Selected sections of the Federal Property and Administrative Services Act

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Selected sections of the Federal Property and Administrative Services Act

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From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 40USC101]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER I--PURPOSE AND DEFINITIONS

Sec. 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 services,

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 Government 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.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

101................................... 40:471. June 30, 1949, ch. 288, Sec. 2, 63

Stat. 378; Sept. 1, 1954, ch. 1211,

Sec. 1, 68 Stat. 1126.

----------------------------------------------------------------------------------------------------------------

Short Title of 2006 Amendment

Pub. L. 109-396, Sec. 1, Dec. 15, 2006, 120 Stat. 2711, provided

that: ``This Act [enacting provisions set out as notes under sections

524 and 5102 of this title, provisions listed in a table of

Commemorative Works set out under section 8903 of this title, and

provisions set out as a note under section 225b of Title 24, Hospitals

and Asylums] may be cited as the `Federal and District of Columbia

Government Real Property Act of 2006'.''

Pub. L. 109-313, Sec. 1, Oct. 6, 2006, 120 Stat. 1734, provided

that: ``This Act [amending sections 303, 321, 549, 573, 604, and 605 of

this title, section 5316 of Title 5, Government Organization and

Employees, section 2669 of Title 22, Foreign Relations and Intercourse,

and section 433 of Title 41, Public Contracts, repealing section 322 of

this title, enacting provisions set out as notes under sections 303 and

321 of this title and section 5316 of Title 5, and amending provisions

set out as notes under section 2302 of Title 10, Armed Forces, and

section 2107 of Title 44, Public Printing and Documents] may be cited as

the `General Services Administration Modernization Act'.''

Short Title of 2003 Amendment

Pub. L. 108-126, title II, Sec. 201, Nov. 17, 2003, 117 Stat. 1349,

provided that: ``This title [amending sections 8901 to 8906 and 8908 of

this title and enacting provisions set out as notes under section 8901

of this title] may be cited as the `Commemorative Works Clarification

and Revision Act of 2003'.''

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 40USC102]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER I--PURPOSE AND DEFINITIONS

Sec. 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 inventory''

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--

(A) an executive department or independent establishment 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 services''

means contractual services designated by the Administrator 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 Administrator,

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

(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.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1063.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

102................................... 40:472. June 30, 1949, ch. 288, Sec. 3, 63

Stat. 378; Sept. 5, 1950, ch. 849,

Secs. 7(a), 8(a), 64 Stat. 590, 591;

July 12, 1952, ch. 703, Sec. 1(a),

(b), 66 Stat. 593; Sept. 1, 1954, ch.

1211, Sec. 4(c), 68 Stat. 1129; Aug.

12, 1955, ch. 874, Sec. 2, 69 Stat.

722; Pub. L. 85-337, Sec. 5, Feb. 28,

1958, 72 Stat. 29; Pub. L. 86-70, Sec.

30(a), June 25, 1959, 73 Stat. 148;

Pub. L. 86-624, Sec. 27(a), July 12,

1960, 74 Stat. 418; Pub. L. 93-594,

Jan. 2, 1975, 88 Stat. 1926.

----------------------------------------------------------------------------------------------------------------

In this section, the words ``and in title III of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C. 251 et

seq.)'' are added to provide an accurate literal translation of the

words ``this Act'', meaning the Federal Property and Administrative

Services Act of 1949. See the revision note under section 111 of this

title. The definition of ``Administrator'' is omitted as unnecessary.

The text of 40:472(i) is omitted as unnecessary because of the

definition of ``person'' in 1:1.

In clause (6), the words ``the Northern Mariana Islands, the

Federated States of Micronesia, the Marshall Islands, Palau'' are

substituted for ``the Trust Territory of the Pacific Islands'' because

of the termination of the Trust Territory of the Pacific Islands. See

48:1681 note prec.

References in Text

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as

amended. Title III of the Act is classified generally to subchapter IV

(Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For

complete classification of this Act to the Code, see Tables.

The public land mining and mineral leasing laws, referred to in par.

(9)(A)(iii), are classified generally to Title 30, Mineral Lands and

Mining.

The public land laws, referred to in par. (9)(A)(iv), are classified

generally to Title 43, Public Lands.

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 40USC111]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER II--SCOPE

Sec. 111. Application to Federal Property and Administrative

Services Act of 1949

In the following provisions, the words ``this subtitle'' are deemed

to refer also to title III of the Federal Property and Administrative

Services Act of 1949 (41 U.S.C. 251 et seq.):

(1) Section 101 of this title.

(2) Section 112(a) of this title.

(3) Section 113 of this title.

(4) Section 121(a) of this title.

(5) Section 121(c)(1) of this title.

(6) Section 121(c)(2) of this title.

(7) Section 121(d)(1) and (2) of this title.

(8) Section 121(e)(1) of this title.

(9) Section 121(f) of this title.

(10) Section 121(g) of this title.

(11) Section 122(a) of this title.

(12) Section 123(a) of this title.

(13) Section 123(c) of this title.

(14) Section 124 of this title.

(15) Section 126 of this title.

(16) Section 311(c) of this title.

(17) Section 313(a) of this title.

(18) Section 528 of this title.

(19) Section 541 of this title.

(20) Section 549(e)(3)(H)(i)(II) of this title.

(21) Section 557 of this title.

(22) Section 558(a) of this title.

(23) Section 559(f) of this title.

(24) Section 571(b) of this title.

(25) Section 572(a)(2)(A) of this title.

(26) Section 572(b)(4) of this title.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

111................................... (no source). .......................................

----------------------------------------------------------------------------------------------------------------

This section is added to provide an accurate literal translation of

the words ``this Act'', meaning the Federal Property and Administrative

Services Act of 1949. In the positive law codification of title 40, most

of the Federal Property and Administrative Services Act of 1949 is

restated as subtitle I of title 40. However, title III of the Act, which

is outside the scope of the positive law codification, remains

classified to the United States Code as 41 U.S.C. 251 et seq. Where the

words ``this Act'' are restated, substituting the words ``this

subtitle'' does not yield an accurate literal translation because ``this

subtitle'' does not include title III of the Act. This section does not

subject any provision of law to title III of the Act if that provision

was not subject to title III prior to the positive law codification of

title 40.

References in Text

The Federal Property and Administrative Services Act of 1949,

referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 377, as

amended. Title III of the Act is classified generally to subchapter IV

(Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For

complete classification of this Act to the Code, see Tables.

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 40USC112]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER II--SCOPE

Sec. 112. Applicability of certain policies, procedures, and

directives in effect on July 1, 1949

(a) In General.--A policy, procedure, or directive described in

subsection (b) remains in effect until superseded or amended under this

subtitle or other appropriate authority.

(b) Description.--A policy, procedure, or directive referred to in

subsection (a) is one that was in effect on July 1, 1949, and that was

prescribed by--

(1) the Director of the Bureau of Federal Supply or the

Secretary of the Treasury and that related to a function transferred

to or vested in the Administrator of General Services on June 30,

1949, by the Federal Property and Administrative Services Act of

1949;

(2) an officer of the Federal Government under authority of the

Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other

authority related to surplus property or foreign excess property;

(3) the Federal Works Administrator or the head of a constituent

agency of the Federal Works Agency; or

(4) the Archivist of the United States or another officer or

body whose functions were transferred on June 30, 1949, by title I

of the Federal Property and Administrative Services Act of 1949.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1065.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

112................................... 40:473. June 30, 1949, ch. 288, title VI, Sec.

