III.
INFORMATION TECHNOLOGY MANAGEMENT .....................................
11101
IV.
APPALACHIAN REGIONAL DEVELOPMENT ..........................................
14101
V.
MISCELLANEOUS .........................................................................................
17101
SUBTITLE I—FEDERAL PROPERTY AND
ADMINISTRATIVE SERVICES
CHAPTER
Sec.
1.
GENERAL .......................................................................................................
101
3.
ORGANIZATION OF GENERAL SERVICES ADMINISTRATION ..........
301
5.
PROPERTY MANAGEMENT ........................................................................
501
7.
FOREIGN EXCESS PROPERTY ..................................................................
701
9.
URBAN LAND USE .......................................................................................
901
11.
SELECTION OF ARCHITECTS AND ENGINEERS .................................
1101
13.
PUBLIC PROPERTY .....................................................................................
1301
CHAPTER 1—GENERAL
SUBCHAPTER I—PURPOSE AND DEFINITIONS
Sec.
101.
Purpose.
102.
Definitions.
SUBCHAPTER II—SCOPE
111.
Application to Federal Property and Administrative Services Act of 1949.
112.
Applicability of certain policies, procedures, and directives in effect on July 1, 1949.
113.
Limitations.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
121.
Administrative.
122.
Prohibition on sex discrimination.
123.
Civil remedies for fraud.
124.
Agency use of amounts for property management.
125.
Library memberships.
126.
Reports to Congress.
SUBCHAPTER I—PURPOSE AND DEFINITIONS
§ 101. Purpose
The purpose of this subtitle is to provide the Federal Government with
an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and
performing related functions including contracting, inspection, storage,
issue, setting specifications, identification and classification, transpor-
tation and traffic management, establishment of pools or systems for
transportation of Government personnel and property by motor vehicle
within specific areas, management of public utility services, repairing
and converting, establishment of inventory levels, establishment of
forms and procedures, and representation before federal and state reg-
ulatory 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 ter-
mination 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 prop-
erty under the control of a federal agency that the head of the agency
determines is not required to meet the agency’s needs or responsibil-
ities.
(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 execu-
tive 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 Architect of the Capitol).
(6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess prop-
erty’’ 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 Micro-
nesia, 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, com-
bat, 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
agency determines that exclusive control of the vehicle is essential
for effective 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 prop-
erty 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 ex-
cess 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 di-
rectives in effect on July 1, 1949
(a) IN GENERAL.—A policy, procedure, or directive described in sub-
section (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 pre-
scribed 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
related to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent
agency 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 au-
thority conferred by this subtitle is in addition to any other authority con-
ferred 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 Of-
fice 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 Represent-
atives, 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,
transfer to foreign governments, or foreign aid, relief, or rehabilitation,
but the agency carrying out the program shall, to the maximum extent
practicable, consistent with the purposes of the program and the effec-
tive, efficient conduct of agency business, coordinate its operations with
the requirements of this subtitle and with policies and regulations pre-
scribed under this subtitle;
(3) an executive agency named in chapter 137 of title 10, and the
head of the agency, with respect to the administration of that chapter;
(4) the Secretary of Defense with respect to property required for
or located in occupied territories;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce
with respect to the disposal of airport property and airway property (as
those terms are defined in section 47301 of title 49) for use as such
property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition,
procurement, operation, maintenance, preservation, sale, lease, charter,
construction, reconstruction, or reconditioning (including outfitting and
equipping incidental to construction, reconstruction, or reconditioning)
of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware-
house, or other installation necessary or appropriate for carrying out
a program of the Administration authorized by law or nonadministra-
tive activities incidental to a program of the Administration authorized
by law, but the Administration shall, to the maximum extent it con-
siders practicable, consistent with the purposes of its programs and the
effective, efficient conduct of its activities, coordinate its operations
with the requirements of this subtitle and with policies and regulations
prescribed under this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other
law;
(18) the Secretary of the Interior with respect to procurement for
program operations under the Bonneville Project Act of 1937 (16
U.S.C. 832 et seq.); or
(19) the Secretary of State with respect to the furnishing of facilities
in foreign countries and reception centers within the United States.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§ 121. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre-
scribe policies and directives that the President considers necessary to carry
out this subtitle. The policies must be consistent with this subtitle.
