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(4) Records management.
§ 102. Definitions
The following definitions apply in chapters 1 through 7 of this title and
in title III of the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 251 et seq.):
(1) CARE
AND
HANDLING.—The term ‘‘care and handling’’
includes—
(A) completing, repairing, converting, rehabilitating, operating,
preserving, protecting, insuring, packing, storing, handling, con-
serving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dan-
gerous to public health or safety.
(2) CONTRACTOR
INVENTORY.—The term ‘‘contractor inventory’’
means—
(A) property, in excess of amounts needed to complete full per-
formance, that is acquired by and in possession of a contractor or
subcontractor under a contract pursuant to which title is vested
in the Federal Government; and
(B) property that the Government is obligated or has the option
to take over, under any type of contract, as a result of changes
in specifications or plans under the contract, or as a result of ter-
mination of the contract (or a subcontract), prior to completion of
the work, for the convenience or at the option of the Government.
(3) EXCESS PROPERTY.—The term ‘‘excess property’’ means prop-
erty under the control of a federal agency that the head of the agency
determines is not required to meet the agency’s needs or responsibil-
ities.
(4) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means—
(A) an executive department or independent establishment in
the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an execu-
tive agency or an establishment in the legislative or judicial branch of
the Government (except the Senate, the House of Representatives, and
the Architect of the Capitol, and any activities under the direction of
the Architect of the Capitol).
(6) FOREIGN EXCESS PROPERTY.—The term ‘‘foreign excess prop-
erty’’ means excess property that is not located in the States of the
United States, the District of Columbia, Puerto Rico, American Samoa,
Guam, the Northern Mariana Islands, the Federated States of Micro-
nesia, the Marshall Islands, Palau, and the Virgin Islands.
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(7) MOTOR VEHICLE.—The term ‘‘motor vehicle’’ means any vehicle,
self-propelled or drawn by mechanical power, designed and operated
principally for highway transportation of property or passengers,
excluding—
(A) a vehicle designed or used for military field training, com-
bat, or tactical purposes, or used principally within the confines
of a regularly established military post, camp, or depot; and
(B) a vehicle regularly used by an agency to perform investiga-
tive, law enforcement, or intelligence duties, if the head of the
agency determines that exclusive control of the vehicle is essential
for effective performance of duties.
(8) NONPERSONAL
SERVICES.—The term ‘‘nonpersonal services’’
means contractual services designated by the Administrator of General
Services, other than personal and professional services.
(9) PROPERTY.—The term ‘‘property’’ means any interest in prop-
erty except—
(A)(i) the public domain;
(ii) land reserved or dedicated for national forest or national
park purposes;
(iii) minerals in land or portions of land withdrawn or reserved
from the public domain which the Secretary of the Interior deter-
mines are suitable for disposition under the public land mining
and mineral leasing laws; and
(iv) land withdrawn or reserved from the public domain except
land or portions of land so withdrawn or reserved which the Sec-
retary, with the concurrence of the Administrator, determines are
not suitable for return to the public domain for disposition under
the general public-land laws because the lands are substantially
changed in character by improvements or otherwise;
(B) naval vessels that are battleships, cruisers, aircraft carriers,
destroyers, or submarines; and
(C) records of the Government.
(10) SURPLUS PROPERTY.—The term ‘‘surplus property’’ means ex-
cess property that the Administrator determines is not required to meet
the needs or responsibilities of any federal agency.
SUBCHAPTER II—SCOPE
§ 111. Application to Federal Property and Administrative
Services Act of 1949
In the following provisions, the words ‘‘this subtitle’’ are deemed to refer
also to title III of the Federal Property and Administrative Services Act of
1949 (41 U.S.C. 251 et seq.):
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(1) Section 101 of this title.
(2) Section 112 of this title.
(3) Section 121(a) of this title.
(4) Section 121(c)(1) of this title.
(5) Section 121(c)(2) of this title.
(6) Section 121(d)(1) and (2) of this title.
(7) Section 121(e)(1) of this title.
(8) Section 121(f) of this title.
(9) Section 121(g) of this title.
(10) Section 122(a) of this title.
(11) Section 123(a) of this title.
(12) Section 123(c) of this title.
(13) Section 124 of this title.
(14) Section 126 of this title.
(15) Section 127 of this title.
