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40 U.S.C. § 588 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 agency), 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 agency 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 determination 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 furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in the control of the Administrator.
(f) Control of Furniture Not Moved.—
(1) In general.—
If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the furniture and furnishings that were previously used by the moving agency (or unit of the agency) pass to the control of the Administrator.
(2) Reimbursement.—
(A) In general.—
Furniture and furnishings passing to the control of the Administrator under this section pass without reimbursement.
(B) Exception for trust fund.—
If furniture and furnishings that were purchased from a trust fund pass to the control of the Administrator under this section, the Administrator shall reimburse the trust fund for the fair market value of the furniture and furnishings.
(3) Revolving or working capital fund.—
If furniture and furnishings are carried as assets of a revolving or working capital fund at the time they pass to the control of the Administrator under this section, the net book value of the furniture and furnishings shall be written off and the capital of the fund is diminished by the amount of the write-off.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1115.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
588
40:490(g).
June 30, 1949, ch. 288, title II, § 210(g), as added Sept. 1, 1954, ch. 1211, § 3, 68 Stat. 1129.
In subsection (f)(2), the reimbursement requirement in 40:490(g) (last sentence) is set out as an exception to a general “without reimbursement” rule in 40:490(g) (3d sentence) to harmonize an inconsistency in the source law.
40 U.S.C. § 589 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 589. Installation, repair, and replacement of sidewalks
(a) In General.—
An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are—
(1) under the agency’s control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States.
(b) Reimbursement.—
Subsection (a) may be carried out by—
(1) reimbursement to a State or political subdivision of a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States; or
(2) a means other than reimbursement.
(c) Regulations.—
Subsection (a) shall be carried out in accordance with regulations the Administrator of General Services prescribes with the approval of the Director of the Office of Management and Budget.
(d) Use of Amounts.—
Amounts appropriated to an executive agency for installation, repair, and maintenance, generally, are available to carry out this section.
(e) Liability.—
This section does not increase or enlarge the tort liability of the Government for injuries to individuals or damages to property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
589
40:490(i).
June 30, 1949, ch. 288, title II, § 210(i), as added Pub. L. 89–344, Nov. 8, 1965, 79 Stat. 1304.
In subsections (a) and (b), the words “territory or” are added for consistency in the revised title and with other titles of the United States Code.
In subsection (c), the words “Director of the Office of Management and Budget” are substituted for “Director of the Bureau of the Budget” in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (e), the words “beyond such liability presently existing by virtue of any other law” are omitted as unnecessary.
40 U.S.C. § 591 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 591. Purchase of electricity
(a) General Limitation on Use of Amounts.—
A department, agency, or instrumentality of the Federal Government may not use amounts appropriated 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 1 of title 10; or
(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
591
40:490 note.
Pub. L. 100–202, § 101(b) [title VIII, § 8093], Dec. 22, 1987, 101 Stat. 1329–79.
In subsection (b)(1), the words “section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287)” are substituted for “42 U.S.C. 8287” in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress.
heading: References in Text
text: Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.
40 U.S.C. § 593 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 chapter 85 of title 41.
(b) In General.—
Except as provided in subsection (c), amounts made available to the General Services Administration pursuant to section 592 of this title may not be obligated or expended to procure covered services by contract if an employee who was a permanent veterans preference employee of the Administration on November 19, 1995, would be terminated as a result.
(c) Exception.—
Amounts made available to the Administration pursuant to section 592 of this title may be obligated and expended to procure covered services by contract with a sheltered workshop or, if sheltered workshops decline to contract for the provision of 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1120; Pub. L. 109–284, § 6(6), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 111–350, § 5(l)(11), Jan. 4, 2011, 124 Stat. 3852.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
593
40:490c.
Pub. L. 104–52, title V, § 503, Nov. 19, 1995, 109 Stat. 491.
heading: Amendments
text: 2011—Subsec. (a)(2). Pub. L. 111–350 substituted “chapter 85 of title 41” for “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)”.
2006—Subsec. (b). Pub. L. 109–284 substituted “available to the General Services Administration” for “available to the Administration”.
40 U.S.C. § 602 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 602. Authority to establish motor vehicle pools and transportation 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 (including 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 request.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
602
40:491(b) (related to establishment).
June 30, 1949, ch. 288, title II, § 211(b) (related to establishment), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1126.
Subsection (a)(1) is substituted for “in respect of executive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agencies” for clarity and to eliminate unnecessary words.