(b) ACCOUNTING PRINCIPLES AND STANDARDS.—
(1) PRESCRIPTION.—The Comptroller General, after considering the
needs and requirements of executive agencies, shall prescribe principles
and standards of accounting for property.
(2) PROPERTY
ACCOUNTING
SYSTEMS.—The Comptroller General
shall cooperate with the Administrator of General Services and with ex-
ecutive agencies in the development of property accounting systems and
approve the systems when they are adequate and in conformity with
prescribed principles and standards.
(3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen-
eral shall examine the property accounting systems established by exec-
utive agencies to determine the extent of compliance with prescribed
principles and standards and approved systems. The Comptroller Gen-
eral shall report to Congress any failure to comply with the principles
and standards or to adequately account for property.
(c) REGULATIONS BY ADMINISTRATOR.—
(1) GENERAL AUTHORITY.—The Administrator may prescribe regu-
lations to carry out this subtitle.
(2) REQUIRED
REGULATIONS
AND
ORDERS.—The Administrator
shall prescribe regulations that the Administrator considers necessary
to carry out the Administrator’s functions under this subtitle and the
head of each executive agency shall issue orders and directives that the
agency head considers necessary to carry out the regulations.
(d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Admin-
istrator may delegate authority conferred on the Administrator by this
subtitle to an official in the General Services Administration or to the
head of another federal agency. The Administrator may authorize suc-
cessive redelegation of authority conferred by this subtitle.
(2) EXCEPTIONS.—The Administrator may not delegate—
(A) the authority to prescribe regulations on matters of policy
applying to executive agencies;
(B) the authority to transfer functions and related allocated
amounts from one component of the Administration to another
under paragraphs (1)(C) and (2)(A) of subsection (e); or
(C) other authority for which delegation is prohibited by this
subtitle.
(3) RETENTION AND USE OF RENTAL PAYMENTS.—A department or
agency to which the Administrator has delegated authority to operate,
maintain or repair a building or facility under this subsection shall re-
tain the portion of the rental payment that the Administrator deter-
mines is available to operate, maintain or repair the building or facility.
The department or agency shall directly expend the retained amounts
to operate, maintain, or repair the building or facility. Any amounts
retained under this paragraph shall remain available until expended for
these purposes.
(e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—
(1) IN GENERAL.—The Administrator may provide for the perform-
ance of a function assigned under this subtitle by any of the following
methods:
(A) The Administrator may direct the Administration to per-
form the function.
(B) The Administrator may designate or establish a component
of the Administration and direct the component to perform the
function.
(C) The Administrator may transfer the function from one com-
ponent of the Administration to another.
(D) The Administrator may direct an executive agency to per-
form the function for itself, with the consent of the agency or by
direction of the President.
(E) The Administrator may direct one executive agency to per-
form the function for another executive agency, with the consent
of the agencies concerned or by direction of the President.
(F) The Administrator may provide for performance of a func-
tion by a combination of the methods described in this paragraph.
(2) TRANSFER OF RESOURCES.—
(A) WITHIN ADMINISTRATION.—If the Administrator transfers
a function from one component of the Administration to another,
the Administrator may also provide for the transfer of appropriate
allocated amounts from the component that previously carried out
the function to the component being directed to carry out the
function. A transfer under this subparagraph must be reported to
the Director of the Office of Management and Budget.
(B) BETWEEN
AGENCIES.—If the Administrator transfers a
function from one executive agency to another (including a trans-
fer to or from the Administration), the Administrator may also
provide for the transfer of appropriate personnel, records, prop-
erty, and allocated amounts from the executive agency that pre-
viously carried out the function to the executive agency being di-
rected to carry out the function. A transfer under this subpara-
graph is subject to approval 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 com-
pensation 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
receiving 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
provisions and rules similar to those already established with respect to ra-
cial 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 discrimination.