(16) Section 311(c) of this title.
(17) Section 313(a) of this title.
(18) Section 528 of this title.
(19) Section 541 of this title.
(20) Section 549(e)(3)(H)(i)(II) of this title.
(21) Section 557 of this title.
(22) Section 558(a) of this title.
(23) Section 559(f) of this title.
(24) Section 571(b) of this title.
(25) Section 572(a)(2)(A) of this title.
(26) Section 572(b)(4) of this title.
§ 112. Limitations
(a) IN GENERAL.—Except as otherwise provided in this section, the au-
thority conferred by this subtitle is in addition to any other authority con-
ferred by law and is not subject to any inconsistent provision of law.
(b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT
POLICY ACT.—The authority conferred by this subtitle is subject to the Of-
fice of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND
AGENCIES.—Sections 121(b) and 506(c) of this title do not apply to a Gov-
ernment corporation or agency that is subject to chapter 91 of title 31.
(d) LIMITATION REGARDING CONGRESS.—This subtitle does not apply to
the Senate or the House of Representatives (including the Architect of the
Capitol and any building, activity, or function under the direction of the Ar-
chitect). However, services and facilities authorized by this subtitle shall, as
far as practicable, be made available to the Senate, the House of Represent-
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atives, and the Architect of the Capitol on their request. If payment would
be required for providing a similar service or facility to an executive agency,
payment shall be made by the recipient, on presentation of proper vouchers,
in advance or by reimbursement (as may be agreed upon by the Adminis-
trator of General Services and the officer or body making the request). The
payment may be credited to the applicable appropriation of the executive
agency receiving the payment.
(e) OTHER LIMITATIONS.—Nothing in this subtitle impairs or affects the
authority of—
(1) the President under the Philippine Property Act of 1946 (22
U.S.C. 1381 et seq.);
(2) an executive agency, with respect to any program conducted for
purposes of resale, price support, grants to farmers, stabilization,
transfer to foreign governments, or foreign aid, relief, or rehabilitation,
but the agency carrying out the program shall, to the maximum extent
practicable, consistent with the purposes of the program and the effec-
tive, efficient conduct of agency business, coordinate its operations with
the requirements of this subtitle and with policies and regulations pre-
scribed under this subtitle;
(3) an executive agency named in chapter 137 of title 10, and the
head of the agency, with respect to the administration of that chapter;
(4) the Secretary of Defense with respect to property required for
or located in occupied territories;
(5) the Secretary of Defense with respect to the administration of
section 2535 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army, Navy,
and Air Force with respect to the administration of the Strategic and
Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings Act,
1926 (22 U.S.C. 292 et seq.);
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act (42
U.S.C. 1751 et seq.);
(B) the Farmers Home Administration Act of 1946 (ch. 964,
60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c),
with respect to the exportation and domestic consumption of agri-
cultural products;
(D) section 201 of the Agricultural Adjustment Act of 1938 (7
U.S.C. 1291); or
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(E) section 203(j) of the Agricultural Marketing Act of 1946 (7
U.S.C. 1622(j));
(9) an official or entity under the Farm Credit Act of 1971 (12
U.S.C. 2001 et seq.), with respect to the acquisition or disposal of
property;
(10) the Secretary of Housing and Urban Development or the Fed-
eral Deposit Insurance Corporation (or an officer of the Corporation)
with respect to the disposal of—
(A) residential property; or
(B) other property—
(i) acquired or held as part of, or in connection with, resi-
dential property; or
(ii) held in connection with the insurance of mortgages,
loans, or savings association accounts under the National
Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit
Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonpersonal
services, with respect to section 501(c) of this title, and with respect
to property acquired in connection with a program of processing, man-
ufacture, production, or force account construction, but the Authority
shall, to the maximum extent it considers practicable, consistent with
the purposes of its program and the effective, efficient conduct of its
business, coordinate its operations with the requirements of this sub-
title and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce
with respect to the disposal of airport property and airway property (as
those terms are defined in section 47301 of title 49) for use as such
property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition,
procurement, operation, maintenance, preservation, sale, lease, charter,
construction, reconstruction, or reconditioning (including outfitting and
equipping incidental to construction, reconstruction, or reconditioning)
of a merchant vessel or shipyard, ship site, terminal, pier, dock, ware-
house, or other installation necessary or appropriate for carrying out
a program of the Administration authorized by law or nonadministra-
tive activities incidental to a program of the Administration authorized
by law, but the Administration shall, to the maximum extent it con-
siders practicable, consistent with the purposes of its programs and the
effective, efficient conduct of its activities, coordinate its operations
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with the requirements of this subtitle and with policies and regulations
prescribed under this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other
law;
(18) the Secretary of the Interior with respect to procurement for
program operations under the Bonneville Project Act of 1937 (16
U.S.C. 832 et seq.); or
(19) the Secretary of State with respect to the furnishing of facilities
in foreign countries and reception centers within the United States.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§ 121. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre-
scribe policies and directives that the President considers necessary to carry
out this subtitle. The policies must be consistent with this subtitle.
