and the buildings under the jurisdiction of the regents of the Smithso-
nian Institution.
§ 583. Construction of buildings
(a) AUTHORITY.—At the request of a federal agency, a mixed-ownership
Government corporation (as defined in chapter 91 of title 31), or the Dis-
trict of Columbia, the Administrator of General Services may—
(1) acquire land for a building or project authorized by Congress;
(2) make or cause to be made (under contract or otherwise) surveys
and test borings and prepare plans and specifications for a building or
project prior to the Attorney General’s approval of the title to the site;
and
(3) contract for, and supervise, the construction, development, and
equipping of a building or project.
(b) TRANSFER OF AMOUNTS.—An amount available to a federal agency
or instrumentality for a building or project may be transferred, in advance,
to the General Services Administration for purposes the Administrator de-
termines are necessary, including payment of salaries and expenses for pre-
paring plans and specifications and for field supervision.
§ 584. Assignment and reassignment of space
(a) AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (2), the Administrator of
General Services may assign or reassign space for an executive agency
in any Federal Government-owned or leased building.
(2) REQUIREMENTS.—The Administrator’s authority under para-
graph (1) may be exercised only—
(A) in accordance with policies and directives the President pre-
scribes under section 121(a) of this title;
(B) after consultation with the head of the executive agency af-
fected; and
(C) on a determination by the Administrator that the assign-
ment or reassignment is advantageous to the Government in terms
of economy, efficiency, or national security.
(b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pe-
destrian access level (other than space leased under section 581(h)(1) or (2)
of this title), the Administrator shall, where practicable, give priority to fed-
eral activities requiring regular contact with the public. If the space is not
available, the Administrator shall provide space with maximum ease of ac-
cess to building entrances.
§ 585. Lease agreements
(a) IN GENERAL.—
(1) AUTHORITY.—The Administrator of General Services may enter
into a lease agreement with a person, copartnership, corporation, or
other public or private entity for the accommodation of a federal agen-
cy in a building (or improvement) which is in existence or being erected
by the lessor to accommodate the federal agency. The Administrator
may assign and reassign the leased space to a federal agency.
(2) TERMS.—A lease agreement under this subsection shall be on
terms the Administrator considers to be in the interest of the Federal
Government and necessary for the accommodation of the federal agen-
cy. However, the lease agreement may not bind the Government for
more than 20 years and the obligation of amounts for a lease under
this subsection is limited to the current fiscal year for which payments
are due without regard to section 1341(a)(1)(B) of title 31.
(b) SUBLEASE.—
(1) APPLICATION.—This subsection applies to rent received if the
Administrator—
(A) determines that an unexpired portion of a lease of space to
the Government is surplus property; and
(B) disposes of the property by sublease.
(2) USE OF RENT.—Notwithstanding section 571(a) of this title, the
Administrator may deposit rent received into the Federal Buildings
Fund. The Administrator may defray from the fund any costs nec-
essary to provide services to the Government’s lessee and to pay the
rent (not otherwise provided for) on the lease of the space to the Gov-
ernment.
(c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV-
ERNMENT LAND.—Amounts made available to the General Services Admin-
istration for the payment of rent may be used to lease space, for a period
of not more than 30 years, in buildings erected on land owned by the Gov-
ernment.
§ 586. Charges for space and services
(a) DEFINITION.—In this section, ‘‘space and services’’ means space,
services, quarters, maintenance, repair, and other facilities.
(b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—
(1) IN GENERAL.—The Administrator of General Services shall im-
pose a charge for furnishing space and services.
(2) RATES.—The Administrator shall, from time to time, determine
the rates to be charged for furnishing space and services and shall pre-
scribe regulations providing for the rates. The rates shall approximate
commercial charges for comparable space and services. However, for a
building for which the Administrator is responsible for alterations only
(as the term ‘‘alter’’ is defined in section 3301(a) of this title), the
rates shall be fixed to recover only the approximate cost incurred in
providing alterations.
(3) EXEMPTIONS.—The Administrator may exempt anyone from the
charges required by this subsection when the Administrator determines
that charges would be infeasible or impractical. To the extent an ex-
emption is granted, appropriations to the General Services Administra-
tion are authorized to reimburse the Federal Buildings Fund for any
loss of revenue.
(c) CHARGES BY EXECUTIVE AGENCIES.—
(1) IN GENERAL.—An executive agency, other than the Administra-
tion, may impose a charge for furnishing space and services at rates
approved by the Administrator.
(2) CREDITING AMOUNTS RECEIVED.—An amount an executive agen-
cy receives under this subsection shall be credited to the appropriation
or fund initially charged for providing the space or service. However,
amounts in excess of actual operating and maintenance costs shall be
credited to miscellaneous receipts unless otherwise provided by law.