In subsection (c), the words “mixed-ownership Government corporation” are substituted for “mixed ownership corporation” for consistency with chapter 91 of title 31. The words “chapter 91 of title 31” are substituted for “the Government Corporation Control Act” in section 211(b) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
40 U.S.C. § 603 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 activities, 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 establishing procedures to carry out section 602 of this title.
(2) Elements of the regulations.—
The regulations shall provide 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 President of any determination disputed by an agency, with the possibility that the decision may include a partial or complete exemption 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 subsection (a) is binding on an agency only as provided in regulations issued under this subsection.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
603(a)(1)
40:491(b) (related to determination).
June 30, 1949, ch. 288, title II, § 211(b) (related to determination), (c), (e), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1126.
603(a)(2)
40:491(e).
603(b)
40:491(c).
In subsection (b)(1), the words “within ninety days after the effective date of this section” are omitted as obsolete.
40 U.S.C. § 604 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 604. Treatment of assets taken over to establish motor vehicle pools and transportation systems
(a) Reimbursement.—
(1) Requirement.—
When the Administrator of General Services takes over motor vehicles or related equipment or supplies under section 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 unreimbursed expenditures made from a revolving or trust fund authorized by law.
(2) Amount.—
The Administrator shall reimburse a Government corporation, or a fund through which an agency acquired property, by an amount equal to the fair market value of the property. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the Government corporation or the fund shall reimburse the Administrator by an amount equal to the fair market value of the property returned.
(b) Addition to Acquisition Services 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 Acquisition Services Fund. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the value of the property may be deducted from the Fund.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122; Pub. L. 109–313, § 3(h)(5), Oct. 6, 2006, 120 Stat. 1736.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
604(a)
40:491(g).
June 30, 1949, ch. 288, title II, § 211(g), (h), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128.
604(b)
40:491(h).
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–313 substituted “Acquisition Services Fund” for “General Supply Fund” in heading and text.
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
40 U.S.C. § 605 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 605. Payment of costs
(a) Use of Acquisition Services Fund To Cover Costs.—
The Acquisition Services 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 Services 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 supplies.
(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 replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f) of this title, the increment may be retained as a part of the capital of the Acquisition Services Fund but is available only to replace motor vehicles and related equipment and supplies.
(c) Accounting Method.—
The purchase price of motor vehicles and related 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 accrual accounting method.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123; Pub. L. 109–313, § 3(h)(6), Oct. 6, 2006, 120 Stat. 1736.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
605
40:491(d).
June 30, 1949, ch. 288, title II, § 211(d), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1127; Pub. L. 95–506, Oct. 24, 1978, 92 Stat. 1756.
heading: Amendments
text: 2006—Subsec. (a). Pub. L. 109–313, § 3(h)(6)(A), substituted “Acquisition Services Fund” for “General Supply Fund” in heading and text.
Subsec. (b)(2). Pub. L. 109–313, § 3(h)(6)(B), substituted “321(f)” for “321(f)(1)” and “Acquisition Services Fund” for “General Supply Fund”.
heading: Effective Date of 2006 Amendment
text: Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
40 U.S.C. § 606 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 civilian personnel to operate Federal Government-owned motor vehicles for official purposes within the States of the United States, the District of Columbia, 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 official purposes.
(c) Agency Orders.—
The head of each executive agency shall issue orders and directives necessary for compliance with the regulations. The orders and directives shall provide for—
(1) periodically testing the physical fitness of operators and prospective operators; and
(2) suspension and revocation of authority to operate.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
606
40:491(j).
June 30, 1949, ch. 288, title II, § 211(j), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128; Pub. L. 86–624, § 27(b), July 12, 1960, 74 Stat. 418.
In subsection (a), the words “Director of the Office of Personnel Management” are substituted for “United States Civil Service Commission” in section 211(j) of the Federal Property and Administrative Services Act of 1949 because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783). The words “territories and” are added for consistency in the revised title and with other titles of the United States Code.
40 U.S.C. § 607 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
607
40:491(f) (1st sentence).
June 30, 1949, ch. 288, title II, § 211(f) (1st sentence), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1127.
40 U.S.C. § 608 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
608
40:491(i).
June 30, 1949, ch. 288, title II, § 211(i), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128.
40 U.S.C. § 609 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 conspicuously 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, corporation, 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
609
40:491(k).
June 30, 1949, ch. 288, title II, § 211(k), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128.