(b) ACCOUNTING PRINCIPLES AND STANDARDS.—
(1) PRESCRIPTION.—The Comptroller General, after considering the
needs and requirements of executive agencies, shall prescribe principles
and standards of accounting for property.
(2) PROPERTY
ACCOUNTING
SYSTEMS.—The Comptroller General
shall cooperate with the Administrator of General Services and with ex-
ecutive agencies in the development of property accounting systems and
approve the systems when they are adequate and in conformity with
prescribed principles and standards.
(3) COMPLIANCE REVIEW.—From time to time the Comptroller Gen-
eral shall examine the property accounting systems established by exec-
utive agencies to determine the extent of compliance with prescribed
principles and standards and approved systems. The Comptroller Gen-
eral shall report to Congress any failure to comply with the principles
and standards or to adequately account for property.
(c) REGULATIONS BY ADMINISTRATOR.—
(1) GENERAL AUTHORITY.—The Administrator may prescribe regu-
lations to carry out this subtitle.
(2) REQUIRED
REGULATIONS
AND
ORDERS.—The Administrator
shall prescribe regulations that the Administrator considers necessary
to carry out functions assigned to the Administrator under this subtitle
and the head of each executive agency shall issue orders and directives
that the agency head considers necessary to carry out the regulations.
(d) DELEGATION OF AUTHORITY BY ADMINISTRATOR.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Admin-
istrator may delegate authority conferred on the Administrator by this
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subtitle to an official in the General Services Administration or to the
head of another federal agency. The Administrator may authorize suc-
cessive redelegation of authority conferred by this subtitle.
(2) EXCEPTIONS.—The Administrator may not delegate—
(A) the authority to prescribe regulations on matters of policy
applying to executive agencies;
(B) the authority to transfer functions and related allocated
amounts from one component of the Administration to another
under paragraphs (1)(C) and (2)(A) of subsection (e); or
(C) other authority for which delegation is prohibited by this
subtitle.
(3) RETENTION AND USE OF RENTAL PAYMENTS.—A department or
agency to which the Administrator has delegated authority to operate,
maintain or repair a building or facility under this subsection shall re-
tain the portion of the rental payment that the Administrator deter-
mines is available to operate, maintain or repair the building or facility.
The department or agency shall directly expend the retained amounts
to operate, maintain, or repair the building or facility. The retained
amounts remain available until expended.
(e) ASSIGNMENT OF FUNCTIONS BY ADMINISTRATOR.—
(1) IN GENERAL.—The Administrator may provide for the perform-
ance of a function assigned under this subtitle by any of the following
methods:
(A) The Administrator may direct the Administration to per-
form the function.
(B) The Administrator may designate or establish a component
of the Administration and direct the component to perform the
function.
(C) The Administrator may transfer the function from one com-
ponent of the Administration to another.
(D) The Administrator may direct an executive agency to per-
form the function for itself, with the consent of the agency or by
direction of the President.
(E) The Administrator may direct one executive agency to per-
form the function for another executive agency, with the consent
of the agencies concerned or by direction of the President.
(F) The Administrator may provide for performance of a func-
tion by a combination of the methods described in this paragraph.
(2) TRANSFER OF RESOURCES.—
(A) WITHIN GENERAL SERVICES ADMINISTRATION.—If the Ad-
ministrator transfers a function from one component of the Ad-
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ministration to another, the Administrator may also provide for
the transfer of appropriate allocated amounts from the component
that previously carried out the function to the component being di-
rected to carry out the function. A transfer under this subpara-
graph must be reported to the Director of the Office of Manage-
ment and Budget.