§ 123. Civil remedies for fraud
(a) IN GENERAL.—In connection with the procurement, transfer or dis-
position 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 ben-
efit 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 retain-
ing as liquidated damages, the money, property, or other consideration
given to the Government.
(b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil rem-
edies provided in this section are in addition to all other civil remedies and
criminal 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 ac-
countable 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 regu-
lations 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 ter-
ritory 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. Juris-
diction and venue are determined without regard to the place where
acts were committed.
(3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A de-
fendant that does not reside and may not be found in the court’s judi-
cial district may be brought in by order of the court, to be served per-
sonally, 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
(except section 506), II, or III of chapter 5 of this title may be used by
the agency 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 Adminis-
trator of General Services, for payment in advance for library memberships
in societies 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 iden-
tify any law that is obsolete because of the enactment or operation of this
subtitle.
CHAPTER 3—ORGANIZATION OF GENERAL SERVICES
ADMINISTRATION
SUBCHAPTER I—GENERAL
Sec.
301.
Establishment.
302.
Administrator and Deputy Administrator.
303.
Functions.
304.
Federal information centers.
(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
related 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 Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(b) TEMPORARY EMPLOYMENT.—The Administrator may procure the
temporary 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
Administrative 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 serv-
ices personnel) from an executive agency other than the General Services
Administration with the consent of the head of the agency.
(d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.—The
Administrator, in the Administrator’s discretion, may detail field personnel
of the Administration to the District of Columbia for temporary duty for
a period of not more than 30 days in any one case. Subsistence or similar
expenses may not be allowed for an employee on temporary duty in the Dis-
trict 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
needed 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 re-
mains 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 Administra-
tion 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 Admin-
istrator’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 pre-
scribed 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
vendor, the Administrator shall fix the fee in an amount that will re-
cover the costs of conducting the tests, including all components of the
costs, determined in accordance with accepted accounting principles.
(3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE IN-
TEREST OF PRODUCER OR VENDOR.—If the Administrator determines
that conducting the tests does not predominantly serve the interest of
the producer or vendor, the Administrator shall fix the fee in an
amount the Administrator determines is reasonable for furnishing the
testing service.
SUBCHAPTER III—FUNDS
§ 321. General Supply Fund
(a) EXISTENCE.—The General Supply Fund is a special fund in the
Treasury.
(b) COMPOSITION.—
(1) IN GENERAL.—The Fund is composed of amounts appropriated
to the Fund and the value, as determined by the Administrator of Gen-
eral Services, of personal property transferred from executive agencies
to the Administrator under section 501(d) of this title to the extent
that payment is not made or credit allowed for the property.
(2) OTHER CREDITS.—
(A) IN GENERAL.—The Fund shall be credited with all reim-
bursements, advances, and refunds or recoveries relating to per-
sonal property or services procured through the Fund, including—
(i) the net proceeds of disposal of surplus personal prop-
erty; and
(ii) receipts from carriers and others for loss of, or damage
to, personal property.
(B) REAPPROPRIATION.—Amounts credited under this para-
graph are reappropriated for the purposes of the Fund.
(3) DEPOSIT OF FEES.—Fees collected by the Administrator under
section 313 of this title may be deposited in the Fund to be used for
the purposes of the Fund.
(c) USES.—
(1) IN GENERAL.—The Fund is available for use by or under the di-
rection and control of the Administrator for—
(A) procuring, for the use of federal agencies in the proper dis-
charge of their responsibilities—
(i) personal property (including the purchase from or
through the Public Printer, for warehouse issue, of standard
forms, blankbook work, standard specifications, and other
printed material in common use by federal agencies and not
available through the Superintendent of Documents); and
(ii) nonpersonal services;
(B) paying the purchase price, cost of transportation of personal
property and services, and cost of personal services employed di-
rectly in the repair, rehabilitation, and conversion of personal
property; and
(C) paying other direct costs of, and indirect costs that are rea-
sonably related to, contracting, procurement, inspection, storage,
management, distribution, and accountability of property and non-
personal services provided by the General Services Administration
or by special order through the Administration.
