40 U.S.C. § 3176 — Administrator of General Services to fur-

Page 125 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3176 or otherwise made available to the General Services Administration for operating ex- penses and salaries and expenses may be trans- ferred and merged into the ‘‘Major equipment acquisitions and development activity’’ of the working capital fund of the General Services Administration for agency-wide acquisition of capital equipment, automated data processing systems and financial management and man- agement information systems: Provided, That acquisitions are limited to those needed to im- plement the Chief Financial Officers Act of 1990 (Public Law 101–576, 104 Stat. 2838) and re- lated laws or regulations or for agency-wide acquisition of equipment or systems or the ac- quisition of services in lieu thereof, as nec- essary to implement the Act. (2) REQUIREMENTS AND AVAILABILITY.— (A) TIME FOR TRANSFER.—Transfer of an amount under this section must be done no later than the end of the fifth fiscal year after the fiscal year for which the amount is appropriated or otherwise made available. (B) APPROVAL FOR USE.—An amount trans- ferred under this section may be used only with the advance approval of the Commit- tees on Appropriations of the House of Rep- resentatives and the Senate. (C) AVAILABILITY.—An amount transferred under this section remains available until expended. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155; Pub. L. 111–8, div. D, title V, § 518(a), (b), (c)(2), Mar. 11, 2009, 123 Stat. 664, 665; Pub. L. 117–103, div. E, title V, §§ 528, 529, Mar. 15, 2022, 136 Stat. 276.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3173(a), (b) 40:293 (words before proviso). May 3, 1945, ch. 106, title I, 101 (2d complete par. on p. 115), 59 Stat. 115. 3173(c) ........ 40:293 (proviso). In subsection (b)(2), the words ‘‘Administrator of General Services’’ are substituted for ‘‘Federal Works Agency’’ and ‘‘Public Buildings Administration’’ be- cause of section 103(a) of the Federal Property and Ad- ministrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. Editorial Notes REFERENCES IN TEXT The Chief Financial Officers Act of 1990, referred to in subsec. (d)(1), is Pub. L. 101–576, Nov. 15, 1990, 104 Stat. 2838. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 501 of Title 31, Money and Finance, and Tables. AMENDMENTS 2022—Subsec. (b)(1). Pub. L. 117–103, § 529, inserted ‘‘, including advance payments,’’ after ‘‘Amounts re- ceived’’. Subsec. (d)(1). Pub. L. 117–103, § 528, inserted ‘‘or for agency-wide acquisition of equipment or systems or the acquisition of services in lieu thereof, as necessary to implement the Act’’ before period at end. 2009—Pub. L. 111–8, § 518(c)(2), substituted ‘‘Working capital fund for General Services Administration’’ for ‘‘Working capital fund for blueprinting, photostating, and duplicating services in General Services Adminis- tration’’ in section catchline. Subsecs. (a) to (c). Pub. L. 111–8, § 518(a), amended subsecs. (a) to (c) generally. Prior to amendment, sub- secs. (a) to (c) related to establishment and purpose of a working capital fund, components of the fund, and de- posit of excess amounts in the Treasury. Subsec. (d). Pub. L. 111–8, § 518(b), added subsec. (d). § 3174. Operation of public utility communica- tions services serving governmental activi- ties The Administrator of General Services may provide and operate public utility communica- tions services serving any governmental activ- ity when the services are economical and in the interest of the Federal Government. This sec- tion does not apply to communications systems for handling messages of a confidential or secret nature, the operation of cryptographic equip- ment or transmission of secret, security, or coded messages, or buildings operated or occu- pied by the United States Postal Service, except on request of the department or agency con- cerned. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3174 ............ 40:295. June 14, 1946, ch. 404, § 7, 60 Stat. 258. The words ‘‘Administrator of General Services’’ are substituted for ‘‘Commissioner of Public Buildings’’ be- cause of section 103(a) of the Federal Property and Ad- ministrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words ‘‘in and outside the District of Colum- bia’’ are omitted as unnecessary. The words ‘‘United States Postal Service’’ are substituted for ‘‘Post Office Department’’ because of section 6(o) of the Postal Reor- ganization Act (Public Law 91–375, 84 Stat. 783). § 3175. Acceptance of gifts of property The Administrator of General Services, and the United States Postal Service where that of- fice is concerned, may accept on behalf of the Federal Government unconditional gifts of prop- erty in aid of any project or function within their respective jurisdictions. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1155.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3175 ............ 