HR 2068 RFS
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.
HR 2068 RFS
§ 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
HR 2068 RFS
(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.
HR 2068 RFS
§ 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.
HR 2068 RFS
§ 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—
HR 2068 RFS
(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.
HR 2068 RFS
(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
HR 2068 RFS
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.
HR 2068 RFS
§ 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
HR 2068 RFS
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).
(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) Programming capital improvements and other major expendi-
tures, based on a determination of relative urgency, together with de-
finitive financial planning for expenditures in the earlier years of a pro-
gram.
(4) Coordinating related plans and activities of state and local gov-
ernments and agencies.
HR 2068 RFS
(5) Preparing regulatory and administrative measures to support ac-
tivities described in this subsection.
§ 905. Waiver
The procedures prescribed in sections 903 and 904 of this title may be
waived during a period of national emergency proclaimed by the President.
CHAPTER 11—SELECTION OF ARCHITECTS AND
ENGINEERS
Sec.
1101.
Policy.
1102.
Definitions.
1103.
Selection procedure.
1104.
Negotiation of contract.
§ 1101. Policy
The policy of the Federal Government is to publicly announce all require-
ments for architectural and engineering services and to negotiate contracts
for architectural and engineering services on the basis of demonstrated com-
petence and qualification for the type of professional services required and
at fair and reasonable prices.
§ 1102. Definitions
In this chapter, the following definitions apply:
(1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a
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.
HR 2068 RFS
(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.
HR 2068 RFS
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
HR 2068 RFS
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.