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handicapped under the Javits-Wagner-O’Day Act (41 U.S.C.
46 et seq.).
(B) IN GENERAL.—Except as provided in subparagraph (C),
amounts made available to the Administration pursuant to this
section may not be obligated or expended to procure covered serv-
ices by contract if an employee who was a permanent veterans
preference employee of the Administration on November 19, 1995,
would be terminated as a result.
(C) EXCEPTION.—Amounts made available to the Administra-
tion pursuant to this section may be obligated and expended to
procure covered services by contract with a sheltered workshop or,
if sheltered workshops decline to contract for the provision of cov-
ered services, by competitive contract for a period of no longer
than 5 years. When a competitive contract expires, or is termi-
nated for any reason, the Administration shall again offer to pro-
cure the covered services by contract with a sheltered workshop
before procuring the covered services by competitive contract.
(5) 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
authority 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 ac-
cept, from a utility, goods or services that enhance the energy efficiency
of federal facilities.
(3) ASSIGNMENT OF ENERGY REBATES.—In the administration of
real property that the Administrator leases and for which the Adminis-
trator pays utility costs, the Administrator may assign all or a portion
of energy rebates to the lessor to underwrite the costs incurred in un-
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dertaking energy efficiency improvements in the real property if the
payback period for the improvement is at least 2 years less than the
remainder of the term of the lease.
(4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE-
MENT PROGRAMS.—In addition to amounts appropriated for energy
management 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 im-
plement 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
deposited 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
RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates,
cash incentives or otherwise, any revenues, collections, or other income re-
lated to energy savings or recycling efforts. Amounts received under this
subsection remain in the Fund until expended and remain available for fed-
eral energy management improvement programs, recycling programs, or em-
ployee programs that are authorized by law or that the Administrator con-
siders appropriate. The Administration may use amounts received under
this subsection, in addition to amounts received as New Obligational Au-
thority, in activities of the Fund as necessary.
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—
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(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 section 603, the Administrator of General Services
shall—
(1) take over from executive agencies and consolidate, or otherwise
acquire, motor vehicles and related equipment and supplies;
(2) provide for the establishment, maintenance, and operation (in-
cluding 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
section to any federal agency, mixed-ownership Government corporation (as
defined in chapter 91 of title 31), or the District of Columbia, on its re-
quest.
§ 603. Process for establishing motor vehicle pools and
transportation 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 ac-
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tivities, 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
proposed 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 pro-
vide 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 Presi-
dent of any determination disputed by an agency, with the possi-
bility that the decision may include a partial or complete exemp-
tion 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 ve-
hicle pools and transportation systems
(a) REIMBURSEMENT.—
(1) REQUIREMENT.—When the Administrator of General Services
takes over motor vehicles or related equipment or supplies under sec-
tion 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 un-
reimbursed expenditures made from a revolving or trust fund au-
thorized 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
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610 of this title, the Government corporation or the fund shall reim-
burse the Administrator by an amount equal to the fair market value
of the property 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 sub-
sequently 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
Supply 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 Serv-
ices 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 sup-
plies.
(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 section 602 of this title.
(2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s
discretion, prices may include an increment for the estimated replace-
ment cost of motor vehicles and related equipment and supplies. Not-
withstanding section 321(f)(1) of this title, the increment may be re-
tained as a part of the capital of the General Supply Fund but is avail-
able 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 determined, and financial reports prepared, in accordance with the ac-
crual accounting 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 civil-
ian personnel to operate Federal Government-owned motor vehicles for offi-
cial purposes within the States of the United States, the District of Colum-
bia, Puerto Rico, and the terrritories 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
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require operators and prospective operators to obtain state and local licenses
or permits that are required to operate similar vehicles for other than offi-
cial purposes.
(c) AGENCY ORDERS.—The head of each executive agency shall issue or-
ders and directives necessary for compliance with the regulations. The or-
ders 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 con-
spicuously 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 dis-
continue a motor vehicle pool or system if there are no actual savings real-
ized (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
system is discontinued, the Administrator shall return to each agency in-
volved motor vehicles and related equipment and supplies similar in kind
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and reasonably comparable in value to any motor vehicles and related equip-
ment 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 con-
version 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 in-
vestigation and either appropriate disciplinary action under section 1343,
1344, or 1349(b) or, if appropriate, referral to the Attorney General for
prosecution under section 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 chap-
ter. 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 sub-
section (a) for guidance; and
(B) dispose of foreign excess property in a manner that con-
forms 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—
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(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 per-
form functions under agreements in effect on July 1, 1949, related to
the disposal of foreign excess property. The Secretary of State may
amend, modify, and renew the agreements. Foreign currencies or cred-
its the Secretary of State acquires under the agreements shall be ad-
ministered in accordance with procedures that the Secretary of the
Treasury may establish. Foreign currencies or credits reduced to
United States currency must be deposited into the Treasury as mis-
cellaneous 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 han-
dling 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 agen-
cy concerned, 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 returning foreign excess property to the United States are paid
by the federal agency, state agency, or donee receiving the property.
