US (United States) Code. Title 40. Subtitle I. Chapter 5: Property management

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Public buildings, property and works

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-CITE-

40 USC CHAPTER 5 - PROPERTY MANAGEMENT 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

-HEAD-

CHAPTER 5 - PROPERTY MANAGEMENT

-MISC1-

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

Sec.

501. Services for executive agencies.

502. Services for other entities.

503. Exchange or sale of similar items.

504. Agency cooperation for inspection.

505. Exchange or transfer of medical supplies.

506. Inventory controls and systems.

SUBCHAPTER II - USE OF PROPERTY

521. Policies and methods.

522. Reimbursement for transfer of excess property.

523. Excess real property located on Indian reservations.

524. Duties of executive agencies.

525. Excess personal property for federal agency grantees.

526. Temporary assignment of excess real property.

527. Abandonment, destruction, or donation of property.

528. Utilization of excess furniture.

529. Annual executive agency reports on excess personal

property.

SUBCHAPTER III - DISPOSING OF PROPERTY

541. Supervision and direction.

542. Care and handling.

543. Method of disposition.

544. Validity of transfer instruments.

545. Procedure for disposal.

546. Contractor inventories.

547. Agricultural commodities, foods, and cotton or woolen

goods.

548. Surplus vessels.

549. Donation of personal property through state agencies.

550. Disposal of real property for certain purposes.

551. Donations to American Red Cross.

552. Abandoned or unclaimed property on Government

premises.

553. Property for correctional facility, law enforcement,

and emergency management response purposes.

554. Property for development or operation of a port

facility.

555. Donation of law enforcement canines to handlers.

556. Disposal of dredge vessels.

557. Donation of books to Free Public Library.

558. Donation of forfeited vessels.

559. Advice of Attorney General with respect to antitrust

law.

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

571. General rules for deposit and use of proceeds.

572. Real property.

573. Personal property.

574. Other rules regarding proceeds.

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

581. General authority of Administrator of General

Services.

582. Management of buildings by Administrator of General

Services.

583. Construction of buildings.

584. Assignment and reassignment of space.

585. Lease agreements.

586. Charges for space and services.

587. Telecommuting and other alternative workplace

arrangements.

588. Movement and supply of office furniture.

589. Installation, repair, and replacement of sidewalks.

590. Child care.

591. Purchase of electricity.

592. Federal Buildings Fund.

593. Protection for veterans preference employees.

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

601. Purposes.

602. Authority to establish motor vehicle pools and

transportation systems.

603. Process for establishing motor vehicle pools and

transportation systems.

604. Treatment of assets taken over to establish motor

vehicle pools and transportation systems.

605. Payment of costs.

606. Regulations related to operation.

607. Records.

608. Scrip, tokens, tickets.

609. Identification of vehicles.

610. Discontinuance of motor vehicle pool or system.

611. Duty to report violations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 102, 311, 11701 of this

title; title 6 section 232; title 10 sections 2535, 2696, 9781;

title 49 section 40110.

-End-

-CITE-

40 USC SUBCHAPTER I - PROCUREMENT AND WAREHOUSING 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 124 of this title.

-End-

-CITE-

40 USC Sec. 501 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

Sec. 501. Services for executive agencies

-STATUTE-

(a) Authority of Administrator of General Services. -

(1) In general. - The Administrator of General Services shall

take action under this subchapter for an executive agency -

(A) to the extent that the Administrator of General Services

determines that the action is advantageous to the Federal

Government in terms of economy, efficiency, or service; and

(B) with due regard to the program activities of the agency.

(2) Exemption for defense. - The Secretary of Defense may

exempt the Department of Defense from an action taken by the

Administrator of General Services under this subchapter, unless

the President directs otherwise, whenever the Secretary

determines that an exemption is in the best interests of national

security.

(b) Procurement and Supply. -

(1) Functions. -

(A) In general. - The Administrator of General Services shall

procure and supply personal property and nonpersonal services

for executive agencies to use in the proper discharge of their

responsibilities, and perform functions related to procurement

and supply including contracting, inspection, storage, issue,

property identification and classification, transportation and

traffic management, management of public utility services, and

repairing and converting.

(B) Public utility contracts. - A contract for public utility

services may be made for a period of not more than 10 years.

(2) Policies and methods. -

(A) In general. - The Administrator of General Services shall

prescribe policies and methods for executive agencies regarding

the procurement and supply of personal property and nonpersonal

services and related functions.

(B) Controlling regulation. - Policies and methods prescribed

by the Administrator of General Services under this paragraph

are subject to regulations prescribed by the Administrator for

Federal Procurement Policy under the Office of Federal

Procurement Policy Act (41 U.S.C. 401 et seq.).

(c) Representation. - For transportation and other public utility

services used by executive agencies, the Administrator of General

Services shall represent the agencies -

(1) in negotiations with carriers and other public utilities;

and

(2) in proceedings involving carriers or other public utilities

before federal and state regulatory bodies.

(d) Facilities. - The Administrator of General Services shall

operate, for executive agencies, warehouses, supply centers, repair

shops, fuel yards, and other similar facilities. After consultation

with the executive agencies affected, the Administrator of General

Services shall consolidate, take over, or arrange for executive

agencies to operate the facilities.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1079.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

501(a) 40:481(a) (words June 30, 1949, ch. 288,

before cl. (1), title II, Sec. 201(a), 63

last proviso). Stat. 383; Pub. L. 93-400,

Sec. 15(1), Aug. 30, 1974,

88 Stat. 800; Pub. L. 96-83,

Sec. 10(a), Oct. 10, 1979,

93 Stat. 652; Pub. L.

98-191, Secs. 8(d)(1),

9(a)(2), Dec. 1, 1983, 97

Stat. 1331.

501(b) 40:481(a)(1), (3).

501(c) 40:481(a)(4).

501(d) 40:481(a)(2).

--------------------------------------------------------------------

In subsection (a)(2), the words "from time to time" are omitted

as unnecessary. The words "Department of Defense" are substituted

for "National Military Establishment" in section 201(a) (last

proviso) of the Federal Property and Administrative Services Act of

1949, because the Department of Defense was deemed to succeed the

National Military Establishment under section 12(a) and (g) of the

National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591).

The words "or which may be taken" are omitted as unnecessary.

In subsection (b)(2)(B), the words "subject to regulations" are

substituted for "subject to regulations and regulations" in section

201(a)(1) of the Federal Property and Administrative Services Act

of 1949 to correct an error resulting from an inconsistency between

section 8(d)(1) and section 9(a)(2) of the Office of Federal

Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97

Stat. 1331).

-REFTEXT-

REFERENCES IN TEXT

The Office of Federal Procurement Policy Act, referred to in

subsec. (b)(2)(B), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796,

as amended, which is classified principally to chapter 7 (Sec. 401

et seq.) of Title 41, Public Contracts. For complete classification

of this Act to the Code, see Short Title note set out under section

401 of Title 41 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 321, 322, 502, 504

of this title; title 10 sections 2381, 12603; title 20 section

5207; title 25 section 450j; title 28 section 612; title 50 section

491.

-End-

-CITE-

40 USC Sec. 502 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

Sec. 502. Services for other entities

-STATUTE-

(a) Federal Agencies, Mixed-Ownership Government Corporations,

and the District of Columbia. - On request, the Administrator of

General Services shall provide, to the extent practicable, any of

the services specified in section 501 of this title to -

(1) a federal agency;

(2) a mixed-ownership Government corporation (as defined in

section 9101 of title 31); or

(3) the District of Columbia.

(b) Qualified Nonprofit Agencies. -

(1) In general. - On request, the Administrator may provide, to

the extent practicable, any of the services specified in section

501 of this title to an agency that is -

(A)(i) a qualified nonprofit agency for the blind (as defined

in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C.

48b(3))); or

(ii) a qualified nonprofit agency for other severely

handicapped (as defined in section 5(4) of the

Javits-Wagner-O'Day Act (41 U.S.C. 48b(4))); and

(B) providing a commodity or service to the Federal

Government under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et

seq.).

(2) Use of services. - A nonprofit agency receiving services

under this subsection shall use the services directly in making

or providing to the Government a commodity or service that has

been determined by the Committee for Purchase From People Who Are

Blind or Severely Disabled under section 2 of the

Javits-Wagner-O'Day Act (41 U.S.C. 47) to be suitable for

procurement by the Government.

(c) Use of Certain Supply Schedules. -

(1) In general. - The Administrator may provide for the use by

State or local governments of Federal supply schedules of the

General Services Administration for automated data processing

equipment (including firmware), software, supplies, support

equipment, and services (as contained in Federal supply

classification code group 70).

(2) Voluntary use. - In any case of the use by a State or local

government of a Federal supply schedule pursuant to paragraph

(1), participation by a firm that sells to the Federal Government

through the supply schedule shall be voluntary with respect to a

sale to the State or local government through such supply

schedule.

(3) Definitions. - In this subsection:

(A) The term "State or local government" includes any State,

local, regional, or tribal government, or any instrumentality

thereof (including any local educational agency or institution

of higher education).

(B) The term "tribal government" means -

(i) the governing body of any Indian tribe, band, nation,

or other organized group or community located in the

continental United States (excluding the State of Alaska)

that is recognized as eligible for the special programs and

services provided by the United States to Indians because of

their status as Indians, and

(ii) any Alaska Native regional or village corporation

established pursuant to the Alaska Native Claims Settlement

Act (43 U.S.C. 1601 et seq.).

(C) The term "local educational agency" has the meaning given

that term in section 8013 of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7713).

(D) The term "institution of higher education" has the

meaning given that term in section 101(a) of the Higher

Education Act of 1965 (20 U.S.C. 1001(a)).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107-347,

title II, Sec. 211(a), Dec. 17, 2002, 116 Stat. 2939.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

502(a) 40:481(b)(1). June 30, 1949, ch. 288,

title II, Sec. 201(b), 63

Stat. 384; Sept. 5, 1950,

ch. 849, Sec. 8(b), 64 Stat.

591; Pub. L. 103-355, title

I, Sec. 1555, Oct. 13, 1994,

108 Stat. 3300; Pub. L.

105-61, title IV, Sec. 413,

Oct. 10, 1997, 111 Stat.

1300.

502(b) 40:481(b)(2).

--------------------------------------------------------------------

In subsection (b)(2), the words "the authority of" in

40:481(b)(2)(B) are omitted as unnecessary. The words "Committee

for Purchase From People Who Are Blind or Severely Disabled" are

substituted for ["]Committee for Purchase from the Blind and Other

Severely Handicapped" because of section 911(a) of the

Rehabilitation Act Amendments of 1992 (Public Law 102-569, 106

Stat. 4486) and section 301 of the Rehabilitation Act Amendments of

1993 (Public Law 103-73, 107 Stat. 736).

-REFTEXT-

REFERENCES IN TEXT

The Javits-Wagner-O'Day Act, referred to in subsec. (b)(1)(B), is

act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is

classified to sections 46 to 48c of Title 41, Public Contracts. For

complete classification of this Act to the Code, see Tables.

The Alaska Native Claims Settlement Act, referred to in subsec.

(c)(3)(B)(ii), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as

amended, which is classified generally to chapter 33 (Sec. 1601 et

seq.) of Title 43, Public Lands. For complete classification of

this Act to the Code, see Short Title note set out under section

1601 of Title 43 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c). Pub. L. 107-347 added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,

2002, see section 402(a) of Pub. L. 107-347, set out as an

Effective Date note under section 3601 of Title 44, Public Printing

and Documents.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title; title

28 section 612; title 50 section 491.

-End-

-CITE-

40 USC Sec. 503 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

Sec. 503. Exchange or sale of similar items

-STATUTE-

(a) Authority of Executive Agencies. - In acquiring personal

property, an executive agency may exchange or sell similar items

and may apply the exchange allowance or proceeds of sale in whole

or in part payment for the property acquired.

(b) Applicable Regulation and Law. -

(1) Regulations prescribed by administrator of general

services. - A transaction under subsection (a) must be carried

out in accordance with regulations the Administrator of General

Services prescribes, subject to regulations prescribed by the

Administrator for Federal Procurement Policy under the Office of

Federal Procurement Policy Act (41 U.S.C. 401 et seq.).

(2) In writing. - A transaction under subsection (a) must be

evidenced in writing.

(3) Section 3709 of revised statutes. - Section 3709 of the

Revised Statutes (41 U.S.C. 5) applies to a sale of property

under subsection (a), except that fixed price sales may be

conducted in the same manner and subject to the same conditions

as are applicable to the sale of property under section 545(d) of

this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

503 40:481(c). June 30, 1949, ch. 288,

title II, Sec. 201(c), 63

Stat. 384; Pub. L. 93-400,

Sec. 15(2), Aug. 30, 1974,

88 Stat. 800; Pub. L. 96-83,

Sec. 10(a), Oct. 10, 1979,

93 Stat. 652; Pub. L.

98-191, Secs. 8(d)(1),

9(a)(2), Dec. 1, 1983, 97

Stat. 1331; Pub. L. 100-612,

Sec. 2, Nov. 5, 1988, 102

Stat. 3180.

--------------------------------------------------------------------

In subsection (a), the words "in such cases" are omitted as

unnecessary.

In subsection (b)(1), the words "subject to regulations" are

substituted for "subject to regulations and regulations" in section

201(c) of the Federal Property and Administrative Services Act of

1949 to correct an error resulting from an inconsistency between

section 8(d)(1) and section 9(a)(2) of the Office of Federal

Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97

Stat. 1331).

In subsection (b)(2), the words "the authority of" are omitted as

unnecessary.

-REFTEXT-

REFERENCES IN TEXT

The Office of Federal Procurement Policy Act, referred to in

subsec. (b)(1), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as

amended, which is classified principally to chapter 7 (Sec. 401 et

seq.) of Title 41, Public Contracts. For complete classification of

this Act to the Code, see Short Title note set out under section

401 of Title 41 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title; title

22 sections 1475a, 2674; title 28 section 612; title 50 section

491.

-End-

-CITE-

40 USC Sec. 504 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

Sec. 504. Agency cooperation for inspection

-STATUTE-

(a) Receiving Assistance. - An executive agency may use the

services, work, materials, and equipment of another executive

agency, with the consent of the other executive agency, to inspect

personal property incident to procuring the property.

(b) Providing Assistance. - Notwithstanding section 1301(a) of

title 31 or any other law, an executive agency may provide

services, work, materials, and equipment for purposes of this

section without reimbursement or transfer of amounts.

(c) Policies and Methods. - The use or provision of services,

work, materials, and equipment under this section must be in

conformity with policies and methods the Administrator of General

Services prescribes under section 501 of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

504 40:481(d). June 30, 1949, ch. 288,

title II, Sec. 201(d), as

added Pub. L. 85-781, Aug.

27, 1958, 72 Stat. 936.

--------------------------------------------------------------------

In subsection (b), the words "section 1301(a) of title 31" are

substituted for "section 3678 of the Revised Statutes (31 U.S.C.

628)" in section 201(d) of the Federal Property and Administrative

Services Act of 1949 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.

In subsection (c), the words "and methods" are added for

consistency with section 501(b)(2) of the revised title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title; title

28 section 612; title 50 section 491.

-End-

-CITE-

40 USC Sec. 505 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

Sec. 505. Exchange or transfer of medical supplies

-STATUTE-

(a) Excess Property Determination. -

(1) In general. - Medical materials or supplies an executive

agency holds for national emergency purposes are considered

excess property for purposes of subchapter II when the head of

the agency determines that -

(A) the remaining storage or shelf life is too short to

justify continued retention for national emergency purposes;

and

(B) transfer or other disposal is in the national interest.

(2) Timing. - To the greatest extent practicable, the head of

the agency shall make the determination in sufficient time to

allow for the transfer or other disposal and use of medical

materials or supplies before their shelf life expires and they

are rendered unfit for human use.

(b) Transfer or Exchange. -

(1) In general. - In accordance with regulations the

Administrator of General Services prescribes, medical materials

or supplies considered excess property may be transferred to

another federal agency or exchanged with another federal agency

for other medical materials or supplies.

(2) Use of proceeds. - Any proceeds derived from a transfer

under this section may be credited to the current applicable

appropriation or fund of the transferor agency and shall be

available only to purchase medical materials or supplies to be

held for national emergency purposes.

(3) Disposal as surplus property. - If the materials or

supplies are not transferred to or exchanged with another federal

agency, they shall be disposed of as surplus property.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

505 40:481(e). June 30, 1949, ch. 288,

title II, Sec. 201(e), as

added Pub. L. 91-426, Sec.

1, Sept. 26, 1970, 84 Stat.

883.

--------------------------------------------------------------------

In subsection (a)(2), the words "holding such medical materials

or supplies" and "provided for in the first sentence of this

subsection" are omitted as unnecessary because of the

reorganization of the revised section. The words "in sufficient

time to allow for" are substituted for "at such times as to insure

. . . in sufficient time" for clarity and to eliminate unnecessary

words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title; title

28 section 612; title 50 section 491.

-End-

-CITE-

40 USC Sec. 506 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

-HEAD-

Sec. 506. Inventory controls and systems

-STATUTE-

(a) Activities of the Administrator of General Services. -

(1) In general. - Subject to paragraph (2), and after adequate

advance notice to affected executive agencies, the Administrator

of General Services may undertake the following activities as

necessary to carry out functions under this chapter:

(A) Surveys and reports. - Survey and obtain executive agency

reports on Federal Government property and property management

practices.

(B) Inventory levels. - Cooperate with executive agencies to

establish reasonable inventory levels for property stocked by

them, and report any excessive inventory levels to Congress and

to the Director of the Office of Management and Budget.

(C) Federal supply catalog system. - Establish and maintain a

uniform federal supply catalog system that is appropriate to

identify and classify personal property under the control of

federal agencies.

(D) Standard purchase specifications and standard forms and

procedures. - Prescribe standard purchase specifications and

standard forms and procedures (except forms and procedures that

the Comptroller General prescribes by law) subject to

regulations the Administrator for Federal Procurement Policy

prescribes under the Office of Federal Procurement Policy Act

(41 U.S.C. 401 et seq.).

(2) Special considerations regarding department of defense. -

(A) In general. - The Administrator of General Services shall

carry out activities under paragraph (1) with due regard to the

requirements of the Department of Defense, as determined by the

Secretary of Defense.

(B) Federal supply catalog system. - In establishing and

maintaining a uniform federal supply catalog system under

paragraph (1)(C), the Administrator of General Services and the

Secretary shall coordinate to avoid unnecessary duplication.

(b) Activities of Federal Agencies. - Each federal agency shall

use the uniformed federal supply catalog system, the standard

purchase specifications, and the standard forms and procedures

established under subsection (a), except as the Administrator of

General Services, considering efficiency, economy, or other

interests of the Government, may otherwise provide.

(c) Audit of Property Accounts. - The Comptroller General shall

audit all types of property accounts and transactions. Audits shall

be conducted at the time and in the manner the Comptroller General

decides and as far as practicable at the place where the property

or records of the executive agencies are kept. Audits shall include

an evaluation of the effectiveness of internal controls and audits,

and a general audit of the discharge of accountability for

Government-owned or controlled property, based on generally

accepted principles of auditing.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1082.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

506 40:487. June 30, 1949, ch. 288,

title II, Sec. 206, 63 Stat.

390; July 12, 1952, ch. 703,

Sec. 1(k), 66 Stat. 593;

Pub. L. 93-400, Sec. 15(3),

Aug. 30, 1974, 88 Stat. 800;

Pub. L. 96-83, Sec. 10(a),

Oct. 10, 1979, 93 Stat. 652;

Pub. L. 98-191, Secs.

8(d)(1), 9(a)(2), Dec. 1,

1983, 97 Stat. 1331.

--------------------------------------------------------------------

In subsection (a)(1)(B), the words "from time to time" are

omitted as unnecessary. The words "Director of the Office of

Management and Budget" are substituted for "Director of the Bureau

of the Budget" in section 206(a)(2) of the Federal Property and

Administrative Services Act of 1949 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 Reorganization

Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102

of Reorganization Plan No. 2 of 1970, was repealed by section 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 provision, 31:502, continued the

designation as Director of the Office of Management and Budget.

In subsection (a)(1)(D), the words "Subject to regulations" are

substituted for "subject to regulations and regulations" in section

206(a)(4) of the Federal Property and Administrative Services Act

of 1949 to correct an error resulting from an inconsistency between

section 8(d)(1) and section 9(a)(2) of the Office of Federal

Procurement Policy Act Amendments of 1983 (Public Law 98-191, 97

Stat. 1331).

In subsection (a)(2)(A), the words "Department of Defense" are

substituted for "National Military Establishment" in section 206(a)

of the Federal Property and Administrative Services Act of 1949

because the Department of Defense is deemed to succeed the National

Military Establishment under section 12(a) and (g) of the National

Security Act Amendments of 1949 (ch. 412, 63 Stat. 591).

In subsection (c), the words "Comptroller General" are

substituted for "General Accounting Office" because of 31:702 and

for consistency in the revised title.

-REFTEXT-

REFERENCES IN TEXT

The Office of Federal Procurement Policy Act, referred to in

subsec. (a)(1)(D), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796,

as amended, which is classified principally to chapter 7 (Sec. 401

et seq.) of Title 41, Public Contracts. For complete classification

of this Act to the Code, see Short Title note set out under section

401 of Title 41 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 124 of this title.

-End-

-CITE-

40 USC SUBCHAPTER II - USE OF PROPERTY 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

SUBCHAPTER II - USE OF PROPERTY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 124, 505, 702 of this

title; title 10 section 2814; title 38 section 8162.

-End-

-CITE-

40 USC Sec. 521 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 521. Policies and methods

-STATUTE-

Subject to section 523 of this title, in order to minimize

expenditures for property, the Administrator of General Services

shall -

(1) prescribe policies and methods to promote the maximum use

of excess property by executive agencies; and

(2) provide for the transfer of excess property -

(A) among federal agencies; and

(B) to the organizations specified in section 321(c)(2) of

this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

521 40:483(a)(1) (1st June 30, 1949, ch. 288,

sentence). title II, Sec. 202(a)(1)

(1st sentence), 63 Stat.

384; July 12, 1952, ch. 703,

Sec. 1(f), 66 Stat. 593;

Pub. L. 93-599, (1), Jan. 2,

1975, 88 Stat. 1954.

--------------------------------------------------------------------

The words "the provisions of" are omitted as unnecessary.

OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL

PROPERTY IN GUAM

Pub. L. 106-504, Sec. 1, Nov. 13, 2000, 114 Stat. 2309, provided

that:

"(a) Transfer of Excess Real Property. - (1) Except as provided

in subsection (d), before screening excess real property located on

Guam for further Federal utilization under section 202 [now 40

U.S.C. 521 et seq.] of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 471 et seq.) [now 40 U.S.C. 101 et

seq.] (hereinafter the 'Property Act'), the Administrator shall

notify the Government of Guam that the property is available for

transfer pursuant to this section.

"(2) If the Government of Guam, within 180 days after receiving

notification under paragraph (1), notifies the Administrator that

the Government of Guam intends to acquire the property under this

section, the Administrator shall transfer such property in

accordance with subsection (b). Otherwise, the property shall be

screened for further Federal use and then, if there is no other

Federal use, shall be disposed of in accordance with the Property

Act.

"(b) Conditions of Transfer. - (1) Any transfer of excess real

property to the Government of Guam may be only for a public purpose

and shall be without further consideration.

"(2) All transfers of excess real property to the Government of

Guam shall be subject to such restrictive covenants as the

Administrator, in consultation with the Secretary of Defense, in

the case of property reported excess by a military department,

determines to be necessary to ensure that: (A) the use of the

property is compatible with continued military activities on Guam;

(B) the use of the property is consistent with the environmental

condition of the property; (C) access is available to the United

States to conduct any additional environmental remediation or

monitoring that may be required; (D) the property is used only for

a public purpose and can not be converted to any other use; and (E)

to the extent that facilities on the property have been occupied

and used by another Federal agency for a minimum of 2 years, that

the transfer to the Government of Guam is subject to the terms and

conditions for such use and occupancy.