601, formerly title V, Sec. 501, 63

Stat. 399; renumbered Sept. 5, 1950,

ch. 849, Sec. 6(a), (b), 64 Stat.

583.

----------------------------------------------------------------------------------------------------------------

References in Text

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of

Title 41, Public Contracts, the Act was repealed and reenacted by Pub.

L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as

chapters 1 to 11 of this title. Provisions of former title I of the Act

now appear in chapter 3 of this title.

The Surplus Property Act of 1944, referred to in subsec. (b)(2), is

act Oct. 3, 1944, ch. 479, 58 Stat. 765, as amended, which was

classified principally to sections 1611 to 1646 of Title 50, Appendix,

War and National Defense, and was repealed effective July 1, 1949, with

the exception of sections 1622, 1631, 1637, and 1641 of Title 50,

Appendix, by act June 30, 1949, ch. 288, title VI, Sec. 602(a)(1), 63

Stat. 399, renumbered Sept. 5, 1950, ch. 849, Sec. 6(a), (b), 64 Stat.

583. Sections 1622 and 1641 were partially repealed by the 1949 act, and

section 1622 is set out in part in Title 50, Appendix. Section 1622(g)

was repealed and reenacted as sections 47151 to 47153 of Title 49,

Transportation, by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994, 108

Stat. 1278-1280, 1379. Section 1631 was repealed by act June 7, 1939,

ch. 190, Sec. 6(e), as added by act July 23, 1946, ch. 590, 60 Stat.

599, and is covered by sections 98 et seq. of Title 50. Section 1637 was

repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff.

Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and

Criminal Procedure. Provisions of section 1641 not repealed by the 1949

act were repealed by Pub. L. 87-256, Sec. 111(a)(1), Sept. 21, 1961, 75

Stat. 538, and are covered by chapter 33 (Sec. 2451 et seq.) of Title

22, Foreign Relations and Intercourse. The provisions of the Surplus

Property Act of 1944 originally repealed by the 1949 act are covered by

provisions of the 1949 act which were classified to chapter 10 (Sec. 471

et seq.) of former Title 40, Public Buildings, Property, and Works, and

which were repealed and reenacted by Pub. L. 107-217, Secs. 1, 6(b),

Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title.

From the U.S. Code Online via GPO Access

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[Laws in effect as of January 3, 2007]

[CITE: 40USC113]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER II--SCOPE

Sec. 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 Procurement 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.).

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 conducted

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 program

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 requirements of

this subtitle and with policies and regulations prescribed 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 administration

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.);

(B) the Farmers Home Administration Act of 1946 (ch. 964, 60

Stat. 1062);

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 mortgages,

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 nonpersonal

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

Commerce 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

acquisition, 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 shipyard, 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 authorized

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 activities, 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;

(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.);

(19) the Secretary of State with respect to the furnishing of

facilities in foreign countries and reception centers within the

United States; or

(20) the Office of the Director of National Intelligence.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108-458, title

I, Sec. 1080, Dec. 17, 2004, 118 Stat. 3696.)

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

113(a)................................ 40:474(c) (words before 1st June 30, 1949, ch. 288, title VI, Sec.

comma). 602(c)-(e), formerly Sec. 502(c)-(e),

63 Stat. 401; renumbered Sec. 602(c)-

(e), Sept. 5, 1950, ch. 849, Sec.

6(a), (b), 64 Stat. 583; Sept. 5,

1950, ch. 849, Secs. 7(e), (f), 8(c),

64 Stat. 590, 591; Pub. L. 85-726,

title XIV, Sec. 1406, Aug. 23, 1958,

72 Stat. 808; Pub. L. 87-456, title

III, Sec. 303(b), May 24, 1962, 76

Stat. 78; Pub. L. 89-343, Sec. 6,

Nov. 8, 1965, 79 Stat. 1303; Pub. L.

90-19, Sec. 7, May 25, 1967, 81 Stat.

22; Pub. L. 91-375, Sec. 6(m)(2),

Aug. 12, 1970, 84 Stat. 782; Pub. L.

93-400, Sec. 15(4), Aug. 30, 1974, 88

Stat. 800; Pub. L. 96-60, title II,

Sec. 203(c), Aug. 15, 1979, 93 Stat.

399; Pub. L. 96-83, Sec. 10(b), Oct.

10, 1979, 93 Stat. 652; Pub. L. 97-31,

Sec. 12(13), Aug. 6, 1981, 95 Stat.

154; Pub. L. 98-191, Secs. 8(d)(2),

9(a)(3), Dec. 1, 1983, 97 Stat. 1331;

Pub. L. 101-73, title VII, Sec.

744(f), Aug. 9, 1989, 103 Stat. 438;

Pub. L. 106-78, title VII, Sec.

752(b)(14), Oct. 22, 1999, 113 Stat.

1170.

113(b)................................ 40:474(c) (words between 1st

and last commas).

113(c)................................ 40:474(c) (words after last

comma).

113(d)................................ 40:474(e).

113(e)................................ 40:474(d).

----------------------------------------------------------------------------------------------------------------

In subsection (a), the word ``paramount'' is omitted as included in

``not subject to any inconsistent provision''.

In subsection (c), the words ``chapter 91 of title 31'' are

substituted for ``the Government Corporation Control Act (59 Stat. 597;

31 U.S.C. 841)'' in section 602(c) 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).

In subsection (e), the text of 40:474(d)(8) is omitted because 50

App.:1171(b) was repealed by section 53 of the Act of August 10, 1956

(ch. 1041, 70A Stat. 641). The text of 40:474(d)(19) is omitted as

obsolete.

In subsection (e)(2), the words ``any phase (including, but not

limited to, procurement, storage, transportation, processing, and

disposal) of'' and ``the fulfillment of'' are omitted as unnecessary.

In subsection (e)(3), the words ``chapter 137 of title 10'' and

``that chapter'' are substituted for ``Armed Services Procurement Act of

1947'' and ``said Act'' in section 602(d)(3) of the Federal Property and

Administrative Services Act of 1949, because of section 49(b) of the Act

of August 10, 1956 (ch. 1041, 70A Stat. 640).

In subsection (e)(4), the words ``Secretary of Defense'' are

substituted for ``National Military Establishment'' in section 602(d)(4)

of the Federal Property and Administrative Services Act of 1949, because

of section 12(a), (g) of the National Security Act Amendments of 1949

(ch. 412, 63 Stat. 591) and because of 10:113(a).

In subsection (e)(5), the words ``section 2535 of title 10'' are

substituted for ``the National Industrial Reserve Act of 1948 [50 U.S.C.