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§ 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 fol-
lowing 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 or-
ganization, 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 exec-
utive agency may dispose of foreign excess property by sale, exchange,
lease, or transfer, for cash, credit or other property, with or without
warranty, under terms and conditions the head of the executive agency
considers 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
executive agency may authorize the abandonment, destruction, or dona-
tion of foreign excess property if the property has no commercial value
or if estimated costs of care and handling exceed the estimated pro-
ceeds from sale.
(c) ADVERTISING.—The head of an executive agency may dispose of for-
eign excess property without advertising if the head of the executive agency
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finds that disposal without advertising is the most practicable and advan-
tageous 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 INTO TREASURY AS MISCELLANEOUS RECEIPTS.—
Except as provided in paragraph (1), proceeds in the form of United
States currency, including foreign currencies or credits that are re-
duced to United States currency, must be deposited into the Treasury
as miscellaneous receipts.
(d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—
(1) DEPOSITS.—A federal agency that disposes of foreign excess
property under this chapter may deposit, in a special account in the
Treasury, 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
special account under paragraph (1) may withdraw amounts to be re-
funded 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
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prescribing uniform policies and procedures for the Administrator of Gen-
eral Services to acquire, use, and dispose of land in urban areas. To the
greatest extent practicable, urban land transactions entered into for the
General Services Administration and other federal agencies shall be con-
sistent with zoning and land-use practices and with the planning and devel-
opment 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
general 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 ad-
jacent to the boundary of an incorporated unit of general local
government 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 ac-
quisition and the proposed use of the property to the unit of general local
government exercising zoning and land-use jurisdiction. If the Administrator
determines that providing advance notice would adversely impact the acqui-
sition, the Administrator shall give notice of the acquisition and the pro-
posed use of the property immediately after the property is acquired.
(b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisi-
tion or change of use of real property situated in an urban area as a site
for public 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
Administrator shall, to the extent the Administrator determines is prac-
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ticable, consider all objections and comply with the zoning regulations and
planning 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 the general local government exercising
zoning and land-use jurisdiction in order to provide an opportunity for zon-
ing 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
practicable, 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
referred 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
facilities) 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
action.
(3) Programing capital improvements and other major expenditures,
based on a determination of relative urgency, together with definitive
financial planning for expenditures in the earlier years of a program.
(4) Coordinating related plans and activities of state and local gov-
ernments and agencies.
(5) Preparing regulatory and administrative measures to support ac-
tivities described in this subsection.
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§ 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
department, agency, or bureau of the Federal Government.
(2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘ar-
chitectural 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 cer-
tified to provide the services described in this paragraph;
(B) professional services of an architectural or engineering na-
ture performed by contract that are associated with research, plan-
ning, development, design, construction, alteration, or repair of
real property; 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
services, soils engineering, drawing reviews, preparation of oper-
ating 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.
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§ 1103. Selection procedure
(a) IN GENERAL.—These procedures apply to the procurement of archi-
tectural and engineering services by an agency head.
(b) ANNUAL STATEMENTS.—The agency head shall encourage firms to
submit annually a statement of qualifications and performance data.
(c) EVALUATION.—For each proposed project, the agency head shall
evaluate current statements of qualifications and performance data on file
with the agency, together with statements submitted by other firms regard-
ing the proposed project. The agency head shall conduct discussions with
at least 3 firms to consider anticipated concepts and compare alternative
methods for furnishing 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 archi-
tectural and engineering services at compensation which the agency head de-
termines is fair and reasonable to the Federal Government. In determining
fair and reasonable compensation, the agency head shall consider the scope,
complexity, professional nature, and estimated value of the services to be
rendered.