"(3) All transfers of excess real property to the Government of

Guam are subject to all otherwise applicable Federal laws, except

section 2696 of title 10, United States Code, or section 501 of

Public Law 100-77 (42 U.S.C. 11411).

"(c) Definitions. - For the purposes of this section:

"(1) The term 'Administrator' means -

"(A) the Administrator of General Services; or

"(B) the head of any Federal agency with the authority to

dispose of excess real property on Guam.

"(2) The term 'base closure law' means the Defense

Authorization Amendments and Base Closure and Realignment Act of

1988 (Public Law 100-526) [see Short Title of 1988 Amendment note

set out under section 2687 of Title 10, Armed Forces], the

Defense Base Closure and Realignment Act of 1990 (Public Law

101-510) [part A of title XXIX of Pub. L. 101-510; 10 U.S.C. 2687

note], or similar base closure authority.

"(3) The term 'excess real property' means excess property (as

that term is defined in section 3 of the Property Act [now 40

U.S.C. 102]) that is real property and was acquired by the United

States prior to the enactment of this section [Nov. 13, 2000].

"(4) The term 'Guam National Wildlife Refuge' includes those

lands within the refuge overlay under the jurisdiction of the

Department of Defense, identified as DoD lands in figure 3, on

page 74, and as submerged lands in figure 7, on page 78 of the

'Final Environmental Assessment for the Proposed Guam National

Wildlife Refuge, Territory of Guam, July 1993' to the extent that

the Federal Government holds title to such lands.

"(5) The term 'public purpose' means those public benefit

purposes for which the United States may dispose of property

pursuant to section 203 of the Property Act [now 40 U.S.C. 541 et

seq.], as implemented by the Federal Property Management

Regulations (41 CFR 101-47) or the specific public benefit uses

set forth in section 3(c) of the Guam Excess Lands Act (Public

Law 103-339; 108 Stat. 3116), except that such definition shall

not include the transfer of land to an individual or entity for

private use other than on a nondiscriminatory basis.

"(d) Exemptions. - Notwithstanding that such property may be

excess real property, the provisions of this section shall not

apply -

"(1) to real property on Guam that is declared excess by the

Department of Defense for the purpose of transferring that

property to the Coast Guard;

"(2) to real property on Guam that is located within the Guam

National Wildlife Refuge, which shall be transferred according to

the following procedure:

"(A) The Administrator shall notify the Government of Guam

and the Fish and Wildlife Service that such property has been

declared excess. The Government of Guam and the Fish and

Wildlife Service shall have 180 days to engage in discussions

toward an agreement providing for the future ownership and

management of such real property.

"(B) If the parties reach an agreement under subparagraph (A)

within 180 days after notification of the declaration of

excess, the real property shall be transferred and managed in

accordance with such agreement: Provided, That such agreement

shall be transmitted to the Committee on Energy and Natural

Resources of the United States Senate and the appropriate

committees of the United States House of Representatives not

less than 60 days prior to such transfer and any such transfer

shall be subject to the other provisions of this section.

"(C) If the parties do not reach an agreement under

subparagraph (A) within 180 days after notification of the

declaration of excess, the Administrator shall provide a report

to Congress on the status of the discussions, together with his

recommendations on the likelihood of resolution of differences

and the comments of the Fish and Wildlife Service and the

Government of Guam. If the subject property is under the

jurisdiction of a military department, the military department

may transfer administrative control over the property to the

General Services Administration subject to any terms and

conditions applicable to such property. In the event of such a

transfer by a military department to the General Services

Administration, the Department of the Interior shall be

responsible for all reasonable costs associated with the

custody, accountability and control of such property until

final disposition.

"(D) If the parties come to agreement prior to congressional

action, the real property shall be transferred and managed in

accordance with such agreement: Provided, That such agreement

shall be transmitted to the Committee on Energy and Natural

Resources of the United States Senate and the appropriate

committees of the United States House of Representatives not

less than 60 days prior to such transfer and any such transfer

shall be subject to the other provisions of this section.

"(E) Absent an agreement on the future ownership and use of

the property, such property may not be transferred to another

Federal agency or out of Federal ownership except pursuant to

an Act of Congress specifically identifying such property;

"(3) to real property described in the Guam Excess Lands Act

(Public Law 103-339; 108 Stat. 3116) which shall be disposed of

in accordance with such Act;

"(4) to real property on Guam that is declared excess as a

result of a base closure law; or

"(5) to facilities on Guam declared excess by the managing

Federal agency for the purpose of transferring the facility to a

Federal agency that has occupied the facility for a minimum of 2

years when the facility is declared excess together with the

minimum land or interest therein necessary to support the

facility.

"(e) Dual Classification Property. - If a parcel of real property

on Guam that is declared excess as a result of a base closure law

also falls within the boundary of the Guam National Wildlife

Refuge, such parcel of property shall be disposed of in accordance

with the base closure law.

"(f) Authority To Issue Regulations. - The Administrator of

General Services, after consultation with the Secretary of Defense

and the Secretary of the Interior, may issue such regulations as he

deems necessary to carry out this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title.

-End-

-CITE-

40 USC Sec. 522 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 522. Reimbursement for transfer of excess property

-STATUTE-

(a) In General. - Subject to subsections (b) and (c) of this

section, the Administrator of General Services, with the approval

of the Director of the Office of Management and Budget, shall

prescribe the amount of reimbursement required for a transfer of

excess property.

(b) Reimbursement At Fair Value. - The amount of reimbursement

required for a transfer of excess property is the fair value of the

property, as determined by the Administrator, if -

(1) net proceeds are requested under section 574(a) of this

title; or

(2) either the transferor or the transferee agency (or the

organizational unit affected) is -

(A) subject to chapter 91 of title 31; or

(B) an organization specified in section 321(c)(2) of this

title.

(c) Distribution Through General Services Administration Supply

Centers. - Excess property determined by the Administrator to be

suitable for distribution through the supply centers of the General

Services Administration shall be retransferred at prices set by the

Administrator with due regard to prices established under section

321(d) of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

522 40:483(a)(1) (last June 30, 1949, ch. 288,

sentence). title II, Sec. 202(a)(1)

(last sentence), 63 Stat.

384; July 12, 1952, ch. 703,

Sec. 1(f), 66 Stat. 593.

--------------------------------------------------------------------

In subsection (a), the words "Director of the Office of

Management and Budget" are substituted for "Director of the Bureau

of the Budget" in section 202(a)(1) (last sentence) of the Federal

Property and Administrative Services Act of 1949 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 Reorganization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat.

2085). Section 102 of Reorganization Plan No. 2 of 1970, was

repealed by section 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 provision, 31:502,

continued the designation as Director of the Office of Management

and Budget.

In subsection (b)(1), the reference to "section 204(b)" in

section 202(a)(1) (last sentence) of the Federal Property and

Administrative Services Act of 1949 is translated as a reference to

section 204(c) of the Act because subsection (b) was redesignated

as (c) by the Act of August 31, 1954 (ch.1178, 68 Stat. 1051).

In subsection (b)(2)(A), the words "chapter 91 of title 31" are

substituted for "the Government Corporation Control Act (59 Stat.

597, 31 U.S.C. 841)" in section 202(a)(1) (last sentence) of the

Federal Property and Administrative Services Act of 1949 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.

In subsection (c), the word "at" is substituted for "as" (in the

phrase "as [sic] prices set by the Administrator") to reflect the

probable intent of Congress. See Senate Report No. 2075, dated July

2, 1952 (United States Code Congressional and Administrative News,

82nd Congress, 2d Session, 1952, Volume 2, p. 2123).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title.

-End-

-CITE-

40 USC Sec. 523 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 523. Excess real property located on Indian reservations

-STATUTE-

(a) Procedures for Transfer. - The Administrator of General

Services shall prescribe procedures necessary to transfer to the

Secretary of the Interior, without compensation, excess real

property located within the reservation of any group, band, or

tribe of Indians that is recognized as eligible for services by the

Bureau of Indian Affairs.

(b) Property Held in Trust. -

(1) In general. - Except as provided in paragraph (2), the

Secretary shall hold excess real property transferred under this

section in trust for the benefit and use of the group, band, or

tribe of Indians, within whose reservation the excess real

property is located.

(2) Special requirement for oklahoma. - The Secretary shall

hold excess real property that is located in Oklahoma and

transferred under this section in trust for Oklahoma Indian

tribes recognized by the Secretary if the real property -

(A) is located within boundaries of former reservations in

Oklahoma, as defined by the Secretary, and was held in trust by

the Federal Government for an Indian tribe when the Government

acquired it; or

(B) is contiguous to real property presently held in trust by

the Government for an Oklahoma Indian tribe and was held in

trust by the Government for an Indian tribe at any time.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

523 40:483(a)(2). June 30, 1949, ch. 288,

title II, Sec. 202(a)(2), as

added Pub. L. 93-599, (2),

Jan. 2, 1975, 88 Stat. 1954.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 521, 556 of this title;

title 25 section 1812.

-End-

-CITE-

40 USC Sec. 524 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 524. Duties of executive agencies

-STATUTE-

(a) Required. - Each executive agency shall -

(1) maintain adequate inventory controls and accountability

systems for property under its control;

(2) continuously survey property under its control to identify

excess property;

(3) promptly report excess property to the Administrator of

General Services;

(4) perform the care and handling of excess property; and

(5) transfer or dispose of excess property as promptly as

possible in accordance with authority delegated and regulations

prescribed by the Administrator.

(b) Required as Far as Practicable. - Each executive agency, as

far as practicable, shall -

(1) reassign property to another activity within the agency

when the property is no longer required for the purposes of the

appropriation used to make the purchase;

(2) transfer excess property under its control to other federal

agencies and to organizations specified in section 321(c)(2) of

this title; and

(3) obtain excess property from other federal agencies.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

524(a) 40:483(b). June 30, 1949, ch. 288,

title II, Sec. 202(b), 63

Stat. 384.

524(b) 40:483(c). June 30, 1949, ch. 288,

title II, Sec. 202(c), 63

Stat. 384; July 12, 1952,

ch. 703, Sec. 1(g), 66 Stat.

593.

--------------------------------------------------------------------

In clause (a)(2), the word "identify" is substituted for

"determine which is" to eliminate unnecessary words.

In clause (b)(1), the words "determined to be" are omitted as

unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title; title

42 section 11411.

-End-

-CITE-

40 USC Sec. 525 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 525. Excess personal property for federal agency grantees

-STATUTE-

(a) General Prohibition. - A federal agency is prohibited from

obtaining excess personal property for the purpose of furnishing

the property to a grantee of the agency, except as provided in this

section.

(b) Exception for Public Agencies and Tax-exempt Nonprofit

Organizations. -

(1) In general. - Under regulations the Administrator of

General Services may prescribe, a federal agency may obtain

excess personal property for the purpose of furnishing it to a

public agency or an organization that is nonprofit and exempt

from taxation under section 501 of the Internal Revenue Code of

1986 (26 U.S.C. 501), if -

(A) the agency or organization is conducting a federally

sponsored project pursuant to a grant made for a specific

purpose with a specific termination provision;

(B) the property is to be furnished for use in connection

with the grant; and

(C)(i) the sponsoring federal agency pays an amount equal to

25 percent of the original acquisition cost (except for costs

of care and handling) of the excess property; and

(ii) the amount is deposited in the Treasury as miscellaneous

receipts.

(2) Title. - Title to excess property obtained under this

subsection vests in the grantee. The grantee shall account for

and dispose of the property in accordance with procedures

governing accountability for personal property acquired under

grant agreements.

(c) Exception for Certain Property Furnished by Secretary of

Agriculture. -

(1) Definition. - In this subsection, the term "State" means a

State of the United States, Puerto Rico, Guam, American Samoa,

the Northern Mariana Islands, the Federated States of Micronesia,

the Marshall Islands, Palau, the Virgin Islands, and the District

of Columbia.

(2) In general. - Under regulations and restrictions the

Administrator may prescribe, subsection (a) does not apply to

property furnished by the Secretary of Agriculture to -

(A) a state (!1) or county extension service engaged in

cooperative agricultural extension work under the Smith-Lever

Act (7 U.S.C. 341 et seq.);

(B) a state (!1) experiment station engaged in cooperative

agricultural research work under the Hatch Act of 1887 (7

U.S.C. 361a et seq.); or

(C) an institution engaged in cooperative agricultural

research or extension work under section 1433, 1434, 1444, or

1445 of the National Agricultural Research, Extension, and

Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or

3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.),

if the Federal Government retains title.

(d) Other Exceptions. - Under regulations and restrictions the

Administrator may prescribe, subsection (a) does not apply to -

(1) property furnished under section 608 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the

Administrator determines that the property is not needed for

donation under section 549 of this title;

(2) scientific equipment furnished under section 11(e) of the

National Science Foundation Act of 1950 (42 U.S.C. 1870(e));

(3) property furnished under section 203 of the Department of

Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection

with the Cooperative Forest Fire Control Program, if the

Government retains title; or

(4) property furnished in connection with a grant to a tribe,

as defined in section 3(c) of the Indian Financing Act of 1974

(25 U.S.C. 1452(c)).

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

525(a) 40:483(d) (words June 30, 1949, ch. 288,

before par. (1)). title II, Sec. 202(d), as

added Pub. L. 94-519, Sec.

3, Oct. 17, 1976, 90 Stat.

2454; Pub. L. 97-98, title

XIV, Sec. 1443, Dec. 22,

1981, 95 Stat. 1321.

525(b) 40:483(d)(1).

525(c) 40:483(d)(2)(E).

525(d) 40:483(d)(2)(A)-(D).

--------------------------------------------------------------------

In subsection (b)(1), before cl. (A), the words "institution or"

are omitted as unnecessary. In clause (A), the words "termination

provision" are substituted for "termination made" for clarity.

In subsection (b)(2), the words "The grantee shall account for

and dispose of" are substituted for "and shall be accounted for and

disposed of" for clarity.

In subsections (c) and (d), the text of 40:483(d)(2) (last

sentence) is omitted as unnecessary.

In subsection (c)(1), the words "Trust Territory of the Pacific

Islands" are omitted and the words "the Federated States of

Micronesia, the Marshall Islands, Palau" are added because of the

termination of the Trust Territory of the Pacific Islands. See

48:1681 note prec.

In subsection (d)(1), the words "to the extent" are substituted

for "where and to the extent" to eliminate unnecessary words. The

words "to be furnished under such Act" are omitted as unnecessary.

In subsection (d)(4), the words "Indian Financing Act of 1974"

are substituted for "Indian Financing Act" in section 202(d)(2)(D)

of the Federal Property and Administrative Services Act of 1949 to

execute the probable intent of Congress. The word "tribe" is

substituted for "Indian tribes" for consistency with 25:1452(c).

-REFTEXT-

REFERENCES IN TEXT

The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May

8, 1914, ch. 79, 38 Stat. 372, as amended, which is classified

generally to subchapter IV (Sec. 341 et seq.) of chapter 13 of

Title 7, Agriculture. For complete classification of this Act to

the Code, see Short Title note set out under section 341 of Title 7

and Tables.

The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act

Mar. 2, 1887, ch. 314, 24 Stat. 440, as amended, which is

classified generally to sections 361a to 361i of Title 7,

Agriculture. For complete classification of this Act to the Code,

see Short Title note set out under section 361a of Title 7 and

Tables.

Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in

subsec. (c)(2)(C), is Pub. L. 87-788, Oct. 10, 1962, 76 Stat. 806,

as amended, popularly known as the McIntire-Stennis Act of 1962,

which is classified generally to subchapter III (Sec. 582a et seq.)

of chapter 3 of Title 16, Conservation. For complete classification

of this Act to the Code, see Short Title note set out under section

582a of Title 16 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

40 USC Sec. 526 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 526. Temporary assignment of excess real property

-STATUTE-

(a) Assignment of Space. - The Administrator of General Services

may temporarily assign or reassign space in excess real property to

a federal agency, for use as office or storage space or for a

related purpose, if the Administrator determines that assignment or

reassignment is more advantageous than permanent transfer. The

Administrator shall determine the duration of the assignment or

reassignment.

(b) Reimbursement for Maintenance. - If there is no appropriation

available to the Administrator for the expense of maintaining the

space, the Administrator may obtain appropriate reimbursement from

the federal agency.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1085.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

526 40:483(g). June 30, 1949, ch. 288,

title II, Sec. 202(g), 63

Stat. 385.

--------------------------------------------------------------------

In subsection (a), the words "for use as office or storage space

or for a related purpose" are substituted for "for office, storage,

or related facilities" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title.

-End-

-CITE-

40 USC Sec. 527 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 527. Abandonment, destruction, or donation of property

-STATUTE-

The Administrator of General Services may authorize the

abandonment or destruction of property, or the donation of property

to a public body, if -

(1) the property has no commercial value; or

(2) the estimated cost of continued care and handling exceeds

the estimated proceeds from sale.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

527 40:483(h). June 30, 1949, ch. 288,

title II, Sec. 202(h), 63

Stat. 385.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title.

-End-

-CITE-

40 USC Sec. 528 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 528. Utilization of excess furniture

-STATUTE-

A department or agency of the Federal Government may not use

amounts provided by law to purchase furniture if the Administrator

of General Services determines that requirements can reasonably be

met by transferring excess furniture, including rehabilitated

furniture, from other departments or agencies pursuant to this

subtitle.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

528 40:483b. Aug. 7, 1953, ch. 340, Sec.

1316, 67 Stat. 439.

--------------------------------------------------------------------

The words "Notwithstanding the provisions of any other law" are

omitted as unnecessary. The words "may not use funds provided by

law to purchase furniture" are substituted for "no funds shall be

available in this or any other Act for the purchase of furniture"

for clarity and to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111 of this title.

-End-

-CITE-

40 USC Sec. 529 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER II - USE OF PROPERTY

-HEAD-

Sec. 529. Annual executive agency reports on excess personal

property

-STATUTE-

(a) In General. - During the calendar quarter following the close

of each fiscal year, each executive agency shall submit to the

Administrator of General Services a report on personal property -

(1) obtained as -

(A) excess property; or

(B) personal property determined to be no longer required for

the purpose of the appropriation used to make the purchase; and

(2) furnished within the United States to a recipient other

than a federal agency.

(b) Required Information. - The report must set out the

categories of equipment and show -

(1) the acquisition cost of the property;

(2) the recipient of the property; and

(3) other information the Administrator may require.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

529 40:483(e). June 30, 1949, ch. 288,

title II, Sec. 202(e), as

added Pub. L. 94-519, Sec.

3, Oct. 17, 1976, 90 Stat.

2454.

--------------------------------------------------------------------

In subsection (a)(2), the words "in any manner whatsoever" are

omitted as unnecessary.

In subsection (b), the words "set out the categories of

equipment" are substituted for "showing . . . categories of

equipment" to clarify the required form and content of the report.

The words "The Administrator shall submit a report to the Senate

(or to the Secretary of the Senate if the Senate is not in session)

and to the House of Representatives (or to the Clerk of the House

if the House is not in session) summarizing and analyzing the

reports of the executive agencies" are omitted pursuant to section

3003 of the Federal Reports Elimination and Sunset Act of 1995 (31

U.S.C. 1113 note). See, also, page 173 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 556 of this title.

-End-

-CITE-

40 USC SUBCHAPTER III - DISPOSING OF PROPERTY 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

SUBCHAPTER III - DISPOSING OF PROPERTY

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 124, 703 of this

title.

-End-

-CITE-

40 USC Sec. 541 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 541. Supervision and direction

-STATUTE-

Except as otherwise provided in this subchapter, the

Administrator of General Services shall supervise and direct the

disposition of surplus property in accordance with this subtitle.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

541 40:484(a). June 30, 1949, ch. 288,

title II, Sec. 203(a), 63

Stat. 385.

--------------------------------------------------------------------

The words "shall supervise and direct the disposition of surplus

property in accordance with this subtitle" are substituted for

"shall have supervision and direction over the disposition of

surplus property. Such property shall be disposed of to such

extent, at such time, in such areas, by such agencies, at such

terms and conditions, and in such manner, as may be prescribed in

or pursuant to this Act" for clarity and to eliminate unnecessary

words.

TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983

Pub. L. 98-181, title I, Sec. 126(a)(2), (3), Nov. 30, 1983, 97

Stat. 1175, provided that:

"(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C.

484b], the Secretary of Housing and Urban Development and the

Secretary of Agriculture may dispose of Federal surplus real

property pursuant to the terms of section 414 of such Act [former

40 U.S.C. 484b] if, prior to the date of the enactment of this Act

[Nov. 30, 1983], either Secretary had requested the Administrator

of General Services to transfer such property for such disposition.

"(3) Notwithstanding paragraph (1), section 414(b) [former 40

U.S.C. 484b(b)] of such Act shall continue to apply, where

applicable, to all property transferred by either Secretary

pursuant to section 414 of such Act, including properties

transferred pursuant to paragraph (2)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111 of this title; title

10 sections 2577, 2814; title 14 section 641; title 28 section 604;

title 38 section 8162; title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 542 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 542. Care and handling

-STATUTE-

The disposal of surplus property, and the care and handling of

the property pending disposition, may be performed by the General

Services Administration or, when the Administrator of General

Services decides, by the executive agency in possession of the

property or by any other executive agency that agrees.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

542 40:484(b). June 30, 1949, ch. 288,

title II, Sec. 203(b), 63

Stat. 385.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 543. Method of disposition

-STATUTE-

An executive agency designated or authorized by the Administrator

of General Services to dispose of surplus property may do so by

sale, exchange, lease, permit, or transfer, for cash, credit, or

other property, with or without warranty, on terms and conditions

that the Administrator considers proper. The agency may execute

documents to transfer title or other interest in the property and

may take other action it considers necessary or proper to dispose

of the property under this chapter.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

543 40:484(c). June 30, 1949, ch. 288,

title II, Sec. 203(c), 63

Stat. 385.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 544. Validity of transfer instruments

-STATUTE-

A deed, bill of sale, lease, or other instrument executed by or

on behalf of an executive agency purporting to transfer title or

other interest in surplus property under this chapter is conclusive

evidence of compliance with the provisions of this chapter

concerning title or other interest of a bona fide grantee or

transferee for value and without notice of lack of compliance.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

544 40:484(d). June 30, 1949, ch. 288,

title II, Sec. 203(d), 63

Stat. 385.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 545 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 545. Procedure for disposal

-STATUTE-

(a) Public Advertising for Bids. -

(1) Requirement. -

(A) In general. - Except as provided in subparagraph (B), the

Administrator of General Services may make or authorize a

disposal or a contract for disposal of surplus property only

after public advertising for bids, under regulations the

Administrator prescribes.

(B) Exceptions. - This subsection does not apply to disposal

or a contract for disposal of surplus property -

(i) under subsection (b) or (d); or

(ii) by abandonment, destruction, or donation or through a

contract broker.

(2) Time, method, and terms. - The time, method, and terms and

conditions of advertisement must permit full and free competition

consistent with the value and nature of the property involved.

(3) Public disclosure. - Bids must be publicly disclosed at the

time and place stated in the advertisement.

(4) Awards. - An award shall be made with reasonable promptness

by notice to the responsible bidder whose bid, conforming to the

invitation for bids, is most advantageous to the Federal

Government, price and other factors considered. However, all bids

may be rejected if it is in the public interest to do so.

(b) Negotiated Disposal. - Under regulations the Administrator

prescribes, disposals and contracts for disposal may be negotiated

without regard to subsection (a), but subject to obtaining

competition that is feasible under the circumstances, if -

(1) necessary in the public interest -

(A) during the period of a national emergency declared by the

President or Congress, with respect to a particular lot of

personal property; or

(B) for a period not exceeding three months, with respect to

a specifically described category of personal property as

determined by the Administrator;

(2) the public health, safety, or national security will be

promoted by a particular disposal of personal property;

(3) public exigency will not allow delay incident to

advertising certain personal property;

(4) the nature and quantity of personal property involved are

such that disposal under subsection (a) would impact an industry

to an extent that would adversely affect the national economy,

and the estimated fair market value of the property and other

satisfactory terms of disposal can be obtained by negotiation;

(5) the estimated fair market value of the property involved

does not exceed $15,000;

(6) after advertising under subsection (a), the bid prices for

the property, or part of the property, are not reasonable or have

not been independently arrived at in open competition;

(7) with respect to real property, the character or condition

of the property or unusual circumstances make it impractical to

advertise publicly for competitive bids and the fair market value

of the property and other satisfactory terms of disposal can be

obtained by negotiation;

(8) the disposal will be to a State, territory, or possession

of the United States, or to a political subdivision of, or a

tax-supported agency in, a State, territory, or possession, and

the estimated fair market value of the property and other

satisfactory terms of disposal are obtained by negotiation; or

(9) otherwise authorized by law.

