Collapse to view only § 121. Administrative
- § 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
§ 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.
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1068.)
§ 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.)
§ 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
(C) the cost of suit;
(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.
(c)Immunity of Government Officials.—An officer or employee of the 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.)
§ 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.)
§ 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.)
§ 126. Reports to Congress
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)