(b) ORDER OF NEGOTIATION.—The agency head shall attempt to nego-
tiate 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 negotiate a satisfactory contract with the firm, the agency head shall for-
mally terminate negotiations and then undertake negotiations with the next
most qualified of the selected firms, continuing the process until an agree-
ment is reached. If the agency head is unable to negotiate a satisfactory
contract with any of the selected firms, the agency head shall select addi-
tional firms in order of their competence and qualification and continue ne-
gotiations in accordance 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.
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1310.
Sale of war supplies, land, and buildings.
1311.
Authority of President to obtain releases.
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 Gov-
ernment
(a) IN GENERAL.—Except as provided in subsection (b), the Adminis-
trator 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 con-
veyed to the Government in payment of debts arising under the Inter-
nal Revenue 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 into the Treasury as mis-
cellaneous receipts.
§ 1303. Disposition of surplus real property
(a) DEFINITION.—In this section, the term ‘‘federal agency’’ means an
executive department, independent establishment, commission, board, bu-
reau, division, or office in the executive branch, or other agency of the Fed-
eral Government, including corporations wholly owned by the Government.
(b) ASSIGNMENT OF SPACE, LEASE, OR SALE.—
(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
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reservations, declares the property to be surplus to the needs of the
agency, 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 respon-
sible bidder on terms and after public advertisement that the Ad-
ministrator 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 deci-
sion 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 Govern-
ment, but at a price not less than that bid by the highest responsible
bidder.
(c) DEMOLITION.—The Administrator may demolish any building de-
clared 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. Be-
fore proceeding with the demolition, the Administrator shall inform the Sec-
retary of the Interior in writing of the Administrator’s intention to demolish
the building, and shall not proceed with the demolition until receiving writ-
ten 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 Antiq-
uities Act). If the Secretary does not notify the Administrator of the Sec-
retary’s decision as to whether the building is an historic building of na-
tional 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 Adminis-
trator considers necessary or advisable and may maintain and operate the
property.
(e) PAYMENT BY FEDERAL AGENCIES.—
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(1) ASSIGNED REAL PROPERTY.—To the extent that the appropria-
tions of the General Services Administration not otherwise allocated are
inadequate for repairs, alterations, maintenance, or operation, the Ad-
ministrator may require each federal agency to which space has been
assigned to pay promptly by check to the Administrator out of its ap-
propriation for rent any part of the estimated or actual cost of the re-
pairs, alterations, maintenance, and operation. Payment may be either
in advance of, or on or during, occupancy of the space. The Adminis-
trator shall determine and equitably apportion the total amount to be
paid among the agencies to whom space has been assigned.
(2) LEASED SPACES.—To the extent that the appropriations of the
Administration not otherwise required are inadequate, the Adminis-
trator may require each federal agency to which leased space has been
assigned to pay promptly by check to the Administrator out of its avail-
able appropriations any part of the estimated cost of rent, repairs, al-
terations, maintenance, operation, and moving. Payment may be either
in advance or during occupancy of the space. When space in a building
is occupied by two or more agencies, the Administrator shall determine
and equitably apportion rental, operation, and other charges on the
basis of the total amount of space leased.
(f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be
appropriated to cover the costs incident to the sale or lease of real property,
or authorized demolition of buildings on the property, declared to be surplus
to the needs of any federal agency under this section, and the care, mainte-
nance, and protection of the property, including pay of employees, travel of
Government employees, brokers’ fees not in excess of rates paid for similar
services in the community where the property is situated, appraisals, photo-
graphs, surveys, evidence of title and perfecting of defective titles, adver-
tising, and telephone and telegraph charges. However, the agency remains
responsible for the proper care, maintenance, and protection of the property
until the Administrator assumes custody or other disposition of the property
is made.
(g) REGULATIONS.—The Administrator may prescribe regulations as nec-
essary to carry out this section.
§ 1304. Transfer of federal property to States
(a) OBSOLETE BUILDINGS AND SITES.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’s discretion, on terms the Administrator considers proper,
and under regulations the Administrator may prescribe, may sell prop-
erty described in paragraph (2) to a State or a political subdivision of
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a State for public use if the Administrator considers the sale to be in
the best interest of the Federal Government.
(2) APPLICABLE PROPERTY.—The property referred to in paragraph
(1) is any federal building, building site, or part of a building site
under the Administrator’s control that has been replaced by a new
structure and that the Administrator determines is no longer needed
by the Government.
(3) PRICE.—The purchase price for a sale under this section must
be at least 50 percent of the value of the land as appraised by the Ad-
ministrator.