(c) Disposal Through Contract Brokers. - Disposals and contracts

for disposal of surplus real and related personal property through

contract realty brokers employed by the Administrator shall be made

in the manner followed in similar commercial transactions under

regulations the Administrator prescribes. The regulations must

require that brokers give wide public notice of the availability of

the property for disposal.

(d) Negotiated Sale at Fixed Price. -

(1) Authorization. - The Administrator may make a negotiated

sale of personal property at a fixed price, either directly or

through the use of a disposal contractor, without regard to

subsection (a). However, the sale must be publicized to an extent

consistent with the value and nature of the property involved and

the price established must reflect the estimated fair market

value of the property. Sales under this subsection are limited to

categories of personal property for which the Administrator

determines that disposal under this subsection best serves the

interests of the Government.

(2) First offer. - Under regulations and restrictions the

Administrator prescribes, an opportunity to purchase property at

a fixed price under this subsection may be offered first to an

entity specified in subsection (b)(8) that has expressed an

interest in the property.

(e) Explanatory Statements for Negotiated Disposals. -

(1) Requirement. -

(A) In general. - Except as provided in subparagraph (B), an

explanatory statement of the circumstances shall be prepared

for each disposal by negotiation of -

(i) personal property that has an estimated fair market

value in excess of $15,000;

(ii) real property that has an estimated fair market value

in excess of $100,000, except that real property disposed of

by lease or exchange is subject only to clauses (iii)-(v) of

this subparagraph;

(iii) real property disposed of by lease for a term of not

more than 5 years, if the estimated fair annual rent is more

than $100,000 for any year;

(iv) real property disposed of by lease for a term of more

than 5 years, if the total estimated rent over the term of

the lease is more than $100,000; or

(v) real property or real and related personal property

disposed of by exchange, regardless of value, or any property

for which any part of the consideration is real property.

(B) Exception. - An explanatory statement is not required for

a disposal of personal property under subsection (d), or for a

disposal of real or personal property authorized by any other

law to be made without advertising.

(2) Transmittal to congress. - The explanatory statement shall

be transmitted to the appropriate committees of Congress in

advance of the disposal, and a copy of the statement shall be

preserved in the files of the executive agency making the

disposal.

(3) Listing in report. - A report of the Administrator under

section 126 of this title must include a listing and description

of any negotiated disposals of surplus property having an

estimated fair market value of more than $15,000, in the case of

real property, or $5,000, in the case of any other property,

other than disposals for which an explanatory statement has been

transmitted under this subsection.

(f) Applicability of Other Law. - Section 3709 of the Revised

Statutes (41 U.S.C. 5) does not apply to a disposal or contract for

disposal made under this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

545 40:484(e). June 30, 1949, ch. 288,

title II, Sec. 203(e), 63

Stat. 386; July 12, 1952,

ch. 703, Sec. 1(i), 66 Stat.

593; Aug. 8, 1953, ch. 399,

67 Stat. 521; July 14, 1954,

ch. 481, 68 Stat. 474; Aug.

3, 1956, ch. 942, 70 Stat.

1020; Pub. L. 85-486, July

2, 1958, 72 Stat. 288; Pub.

L. 100-612, Secs. 3, 4, Nov.

5, 1988, 102 Stat. 3180.

--------------------------------------------------------------------

In subsection (e)(3), the words "A report" are substituted for

"the annual report" for consistency in the revised title. See the

revision note under section 126 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 554, 581, 17702 of

this title; title 10 sections 2577, 2814; title 14 section 641;

title 28 section 604; title 38 section 8162; title 42 sections

3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 546 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 546. Contractor inventories

-STATUTE-

Subject to regulations of the Administrator of General Services,

an executive agency may authorize a contractor or subcontractor

with the agency to retain or dispose of contractor inventory.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

546 40:484(f). June 30, 1949, ch. 288,

title II, Sec. 203(f), 63

Stat. 386.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 547 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 547. Agricultural commodities, foods, and cotton or woolen

goods

-STATUTE-

(a) Policies. - The Administrator of General Services shall

consult with the Secretary of Agriculture to formulate policies for

the disposal of surplus agricultural commodities, surplus foods

processed from agricultural commodities, and surplus cotton or

woolen goods. The policies shall be formulated to prevent surplus

agricultural commodities, or surplus foods processed from

agricultural commodities, from being dumped on the market in a

disorderly manner and disrupting the market prices for agricultural

commodities.

(b) Transfers to Department of Agriculture. -

(1) In general. - The Administrator shall transfer without

charge to the Department of Agriculture any surplus agricultural

commodities, foods, and cotton or woolen goods for disposal, when

the Secretary determines that a transfer is necessary for the

Secretary to carry out responsibilities for price support or

stabilization.

(2) Deposit of receipts. - Receipts resulting from disposal by

the Department under this subsection shall be deposited pursuant

to any authority available to the Secretary. When applicable,

however, net proceeds from the sale of surplus property

transferred under this subsection shall be credited pursuant to

section 572(a) of this title.

(3) Limitation of sales. - Surplus farm commodities transferred

under this subsection may not be sold, other than for export, in

quantities exceeding, or at prices less than, the applicable

quantities and prices for sales of those commodities by the

Commodity Credit Corporation.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

547(a) 40:484(g). June 30, 1949, ch. 288,

title II, Sec. 203(g), (h),

63 Stat. 386.

547(b) 40:484(h).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 548 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 548. Surplus vessels

-STATUTE-

The Maritime Administration shall dispose of surplus vessels of

1,500 gross tons or more which the Administration determines to be

merchant vessels or capable of conversion to merchant use. The

vessels shall be disposed of in accordance with the Merchant Marine

Act, 1936 (46 App. U.S.C. 1101 et seq.), and other laws authorizing

the sale of such vessels.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

548 40:484(i). June 30, 1949, ch. 288,

title II, Sec. 203(i), 63

Stat. 386; Pub. L. 97-31,

Sec. 12(15), Aug. 6, 1981,

95 Stat. 154.

--------------------------------------------------------------------

-REFTEXT-

REFERENCES IN TEXT

The Merchant Marine Act, 1936, referred to in text, is act June

29, 1936, ch. 858, 49 Stat. 1985, as amended, which is classified

principally to chapter 27 (Sec. 1101 et seq.) of Title 46,

Appendix, Shipping. For complete classification of this Act to the

Code, see section 1245 of Title 46, Appendix, and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 549 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 549. Donation of personal property through state agencies

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Public agency. - The term "public agency" means -

(A) a State;

(B) a political subdivision of a State (including a unit of

local government or economic development district);

(C) a department, agency, or instrumentality of a State

(including instrumentalities created by compact or other

agreement between States or political subdivisions); or

(D) an Indian tribe, band, group, pueblo, or community

located on a state reservation.

(2) State. - The term "State" means a State of the United

States, the District of Columbia, Puerto Rico, the Virgin

Islands, Guam, the Northern Mariana Islands, and American Samoa.

(3) State agency. - The term "state agency" means an agency

designated under state law as the agency responsible for fair and

equitable distribution, through donation, of property transferred

under this section.

(b) Authorization. -

(1) In general. - The Administrator of General Services, in the

Administrator's discretion and under regulations the

Administrator may prescribe, may transfer property described in

paragraph (2) to a state agency.

(2) Property. -

(A) In general. - Property referred to in paragraph (1) is

any personal property that -

(i) is under the control of an executive agency; and

(ii) has been determined to be surplus property.

(B) Special rule. - In determining whether the property is to

be transferred for donation under this section, no distinction

may be made between property capitalized in a working-capital

fund established under section 2208 of title 10 (or similar

fund) and any other property.

(3) No cost. - Transfer of property under this section is

without cost, except for any costs of care and handling.

(c) Allocation and Transfer of Property. -

(1) In general. - The Administrator shall allocate and transfer

property under this section in accordance with criteria that are

based on need and use and that are established after consultation

with state agencies to the extent feasible. The Administrator

shall give fair consideration, consistent with the established

criteria, to an expression of need and interest from a public

agency or other eligible institution within a State. The

Administrator shall give special consideration to an eligible

recipient's request, transmitted through the state agency, for a

specific item of property.

(2) Allocation among states. - The Administrator shall allocate

property among the States on a fair and equitable basis, taking

into account the condition of the property as well as the

original acquisition cost of the property.

(3) Recipients and purposes. - The Administrator shall transfer

to a state agency property the state agency selects for

distribution through donation within the State -

(A) to a public agency for use in carrying out or promoting,

for residents of a given political area, a public purpose,

including conservation, economic development, education, parks

and recreation, public health, and public safety; or

(B) for purposes of education or public health (including

research), to a nonprofit educational or public health

institution or organization that is exempt from taxation under

section 501 of the Internal Revenue Code of 1986 (26 U.S.C.

501), including -

(i) a medical institution, hospital, clinic, health center,

or drug abuse treatment center;

(ii) a provider of assistance to homeless individuals or to

families or individuals whose annual incomes are below the

poverty line (as that term is defined in section 673 of the

Community Services Block Grant Act (42 U.S.C. 9902));

(iii) a school, college, or university;

(iv) a school for the mentally retarded or physically

handicapped;

(v) a child care center;

(vi) a radio or television station licensed by the Federal

Communications Commission as an educational radio or

educational television station;

(vii) a museum attended by the public; or

(viii) a library serving free all residents of a community,

district, State, or region.

(4) Exception. - This subsection does not apply to property

transferred under subsection (d).

(d) Department of Defense Property. -

(1) Determination. - The Secretary of Defense shall determine

whether surplus personal property under the control of the

Department of Defense is usable and necessary for educational

activities which are of special interest to the armed services,

including maritime academies, or military, naval, Air Force, or

Coast Guard preparatory schools.

(2) Property usable for special interest activities. - If the

Secretary of Defense determines that the property is usable and

necessary for educational activities which are of special

interest to the armed services, the Secretary shall allocate the

property for transfer by the Administrator to the appropriate

state agency for distribution through donation to the educational

activities.

(3) Property not usable for special interest activities. - If

the Secretary of Defense determines that the property is not

usable and necessary for educational activities which are of

special interest to the armed services, the property may be

disposed of in accordance with subsection (c).

(e) State Plan of Operation. -

(1) In general. - Before property may be transferred to a state

agency, the State shall develop a detailed state plan of

operation, in accordance with this subsection and with state law.

(2) Procedure. -

(A) Consideration of needs and resources. - In developing and

implementing the state plan of operation, the relative needs

and resources of all public agencies and other eligible

institutions in the State shall be taken into consideration.

The Administrator may consult with interested federal agencies

to obtain their views concerning the administration and

operation of this section.

(B) Publication and period for comment. - The state plan of

operation, and any major amendment to the plan, may not be

filed with the Administrator until 60 days after general notice

of the proposed plan or amendment has been published and

interested persons have been given at least 30 days to submit

comments.

(C) Certification. - The chief executive officer of the State

shall certify and submit the state plan of operation to the

Administrator.

(3) Requirements. -

(A) State agency. - The state plan of operation shall include

adequate assurance that the state agency has -

(i) the necessary organizational and operational authority

and capability including staff, facilities, and means and

methods of financing; and

(ii) established procedures for accountability, internal

and external audits, cooperative agreements, compliance and

use reviews, equitable distribution and property disposal,

determination of eligibility, and assistance through

consultation with advisory bodies and public and private

groups.

(B) Equitable distribution. - The state plan of operation

shall provide for fair and equitable distribution of property

in the State based on the relative needs and resources of

interested public agencies and other eligible institutions in

the State and their abilities to use the property.

(C) Management control and accounting systems. - The state

plan of operation shall require, for donable property

transferred under this section, that the state agency use

management control and accounting systems of the same type as

systems required by state law for state-owned property.

However, with approval from the chief executive officer of the

State, the state agency may elect to use other management

control and accounting systems that are effective to govern the

use, inventory control, accountability, and disposal of

property under this section.

(D) Return and redistribution for non-use. - The state plan

of operation shall require the state agency to provide for the

return and redistribution of donable property if the property,

while still usable, has not been placed in use for the purpose

for which it was donated within one year of donation or ceases

to be used by the donee for that purpose within one year of

being placed in use.

(E) Request by recipient. - The state plan of operation shall

require the state agency, to the extent practicable, to select

property requested by a public agency or other eligible

institution in the State and, if requested by the recipient, to

arrange shipment of the property directly to the recipient.

(F) Service charges. - If the state agency is authorized to

assess and collect service charges from participating

recipients to cover direct and reasonable indirect costs of its

activities, the method of establishing the charges shall be set

out in the state plan of operation. The charges shall be fair

and equitable and shall be based on services the state agency

performs, including screening, packing, crating, removal, and

transportation.

(G) Terms, conditions, reservations, and restrictions. -

(i) In general. - The state plan of operation shall provide

that the state agency -

(I) may impose reasonable terms, conditions,

reservations, and restrictions on the use of property to be

donated under subsection (c); and

(II) shall impose reasonable terms, conditions,

reservations, and restrictions on the use of a passenger

motor vehicle and any item of property having a unit

acquisition cost of $5,000 or more.

(ii) Special limitations. - If the Administrator finds that

an item has characteristics that require special handling or

use limitations, the Administrator may impose appropriate

conditions on the donation of the property.

(H) Unusable property. -

(i) Disposal. - The state plan of operation shall provide

that surplus personal property which the state agency

determines cannot be used by eligible recipients shall be

disposed of -

(I) subject to the disapproval of the Administrator

within 30 days after notice to the Administrator, through

transfer by the state agency to another state agency or

through abandonment or destruction if the property has no

commercial value or if the estimated cost of continued care

and handling exceeds estimated proceeds from sale; or

(II) under this subtitle, on terms and conditions and in

a manner the Administrator prescribes.

(ii) Proceeds from sale. - Notwithstanding subchapter IV of

this chapter and section 702 of this title, the

Administrator, from the proceeds of sale of property

described in subsection (b), may reimburse the state agency

for expenses that the Administrator considers appropriate for

care and handling of the property.

(f) Cooperative Agreements With State Agencies. -

(1) Parties to the agreement. - For purposes of carrying out

this section, a cooperative agreement may be made between a state

surplus property distribution agency designated under this

section and -

(A) the Administrator;

(B) the Secretary of Education, for property transferred

under section 550(c) of this title;

(C) the Secretary of Health and Human Services, for property

transferred under section 550(d) of this title; or

(D) the head of a federal agency designated by the

Administrator, the Secretary of Education, or the Secretary of

Health and Human Services.

(2) Shared resources. - The cooperative agreement may provide

that the property, facilities, personnel, or services of -

(A) a state agency may be used by a federal agency; and

(B) a federal agency may be made available to a state agency.

(3) Reimbursement. - The cooperative agreement may require

payment or reimbursement for the use or provision of property,

facilities, personnel, or services. Payment or reimbursement

received from a state agency shall be credited to the fund or

appropriation against which charges would otherwise be made.

(4) Surplus property transferred to state agency. -

(A) In general. - Under the cooperative agreement, surplus

property transferred to a state agency for distribution

pursuant to subsection (c) may be retained by the state agency

for use in performing its functions. Unless otherwise directed

by the Administrator, title to the retained property vests in

the state agency.

(B) Conditions. - Retention of surplus property under this

paragraph is subject to conditions that may be imposed by -

(i) the Administrator;

(ii) the Secretary of Education, for property transferred

under section 550(c) of this title; or

(iii) the Secretary of Health and Human Services, for

property transferred under section 550(d) of this title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

549(a)(1), 40:484(j)(5). June 30, 1949, ch. 288,

(2) title II, Sec. 203(j), 63

Stat. 386; Sept. 5, 1950,

ch. 849, Sec. 4, 64 Stat.

579; June 3, 1955, ch. 130,

Secs. 1, 2(a), 6(a), (b), 69

Stat. 83, 84; July 3, 1956,

ch. 513, Sec. 1, 70 Stat.

493; Pub. L. 87-786, Oct.

10, 1962, 76 Stat. 805; Pub.

L. 94-519, Sec. 1(1), Oct.

17, 1976, 90 Stat. 2451;

Pub. L. 99-386, title II,

Sec. 207, Aug. 22, 1986, 100

Stat. 823; Pub. L. 100-77,

title V, Sec. 502(a), July

22, 1987, 101 Stat. 510;

Pub. L. 100-690, title II,

Sec. 2081(b), Nov. 18, 1988,

102 Stat. 4216; Pub. L.

105-50, Sec. 1, Oct. 6,

1997, 111 Stat. 1167.

549(a)(3), 40:484(j)(1).

(b)

549(c) 40:484(j)(3).

549(d) 40:484(j)(2).

549(e) 40:484(j)(4).

549(f) 40:484(n). June 30, 1949, ch. 288,

title II, Sec. 203(n),

formerly (m), as added June

3, 1955, ch. 130, Sec. 3, 69

Stat. 84; redesignated (n),

Aug. 1, 1955, ch. 442, 69

Stat. 430; July 3, 1956, ch.

513, Sec. 3, 70 Stat. 494;

Pub. L. 87-94, July 20,

1961, 75 Stat. 213; Pub. L.

90-351, title I, Sec. 525,

as added Pub. L. 93-83, Sec.

2, Aug. 6, 1973, 87 Stat.

216; Pub. L. 91-485, Sec. 3,

Oct. 22, 1970, 84 Stat.

1085; Pub. L. 94-519, Sec.

1(3), Oct. 17, 1976, 90

Stat. 2453.

--------------------------------------------------------------------

In subsection (a)(2), the words "the Northern Mariana Islands"

are added because of section 502(a)(2) of the Covenant to Establish

a Commonwealth of the Northern Mariana Islands in Political Union

With the United States of America (48:1801 note).

In subsection (d), the words "Secretary of Defense" are

substituted for "National Military Establishment" [subsequently

changed to "Department of Defense" because of section 12(a) of the

National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)]

because of 10:113(a).

In subsection (e)(2)(B), the words "In the event that a State

legislature has not developed, according to State law, a State plan

within two hundred and seventy calendar days after October 17,

1976, the chief executive officer of the State shall approve, and

submit to the Administrator, a temporary State plan" are omitted as

obsolete.

In subsection (f)(1)(B)-(D) and (4)(B), the words "Secretary of

Education" and "Secretary of Health and Human Services" are

substituted for "Secretary of Health, Education, and Welfare"

because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the

Department of Education Organization Act (20:3441(a)(2)(P) and (b),

3507, and 3508(b)).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 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.

-EXEC-

EX. ORD. NO. 12999. EDUCATIONAL TECHNOLOGY: ENSURING OPPORTUNITY

FOR ALL CHILDREN IN THE NEXT CENTURY

Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, provided:

In order to ensure that American children have the skills they

need to succeed in the information-intensive 21st century, the

Federal Government is committed to working with the private sector

to promote four major developments in American education: making

modern computer technology an integral part of every classroom;

providing teachers with the professional development they need to

use new technologies effectively; connecting classrooms to the

National Information Infrastructure; and encouraging the creation

of excellent educational software. This Executive order streamlines

the transfer of excess and surplus Federal computer equipment to

our Nation's classrooms and encourages Federal employees to

volunteer their time and expertise to assist teachers and to

connect classrooms.

Accordingly, by the authority vested in me as President by the

Constitution and the laws of the United States of America,

including the provisions of the Stevenson-Wydler Technology

Innovation Act of 1980, as amended (15 U.S.C. 3701 et seq.), the

Federal Property and Administrative Services Act of 1949, ch. 288,

63 Stat. 377 [now chapters 1 to 11 of this title and title III of

the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and the National

Defense Authorization Act for Fiscal Year 1996, Public Law 104-106

[see Tables for classification], it is hereby ordered as follows:

Section 1. Protection of Educationally Useful Federal Equipment.

(a) Educationally useful Federal equipment is a vital national

resource. To the extent such equipment can be used as is, separated

into parts for other computers, or upgraded - either by

professional technicians, students, or other recycling efforts -

educationally useful Federal equipment is a valuable tool for

computer education. Therefore, to the extent possible, all

executive departments and agencies (hereinafter referred to as

"agencies") shall protect and safeguard such equipment,

particularly when declared excess or surplus, so that it may be

recycled and transferred, if appropriate, pursuant to this order.

Sec. 2. Efficient Transfer of Educationally Useful Federal

Equipment to Schools and Nonprofit Organizations. (a) To the extent

permitted by law, all agencies shall give highest preference to

schools and nonprofit organizations, including community-based

educational organizations, ("schools and nonprofit organizations")

in the transfer, through gift or donation, of educationally useful

Federal equipment.

(b) Agencies shall attempt to give particular preference to

schools and nonprofit organizations located in the Federal

enterprise communities and empowerment zones established in the

Omnibus Reconciliation Act of 1993, Public Law 103-66 [see 26

U.S.C. 1391 et seq.].

(c) Each agency shall, to the extent permitted by law and where

appropriate, identify educationally useful Federal equipment that

it no longer needs and transfer it to a school or nonprofit

organization by:

(1) conveying research equipment directly to the school or

organization pursuant to 15 U.S.C. 3710(i); or

(2) reporting excess equipment to the General Services

Administration (GSA) for donation when declared surplus in

accordance with section 203(j) of the Federal Property and

Administrative Services Act of 1949, as amended, 40 U.S.C. 484(j)

[now 40 U.S.C. 549]. Agencies shall report such equipment as far as

possible in advance of the date the equipment becomes excess, so

that GSA may attempt to arrange direct transfers from the donating

agency to recipients eligible under this order.

(d) In transfers made pursuant to paragraph (c)(1) of this

section, title shall transfer directly from the agency to the

schools or nonprofit organizations as required by 15 U.S.C.

3710(i). All such transfers shall be reported to the GSA. At the

direction of the recipient institution or organization, and if

appropriate, transferred equipment may be conveyed initially to a

nonprofit reuse or recycling program that will upgrade it before

transfer to the school or nonprofit organization holding title.

(e) All transfers to schools or nonprofit organizations, whether

made directly or through GSA, shall be made at the lowest cost to

the school or nonprofit organization permitted by law.

(f) The availability of educationally useful Federal equipment

shall be made known to eligible recipients under this order by all

practicable means, including newspaper, community announcements,

and the Internet.

(g) The regional Federal Executive Boards shall help facilitate

the transfer of educationally useful Federal equipment from the

agencies they represent to recipients eligible under this order.

Sec. 3. Assisting Teachers' Professional Development: Connecting

Classrooms. (a) Each agency that has employees who have computer

expertise shall, to the extent permitted by law and in accordance

with the guidelines of the Office of Personnel Management,

encourage those employees to:

(1) help connect America's classrooms to the National Information

Infrastructure;

(2) assist teachers in learning to use computers to teach; and

(3) provide ongoing maintenance of and technical support for the

educationally useful Federal equipment transferred pursuant to this

order.

(b) Each agency described in subsection (a) shall submit to the

Office of Science and Technology Policy, within 6 months of the

date of this order, an implementation plan to advance the

developments described in this order, particularly those required

in this section. The plan shall be consistent with approved agency

budget totals and shall be coordinated through the Office of

Science and Technology Policy.

(c) Nothing in this order shall be interpreted to bar a recipient

of educationally useful Federal equipment from lending that

equipment, whether on a permanent or temporary basis, to a teacher,

administrator, student, employee, or other designated person in

furtherance of educational goals.

Sec. 4. Definitions. For the purposes of this order: (a)

"Schools" means individual public or private education institutions

encompassing prekindergarten through twelfth grade, as well as

public school districts.

