H. R. 2068
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To revise, codify, and enact without substantive change certain general and perma-
nent laws, related to public buildings, 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 public buildings, property, and works, are revised, codified, and
enacted as title 40, United States Code, ‘‘Public Buildings, Property,
and Works’’, as follows:
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.
H. R. 2068—2
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 serv-
ices, and performing related functions including contracting,
inspection, storage, issue, setting specifications, identification
and classification, transportation and traffic management,
establishment of pools or systems for transportation of Govern-
ment 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 regulatory 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, conserving, and transporting excess and
surplus property; and
(B) rendering innocuous, or destroying, property that
is dangerous to public health or safety.
(2) CONTRACTOR
INVENTORY.—The term ‘‘contractor inven-
tory’’ means—
(A) property, in excess of amounts needed to complete
full performance, 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 termination 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
property under the control of a federal agency that the head
of the agency determines is not required to meet the agency’s
needs or responsibilities.
(4) EXECUTIVE
AGENCY.—The term ‘‘executive agency’’
means—
H. R. 2068—3
(A) an executive department or independent establish-
ment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an
executive 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
property’’ 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 Micronesia, 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,
combat, 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
investigative, 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 serv-
ices’’ means contractual services designated by the Adminis-
trator of General Services, other than personal and professional
services.
(9) PROPERTY.—The term ‘‘property’’ means any interest in
property 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 determines 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 Secretary, with the concurrence of the Adminis-
trator, 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
excess property that the Administrator determines is not
required to meet the needs or responsibilities of all federal
agencies.
H. R. 2068—5
§ 113. Limitations
(a) IN GENERAL.—Except as otherwise provided in this section,
the authority conferred by this subtitle is in addition to any other
authority conferred by law and is not subject to any inconsistent
provision of law.
(b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCURE-
MENT POLICY ACT.—The authority conferred by this subtitle is
subject to the Office of Federal Procurement Policy Act (41 U.S.C.
401 et seq.).
(c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS
AND AGENCIES.—Sections 121(b) and 506(c) of this title do not
apply to a Government corporation or agency that is subject to
chapter 91 of title 31.
(d) LIMITATION REGARDING CONGRESS.—This subtitle does not
apply to the Senate or the House of Representatives (including
the Architect of the Capitol and any building, activity, or function
under the direction of the Architect). However, services and facilities
authorized by this subtitle shall, as far as practicable, be made
available to the Senate, the House of Representatives, and the
Architect of the Capitol on their request. If payment would be
required for providing a similar service or facility to an executive
agency, payment shall be made by the recipient, on presentation
of proper vouchers, in advance or by reimbursement (as may be
agreed upon by the Administrator of General Services and the
officer or body making the request). The payment may be credited
to the applicable appropriation of the executive agency receiving
the payment.
(e) OTHER LIMITATIONS.—Nothing in this subtitle impairs or
affects the authority of—
(1) the President under the Philippine Property Act of 1946
(22 U.S.C. 1381 et seq.);
(2) an executive agency, with respect to any program con-
ducted for purposes of resale, price support, grants to farmers,
stabilization, transfer to foreign governments, or foreign aid,
relief, or rehabilitation, but the agency carrying out the pro-
gram shall, to the maximum extent practicable, consistent with
the purposes of the program and the effective, efficient conduct
of agency business, coordinate its operations with the require-
ments of this subtitle and with policies and regulations pre-
scribed under this subtitle;
(3) an executive agency named in chapter 137 of title 10,
and the head of the agency, with respect to the administration
of that chapter;
(4) the Secretary of Defense with respect to property required
for or located in occupied territories;
(5) the Secretary of Defense with respect to the administra-
tion of section 2535 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army,
Navy, and Air Force with respect to the administration of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings
Act, 1926 (22 U.S.C. 292 et seq.);
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act
(42 U.S.C. 1751 et seq.);
H. R. 2068—6
(B) the Farmers Home Administration Act of 1946 (ch.
964, 60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C.