(4) PROCEEDS OF SALE.—The proceeds of a sale under this section
shall be deposited in the Treasury as miscellaneous receipts.
(5) PAYMENT TERMS.—The Administrator may enter into a long
term contract for the payment of the purchase price in installments
that the Administrator considers fair and reasonable. The Adminis-
trator may waive any requirement for interest charges on deferred pay-
ment.
(6) CONVEYANCE.—The Administrator may convey property sold
under this section by the usual quitclaim deed.
(b) WIDENING OF PUBLIC ROADS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive agency’’
means an executive department or independent establishment in the ex-
ecutive branch of the Government, including any wholly owned Govern-
ment corporation.
(2) IN GENERAL.—When a State or a political subdivision of a State
applies for a conveyance or transfer of real property of the Government
in connection with an authorized widening of a public highway, street,
or alley, the head of the executive agency that controls the affected real
property may convey or transfer to the State or political subdivision,
with or without consideration, an interest in the real property that the
agency head determines is not adverse to the interests of the Govern-
ment. A conveyance or transfer under this subsection is subject to
terms and conditions the agency head considers necessary to protect
the interests of the Government.
(3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An in-
terest in real property which can be transferred to a State or a political
subdivision of a State for highway purposes under title 23 may not be
conveyed or transferred under this subsection.
(4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way
over, under, and through public lands and lands in the National Forest
System may not be granted under this subsection.
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§ 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for disposal as
excess property under this subtitle and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land ac-
quired by the Federal Government by devise.
§ 1306. Disposition of abandoned or forfeited personal prop-
erty
(a) DEFINITIONS.—In this section—
(1) AGENCY.—The term ‘‘agency’’ includes any executive depart-
ment, independent establishment, board, commission, bureau, service,
or division of the Federal Government, and any corporation in which
the Government owns at least a majority of the stock.
(2) PROPERTY.—The term ‘‘property’’ means all personal property,
including vessels, vehicles, and aircraft.
(b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban-
doned to any agency in a way that vests title to the property in the Govern-
ment may be retained by the agency and devoted to official use only. If the
agency does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator of General Services to that effect, and
the Administrator, within a reasonable time, shall—
(1) order the agency to deliver the property to another agency which
requests the property and which the Administrator believes should be
given the property; or
(2) order disposal of the property as otherwise provided by law.
(c) FORFEITED PROPERTY.—
(1) AGENCY RETAINS PROPERTY.—An agency that seizes property
that has been forfeited to the Government other than by court decree
may retain the property and devote it only to official use instead of
disposing of the property as otherwise provided by law if competent au-
thority does not order the property returned to any claimant.
(2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agen-
cy does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator to that effect, and the property—
(A) if not ordered by competent authority to be returned to any
claimant, or disposed of as otherwise provided by law, shall be de-
livered by the agency, on order of the Administrator given within
a reasonable time, to another agency that requests the property
and that the Administrator believes should be given the property;
or
(B) on order of the Administrator given within a reasonable
time, shall be disposed of as otherwise provided by law.
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(d) PROPERTY SUBJECT TO COURT PROCEEDING FOR FORFEITURE.—
(1) NOTIFICATION OF ADMINISTRATOR.—If a proceeding has begun
for the forfeiture of any property by court decree, the agency which
seized the property immediately shall notify the Administrator and at
the same time may file with the Administrator a request for the prop-
erty for its official use.
(2) APPLICATION FOR COURT ORDER.—
(A) PARTY TO WHOM PROPERTY MAY BE DELIVERED.—Before
entry of a decree, the Administrator shall apply to the court to
order delivery of the property—
(i) to the agency filing the request;
(ii) if a request has not been filed, to another agency that
requests the property and that the Administrator believes
should be given the property; or
(iii) to the agency that seized the property if the agency
has not requested it, no other agency has requested the prop-
erty, the Administrator believes that no other agency should
be given the property, and the Administrator believes the
property may later become necessary to any agency for offi-
cial use, and the agency shall retain the property in its cus-
tody.
(B) ORDER OF ADMINISTRATOR.—The Administrator within a
reasonable time shall order the agency to which property is or-
dered delivered under subclause (A)(iii) to—
(i) deliver the property to another agency that requests the
property and that the Administrator believes should be given
the property; or
(ii) dispose of the property as otherwise provided by law.