(b) "Community-based educational organizations" means nonprofit

entities that are engaged in collaborative projects with schools or

that have education as their primary focus. Such organizations

shall qualify as nonprofit educational institutions or

organizations for purposes of section 203(j) of the Federal

Property and Administrative Services Act of 1949, as amended [now

40 U.S.C. 549].

(c) "Educationally useful Federal equipment" means computers and

related peripheral tools (e.g., printers, modems, routers, and

servers), including telecommunications and research equipment, that

are appropriate for use in prekindergarten, elementary, middle, or

secondary school education. It shall also include computer

software, where the transfer of licenses is permitted.

(d) "Nonprofit reuse or recycling program" means a 501(c)

organization able to upgrade computer equipment at no or low cost

to the school or nonprofit organization taking title to it.

(e) "Federal Executive Boards," as defined in 5 C.F.R. Part 960,

are regional organizations of each Federal agency's highest local

officials.

Sec. 5. This order shall supersede Executive Order No. 12821 of

November 16, 1992.

Sec. 6. Judicial Review. This order is not intended, and should

not be construed, to create any right or benefit, substantive or

procedural, enforceable at law by a party against the United

States, its agencies, its officers, or its employees.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 525, 550, 556, 702

of this title; title 10 sections 2577, 2814; title 14 section 641;

title 22 section 2358; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411, 11412.

-End-

-CITE-

40 USC Sec. 550 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 550. Disposal of real property for certain purposes

-STATUTE-

(a) Definition. - In this section, the term "State" includes the

District of Columbia, Puerto Rico, and the territories and

possessions of the United States.

(b) Enforcement and Revision of Instruments Transferring Property

Under This Section. -

(1) In general. - Subject to disapproval by the Administrator

of General Services within 30 days after notice of a proposed

action to be taken under this section, except for personal

property transferred pursuant to section 549 of this title, the

official specified in paragraph (2) shall determine and enforce

compliance with the terms, conditions, reservations, and

restrictions contained in an instrument by which a transfer under

this section is made. The official shall reform, correct, or

amend the instrument if necessary to correct the instrument or to

conform the transfer to the requirements of law. The official

shall grant a release from any term, condition, reservation or

restriction contained in the instrument, and shall convey,

quitclaim, or release to the transferee (or other eligible user)

any right or interest reserved to the Federal Government by the

instrument, if the official determines that the property no

longer serves the purpose for which it was transferred or that a

release, conveyance, or quitclaim deed will not prevent

accomplishment of that purpose. The release, conveyance, or

quitclaim deed may be made subject to terms and conditions that

the official considers necessary to protect or advance the

interests of the Government.

(2) Specified official. - The official referred to in paragraph

(1) is -

(A) the Secretary of Education, for property transferred

under subsection (c) for school, classroom, or other

educational use;

(B) the Secretary of Health and Human Services, for property

transferred under subsection (d) for use in the protection of

public health, including research;

(C) the Secretary of the Interior, for property transferred

under subsection (e) for public park or recreation area use;

(D) the Secretary of Housing and Urban Development, for

property transferred under subsection (f) to provide housing or

housing assistance for low-income individuals or families; and

(E) the Secretary of the Interior, for property transferred

under subsection (h) for use as a historic monument for the

benefit of the public.

(c) Property for School, Classroom, or Other Educational Use. -

(1) Assignment. - The Administrator, in the Administrator's

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of Education for disposal

surplus real property, including buildings, fixtures, and

equipment situated on the property, that the Secretary recommends

as needed for school, classroom, or other educational use.

(2) Sale or lease. - Subject to disapproval by the

Administrator within 30 days after notice to the Administrator by

the Secretary of Education of a proposed transfer, the Secretary,

for school, classroom, or other educational use, may sell or

lease property assigned to the Secretary under paragraph (1) to a

State, a political subdivision or instrumentality of a State, a

tax-supported educational institution, or a nonprofit educational

institution that has been held exempt from taxation under section

501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.

501(c)(3)).

(3) Fixing value. - In fixing the sale or lease value of

property disposed of under paragraph (2), the Secretary of

Education shall take into consideration any benefit which has

accrued or may accrue to the Government from the use of the

property by the State, political subdivision or instrumentality,

or institution.

(d) Property for Use in the Protection of Public Health,

Including Research. -

(1) Assignment. - The Administrator, in the Administrator's

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of Health and Human

Services for disposal surplus real property, including buildings,

fixtures, and equipment situated on the property, that the

Secretary recommends as needed for use in the protection of

public health, including research.

(2) Sale or lease. - Subject to disapproval by the

Administrator within 30 days after notice to the Administrator by

the Secretary of Health and Human Services of a proposed

transfer, the Secretary, for use in the protection of public

health, including research, may sell or lease property assigned

to the Secretary under paragraph (1) to a State, a political

subdivision or instrumentality of a State, a tax-supported

medical institution, or a hospital or similar institution not

operated for profit that has been held exempt from taxation under

section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.

501(c)(3)).

(3) Fixing value. - In fixing the sale or lease value of

property disposed of under paragraph (2), the Secretary of Health

and Human Services shall take into consideration any benefit

which has accrued or may accrue to the Government from the use of

the property by the State, political subdivision or

instrumentality, or institution.

(e) Property for Use as a Public Park or Recreation Area. -

(1) Assignment. - The Administrator, in the Administrator's

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of the Interior for

disposal surplus real property, including buildings, fixtures,

and equipment situated on the property, that the Secretary

recommends as needed for use as a public park or recreation area.

(2) Sale or lease. - Subject to disapproval by the

Administrator within 30 days after notice to the Administrator by

the Secretary of the Interior of a proposed transfer, the

Secretary, for public park or recreation area use, may sell or

lease property assigned to the Secretary under paragraph (1) to a

State, a political subdivision or instrumentality of a State, or

a municipality.

(3) Fixing value. - In fixing the sale or lease value of

property disposed of under paragraph (2), the Secretary of the

Interior shall take into consideration any benefit which has

accrued or may accrue to the Government from the use of the

property by the State, political subdivision or instrumentality,

or municipality.

(4) Deed of conveyance. - The deed of conveyance of any surplus

real property disposed of under this subsection -

(A) shall provide that all of the property be used and

maintained for the purpose for which it was conveyed in

perpetuity, and that if the property ceases to be used or

maintained for that purpose, all or any portion of the property

shall, in its then existing condition, at the option of the

Government, revert to the Government; and

(B) may contain additional terms, reservations, restrictions,

and conditions the Secretary of the Interior determines are

necessary to safeguard the interests of the Government.

(f) Property for Low Income Housing Assistance. -

(1) Assignment. - The Administrator, in the Administrator's

discretion and under regulations that the Administrator may

prescribe, may assign to the Secretary of Housing and Urban

Development for disposal surplus real property, including

buildings, fixtures, and equipment situated on the property, that

the Secretary recommends as needed to provide housing or housing

assistance for low-income individuals or families.

(2) Sale or lease. - Subject to disapproval by the

Administrator within 30 days after notice to the Administrator by

the Secretary of Housing and Urban Development of a proposed

transfer, the Secretary, to provide housing or housing assistance

for low-income individuals or families, may sell or lease

property assigned to the Secretary under paragraph (1) to a

State, a political subdivision or instrumentality of a State, or

a nonprofit organization that exists for the primary purpose of

providing housing or housing assistance for low-income

individuals or families.

(3) Self-help housing. -

(A) In general. - The Administrator shall disapprove a

proposed transfer of property under this subsection unless the

Administrator determines that the property will be used for

low-income housing opportunities through the construction,

rehabilitation, or refurbishment of self-help housing, under

terms requiring that -

(i) subject to subparagraph (B), an individual or family

receiving housing or housing assistance through use of the

property shall contribute a significant amount of labor

toward the construction, rehabilitation, or refurbishment;

and

(ii) dwellings constructed, rehabilitated, or refurbished

through use of the property shall be quality dwellings that

comply with local building and safety codes and standards and

shall be available at prices below prevailing market prices.

(B) Guidelines for considering disabilities. - For purposes

of fulfilling self-help requirements under paragraph (3)(A)(i),

the Administrator shall ensure that nonprofit organizations

receiving property under paragraph (2) develop and use

guidelines to consider any disability (as defined in section

3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C.

12102(2)).

(4) Fixing value. -

(A) In general. - In fixing the sale or lease value of

property disposed of under paragraph (2), the Secretary of

Housing and Urban Development shall take into consideration and

discount the value for any benefit which has accrued or may

accrue to the Government from the use of the property by the

State, political subdivision or instrumentality, or nonprofit

organization.

(B) Amount of discount. - The amount of the discount under

subparagraph (A) is 75 percent of the market value of the

property, except that the Secretary of Housing and Urban

Development may discount by a greater percentage if the

Secretary, in consultation with the Administrator, determines

that a higher percentage is justified.

(g) Property for National Service Activities. -

(1) Assignment. - The Administrator, in the Administrator's

discretion and under regulations that the Administrator may

prescribe, may assign to the Chief Executive Officer of the

Corporation for National and Community Service for disposal

surplus property that the Chief Executive Officer recommends as

needed for national service activities.

(2) Sale, lease, or donation. - Subject to disapproval by the

Administrator within 30 days after notice to the Administrator by

the Chief Executive Officer of a proposed transfer, the Chief

Executive Officer, for national service activities, may sell,

lease, or donate property assigned to the Chief Executive Officer

under paragraph (1) to an entity that receives financial

assistance under the National and Community Service Act of 1990

(42 U.S.C. 12501 et seq.).

(3) Fixing value. - In fixing the sale or lease value of

property disposed of under paragraph (2), the Chief Executive

Officer shall take into consideration any benefit which has

accrued or may accrue to the Government from the use of the

property by the entity receiving the property.

(h) Property for Use as a Historic Monument. -

(1) Conveyance. -

(A) In general. - Without monetary consideration to the

Government, the Administrator may convey to a State, a

political subdivision or instrumentality of a State, or a

municipality, the right, title, and interest of the Government

in and to any surplus real and related personal property that

the Secretary of the Interior determines is suitable and

desirable for use as a historic monument for the benefit of the

public.

(B) Recommendation by national park system advisory board. -

Property may be determined to be suitable and desirable for use

as a historic monument only in conformity with a recommendation

by the National Park System Advisory Board established under

section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known

as the Historic Sites, Buildings, and Antiquities Act). Only

the portion of the property that is necessary for the

preservation and proper observation of the property's historic

features may be determined to be suitable and desirable for use

as a historic monument.

(2) Revenue-producing activity. -

(A) In general. - The Administrator may authorize use of any

property conveyed under this subsection for revenue-producing

activities if the Secretary of the Interior -

(i) determines that the activities are compatible with use

of the property for historic monument purposes;

(ii) approves the grantee's plan for repair,

rehabilitation, restoration, and maintenance of the property;

(iii) approves the grantee's plan for financing the repair,

rehabilitation, restoration, and maintenance of the property;

and

(iv) examines and approves the accounting and financial

procedures used by the grantee.

(B) Use of excess income. - The Secretary of the Interior may

approve a grantee's financial plan only if the plan provides

that the grantee shall use income exceeding the cost of repair,

rehabilitation, restoration, and maintenance only for public

historic preservation, park, or recreational purposes.

(C) Audits. - The Secretary of the Interior may periodically

audit the records of the grantee that are directly related to

the property conveyed.

(3) Deed of conveyance. - The deed of conveyance of any surplus

real property disposed of under this subsection -

(A) shall provide that all of the property be used and

maintained for historical monument purposes in perpetuity, and

that if the property ceases to be used or maintained for

historical monument purposes, all or any portion of the

property shall, in its then existing condition, at the option

of the Government, revert to the Government; and

(B) may contain additional terms, reservations, restrictions,

and conditions the Administrator determines are necessary to

safeguard the interests of the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1094.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

550(a) 40:484(k)(1)(D). June 30, 1949, ch. 288,

title II, Sec. 203(k), 63

Stat. 387; July 12, 1952,

ch. 703, Sec. 1(j), 66 Stat.

593; June 3, 1955, ch. 130,

Sec. 6(a), (c), 69 Stat. 84,

85; July 3, 1956, ch. 513,

Sec. 2, 70 Stat. 494; Pub.

L. 91-485, Sec. 2, Oct. 22,

1970, 84 Stat. 1084; Pub. L.

92-362, Sec. 1, Aug. 4,

1972, 86 Stat. 503; Pub. L.

94-519, Sec. 1(2), Oct. 17,

1976, 90 Stat. 2453; Pub. L.

103-82, title II, Sec.

202(f), Sept. 21, 1993, 107

Stat. 888; Pub. L. 105-50,

Sec. 2, Oct. 6, 1997, 111

Stat. 1167.

550(b) 40:484(k)(4).

550(c) 40:484(k)(1)

(matter before (A)

related to

education), (A),

(C) (related to

education).

550(d) 40:484(k)(1)

(matter before (A)

related to public

health), (B), (C)

(related to public

health).

550(e) 40:484(k)(2).

550(f) 40:484(k)(6).

550(g) 40:484(k)(5).

550(h) 40:484(k)(3).

--------------------------------------------------------------------

In subsections (b)(2), (c), and (d), the words "Secretary of

Education" and "Secretary of Health and Human Services" are

substituted for "Secretary of Health, Education, and Welfare", as

appropriate, because of sections 301(a)(2)(P) and (b), 507, and

509(b) of the Department of Education Organization Act

(20:3441(a)(2)(P) and (b), 3507, and 3508(b)).

In subsection (b)(2), the words "the Surplus Property Act of

1944, as amended", and the text of 40:484(k)(4)(D), are omitted

because the relevant provisions of the Surplus Property Act of 1944

(50 App.:1611 et seq.) have been repealed.

In subsection (e), the definition of "States" is omitted as

unnecessary because of 40:484(k)(1)(D), restated in subsection (a).

In subsection (e)(4), the words "this subsection" are used to

reflect the probable intent of Congress. In 40:484(k)(2)(C), the

words "this subsection" should probably be "this paragraph",

meaning 40:484(k)(2). In the revised section, the reference to

40:484(k)(2) is translated as "this subsection" to reflect the

restatement of 40:484(k)(2) as subsection (e) of the revised

section.

In subsection (h), the definition of "States", is omitted as

unnecessary because of 40:484(k)(1)(D), restated in subsection (a).

In subsection (h)(1)(B), the words "National Park System Advisory

Board" are substituted for "Advisory Board on National Parks,

Historic Sites, Buildings and Monuments" because of the amendment

of 16:463 by section 9 of the Act of August 18, 1970 (Public Law

91-383), as added by section 2 of the Act of October 7, 1976

(Public Law 94-458, 90 Stat. 1940).

In subsection (h)(2)(A), the words "this subsection" are used to

reflect the probable intent of Congress. In 40:484(k)(3)(A), the

words "this subsection" should probably be "this paragraph",

meaning 40:484(k)(3). In the revised section, the reference to

40:484(k)(3) is translated as "this subsection" to reflect the

restatement of 40:484(k)(3) as subsection (h) of the revised

section. The words "or the Surplus Property Act of 1944, as

amended" are omitted because the relevant provisions of the Surplus

Property Act of 1944 (50 App.:1611 et seq.) have been repealed.

In subsection (h)(3), the words "this subsection" are used to

reflect the probable intent of Congress. In 40:484(k)(3)(B), the

words "this subsection" should probably be "this paragraph",

meaning 40:484(k)(3). In the revised section, the reference to

40:484(k)(3) is translated as "this subsection" to reflect the

restatement of 40:484(k)(3) as subsection (h) of the revised

section.

-REFTEXT-

REFERENCES IN TEXT

The National and Community Service Act of 1990, referred to in

subsec.(g)(2), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127,

as amended, which is classified principally to chapter 129 (Sec.

12501 et seq.) 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 12501 of Title 42 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 549 of this title; title

10 sections 2577, 2814; title 14 section 641; title 20 section

3441; title 28 section 604; title 38 section 8162; title 42

sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 551 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 551. Donations to American Red Cross

-STATUTE-

The Administrator of General Services, in the Administrator's

discretion and under regulations that the Administrator may

prescribe, may donate to the American National Red Cross for

charitable purposes property that the American National Red Cross

processed, produced, or donated and that has been determined to be

surplus property.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

551 40:484(l). June 30, 1949, ch. 288,

title II, Sec. 203(l), as

added Aug. 1, 1955, ch. 442,

69 Stat. 430.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 702 of this title; title

10 sections 2577, 2814; title 14 section 641; title 28 section 604;

title 38 section 8162; title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 552 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 552. Abandoned or unclaimed property on Government premises

-STATUTE-

(a) Authority To Take Property (!1) Administrator of General

Services may take possession of abandoned or unclaimed property on

premises owned or leased by the Federal Government and determine

when title to the property vests in the Government. The

Administrator may use, transfer, or otherwise dispose of the

property.

(b) Claim Filed by Former Owner. - If a former owner files a

proper claim within three years from the date that title to the

property vests in the Government, the former owner shall be paid an

amount -

(1) equal to the proceeds realized from the disposition of the

property less costs incident to care and handling as determined

by the Administrator; or

(2) if the property has been used or transferred, equal to the

fair value of the property as of the time title vested in the

Government less costs incident to care and handling as determined

by the Administrator.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

552 40:484(m). June 30, 1949, ch. 288,

title II, Sec. 203(m),

formerly Sec. 203(l), 63

Stat. 388; redesignated Sec.

203(m), Aug. 1, 1955, ch.

442, 69 Stat. 430.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-FOOTNOTE-

(!1) So in original. Probably should be "Property. - The".

-End-

-CITE-

40 USC Sec. 553 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 553. Property for correctional facility, law enforcement, and

emergency management response purposes

-STATUTE-

(a) Definition. - In this section, the term "State" includes the

District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin

Islands, the Federated States of Micronesia, the Marshall Islands,

Palau, and, the Northern Mariana Islands.

(b) Authority To Transfer Property. - The Administrator of

General Services, in the Administrator's discretion and under

regulations that the Administrator may prescribe, may transfer or

convey to a State, or political subdivision or instrumentality of a

State, surplus real and related personal property that -

(1) the Attorney General determines is required by the

transferee or grantee for correctional facility use under a

program approved by the Attorney General for the care or

rehabilitation of criminal offenders;

(2) the Attorney General determines is required by the

transferee or grantee for law enforcement purposes; or

(3) the Director of the Federal Emergency Management Agency

determines is required by the transferee or grantee for emergency

management response purposes including fire and rescue services.

(c) No Monetary Consideration. - A transfer or conveyance under

this section shall be made without monetary consideration to the

Federal Government.

(d) Deed of Conveyance. - The deed of conveyance of any surplus

real and related personal property disposed of under this section -

(1) shall provide that all of the property be used and

maintained for the purpose for which it was conveyed in

perpetuity, and that if the property ceases to be used or

maintained for that purpose, all or any portion of the property

shall, in its then existing condition, at the option of the

Government, revert to the Government; and

(2) may contain additional terms, reservations, restrictions,

and conditions that the Administrator determines are necessary to

safeguard the interests of the Government.

(e) Enforcement and Revision of Instruments Transferring Property

Under This Section. - The Administrator shall determine and enforce

compliance with the terms, conditions, reservations, and

restrictions contained in an instrument by which a transfer or

conveyance under this section is made. The Administrator shall

reform, correct, or amend the instrument if necessary to correct

the instrument or to conform the transfer to the requirements of

law. The Administrator shall grant a release from any term,

condition, reservation or restriction contained in the instrument,

and shall convey, quitclaim, or release to the transferee (or other

eligible user) any right or interest reserved to the Government by

the instrument, if the Administrator determines that the property

no longer serves the purpose for which it was transferred or that a

release, conveyance, or quitclaim deed will not prevent

accomplishment of that purpose. The release, conveyance, or

quitclaim deed may be made subject to terms and conditions that the

Administrator considers necessary to protect or advance the

interests of the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1099.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

553 40:484(p). June 30, 1949, ch. 288,

title II, Sec. 203(p), as

added Pub. L. 98-473, title

II, Sec. 701, Oct. 12, 1984,

98 Stat. 2129; Pub. L.

105-119, title I, Sec. 118,

Nov. 26, 1997, 111 Stat.

2468; Pub. L. 106-113, Sec.

1000(a)(5) [Sec. 233(a)],

Nov. 29, 1999, 113 Stat.

1501A-301; Pub. L. 106-168,

title III, Sec. 301, Dec.

12, 1999, 113 Stat. 1821;

Pub. L. 106-398, Sec. 1

[Sec. 2814], Oct. 30, 2000,

114 Stat. 1654A-419.

--------------------------------------------------------------------

In subsection (a), the words "Trust Territory of the Pacific

Islands" are omitted and the words "the Federated States of

Micronesia, the Marshall Islands, Palau" are added because of the

termination of the Trust Territory of the Pacific Islands. See

48:1681 note prec.

In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is

omitted as executed and obsolete.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 554 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 554. Property for development or operation of a port facility

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Base closure law. - The term "base closure law" means the

following:

(A) Title II of the Defense Authorization Amendments and Base

Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687

note).

(B) The Defense Base Closure and Realignment Act of 1990

(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687

note).

(C) Section 2687 of title 10.

(2) State. - The term "State" includes the District of

Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands,

the Federated States of Micronesia, the Marshall Islands, Palau,

and the Northern Mariana Islands.

(b) Authority for Assignment to the Secretary of Transportation.

- Under regulations that the Administrator of General Services,

after consultation with the Secretary of Defense, may prescribe,

the Administrator, or the Secretary of Defense in the case of

property located at a military installation closed or realigned

pursuant to a base closure law, may assign to the Secretary of

Transportation for disposal surplus real property, including

buildings, fixtures, and equipment situated on the property, that

the Secretary of Transportation recommends as needed for the

development or operation of a port facility.

(c) Authority for Conveyance by the Secretary of Transportation.

(1) In general. - Subject to disapproval by the Administrator

or the Secretary of Defense within 30 days after notice of a

proposed conveyance by the Secretary of Transportation, the

Secretary of Transportation, for the development or operation of

a port facility, may convey property assigned to the Secretary of

Transportation under subsection (b) to a State or political

subdivision, municipality, or instrumentality of a State.

(2) Conveyance requirements. - A transfer of property may be

made under this section only after the Secretary of

Transportation has -

(A) determined, after consultation with the Secretary of

Labor, that the property to be conveyed is located in an area

of serious economic disruption;

(B) received and, after consultation with the Secretary of

Commerce, approved an economic development plan submitted by an

eligible grantee and based on assured use of the property to be

conveyed as part of a necessary economic development program;

and

(C) transmitted to Congress an explanatory statement that

contains information substantially similar to the information

contained in statements prepared under section 545(e) of this

title.

(d) No Monetary Consideration. - A conveyance under this section

shall be made without monetary consideration to the Federal

Government.

(e) Deed of Conveyance. - The deed of conveyance of any surplus

real and related personal property disposed of under this section

shall -

(1) provide that all of the property be used and maintained for

the purpose for which it was conveyed in perpetuity, and that if

the property ceases to be used or maintained for that purpose,

all or any portion of the property shall, in its then existing

condition, at the option of the Government, revert to the

Government; and

(2) contain additional terms, reservations, restrictions, and

conditions that the Secretary of Transportation shall by

regulation require to ensure use of the property for the purposes

for which it was conveyed and to safeguard the interests of the

Government.

(f) Enforcement and Revision of Instruments Transferring Property

Under This Section. - The Secretary of Transportation shall

determine and enforce compliance with the terms, conditions,

reservations, and restrictions contained in an instrument by which

a transfer or conveyance under this section is made. The Secretary

shall reform, correct, or amend the instrument if necessary to

correct the instrument or to conform the transfer to the

requirements of law. The Secretary shall grant a release from any

term, condition, reservation or restriction contained in the

instrument, and shall convey, quitclaim, or release to the grantee

any right or interest reserved to the Government by the instrument,

if the Secretary determines that the property no longer serves the

purpose for which it was transferred or that a release, conveyance,

or quitclaim deed will not prevent accomplishment of that purpose.