40:298a. June 16, 1949, ch. 218, title IV, § 404, 63 Stat. 199. The words ‘‘Administrator of General Services’’ are substituted for ‘‘Federal Works Administrator’’ be- cause of section 103(a) of the Federal Property and Ad- ministrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words ‘‘United States Postal Service’’ are substituted for ‘‘Postmaster General’’ because of sec- tion 6(o) of the Postal Reorganization Act (Public Law 91–375, 84 Stat. 783). The words ‘‘real, personal, or other’’ are omitted as unnecessary. § 3176. Administrator of General Services to fur- nish services in continental United States to international bodies Sections 1535 and 1536 of title 31 are extended so that the Administrator of General Services, Page 126 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 3177 1 So in original. Two sections 3318 have been enacted. at the request of the Secretary of State, may furnish services in the continental United States, on a reimbursable basis, to any inter- national body with which the Federal Govern- ment is affiliated. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1156.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 3176 ............ 40:298b. June 16, 1949, ch. 218, title IV, § 405, 63 Stat. 199. The words ‘‘Sections 1535 and 1536 of title 31’’ are sub- stituted for ‘‘section 601 of the Economy Act, approved June 30, 1932, as amended’’ because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code. The words ‘‘Administrator of General Services’’ are substituted for ‘‘Public Buildings Admin- istration’’ because of section 103(a) of the Federal Prop- erty and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words ‘‘Secretary of State’’ are substituted for ‘‘State Department’’ because of 22:2651. § 3177. Use of photovoltaic energy in public buildings (a) PHOTOVOLTAIC ENERGY COMMERCIALIZATION PROGRAM.— (1) IN GENERAL.—The Administrator of Gen- eral Services may establish a photovoltaic en- ergy commercialization program for the pro- curement and installation of photovoltaic solar electric systems for electric production in new and existing public buildings. (2) PURPOSES.—The purposes of the program shall be to accomplish the following: (A) To accelerate the growth of a commer- cially viable photovoltaic industry to make this energy system available to the general public as an option which can reduce the na- tional consumption of fossil fuel. (B) To reduce the fossil fuel consumption and costs of the Federal Government. (C) To attain the goal of installing solar energy systems in 20,000 Federal buildings by 2010, as contained in the Federal Govern- ment’s Million Solar Roof Initiative of 1997. (D) To stimulate the general use within the Federal Government of life-cycle costing and innovative procurement methods. (E) To develop program performance data to support policy decisions on future incen- tive programs with respect to energy. (3) ACQUISITION OF PHOTOVOLTAIC SOLAR ELEC- TRIC SYSTEMS.— (A) IN GENERAL.—The program shall pro- vide for the acquisition of photovoltaic solar electric systems and associated storage ca- pability for use in public buildings. (B) ACQUISITION LEVELS.—The acquisition of photovoltaic electric systems shall be at a level substantial enough to allow use of low- cost production techniques with at least 150 megawatts (peak) cumulative acquired dur- ing the 5 years of the program. (4) ADMINISTRATION.—The Administrator shall administer the program and shall— (A) issue such rules and regulations as may be appropriate to monitor and assess the performance and operation of photo- voltaic solar electric systems installed pur- suant to this subsection; (B) develop innovative procurement strate- gies for the acquisition of such systems; and (C) transmit to Congress an annual report on the results of the program. (b) PHOTOVOLTAIC SYSTEMS EVALUATION PRO- GRAM.— (1) IN GENERAL.—Not later than 60 days after the date of enactment of this section, the Ad- ministrator shall establish a photovoltaic solar energy systems evaluation program to evaluate such photovoltaic solar energy sys- tems as are required in public buildings. (2) PROGRAM REQUIREMENT.—In evaluating photovoltaic solar energy systems under the program, the Administrator shall ensure that such systems reflect the most advanced tech- nology. (c) AUTHORIZATION OF APPROPRIATIONS.— (1) PHOTOVOLTAIC ENERGY COMMERCIALIZA- TION PROGRAM.—There are authorized to be ap- propriated to carry out subsection (a) $50,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended. (2) PHOTOVOLTAIC SYSTEMS EVALUATION PRO- GRAM.—There are authorized to be appro- priated to carry out subsection (b) $10,000,000 for each of fiscal years 2006 through 2010. Such sums shall remain available until expended. (Added Pub. L. 109–58, title II, § 204(a), Aug. 8, 2005, 119 Stat. 653.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005. CHAPTER 33—ACQUISITION, CONSTRUCTION, AND ALTERATION Sec. 3301. Definitions and nonapplication. 3302. Prohibition on construction of buildings ex- cept by Administrator of General Services. 3303. Continuing investigation and survey of public buildings. 3304. Acquisition of buildings and sites. 3305. Construction and alteration of buildings. 3306. Accommodating federal agencies. 3307. Congressional approval of proposed projects. 3308. Architectural or engineering services. 3309. Buildings and sites in the District of Colum- bia. 3310. Special rules for leased buildings. 3311. State administration of criminal and health and safety laws. 3312. Compliance with nationally recognized codes. 3313. Procurement of life-cycle cost effective and energy efficient lighting systems. 3314. Baby changing facilities in restrooms. 3315. Delegation. 3316. Report to Congress. 3317. Certain authority not affected. 3318.1 Lactation room in public buildings. 3318.1 Availability of Federal building project infor- mation.