40 U.S.C. § 124 — Agency use of amounts for property man-

Page 22 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 123 the Act is classified generally to subchapter V (§ 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. § 123. Civil remedies for fraud (a) IN GENERAL.—In connection with the pro- curement, transfer or disposition of property under this subtitle, a person that uses or causes to be used, or enters into an agreement, com- bination, 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 sus- tained 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 per- son, 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 fraud- ulently obtained, with the Government retain- ing as liquidated damages, the money, prop- erty, or other consideration given to the Gov- ernment. (b) ADDITIONAL REMEDIES AND CRIMINAL PEN- ALTIES.—The civil remedies provided in this sec- tion 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 accord- ance with this subtitle and with regulations pre- scribed 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 origi- nal jurisdiction of an action arising under this section, and venue is proper, if at least one de- fendant 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, § 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 Prop- erty 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 accom- panying revision note). The words ‘‘or engage in’’, ‘‘or engaged in’’, ‘‘securing or’’, and ‘‘secure or’’ are omit- ted 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 agen- cy’’ and ‘‘or any Federal agency, as the case may be’’ are omitted as unnecessary. In subsection (a)(3), the words ‘‘fraudulently ob- tained’’ are substituted for ‘‘thus secured and ob- tained’’ 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 Serv- ices 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 per- sons as are not inhabitants of or found within the dis- trict in which suit is brought’’ for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b). § 124. Agency use of amounts for property man- agement Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or sub- chapter I (except section 506), II, or III of chap- ter 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 pend- ing 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, § 603(b), formerly § 503(b), 63 Stat. 403; re- numbered [§] 603(b), Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583. The words ‘‘heretofore or hereafter’’ are omitted as unnecessary. The words ‘‘Director of the Office of Man- agement and Budget’’ are substituted for ‘‘Director of the Bureau of the Budget’’ in section 603(b) of the Fed- eral Property and Administrative Services Act of 1949 Page 23 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 301 1 Section repealed by Pub. L. 111–8 without corresponding amendment of chapter analysis. 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 Reorga- nization Plan No. 2 of 1970 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by sec- tion 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 provi- sion, 31:502, continued the designation as Director of the Office of Management and Budget. § 125. Library memberships Amounts appropriated may be used, when au- thorized by the Administrator of General Serv- ices, for payment in advance for library mem- berships 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, § 603(a), formerly § 503(a), 63 Stat. 403; re- numbered [§] 603(a), Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, § 7(g), 64 Stat. 590. The words ‘‘such sums as may be necessary to carry out the provisions of this Act’’ are omitted as unneces- sary. § 126. Reports to Congress The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on the admin- istration of this subtitle. The report shall in- clude 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, § 212, formerly § 210, 63 Stat. 393; renumbered § 212, Sept. 5, 1950, ch. 849, § 5(a), 64 Stat. 580. The words ‘‘in January of each year and’’ are omitted pursuant to section 3003 of the Federal Reports Elimi- nation and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 174 of House Document No. 103–7. CHAPTER 3—ORGANIZATION OF GENERAL SERVICES ADMINISTRATION SUBCHAPTER I—GENERAL Sec. 301. Establishment. 302. Administrator and Deputy Administrator. 303. Federal Acquisition Service. 304. Federal information centers. 305. Electronic Government and information tech- nologies. SUBCHAPTER II—ADMINISTRATIVE 311. Personnel. Sec. 312. Transfer and use of amounts for major equip- ment acquisitions.1 313. Tests of materials. SUBCHAPTER III—FUNDS 321. Acquisition Services Fund. [322. Repealed.] 323. Consumer Information Center Fund. Editorial Notes AMENDMENTS 2006—Pub. L. 109–313, §§ 2(a)(2), 3(h)(3), Oct. 6, 2006, 120 Stat. 1734, 1736, substituted ‘‘Federal Acquisition Serv- ice’’ for ‘‘Functions’’ in item 303 and ‘‘Acquisition Serv- ices Fund’’ for ‘‘General Supply Fund’’ in item 321 and struck out item 322 ‘‘Information Technology Fund’’. 2002—Pub. L. 107–347, title I, § 102(a)(2), Dec. 17, 2002, 116 Stat. 2910, added item 305. SUBCHAPTER I—GENERAL § 301. Establishment The General Services Administration is an agency in the executive branch of the Federal Government. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 301 ............. 40:751(a). June 30, 1949, ch. 288, title I, § 101(a), 63 Stat. 379. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the General Services Administration, in- cluding the functions of the Administrator of General Services relating thereto, to the Secretary of Home- land Security, and for treatment of related references, see sections 121(g)(5), 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 5-YEAR PLANS FOR FEDERAL BUILDING CONSTRUCTION AND LAND PORT-OF-ENTRY PROJECTS Pub. L. 111–117, div. C, title V, Dec. 16, 2009, 123 Stat. 3188, provided in part: ‘‘That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2011 and thereafter, the annual budget submission to Con- gress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection, include a detailed 5-year plan for Federal land port-of- entry projects with a yearly update of total projected future funding needs’’. Similar provisions were contained in the following prior appropriation act: Pub. L. 111–8, div. D, title V, Mar. 11, 2009, 123 Stat. 660. Executive Documents REORGANIZATION PLAN NO. 18 OF 1950 Eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270 Prepared by the President and transmitted to the Sen- ate and the House of Representatives in Congress as-