The release, conveyance, or quitclaim deed may be made subject to

terms and conditions that the Secretary considers necessary to

protect or advance the interests of the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1100.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

554 40:484(q). June 30, 1949, ch. 288,

title II, Sec. 203(q), as

added Pub. L. 103-160, div.

B, title XXIX, Sec. 2927(2),

Nov. 30, 1993, 107 Stat.

1933.

--------------------------------------------------------------------

In subsection (a), the words "Trust Territory of the Pacific

Islands" are omitted and the words "the Federated States of

Micronesia, the Marshall Islands, Palau" are added because of the

termination of the Trust Territory of the Pacific Islands. See

48:1681 note prec.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 555 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 555. Donation of law enforcement canines to handlers

-STATUTE-

The head of a federal agency having control of a canine that has

been used by a federal agency in the performance of law enforcement

duties and that has been determined by the agency to be no longer

needed for official purposes may donate the canine to an individual

who has experience handling canines in the performance of those

duties.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

555 40:484(r). June 30, 1949, ch. 288,

title II, Sec. 203(r), as

added Pub. L. 105-27, Sec.

1, July 18, 1997, 111 Stat.

244.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 sections 2577, 2814;

title 14 section 641; title 28 section 604; title 38 section 8162;

title 42 sections 3796ll-3, 11411.

-End-

-CITE-

40 USC Sec. 556 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 556. Disposal of dredge vessels

-STATUTE-

(a) In General. - The Administrator of General Services, pursuant

to sections 521 through 527, 529, and 549 of this title, may

dispose of a United States Army Corps of Engineers vessel used for

dredging, together with related equipment owned by the Federal

Government and under the control of the Chief of Engineers, if the

Secretary of the Army declares the vessel to be in excess of

federal needs.

(b) Recipients and Purposes. - Disposal under this section is

accomplished -

(1) through sale or lease to -

(A) a foreign government as part of a Corps of Engineers

technical assistance program;

(B) a federal or state maritime academy for training

purposes; or

(C) a non-federal public body for scientific, educational, or

cultural purposes; or

(2) through sale solely for scrap to foreign or domestic

interests.

(c) No Dredging Activities. - A vessel described in subsection

(a) shall not be disposed of under any law for the purpose of

engaging in dredging activities within the United States.

(d) Deposit of Amounts Collected. - Amounts collected from the

sale or lease of a vessel or equipment under this section shall be

deposited into the revolving fund authorized by section 101 (9th

par.) of the Civil Functions Appropriation (!1) Act, 1954 (33

U.S.C. 576), to be available, as provided in appropriation laws,

for the operation and maintenance of vessels under the control of

the Corps of Engineers.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

556 40:483d. Pub. L. 99-662, title IX,

Sec. 945, Nov. 17, 1986, 100

Stat. 4200.

--------------------------------------------------------------------

In subsection (a), the words "U.S. Army Corps of Engineers" are

substituted for "Corps of Engineers" for clarity. The words

"Secretary of the Army" are substituted for "Secretary" because of

section 2 of the Water Resources Development Act of 1986 (33:2201).

In subsection (d), the words "U.S. Army Corps of Engineers" are

substituted for "Corps of Engineers" for clarity.

-FOOTNOTE-

(!1) So in original. Probably should be "Appropriations".

-End-

-CITE-

40 USC Sec. 557 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 557. Donation of books to Free Public Library

-STATUTE-

Subject to regulations under this subtitle, a book that is no

longer needed by an executive department, bureau, or commission of

the Federal Government, and that is not an advisable addition to

the Library of Congress, shall be turned over to the Free Public

Library of the District of Columbia for general use if the book is

appropriate for the Free Public Library.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1102.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

557 40:484-1. Feb. 25, 1903, ch. 755, Sec.

1 (7th par. on p. 865), 32

Stat. 865; Oct. 31, 1951,

ch. 654, Sec. 2(1), 65 Stat.

706.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111 of this title.

-End-

-CITE-

40 USC Sec. 558 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 558. Donation of forfeited vessels

-STATUTE-

(a) In General. - A vessel that is forfeited to the Federal

Government may be donated, in accordance with procedures under this

subtitle, to an eligible institution described in subsection (b).

(b) Eligible Institution. - An eligible institution referred to

in subsection (a) is an educational institution with a commercial

fishing vessel safety program or other vessel safety, education and

training program. The institution must certify to the federal

officer making the donation that the program includes, at a

minimum, all of the following courses in vessel safety:

(1) Vessel stability.

(2) Firefighting.

(3) Shipboard first aid.

(4) Marine safety and survival.

(5) Seamanship rules of the road.

(c) Terms and Conditions. - The donation of a vessel under this

section shall be made on terms and conditions considered

appropriate by the federal officer making the donation. All of the

following terms and conditions are required:

(1) No warranty. - The institution must accept the vessel as

is, where it is, and without warranty of any kind and without any

representation as to its condition or suitability for use.

(2) Maintenance. - The institution is responsible for

maintaining the vessel.

(3) Instruction only. - The vessel may be used only for

instructing students in a vessel safety education and training

program.

(4) Documentation. - If the vessel is eligible to be

documented, it must be documented by the institution as a vessel

of the United States under chapter 121 of title 46. The

requirements of paragraph (5) must be noted on the permanent

record of the vessel.

(5) Disposal. - The institution must obtain prior approval from

the Administrator of General Services before disposing of the

vessel and any proceeds from disposal shall be payable to the

Government.

(6) Inspection or regulation. - The vessel shall be inspected

or regulated in the same manner as a nautical school vessel under

chapter 33 of title 46.

(d) Government Liability. - The Government is not liable in an

action arising out of the transfer or use of a vessel transferred

under this section.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1103.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

558 40:484d. Pub. L. 99-640, Sec.

13(a)-(c), Nov. 10, 1986,

100 Stat. 3551.

--------------------------------------------------------------------

In subsection (b), the words "all of" are inserted for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 111 of this title; title

46 sections 2101, 3305.

-End-

-CITE-

40 USC Sec. 559 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER III - DISPOSING OF PROPERTY

-HEAD-

Sec. 559. Advice of Attorney General with respect to antitrust law

-STATUTE-

(a) Definition. - In this section, the term "antitrust law"

includes -

(1) the Sherman Act (15 U.S.C. 1 et seq.);

(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);

(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.);

and

(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8,

9).

(b) Advice Required. -

(1) In general. - An executive agency shall not dispose of

property to a private interest until the agency has received the

advice of the Attorney General on whether the disposal to a

private interest would tend to create or maintain a situation

inconsistent with antitrust law.

(2) Exception. - This section does not apply to disposal of -

(A) real property, if the estimated fair market value is less

than $3,000,000; or

(B) personal property (other than a patent, process,

technique, or invention), if the estimated fair market value is

less than $3,000,000.

(c) Notice to Attorney General. -

(1) In general. - An executive agency that contemplates

disposing of property to a private interest shall promptly

transmit notice of the proposed disposal, including probable

terms and conditions, to the Attorney General.

(2) Copy. - Except for the General Services Administration, an

executive agency that transmits notice under paragraph (1) shall

simultaneously transmit a copy of the notice to the Administrator

of General Services.

(d) Advice From Attorney General. - Within a reasonable time, not

later than 60 days, after receipt of notice under subsection (c),

the Attorney General shall advise the Administrator and any

interested executive agency whether, so far as the Attorney General

can determine, the proposed disposition would tend to create or

maintain a situation inconsistent with antitrust law.

(e) Request for Information. - On request from the Attorney

General, the head of an executive agency shall furnish information

the agency possesses that the Attorney General determines is

appropriate or necessary to -

(1) give advice required by this section; or

(2) determine whether any other disposition or proposed

disposition of surplus property violates antitrust law.

(f) No Effect on Antitrust Law. - This subtitle does not impair,

amend, or modify antitrust law or limit or prevent application of

antitrust law to a person acquiring property under this subtitle.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1103.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

559 40:488. June 30, 1949, ch. 288,

title II, Sec. 207, 63 Stat.

391; Pub. L. 85-680, Aug.

19, 1958, 72 Stat. 631; Pub.

L. 100-612, Sec. 7, Nov. 5,

1988, 102 Stat. 3182.

--------------------------------------------------------------------

In subsection (e), the words "the head of an executive agency"

are substituted for "the Administrator or any other executive

agency", the words "or cause to be furnished" are omitted, and the

words "information the agency possesses" are substituted for "such

information as the Administrator or such other executive agency may

possess", to eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The Sherman Act, referred to in subsec. (a)(1), is act July 2,

1890, ch. 647, 26 Stat. 209, as amended, which is classified to

sections 1 to 7 of Title 15, Commerce and Trade. For complete

classification of this Act to the Code, see Short Title note set

out under section 1 of Title 15 and Tables.

The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15,

1914, ch. 323, 38 Stat. 730, as amended, which is classified

generally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15,

Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For

further details and complete classification of this Act to the

Code, see note set out under section 12 of Title 15 and Tables.

The Federal Trade Commission Act, referred to in subsec. (a)(3),

is act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see section 58 of Title 15 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 17702 of this title;

title 42 section 2201.

-End-

-CITE-

40 USC SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 549 of this title;

title 6 section 453; title 38 section 8165.

-End-

-CITE-

40 USC Sec. 571 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-

Sec. 571. General rules for deposit and use of proceeds

-STATUTE-

(a) Deposit in Treasury as Miscellaneous Receipts. -

(1) In general. - Except as otherwise provided in this

subchapter, proceeds described in paragraph (2) shall be

deposited in the Treasury as miscellaneous receipts.

(2) Proceeds. - The proceeds referred to in paragraph (1) are

proceeds under this chapter from a -

(A) transfer of excess property to a federal agency for

agency use; or

(B) sale, lease, or other disposition of surplus property.

(b) Payment of Expenses of Sale Before Deposit. - Subject to

regulations under this subtitle, the expenses of the sale of old

material, condemned stores, supplies, or other public property may

be paid from the proceeds of sale so that only the net proceeds are

deposited in the Treasury. This subsection applies whether proceeds

are deposited as miscellaneous receipts or to the credit of an

appropriation as authorized by law.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1104.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

571(a) 40:485(a). June 30, 1949, ch. 288,

title II, Sec. 204(a), 63

Stat. 388; Pub. L. 101-510,

div. B, title XXVIII, Sec.

2805(1), Nov. 5, 1990, 104

Stat. 1786.

571(b) 40:485a. June 8, 1896, ch. 373, 29

Stat. 268; Oct. 31, 1951,

ch. 654, Sec. 2(20), 65

Stat. 707; Pub. L. 104-316,

title I, Sec. 120(a), Oct.

19, 1996, 110 Stat. 3836.

--------------------------------------------------------------------

In subsection (b), the words "whether proceeds are deposited as

miscellaneous receipts or to the credit of an appropriation as

authorized by law" are substituted for "either as miscellaneous

receipts on account of 'proceeds of Government property' or to the

credit of the appropriations to which such proceeds are by law

authorized to be made . . . either as miscellaneous receipts or to

the credit of such appropriations, as the case may be" to eliminate

unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 585 of this title.

-End-

-CITE-

40 USC Sec. 572 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-

Sec. 572. Real property

-STATUTE-

(a) In General. -

(1) Separate fund. - Except as provided in subsection (b),

proceeds of the disposition of surplus real and related personal

property by the Administrator of General Services shall be set

aside in a separate fund in the Treasury.

(2) Payment of expenses from the fund. -

(A) Authority. - From the fund described in paragraph (1),

the Administrator may obligate an amount to pay the following

direct expenses incurred for the use of excess property and the

disposal of surplus property under this subtitle:

(i) Fees of appraisers, auctioneers, and realty brokers, in

accordance with the scale customarily paid in similar

commercial transactions.

(ii) Costs of environmental and historic preservation

services.

(iii) Advertising and surveying.

(B) Limitations. -

(i) Percentage limitation. - In each fiscal year, no more

than 12 percent of the proceeds of all dispositions of

surplus real and related personal property may be paid to

meet direct expenses incurred in connection with the

dispositions.

(ii) Determination of maximum amount. - The Director of the

Office of Management and Budget each quarter shall determine

the maximum amount that may be obligated under this

paragraph.

(C) Direct payment or reimbursement. - An amount obligated

under this paragraph may be used to pay an expense directly or

to reimburse a fund or appropriation that initially paid the

expense.

(3) Transfer to miscellaneous receipts. - At least once each

year, excess amounts beyond current operating needs shall be

transferred from the fund described in paragraph (1) to

miscellaneous receipts.

(4) Report. - A report of receipts, disbursements, and

transfers to miscellaneous receipts under this subsection shall

be made annually, in connection with the budget estimate, to the

Director and to Congress.

(b) Real Property Under Control of a Military Department. -

(1) Definitions. - In this subsection, the following

definitions apply:

(A) Military installation. - The term "military installation"

has the meaning given that term in section 2687(e)(1) of title

10.

(B) Base closure law. - The term "base closure law" has the

meaning given that term in section 2667(h)(2) of title 10.

(2) Application. -

(A) In general. - This subsection applies to real property,

including any improvement on the property, that is under the

control of a military department and that the Secretary of the

department determines is excess to the department's needs.

(B) Exceptions. - This subsection does not apply to -

(i) damaged or deteriorated military family housing

facilities conveyed under section 2854a of title 10; or

(ii) property at a military installation designated for

closure or realignment pursuant to a base closure law.

(3) Transfer between military departments. - The Secretary of

Defense shall provide that property described in paragraph (2) is

available for transfer, without reimbursement, to other military

departments within the Department of Defense.

(4) Alternative disposition by administrator of general

services. - If property is not transferred pursuant to paragraph

(3), the Secretary of the military department with the property

under its control shall request the Administrator to transfer or

dispose of the property in accordance with this subtitle or other

applicable law.

(5) Proceeds. -

(A) Deposit in special account. - For a transfer or

disposition of property pursuant to paragraph (4), the

Administrator shall deposit any proceeds (less expenses of the

transfer or disposition as provided in subsection (a)) in a

special account in the Treasury.

(B) Availability of amount deposited. - To the extent

provided in an appropriation law, an amount deposited in a

special account under subparagraph (A) is available for

facility maintenance and repair or environmental restoration as

follows:

(i) In the case of property located at a military

installation that is closed, the amount is available for

facility maintenance and repair or environmental restoration

by the military department that had jurisdiction over the

property before the closure of the military installation.

(ii) In the case of property located at any other military

installation -

(I) 50 percent of the amount is available for facility

maintenance and repair or environmental restoration at the

military installation where the property was located before

it was disposed of or transferred; and

(II) 50 percent of the amount is available for facility

maintenance and repair and for environmental restoration by

the military department that had jurisdiction over the

property before it was disposed of or transferred.

(6) Report. - As part of the annual request for authorizations

of appropriations to the Committees on Armed Services of the

Senate and the House of Representatives, the Secretary of Defense

shall include an accounting of each transfer and disposal made in

accordance with this subsection during the fiscal year preceding

the fiscal year in which the request is made. The accounting

shall include a detailed explanation of each transfer and

disposal and of the use of the proceeds received from it by the

Department of Defense.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1105.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

572(a) 40:485(b). June 30, 1949, ch. 288,

title II, Sec. 204(b), as

added Aug. 31, 1954, ch.

1178, Sec. 1(b), 68 Stat.

1051; Pub. L. 86-215, Sept.

1, 1959, 73 Stat. 446; Pub.

L. 100-612, Sec. 6, Nov. 5,

1988, 102 Stat. 3181; Pub.

L. 101-510, div. B, title

XXVIII, Sec. 2805(2), Nov.

5, 1990, 104 Stat. 1786;

Pub. L. 107-107, Sec. 2812,

Dec. 28, 2001, 115 Stat.

1307.

572(b) 40:485(h). June 30, 1949, ch. 288,

title II, Sec. 204(h), as

added Pub. L. 101-510, div.

B, title XXVIII, Sec.

2805(3), Nov. 5, 1990, 104

Stat. 1786; Pub. L. 104-106,

div. A, title XV, Sec.

1502(f)(7), div. B, title

XXVIII, Sec. 2818(b), Feb.

10, 1996, 110 Stat. 510,

555; Pub. L. 106-65, title

X, Sec. 1067(18), Oct. 5,

1999, 113 Stat. 775; Pub. L.

107-107, Sec. 2812, Dec. 28,

2001, 115 Stat. 1307.

--------------------------------------------------------------------

In subsection (b)(4), the words "section 13(g) of the Surplus

Property Act of 1944 (50 U.S.C. App. 1622(g))" are omitted because

50 App.:1622(g) has been repealed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 111, 547, 705 of this

title; title 10 section 2831; title 16 section 460l-5.

-End-

-CITE-

40 USC Sec. 573 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-

Sec. 573. Personal property

-STATUTE-

The Administrator of General Services may retain from the

proceeds of sales of personal property the Administrator conducts

amounts necessary to recover, to the extent practicable, costs the

Administrator (or the Administrator's agent) incurs in conducting

the sales. The Administrator shall deposit amounts retained into

the General Supply Fund established under section 321(a) of this

title. From the amounts deposited, the Administrator may pay direct

costs and reasonably related indirect costs incurred in conducting

sales of personal property. At least once each year, amounts

retained that are not needed to pay the direct and indirect costs

shall be transferred from the General Supply Fund to the general

fund or another appropriate account in the Treasury.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1107.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

573 40:485(i). June 30, 1949, ch. 288,

title II, Sec. 204(i), as

added Pub. L. 103-123, title

IV, Sec. 7, Oct. 28, 1993,

107 Stat. 1247.

--------------------------------------------------------------------

-End-

-CITE-

40 USC Sec. 574 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

-HEAD-

Sec. 574. Other rules regarding proceeds

-STATUTE-

(a) Credit to Reimbursable Fund or Appropriation. -

(1) Application. - This subsection applies to property acquired

with amounts -

(A) not appropriated from the general fund of the Treasury;

or

(B) appropriated from the general fund of the Treasury but by

law reimbursable from assessment, tax, or other revenue or

receipts.

(2) In general. - The net proceeds of a disposition or transfer

of property described in paragraph (1) shall be -

(A) credited to the applicable reimbursable fund or

appropriation; or

(B) paid to the federal agency that determined the property

to be excess.

(3) Calculation of net proceeds. - For purposes of this

subsection, the net proceeds of a disposition or transfer of

property are the proceeds less all expenses incurred for the

disposition or transfer, including care and handling.

(4) Alternative credit to miscellaneous receipts. - If the

agency that determined the property to be excess decides that it

is uneconomical or impractical to ascertain the amount of net

proceeds, the proceeds shall be credited to miscellaneous

receipts.

(b) Special Account for Refunds or Payments for Breach. -

(1) Deposits. - A federal agency that disposes of surplus

property under this chapter may deposit, in a special account in

the Treasury, amounts of the proceeds of the dispositions that

the agency decides are necessary to permit -

(A) appropriate refunds to purchasers for dispositions that

are rescinded or that do not become final; and

(B) payments for breach of warranty.

(2) Withdrawals. - A federal agency that deposits proceeds in a

special account under paragraph (1) may withdraw amounts to be

refunded or paid from the account without regard to the origin of

the amounts withdrawn.

(c) Credit to Cost of Contractor's Work. - If a contract made by

an executive agency, or a subcontract under that contract,

authorizes the proceeds of a sale of property in the custody of a

contractor or subcontractor to be credited to the price or cost of

work covered by the contract or subcontract, then the proceeds of

the sale shall be credited in accordance with the contract or

subcontract.

(d) Acceptance of Property Instead of Cash. - An executive agency

entitled to receive cash under a contract for the lease, sale, or

other disposition of surplus property may accept property instead

of cash if the President determines that the property is strategic

or critical material. The property is valued at the prevailing

market price when the cash payment becomes due.

(e) Management of Credit, Leases, and Permits. - For a

disposition of surplus property under this chapter, if credit has

been extended, or if the disposition has been by lease or permit,

the Administrator of General Services, in a manner and on terms the

Administrator determines are in the best interest of the Federal

Government -

(1) shall administer and manage the credit, lease, or permit,

and any security for the credit, lease, or permit; and

(2) may enforce, adjust, and settle any right of the Government

with respect to the credit, lease, or permit.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1107.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

574(a) 40:485(c). June 30, 1949, ch. 288,

title II, Sec. 204(c)-(g),

formerly Sec. 204(b)-(f), 63

Stat. 389; redesignated Sec.

204(c)-(g), Aug. 31, 1954,

ch. 1178, Sec. 1(a), 68

Stat. 1051; Pub. L. 96-41,

Sec. 3(d), July 30, 1979, 93

Stat. 325.

574(b) 40:485(d).

574(c) 40:485(e).

574(d) 40:485(f).

574(e) 40:485(g).

--------------------------------------------------------------------

In subsection (b)(1), the words "in the Treasury" are substituted

for "with the Treasurer of the United States" because of section 1

of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat.

1280), restated as 31:321.

In subsection (e), the words "or by War Assets Administration (or

its predecessor agencies) under the Surplus Property Act of 1944"

are omitted because the War Assets Administration was abolished and

its functions were transferred to the General Services

Administration by section 105 of the Federal Property and

Administrative Services Act of 1949 (ch. 288, 63 Stat. 381).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (f) of section 485 of former

Title 40, Public Buildings, Property, and Works (which was repealed

and reenacted as subsec. (d) of this section by Pub. L. 107-217,

Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to

Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25,

1988, 53 F.R. 6114, set out as a note under section 98 of Title 50,

War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 522 of this title; title

16 section 460l-5.

-End-

-CITE-

40 USC SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED

ACTIVITIES 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-End-

-CITE-

40 USC Sec. 581 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 581. General authority of Administrator of General Services

-STATUTE-

[(a) Repealed. Pub. L. 107-296, title XVII, Sec. 1706(a)(1), Nov.

25, 2002, 116 Stat. 2316.]

(b) Personnel and Equipment. - The Administrator may -

(1) employ and pay personnel at per diem rates approved by the

Administrator, not exceeding rates currently paid by private

industry for similar services in the place where the services are

performed; and

(2) purchase, repair, and clean uniforms for civilian employees

of the General Services Administration who are required by law or

regulation to wear uniform clothing.

(c) Acquisition and Management of Property. -

(1) Real estate. - The Administrator may acquire, by purchase,

condemnation, or otherwise, real estate and interests in real

estate.

(2) Ground rent. - The Administrator may pay ground rent for

buildings owned by the Federal Government or occupied by federal

agencies, and pay the rent in advance if required by law or if

the Administrator determines that advance payment is in the

public interest.

(3) Rent and repairs under a lease. - The Administrator may pay

rent and make repairs, alterations, and improvements under the

terms of a lease entered into by, or transferred to, the

Administration for the housing of a federal agency.

(4) Repairs that are economically advantageous. - The

Administrator may repair, alter, or improve rented premises if

the Administrator determines that doing so is advantageous to the

Government in terms of economy, efficiency, or national security.

The Administrator's determination must -

(A) set forth the circumstances that make the repair,

alteration, or improvement advantageous; and

(B) show that the total cost (rental, repair, alteration, and

improvement) for the expected life of the lease is less than

the cost of alternative space not needing repair, alteration,

or improvement.

(5) Insurance proceeds for defense industrial reserve. - At the

direction of the Secretary of Defense, the Administrator may use

insurance proceeds received for damage to property that is part

of the Defense Industrial Reserve to repair or restore the

property.

(6) Maintenance contracts. - The Administrator may enter into a

contract, for a period not exceeding five years, for the

inspection, maintenance, and repair of fixed equipment in a

federally owned building.

(d) Lease of Federal Building Sites. -

(1) In general. - The Administrator may lease a federal

building site or addition, including any improvements, until the

site is needed for construction purposes. The lease must be for

fair rental value and on other terms and conditions the

Administrator considers to be in the public interest pursuant to

section 545 of this title.

(2) Negotiation without advertising. - A lease under this

subsection may be negotiated without public advertising for bids

if -

(A) the lessee is -

(i) the former owner from whom the Government acquired the

property; or

(ii) the former owner's tenant in possession; and

(B) the lease is negotiated incident to or in connection with

the acquisition of the property.

