107TH CONGRESS
2D SESSION
H. R. 2068
AN ACT
To revise, codify, and enact without substantive change cer-
tain general and permanent laws, related to public build-
ings, property, and works, as title 40, United States
Code, ‘‘Public Buildings, Property, and Works’’.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. TITLE 40, UNITED STATES CODE.
Certain general and permanent laws of the United States, related to pub-
lic buildings, property, and works, are revised, codified, and enacted as title
40, United States Code, ‘‘Public Buildings, Property, and Works’’, as fol-
lows:
TITLE 40—PUBLIC BUILDINGS,
PROPERTY, AND WORKS
SUBTITLE
Sec.
I.
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ................
101
II.
PUBLIC BUILDINGS AND WORKS ...........................................................
3101
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—