451 et seq.]'' because the National Industrial Reserve Act was renamed

``Defense Industrial Reserve Act'' by section 809 of the Department of

Defense Appropriation Authorization Act, 1974 (Public Law 93-155, 87

Stat. 617), and transferred to section 2535 of title 10 by section 4235

of the Defense Conversion, Reinvestment and Transition Assistance Act of

1992, which was included as Division D in the National Defense

Authorization Act for Fiscal Year 1993 (Public Law 102-484, title XLII,

106 Stat. 2690).

In subsection (e)(6), the words ``the Munitions Board'' are omitted

because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff. June

30, 1953, 67 Stat. 638) abolished the Munitions Board and transferred

the Board's functions to the Secretary of Defense.

In subsection (e)(8), the words ``or the Department of Agriculture''

are omitted as unnecessary because of section 1 of Reorganization Plan

No. 2 of 1953 (eff. June 30, 1953, 67 Stat. 638). The words ``the Act of

August 31, 1947, Public Law 298, Eightieth Congress, with respect to the

disposal of labor supply centers, and labor homes, labor camps, or

facilities'' are omitted because the intended reference is probably to

the Act of July 31, 1947 (ch. 413, 61 Stat. 694), which was repealed by

section 205(a) of the Housing Act of 1950 (ch. 94, 64 Stat. 73).

In subsection (e)(9), the words ``an official or entity under the

Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)'' are substituted for

``the Secretary of Agriculture, Farm Credit Administration, or any farm

credit board under section 640l(b) of title 12'' because section

5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (12:2001

note), repealed 12:640l, and provided that ``[a]ll references in other

legislation . . . to the Acts repealed hereby shall be deemed to refer

to comparable provisions of [the Farm Credit Act of 1971 (12 U.S.C. 2001

et seq.)]''.

In subsection (e)(10), the words ``Secretary of Housing and Urban

Development'' are substituted for ``Department of Housing and Urban

Development'' because of 42:3532. The words ``Federal Deposit Insurance

Corporation'' are substituted for ``Resolution Trust Corporation''

because under 12:1441a(m)(1), the Resolution Trust Corporation

terminated on December 31, 1995, and was succeeded by the Federal

Deposit Insurance Corporation.

In subsection (e)(11), the words ``property acquired in connection

with'' are substituted for ``any property acquired or to be acquired for

or in connection with'' to eliminate unnecessary words.

In subsection (e)(12), the words ``the Secretary of Energy with

respect to atomic energy'' are substituted for ``the Atomic Energy

Commission'' because the Atomic Energy Commission was abolished and its

functions were transferred to the Administrator of the Energy Research

and Development Administration by section 104 of the Energy

Reorganization Act of 1974 (42:5814), and the Energy Research and

Development Administration was subsequently terminated and its functions

transferred to the Secretary of Energy by sections 301(a) and 703 of the

Department of Energy Organization Act (42:7151(a), 42:7293).

In subsection (e)(13), the words ``Secretary of Transportation'' are

substituted for ``Administrator of the Federal Aviation Agency'' in

section 602(d)(14) of the Federal Property and Administrative Services

Act of 1949 because of sections 3(e) and 6(c)(1) of the Department of

Transportation Act (Public Law 89-670, 80 Stat. 932, 938), because of

49:106(f) and (g), and because of 49:ch. 473. The words ``Secretary of

Commerce'' are substituted for ``Chief of the Weather Bureau'' in

section 602(d)(14) of the Federal Property and Administrative Services

Act of 1949 because the office of Chief of the Weather Bureau was

abolished and functions were transferred to the Secretary of Commerce by

Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).

The words ``section 47301 of title 49'' are substituted for ``the

International Aviation Facilities Act (62 Stat. 450)'' in section

602(d)(14) of the Federal Property and Administrative Services Act of

1949 because of section 6(b) of the Act of July 5, 1994 (Public Law 103-

272, 108 Stat. 1378).

In subsection (e)(17), the words ``title 44 or any other law'' are

substituted for ``the Act entitled `An Act providing for the public

printing and binding and the distribution of public documents' approved

January 12, 1895 (28 Stat. 601), as amended or any other Act'' in

section 602(d)(18) of the Federal Property and Administrative Services

Act of 1949 because of section 2(b) of the Act of October 22, 1968

(Public Law 90-620, 82 Stat. 1305), the first section of which enacted

Title 44, United States Code.

In subsection (e)(19), the words ``Secretary of State'' are

substituted for ``Director of the International Communication Agency''

[subsequently changed to ``Director of the United States Information

Agency'' because of section 303(b) of the Department of State

Authorization Act, Fiscal Years 1982 and 1983 (Public Law 97-241, 96

Stat. 291)] because of 22:6551.

References in Text

The Office of Federal Procurement Policy Act, referred to in subsec.

(b), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which

is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41,

Public Contracts. For complete classification of this Act to the Code,

see Short Title note set out under section 401 of Title 41 and Tables.

The Philippine Property Act of 1946, referred to in subsec. (e)(1),

is act July 3, 1946, ch. 536, 60 Stat. 418, as amended, which is

classified generally to subchapter V (Sec. 1381 et seq.) of chapter 15

of Title 22, Foreign Relations and Intercourse. For complete

classification of this Act to the Code, see Short Title note set out

under section 1381 of Title 22 and Tables.

The Strategic and Critical Materials Stock Piling Act, referred to

in subsec. (e)(6), is act June 7, 1939, ch. 190, as revised generally by

Pub. L. 96-41, Sec. 2, July 30, 1979, 93 Stat. 319, which is classified

generally to subchapter III (Sec. 98 et seq.) of chapter 5 of Title 50,

War and National Defense. For complete classification of this Act to the

Code, see section 98 of Title 50 and Tables.

The Foreign Service Buildings Act, 1926, referred to in subsec.

(e)(7), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended, which is

classified generally to chapter 8 (Sec. 292 et seq.) of Title 22,

Foreign Relations and Intercourse. For complete classification of this

Act to the Code, see section 299 of Title 22 and Tables.

The Richard B. Russell National School Lunch Act, referred to in

subsec. (e)(8)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13 (Sec. 1751 et seq.)

of Title 42, The Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out under section 1751

of Title 42 and Tables.

The Farmers Home Administration Act of 1946, referred to in subsec.

(e)(8)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was

substantially repealed by act June 25, 1948, ch. 645, Sec. 21, 62 Stat.

862, and act Aug. 8, 1961, Pub. L. 87-128, title III, Sec. 341(a), 75

Stat. 318. For complete classification of this Act to the Code, see

Tables.

The Farm Credit Act of 1971, referred to in subsec. (e)(9), is Pub.

L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is classified

generally to chapter 23 (Sec. 2001 et seq.) of Title 12, Banks and

Banking. For complete classification of this Act to the Code, see Short

Title note set out under section 2001 of Title 12 and Tables.

The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is

act June 27, 1934, ch. 847, 48 Stat. 1246, as amended, which is

classified principally to chapter 13 (Sec. 1701 et seq.) of Title 12,

Banks and Banking. For complete classification of this Act to the Code,

see section 1701 of Title 12 and Tables.

The Federal Deposit Insurance Act, referred to in subsec.

(e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, Sec. 2, 64 Stat. 873, as

amended, which is classified generally to chapter 16 (Sec. 1811 et seq.)

of Title 12, Banks and Banking. For complete classification of this Act

to the Code, see Short Title note set out under section 1811 of Title 12

and Tables.