(B) BETWEEN
AGENCIES.—If the Administrator transfers a
function from one executive agency to another (including a trans-
fer to or from the Administration), the Administrator may also
provide for the transfer of appropriate personnel, records, prop-
erty, and allocated amounts from the executive agency that pre-
viously carried out the function to the executive agency being di-
rected to carry out the function. A transfer under this subpara-
graph is subject to approval by the Director of the Office of Man-
agement and Budget.
(f) ADVISORY COMMITTEES.—The Administrator may establish an advi-
sory committee to provide advice on any function of the Administrator
under this subtitle. Members of the advisory committee shall serve without
compensation but are entitled to transportation and not more than $25 a
day instead of expenses under section 5703 of title 5.
(g) CONSULTATION WITH FEDERAL AGENCIES.—The Administrator shall
advise and consult with interested federal agencies and seek their advice and
assistance to accomplish the purposes of this subtitle.
(h) ADMINISTERING OATHS.—In carrying out investigative duties, an offi-
cer or employee of the Administration, if authorized by the Administrator,
may administer an oath to an individual.
§ 122. Prohibition on sex discrimination
(a) PROHIBITION.—With respect to a program or activity carried on or
receiving federal assistance under this subtitle, an individual may not be ex-
cluded from participation, denied benefits, or otherwise discriminated
against based on sex.
(b) ENFORCEMENT.—Subsection (a) of this section shall be enforced
through agency provisions and rules similar to those already established
with respect to racial and other discrimination under title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not
exclusive and does not prejudice or remove any other legal remedies avail-
able to an individual alleging discrimination.
§ 123. Civil remedies for fraud
(a) IN GENERAL.—In connection with the procurement, transfer or dis-
position of property under this subtitle, a person that uses or causes to be
used, or enters into an agreement, combination, or conspiracy to use or
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cause to be used, a fraudulent trick, scheme, or device for the purpose of
obtaining or aiding to obtain, for any person, money, property, or other ben-
efit from the Federal Government—
(1) shall pay to the Government an amount equal to the sum of—
(A) $2,000 for each act;
(B) two times the amount of damages sustained by the Govern-
ment because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government, as liq-
uidated damages, an amount equal to two times the consideration that
the Government agreed to give to the person, or that the person agreed
to give to the Government; or
(3) if the Government elects, shall restore to the Government the
money or property fraudulently obtained, with the Government retain-
ing as liquidated damages, the money, property, or other consideration
given to the Government.
(b) ADDITIONAL REMEDIES AND CRIMINAL PENALTIES.—The civil rem-
edies provided in this section are in addition to all other civil remedies and
criminal penalties provided by law.
(c) IMMUNITY OF GOVERNMENT OFFICIALS.—An officer or employee of
the Government is not liable (except for an individual’s own fraud) or ac-
countable for collection of a purchase price that is determined to be
uncollectible by the federal agency responsible for property if the property
is transferred or disposed of in accordance with this subtitle and with regu-
lations prescribed under this subtitle.
(d) JURISDICTION AND VENUE.—
(1) DEFINITION.—In this subsection, the term ‘‘district court’’
means a district court of the United States or a district court of a ter-
ritory or possession of the United States.
(2) IN GENERAL.—A district court has original jurisdiction of an ac-
tion arising under this section, and venue is proper, if at least one de-
fendant resides or may be found in the court’s judicial district. Juris-
diction and venue are determined without regard to the place where
acts were committed.
(3) ADDITIONAL DEFENDANT OUTSIDE JUDICIAL DISTRICT.—A de-
fendant that does not reside and may not be found in the court’s judi-
cial district may be brought in by order of the court, to be served per-
sonally, by publication, or in another reasonable manner directed by the
court.
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§ 124. Agency use of amounts for property management
Amounts appropriated, allocated, or available to a federal agency for pur-
poses similar to the purposes in section 121 of this title or subchapter I
(except section 506), II, or III of chapter 5 of this title may be used by
the agency for the disposition of property under this subtitle, and for the
care and handling of property pending the disposition, if the Director of the
Office of Management and Budget authorizes the use.
§ 125. Library memberships
When authorized by the Administrator of General Services, payment in
advance may be appropriated for library memberships in societies whose
publications are available—
(1) to members only; or
(2) to members at a lower price than that charged to the general
public.