(d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent
payments to the Administration for lease space relating to expansion needs
of the agency. Payment rates shall approximate commercial charges for
comparable space as provided in subsection (b). Payments shall be deposited
into the Federal Buildings Fund. The Administration may use amounts re-
ceived under this subsection, in addition to amounts received as New
Obligational Authority, in the Rental of Space activity of the Fund.
§ 587. Telecommuting and other alternative workplace ar-
rangements
(a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’
means flexiplace work telecommuting centers.
(b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF
GENERAL SERVICES.—
(1) ESTABLISHMENT.—The Administrator of General Services may
acquire space for, establish, and equip telecommuting centers for use
in accordance with this subsection.
(2) USE.—A telecommuting center may be used by employees of fed-
eral agencies, state and local governments, and the private sector. The
Administrator shall give federal employees priority in using a telecom-
muting center. The Administrator may make a telecommuting center
available for use by others to the extent it is not fully utilized by fed-
eral employees.
(3) USER FEES.—The Administrator shall charge a user fee for the
use of a telecommuting center. The amount of the user fee shall ap-
proximate commercial charges for comparable space and services. How-
ever, the user fee may not be less than necessary to pay the cost of
establishing and operating the telecommuting center, including the rea-
sonable cost of renovation and replacement of furniture, fixtures, and
equipment.
(4) DEPOSIT AND USE OF FEES.—The Administrator may—
(A) deposit user fees into the Federal Buildings Fund and use
the fees to pay costs incurred in establishing and operating the
telecommuting center; and
(B) accept and retain income received by the General Services
Administration, from federal agencies and non-federal sources, to
defray costs directly associated with the functions of telecom-
muting centers.
(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY
EXECUTIVE AGENCIES AND OTHERS.—
(1) DEFINITION.—In this subsection, the term ‘‘alternative work-
place arrangements’’ includes telecommuting, hoteling, virtual offices,
and other distributive work arrangements.
(2) CONSIDERATION
BY
EXECUTIVE
AGENCIES.—In considering
whether to acquire space, quarters, buildings, or other facilities for use
by employees, the head of an executive agency shall consider whether
needs can be met using alternative workplace arrangements.
(3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro-
vide guidance, assistance, and oversight to any person regarding the es-
tablishment and operation of alternative workplace arrangements.
(d) AMOUNTS AVAILABLE
FOR FLEXIPLACE WORK TELECOMMUTING
PROGRAMS.—
(1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele-
commuting program’’ means a program under which employees of a de-
partment or agency set out in paragraph (2) are permitted to perform
all or a portion of their duties at a telecommuting center established
under this section or other federal law.
(2) MINIMUM FUNDING.—For each of the following departments and
agencies, in each fiscal year at least $50,000 of amounts made avail-
able for salaries and expenses is available only for carrying out a
flexiplace work telecommuting program:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Housing and Urban Development.
(H) Department of the Interior.
(I) Department of Justice.
(J) Department of Labor.
(K) Department of State.
(L) Department of Transportation.
(M) Department of the Treasury.
(N) Department of Veterans Affairs.
(O) Environmental Protection Agency.
(P) General Services Administration.
(Q) Office of Personnel Management.
(R) Small Business Administration.
(S) Social Security Administration.
(T) United States Postal Service.
§ 588. Movement and supply of office furniture
(a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a
substantial and identifiable segment of space (such as a building, floor, or
wing) in a location that the Administrator of General Services controls for
purposes of assignment of space.
(b) APPLICATION.—This section applies if an agency (or unit of the agen-
cy), moves from one controlled space to another, whether in the same or
a different location.
(c) MOVING EXISTING FURNITURE.—The furniture and furnishings used
by an agency (or organizational unit of the agency) shall be moved only if
the Administrator determines, after consultation with the head of the agen-
cy and with due regard for the program activities of the agency, that it
would not be more economical and efficient to make suitable replacements
available in the new controlled space.
(d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter-
mination under subsection (c), suitable furniture and furnishings for the
new controlled space shall be provided from stocks under the control of the
moving agency or from stocks available to the Administrator, whichever the
Administrator determines to be more economical and efficient. However, the
same or similar items may not be provided from both sources.
(e) CONTROL
OF REPLACEMENT FURNITURE.—If furniture and fur-
nishings for a new controlled space are provided from stocks available to
the Administrator, the items being provided remain in the control of the Ad-
ministrator.
§ 590. Child care
(a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General
Services Administration’s licensing agreements, the Administrator of Gen-
eral Services shall provide guidance, assistance, and oversight to federal
agencies for the development of child care centers to provide economical and
effective child care for federal workers.
(b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—
(1) DEFINITIONS.—In this subsection, the following definitions
apply:
(A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’
means an individual or entity that provides or proposes to provide
child care services for federal employees.
(B) ALLOTMENT
OFFICER.—The term ‘‘allotment officer’’
means an officer or agency of the Federal Government charged
with the allotment of space in federal buildings.