The Bonneville Project Act of 1937, referred to in subsec. (e)(18),

is act Aug. 20, 1937, ch. 720, 50 Stat. 731, as amended, which is

classified generally to chapter 12B (Sec. 832 et seq.) of Title 16,

Conservation. For complete classification of this Act to the Code, see

Short Title note set out under section 832 of Title 16 and Tables.

Amendments

2004--Subsec. (e)(20). Pub. L. 108-458 added par. (20).

Effective Date of 2004 Amendment

For Determination by President that amendment by Pub. L. 108-458

take effect on Apr. 21, 2005, see Memorandum of President of the United

States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section

401 of Title 50, War and National Defense.

Amendment by Pub. L. 108-458 effective not later than six months

after Dec. 17, 2004, except as otherwise expressly provided, see section

1097(a) of Pub. L. 108-458, set out as an Effective Date of 2004

Amendment; Transition Provisions note under section 401 of Title 50, War

and National Defense.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 40USC121]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 121. Administrative

(a) Policies Prescribed by the President.--The President may

prescribe policies and directives that the President considers necessary

to carry out this subtitle. The policies must be consistent with this

subtitle.

(b) Accounting Principles and Standards.--

(1) Prescription.--The Comptroller General, after considering

the needs and requirements of executive agencies, shall prescribe

principles and standards of accounting for property.

(2) Property accounting systems.--The Comptroller General 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 established by

executive agencies to determine the extent of compliance 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.

(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 redelegation 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

allocated amounts from one component of the Administration to

another under paragraphs (1)(C) and (2)(A) of subsection (e); or

this subtitle.

(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, maintain or repair

the building or facility. The department or agency shall directly

expend the retained amounts to operate, maintain, 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.

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 transfers a

function from one component of the Administration to another,

the Administrator may also provide for the transfer of

appropriate allocated amounts from the component that previously

carried out the function to the component 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 executive 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 committees shall serve without

compensation but are entitled to transportation 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 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.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1068.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

121(a), (b)........................... 40:486(a), (b). June 30, 1949, ch. 288, title II, Sec.

205, 63 Stat. 389; Sept. 5, 1950, ch.

849, Sec. 9, 64 Stat. 591; Pub. L. 87-

619, Aug. 31, 1962, 76 Stat. 414.

121(c)(1)............................. 40:751(f). June 30, 1949, ch. 288, title I, Sec.

101(f), as added Pub. L. 99-500, Sec.

101(m) [title VIII, Sec. 832], Oct.

18, 1986, 100 Stat. 1783-345; Pub. L.

99-591, Sec. 101(m) [title VIII, Sec.

832], Oct. 30, 1986, 100 Stat. 3341-

345.

121(c)(2)............................. 40:486(c).

121(d)(1), (2)........................ 40:486(d).

121(d)(3)............................. 40:486a. Pub. L. 104-208, div. A, title I, Sec.

101(f) [title VI, Sec. 611], Sept.

30, 1996, 110 Stat. 3009-355.

121(e)(1)............................. 40:486(e).

40:754 (1st sentence). June 30, 1949, ch. 288, title I, Sec.

106, 63 Stat. 381.

121(e)(2)(A).......................... 40:754 (last sentence).

121(e)(2)(B).......................... 40:486(f).

121(f)................................ 40:486(g).

121(g)................................ 40:486(h).

121(h)................................ 40:486(i).

----------------------------------------------------------------------------------------------------------------

In subsection (b)(3), the words ``Comptroller General'' are

substituted for ``General Accounting Office'' because of 31:702 and for

consistency in the revised title.

In subsection (d)(3), the words ``For the fiscal year ending

September 30, 1997, and thereafter'' are omitted as unnecessary.

In subsection (e)(1)(C), the words ``transfer the function from one

component of the Administration to another'' are substituted for ``from

time to time, to regroup, transfer, and distribute any such functions

within the General Services Administration'' (in 40:754 (1st sentence))

for clarity and to eliminate unnecessary words.

In subsection (e)(2), subparagraph (A) is substituted for 40:754

(last sentence) and subparagraph (B) is substituted for 40:486(f) to use

more consistent terminology and to clarify the requirements and

applicability of each provision. The words ``Director of the Office of

Management and Budget'' are substituted for ``Director of the Bureau of

the Budget'' in sections 106 (last sentence) and 205(f) 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 (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 (f), the words ``expenses under'' are substituted for

``subsistence, as authorized by'' for consistency in the revised title.

The words ``section 5703 of title 5'' are substituted for ``section 5 of

the Act of August 2, 1946 (5 U.S.C. 73b-2)'' in section 205(g) of the

Federal Property and Administrative Services Act of 1949 because of

section 7(b) of the Act of September 6, 1966 (Public Law 89-554, 80

Stat. 631), the first section of which enacted Title 5, United States

Code.

Termination of Advisory Committees

Advisory committees established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the date of

their establishment, unless, in the case of a committee established by

the President or an officer of the Federal Government, such committee is

renewed by appropriate action prior to the expiration of such 2-year

period, or in the case of a committee established by the Congress, its

duration is otherwise provided by law. See section 14 of Pub. L. 92-463,

Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5,

Government Organization and Employees.

Ex. Ord. No. 12072. Federal Space Management

Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, provided:

By the authority vested in me as President of the United States of

America by Section 205(a) of the Federal Property and Administrative

Services Act of 1949, as amended (40 U.S.C. 486(a)) [now 40 U.S.C.

121(a)], and in order to prescribe appropriate policies and directives,

not inconsistent with that Act [now chapters 1 to 11 of this title and

title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)] and other

applicable provisions of law, for the planning, acquisition,

utilization, and management of Federal space facilities, it is hereby

ordered as follows:

1-1. Space Acquisition

1-101. Federal facilities and Federal use of space in urban areas

shall serve to strengthen the Nation's cities and to make them

attractive places to live and work. Such Federal space shall conserve

existing urban resources and encourage the development and redevelopment

of cities.

1-102. Procedures for meeting space needs in urban areas shall give

serious consideration to the impact a site selection will have on

improving the social, economic, environmental, and cultural conditions

of the communities in the urban area.

1-103. Except where such selection is otherwise prohibited, the

process for meeting Federal space needs in urban areas shall give first

consideration to a centralized community business area and adjacent

areas of similar character, including other specific areas which may be

recommended by local officials.

1-104. The process of meeting Federal space needs in urban areas

shall be consistent with the policies of this Order and shall include

consideration of the following criteria:

(a) Compatability [sic] of the site with State, regional, or local

development, redevelopment, or conservation objectives.

(b) Conformity with the activities and programs of other Federal

agencies.

the urban area, including the utilization of human, natural, cultural,

and community resources.

(d) Availability of adequate low and moderate income housing for

Federal employees and their families on a nondiscriminatory basis.

(e) Availability of adequate public transportation and parking and

accessibility to the public.

1-105. Procedures for meeting space needs in urban areas shall be

consistent with the policies of this Order and shall include

consideration of the following alternatives:

(a) Availability of existing Federally controlled facilities.