(3) FORFEITURE DECREED.—If forfeiture is decreed and the prop-
erty is not ordered by competent authority to be returned to any claim-
ant, the court shall order delivery as provided in paragraph (2).
(4) WHEN NO APPLICATION MADE.—The court shall dispose of prop-
erty for which no application is made in accordance with law.
(e) RETENTION OR DELIVERY OF PROPERTY DEEMED SALE.—Retention
or delivery of forfeited or abandoned property under this section is deemed
to be a sale of the property for the purpose of laws providing for informer’s
fees or remission or mitigation of a forfeiture. Property acquired under this
section when no longer needed for official use shall be disposed of in the
same manner as other surplus property.
(f) PAYMEMT OF COSTS RELATED TO PROPERTY.—
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(1) AVAILABILITY OF APPROPRIATIONS.—The appropriation available
to an agency for the purchase, hire, operation, maintenance, and repair
of any property is available for—
(A) the payment of expenses of operation, maintenance, and re-
pair of property of the same kind the agency receives under this
section for official use;
(B) the payment of a lien recognized and allowed under law;
(C) the payment of amounts found to be due a person on the
authorized remission or mitigation of a forfeiture; and
(D) reimbursement of other agencies as provided in paragraph
(2).
(2) PAYMENT AND REIMBURSEMENT OF CERTAIN COSTS.—The agen-
cy that receives property under this section shall pay the cost of haul-
ing, transporting, towing, and storing the property. If the property is
later delivered to another agency for official use under this section, the
agency to which the property is delivered shall make reimbursement for
all of those costs incurred prior to the date the property is delivered.
(g) REPORT.—With the approval of the Secretary of the Treasury, the
Administrator may require an agency to make a report of all property aban-
doned to it or seized and the disposal of the property.
(h) ADMINISTRATIVE.—
(1) REGULATIONS.—With the approval of the Secretary, the Admin-
istrator may prescribe regulations necessary to carry out this section.
(2) OTHER LAWS NOT REPEALED.—This section does not repeal any
other laws relating to the disposition of forfeited or abandoned prop-
erty, except provisions of those laws directly in conflict with this sec-
tion.
(3) PROPERTY NOT SUBJECT TO ALLOCATION UNDER THIS SEC-
TION.—The following classes of property are not subject to allocation
under this section, but shall be disposed of in the manner otherwise
provided by law:
(A) narcotic drugs, as defined in the Controlled Substances Act
(21 U.S.C. 801 et seq.).
(B) firearms, as defined in section 5845 of the Internal Revenue
Code of 1986 (26 U.S.C. 5845).
(C) other classes or kinds of property the disposal of which the
Administrator, with the approval of the Secretary, may consider
in the public interest, and may by regulation provide.
§ 1307. Disposition of securities
The President, or an officer, agent, or agency the President may des-
ignate, may dispose of any securities acquired on behalf of the Federal Gov-
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ernment under the provisions of the Transportation Act of 1920 (ch. 91,
41 Stat. 456), including any securities acquired as an incident to a case
under title 11, under a receivership or reorganization proceeding, by assign-
ment, transfer, substitution, or issuance, or by acquisition of collateral given
for the payment of obligations to the Government, or may make arrange-
ments for the extension of the maturity of the securities, in the manner,
in amounts, at prices, for cash, securities, or other property or any combina-
tion of cash, securities, or other property, and on terms and conditions the
President or designee considers advisable and in the public interest.
§ 1308. Disposition of unfit horses and mules
Subject to applicable regulations under this subtitle and title III of the
Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251
et seq.), horses and mules belonging to the Federal Government that have
become unfit for service may be destroyed or put out to pasture, either on
pastures belonging to the Government or those belonging to financially
sound and reputable humane organizations whose facilities permit them to
care for the horses and mules during the remainder of their natural lives,
at no cost to the Government.
§ 1309. Preservation, sale, or collection of wrecked, aban-
doned, or derelict property
The Administrator of General Services may make contracts and provi-
sions for the preservation, sale, or collection of property, or the proceeds
of property, which may have been wrecked, abandoned, or become derelict,
if the Administrator considers the contracts and provisions to be in the in-
terest of the Federal Government and the property is within the jurisdiction
of the Government and should come to the United States. A contract may
provide compensation the Administrator considers just and reasonable to
any person who gives information about the property or actually preserves,
collects, surrenders, or pays over the property. No costs or claim shall be-
come chargeable to the Government in obtaining, preserving, collecting, or
receiving property or making property available.