§ 126. Services to Architect of the Capitol
As far as practicable, services authorized by this subtitle are available on
request to the Architect of the Capitol.
§ 127. Reports to Congress
The Administrator of General Services, at times the Administrator con-
siders desirable, shall submit a report to Congress on the administration of
this subtitle. The report shall include any recommendation for amendment
of this subtitle that the Administrator considers appropriate and shall iden-
tify any law that is obsolete because of the enactment or operation of this
subtitle.
CHAPTER 3—ORGANIZATION OF GENERAL SERVICES
ADMINISTRATION
SUBCHAPTER I—GENERAL
Sec.
301.
Establishment.
302.
Administrator and Deputy Administrator.
303.
Functions.
304.
Federal information centers.
SUBCHAPTER II—ADMINISTRATIVE
311.
Personnel.
312.
Transfer and use of amounts for major equipment acquisitions.
313.
Tests of materials.
SUBCHAPTER III—FUNDS
321.
General Supply Fund.
322.
Information Technology Fund.
323.
Consumer Information Center Fund.
SUBCHAPTER I—GENERAL
§ 301. Establishment
The General Services Administration is an agency in the executive branch
of the Federal Government.
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Commissioner of Public Buildings that, immediately before July 1, 1949,
were functions of—
(1) the Federal Works Agency;
(2) the Federal Works Administrator; or
(3) the Commissioner of Public Buildings.
§ 304. Federal information centers
The Administrator of General Services may establish within the General
Services Administration a nationwide network of federal information centers
for the purpose of providing the public with information about the programs
and procedures of the Federal Government and for other appropriate and
related purposes.
SUBCHAPTER II—ADMINISTRATIVE
§ 311. Personnel
(a) APPOINTMENT AND COMPENSATION.—The Administrator of General
Services, subject to chapters 33 and 51 and subchapter III of chapter 53
of title 5, may appoint and fix the compensation of personnel necessary to
carry out chapters 1, 3, and 5 of this title and title III of the Federal Prop-
erty and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(b) TEMPORARY EMPLOYMENT.—The Administrator may procure the
temporary or intermittent services of experts or consultants under section
3109 of title 5 to the extent the Administrator finds necessary to carry out
chapters 1, 3, and 5 of this title and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(c) PERSONNEL FROM OTHER AGENCIES.—Notwithstanding section 973
of title 10 or any other law, in carrying out functions under this subtitle
the Administrator may use the services of personnel (including armed serv-
ices personnel) from an executive agency other than the General Services
Administration with the consent of the head of the agency.
(d) DETAIL OF FIELD PERSONNEL TO DISTRICT OF COLUMBIA.—The
Administrator, in the Administrator’s discretion, may detail field personnel
of the Administration to the District of Columbia for temporary duty for
a period of not more than 30 days in any one case. Subsistence or similar
expenses may not be allowed for an employee on temporary duty in the Dis-
trict of Columbia under this paragraph.
§ 312. Transfer and use of amounts for major equipment ac-
quisitions
(a) IN GENERAL.—Subject to subsection (b), unobligated balances of
amounts appropriated or otherwise made available to the General Services
Administration for operating expenses and salaries and expenses may be
transferred and merged into the ‘‘Major equipment acquisitions and develop-
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ment activity’’ of the Salaries and Expenses, General Management and Ad-
ministration appropriation account for—
(1) agency-wide acquisition of capital equipment, automated data
processing systems; and
(2) financial management and management information systems
needed to implement the Chief Financial Officers Act of 1990 (Public
Law 101–576, 104 Stat. 2838) and other laws or regulations.
(b) REQUIREMENTS AND AVAILABILITY.—
(1) TIME FOR TRANSFER.—Transfer of an amount under this section
must be done no later than the end of the fifth fiscal year after the
fiscal year for which the amount is appropriated or otherwise made
available.
(2) APPROVAL FOR USE.—An amount transferred under this section
may be used only with the advance approval of the Committees on Ap-
propriations of the House of Representatives and the Senate.
(3) AVAILABILITY.—An amount transferred under this section re-
mains available until expended.
§ 313. Tests of materials
(a) SCOPE.—This section applies to any article or commodity tendered by
a producer or vendor for sale or lease to the General Services Administra-
tion or to any procurement authority acting under the direction and control
of the Administrator of General Services pursuant to this subtitle.
