(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 tech-
nical assistance program;
(B) a federal or state maritime academy for training purposes;
or
(C) a non-federal public body for scientific, educational, or cul-
tural 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 Act, 1954 (33 U.S.C. 576), to be available, as provided in ap-
propriation laws, for the operation and maintenance of vessels under the con-
trol of the Corps of Engineers.
§ 557. Donation of books to Free Public Library
Subject to regulations under this subtitle, a book that is no longer needed
by an executive department, bureau, or commission of the Federal Govern-
ment, 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 gen-
eral use if the book is appropriate for the Free Public Library.
§ 558. Donation of forfeited vessels
(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 sub-
section (a) is an educational institution with a commercial fishing vessel safe-
ty program or other vessel safety, education and training program. The insti-
tution must certify to the federal officer making the donation that the pro-
gram 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 re-
quired:
(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 reg-
ulated 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.
§ 559. Advice of Attorney General with respect to antitrust
law
(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 Attor-
ney 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 pro-
posed disposal, including probable terms and conditions, to the Attorney
General.
(2) COPY.—Except for the General Services Administration, an execu-
tive agency that transmits notice under paragraph (1) shall simulta-
neously 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 disposi-
tion 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.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
§ 571. General rules for deposit and use of proceeds
(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 pro-
ceeds 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 regu-
lations 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 sub-
section applies whether proceeds are deposited as miscellaneous receipts or to
the credit of an appropriation as authorized by law.
§ 572. Real property
(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 ac-
cordance with the scale customarily paid in similar commer-
cial transactions.
(ii) Costs of environmental and historic preservation serv-
ices.
(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 de-
termine the maximum amount that may be obligated under
this paragraph.
(C) DIRECT PAYMENT OR REIMBURSEMENT.—An amount obli-
gated under this paragraph may be used to pay an expense directly
or to reimburse a fund or appropriation that initially paid the ex-
pense.
(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, in-
cluding 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 facili-
ties conveyed under section 2854a of title 10; or
(ii) property at a military installation designated for clo-
sure 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 avail-
able for transfer, without reimbursement, to other military departments
within the Department of Defense.
(4) ALTERNATIVE DISPOSITION BY ADMINISTRATOR OF GENERAL SERV-
ICES.—If property is not transferred pursuant to paragraph (3), the Sec-
retary 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 disposi-
tion 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 pro-
vided in an appropriation law, an amount deposited in a special
account under subparagraph (A) is available for facility mainte-
nance 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 de-
partment that had jurisdiction over the property before the clo-
sure 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 restora-
tion 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 ap-
propriations to the Committees on Armed Services of the Senate and the
House of Representatives, the Secretary of Defense shall include an ac-
counting of each transfer and disposal made in accordance with this sub-
section during the fiscal year preceding the fiscal year in which the re-
quest 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.
§ 573. Personal property
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 Administra-
tor’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 Gen-
eral Supply Fund to the general fund or another appropriate account in the
Treasury.
§ 574. Other rules regarding proceeds
(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 appropria-
tion; 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 agen-
cy that determined the property to be excess decides that it is uneco-
nomical or impractical to ascertain the amount of net proceeds, the pro-
ceeds 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 spe-
cial 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 cred-
ited 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 de-
termines 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 Serv-
ices, 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.
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED
ACTIVITIES
§ 581. General authority of Administrator of General Serv-
ices
(a) APPLICABILITY.—To the extent that the Administrator of General Serv-
ices by law, other than this section, may maintain, operate, and protect build-
ings 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.
(b) PERSONNEL AND EQUIPMENT.—The Administrator may—
(1) employ and pay personnel at per diem rates approved by the Ad-
ministrator, not exceeding rates currently paid by private industry for
similar services in the place where the services are performed;
(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; and
(3) furnish arms and ammunition for the protection force the Admin-
istration maintains.
(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 agen-
cies, and pay the rent in advance if required by law or if the Adminis-
trator 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 Admin-
istrator may repair, alter, or improve rented premises if the Adminis-
trator 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 im-
provement) 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 in-
surance proceeds received for damage to property that is part of the De-
fense 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, mainte-
nance, 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 pub-
lic interest pursuant to section 545 of this title.
(2) NEGOTIATION WITHOUT ADVERTISING.—A lease under this sub-
section 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 Admin-
istrator.
(f) UTILITIES FOR DEFENSE INDUSTRIAL RESERVE AND SURPLUS PROP-
ERTY.—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—