dreamproit/uscode huggingface dataset:
40 U.S.C. § 610 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 610. Discontinuance of motor vehicle pool or system
(a) In General.—
The Administrator of General Services shall discontinue a motor vehicle pool or system if there are no actual savings realized (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 involved motor vehicles and related equipment and supplies similar in kind and reasonably comparable in value to any motor vehicles and related equipment and supplies which were previously taken over by the Administrator.
(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)
610
40:491(f) (last sentence).
June 30, 1949, ch. 288, title II, § 211(f) (last 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. § 611 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 conversion 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 investigation and either appropriate disciplinary action under section 1343, 1344, or 1349(b) of title 31 or, if appropriate, referral to the Attorney General for prosecution under section 641 of title 18.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124; Pub. L. 109–284, § 6(7), Sept. 27, 2006, 120 Stat. 1212.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
611
40:491(l).
June 30, 1949, ch. 288, title II, § 211(l), as added Sept. 5, 1950, ch. 849, § 5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, § 2, 68 Stat. 1128.
The words “section 1343, 1344, or 1349(b) of title 31” are substituted for “section 5 of the Act of July 16, 1914, as amended (5 U.S.C. 78)” and “such section 5” in section 211(l) 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.
heading: Amendments
text: 2006—Pub. L. 109–284 inserted “of title 31” after “under section 1343, 1344, or 1349(b)” and “of title 18” after “under section 641”.
40 U.S.C. § 702 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 handling 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 agency 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
702
40:512(c).
June 30, 1949, ch. 288, title IV, § 402(c), as added Pub. L. 91–426, § 2(d), Sept. 26, 1970, 84 Stat. 883; Pub. L. 94–519, § 4, Oct. 17, 1976, 90 Stat. 2455.
40 U.S.C. § 703 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 703. Donation of medical supplies for use in foreign country
(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 following 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 organization, 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).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
703
40:512(b).
June 30, 1949, ch. 288, title IV, § 402(b), as added Pub. L. 91–426, § 2(d), Sept. 26, 1970, 84 Stat. 883.
40 U.S.C. § 704 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 executive 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 donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale.
(c) Advertising.—
The head of an executive agency may dispose of foreign excess property without advertising if the head of the executive agency finds that disposal without advertising is the most practicable and advantageous 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 necessary or proper to dispose of, foreign excess property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1126.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
704
40:512(a).
June 30, 1949, ch. 288, title IV, § 402(a), 63 Stat. 398; Pub. L. 91–426, § 2(a)–(c), Sept. 26, 1970, 84 Stat. 883; Pub. L. 99–627, § 3(a), Nov. 7, 1986, 100 Stat. 3509.
40 U.S.C. § 705 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 applies to proceeds of foreign excess property disposed of for United States currency under this chapter.
(2) Deposited in treasury as miscellaneous receipts.—
Except as provided in paragraph (1), proceeds in the form of United States currency, including foreign currencies or credits that are reduced 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 refunded or paid from the account without regard to the origin of the amounts withdrawn.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1127.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
705
40:513.
June 30, 1949, ch. 288, title IV, § 403, 63 Stat. 398.
In subsection (d)(1), the words “in the Treasury” are substituted for “with the Treasurer of the United States” because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as section 321 of title 31.
40 U.S.C. § 901 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 General 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 consistent with zoning and land use practices and with the planning and development objectives of local governments and planning agencies.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1127.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
901
40:531.
June 30, 1949, ch. 288, title VIII, § 802, as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1104.
40 U.S.C. § 902 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 incorporated 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 density of at least 1,500 inhabitants per square mile and situated adjacent to the boundary of an incorporated unit of general local government which has a population of at least 10,000.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
902
40:535(a), (b).
June 30, 1949, ch. 288, title VIII, § 806(a), (b), as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105.
40 U.S.C. § 903 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 acquisition 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 acquisition, the Administrator shall give notice of the acquisition and the proposed use of the property immediately after the property is acquired.
(b) Objections to Acquisition or Change of Use.—
In the acquisition 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 practicable, consider all the objections and comply with the zoning regulations and planning objectives.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
903
40:533.
June 30, 1949, ch. 288, title VIII, § 804, as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105.
In subsection (b), the words “and conform to” are omitted as included in “comply with”.
40 U.S.C. § 904 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 904. Disposal
(a) Notice to Local Government.—
Before offering real property situated 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 zoning 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 property 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 resources.
(2) Preparing long-range physical and fiscal plans for government action.
(3) Programming capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program.
(4) Coordinating related plans and activities of state and local governments and agencies.
(5) Preparing regulatory and administrative measures to support activities described in this subsection.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1128.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
904(a), (b)
40:532.
June 30, 1949, ch. 288, title VIII, §§ 803, 806(c), as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105.
904(c)
40:535(c).
In subsection (a), the words “Whenever the Administrator contemplates the disposal for or on behalf of any Federal agency of” and “such land” are omitted as unnecessary. The words “the head of the governing body of” are omitted for consistency in the chapter. The words “exercising zoning and land-use jurisdiction” are substituted for “having jurisdiction over zoning and land-use regulation in the geographical area within which the land or lands are located” to eliminate unnecessary words and for consistency in the chapter.
In subsection (c)(2), the word “Preparing” is added for clarity.
40 U.S.C. § 905 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
905
40:534.
June 30, 1949, ch. 288, title VIII, § 805, as added Pub. L. 90–577, title V, § 501, Oct. 16, 1968, 82 Stat. 1105.
40 U.S.C. § 1101 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 1101. Policy
The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1101
40:542.
June 30, 1949, ch. 288, title IX, § 902, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279.
The words “The Congress hereby declares” are omitted as unnecessary.
40 U.S.C. § 1102 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 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 “architectural and engineering services” means—
(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, 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, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating 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 practice the profession of architecture or engineering.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1102
40:541.
June 30, 1949, ch. 288, title IX, § 901, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100–656, title VII, § 742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100–679, § 8, Nov. 17, 1988, 102 Stat. 4068.
In clause (1), the words “Secretary, Administrator, or” are omitted as unnecessary.
40 U.S.C. § 1103 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 1103. Selection procedure
(a) In General.—
These procedures apply to the procurement of architectural 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 regarding 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 conducted, 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1103
40:543.
June 30, 1949, ch. 288, title IX, § 903, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279.
In subsection (b), the words “engaged in the lawful practice of their profession” are omitted as unnecessary because of the definition of “firm” in section 1102 of the revised title.
In subsection (c), the words “compare alternative methods for furnishing services” are substituted for “the relative utility of alternative methods of approach for furnishing the required services” to eliminate unnecessary words.
heading: Architectural and Engineering Services
text: Pub. L. 108–136, div. A, title XIV, § 1427(b), Nov. 24, 2003, 117 Stat. 1670, provided that:
“Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award schedule contracts entered into by the Administrator of General Services or under Governmentwide task and delivery order contracts entered into under sections 2304a and 2304b of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253h and 253i) [now 41 U.S.C. 4103, 4105(a) to (c)(1), (d) to (i)] unless such services—
“(1) are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be performed; and
“(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code.”
40 U.S.C. § 1104 (PUBLIC BUILDINGS, PROPERTY, AND WORKS)
§ 1104. Negotiation of contract
(a) In General.—
The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines 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 negotiate 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 formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1104
40:544.
June 30, 1949, ch. 288, title IX, § 904, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279.