(b) AUTHORITY TO CONDUCT TESTS.—The Administrator, in the Admin-
istrator’s discretion and with the consent of the producer or vendor, may
have tests conducted, in a manner the Administrator specifies, to—
(1) determine whether an article or commodity conforms to pre-
scribed specifications and standards; or
(2) aid in the development of specifications and standards.
(c) FEES.—
(1) IN GENERAL.—The Administrator shall charge the producer or
vendor a fee for the tests.
(2) AMOUNT OF FEE IF TESTS PREDOMINANTLY SERVE INTEREST
OF PRODUCER OR VENDOR.—If the Administrator determines that con-
ducting the tests predominantly serves the interest of the producer or
vendor, the Administrator shall fix the fee in an amount that will re-
cover the costs of conducting the tests, including all components of the
costs, determined in accordance with accepted accounting principles.
(3) AMOUNT OF FEE IF TESTS DO NOT PREDOMINANTLY SERVE IN-
TEREST OF PRODUCER OR VENDOR.—If the Administrator determines
that conducting the tests does not predominantly serve the interest of
the producer or vendor, the Administrator shall fix the fee in an
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amount the Administrator determines is reasonable for furnishing the
testing service.
SUBCHAPTER III—FUNDS
§ 321. General Supply Fund
(a) EXISTENCE.—The General Supply Fund is a special fund in the
Treasury.
(b) COMPOSITION.—
(1) IN GENERAL.—The Fund is composed of amounts appropriated
to the Fund and the value, as determined by the Administrator of Gen-
eral Services, of personal property transferred from executive agencies
to the Administrator under section 501(d) of this title to the extent
that payment is not made or credit allowed for the property.
(2) OTHER CREDITS.—
(A) IN GENERAL.—The Fund shall be credited with all reim-
bursements, advances, and refunds or recoveries relating to per-
sonal property or services procured through the Fund, including—
(i) the net proceeds of disposal of surplus personal prop-
erty; and
(ii) receipts from carriers and others for loss of, or damage
to, personal property.
(B) REAPPROPRIATION.—Amounts credited under this para-
graph are reappropriated for the purposes of the Fund.
(3) DEPOSIT OF FEES.—Fees collected by the Administrator under
section 313 of this title may be deposited in the Fund to be used for
the purposes of the Fund.
(c) USES.—
(1) IN GENERAL.—The Fund is available for use by or under the di-
rection and control of the Administrator for—
(A) procuring, for the use of federal agencies in the proper dis-
charge of their responsibilities—
(i) personal property (including the purchase from or
through the Public Printer, for warehouse issue, of standard
forms, blankbook work, standard specifications, and other
printed material in common use by federal agencies and not
available through the Superintendent of Documents); and
(ii) nonpersonal services;
(B) paying the purchase price, cost of transportation of personal
property and services, and cost of personal services employed di-
rectly in the repair, rehabilitation, and conversion of personal
property; and
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(C) paying other direct costs of, and indirect costs that are rea-
sonably related to, contracting, procurement, inspection, storage,
management, distribution, and accountability of property and non-
personal services provided by the General Services Administration
or by special order through the Administration.
(2) OTHER USES.—The Fund may be used for the procurement of
personal property and nonpersonal services authorized to be acquired
by—
(A) mixed-ownership Government corporations;
(B) the municipal government of the District of Columbia; or
(C) a requisitioning non-federal agency when the function of a
federal agency authorized to procure for it is transferred to the
Administration.
(d) PAYMENT FOR PROPERTY AND SERVICES.—
(1) IN GENERAL.—For property or services procured through the
Fund for requisitioning agencies, the agencies shall pay prices the Ad-
ministrator fixes under this subsection.
(2) PRICES FIXED BY ADMINISTRATOR.—The Administrator shall fix
prices at levels sufficient to recover—
(A) so far as practicable—
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services employed directly in the
repair, rehabilitation, and conversion of personal property;
and
(v) the cost of amortization and repair of equipment used
for lease or rent to executive agencies; and
(B) properly allocable costs payable by the Fund under sub-
section (c)(1)(C).