(2) ALLOTMENT.—A child care provider may be allotted space in a
federal building by an allotment officer if—
(A) the child care provider applies to the allotment officer in the
community or district in which child care services are to be pro-
vided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care services to
children of whom at least 50 percent have one parent or
guardian employed by the Government; and
(ii) the child care provider will give priority to federal em-
ployees for available child care services in the space.
(c) PAYMENT FOR SPACE AND SERVICES.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘serv-
ices’’ includes the providing of lighting, heating, cooling, electricity, of-
fice furniture, office machines and equipment, classroom furnishings
and equipment, kitchen appliances, playground equipment, telephone
service (including installation of lines and equipment and other ex-
penses associated with telephone services), and security systems (in-
cluding installation and other expenses associated with security sys-
tems), including replacement equipment, as needed.
(2) NO CHARGE.—Space allotted under subsection (b) may be pro-
vided without charge for rent or services.
(3) REIMBURSEMENT FOR COSTS.—For space allotted under sub-
section (b), if there is an agreement for the payment of costs associated
with providing space or services, neither title 31, nor any other law,
prohibits or restricts payment by reimbursement to the miscellaneous
receipts or other appropriate account of the Treasury.
(d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility
in its space, or is a sponsoring agency for a child care facility in other fed-
eral or leased space, the agency or the Administration may—
(1) pay accreditation fees, including renewal fees, for the child care
facility to be accredited by a nationally recognized early-childhood pro-
fessional organization;
(2) pay travel and per diem expenses for representatives of the child
care facility to attend the annual Administration child care conference;
and
(3) enter into a consortium with one or more private entities under
which the private entities assist in defraying costs associated with the
salaries and benefits for personnel providing services at the facility.
(e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding sec-
tion 1345 of title 31, an agency, department, or instrumentality of the Gov-
ernment that provides or proposes to provide child care services for federal
employees may reimburse a federal employee or any individual employed to
provide child care services for travel, transportation, and subsistence ex-
penses incurred for training classes, conferences, or other meetings in con-
nection with providing the services. A per diem allowance made under this
subsection may not exceed the rate specified in regulations prescribed under
section 5707 of title 5.
(f) CRIMINAL HISTORY BACKGROUND CHECKS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive facility’’
means a facility owned or leased by an office or entity within the execu-
tive branch of the Government. The term includes a facility owned or
leased by the General Services Administration on behalf of an office or
entity within the judicial branch of the Government.
(2) IN GENERAL.—All workers in a child care center located in an
executive facility shall undergo a criminal history background check as
defined in section 231 of the Crime Control Act of 1990 (42 U.S.C.
13041).
(3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This
subsection does not apply to a facility owned by or leased on behalf
of an office or entity within the legislative branch of the Government.
(g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘Execu-
tive agency’’ has the meaning given that term in section 105 of title
5, but does not include the General Accounting Office.
(2) IN GENERAL.—In accordance with regulations the Office of Per-
sonnel Management prescribes, an Executive agency that provides or
proposes to provide child care services for federal employees may use
appropriated amounts that are otherwise available for salaries and ex-
penses to provide child care in a federal or leased facility, or through
contract, for civilian employees of the agency.
(3) AFFORDABILITY.—Amounts used pursuant to paragraph (2)
shall be applied to improve the affordability of child care for lower in-
come federal employees using or seeking to use the child care services.
(4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts
may be paid in advance to licensed or regulated child care providers
for services to be rendered during an agreed period.
(5) NOTIFICATION.—No amounts made available by law may be used
to implement this subsection without advance notice to the Committees
on Appropriations of the House of Representatives and the Senate.
§ 591. Purchase of electricity
(a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agen-
cy, or instrumentality of the Federal Government may not use amounts ap-
propriated or made available by any law to purchase electricity in a manner
inconsistent with state law governing the provision of electric utility service,
including—
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under
state statute, state regulation, or state-approved territorial agreements.
(b) EXCEPTIONS.—
(1) ENERGY SAVINGS.—This section does not preclude the head of
a federal agency from entering into a contract under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287).
(2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section
does not preclude the Secretary of a military department from—
(A) entering into a contract under section 2394 of title 10; or
(B) purchasing electricity from any provider if the Secretary
finds that the utility having the applicable state-approved fran-
chise (or other service authorization) is unwilling or unable to
meet unusual standards of service reliability that are necessary for
purposes of national defense.
§ 592. Federal Buildings Fund
(a) EXISTENCE.—There is in the Treasury a fund known as the Federal
Buildings Fund.
(b) DEPOSITS.—
(1) IN GENERAL.—The following revenues and collections shall be
deposited into the Fund:
(A) User charges under section 586(b) of this title, payable in
advance or otherwise.
