Legislación
US (United States) Code. Title 40. Subtitle I. Chapter 5: Property management
-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-
Descargar
| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.