(3) Deposit of rent. - Rent received under this subsection may

be deposited into the Federal Buildings Fund.

(e) Assistance to the Inaugural Committee. - The Administrator

may provide direct assistance and special services for the

Inaugural Committee (as defined in section 501 of title 36) during

an inaugural period in connection with Presidential inaugural

operations and functions. Assistance and services under this

subsection may include -

(1) employment of personal services without regard to chapters

33 and 51 and subchapter III of chapter 53 of title 5;

(2) providing Government-owned and leased space for personnel

and parking;

(3) paying overtime to guard and custodial forces;

(4) erecting and removing stands and platforms;

(5) providing and operating first-aid stations;

(6) providing furniture and equipment; and

(7) providing other incidental services in the discretion of

the Administrator.

(f) Utilities for Defense Industrial Reserve and Surplus

Property. - The Administrator may -

(1) provide utilities and services, if the utilities and

services are not provided by other sources, to a person, firm, or

corporation occupying or using a plant or portion of a plant that

constitutes -

(A) any part of the Defense Industrial Reserve pursuant to

section 2535 of title 10; or

(B) surplus real property; and

(2) credit an amount received for providing utilities and

services under this subsection to an applicable appropriation of

the Administration.

(g) Obtaining Payments. - The Administrator may -

(1) obtain payments, through advances or otherwise, for

services, space, quarters, maintenance, repair, or other

facilities furnished, on a reimbursable basis, to a federal

agency, a mixed-ownership Government corporation (as defined in

chapter 91 of title 31), or the District of Columbia; and

(2) credit the payments to the applicable appropriation of the

Administration.

(h) Cooperative Use of Public Buildings. -

(1) Leasing space for commercial and other purposes. - The

Administrator may lease space on a major pedestrian access level,

courtyard, or rooftop of a public building to a person, firm, or

organization engaged in commercial, cultural, educational, or

recreational activity (as defined in section 3306(a) of this

title). The Administrator shall establish a rental rate for

leased space equivalent to the prevailing commercial rate for

comparable space devoted to a similar purpose in the vicinity of

the public building. The lease may be negotiated without

competitive bids, but shall contain terms and conditions and be

negotiated pursuant to procedures that the Administrator

considers necessary to promote competition and to protect the

public interest.

(2) Occasional use of space for non-commercial purposes. - The

Administrator may make available, on occasion, or lease at a rate

and on terms and conditions that the Administrator considers to

be in the public interest, an auditorium, meeting room,

courtyard, rooftop, or lobby of a public building to a person,

firm, or organization engaged in cultural, educational, or

recreational activity (as defined in section 3306(a) of this

title) that will not disrupt the operation of the building.

(3) Deposit and credit of amounts received. - The Administrator

may deposit into the Federal Buildings Fund an amount received

under a lease or rental executed pursuant to paragraph (1) or

(2). The amount shall be credited to the appropriation from the

Fund applicable to the operation of the building.

(4) Furnishing utilities and maintenance. - The Administrator

may furnish utilities, maintenance, repair, and other services to

a person, firm, or organization leasing space pursuant to

paragraph (1) or (2). The services may be provided during and

outside of regular working hours of federal agencies.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107-296,

title XVII, Sec. 1706(a), Nov. 25, 2002, 116 Stat. 2316.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

581 40:490(a). June 30, 1949, ch. 288,

title II, Sec. 210(a), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

580; Pub. L. 85-886, Sec. 1,

Sept. 2, 1958, 72 Stat.

1709; Pub. L. 89-276, Oct.

20, 1965, 79 Stat. 1010;

Pub. L. 90-626, Oct. 22,

1968, 82 Stat. 1319; Pub. L.

94-541, title I, Sec.

104(a), Oct. 18, 1976, 90

Stat. 2506; Pub. L. 104-201,

title VIII, Sec. 823, Sept.

23, 1996, 110 Stat. 2609;

Pub. L. 104-316, title I,

Sec. 120(b), Oct. 19, 1996,

110 Stat. 3836.

--------------------------------------------------------------------

In this section, 40:490(a)(7) is omitted as obsolete because the

pneumatic tube system referred to in the provision is no longer

used or maintained and 40:490(a)(9) is omitted as obsolete because

the relevant provisions of the Surplus Property Act of 1944 (50

App.:1611 et seq.) have been repealed.

In subsection (c)(3) and (4), the words "without regard to the

provisions of section 278a of this title" and "which on June 30,

1950, was specifically exempted by law from the requirements of

said section" (in 40:490(a)(5)), and the words "without regard to

the 25 per centum limitation of section 278a of this title" and

"without reference to such limitation" (in 40:490(a)(8)),

respectively, are omitted as obsolete because 40:278a was repealed

by section 7 of the Public Buildings Amendments of 1988 (Public Law

100-678, 40:278a).

In subsection (c)(5), the words "Defense Industrial Reserve" are

substituted for "National Industrial Reserve" because the National

Industrial Reserve Act was renamed the Defense Industrial Reserve

Act by section 809 of the Department of Defense Appropriation

Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and

transferred to 10:2535 by section 4235 of the Defense Conversion,

Reinvestment and Transition Assistance Act of 1992, which was

included as Division D in the National Defense Authorization Act

for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat.

2690).

In subsection (d)(3), the words "Federal Buildings Fund" are

substituted for "Buildings Management Fund" because the fund

established under 40:490(f)(1) is the Federal Buildings Fund and

unexpended balances in the Buildings Management Fund were merged

into the Federal Buildings Fund under 40:490(f)(3).

In subsection (e), before clause (1), the words "section 501 of

title 36" are substituted for "the Act of August 6, 1965, 70 Stat

1049" in section 210(a)(15) of the Federal Property and

Administrative Services Act of 1949 because of section 5(b) of the

Act of August 12, 1998 (Public Law 105-225, 112 Stat. 1499), the

first section of which enacted Title 36, United States Code. In

clause (1), the words "chapters 33 and 51 and subchapter III of

chapter 53 of title 5" are substituted for "the civil service and

classification laws" because of section 7(b) of the Act of

September 6, 1966 (Public Law 89-554, 80 Stat. 631), the first

section of which enacted Title 5, United States Code.

In subsection (f)(1)(A), the words "Defense Industrial Reserve

pursuant to section 2535 of title 10" are substituted for "National

Industrial Reserve pursuant to the National Industrial Reserve Act

of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial

Reserve Act was renamed the Defense Industrial Reserve Act by

section 809 of the Department of Defense Appropriation

Authorization Act, 1974 (Public Law 93-155, 87 Stat. 617), and

transferred to 10:2535 by section 4235 of the Defense Conversion,

Reinvestment and Transition Assistance Act of 1992, which was

included as Division D in the National Defense Authorization Act

for Fiscal Year 1993 (Public Law 102-484, title XLII, 106 Stat.

2690).

In subsection (g)(1), the words "mixed-ownership Government

corporation" are substituted for "mixed-ownership corporation" for

consistency with chapter 91 of title 31. The words "chapter 91 of

title 31" are substituted for "the Government Corporation Control

Act" in section 210(a)(6) of the Federal Property and

Administrative Services Act of 1949 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.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 1706(a)(1), struck out

subsec. (a) which read as follows: "Applicability. - To the extent

that the Administrator of General Services by law, other than this

section, may maintain, operate, and protect buildings or property,

including the construction, repair, preservation, demolition,

furnishing, or equipping of buildings or property, the

Administrator, in the discharge of these duties, may exercise

authority granted under this section."

Subsec. (b). Pub. L. 107-296, Sec. 1706(a)(2), in par. (1),

inserted "and" at end, in par. (2), substituted a period for ";

and" at end, and struck out par. (3) which read as follows:

"furnish arms and ammunition for the protection force the

Administration maintains."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-EXEC-

FACILITATING ACCESS TO FEDERAL PROPERTY FOR SITING OF MOBILE

SERVICES ANTENNAS

Memorandum of President of the United States, Aug. 10, 1995, 60

F.R. 42023, provided:

Memorandum for the Heads of Departments and Agencies

Recent advancements in mobile telecommunications technology

present an opportunity for the rapid construction of the Nation's

wireless communications infrastructure. As a matter of policy, the

Federal Government shall encourage the efficient and timely

implementation of such new technologies and the concomitant

infrastructure buildout as a means of stimulating economic growth

and creating new jobs. The recent auctioning and impending

licensing of radio frequencies for mobile personal communications

services presents the Federal Government with the opportunity to

foster new technologies and to encourage the development of

communications infrastructure by making Federal property available

for the siting of mobile services antennas.

Therefore, to the extent permitted by law, I hereby direct the

Administrator of General Services, within 90 days, in consultation

with the Secretaries of Agriculture, Interior, Defense, and the

heads of such other agencies as the Administrator may determine, to

develop procedures necessary to facilitate appropriate access to

Federal property for the siting of mobile services antennas.

The procedures should be developed in accordance with the

following:

1. (a) Upon request, and to the extent permitted by law and where

practicable, executive departments and agencies shall make

available Federal Government buildings and lands for the siting of

mobile service antennas. This should be done in accordance with

Federal, State, and local laws and regulations, and consistent with

national security concerns (including minimizing mutual

electromagnetic interactions), public health and safety concerns,

environmental and aesthetic concerns, preservation of historic

buildings and monuments, protection of natural and cultural

resources, protection of national park and wilderness values,

protection of National Wildlife Refuge systems, and subject to any

Federal requirements promulgated by the agency managing the

facility and the Federal Communications Commission, the Federal

Aviation Administration, National Telecommunications and

Information Administration, and other relevant departments and

agencies.

(b) Antennas on Federal buildings or land may not contain any

advertising.

(c) Federal property does not include lands held by the United

States in trust for individual or Native American tribal

governments.

(d) Agencies shall retain discretion to reject inappropriate

siting requests, and assure adequate protection of public property

and timely removal of equipment and structures at the end of

service.

2. All procedures and mechanisms adopted regarding access to

Federal property shall be clear and simple so as to facilitate the

efficient and rapid buildout of the national wireless

communications infrastructure.

3. Unless otherwise prohibited by or inconsistent with Federal

law, agencies shall charge fees based on market value for siting

antennas on Federal property, and may use competitive procedures if

not all applicants can be accommodated.

This memorandum does not give the siting of mobile services

antennas priority over other authorized uses of Federal buildings

or land.

All independent regulatory commissions and agencies are requested

to comply with the provisions of this memorandum.

This memorandum is not intended to create any right, benefit or

trust responsibility, substantive or procedural, enforceable at law

or equity by a party against the United States, its agencies or

instrumentalities, its officers, or any other person.

This memorandum shall be published in the Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 584, 592, 3306 of this

title; title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 582 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 582. Management of buildings by Administrator of General

Services

-STATUTE-

(a) Request by Federal Agency or Instrumentality. - At the

request of a federal agency, a mixed-ownership Government

corporation (as defined in chapter 91 of title 31), or the District

of Columbia, the Administrator of General Services may operate,

maintain, and protect a building that is owned by the Federal

Government (or, in the case of a wholly owned or mixed-ownership

Government corporation, by the corporation) and occupied by the

agency or instrumentality making the request.

(b) Transfer of Functions by Director of the Office of Management

and Budget. -

(1) In general. - When the Director of the Office of Management

and Budget determines that it is in the interest of economy or

efficiency, the Director shall transfer to the Administrator all

functions vested in a federal agency with respect to the

operation, maintenance, and custody of an office building owned

by the Government or a wholly owned Government corporation, or an

office building, or part of an office building, that is occupied

by a federal agency under a lease.

(2) Exception for post-office buildings. - A transfer of

functions shall not be made under this subsection for a

post-office building, unless the Director determines that the

building is not used predominantly for post-office purposes. The

Administrator may delegate functions with respect to a

post-office building that are transferred to the Administrator

under this subsection only to another officer or employee of the

General Services Administration or to the Postmaster General.

(3) Exception for buildings in a foreign country. - A transfer

of functions shall not be made under this subsection for a

building located in a foreign country.

(4) Exception for department of defense buildings. - A transfer

of functions shall not be made under this subsection for a

building located on the grounds of a facility of the Department

of Defense (including a fort, camp, post, arsenal, navy yard,

naval training station, airfield, proving ground, military supply

depot, or school) unless and only to the extent that the

Secretary of Defense has issued a permit for use by another

agency.

(5) Exception for groups of special purpose buildings. - A

transfer of functions shall not be made under this subsection for

a building that the Director finds to be a part of a group of

buildings that are -

(A) located in the same vicinity;

(B) used wholly or predominantly for the special purposes of

the agency with custody of the buildings; and

(C) not generally suitable for use by another agency.

(6) Exception for certain government buildings. - A transfer of

functions shall not be made under this subsection for the

Treasury Building, the Bureau of Engraving and Printing Building,

the buildings occupied by the National Institute of Standards and

Technology, and the buildings under the jurisdiction of the

regents of the Smithsonian Institution.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1110.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

582(a) 40:490(b). June 30, 1949, ch. 288,

title II, Sec. 210(b), (d),

as added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

581, 582; Pub. L. 100-418,

title V, Sec. 5115(c), Aug.

23, 1988, 102 Stat. 1433.

582(b) 40:490(d).

--------------------------------------------------------------------

In subsection (a), the words "mixed-ownership Government

corporation" are substituted for "mixed-ownership corporation" for

consistency in the subsection and with chapter 91 of title 31. The

words "chapter 91 of title 31" are substituted for "the Government

Corporation Control Act" in section 210(b) of the Federal Property

and Administrative Services Act of 1949, 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.

In subsection (b), the words "Director of the Office of

Management and Budget" are substituted for "Director of the Bureau

of the Budget" in section 210(i) of the Federal Property and

Administrative Services Act of 1949 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 Reorganization

Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102

of Reorganization Plan No. 2 of 1970, was repealed by section 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 provision, 31:502, continued the

designation as Director of the Office of Management and Budget.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 583 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 583. Construction of buildings

-STATUTE-

(a) Authority. - At the request of a federal agency, a

mixed-ownership Government corporation (as defined in chapter 91 of

title 31), or the District of Columbia, the Administrator of

General Services may -

(1) acquire land for a building or project authorized by

Congress;

(2) make or cause to be made (under contract or otherwise)

surveys and test borings and prepare plans and specifications for

a building or project prior to the Attorney General's approval of

the title to the site; and

(3) contract for, and supervise, the construction, development,

and equipping of a building or project.

(b) Transfer of Amounts. - An amount available to a federal

agency or instrumentality for a building or project may be

transferred, in advance, to the General Services Administration for

purposes the Administrator determines are necessary, including

payment of salaries and expenses for preparing plans and

specifications and for field supervision.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1111.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

583 40:490(c). June 30, 1949, ch. 288,

title II, Sec. 210(c), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat. 582.

--------------------------------------------------------------------

In subsection (a), the words "mixed-ownership Government

corporation" are substituted for "mixed-ownership corporation" for

consistency in the subsection and with chapter 91 of title 31. The

words "chapter 91 of title 31" are substituted for "the Government

Corporation Control Act" in section 210(c) of the Federal Property

and Administrative Services Act of 1949 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.

In subsection (b), the words "salaries and expenses for preparing

plans and specifications and for field supervision" are substituted

for "salaries and expenses of personnel engaged in the preparation

of plans and specifications or in field supervision, and for

general office expenses to be incurred in the rendition of any such

service" to eliminate unnecessary words.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 584 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 584. Assignment and reassignment of space

-STATUTE-

(a) Authority. -

(1) In general. - Subject to paragraph (2), the Administrator

of General Services may assign or reassign space for an executive

agency in any Federal Government-owned or leased building.

(2) Requirements. - The Administrator's authority under

paragraph (1) may be exercised only -

(A) in accordance with policies and directives the President

prescribes under section 121(a) of this title;

(B) after consultation with the head of the executive agency

affected; and

(C) on a determination by the Administrator that the

assignment or reassignment is advantageous to the Government in

terms of economy, efficiency, or national security.

(b) Priority for Public Access. - In assigning space on a major

pedestrian access level (other than space leased under section

581(h)(1) or (2) of this title), the Administrator shall, where

practicable, give priority to federal activities requiring regular

contact with the public. If the space is not available, the

Administrator shall provide space with maximum ease of access to

building entrances.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1112.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

584 40:490(e). June 30, 1949, ch. 288,

title II, Sec. 210(e), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

582; Pub. L. 94-541, title

I, Sec. 104(b), Oct. 18,

1976, 90 Stat. 2506.

--------------------------------------------------------------------

-EXEC-

EX. ORD. NO. 12411. GOVERNMENT WORK SPACE MANAGEMENT REFORMS

Ex. Ord. No. 12411, Mar. 29, 1983, 48 F.R. 13391, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including Section 486 of

Title 40 of the United States Code [now 40 U.S.C. 121], in order to

institute fundamental changes in the manner in which Federal work

space is managed to ensure its efficient utilization, it is hereby

ordered as follows:

Section 1. In order to make the Federal use of work space

(including office space, warehouses and special purpose space,

whether federally owned, leased or controlled) and related

furnishings more effective in support of agency missions, minimize

the acquisition of government resources, and reduce the

administrative costs of the Federal government, the heads of all

Federal Executive agencies shall:

(a) Establish programs to reduce the amount of work space, used

or held, to that amount which is essential for known agency

missions;

(b) Produce and maintain a total inventory of work space and

related furnishings and declare excess to the Administrator of

General Services all such holdings that are not necessary to

satisfy existing or known and verified planned programs;

(c) Ensure that the amount of office space used by each employee

of the agency, or others using agency-controlled space, is held to

the minimum necessary to accomplish the task that must be

performed;

(d) Manage the furniture, equipment, decoration, drapes,

carpeting, plants and other accoutrements so that the use of all

furnishings by the agency reflects a judicious employment of public

moneys;

(e) Consider, in making decisions concerning the use,

acquisition, or disposal of work space and related furnishings, the

effects of its actions on costs incurred by other Federal agencies;

(f) Report all vacant work space retained for future Federal uses

to the Administrator of General Services so that it may be made

available for the temporary use of other Federal agencies, to the

extent consistent with national defense requirements;

(g) Establish a work space management plan to meet the provisions

of this Order, including specification of the goals to be achieved

and actions to be taken by the agency in order to improve its

utilization of all work space and related furnishings; and

(h) Establish information systems, implement inventory controls

and conduct surveys, in accordance with procedures established by

the Administrator of General Services, so that a government-wide

reporting system may be developed.

Sec. 2. The Administrator of General Services is delegated

authority, to the extent not prohibited by other laws, to conduct

surveys, establish agency-wide objectives for work space use for

each Executive agency, and establish procedures, guidelines and

regulations to be followed by the agencies in developing the work

space planning, information and reporting systems required by this

Order.

Ronald Reagan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3306 of this title; title

22 section 3712a.

-End-

-CITE-

40 USC Sec. 585 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 585. Lease agreements

-STATUTE-

(a) In General. -

(1) Authority. - The Administrator of General Services may

enter into a lease agreement with a person, copartnership,

corporation, or other public or private entity for the

accommodation of a federal agency in a building (or improvement)

which is in existence or being erected by the lessor to

accommodate the federal agency. The Administrator may assign and

reassign the leased space to a federal agency.

(2) Terms. - A lease agreement under this subsection shall be

on terms the Administrator considers to be in the interest of the

Federal Government and necessary for the accommodation of the

federal agency. However, the lease agreement may not bind the

Government for more than 20 years and the obligation of amounts

for a lease under this subsection is limited to the current

fiscal year for which payments are due without regard to section

1341(a)(1)(B) of title 31.

(b) Sublease. -

(1) Application. - This subsection applies to rent received if

the Administrator -

(A) determines that an unexpired portion of a lease of space

to the Government is surplus property; and

(B) disposes of the property by sublease.

(2) Use of rent. - Notwithstanding section 571(a) of this

title, the Administrator may deposit rent received into the

Federal Buildings Fund. The Administrator may defray from the

fund any costs necessary to provide services to the Government's

lessee and to pay the rent (not otherwise provided for) on the

lease of the space to the Government.

(c) Amounts for Rent Available for Lease of Buildings on

Government Land. - Amounts made available to the General Services

Administration for the payment of rent may be used to lease space,

for a period of not more than 30 years, in buildings erected on

land owned by the Government.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1112.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

585(a) 40:490(h)(1). June 30, 1949, ch. 288,

title II, Sec. 210(h)(1), as

added Pub. L. 85-493, Sec.

1, July 2, 1958, 72 Stat.

294; Pub. L. 86-249, Sec.

12(e), formerly Sec. 12(d),

Sept. 9, 1959, 73 Stat. 482;

redesignated Sec. 12(e),

Pub. L. 94-541, title I,

Sec. 103(3) (related to Sec.

12(e)), Oct. 18, 1976, 90

Stat. 2506.

40:490e. Pub. L. 101-136, title IV,

Sec. 22, Nov. 3, 1989, 103

Stat. 807.

585(b) 40:490(h)(2). June 30, 1949, ch. 288,

title II, Sec. 210(h)(2), as

added Pub. L. 85-493, Sec.

1, July 2, 1958, 72 Stat.

294.

585(c) 40:490d. Pub. L. 101-136, title IV,

Sec. 5, Nov. 3, 1989, 103

Stat. 802.

--------------------------------------------------------------------

In subsection (b)(2), the words "Federal Buildings Fund" are

substituted for "buildings management fund" because the fund

established under 40:490(f)(1) is the Federal Buildings Fund and

unexpended balances in the Buildings Management Fund were merged

into the Federal Buildings Fund under 40:490(f)(3).

LEASE OF BUILDING SPACE BY WHOLLY OWNED GOVERNMENT CORPORATIONS

Act July 30, 1947, ch. 358, title III, Sec. 306, 61 Stat. 584,

provided in part that: "Wholly owned Government corporations

requiring space in office buildings at the seat of government shall

occupy only such space as may be allotted in accordance with the

provisions of such Act of March 1, 1919, as amended [ch. 86, Sec.

10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such

rental thereon as may be determined by the Federal Works

Administrator [Administrator of General Services], such rental to

include all cost of maintenance, upkeep, and repair."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3310 of this title; title

22 section 3712a.

-End-

-CITE-

40 USC Sec. 586 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 586. Charges for space and services

-STATUTE-

(a) Definition. - In this section, "space and services" means

space, services, quarters, maintenance, repair, and other

facilities.

(b) Charges by Administrator of General Services. -

(1) In general. - The Administrator of General Services shall

impose a charge for furnishing space and services.

(2) Rates. - The Administrator shall, from time to time,

determine the rates to be charged for furnishing space and

services and shall prescribe regulations providing for the rates.

The rates shall approximate commercial charges for comparable

space and services. However, for a building for which the

Administrator is responsible for alterations only (as the term

"alter" is defined in section 3301(a) of this title), the rates

shall be fixed to recover only the approximate cost incurred in

providing alterations.

(3) Exemptions. - The Administrator may exempt anyone from the

charges required by this subsection when the Administrator

determines that charges would be infeasible or impractical. To

the extent an exemption is granted, appropriations to the General

Services Administration are authorized to reimburse the Federal

Buildings Fund for any loss of revenue.

(c) Charges by Executive Agencies. -

(1) In general. - An executive agency, other than the

Administration, may impose a charge for furnishing space and

services at rates approved by the Administrator.

(2) Crediting amounts received. - An amount an executive agency

receives under this subsection shall be credited to the

appropriation or fund initially charged for providing the space

or service. However, amounts in excess of actual operating and

maintenance costs shall be credited to miscellaneous receipts

unless otherwise provided by law.

(d) Rent Payments for Lease Space. - An agency may make rent

payments to the Administration for lease space relating to

expansion needs of the agency. Payment rates shall approximate

commercial charges for comparable space as provided in subsection

(b). Payments shall be deposited into the Federal Buildings Fund.

The Administration may use amounts received under this subsection,

in addition to amounts received as New Obligational Authority, in

the Rental of Space activity of the Fund.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1113.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

586(a), (b) 40:490(j). June 30, 1949, ch. 288,

title II, Sec. 210(j), (k),

as added Pub. L. 92-313,

Sec. 4, June 16, 1972, 86

Stat. 219.