(2) OTHER USES.—The Fund may be used for the procurement of
personal property and nonpersonal services authorized to be acquired
by—
(A) mixed-ownership Government corporations;
(B) the municipal government of the District of Columbia; or
(C) a requisitioning non-federal agency when the function of a
federal agency authorized to procure for it is transferred to the
Administration.
(d) PAYMENT FOR PROPERTY AND SERVICES.—
(1) IN GENERAL.—For property or services procured through the
Fund for requisitioning agencies, the agencies shall pay prices the Ad-
ministrator fixes under this subsection.
(2) PRICES FIXED BY ADMINISTRATOR.—The Administrator shall fix
prices at levels sufficient to recover—
(A) so far as practicable—
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services employed directly in the
repair, rehabilitation, and conversion of personal property;
and
(v) the cost of amortization and repair of equipment used
for lease or rent to executive agencies; and
(B) properly allocable costs payable by the Fund under sub-
section (c)(1)(C).
(3) TIMING OF PAYMENTS.—
(A) PAYMENT IN ADVANCE.—A requisitioning agency shall pay
in advance when the Administrator determines that there is insuf-
ficient capital otherwise available in the Fund. Payment in ad-
vance may also be made under an agreement between a requisi-
tioning 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 account-
ing procedures approved by the Comptroller General.
(C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Ad-
ministrator may obtain reimbursement by the issuance of transfer
and counterwarrants, or other lawful transfer documents, sup-
ported by itemized invoices, if payment is not made by a requisi-
tioning agency 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 amor-
tizing 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
appropriated to establish and maintain the Fund (all assets, liabilities,
and prior losses considered) shall be deposited in the Treasury as mis-
cellaneous 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 accord-
ance with the provisions of chapter 35 of title 31 and report the results of
the audits.
§ 322. Information Technology Fund
(a) EXISTENCE.—There is an Information Technology Fund in the
Treasury.
(b) COST AND CAPITAL REQUIREMENTS.—
(1) IN GENERAL.—The Administrator of General Services shall de-
termine 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 proc-
essing and transmission equipment, software, systems, and oper-
ating facilities necessary to provide services;
(B) resulting from operations of the Fund, including the net
proceeds from the disposal of excess or surplus personal property
and receipts from carriers and others for loss or damage to prop-
erty; and
(C) that are appropriated, authorized to be transferred, or oth-
erwise made available to the Fund.
(2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDG-
ET.—The Administrator shall submit plans concerning the cost and
capital requirements determined under this section, and other informa-
tion as may be requested, for review and approval by the Director of
the Office of Management and Budget. Plans submitted under this sec-
tion fulfill the requirements of sections 1512 and 1513 of title 31.
(3) ADJUSTMENTS.—Any change to the cost and capital require-
ments 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, oper-
ate, 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, sup-
plies, and related services including maintenance and repair.
(3) CANCELLATION COSTS.—Any cancellation costs incurred for a
contract entered into under subsection (e) shall be paid from money
currently available in the Fund.
(4) NO FISCAL YEAR LIMITATION.—The Fund is available without
fiscal 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 informa-
tion 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 in-
formation 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
termination;
(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 fis-
cal year, any uncommitted balance remaining in the Fund, after making
provision for anticipated operating needs as determined by the Office of
Management and Budget, shall be transferred to the Treasury as miscella-
neous receipts.
(g) ANNUAL REPORT.—The Administrator shall report annually to the
Director on the operation of the Fund. The report must address the inven-
tory, 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 Cen-
ter Fund, General Services Administration, for the purpose of disseminating
Federal Government consumer information to the public and for other re-
lated purposes.
(b) DEPOSITS.—Money shall be deposited into the Fund from—
(1) appropriations from the Treasury for Consumer Information
Center activities;
(2) user fees from the public;
(3) reimbursements from other federal agencies for costs of distrib-
uting 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 ap-
propriation 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 otherwise made available, the Center may expend the gifts for these pur-
poses 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 sys-
tems.
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 de-
termines that the action is advantageous to the Federal Govern-
ment 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 ex-
empt the Department of Defense from an action taken by the Adminis-
trator 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 respon-
sibilities, and perform functions related to procurement and supply
including contracting, inspection, storage, issue, property identi-
fication 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
services and related functions.