(b) Utilization of buildings of historic, architectural, or cultural

significance within the meaning of section 105 of the Public Buildings

Cooperative Use Act of 1976 (90 Stat. 2507, 40 U.S.C. 612a) [now 40

U.S.C. 3306].

facilities.

(d) Construction of new facilities.

(e) Opportunities for locating cultural, educational, recreational,

or commercial activities within the proposed facility.

1-106. Site selection and space assignments shall take into account

the management needs for consolidation of agencies or activities in

common or adjacent space in order to improve administration and

management and effect economies.

1-2. Administrator of General Services

1-201. The Administrator of General Services shall develop programs

to implement the policies of this Order through the efficient

acquisition and utilization of Federally owned and leased space. In

particular, the Administrator shall:

(a) Select, acquire, and manage Federal space in a manner which will

foster the policies and programs of the Federal government and improve

the management and administration of government activities.

(b) Issue regulations, standards, and criteria for the selection,

acquisition, and management of Federally owned and leased space.

utilization in the executive agencies.

(d) Ensure, in cooperation with the heads of Executive agencies,

that their essential space requirements are met in a manner that is

economically feasible and prudent.

(e) Make maximum use of existing Federally controlled facilities

which, in his judgment, are adequate or economically adaptable to

meeting the space needs of executive agencies.

(f) Annually submit long-range plans and programs for the

acquisition, modernization, and use of space for approval by the

President.

1-202. The Administrator is authorized to request from any Executive

agency such information and assistance deemed necessary to carry out his

functions under this Order. Each agency shall, to the extent not

prohibited by law, furnish such information and assistance to the

Administrator.

1-203. In the process of meeting Federal space needs in urban areas

and implementing the policies of this Order, the Administrator shall:

(a) Consider the efficient performance of the missions and programs

of the agencies, the nature and function of the facilities involved, the

convenience of the public served, and the maintenance and improvement of

safe and healthful working conditions for employees.

(b) Coordinate proposed programs and plans for facilities and space

with the Director of the Office of Management and Budget.

government officials and consider their recommendations for and

objections to a proposed selection site or space acquisition.

(d) Coordinate proposed programs and plans for facilities and space

in a manner designed to implement the purposes of this Order.

(e) Prior to making a final determination concerning the location of

Federal facilities, notify the concerned Executive agency of an intended

course of action and take into account any additional information

provided.

1-204. In ascertaining the social, economic, environmental and other

impacts which site selection would have on a community, the

Administrator shall, when appropriate, obtain the advice of interested

agencies.

1-3. General Provisions

1-301. The heads of Executive agencies shall cooperate with the

Administrator in implementing the policies of this Order and shall

economize on their use of space. They shall ensure that the

Administrator is given early notice of new or changing missions or

organizational realignments which affect space requirements.

1-302. Executive agencies which acquire or utilize Federally owned

or leased space under authority other than the Federal Property and

Administrative Services Act of 1949, as amended [now chapters 1 to 11 of

this title and title III of the Act of June 30, 1949 (41 U.S.C. 251 et

seq.)], shall conform to the provisions of this Order to the extent they

have the authority to do so.

1-303. Executive Order No. 11512 of February 27, 1970, is revoked.

Jimmy Carter.

Executive Order No. 12512

Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, which related to

Federal real property management, was revoked by Ex. Ord. No. 13327,

Sec. 8, Feb. 4, 2004, 69 F.R. 5897, set out below.

Ex. Ord. No. 12954. Ensuring the Economical and Efficient Administration

and Completion of Federal Government Contracts

Ex. Ord. No. 12954, Mar. 8, 1995, 60 F.R. 13023, provided:

Efficient economic performance and productivity are directly related

to the existence of cooperative working relationships between employers

and employees. When Federal contractors become involved in prolonged

labor disputes with their employees, the Federal Government's economy,

efficiency, and cost of operations are adversely affected. In order to

operate as effectively as possible, by receiving timely goods and

quality services, the Federal Government must assist the entities with

which it has contractual relations to develop stable relationships with

their employees.

An important aspect of a stable collective bargaining relationship

is the balance between allowing businesses to operate during a strike

and preserving worker rights. This balance is disrupted when permanent

replacement employees are hired. It has been found that strikes

involving permanent replacement workers are longer in duration than

other strikes. In addition, the use of permanent replacements can change

a limited dispute into a broader, more contentious struggle, thereby

exacerbating the problems that initially led to the strike. By

permanently replacing its workers, an employer loses the accumulated

knowledge, experience, skill, and expertise of its incumbent employees.

These circumstances then adversely affect the businesses and entities,

such as the Federal Government, which rely on that employer to provide

high quality and reliable goods or services.

NOW, THEREFORE, to ensure the economical and efficient

administration and completion of Federal Government contracts, and by

the authority vested in me as President by the Constitution and the laws

of the United States of America, including 40 U.S.C. 486(a) [now 40

U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby ordered as follows:

Section 1. It is the policy of the executive branch in procuring

goods and services that, to ensure the economical and efficient

administration and completion of Federal Government contracts,

contracting agencies shall not contract with employers that permanently

replace lawfully striking employees. All discretion under this Executive

order shall be exercised consistent with this policy.

Sec. 2. (a) The Secretary of Labor (``Secretary'') may investigate

an organizational unit of a Federal contractor to determine whether the

unit has permanently replaced lawfully striking workers. Such

investigation shall be conducted in accordance with procedures

established by the Secretary.

(b) The Secretary shall receive and may investigate complaints by

employees of any entity covered under section 2(a) of this order where

such complaints allege lawfully striking employees have been permanently

replaced.

or she deems advisable, to determine whether an entity covered under

section 2(a) has permanently replaced lawfully striking employees.

Sec. 3. (a) When the Secretary determines that a contractor has

permanently replaced lawfully striking employees, the Secretary may make

a finding that it is appropriate to terminate the contract for

convenience. The Secretary shall transmit that finding to the head of

any department or agency that contracts with the contractor.

(b) The head of the contracting department or agency may object to

the termination for convenience of a contract or contracts of a

contractor determined to have permanently replaced legally striking

employees. If the head of the agency so objects, he or she shall set

forth the reasons for not terminating the contract or contracts in a

response in writing to the Secretary. In such case, the termination for

convenience shall not be issued. The head of the contracting agency or

department shall report to the Secretary those contracts that have been

terminated for convenience under this section.

Sec. 4. (a) When the Secretary determines that a contractor has

permanently replaced lawfully striking employees, the Secretary may

debar the contractor, thereby making the contractor ineligible to

receive government contracts. The Secretary shall notify the

Administrator of the General Services Administration of the debarment,

and the Administrator shall include the contractor on the consolidated

list of debarred contractors. Departments and agencies shall not solicit

offers from, award contracts to, or consent to subcontracts with these

contractors unless the head of the agency or his or her designee

determines, in writing, that there is a compelling reason for such

action, in accordance with the Federal Acquisition Regulation.

(b) The scope of the debarment normally will be limited to those

organizational units of a Federal contractor that the Secretary finds to

have permanently replaced lawfully striking workers.

the labor dispute precipitating the permanent replacement of lawfully

striking workers has been resolved, as determined by the Secretary.