612c), with respect to the exportation and domestic
consumption of agricultural products;
(D) section 201 of the Agricultural Adjustment Act of
1938 (7 U.S.C. 1291); or
(E) section 203(j) of the Agricultural Marketing Act of
1946 (7 U.S.C. 1622(j));
(9) an official or entity under the Farm Credit Act of 1971
(12 U.S.C. 2001 et seq.), with respect to the acquisition or
disposal of property;
(10) the Secretary of Housing and Urban Development or
the Federal Deposit Insurance Corporation (or an officer of
the Corporation) with respect to the disposal of—
(A) residential property; or
(B) other property—
(i) acquired or held as part of, or in connection with,
residential property; or
(ii) held in connection with the insurance of mort-
gages, loans, or savings association accounts under
the National Housing Act (12 U.S.C. 1701 et seq.),
the Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonper-
sonal services, with respect to section 501(c) of this title, and
with respect to property acquired in connection with a program
of processing, manufacture, production, or force account
construction, but the Authority shall, to the maximum extent
it considers practicable, consistent with the purposes of its
program and the effective, efficient conduct of its business,
coordinate its operations with the requirements of this subtitle
and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Com-
merce with respect to the disposal of airport property and
airway property (as those terms are defined in section 47301
of title 49) for use as such property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisi-
tion, procurement, operation, maintenance, preservation, sale,
lease, charter, construction, reconstruction, or reconditioning
(including outfitting and equipping incidental to construction,
reconstruction, or reconditioning) of a merchant vessel or ship-
yard, ship site, terminal, pier, dock, warehouse, or other
installation necessary or appropriate for carrying out a program
of the Administration authorized by law or nonadministrative
activities incidental to a program of the Administration author-
ized by law, but the Administration shall, to the maximum
extent it considers practicable, consistent with the purposes
of its programs and the effective, efficient conduct of its activi-
ties, coordinate its operations with the requirements of this
subtitle and with policies and regulations prescribed under
this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any
other law;
H. R. 2068—7
(18) the Secretary of the Interior with respect to procurement
for program operations under the Bonneville Project Act of
1937 (16 U.S.C. 832 et seq.); or
(19) the Secretary of State with respect to the furnishing
of facilities in foreign countries and reception centers within
the United States.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§ 121. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may
prescribe policies and directives that the President considers nec-
essary to carry out this subtitle. The policies must be consistent
with this subtitle.
(b) ACCOUNTING PRINCIPLES AND STANDARDS.—
(1) PRESCRIPTION.—The Comptroller General, after consid-
ering the needs and requirements of executive agencies, shall
prescribe principles and standards of accounting for property.
(2) PROPERTY ACCOUNTING SYSTEMS.—The Comptroller Gen-
eral shall cooperate with the Administrator of General Services
and with executive agencies in the development of property
accounting systems and approve the systems when they are
adequate and in conformity with prescribed principles and
standards.
(3) COMPLIANCE REVIEW.—From time to time the Comptroller
General shall examine the property accounting systems estab-
lished by executive agencies to determine the extent of compli-
ance with prescribed principles and standards and approved
systems. The Comptroller General shall report to Congress
any failure to comply with the principles and standards or
to adequately account for property.
(c) REGULATIONS BY ADMINISTRATOR.—
(1) GENERAL AUTHORITY.—The Administrator may prescribe
regulations to carry out this subtitle.
(2) REQUIRED REGULATIONS AND ORDERS.—The Administrator
shall prescribe regulations that the Administrator considers
necessary to carry out the Administrator’s functions under this
subtitle and the head of each executive agency shall issue
orders and directives that the agency head considers necessary
to carry out the regulations.
(d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Administrator may delegate authority conferred on the
Administrator by this subtitle to an official in the General
Services Administration or to the head of another federal
agency. The Administrator may authorize successive redelega-
tion of authority conferred by this subtitle.
(2) EXCEPTIONS.—The Administrator may not delegate—
(A) the authority to prescribe regulations on matters
of policy applying to executive agencies;
(B) the authority to transfer functions and related allo-
cated amounts from one component of the Administration
to another under paragraphs (1)(C) and (2)(A) of subsection
(e); or
(C) other authority for which delegation is prohibited
by this subtitle.
H. R. 2068—8
(3) RETENTION AND USE OF RENTAL PAYMENTS.—A department
or agency to which the Administrator has delegated authority
to operate, maintain or repair a building or facility under
this subsection shall retain the portion of the rental payment
that the Administrator determines is available to operate, main-
tain or repair the building or facility. The department or agency
shall directly expend the retained amounts to operate, main-
tain, or repair the building or facility. Any amounts retained
under this paragraph shall remain available until expended
for these purposes.
(e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—
(1) IN
GENERAL.—The Administrator may provide for the
performance of a function assigned under this subtitle by any
of the following methods:
(A) The Administrator may direct the Administration
to perform the function.
(B) The Administrator may designate or establish a
component of the Administration and direct the component
to perform the function.
(C) The Administrator may transfer the function from
one component of the Administration to another.
