to publicly announce all require-
ments for architectural and engineering services and to negotiate contracts for
architectural and engineering services on the basis of demonstrated com-
petence and qualification for the type of professional services required and at
fair and reasonable prices.
§ 1102. Definitions
In this chapter, the following definitions apply:
(1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a de-
partment, agency, or bureau of the Federal Government.
(2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘archi-
tectural and engineering services’’ means—
(A) professional services of an architectural or engineering na-
ture, as defined by state law, if applicable, that are required to be
performed or approved by a person licensed, registered, or certified
to provide the services described in this paragraph;
(B) professional services of an architectural or engineering nature
performed by contract that are associated with research, planning,
development, design, construction, alteration, or repair of real prop-
erty; and
(C) other professional services of an architectural or engineering
nature, or incidental services, which members of the architectural
and engineering professions (and individuals in their employ) may
logically or justifiably perform, including studies, investigations,
surveying and mapping, tests, evaluations, consultations, com-
prehensive planning, program management, conceptual designs,
plans and specifications, value engineering, construction phase serv-
ices, soils engineering, drawing reviews, preparation of operating
and maintenance manuals, and other related services.
(3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership,
corporation, association, or other legal entity permitted by law to prac-
tice the profession of architecture or engineering.
§ 1103. Selection procedure
(a) IN GENERAL.—These procedures apply to the procurement of architec-
tural and engineering services by an agency head.
(b) ANNUAL STATEMENTS.—The agency head shall encourage firms to sub-
mit annually a statement of qualifications and performance data.
(c) EVALUATION.—For each proposed project, the agency head shall evalu-
ate current statements of qualifications and performance data on file with the
agency, together with statements submitted by other firms regarding the pro-
posed project. The agency head shall conduct discussions with at least 3 firms
to consider anticipated concepts and compare alternative methods for fur-
nishing services.
(d) SELECTION.—From the firms with which discussions have been con-
ducted, the agency head shall select, in order of preference, at least 3 firms
that the agency head considers most highly qualified to provide the services
required. Selection shall be based on criteria established and published by the
agency head.
§ 1104. Negotiation of contract
(a) IN GENERAL.—The agency head shall negotiate a contract for architec-
tural and engineering services at compensation which the agency head deter-
mines is fair and reasonable to the Federal Government. In determining fair
and reasonable compensation, the agency head shall consider the scope, com-
plexity, professional nature, and estimated value of the services to be rendered.
(b) ORDER OF NEGOTIATION.—The agency head shall attempt to negotiate
a contract, as provided in subsection (a), with the most highly qualified firm
selected under section 1103 of this title. If the agency head is unable to nego-
tiate a satisfactory contract with the firm, the agency head shall formally ter-
minate negotiations and then undertake negotiations with the next most
qualified of the selected firms, continuing the process until an agreement is
reached. If the agency head is unable to negotiate a satisfactory contract with
any of the selected firms, the agency head shall select additional firms in
order of their competence and qualification and continue negotiations in ac-
cordance with this section until an agreement is reached.
CHAPTER 13—PUBLIC PROPERTY
Sec.
1301.
Charge of property transferred to the Federal Government.
1302.
Lease of buildings.
1303.
Disposition of surplus real property.
1304.
Transfer of federal property to States.
1305.
Disposition of land acquired by devise.
1306.
Disposition of abandoned or forfeited personal property.
1307.
Disposition of securities.
1308.
Disposition of unfit horses and mules.
1309.
Preservation, sale, or collection of wrecked, abandoned, or derelict property.
1310.
Sale of war supplies, land, and buildings.
1311.
Authority of President to obtain release.
1312.
Release of real estate in certain cases.
1313.
Releasing property from attachment.
1314.
Easements.
1315.
Special police.