(B) Proceeds from the lease of federal building sites or addi-
tions under section 581(d) of this title.
(C) Receipts from carriers and others for loss of, or damage to,
property belonging to the Fund.
(2) REIMBURSEMENTS
FOR
SPECIAL
SERVICES.—This subchapter
does not preclude the Administrator of General Services from providing
special services, not included in the standard level user charge, on a
reimbursable basis. The reimbursements may be credited to the Fund.
(3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumula-
tion of excessive surpluses in the Fund, in any fiscal year an amount
specified in an appropriation law may be transferred out of the Fund
and deposited as miscellaneous receipts in the Treasury.
(c) USES.—
(1) IN GENERAL.—Deposits in the Fund are available for real prop-
erty management and related activities in the amounts specified in an-
nual appropriation laws without regard to fiscal year limitations.
(2) SALARIES
AND
EXPENSES
RELATED
TO
CONSTRUCTION
PROJECTS OR PLANNING PROGRAMS.—Deposits in the Fund that are
available pursuant to annual appropriation laws may be transferred
and consolidated on the books of the Treasury into a special account
in accordance with, and for the purposes specified in, section 3176 of
this title.
(3) REPAYMENT
OF
GENERAL
SERVICES
ADMINISTRATION
BOR-
ROWING FROM FEDERAL FINANCING BANK.—The Administrator, in ac-
cordance with rules and procedures that the Office of Management and
Budget and the Secretary of the Treasury establish, may transfer from
the Fund an amount necessary to repay the principal amount of a Gen-
eral Services Administration borrowing from the Federal Financing
Bank, if the borrowing is a legal obligation of the Fund.
(4) BUILDINGS
DEEMED
FEDERALLY
OWNED.—For purposes of
amounts authorized to be expended from the Fund, the following are
deemed to be federally owned buildings:
(A) A building constructed pursuant to the purchase contract
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-
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.
§ 593. Protection for veterans preference employees
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) COVERED SERVICES.—The term ‘‘covered services’’ means any
guard, elevator operator, messenger, or custodial services.
(2) SHELTERED
WORKSHOP.—The term ‘‘sheltered workshop’’
means a sheltered workshop employing the severely handicapped under
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).
(b) IN GENERAL.—Except as provided in subsection (c), amounts made
available to the Administration pursuant to section 592 of this title may not
be obligated or expended to procure covered services by contract if an em-
ployee who was a permanent veterans preference employee of the Adminis-
tration on November 19, 1995, would be terminated as a result.
(c) EXCEPTION.—Amounts made available to the Administration pursu-
ant to section 592 of this title may be obligated and expended to procure
covered services by contract with a sheltered workshop or, if sheltered work-
shops decline to contract for the provision of covered services, by competitive
contract for a period of no longer than 5 years. When a competitive contract
expires, or is terminated for any reason, the Administration shall again offer
to procure the covered services by contract with a sheltered workshop before
procuring the covered services by competitive contract.
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND
TRANSPORTATION SYSTEMS
§ 601. Purposes
In order to provide an economical and efficient system for transportation
of Federal Government personnel and property consistent with section 101
of this title, the purposes of this subchapter are—
(1) to establish procedures to ensure safe operation of motor vehicles
on Government business;
(2) to provide for proper identification of Government motor vehicles;
(3) to establish an effective means to limit the use of Government
motor vehicles to official purposes;
(4) to reduce the number of Government-owned vehicles to the min-
imum necessary to transact public business; and
(5) to provide wherever practicable for centrally operated interagency
pools or systems for local transportation of Government personnel and
property.
§ 602. Authority to establish motor vehicle pools and trans-
portation systems
(a) IN GENERAL.—Subject to section 603 of this title, and regulations
issued under section 603, the Administrator of General Services shall—
(1) take over from executive agencies and consolidate, or otherwise
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-
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
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 territories and possessions of the United States.
(b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe
standards of physical fitness for authorized operators. The regulations may
require operators and prospective operators to obtain state and local licenses
or permits that are required to operate similar vehicles for other than 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
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—
(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 in the Treasury as miscella-
neous 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.
§ 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
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 IN TREASURY AS MISCELLANEOUS RECEIPTS.—Ex-
cept 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 in 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
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-
ticable, consider all the 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 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).
§ 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.
§ 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.
1310.
Sale of war supplies, land, and buildings.
1311.
Authority of President to obtain release.
1312.
Release of real estate in certain cases.
1313.
Releasing property from attachment.
1314.
Easements.
1315.
Special police.
§ 1301. Charge of property transferred to the Federal 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 in the Treasury as miscella-
neous 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 wholly owned Government corporations.
(b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—
(1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec-
ommendation of the Administrator of General Services, or the federal
agency having control of any real property the agency acquires that is
located outside of the District of Columbia, other than military or naval
reservations, declares the property to be surplus to the needs of the
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.—
(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.