586(c) 40:490(k).

586(d) 40:490f. Pub. L. 102-393, title IV,

Sec. 5, Oct. 6, 1992, 106

Stat. 1750.

--------------------------------------------------------------------

In subsection (b)(3), the words "Federal Buildings Fund" are

substituted for "the fund" for clarity and to execute the probable

intent of Congress. Sections 3 and 4 of the Public Buildings

Amendments of 1972 (Public Law 92-313, 86 Stat. 218) added

subsection (j) of 40:490 (in which the words "the fund" appear) and

amended subsection (f) to create a fund into which "charges made

pursuant to subsection (j)" are deposited (40:490(f)(1)(A)). That

fund was subsequently named "Federal Buildings Fund" by section

153(1) of the Energy Policy Act of 1992 (Public Law 102-486, 106

Stat. 2851). If an exemption from charges is granted under

40:490(j), "the fund" that suffers the loss of revenue is the

Federal Buildings Fund.

In subsection (d), the words "on and after October 6, 1992" are

omitted as obsolete. The words "subsection (b)" are substituted for

"section 201(j) of the Federal Property and Administrative Services

Act of 1949, as amended (40 U.S.C. 490(j))" in section 5(a) of the

Independent Agencies Appropriations Act, 1993, to reflect the

probable intent of Congress. Section 201 of the Federal Property

and Administrative Services Act of 1949 does not contain a

subsection (j) and the intended reference was probably "section

210(j)", which is restated in this section. The text of 40:490f(b)

is omitted as executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 592 of this title; title

20 section 80q-5; title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 587 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 587. Telecommuting and other alternative workplace

arrangements

-STATUTE-

(a) Definition. - In this section, the term "telecommuting

centers" means flexiplace work telecommuting centers.

(b) Telecommuting Centers Established by Administrator of General

Services. -

(1) Establishment. - The Administrator of General Services may

acquire space for, establish, and equip telecommuting centers for

use in accordance with this subsection.

(2) Use. - A telecommuting center may be used by employees of

federal agencies, state and local governments, and the private

sector. The Administrator shall give federal employees priority

in using a telecommuting center. The Administrator may make a

telecommuting center available for use by others to the extent it

is not fully utilized by federal employees.

(3) User fees. - The Administrator shall charge a user fee for

the use of a telecommuting center. The amount of the user fee

shall approximate commercial charges for comparable space and

services. However, the user fee may not be less than necessary to

pay the cost of establishing and operating the telecommuting

center, including the reasonable cost of renovation and

replacement of furniture, fixtures, and equipment.

(4) Deposit and use of fees. - The Administrator may -

(A) deposit user fees into the Federal Buildings Fund and use

the fees to pay costs incurred in establishing and operating

the telecommuting center; and

(B) accept and retain income received by the General Services

Administration, from federal agencies and non-federal sources,

to defray costs directly associated with the functions of

telecommuting centers.

(c) Development of Alternative Workplace Arrangements by

Executive Agencies and Others. -

(1) Definition. - In this subsection, the term "alternative

workplace arrangements" includes telecommuting, hoteling, virtual

offices, and other distributive work arrangements.

(2) Consideration by executive agencies. - In considering

whether to acquire space, quarters, buildings, or other

facilities for use by employees, the head of an executive agency

shall consider whether needs can be met using alternative

workplace arrangements.

(3) Guidance from administrator. - The Administrator may

provide guidance, assistance, and oversight to any person

regarding the establishment and operation of alternative

workplace arrangements.

(d) Amounts Available for Flexiplace Work Telecommuting Programs.

-

(1) Definition. - In this subsection, the term "flexiplace work

telecommuting program" means a program under which employees of a

department or agency set out in paragraph (2) are permitted to

perform all or a portion of their duties at a telecommuting

center established under this section or other federal law.

(2) Minimum funding. - For each of the following departments

and agencies, in each fiscal year at least $50,000 of amounts

made available for salaries and expenses is available only for

carrying out a flexiplace work telecommuting program:

(A) Department of Agriculture.

(B) Department of Commerce.

(C) Department of Defense.

(D) Department of Education.

(E) Department of Energy.

(F) Department of Health and Human Services.

(G) Department of Housing and Urban Development.

(H) Department of the Interior.

(I) Department of Justice.

(J) Department of Labor.

(K) Department of State.

(L) Department of Transportation.

(M) Department of the Treasury.

(N) Department of Veterans Affairs.

(O) Environmental Protection Agency.

(P) General Services Administration.

(Q) Office of Personnel Management.

(R) Small Business Administration.

(S) Social Security Administration.

(T) United States Postal Service.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1113.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

587(a), 40:490(l)(1)-(3). June 30, 1949, ch. 288,

(b)(1)- title II, Sec. 210(l), as

(4)(A) added Pub. L. 104-208, div.

A, title I, Sec. 101(f)

[title IV, Sec. 407(a)],

Sept. 30, 1996, 110 Stat.

3009-337.

587(b)(4)( 40:490h. Pub. L. 104-52, title IV,

B) Sec. 5, Nov. 19, 1995, 109

Stat. 486.

587(c)(1) 40:490(l)(4) (words

after 3d comma).

587(c)(2) 40:490(l)(5).

587(c)(3) 40:490(l)(4) (words

before 3d comma).

587(d) 40:490 note. Pub. L. 105-277, div A, Sec.

101(h) [title VI, Sec. 630],

Oct. 21, 1998, 112 Stat.

2681-522.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 588 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 588. Movement and supply of office furniture

-STATUTE-

(a) Definition. - In this section, the term "controlled space"

means a substantial and identifiable segment of space (such as a

building, floor, or wing) in a location that the Administrator of

General Services controls for purposes of assignment of space.

(b) Application. - This section applies if an agency (or unit of

the agency), moves from one controlled space to another, whether in

the same or a different location.

(c) Moving Existing Furniture. - The furniture and furnishings

used by an agency (or organizational unit of the agency) shall be

moved only if the Administrator determines, after consultation with

the head of the agency and with due regard for the program

activities of the agency, that it would not be more economical and

efficient to make suitable replacements available in the new

controlled space.

(d) Providing Replacement Furniture. - In the absence of a

determination under subsection (c), suitable furniture and

furnishings for the new controlled space shall be provided from

stocks under the control of the moving agency or from stocks

available to the Administrator, whichever the Administrator

determines to be more economical and efficient. However, the same

or similar items may not be provided from both sources.

(e) Control of Replacement Furniture. - If furniture and

furnishings for a new controlled space are provided from stocks

available to the Administrator, the items being provided remain in

the control of the Administrator.

(f) Control of Furniture Not Moved. -

(1) In general. - If furniture and furnishings for a new

controlled space are provided from stocks available to the

Administrator, the furniture and furnishings that were previously

used by the moving agency (or unit of the agency) pass to the

control of the Administrator.

(2) Reimbursement. -

(A) In general. - Furniture and furnishings passing to the

control of the Administrator under this section pass without

reimbursement.

(B) Exception for trust fund. - If furniture and furnishings

that were purchased from a trust fund pass to the control of

the Administrator under this section, the Administrator shall

reimburse the trust fund for the fair market value of the

furniture and furnishings.

(3) Revolving or working capital fund. - If furniture and

furnishings are carried as assets of a revolving or working

capital fund at the time they pass to the control of the

Administrator under this section, the net book value of the

furniture and furnishings shall be written off and the capital of

the fund is diminished by the amount of the write-off.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1115.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

588 40:490(g). June 30, 1949, ch. 288,

title II, Sec. 210(g), as

added Sept. 1, 1954, ch.

1211, Sec. 3, 68 Stat. 1129.

--------------------------------------------------------------------

In subsection (f)(2), the reimbursement requirement in 40:490(g)

(last sentence) is set out as an exception to a general "without

reimbursement" rule in 40:490(g) (3d sentence) to harmonize an

inconsistency in the source law.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 589 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 589. Installation, repair, and replacement of sidewalks

-STATUTE-

(a) In General. - An executive agency may install, repair, and

replace sidewalks around buildings, installations, property, or

grounds that are -

(1) under the agency's control;

(2) owned by the Federal Government; and

(3) located in a State, the District of Columbia, Puerto Rico,

or a territory or possession of the United States.

(b) Reimbursement. - Subsection (a) may be carried out by -

(1) reimbursement to a State or political subdivision of a

State, the District of Columbia, Puerto Rico, or a territory or

possession of the United States; or

(2) a means other than reimbursement.

(c) Regulations. - Subsection (a) shall be carried out in

accordance with regulations the Administrator of General Services

prescribes with the approval of the Director of the Office of

Management and Budget.

(d) Use of Amounts. - Amounts appropriated to an executive agency

for installation, repair, and maintenance, generally, are available

to carry out this section.

(e) Liability. - This section does not increase or enlarge the

tort liability of the Government for injuries to individuals or

damages to property.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1116.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

589 40:490(i). June 30, 1949, ch. 288,

title II, Sec. 210(i), as

added Pub. L. 89-344, Nov.

8, 1965, 79 Stat. 1304.

--------------------------------------------------------------------

In subsections (a) and (b), the words "territory or" are added

for consistency in the revised title and with other titles of the

United States Code.

In subsection (c), the words "Director of the Office of

Management and Budget" are substituted for "Director of the Bureau

of the Budget" in section 210(i) of the Federal Property and

Administrative Services Act of 1949 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 Reorganization

Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102

of Reorganization Plan No. 2 of 1970, was repealed by section 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 provision, 31:502, continued the

designation as Director of the Office of Management and Budget.

In subsection (e), the words "beyond such liability presently

existing by virtue of any other law" are omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 3712a.

-End-

-CITE-

40 USC Sec. 590 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 590. Child care

-STATUTE-

(a) Guidance, Assistance, and Oversight. - Through the General

Services Administration's licensing agreements, the Administrator

of General Services shall provide guidance, assistance, and

oversight to federal agencies for the development of child care

centers to provide economical and effective child care for federal

workers.

(b) Allotment of Space in Federal Buildings. -

(1) Definitions. - In this subsection, the following

definitions apply:

(A) Child care provider. - The term "child care provider"

means an individual or entity that provides or proposes to

provide child care services for federal employees.

(B) Allotment officer. - The term "allotment officer" means

an officer or agency of the Federal Government charged with the

allotment of space in federal buildings.

(2) Allotment. - A child care provider may be allotted space in

a federal building by an allotment officer if -

(A) the child care provider applies to the allotment officer

in the community or district in which child care services are

to be provided;

(B) the space is available; and

(C) the allotment officer determines that -

(i) the space will be used to provide child care services

to children of whom at least 50 percent have one parent or

guardian employed by the Government; and

(ii) the child care provider will give priority to federal

employees for available child care services in the space.

(c) Payment for Space and Services. -

(1) Definition. - For purposes of this subsection, the term

"services" includes the providing of lighting, heating, cooling,

electricity, office furniture, office machines and equipment,

classroom furnishings and equipment, kitchen appliances,

playground equipment, telephone service (including installation

of lines and equipment and other expenses associated with

telephone services), and security systems (including installation

and other expenses associated with security systems), including

replacement equipment, as needed.

(2) No charge. - Space allotted under subsection (b) may be

provided without charge for rent or services.

(3) Reimbursement for costs. - For space allotted under

subsection (b), if there is an agreement for the payment of costs

associated with providing space or services, neither title 31,

nor any other law, prohibits or restricts payment by

reimbursement to the miscellaneous receipts or other appropriate

account of the Treasury.

(d) Payment of Other Costs. - If an agency has a child care

facility in its space, or is a sponsoring agency for a child care

facility in other federal or leased space, the agency or the

Administration may -

(1) pay accreditation fees, including renewal fees, for the

child care facility to be accredited by a nationally recognized

early-childhood professional organization;

(2) pay travel and per diem expenses for representatives of the

child care facility to attend the annual Administration child

care conference; and

(3) enter into a consortium with one or more private entities

under which the private entities assist in defraying costs

associated with the salaries and benefits for personnel providing

services at the facility.

(e) Reimbursement for Employee Training. - Notwithstanding

section 1345 of title 31, an agency, department, or instrumentality

of the Government that provides or proposes to provide child care

services for federal employees may reimburse a federal employee or

any individual employed to provide child care services for travel,

transportation, and subsistence expenses incurred for training

classes, conferences, or other meetings in connection with

providing the services. A per diem allowance made under this

subsection may not exceed the rate specified in regulations

prescribed under section 5707 of title 5.

(f) Criminal History Background Checks. -

(1) Definition. - In this subsection, the term "executive

facility" means a facility owned or leased by an office or entity

within the executive branch of the Government. The term includes

a facility owned or leased by the General Services Administration

on behalf of an office or entity within the judicial branch of

the Government.

(2) In general. - All workers in a child care center located in

an executive facility shall undergo a criminal history background

check as defined in section 231 of the Crime Control Act of 1990

(42 U.S.C. 13041).

(3) Nonapplication to legislative branch facilities. - This

subsection does not apply to a facility owned by or leased on

behalf of an office or entity within the legislative branch of

the Government.

(g) Appropriated Amounts for Affordable Child Care. -

(1) Definition. - For purposes of this subsection, the term

"Executive agency" has the meaning given that term in section 105

of title 5, but does not include the General Accounting Office.

(2) In general. - In accordance with regulations the Office of

Personnel Management prescribes, an Executive agency that

provides or proposes to provide child care services for federal

employees may use appropriated amounts that are otherwise

available for salaries and expenses to provide child care in a

federal or leased facility, or through contract, for civilian

employees of the agency.

(3) Affordability. - Amounts used pursuant to paragraph (2)

shall be applied to improve the affordability of child care for

lower income federal employees using or seeking to use the child

care services.

(4) Advances. - Notwithstanding section 3324 of title 31,

amounts may be paid in advance to licensed or regulated child

care providers for services to be rendered during an agreed

period.

(5) Notification. - No amounts made available by law may be

used to implement this subsection without advance notice to the

Committees on Appropriations of the House of Representatives and

the Senate.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1116.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

590(a) 40:490b(c). Pub. L. 100-202, Sec. 101(m)

[title VI, Sec. 616(a)-(d)],

Dec. 22, 1987, 101 Stat.

1329-423; Pub. L. 102-393,

title V, Sec. 528, Oct. 6,

1992, 106 Stat. 1760.

590(b) 40:490b(a).

590(c) 40:490b(b)(1), (2),

(4).

590(d) 40:490b(b)(3).

40:490b(d).

590(e) 40:490b note. Pub. L. 105-277, div. A,

Sec. 101(h) [title VI, Sec.

603], Oct. 21, 1998, 112

Stat. 2681-513.

590(f) 40:490b(e). Pub. L. 100-202, Sec. 101(m)

[title VI, Sec. 616(e)], as

added Pub. L. 106-554, Sec.

1[(]a)(3) [title VI, Sec.

643], Dec. 21, 2000, 114

Stat. 2763A-169.

590(g) 40:490b-1. Pub. L. 107-67, title VI,

Sec. 630, Nov. 12, 2001, 115

Stat. 552.

--------------------------------------------------------------------

In subsection (a), the word "provide" is substituted for "promote

the provision of" to eliminate unnecessary words.

In subsection (f)(2), the word "workers" is substituted for

"existing and newly hired workers" to eliminate unnecessary words.

In subsection (g)(2), the word "hereafter" is omitted as

unnecessary.

In subsection (g)(4), the words "as appropriate" are omitted as

unnecessary.

In subsection (g)(5), the words "in this or any other Act" are

omitted as unnecessary. The words "of the House of Representatives

and the Senate" are added for consistency in the revised title.

-End-

-CITE-

40 USC Sec. 591 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 591. Purchase of electricity

-STATUTE-

(a) General Limitation on Use of Amounts. - A department, agency,

or instrumentality of the Federal Government may not use amounts

appropriated or made available by any law to purchase electricity

in a manner inconsistent with state law governing the provision of

electric utility service, including -

(1) state utility commission rulings; and

(2) electric utility franchises or service territories

established under state statute, state regulation, or

state-approved territorial agreements.

(b) Exceptions. -

(1) Energy savings. - This section does not preclude the head

of a federal agency from entering into a contract under section

801 of the National Energy Conservation Policy Act (42 U.S.C.

8287).

(2) Energy savings for military installations. - This section

does not preclude the Secretary of a military department from -

(A) entering into a contract under section 2394 of title 10;

or

(B) purchasing electricity from any provider if the Secretary

finds that the utility having the applicable state-approved

franchise (or other service authorization) is unwilling or

unable to meet unusual standards of service reliability that

are necessary for purposes of national defense.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1118.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

591 40:490 note. Pub. L. 100-202, Sec. 101(b)

[title VIII, Sec. 8093],

Dec. 22, 1987, 101 Stat.

1329-79.

--------------------------------------------------------------------

In subsection (b)(1), the words "section 801 of the National

Energy Conservation Policy Act (42 U.S.C. 8287)" are substituted

for "42 U.S.C. 8287" in section 8093 of the Department of Defense

Appropriations Act, 1988 as the probable intent of Congress.

-End-

-CITE-

40 USC Sec. 592 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 592. Federal Buildings Fund

-STATUTE-

(a) Existence. - There is in the Treasury a fund known as the

Federal Buildings Fund.

(b) Deposits. -

(1) In general. - The following revenues and collections shall

be deposited into the Fund:

(A) User charges under section 586(b) of this title, payable

in advance or otherwise.

(B) Proceeds from the lease of federal building sites or

additions under section 581(d) of this title.

(C) Receipts from carriers and others for loss of, or damage

to, property belonging to the Fund.

(2) Reimbursements for special services. - This subchapter does

not preclude the Administrator of General Services from providing

special services, not included in the standard level user charge,

on a reimbursable basis. The reimbursements may be credited to

the Fund.

(3) Transfer of surplus amounts. - To prevent the accumulation

of excessive surpluses in the Fund, in any fiscal year an amount

specified in an appropriation law may be transferred out of the

Fund and deposited as miscellaneous receipts in the Treasury.

(c) Uses. -

(1) In general. - Deposits in the Fund are available for real

property management and related activities in the amounts

specified in annual appropriation laws without regard to fiscal

year limitations.

(2) Salaries and expenses related to construction projects or

planning programs. - Deposits in the Fund that are available

pursuant to annual appropriation laws may be transferred and

consolidated on the books of the Treasury into a special account

in accordance with, and for the purposes specified in, section

3176 of this title.

(3) Repayment of general services administration borrowing from

federal financing bank. - The Administrator, in accordance with

rules and procedures that the Office of Management and Budget and

the Secretary of the Treasury establish, may transfer from the

Fund an amount necessary to repay the principal amount of a

General Services Administration borrowing from the Federal

Financing Bank, if the borrowing is a legal obligation of the

Fund.

(4) Buildings deemed federally owned. - For purposes of amounts

authorized to be expended from the Fund, the following are deemed

to be federally owned buildings:

(A) A building constructed pursuant to the purchase contract

authority of section 5 of the Public Buildings Amendments of

1972 (Public Law 92-313, 86 Stat. 219).

(B) A building occupied pursuant to an installment purchase

contract.

(C) A building under the control of a department or agency,

if alterations of the building are required in connection with

moving the department or agency from a former building that is,

or will be, under the control of the Administration.

(d) Energy Management Programs. -

(1) Receiving cash incentives. - The Administrator may receive

amounts from rebates or other cash incentives related to energy

savings and shall deposit the amounts in the Fund for use as

provided in paragraph (4).

(2) Receiving goods or services. - The Administrator may

accept, from a utility, goods or services that enhance the energy

efficiency of federal facilities.

(3) Assignment of energy rebates. - In the administration of

real property that the Administrator leases and for which the

Administrator pays utility costs, the Administrator may assign

all or a portion of energy rebates to the lessor to underwrite

the costs incurred in undertaking energy efficiency improvements

in the real property if the payback period for the improvement is

at least 2 years less than the remainder of the term of the

lease.

(4) Obligating amounts for energy management improvement

programs. - In addition to amounts appropriated for energy

management improvement programs and without regard to subsection

(c)(1), the Administrator may obligate for those programs -

(A) amounts received and deposited in the Fund under

paragraph (1);

(B) goods and services received under paragraph (2); and

(C) amounts the Administrator determines are not needed for

other authorized projects and that are otherwise available to

implement energy efficiency programs.

(e) Recycling Programs. -

(1) Receiving amounts. - The Administrator may receive amounts

from the sale of recycled materials and shall deposit the amounts

in the Fund for use as provided in paragraph (2).

(2) Obligating amounts for recycling programs. - In addition to

amounts appropriated for such purposes and without regard to

subsection (c)(1), the Administrator may obligate amounts

received and deposited in the Fund under paragraph (1) for

programs which -

(A) promote further source reduction and recycling programs;

and

(B) encourage employees to participate in recycling programs

by providing financing for child care.

(f) Additional Authority Related to Energy Management and

Recycling Programs. - The Fund may receive, in the form of rebates,

cash incentives or otherwise, any revenues, collections, or other

income related to energy savings or recycling efforts. Amounts

received under this subsection remain in the Fund until expended

and remain available for federal energy management improvement

programs, recycling programs, or employee programs that are

authorized by law or that the Administrator considers appropriate.

The Administration may use amounts received under this subsection,

in addition to amounts received as New Obligational Authority, in

activities of the Fund as necessary.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1118.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

592(a) 40:490(f)(1) June 30, 1949, ch. 288,

(related to title II, Sec. 210(f), as

establishment), added July 12, 1952, ch.

(3), (4). 703, Sec. 1(l), 66 Stat.

594; Pub. L. 85-886, Sec. 3,

Sept. 2, 1958, 72 Stat.

1709; Pub. L. 92-313, Sec.

3, June 16, 1972, 86 Stat.

218; Pub. L. 102-486, title

I, Sec. 153, Oct. 24, 1992,

106 Stat. 2851.

592(b)(1) 40:490(f)(1)

(related to

deposits).

592(b)(2) 40:490(f)(6).

592(b)(3) 40:490(f)(5).

592(c)(1) 40:490(f)(2).

592(c)(2) 40:490a. Pub. L. 94-91, title IV,

Sec. 401, Aug. 9, 1975, 89

Stat. 452.

592(c)(3) 40:490a-1. Pub. L. 101-136, title IV,

Sec. 7, Nov. 3, 1989, 103

Stat. 803.

592(c)(4) 40:490i. Pub. L. 105-277, div. A,

Sec. 101(h) [title IV, 6th

proviso on p. 2681-502],

Oct. 21, 1998, 112 Stat.

2681-502.

592(d) 40:490(f)(7).

592(e) 40:490(f)(8).

592(f) 40:490g. Pub. L. 102-393, title IV,

Sec. 13, Oct. 6, 1992, 106

Stat. 1751.

--------------------------------------------------------------------

In subsection (a), the words "on such date as may be determined

by the Administrator" are omitted as obsolete. The text of

40:490(f)(3) and (4) is omitted as executed.

In subsection (b)(1)(B), the words "federal building sites or

additions" are substituted for "building sites" for consistency

with section 581(d) of the revised title.

In subsection (b)(3), the words "To prevent the accumulation of

excessive surpluses in the Fund" and "transferred out of the Fund"

are added for clarity. See House Report No. 92-989, dated April 14,

1972 (United States Code Congressional and Administrative News, 92d

Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377).

In subsection (c)(4), the words "amounts authorized to be

expended from the Fund" are substituted for "this authorization,

and hereafter" to restate the provision as general and permanent

law without reference to a single year's appropriation Act.

In subsection (f), the words "during a fiscal year" are omitted

as unnecessary.

-REFTEXT-

REFERENCES IN TEXT

Section 5 of the Public Buildings Amendments of 1972, referred to

in subsec. (c)(4)(A), is section 5 of Pub. L. 92-313, June 16,

1972, 86 Stat. 219, as amended, which enacted section 602a of

former Title 40, Public Buildings, Property, and Works, and was

omitted from the Code in the revision and reenactment of Title 40

by Pub. L. 107-217, Sec. 1, Aug. 21, 2002, 116 Stat. 1062.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 593, 6701 of this title;

title 6 section 232; title 20 sections 80q-5, 80q-6; title 22

section 3712a.