§ 1301. Charge of property transferred to the Federal Govern-
ment
(a) IN GENERAL.—Except as provided in subsection (b), the Administrator
of General Services shall have charge of—
(1) all land and other property which has been or may be assigned,
set off, or conveyed to the Federal Government in payment of debts;
(2) all trusts created for the use of the Government in payment of
debts due the Government; and
(3) the sale and disposal of land—
(A) assigned or set off to the Government in payment of debt; or
(B) vested in the Government by mortgage or other security for
the payment of debts.
(b) NONAPPLICATION.—This section does not apply to—
(1) real estate which has been or shall be assigned, set off, or conveyed
to the Government in payment of debts arising under the Internal Rev-
enue Code of 1986 (26 U.S.C. 1 et seq.); or
(2) trusts created for the use of the Government in payment of debts
arising under the Code and due the Government.
§ 1302. Lease of buildings
Except as otherwise specifically provided by law, the leasing of buildings
and property of the Federal Government shall be for a money consideration
only. The lease may not include any provision for the alteration, repair, or
improvement of the buildings or property as a part of the consideration for
the rent to be paid for the use and occupation of the buildings or property.
Money derived from the rent shall be deposited in the Treasury as miscella-
neous receipts.
§ 1303. Disposition of surplus real property
(a) DEFINITION.—In this section, the term ‘‘federal agency’’ means an exec-
utive department, independent establishment, commission, board, bureau, di-
vision, or office in the executive branch, or other agency of the Federal Gov-
ernment, including wholly owned Government corporations.
(b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—
(1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec-
ommendation of the Administrator of General Services, or the federal
agency having control of any real property the agency acquires that is
located outside of the District of Columbia, other than military or naval
reservations, declares the property to be surplus to the needs of the agen-
cy, the Administrator—
(A) may assign space in the property to any federal agency;
(B) pending a sale, may lease the property for not more than 5
years and on terms the Administrator considers to be in the public
interest; or
(C) may sell the property at public sale to the highest responsible
bidder on terms and after public advertisement that the Adminis-
trator considers to be in the public interest.
(2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal agency to
which space is assigned does not desire to occupy the space, the decision
of the Administrator under paragraph (1)(A) is subject to review by the
President.
(3) NEGOTIATED SALE.—If no bids which are satisfactory as to price
and responsibility of the bidder are received as a result of public adver-
tisement, the Administrator may sell the property by negotiation, on
terms as may be considered to be to the best interest of the Government,
but at a price not less than that bid by the highest responsible bidder.
(c) DEMOLITION.—The Administrator may demolish any building declared
to be surplus to the needs of the Government under this section on deciding
that demolition will be in the best interest of the Government. Before pro-
ceeding with the demolition, the Administrator shall inform the Secretary of
the Interior in writing of the Administrator’s intention to demolish the build-
ing, and shall not proceed with the demolition until receiving written notice
from the Secretary that the building is not an historic building of national
significance within the meaning of the Act of August 21, 1935 (16 U.S.C. 461
et seq.) (known as the Historic Sites, Buildings, and Antiquities Act). If the
Secretary does not notify the Administrator of the Secretary’s decision as to
whether the building is an historic building of national significance within
90 days of the receipt of the notice of intention to demolish the building, the
Administrator may proceed to demolish the building.
(d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—When the
Administrator, after investigation, decides that real property referred to in
subsection (b) should be used for the accommodation of a federal agency, the
Administrator may make any repairs or alterations that the Administrator
considers necessary or advisable and may maintain and operate the property.
(e) PAYMENT BY FEDERAL AGENCIES.—
(1) ASSIGNED REAL PROPERTY.—To the extent that the appropriations
of the General Services Administration not otherwise allocated are inad-
equate for repairs, alterations, maintenance, or operation, the Adminis-
trator may require each federal agency to which space has been assigned
to pay promptly by check to the Administrator out of its appropriation
for rent any part of the estimated or actual cost of the repairs, alter-
ations, maintenance, and operation. Payment may be either in advance