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
regulations under this subtitle, the expenses of the sale of old material, con-
demned stores, supplies, or other public property may be paid from the pro-
ceeds of sale so that only the net proceeds are deposited in the Treasury.
This subsection applies whether proceeds are deposited as miscellaneous re-
ceipts 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), pro-
ceeds of the disposition of surplus real and related personal property
by the Administrator of General Services shall be set aside in a sepa-
rate 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 di-
rect expenses incurred for the use of excess property and the dis-
posal of surplus property under this subtitle:
(i) Fees of appraisers, auctioneers, and realty brokers, in
accordance 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 disposi-
tions.
(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 obli-
gated under this paragraph may be used to pay an expense di-
rectly 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 trans-
ferred from the fund described in paragraph (1) to miscellaneous re-
ceipts.
(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 con-
trol of a military department and that the Secretary of the depart-
ment 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
available for transfer, without reimbursement, to other military depart-
ments 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 disposi-
tion of property pursuant to paragraph (4), the Administrator
shall deposit any proceeds (less expenses of the transfer or disposi-
tion 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
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 restora-
tion by the military department that had jurisdiction
over the property before it was disposed of or trans-
ferred.
(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 expla-
nation of each transfer and disposal and of the use of the proceeds re-
ceived 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 Adminis-
trator’s agent) incurs in conducting the sales. The Administrator shall de-
posit amounts retained into the General Supply Fund established under sec-
tion 321(a) of this title. From the amounts deposited, the Administrator
may pay direct costs and reasonably related indirect costs incurred in con-
ducting sales of personal property. At least once each year, amounts re-
tained 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.
§ 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 re-
ceipts.
(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 sub-
section, 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 un-
economical 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 re-
funded 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 subcon-
tractor 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 disposi-
tion of surplus property may accept property instead of cash if the Presi-
dent determines that the property is strategic or critical material. The prop-
erty is valued at the prevailing market price when the cash payment be-
comes due.
(e) MANAGEMENT OF CREDIT, LEASES, AND PERMITS.—For a disposi-
tion 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.
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
Services by law, other than this section, may maintain, operate, and protect
buildings or property, including the construction, repair, preservation, demo-
lition, 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 Ad-
ministration 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
agencies, and pay the rent in advance if required by law or if the Ad-
ministrator 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 Ad-
ministrator may repair, alter, or improve rented premises if the Admin-
istrator determines that doing so is advantageous to the Government
in terms of economy, efficiency, or national security. The Administra-
tor’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 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 build-
ing.
(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 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 Com-
mittee (as defined in section 501 of title 36) during an inaugural period
in connection with Presidential inaugural operations and functions. Assist-
ance 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—
(A) any part of the Defense Industrial Reserve pursuant to sec-
tion 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 Administra-
tion.
(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 Ad-
ministration.
(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 organi-
zation engaged in commercial, cultural, educational, or recreational ac-
tivity (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 nego-
tiated pursuant to procedures that the Administrator considers nec-
essary 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 Adminis-
trator may deposit into the Federal Buildings Fund an amount re-
ceived 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 per-
son, firm, or organization leasing space pursuant to paragraph (1) or
(2). The services may be provided during and outside of regular work-
ing hours of federal agencies.
§ 582. Management of buildings by Administrator of General
Services
(a) REQUEST BY FEDERAL AGENCY OR INSTRUMENTALITY.—At the re-
quest of a federal agency, a mixed-ownership Government corporation (as
defined in chapter 91 of title 31), or the District of Columbia, the Adminis-
trator 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 occu-
pied by the agency or instrumentality making the request.
(b) TRANSFER OF FUNCTIONS BY DIRECTOR OF THE OFFICE OF MAN-
AGEMENT 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 effi-
ciency, 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 of-
fice building, that is occupied by a federal agency under a lease.
(2) EXCEPTION FOR POST-OFFICE BUILDINGS.—A transfer of func-
tions shall not be made under this subsection for a post-office building,
unless the Director determines that the building is not used predomi-
nantly for post-office purposes. The Administrator may delegate func-
tions 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 trans-
fer 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 De-
fense (including a fort, camp, post, arsenal, navy yard, naval training
station, airfield, proving ground, military supply depot, or school) un-
less 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 build-
ings occupied by the National Institute of Standards and Technology,