-End-

-CITE-

40 USC Sec. 593 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

-HEAD-

Sec. 593. Protection for veterans preference employees

-STATUTE-

(a) Definitions. - In this section, the following definitions

apply:

(1) Covered services. - The term "covered services" means any

guard, elevator operator, messenger, or custodial services.

(2) Sheltered workshop. - The term "sheltered workshop" means a

sheltered workshop employing the severely handicapped under the

Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).

(b) In General. - Except as provided in subsection (c), amounts

made available to the Administration pursuant to section 592 of

this title may not be obligated or expended to procure covered

services by contract if an employee who was a permanent veterans

preference employee of the Administration on November 19, 1995,

would be terminated as a result.

(c) Exception. - Amounts made available to the Administration

pursuant to section 592 of this title may be obligated and expended

to procure covered services by contract with a sheltered workshop

or, if sheltered workshops decline to contract for the provision of

covered services, by competitive contract for a period of no longer

than 5 years. When a competitive contract expires, or is terminated

for any reason, the Administration shall again offer to procure the

covered services by contract with a sheltered workshop before

procuring the covered services by competitive contract.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1120.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

593 40:490c. Pub. L. 104-52, title V,

Sec. 503, Nov. 19, 1995, 109

Stat. 491.

--------------------------------------------------------------------

-REFTEXT-

REFERENCES IN TEXT

The Javits-Wagner-O'Day Act, referred to in subsec. (a)(2), is

act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is

classified to sections 46 to 48c of Title 41, Public Contracts. For

complete classification of this Act to the Code, see Tables.

-End-

-CITE-

40 USC SUBCHAPTER VI - MOTOR VEHICLE POOLS AND

TRANSPORTATION SYSTEMS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-End-

-CITE-

40 USC Sec. 601 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 601. Purposes

-STATUTE-

In order to provide an economical and efficient system for

transportation of Federal Government personnel and property

consistent with section 101 of this title, the purposes of this

subchapter are -

(1) to establish procedures to ensure safe operation of motor

vehicles on Government business;

(2) to provide for proper identification of Government motor

vehicles;

(3) to establish an effective means to limit the use of

Government motor vehicles to official purposes;

(4) to reduce the number of Government-owned vehicles to the

minimum necessary to transact public business; and

(5) to provide wherever practicable for centrally operated

interagency pools or systems for local transportation of

Government personnel and property.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1121.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

601 40:491(a). June 30, 1949, ch. 288,

title II, Sec. 211(a), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1126.

--------------------------------------------------------------------

-EXEC-

EX. ORD. NO. 10579. INTERAGENCY MOTOR-VEHICLE POOLS AND SYSTEMS

Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided:

Section 1. Purpose and general policy. (a) The purpose of these

regulations is to establish policies and procedures under which

interagency motor-vehicle pools or systems may be established,

operated, curtailed, or discontinued.

(b) The Administrator of General Services (hereinafter referred

to as the Administrator) shall establish and provide for the

operation of interagency motor-vehicle pools and systems for the

purpose of providing more efficient or economical transportation of

Government personnel and property within specific areas by motor

vehicles or local transit systems. Pools or systems based in whole

or in part upon use of privately-owned vehicles and facilities

shall be preferred to Government ownership of vehicles and

facilities to the extent that it is feasible to provide required

motor-vehicle services of satisfactory quality and cost from

commercial or other private sources.

Sec. 2. Conduct of studies to determine advisability of

establishing motor-vehicle pools or systems. (a) The Administrator

shall select areas in which studies are to be conducted to

determine the advisability of establishing motor-vehicle pools or

systems. Before initiating any such study, he shall give at least

thirty days notice to the head of each executive agency (as defined

in section 3(a) of the Act [now 40 U.S.C. 102(4)]). The notice

shall include a statement of the approximate geographic area to be

studied and the date on which the study will begin.

(b) The head of each executive agency receiving notice that such

a study is to be made shall provide information which is required

or pertinent. He shall also designate one or more officials in the

field with whom members of a staff assigned by the General Services

Administration may consult. Such designated officials shall provide

such assigned staff with needed information and assistance,

including reasonable opportunities to observe motor-vehicle

operations and facilities and to examine pertinent cost and other

records.

Sec. 3. Determination to establish an interagency motor-vehicle

pool or system. (a) If the Administrator determines, with due

regard to the program activities of the agencies concerned, and on

the basis of a study made in accordance with section 2 hereof, that

an interagency motor-vehicle pool or system should be established,

he shall be responsible for preparing a formal determination to

that effect. Such determination shall include:

(1) A description of the proposed operation, including a

statement of the types of service and of the geographic area, and

the agencies or parts of agencies to be served.

(2) The name of the executive agency designated to be responsible

for operating the pool or system, and the reasons for such

designation.

(3) A statement indicating the motor vehicles and related

equipment and supplies to be transferred and the amount of

reimbursement, if any, to be made therefor.

(b) Each determination shall be accompanied by an analytical

justification which shall include a comparison of estimated costs

of the present and proposed methods of operation and a showing of

the estimated savings to be realized through the establishment of

the proposed pool or system. The justification shall also describe

the alternatives considered in making the determination, and shall

include a statement concerning the availability of privately-owned

facilities and equipment, and the feasibility and estimated cost

(immediate and long-term) of using such facilities and equipment.

(c) The Administrator shall send a copy of each determination to

each executive agency affected and to the Director of the Bureau of

the Budget [now the Director of the Office of Management and

Budget] (hereinafter referred to as the Director).

Sec. 4. Transfers of records, facilities, personnel, and

appropriations. Whenever the Administrator prepares a determination

as set forth in section 3 of these regulations, he shall also

prepare and present to the Director a schedule of the proposed

transfer of such records, facilities, personnel, and appropriations

as relate primarily to the functions which are to be transferred to

the interagency motor-vehicle pool or system. A copy of such

schedule shall be sent by the Administrator to each executive

agency affected. The Director shall determine the records,

facilities, personnel, and appropriations to be transferred.

Sec. 5. Taking effect of determinations. Unless a greater time is

allowed therein, any determination made by the Administrator shall

become binding on all affected executive agencies forty-five days

after the issuance thereof except with respect to any agency which

appeals, or requests an exemption, from any such determination in

accordance with section 6 of these regulations.

Sec. 6. Review of determinations not agreed to by agencies

affected. (a) Any executive agency may appeal or request exemption

from any or all proposals affecting it which are contained in a

determination. Appeals shall be submitted in writing to the

Director with a copy to the Administrator within forty-five days

from the date of the determination. Such appeals shall be

accompanied by factual and objective supporting data and

justification.

(b) The Director shall review any determination from which an

executive agency has appealed and shall make a final decision on

such appeal. The Director shall make such decisions, within

seventy-five days after he receives the appeal or as soon

thereafter as practicable, on the basis of information contained in

the Administrator's determination, the executive agencies' appeals

therefrom, and any supplementary data submitted by the

Administrator and the contesting agencies. The Director shall send

copies of decisions to the Administrator and to the heads of other

executive agencies concerned.

(c) The Director's decision upon each such appeal, if it holds

that the determination shall apply in whole or in part to the

appealing agency, shall state the extent to which the determination

applies and the effective date of its application. To the extent

that the Director's decision on an appeal does not uphold the

Administrator's determination, such determination shall be of no

force and effect.

Sec. 7. Compliance with determinations and decisions on appeals.

(a) When a determination or a decision on an appeal made in

accordance with these regulations has become effective, each

executive agency affected shall comply therewith.

(b) The Director shall take such actions as he deems appropriate

to assist in securing compliance with determinations which have

become effective. In the exercise of this authority to establish

reserves in apportioning appropriations and funds, the Director

shall take account of such savings as accrue from the establishment

of inter-agency motor-vehicle pools and systems.

(c) The executive agency which operates any pool or system

established hereunder shall maintain accurate records of the cost

of establishment, maintenance, and operation of any interagency

motor-vehicle pool or system established pursuant to these

regulations.

(d) The Administrator shall be responsible for maintaining

adequate reviews and controls of the economy and efficiency of all

pools or systems established in accordance with these regulations,

including those not directly operated by the General Services

Administration.

Sec. 8. Discontinuance or curtailment of service. (a) If, during

any reasonable period, not exceeding two successive fiscal years,

no actual savings are realized from the operation of any pool or

system established hereunder, the Administrator shall discontinue

the pool or system concerned.

(b) The Administrator may discontinue or curtail a motor-vehicle

pool or system when he determines that it is not the most

economical method of rendering required motor-vehicle service; but

he shall give at least sixty days notice of such intention to

executive agencies affected and to the Director before taking such

action.

(c) Executive agencies affected by a pool or system for which the

Administrator is responsible (including inter-agency pools or

systems operated by another executive agency designated by the

Administrator) may bring problems of service and cost to the

attention of the Administrator, who shall assure that such problems

receive proper attention.

(d) Executive agencies receiving motor-vehicle services from an

interagency motor-vehicle pool or system under these regulations

may request discontinuance or curtailment of their participation in

such pool or system after at least one year of participation or in

the event that the need for the services from the pool or system

ceases. Such requests shall be submitted to the Administrator with

pertinent factual justification.

(e) If the Administrator does not agree with such request and is

unable to make arrangements which are mutually acceptable to him

and to the head of the executive agency concerned, the agency's

request for discontinuance or modification and the Administrator's

reasons for not agreeing with the request shall be forwarded to the

Director who shall be responsible for making a final and binding

decision.

(f) When a pool or system is discontinued or curtailed, such

transfers of vehicles and related equipment and supplies,

personnel, records, facilities, and funds as may be appropriate

will be made, subject to the approval of the Director.

Sec. 9. Motor vehicles exempted from inclusion in interagency

motor-vehicle pools. The following-described classes of motor

vehicles shall be exempt from inclusion in interagency

motor-vehicle pools or systems:

(1) Motor vehicles 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.

(2) Any motor vehicle regularly used by an agency in the

performance of investigative, law enforcement, or intelligence

duties if the head of such agency determines that exclusive control

of such vehicle is essential to the effective performance of such

duties: Provided, that vehicles regularly used for common

administrative purposes not directly connected with the performance

of law enforcement, investigative, or intelligence duties shall not

because of such use be exempted from such inclusion.

(3) Any motor vehicle the conspicuous identification of which as

a Government vehicle would interfere with the purpose for which it

is acquired and used.

(4) Unless inclusion is mutually agreed upon by the Administrator

and the head of the agency concerned:

(i) Motor vehicles for the use of the heads of the executive

agencies, ambassadors, ministers, charge d'affaires, and other

principal diplomatic and consular officials.

(ii) Motor vehicles regularly and principally used for the

transportation of diplomats and representatives of foreign

countries or by officers of the Department of State for the conduct

of official business with representatives of foreign countries.

(iii) Motor vehicles regularly used for the distribution and

transportation of mails.

(5) Motor vehicles which, because of their design or the special

purposes for which they are used, or for other reasons, cannot

advantageously be incorporated in an interagency motor-vehicle pool

or system if the exemption thereof has been mutually agreed upon by

the Administrator and the head of the executive agency concerned.

(6) Motor vehicles exempted by an agency which has authority to

make such an exemption under the provisions of the Act [probably

means the Federal Property and Administrative Services Act of 1949,

now chapters 1 to 11 of this title and title III of the Act of June

30, 1949 (41 U.S.C. 251 et seq.)].

Sec. 10. Optional use arrangements. Nothing in these regulations

shall be construed as precluding the establishment or operation of

interagency motor-vehicle pools or systems on the basis of optional

use by executive or other Federal agencies.

Sec. 11. Supplementary regulations. The Administrator shall,

after consultation with the executive agencies concerned and with

due regard to their program activities, issue such supplementary

regulations of general applicability to the executive agencies

concerned as are necessary for the effective and economical

operation of pools or systems under the Act [probably means the

Federal Property and Administrative Services Act of 1949].

Dwight D. Eisenhower.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-

-CITE-

40 USC Sec. 602 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 602. Authority to establish motor vehicle pools and

transportation systems

-STATUTE-

(a) In General. - Subject to section 603 of this title, and

regulations issued under section 603, the Administrator of General

Services shall -

(1) take over from executive agencies and consolidate, or

otherwise acquire, motor vehicles and related equipment and

supplies;

(2) provide for the establishment, maintenance, and operation

(including servicing and storage) of motor vehicle pools or

systems; and

(3) furnish motor vehicles and related services to executive

agencies for the transportation of property and passengers.

(b) Methods of Providing Vehicles and Services. - As determined

by the Administrator, motor vehicles and related services may be

furnished by providing an agency with -

(1) Federal Government-owned motor vehicles;

(2) the use of motor vehicles, under rental or other

arrangements, through private fleet operators, taxicab companies,

or local or interstate common carriers; or

(3) both.

(c) Recipients of Vehicles and Services. - The Administrator

shall, so far as practicable, furnish motor vehicles and related

services under this section to any federal agency, mixed-ownership

Government corporation (as defined in chapter 91 of title 31), or

the District of Columbia, on its request.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1121.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

602 40:491(b) (related June 30, 1949, ch. 288,

to establishment). title II, Sec. 211(b)

(related to establishment),

as added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1126.

--------------------------------------------------------------------

Subsection (a)(1) is substituted for "in respect of executive

agencies, . . . consolidate, take over, acquire, or arrange for the

operation by any executive agency of, motor vehicles and other

related equipment and supplies for the purpose of establishing

motor vehicle pools and systems to serve the needs of executive

agencies" for clarity and to eliminate unnecessary words.

In subsection (c), the words "mixed-ownership Government

corporation" are substituted for "mixed ownership corporation" for

consistency with chapter 91 of title 31. The words "chapter 91 of

title 31" are substituted for "the Government Corporation Control

Act" in section 211(b) of the Federal Property and Administrative

Services Act of 1949 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 603, 604, 605, 607 of

this title; title 42 section 7588.

-End-

-CITE-

40 USC Sec. 603 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 603. Process for establishing motor vehicle pools and

transportation systems

-STATUTE-

(a) Determination Requirement. -

(1) In general. - The Administrator of General Services may

carry out section 602 only if the Administrator determines, after

consultation with the agencies concerned and with due regard to

their program activities, that doing so is advantageous to the

Federal Government in terms of economy, efficiency, or service.

(2) Elements of the determination. - A determination under this

section must be in writing. For each motor vehicle pool or

system, the determination must set forth an analytical

justification that includes -

(A) a detailed comparison of estimated costs for present and

proposed modes of operation; and

(B) a showing that savings can be realized by the

establishment, maintenance, and operation of a motor vehicle

pool or system.

(b) Regulations Related to Establishment. -

(1) In general. - The President shall prescribe regulations

establishing procedures to carry out section 602 of this title.

(2) Elements of the regulations. - The regulations shall

provide for -

(A) adequate notice to an executive agency of any

determination that affects the agency or its functions;

(B) independent review and decision as directed by the

President of any determination disputed by an agency, with the

possibility that the decision may include a partial or complete

exemption of the agency from the determination; and

(C) enforcement of determinations that become effective under

the regulations.

(3) Effect of the regulations. - A determination under

subsection (a) is binding on an agency only as provided in

regulations issued under this subsection.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1122.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

603(a)(1) 40:491(b) (related June 30, 1949, ch. 288,

to determination). title II, Sec. 211(b)

(related to determination),

(c), (e), as added Sept. 5,

1950, ch. 849, Sec. 5(c), 64

Stat. 583; Sept. 1, 1954,

ch. 1211, Sec. 2, 68 Stat.

1126.

603(a)(2) 40:491(e).

603(b) 40:491(c).

--------------------------------------------------------------------

In subsection (b)(1), the words "within ninety days after the

effective date of this section" are omitted as obsolete.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 602 of this title; title

42 section 7588.

-End-

-CITE-

40 USC Sec. 604 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 604. Treatment of assets taken over to establish motor vehicle

pools and transportation systems

-STATUTE-

(a) Reimbursement. -

(1) Requirement. - When the Administrator of General Services

takes over motor vehicles or related equipment or supplies under

section 602 of this title, reimbursement is required if the

property is taken over from -

(A) a Government corporation; or

(B) an agency, if the agency acquired the property through

unreimbursed expenditures made from a revolving or trust fund

authorized by law.

(2) Amount. - The Administrator shall reimburse a Government

corporation, or a fund through which an agency acquired property,

by an amount equal to the fair market value of the property. If

the Administrator subsequently returns property of a similar kind

under section 610 of this title, the Government corporation or

the fund shall reimburse the Administrator by an amount equal to

the fair market value of the property returned.

(b) Addition to General Supply Fund. - If the Administrator takes

over motor vehicles or related equipment or supplies under section

602 of this title but reimbursement is not required under

subsection (a), the value of the property taken over, as determined

by the Administrator, may be added to the capital of the General

Supply Fund. If the Administrator subsequently returns property of

a similar kind under section 610 of this title, the value of the

property may be deducted from the Fund.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1122.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

604(a) 40:491(g). June 30, 1949, ch. 288,

title II, Sec. 211(g), (h),

as added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1128.

604(b) 40:491(h).

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-

-CITE-

40 USC Sec. 605 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 605. Payment of costs

-STATUTE-

(a) Use of General Supply Fund To Cover Costs. - The General

Supply Fund provided for in section 321 of this title is available

for use by or under the direction and control of the Administrator

of General Services to pay the costs of carrying out section 602 of

this title, including the cost of purchasing or renting motor

vehicles and related equipment and supplies.

(b) Setting Prices To Recover Costs. -

(1) In general. - The Administrator shall set prices for

furnishing motor vehicles and related services under section 602

of this title. Prices shall be set to recover, so far as

practicable, all costs of carrying out section 602 of this title.

(2) Increment for replacement cost. - In the Administrator's

discretion, prices may include an increment for the estimated

replacement cost of motor vehicles and related equipment and

supplies. Notwithstanding section 321(f)(1) of this title, the

increment may be retained as a part of the capital of the General

Supply Fund but is available only to replace motor vehicles and

related equipment and supplies.

(c) Accounting Method. - The purchase price of motor vehicles and

related equipment, and any increment for estimated replacement

cost, shall be recovered only through charges for the cost of

amortization. Costs shall be determined, and financial reports

prepared, in accordance with the accrual accounting method.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1123.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

605 40:491(d). June 30, 1949, ch. 288,

title II, Sec. 211(d), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1127;

Pub. L. 95-506, Oct. 24,

1978, 92 Stat. 1756.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 610 of this title; title

42 section 7588.

-End-

-CITE-

40 USC Sec. 606 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 606. Regulations related to operation

-STATUTE-

(a) In General. - The Director of the Office of Personnel

Management shall prescribe regulations to govern executive agencies

in authorizing civilian personnel to operate Federal

Government-owned motor vehicles for official purposes within the

States of the United States, the District of Columbia, Puerto Rico,

and the territories and possessions of the United States.

(b) Elements of the Regulations. - The regulations shall

prescribe standards of physical fitness for authorized operators.

The regulations may require operators and prospective operators to

obtain state and local licenses or permits that are required to

operate similar vehicles for other than official purposes.

(c) Agency Orders. - The head of each executive agency shall

issue orders and directives necessary for compliance with the

regulations. The orders and directives shall provide for -

(1) periodically testing the physical fitness of operators and

prospective operators; and

(2) suspension and revocation of authority to operate.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1123.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

606 40:491(j). June 30, 1949, ch. 288,

title II, Sec. 211(j), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1128;

Pub. L. 86-624, Sec. 27(b),

July 12, 1960, 74 Stat. 418.

--------------------------------------------------------------------

In subsection (a), the words "Director of the Office of Personnel

Management" are substituted for "United States Civil Service

Commission" in section 211(j) of the Federal Property and

Administrative Services Act of 1949 because of section 102 of

Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat.

3783). The words "territories and" are added for consistency in the

revised title and with other titles of the United States Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-

-CITE-

40 USC Sec. 607 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 607. Records

-STATUTE-

The Administrator of General Services shall maintain an accurate

record of the cost of establishing, maintaining, and operating each

motor vehicle pool or system established under section 602 of this

title.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

607 40:491(f) (1st June 30, 1949, ch. 288,

sentence). title II, Sec. 211(f) (1st

sentence), as added Sept. 5,

1950, ch. 849, Sec. 5(c), 64

Stat. 583; Sept. 1, 1954,

ch. 1211, Sec. 2, 68 Stat.

1127.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-

-CITE-

40 USC Sec. 608 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 608. Scrip, tokens, tickets

-STATUTE-

The Administrator of General Services, in the operation of motor

vehicle pools or systems under this subchapter, may provide for the

sale and use of scrip, tokens, tickets, and similar devices to

collect payment.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

608 40:491(i). June 30, 1949, ch. 288,

title II, Sec. 211(i), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1128.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-

-CITE-

40 USC Sec. 609 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 609. Identification of vehicles

-STATUTE-

(a) In General. - Under regulations prescribed by the

Administrator of General Services, every motor vehicle acquired and

used for official purposes within the United States, or the

territories or possessions of the United States, by any federal

agency or by the District of Columbia shall be conspicuously

identified by showing, on the vehicle -

(1)(A) the full name of the department, establishment,

corporation, or agency that uses the vehicle and the service for

which the vehicle is used; or

(B) a title that readily identifies the department,

establishment, corporation, or agency that uses the vehicle and

that is descriptive of the service for which the vehicle is used;

and

(2) the legend "For official use only".

(b) Exceptions. - The regulations prescribed pursuant to this

section may provide for exemptions when conspicuous identification

would interfere with the purpose for which a vehicle is acquired

and used.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

609 40:491(k). June 30, 1949, ch. 288,

title II, Sec. 211(k), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1128.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-

-CITE-

40 USC Sec. 610 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 610. Discontinuance of motor vehicle pool or system

-STATUTE-

(a) In General. - The Administrator of General Services shall

discontinue a motor vehicle pool or system if there are no actual

savings realized (based on accounting as provided in section 605 of

this title) during a reasonable period of not longer than two

successive fiscal years.

(b) Return of Comparable Property. - If a motor vehicle pool or

system is discontinued, the Administrator shall return to each

agency involved motor vehicles and related equipment and supplies

similar in kind and reasonably comparable in value to any motor

vehicles and related equipment and supplies which were previously

taken over by the Administrator.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

610 40:491(f) (last June 30, 1949, ch. 288,

sentence). title II, Sec. 211(f) (last

sentence), as added Sept. 5,

1950, ch. 849, Sec. 5(c), 64

Stat. 583; Sept. 1, 1954,

ch. 1211, Sec. 2, 68 Stat.

1127.

--------------------------------------------------------------------

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 604 of this title; title

42 section 7588.

-End-

-CITE-

40 USC Sec. 611 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 5 - PROPERTY MANAGEMENT

SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

-HEAD-

Sec. 611. Duty to report violations

-STATUTE-

During the regular course of the duties of the Administrator of

General Services, if the Administrator becomes aware of a violation

of section 1343, 1344, or 1349(b) of title 31 or of section 641 of

title 18 involving the conversion by a Federal Government official

or employee of a Government-owned or leased motor vehicle to the

official or employee's own use or to the use of others, the

Administrator shall report the violation to the head of the agency

in which the official or employee is employed, for further

investigation and either appropriate disciplinary action under

section 1343, 1344, or 1349(b) or, if appropriate, referral to the

Attorney General for prosecution under section 641.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1124.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

611 40:491(l). June 30, 1949, ch. 288,

title II, Sec. 211(l), as

added Sept. 5, 1950, ch.

849, Sec. 5(c), 64 Stat.

583; Sept. 1, 1954, ch.

1211, Sec. 2, 68 Stat. 1128.

--------------------------------------------------------------------

The words "section 1343, 1344, or 1349(b) of title 31" are

substituted for "section 5 of the Act of July 16, 1914, as amended

(5 U.S.C. 78)" and "such section 5" in section 211(l) of the

Federal Property and Administrative Services Act of 1949 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 42 section 7588.

-End-