(3) TIMING OF PAYMENTS.—
(A) PAYMENT IN ADVANCE.—A requisitioning agency shall pay
in advance when the Administrator determines that there is insuf-
ficient capital otherwise available in the Fund. Payment in ad-
vance may also be made under an agreement between a requisi-
tioning agency and the Administrator.
(B) PROMPT REIMBURSEMENT.—If payment is not made in ad-
vance, the Administration shall be reimbursed promptly out of
amounts of the requisitioning agency in accordance with account-
ing procedures approved by the Comptroller General.
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(C) FAILURE TO MAKE PROMPT REIMBURSEMENT.—The Ad-
ministrator may obtain reimbursement by the issuance of transfer
and counterwarrants, or other lawful transfer documents, sup-
ported by itemized invoices, if payment is not made by a requisi-
tioning agency within 45 days after the later of—
(i) the date of billing by the Administrator; or
(ii) the date on which actual liability for personal property
or services is incurred by the Administrator.
(e) REIMBURSEMENT FOR EQUIPMENT PURCHASED FOR CONGRESS.—
The Administrator may accept periodic reimbursement from the Senate and
from the House of Representatives for the cost of any equipment purchased
for the Senate or the House of Representatives with money from the Fund.
The amount of each periodic reimbursement shall be computed by amor-
tizing the total cost of each item of equipment over the useful life of the
equipment, as determined by the Administrator, in consultation with the
Sergeant at Arms and Doorkeeper of the Senate or the Chief Administrative
Officer of the House of Representatives, as appropriate.
(f) TREATMENT OF SURPLUS.—
(1) SURPLUS DEPOSITED IN TREASURY.—As of September 30 of
each year, any surplus in the Fund above the amounts transferred or
appropriated to establish and maintain the Fund (all assets, liabilities,
and prior losses considered) shall be deposited in the Treasury as mis-
cellaneous receipts.
(2) SURPLUS RETAINED.—From any surplus generated by operation
of the Fund, the Administrator may retain amounts necessary to main-
tain a sufficient level of inventory of personal property to meet the
needs of the federal agencies.
(g) AUDITS.—The Comptroller General shall audit the Fund in accord-
ance with the provisions of chapter 35 of title 31 and report the results of
the audits.
§ 322. Information Technology Fund
(a) EXISTENCE.—There is an Information Technology Fund in the
Treasury.
(b) COST AND CAPITAL REQUIREMENTS.—
(1) IN GENERAL.—The Administrator of General Services shall de-
termine the cost and capital requirements of the Fund for each fiscal
year. The cost and capital requirements may include amounts—
(A) needed to purchase (if the Administrator has determined
that purchase is the least costly alternative) information proc-
essing and transmission equipment, software, systems, and oper-
ating facilities necessary to provide services;
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(B) resulting from operations of the Fund, including the net
proceeds from the disposal of excess or surplus personal property
and receipts from carriers and others for loss or damage to prop-
erty; and
(C) that are appropriated, authorized to be transferred, or oth-
erwise made available to the Fund.
(2) SUBMITTING PLANS TO OFFICE OF MANAGEMENT AND BUDG-
ET.—The Administrator shall submit plans concerning the cost and
capital requirements determined under this section, and other informa-
tion as may be requested, for review and approval by the Director of
the Office of Management and Budget. Plans submitted under this sec-
tion fulfill the requirements of sections 1512 and 1513 of title 31.
(3) ADJUSTMENTS.—Any change to the cost and capital require-
ments of the Fund for a fiscal year shall be made in the same manner
as the initial fiscal year determination.
(c) USE.—
(1) IN GENERAL.—The Fund is available for expenses, including per-
sonal services and other costs, and for procurement (by lease, purchase,
transfer, or otherwise) to efficiently provide information technology re-
sources to federal agencies and to efficiently manage, coordinate, oper-
ate, and use those resources.
(2) SPECIFICALLY
INCLUDED
ITEMS.—Information technology re-
sources provided under this section include information processing and
transmission equipment, software, systems, operating facilities, sup-
plies, and related services including maintenance and repair.
(3) CANCELLATION COSTS.—Any cancellation costs incurred for a
contract entered into under subsection (e) shall be paid from money
currently available in the Fund.
(4) NO FISCAL YEAR LIMITATION.—The Fund is available without
fiscal year limitation.
