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40 U.S.C. § 121Administrative

submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 835 words · no verdicts yet

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This law spells out how federal property rules get made and enforced. The President sets overall policy, the Comptroller General sets accounting standards, and the GSA Administrator writes detailed regulations. The Administrator can delegate most of this work, set up advisory committees, and let investigators administer oaths.

(a) Policies Prescribed by the President. The President may set whatever policies and directives are needed to carry out this subtitle (the federal property laws), as long as they don't conflict with it. (b) Accounting Principles and Standards. (1) The Comptroller General must set the accounting principles and standards agencies use for property, after considering what executive agencies need. (2) The Comptroller General must work with the Administrator of General Services and with executive agencies to build property accounting systems, and must approve those systems once they're adequate and follow the prescribed standards. (3) The Comptroller General must periodically check agencies' property accounting systems to see how well they comply with the standards, and must report to Congress any failure to comply or to properly account for property. (c) Regulations by the Administrator. (1) The Administrator of General Services may issue regulations to carry out this subtitle. (2) The Administrator must issue whatever regulations are needed for the Administrator's own functions, and each executive agency head must issue the orders and directives needed to carry out those regulations. (d) Delegation of Authority by the Administrator. (1) Except as limited by paragraph (2), the Administrator may delegate this subtitle's authority to a General Services Administration official or to the head of another federal agency, and may allow that authority to be passed down again further. (2) The Administrator may not delegate: the authority to write policy regulations that apply to executive agencies; the authority to transfer functions and their funding between components of the General Services Administration (described in subsection (e)); or any other authority this subtitle says can't be delegated. (3) If a department or agency is delegated authority to operate, maintain, or repair a building, it gets to keep the part of the rental payment the Administrator decides is available for that purpose, must spend that money directly on operating, maintaining, or repairing the building, and can keep using that money until it's spent. (e) Assignment of Functions by the Administrator. (1) The Administrator can carry out a function assigned under this subtitle in several ways: having the General Services Administration itself perform it; creating or naming a component of the Administration to perform it; transferring the function from one Administration component to another; directing an executive agency to perform the function for itself (with that agency's consent, or on the President's order); directing one executive agency to perform the function for another (with both agencies' consent, or on the President's order); or combining any of these approaches. (2) If the Administrator moves a function between components within the General Services Administration, the Administrator may also move the related funding, and must report that transfer to the Director of the Office of Management and Budget. If the Administrator moves a function between different executive agencies (including into or out of the Administration itself), the Administrator may also transfer the related staff, records, property, and funding — but that kind of transfer needs the OMB Director's approval. (f) Advisory Committees. The Administrator may create advisory committees to get advice on any of the Administrator's functions under this subtitle. Members serve without pay, but can get their transportation covered and up to $25 a day instead of other expense reimbursement under section 5703 of title 5. (g) Consultation With Federal Agencies. The Administrator must advise and consult with interested federal agencies, and ask for their advice and help, to carry out this subtitle's purposes. (h) Administering Oaths. When doing investigative work, a General Services Administration officer or employee — if the Administrator authorizes it — may administer an oath to a person.
the actual law source: uscode.house.gov ↗public domain
(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.

(c)Regulations by Administrator.—
(1)General authority.—

The Administrator may prescribe regulations to carry out this subtitle.

(2)Required regulations and orders.—

The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator’s functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations.

(d)Delegation of Authority by Administrator.—
(1)In general.—

Except as provided in paragraph (2), the Administrator may delegate authority conferred on the Administrator by this subtitle to an official in the General Services Administration or to the head of another federal agency. The Administrator may authorize successive 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

(C)

other authority for which delegation is prohibited by 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.

(C)

The Administrator may transfer the function from one component of the Administration to another.

(D)

The Administrator may direct an executive agency to perform the function for itself, with the consent of the agency or by direction of the President.

(E)

The Administrator may direct one executive agency to perform the function for another executive agency, with the consent of the agencies concerned or by direction of the President.

(F)

The Administrator may provide for performance of a function by a combination of the methods described in this paragraph.

(2)Transfer of resources.—
(A)Within administration.—

If the Administrator 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.

Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1068.)

history & why it existsrecord from the source credit
  • 2002Enacted · Pub. L. 107-217 · 116 Stat. 1068

A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.

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