Sec. 5. The Secretary shall publish or cause to be published, in the

Federal Register, the names of contractors that have, in the judgement

of the Secretary, permanently replaced lawfully striking employees and

have been the subject of debarment.

Sec. 6. The Secretary shall be responsible for the administration

and enforcement of this order. The Secretary, after consultation with

the Secretary of Defense, the Administrator of the General Services, the

Administrator of the National Aeronautics and Space Administration, and

the Administrator of the Office of Federal Procurement Policy, may adopt

such rules and regulations and issue such orders as may be deemed

necessary and appropriate to achieve the purposes of this order.

Sec. 7. Each contracting department and agency shall cooperate with

the Secretary and provide such information and assistance as the

Secretary may require in the performance of the Secretary's functions

under this order.

Sec. 8. The Secretary may delegate any function or duty of the

Secretary under this order to any officer in the Department of Labor or

to any other officer in the executive branch of the Government, with the

consent of the head of the department or agency in which that officer

serves.

Sec. 9. The Secretary of Defense, the Administrator of the General

Services, and the Administrator of the National Aeronautics and Space

Administration, after consultation with the Administrator of the Office

of Federal Procurement Policy, shall take whatever action is appropriate

to implement the provisions of this order and of any related rules,

regulations, or orders of the Secretary issued pursuant to this order.

Sec. 10. This order is not intended, and should not be construed, to

create any right or benefit, substantive or procedural, enforceable at

law by a party against the United States, its agencies, its officers, or

its employees. This order is not intended, however, to preclude judicial

review of final agency decisions in accordance with the Administrative

Procedure Act, 5 U.S.C. 701 et seq.

Sec. 11. The meaning of the term ``organizational unit of a Federal

contractor'' as used in this order shall be defined in regulations that

shall be issued by the Secretary of Labor, in consultation with affected

agencies. This order shall apply only to contracts in excess of the

Simplified Acquisition Threshold.

Sec. 12. (a) The provisions of section 3 of this order shall only

apply to situations in which contractors have permanently replaced

lawfully striking employees after the effective date of this order.

(b) This order is effective immediately.

William J. Clinton.

Ex. Ord. No. 12977. Interagency Security Committee

Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by Ex.

Ord. No. 13286, Sec. 23, Feb. 28, 2003, 68 F.R. 10624, provided:

By the authority vested in me as President by the Constitution and

the laws of the United States of America, and in order to enhance the

quality and effectiveness of security in and protection of buildings and

facilities in the United States occupied by Federal employees for

nonmilitary activities (``Federal facilities''), and to provide a

permanent body to address continuing government-wide security for

Federal facilities, it is hereby ordered as follows:

Section 1. Establishment. There is hereby established within the

executive branch the Interagency Security Committee (``Committee''). The

Committee shall consist of: (a) the Secretary of Homeland Security

(``Secretary'');

(b) representatives from the following agencies, appointed by the

agency heads:

(1) Department of State;

(2) Department of the Treasury;

(3) Department of Defense;

(4) Department of Justice;

(5) Department of the Interior;

(6) Department of Agriculture;

(7) Department of Commerce;

(8) Department of Labor;

(9) Department of Health and Human Services;

(10) Department of Housing and Urban Development;

(11) Department of Transportation;

(12) Department of Energy;

(13) Department of Education;

(14) Department of Veterans Affairs;

(15) Environmental Protection Agency;

(16) Central Intelligence Agency;

(17) Office of Management and Budget; and

(18) General Services Administration;

(1) the Director, United States Marshals Service;

(2) the Assistant to the President for National Security Affairs;

and

(3) the Director, Security Policy Board; and

(d) such other Federal employees as the President shall appoint.

Sec. 2. Chair. The Committee shall be chaired by the Secretary, or

the designee of the Secretary.

Sec. 3. Working Groups. The Committee is authorized to establish

interagency working groups to perform such tasks as may be directed by

the Committee.

Sec. 4. Consultation. The Committee may consult with other parties,

including the Administrative Office of the United States Courts, to

perform its responsibilities under this order, and, at the discretion of

the Committee, such other parties may participate in the working groups.

Sec. 5. Duties and Responsibilities. (a) The Committee shall: (1)

establish policies for security in and protection of Federal facilities;

(2) develop and evaluate security standards for Federal facilities,

develop a strategy for ensuring compliance with such standards, and

oversee the implementation of appropriate security measures in Federal

facilities; and

(3) take such actions as may be necessary to enhance the quality and

effectiveness of security and protection of Federal facilities,

including but not limited to:

(A) encouraging agencies with security responsibilities to share

security-related intelligence in a timely and cooperative manner;

(B) assessing technology and information systems as a means of

providing cost-effective improvements to security in Federal facilities;

with threat levels or missions that require blast resistant structures

or other specialized security requirements;

(D) evaluating standards for the location of, and special security

related to, day care centers in Federal facilities; and

(E) assisting the Secretary in developing and maintaining a

centralized security data base of all Federal facilities.

Sec. 6. Agency Support and Cooperation. (a) Administrative Support.

To the extent permitted by law and subject to the availability of

appropriations, the Secretary, acting by and through the Assistant

Commissioner, shall provide the Committee such administrative services,

funds, facilities, staff and other support services as may be necessary

for the performance of its functions under this order.

(b) Cooperation. Each executive agency and department shall

cooperate and comply with the policies and recommendations of the

Committee issued pursuant to this order, except where the Director of

Central Intelligence determines that compliance would jeopardize

intelligence sources and methods. To the extent permitted by law and

subject to the availability of appropriations, executive agencies and

departments shall provide such support as may be necessary to enable the

Committee to perform its duties and responsibilities under this order.

Federal agency compliance with the policies and recommendations of the

Committee.

Sec. 7. Judicial Review. This order is intended only to improve the

internal management of the Federal Government, and is not intended, and

should not be construed, to create any right or benefit, substantive or

procedural, enforceable at law by a party against the United States, its

agencies, its officers, or its employees.

Ex. Ord. No. 13327. Federal Real Property Asset Management

Ex. Ord. No. 13327, Feb. 4, 2004, 69 F.R. 5897, provided:

By the authority vested in me as President by the Constitution and

the laws of the United States of America, including section 121(a) of

title 40, United States Code, and in order to promote the efficient and

economical use of Federal real property resources in accordance with

their value as national assets and in the best interests of the Nation,

it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to promote

the efficient and economical use of America's real property assets and

to assure management accountability for implementing Federal real

property management reforms. Based on this policy, executive branch

departments and agencies shall recognize the importance of real property

resources through increased management attention, the establishment of

clear goals and objectives, improved policies and levels of

accountability, and other appropriate action.

Sec. 2. Definition and Scope. (a) For the purpose of this executive

order, Federal real property is defined as any real property owned,

leased, or otherwise managed by the Federal Government, both within and

outside the United States, and improvements on Federal lands. For the

purpose of this order, Federal real property shall exclude: interests in

real property assets that have been disposed of for public benefit

purposes pursuant to section 484 of title 40, United States Code [now 40

U.S.C. 541-555], and are now held in private ownership; land easements

or rights-of-way held by the Federal Government; public domain land

(including lands withdrawn for military purposes) or land reserved or

dedicated for national forest, national park, or national wildlife

refuge purposes except for improvements on those lands; land held in

trust or restricted fee status for individual Indians or Indian tribes;

and land and interests in land that are withheld from the scope of this

order by agency heads for reasons of national security, foreign policy,

or public safety.