(D) The Administrator may direct an executive agency
to perform the function for itself, with the consent of the
agency or by direction of the President.
(E) The Administrator may direct one executive agency
to perform the function for another executive agency, with
the consent of the agencies concerned or by direction of
the President.
(F) The Administrator may provide for performance of
a function by a combination of the methods described in
this paragraph.
(2) TRANSFER OF RESOURCES.—
(A) WITHIN ADMINISTRATION.—If the Administrator trans-
fers a function from one component of the Administration
to another, the Administrator may also provide for the
transfer of appropriate allocated amounts from the compo-
nent that previously carried out the function to the compo-
nent being directed to carry out the function. A transfer
under this subparagraph must be reported to the Director
of the Office of Management and Budget.
(B) BETWEEN AGENCIES.—If the Administrator transfers
a function from one executive agency to another (including
a transfer to or from the Administration), the Administrator
may also provide for the transfer of appropriate personnel,
records, property, and allocated amounts from the executive
agency that previously carried out the function to the execu-
tive agency being directed to carry out the function. A
transfer under this subparagraph is subject to approval
by the Director.
(f) ADVISORY COMMITTEES.—The Administrator may establish
advisory committees to provide advice on any function of the
Administrator under this subtitle. Members of the advisory commit-
tees shall serve without compensation but are entitled to transpor-
tation and not more than $25 a day instead of expenses under
section 5703 of title 5.
(g) CONSULTATION WITH FEDERAL AGENCIES.—The Administrator
shall advise and consult with interested federal agencies and seek
H. R. 2068—9
their advice and assistance to accomplish the purposes of this
subtitle.
(h) ADMINISTERING OATHS.—In carrying out investigative duties,
an officer or employee of the Administration, if authorized by the
Administrator, may administer an oath to an individual.
§ 122. Prohibition on sex discrimination
(a) PROHIBITION.—With respect to a program or activity carried
on or receiving federal assistance under this subtitle, an individual
may not be excluded from participation, denied benefits, or other-
wise discriminated against based on sex.
(b) ENFORCEMENT.—Subsection (a) shall be enforced through
agency provisions and rules similar to those already established
with respect to racial and other discrimination under title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However,
this remedy is not exclusive and does not prejudice or remove
any other legal remedies available to an individual alleging discrimi-
nation.
§ 123. Civil remedies for fraud
(a) IN GENERAL.—In connection with the procurement, transfer
or disposition of property under this subtitle, a person that uses
or causes to be used, or enters into an agreement, combination,
or conspiracy to use or cause to be used, a fraudulent trick, scheme,
or device for the purpose of obtaining or aiding to obtain, for
any person, money, property, or other benefit from the Federal
Government—
(1) shall pay to the Government an amount equal to the
sum of—
(A) $2,000 for each act;
(B) two times the amount of damages sustained by the
Government because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government,
as liquidated damages, an amount equal to two times the
consideration that the Government agreed to give to the person,
or that the person agreed to give to the Government; or
(3) if the Government elects, shall restore to the Government
the money or property fraudulently obtained, with the Govern-
ment retaining as liquidated damages, the money, property,
or other consideration given to the Government.
(b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil
remedies provided in this section are in addition to all other civil
remedies and criminal penalties provided by law.
(c) IMMUNITY OF GOVERNMENT OFFICIALS.—An officer or employee
of the Government is not liable (except for an individual’s own
fraud) or accountable for collection of a purchase price that is
determined to be uncollectible by the federal agency responsible
for property if the property is transferred or disposed of in accord-
ance with this subtitle and with regulations prescribed under this
subtitle.
(d) JURISDICTION AND VENUE.—
(1) DEFINITION.—In this subsection, the term ‘‘district court’’
means a district court of the United States or a district court
of a territory or possession of the United States.
(2) IN GENERAL.—A district court has original jurisdiction
of an action arising under this section, and venue is proper,
H. R. 2068—12
under section 3109 of title 5 to the extent the Administrator finds
necessary to carry out chapters 1, 3, and 5 of this title and title
III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.).
(c) PERSONNEL FROM OTHER AGENCIES.—Notwithstanding section
973 of title 10 or any other law, in carrying out functions under
this subtitle the Administrator may use the services of personnel
(including armed services personnel) from an executive agency other
than the General Services Administration with the consent of the
head of the agency.
(d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.—
The Administrator, in the Administrator’s discretion, may detail
field personnel of the Administration to the District of Columbia
for temporary duty for a period of not more than 30 days in
any one case. Subsistence or similar expenses may not be allowed
for an employee on temporary duty in the District of Columbia
under this paragraph.