§ 1310. Sale of war supplies, land, and buildings
(a) IN GENERAL.—The President, through the head of any executive de-
partment and on terms the head of the department considers expedient,
may sell to a person, another department of the Federal Government, or
the government of a foreign country engaged in war against a country with
which the United States is at war—
(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the
plant or factory may be situated, acquired since April 6, 1917, for the
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production of war supplies, materials, and equipment that, during the
emergency existing on July 9, 1918, may have been purchased, ac-
quired, or manufactured by the Government.
(b) LIMITATION ON SALE OF GUNS AND AMMUNITION.—Sales of guns
and ammunition authorized under any law shall be limited to—
(1) other departments of the Government;
(2) governments of foreign countries engaged in war against a coun-
try with which the United States is at war; and
(3) members of the National Rifle Association and of other recog-
nized associations organized in the United States for the encourage-
ment of small-arms target practice.
§ 1311. Authority of President to obtain release
For the use or benefit of the Federal Government, the President may ob-
tain from an individual or officer to whom land has been or will be conveyed
a release of the individual’s or officer’s interest to the Government.
§ 1312. Release of real estate in certain cases
(a) IN GENERAL.—Real estate that has become the property of the Fed-
eral Government in payment of a debt which afterward is fully paid in
money and received by the Government may be conveyed by the Adminis-
trator of General Services to the debtor from whom it was taken or to the
heirs or devisees of the debtor or the person that they may appoint.
(b) NONAPPLICATION.—This section does not apply to real estate the
Government acquires in payment of any debt arising under the Internal
Revenue Code of 1986 (26 U.S.C. 1 et seq.).
§ 1313.
Releasing property from attachment
(a) STIPULATION OF DISCHARGE.—
(1) PERSON ASSERTING CLAIM ENTITLED TO BENEFITS.—In a judi-
cial proceeding under the laws of a State, district, territory, or posses-
sion of the United States, when property owned or held by the Federal
Government, or in which the Government has or claims an interest, is
seized, arrested, attached, or held for the security or satisfaction of a
claim made against the property, the Attorney General may direct the
United States Attorney for the district in which the property is located
to enter a stipulation that on discharge of the property from the sei-
zure, arrest, attachment, or proceeding, the person asserting the claim
against the property becomes entitled to all the benefits of this section.
(2) NONAPPLICATION.—This subsection does not—
(A) recognize or concede any right to enforce by seizure, arrest,
attachment, or any judicial process a claim against property—
(i) of the Government; or
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(ii) held, owned, or employed by the Government, or by a
department of the Government, for a public use; or
(B) waive an objection to a proceeding brought to enforce the
claim.
(b) PAYMENT.—After a discharge, a final judgment which affirms the
claim for the security or satisfaction and the right of the person asserting
the claim to enforce it against the property, notwithstanding the claims of
the Government, is deemed to be a full and final determination of the rights
of the person and entitles the person, as against the Government, to the
rights the person would have had if possession of the property had not been
changed. When the claim is for the payment of money found to be due,
presentation of an authenticated copy of the record of the judgment and
proceedings is sufficient evidence to the proper accounting officers for the
allowance of the claim, which shall be allowed and paid out of amounts in
the Treasury not otherwise appropriated. The amount allowed and paid
shall not exceed the value of the interest of the Government in the property.
§ 1314. Easements
(a) DEFINITIONS.—In this section—
(1) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means an
executive department or independent establishment in the executive
branch of the Federal Government, including a wholly owned Govern-
ment corporation.
(2) REAL PROPERTY OF THE GOVERNMENT.—The term ‘‘real prop-
erty of the Government’’ excludes—
(A) public land (including minerals, vegetative, and other re-
sources) in the United States, including—
(i) land reserved or dedicated for national forest purposes;
(ii) land the Secretary of the Interior administers or super-
vises in accordance with the Act of August 25, 1916 (16
U.S.C. 1, 2, 3, 4) (known as the National Park Service Or-
ganic Act);
(iii) Indian-owned trust and restricted land; and
(iv) land the Government acquires primarily for fish and
wildlife conservation purposes and the Secretary administers;
(B) land withdrawn from the public domain primarily under the
jurisdiction of the Secretary; and
(C) land acquired for national forest purposes.
(3) STATE.—The term ‘‘State’’ means a State of the United States,
the District of Columbia, Puerto Rico, and the territories and posses-
sions of the United States.