(b) This order shall not be interpreted to supersede any existing

authority under law or by executive order for real property asset

management, with the exception of the revocation of Executive Order

12512 of April 29, 1985 [formerly set out as a note above], in section 8

of this order.

Sec. 3. Establishment and Responsibilities of Agency Senior Real

Property Officer. (a) The heads of all executive branch departments and

agencies cited in sections 901(b)(1) and (b)(2) of title 31, United

States Code, and the Secretary of Homeland Security, shall designate

among their senior management officials, a Senior Real Property Officer.

Such officer shall have the education, training, and experience required

to administer the necessary functions of the position for the particular

agency.

(b) The Senior Real Property Officer shall develop and implement an

agency asset management planning process that meets the form, content,

and other requirements established by the Federal Real Property Council

established in section 4 of this order. The initial agency asset

management plan will be submitted to the Office of Management and Budget

on a date determined by the Director of the Office of Management and

Budget. In developing this plan, the Senior Real Property Officer shall:

(i) identify and categorize all real property owned, leased, or

otherwise managed by the agency, including, where applicable, those

properties outside the United States in which the lease agreements and

arrangements reflect the host country currency or involve alternative

lease plans or rental agreements;

(ii) prioritize actions to be taken to improve the operational and

financial management of the agency's real property inventory;

(iii) make life-cycle cost estimations associated with the

prioritized actions;

(iv) identify legislative authorities that are required to address

these priorities;

(v) identify and pursue goals, with appropriate deadlines,

consistent with and supportive of the agency's asset management plan and

measure progress against such goals;

(vi) incorporate planning and management requirements for historic

property under Executive Order 13287 of March 3, 2003 [16 U.S.C. 470h-2

note], and for environmental management under Executive Order 13148 of

April 21, 2000 [42 U.S.C. 4321 note]; and

(vii) identify any other information and pursue any other actions

necessary to the appropriate development and implementation of the

agency asset management plan.

ongoing basis, for monitoring the real property assets of the agency so

that agency assets are managed in a manner that is:

(i) consistent with, and supportive of, the goals and objectives set

forth in the agency's overall strategic plan under section 306 of title

5, United States Code;

(ii) consistent with the real property asset management principles

developed by the Federal Real Property Council established in section 4

of this order; and

(iii) reflected in the agency asset management plan.

(d) The Senior Real Property Officer shall, on an annual basis,

provide to the Director of the Office of Management and Budget and the

Administrator of General Services:

(i) information that lists and describes real property assets under

the jurisdiction, custody, or control of that agency, except for

classified information; and

(ii) any other relevant information the Director of the Office of

Management and Budget or the Administrator of General Services may

request for inclusion in the Government-wide listing of all Federal real

property assets and leased property.

(e) The designation of the Senior Real Property Officer shall be

made by agencies within 30 days after the date of this order.

Sec. 4. Establishment of a Federal Real Property Council. (a) A

Federal Real Property Council (Council) is established, within the

Office of Management and Budget for administrative purposes, to develop

guidance for, and facilitate the success of, each agency's asset

management plan. The Council shall be composed exclusively of all agency

Senior Real Property Officers, the Controller of the Office of

Management and Budget, the Administrator of General Services, and any

other full-time or permanent part-time Federal officials or employees as

deemed necessary by the Chairman of the Council. The Deputy Director for

Management of the Office of Management and Budget shall also be a member

and shall chair the Council. The Office of Management and Budget shall

provide funding and administrative support for the Council, as

appropriate.

(b) The Council shall provide a venue for assisting the Senior Real

Property Officers in the development and implementation of the agency

asset management plans. The Council shall work with the Administrator of

General Services to establish appropriate performance measures to

determine the effectiveness of Federal real property management. Such

performance measures shall include, but are not limited to, evaluating

the costs and benefits involved with acquiring, repairing, maintaining,

operating, managing, and disposing of Federal real properties at

particular agencies. Specifically, the Council shall consider, as

appropriate, the following performance measures:

(i) life-cycle cost estimations associated with the agency's

prioritized actions;

(ii) the costs relating to the acquisition of real property assets

by purchase, condemnation, exchange, lease, or otherwise;

(iii) the cost and time required to dispose of Federal real property

assets and the financial recovery of the Federal investment resulting

from the disposal;

(iv) the operating, maintenance, and security costs at Federal

properties, including but not limited to the costs of utility services

at unoccupied properties;

(v) the environmental costs associated with ownership of property,

including the costs of environmental restoration and compliance

activities;

(vi) changes in the amounts of vacant Federal space;

(vii) the realization of equity value in Federal real property

assets;

(viii) opportunities for cooperative arrangements with the

commercial real estate community; and

(ix) the enhancement of Federal agency productivity through an

improved working environment. The performance measures shall be designed

to enable the heads of executive branch agencies to track progress in

the achievement of Government-wide property management objectives, as

well as allow for comparing the performance of executive branch agencies

against industry and other public sector agencies.

agencies for best practices in evaluating actual progress in the

implementation of real property enhancements. The Council shall also

work in conjunction with the President's Management Council to assist

the efforts of the Senior Real Property Officials and the implementation

of agency asset management plans.

(d) The Council shall be organized and hold its first meeting within

60 days of the date of this order. The Council shall hold meetings not

less often than once a quarter each fiscal year.

Sec. 5. Role of the General Services Administration. (a) The

Administrator of General Services shall, to the extent permitted by law

and in consultation with the Federal Real Property Council, provide

policy oversight and guidance for executive agencies for Federal real

property management; manage selected properties for an agency at the

request of that agency and with the consent of the Administrator;

delegate operational responsibilities to an agency where the

Administrator determines it will promote efficiency and economy, and

where the receiving agency has demonstrated the ability and willingness

to assume such responsibilities; and provide necessary leadership in the

development and maintenance of needed property management information

systems.

(b) The Administrator of General Services shall publish common

performance measures and standards adopted by the Council.

Federal Real Property Council, shall establish and maintain a single,

comprehensive, and descriptive database of all real property under the

custody and control of all executive branch agencies, except when

otherwise required for reasons of national security. The Administrator

shall collect from each executive branch agency such descriptive

information, except for classified information, as the Administrator

considers will best describe the nature, use, and extent of the real

property holdings of the Federal Government.

(d) The Administrator of General Services, in consultation with the

Federal Real Property Council, may establish data and other information

technology (IT) standards for use by Federal agencies in developing or

upgrading Federal agency real property information systems in order to

facilitate reporting on a uniform basis. Those agencies with particular

IT standards and systems in place and in use shall be allowed to

continue with such use to the extent that they are compatible with the

standards issued by the Administrator.

Sec. 6. General Provisions. (a) The Director of the Office of

Management and Budget shall review, through the management and budget

review processes, the efforts of departments and agencies in

implementing their asset management plans and achieving the Government-

wide property management policies established pursuant to this order.

