Pub.L. 107-218 To revise the boundary of the Tumacacori National Historical Park in the State of Arizona. <> ...

	Web GovRecords.org

<DOC>



[[Page 1061]]

                                     

                                     

CODIFYING TITLE 40, UNITED STATES CODE--PUBLIC BUILDINGS, PROPERTY, AND 
                                  WORKS

[[Page 116 STAT. 1062]]

Public Law 107-217
107th Congress

                                 An Act


 
To revise, codify, and enact without substantive change certain general 
and permanent laws, related to public buildings, property, and works, as 
  title <<NOTE: Aug. 21, 2002 -  [H.R. 2068]>> 40, United States Code, 
               ``Public Buildings, Property, and Works''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: 40 USC note prec. 101.>> TITLE 40, UNITED STATES 
            CODE.

  Certain general and permanent laws of the United States, related to 
public buildings, property, and works, are revised, codified, and 
enacted as title 40, United States Code, ``Public Buildings, Property, 
and Works'', as follows:

             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS

Subtitle                                                            Sec.
            FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES             101
            PUBLIC BUILDINGS AND WORKS                              3101
            INFORMATION TECHNOLOGY MANAGEMENT                      11101
            APPALACHIAN REGIONAL DEVELOPMENT                       14101
            MISCELLANEOUS                                          17101

        SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

Chapter                                                             Sec.
            GENERAL                                                  101
            ORGANIZATION OF GENERAL SERVICES ADMINISTRATION          301
            PROPERTY MANAGEMENT                                      501
            FOREIGN EXCESS PROPERTY                                  701
            URBAN LAND USE                                           901
            SELECTION OF ARCHITECTS AND ENGINEERS                   1101
            PUBLIC PROPERTY                                         1301

                           CHAPTER 1--GENERAL

                  SUBCHAPTER I--PURPOSE AND DEFINITIONS

Sec.
101.  Purpose.
102.  Definitions.

                          SUBCHAPTER II--SCOPE

111.  Application to Federal Property and Administrative Services Act of 
           1949.
112.  Applicability of certain policies, procedures, and directives in 
           effect on July 1, 1949.
113.  Limitations.

[[Page 116 STAT. 1063]]

               SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

121.  Administrative.
122.  Prohibition on sex discrimination.
123.  Civil remedies for fraud.
124.  Agency use of amounts for property management.
125.  Library memberships.
126.  Reports to Congress.

                  SUBCHAPTER I--PURPOSE AND DEFINITIONS

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.

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--

[[Page 116 STAT. 1064]]

                  (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
                  (C) records of the Government.
          (10) Surplus property.--The term ``surplus property'' means 
        excess property that the Administrator determines is not 
        required to meet the needs or responsibilities of all federal 
        agencies.

[[Page 116 STAT. 1065]]

                          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.

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.

[[Page 116 STAT. 1066]]

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.).
  (c) Limitation Regarding Certain Government Corporations and 
Agencies.--Sections 121(b) and 506(c) of this title do not apply to a 
Government corporation or agency that is subject to chapter 91 of title 
31.
  (d) Limitation Regarding Congress.--This subtitle does not apply to 
the Senate or the House of Representatives (including the Architect of 
the Capitol and any building, activity, or function under the direction 
of the Architect). However, services and facilities authorized by this 
subtitle shall, as far as practicable, be made available to the Senate, 
the House of Representatives, and the Architect of the Capitol on their 
request. If payment would be required for providing a similar service or 
facility to an executive agency, payment shall be made by the recipient, 
on presentation of proper vouchers, in advance or by reimbursement (as 
may be agreed upon by the Administrator of General Services and the 
officer or body making the request). The payment may be credited to the 
applicable appropriation of the executive agency receiving the payment.
  (e) Other Limitations.--Nothing in this subtitle impairs or affects 
the authority of--
          (1) the President under the Philippine Property Act of 1946 
        (22 U.S.C. 1381 et seq.);
          (2) an executive agency, with respect to any program 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;

Other Popular 107th Congressional Public Laws Documents:

Other Documents:

107th Congressional Public Laws Records and Documents