§ 312. Transfer and use of amounts for major equipment
acquisitions
(a) IN GENERAL.—Subject to subsection (b), unobligated balances
of amounts appropriated or otherwise made available to the General
Services Administration for operating expenses and salaries and
expenses may be transferred and merged into the ‘‘Major equipment
acquisitions and development activity’’ of the Salaries and Expenses,
General Management and Administration appropriation account
for—
(1) agency-wide acquisition of capital equipment, automated
data processing systems; and
(2) financial management and management information sys-
tems needed to implement the Chief Financial Officers Act
of 1990 (Public Law 101–576, 104 Stat. 2838) and other laws
or regulations.
(b) REQUIREMENTS AND AVAILABILITY.—
(1) TIME FOR TRANSFER.—Transfer of an amount under this
section must be done no later than the end of the fifth fiscal
year after the fiscal year for which the amount is appropriated
or otherwise made available.
(2) APPROVAL FOR USE.—An amount transferred under this
section may be used only with the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate.
(3) AVAILABILITY.—An amount transferred under this section
remains available until expended.
§ 313. Tests of materials
(a) SCOPE.—This section applies to any article or commodity
tendered by a producer or vendor for sale or lease to the General
Services Administration or to any procurement authority acting
under the direction and control of the Administrator of General
Services pursuant to this subtitle.
(b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the
Administrator’s discretion and with the consent of the producer
or vendor, may have tests conducted, in a manner the Administrator
specifies, to—
(1) determine whether an article or commodity conforms to
prescribed specifications and standards; or
H. R. 2068—13
(2) aid in the development of specifications and standards.
(c) FEES.—
(1) IN GENERAL.—The Administrator shall charge the pro-
ducer or vendor a fee for the tests.
(2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST
OF
PRODUCER
OR
VENDOR.—If the Administrator determines
that conducting the tests predominantly serves the interest
of the producer or vendor, the Administrator shall fix the
fee in an amount that will recover the costs of conducting
the tests, including all components of the costs, determined
in accordance with accepted accounting principles.
(3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE
INTEREST OF PRODUCER OR VENDOR.—If the Administrator deter-
mines that conducting the tests does not predominantly serve
the interest of the producer or vendor, the Administrator shall
fix the fee in an amount the Administrator determines is
reasonable for furnishing the testing service.
SUBCHAPTER III—FUNDS
§ 321. General Supply Fund
(a) EXISTENCE.—The General Supply Fund is a special fund in
the Treasury.
(b) COMPOSITION.—
(1) IN GENERAL.—The Fund is composed of amounts appro-
priated to the Fund and the value, as determined by the
Administrator of General Services, of personal property trans-
ferred from executive agencies to the Administrator under sec-
tion 501(d) of this title to the extent that payment is not
made or credit allowed for the property.
(2) OTHER CREDITS.—
(A) IN GENERAL.—The Fund shall be credited with all
reimbursements, advances, and refunds or recoveries
relating to personal property or services procured through
the Fund, including—
(i) the net proceeds of disposal of surplus personal
property; and
(ii) receipts from carriers and others for loss of, or
damage to, personal property.
(B) REAPPROPRIATION.—Amounts credited under this
paragraph are reappropriated for the purposes of the Fund.
(3) DEPOSIT OF FEES.—Fees collected by the Administrator
under section 313 of this title may be deposited in the Fund
to be used for the purposes of the Fund.
(c) USES.—
(1) IN GENERAL.—The Fund is available for use by or under
the direction and control of the Administrator for—
(A) procuring, for the use of federal agencies in the
proper discharge of their responsibilities—
(i) personal property (including the purchase from
or through the Public Printer, for warehouse issue,
of standard forms, blankbook work, standard specifica-
tions, and other printed material in common use by
federal agencies and not available through the Super-
intendent of Documents); and
(ii) nonpersonal services;
H. R. 2068—14
(B) paying the purchase price, cost of transportation of
personal property and services, and cost of personal services
employed directly in the repair, rehabilitation, and conver-
sion of personal property; and
(C) paying other direct costs of, and indirect costs that
are reasonably related to, contracting, procurement, inspec-
tion, storage, management, distribution, and accountability
of property and nonpersonal services provided by the Gen-
eral Services Administration or by special order through
the Administration.
(2) OTHER USES.—The Fund may be used for the procurement
of personal property and nonpersonal services authorized to
be acquired by—
(A) mixed-ownership Government corporations;
(B) the municipal government of the District of Columbia;
or
(C) a requisitioning non-federal agency when the function
of a federal agency authorized to procure for it is trans-
ferred to the Administration.