(b) The Office of Management and Budget and the General Services

Administration shall, in consultation with the landholding agencies,

develop legislative initiatives that seek to improve Federal real

property management through the adoption of appropriate industry

management techniques and the establishment of managerial accountability

for implementing effective and efficient real property management

practices.

affect the authority of the Director of the Office of Management and

Budget with respect to budget, administrative, or legislative proposals.

(d) Nothing in this order shall be construed to affect real property

for the use of the President, Vice President, or, for protective

purposes, the United States Secret Service.

Sec. 7. Public Lands. In order to ensure that Federally owned lands,

other than the real property covered by this order, are managed in the

most effective and economic manner, the Departments of Agriculture and

the Interior shall take such steps as are appropriate to improve their

management of public lands and National Forest System lands and shall

develop appropriate legislative proposals necessary to facilitate that

result.

Sec. 8. Executive Order 12512 of April 29, 1985, is hereby revoked.

Sec. 9. Judicial Review. This order is intended only to improve the

internal management of the executive branch and is not intended to, and

does not, create any right or benefit, substantive or procedural,

enforceable at law or in equity, against the United States, its

departments, agencies, or other entities, its officers or employees, or

any other person.

George W. Bush.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 40USC122]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 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 otherwise

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 discrimination.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

122................................... 40:476. June 30, 1949, ch. 288, title VI, Sec.

606, as added Pub. L. 94-519, Sec. 8,

Oct. 17, 1976, 90 Stat. 2456.

----------------------------------------------------------------------------------------------------------------

References in Text

The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is

classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21

of Title 42, The Public Health and Welfare. For complete classification

of this Act to the Code, see Short Title note set out under section

2000a of Title 42 and Tables.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 40USC123]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 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

(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 Government

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.

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 accordance 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, if at

least one defendant resides or may be found in the court's judicial

district. Jurisdiction and venue are determined without regard to

the place where acts were committed.

(3) Additional defendant outside judicial district.--A defendant

that does not reside and may not be found in the court's judicial

district may be brought in by order of the court, to be served

personally, by publication, or in another reasonable manner directed

by the court.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1070.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

123(a)................................ 40:489(b). June 30, 1949, ch. 288, title II, Sec.

209, 63 Stat. 392.

123(b)................................ 40:489(d).

123(c)................................ 40:489(a).

123(d)................................ 40:489(c).

----------------------------------------------------------------------------------------------------------------

In subsection (a), before clause (1), the words ``under this

subtitle'' are substituted for ``hereunder'' because ``hereunder''

probably means under the Federal Property and Administrative Services

Act of 1949 which is restated in subtitle I of the revised title (except

as noted in section 111 of the revised title and the accompanying

revision note). The words ``or engage in'', ``or engaged in'',

``securing or'', and ``secure or'' are omitted as unnecessary. The word

``money'' is substituted for ``payment'' for consistency in the section.

In subsection (a)(1)(B), the words ``because of each act'' are

substituted for ``by reason thereof'' for clarity.

In subsection (a)(2), the words ``or any Federal agency'' and ``or

any Federal agency, as the case may be'' are omitted as unnecessary.

In subsection (a)(3), the words ``fraudulently obtained'' are

substituted for ``thus secured and obtained'' for clarity and to

eliminate unnecessary words.

In subsection (d)(1), the word ``several'' is omitted as

unnecessary. The words ``the District Court of the United States for the

District of Columbia'' in section 209(c) of the Federal Property and

Administrative Services Act of 1949 are omitted as included in ``a

district court of the United States'' because of sections 88 and 132(a)

of title 28.

Subsection (d)(2) is substituted for ``[D]istrict courts . . .

within whose jurisdictional limits the person, or persons, doing or

committing such act, or any one of them, resides or shall be found,

shall wheresoever such act may have been done or committed, have full

power and jurisdiction to hear, try, and determine such suit'' for

clarity and to use terminology consistent with title 28, especially

28:1331 and 1391(b).

In subsection (d)(3), the words ``A defendant that does not reside

and may not be found in the court's judicial district'' are substituted

for ``and such person or persons as are not inhabitants of or found

within the district in which suit is brought'' for clarity and to use

terminology consistent with title 28, especially 28:1331 and 1391(b).

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 40USC124]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 124. Agency use of amounts for property management

Amounts appropriated, allocated, or available to a federal agency

for purposes similar to the purposes in section 121 of this title or

subchapter I (except section 506), II, or III of chapter 5 of this title

may be used by the agency for the disposition of property under this

subtitle, and for the care and handling of property pending the

disposition, if the Director of the Office of Management and Budget

authorizes the use.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

124................................... 40:475(b). June 30, 1949, ch. 288, title VI, Sec.

603(b), formerly Sec. 503(b), 63

Stat. 403; renumbered [Sec. ] 603(b),

Sept. 5, 1950, ch. 849, Sec. 6(a),

(b), 64 Stat. 583.

----------------------------------------------------------------------------------------------------------------

The words ``heretofore or hereafter'' are omitted as unnecessary.

The words ``Director of the Office of Management and Budget'' are

substituted for ``Director of the Bureau of the Budget'' in section

603(b) 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 (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.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 40USC125]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 125. Library memberships

Amounts appropriated may be used, when authorized by the

Administrator of General Services, for payment in advance for library

memberships in societies whose publications are available to members

only, or to members at a lower price than that charged to the general

public.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

125................................... 40:475(a). June 30, 1949, ch. 288, title VI, Sec.

603(a), formerly Sec. 503(a), 63

Stat. 403; renumbered [Sec. ] 603(a),

Sept. 5, 1950, ch. 849, Sec. 6(a),

(b), 64 Stat. 583; Sept. 5, 1950, ch.

849, Sec. 7(g), 64 Stat. 590.

----------------------------------------------------------------------------------------------------------------

The words ``such sums as may be necessary to carry out the

provisions of this Act'' are omitted as unnecessary.

From the U.S. Code Online via GPO Access

[www.gpoaccess.gov]

[Laws in effect as of January 3, 2007]

[CITE: 40USC126]

TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 1--GENERAL

SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

Sec. 126. Reports to Congress

The Administrator of General Services, at times the Administrator

considers desirable, shall submit a report to Congress on the

administration of this subtitle. The report shall include any

recommendation for amendment of this subtitle that the Administrator

considers appropriate and shall identify any law that is obsolete

because of the enactment or operation of this subtitle.

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1071.)

Historical and Revision Notes

----------------------------------------------------------------------------------------------------------------

Revised Section Source (U.S. Code) Source (Statutes at Large)

----------------------------------------------------------------------------------------------------------------

126................................... 40:492. June 30, 1949, ch. 288, title II, Sec.

212, formerly Sec. 210, 63 Stat. 393;

renumbered Sec. 212, Sept. 5, 1950,

ch. 849, Sec. 5(a), 64 Stat. 580.

----------------------------------------------------------------------------------------------------------------

The words ``in January of each year and'' are omitted pursuant to

section 3003 of the Federal Reports Elimination and Sunset Act of 1995

(31 U.S.C. 1113 note). See, also, page 174 of House Document No. 103-7.

File Type	application/msword
Author	jesonnem
Last Modified By	jesonnem
File Modified	2009-04-14
File Created	2009-04-14