(d) PAYMENT FOR PROPERTY AND SERVICES.—
(1) IN GENERAL.—For property or services procured through
the Fund for requisitioning agencies, the agencies shall pay
prices the Administrator fixes under this subsection.
(2) PRICES
FIXED
BY
ADMINISTRATOR.—The Administrator
shall fix prices at levels sufficient to recover—
(A) so far as practicable—
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services employed directly
in the repair, rehabilitation, and conversion of personal
property; and
(v) the cost of amortization and repair of equipment
used for lease or rent to executive agencies; and
(B) properly allocable costs payable by the Fund under
subsection (c)(1)(C).
(3) TIMING OF PAYMENTS.—
(A) PAYMENT IN ADVANCE.—A requisitioning agency shall
pay in advance when the Administrator determines that
there is insufficient capital otherwise available in the Fund.
Payment in advance may also be made under an agreement
between a requisitioning agency and the Administrator.
(B) PROMPT REIMBURSEMENT.—If payment is not made
in advance, the Administration shall be reimbursed
promptly out of amounts of the requisitioning agency in
accordance with accounting procedures approved by the
Comptroller General.
(C) FAILURE
TO
MAKE
PROMPT
REIMBURSEMENT.—The
Administrator may obtain reimbursement by the issuance
of transfer and counterwarrants, or other lawful transfer
documents, supported by itemized invoices, if payment is
not made by a requisitioning agency within 45 days after
the later of—
(i) the date of billing by the Administrator; or
(ii) the date on which actual liability for personal
property or services is incurred by the Administrator.
H. R. 2068—15
(e) REIMBURSEMENT
FOR
EQUIPMENT
PURCHASED
FOR
CON-
GRESS.—The Administrator may accept periodic reimbursement
from the Senate and from the House of Representatives for the
cost of any equipment purchased for the Senate or the House
of Representatives with money from the Fund. The amount of
each periodic reimbursement shall be computed by amortizing the
total cost of each item of equipment over the useful life of the
equipment, as determined by the Administrator, in consultation
with the Sergeant at Arms and Doorkeeper of the Senate or the
Chief Administrative Officer of the House of Representatives, as
appropriate.
(f) TREATMENT OF SURPLUS.—
(1) SURPLUS DEPOSITED IN TREASURY.—As of September 30
of each year, any surplus in the Fund above the amounts
transferred or appropriated to establish and maintain the Fund
(all assets, liabilities, and prior losses considered) shall be
deposited in the Treasury as miscellaneous receipts.
(2) SURPLUS RETAINED.—From any surplus generated by oper-
ation of the Fund, the Administrator may retain amounts nec-
essary to maintain a sufficient level of inventory of personal
property to meet the needs of the federal agencies.
(g) AUDITS.—The Comptroller General shall audit the Fund in
accordance with the provisions of chapter 35 of title 31 and report
the results of the audits.
§ 322. Information Technology Fund
(a) EXISTENCE.—There is an Information Technology Fund in
the Treasury.
(b) COST AND CAPITAL REQUIREMENTS.—
(1) IN GENERAL.—The Administrator of General Services shall
determine the cost and capital requirements of the Fund for
each fiscal year. The cost and capital requirements may include
amounts—
(A) needed to purchase (if the Administrator has deter-
mined that purchase is the least costly alternative) informa-
tion processing and transmission equipment, software, sys-
tems, and operating facilities necessary to provide services;
(B) resulting from operations of the Fund, including the
net proceeds from the disposal of excess or surplus personal
property and receipts from carriers and others for loss
or damage to property; and
(C) that are appropriated, authorized to be transferred,
or otherwise made available to the Fund.
(2) SUBMITTING
PLANS
TO
OFFICE
OF
MANAGEMENT
AND
BUDGET.—The Administrator shall submit plans concerning the
cost and capital requirements determined under this section,
and other information as may be requested, for review and
approval by the Director of the Office of Management and
Budget. Plans submitted under this section fulfill the require-
ments of sections 1512 and 1513 of title 31.
(3) ADJUSTMENTS.—Any change to the cost and capital
requirements of the Fund for a fiscal year shall be made in
the same manner as the initial fiscal year determination.
(c) USE.—
(1) IN
GENERAL.—The Fund is available for expenses,
including personal services and other costs, and for procurement
(by lease, purchase, transfer, or otherwise) to efficiently provide