(d) CHARGES TO AGENCIES.—If the Director approves plans submitted
by the Administrator under subsection (b), the Administrator shall establish
rates, consistent with the approval, to be charged to agencies for informa-
tion technology resources provided through the Fund.
(e) CONTRACT AUTHORITY.—
(1) IN GENERAL.—In operating the Fund, the Administrator may
enter into multiyear contracts, not longer than 5 years, to provide in-
formation technology hardware, software, or services if—
(A) amounts are available and adequate to pay the costs of the
contract for the first fiscal year and any costs of cancellation or
termination;
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(B) the contract is awarded on a fully competitive basis; and
(C) the Administrator determines that—
(i) the need for the information technology hardware, soft-
ware, or services being provided will continue over the period
of the contract;
(ii) the use of the multiyear contract will yield substantial
cost savings when compared with other methods of providing
the necessary resources; and
(iii) the method of contracting will not exclude small busi-
ness participation.
(2) EFFECT ON OTHER LAW.—This subsection does not limit the au-
thority of the Administrator to procure equipment and services under
sections 501–505 of this title.
(f) TRANSFER OF UNCOMMITTED BALANCE.—After the close of each fis-
cal year, any uncommitted balance remaining in the Fund, after making
provision for anticipated operating needs as determined by the Office of
Management and Budget, shall be transferred to the Treasury as miscella-
neous receipts.
(g) ANNUAL REPORT.—The Administrator shall report annually to the
Director on the operation of the Fund. The report must address the inven-
tory, use, and acquisition of information processing equipment and identify
any proposed increases to the capital of the Fund.
§ 323. Consumer Information Center Fund
(a) EXISTENCE.—There is in the Treasury a Consumer Information Cen-
ter Fund, General Services Administration, for the purpose of disseminating
Federal Government consumer information to the public and for other re-
lated purposes.
(b) DEPOSITS.—Money shall be deposited into the Fund from—
(1) appropriations from the Treasury for Consumer Information
Center activities;
(2) user fees from the public;
(3) reimbursements from other federal agencies for costs of distrib-
uting publications; and
(4) any other income incident to Center activities.
(c) EXPENDITURES.—Money deposited into the Fund is available for ex-
penditure for Center activities in amounts specified in appropriation laws.
The Fund shall assume all liabilities, obligations, and commitments of the
Center account.
(d) UNOBLIGATED BALANCES.—Any unobligated balances at the end of
a fiscal year remain in the Fund and are available for authorization in ap-
propriation laws for subsequent fiscal years.
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(e) GIFT ACCOUNT.—The Center may accept and deposit to this account
gifts for purposes of defraying the costs of printing, publishing, and distrib-
uting consumer information and educational materials and undertaking
other consumer information activities. In addition to amounts appropriated
or otherwise made available, the Center may expend the gifts for these pur-
poses and any balance remains available for expenditure.
CHAPTER 5—PROPERTY MANAGEMENT
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 property through state agencies.
550.
Disposal of 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.
Dredge vessel disposal.
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.
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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.
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 sys-
tems.
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.
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
§ 501. Services for executive agencies
(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 de-
termines that the action is advantageous to the Federal Govern-
ment 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 ex-
empt the Department of Defense from an action taken by the Adminis-
trator 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 respon-
sibilities, and perform functions related to procurement and supply
including contracting, inspection, storage, issue, property identi-
fication and classification, transportation and traffic management,
management of public utility services, and repairing and con-
verting.
(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.—
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(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 pre-
scribed by the Administrator of General Services under this para-
graph are subject to regulations prescribed by the Administrator
for Federal Procurement Policy under the Office of Federal Pro-
curement Policy Act (41 U.S.C. 401 et seq.).
(c) REPRESENTATION.—For transportation and other public utility serv-
ices 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.
§ 502. Services for other entities
(a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOVERNMENT CORPORA-
TIONS, AND THE DISTRICT OF COLUMBIA.—On request, the Administrator
of General Services shall provide, to the extent practicable, any of the serv-
ices 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 Govern-
ment under the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).
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(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 Se-
verely Disabled under section 2 of the Javits-Wagner-O’Day Act (41
U.S.C. 47) to be suitable for procurement by the Government.
§ 503. Exchange or sale of similar items
(a) AUTHORITY OF EXECUTIVE AGENCIES.—In acquiring personal prop-
erty, 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 pre-
scribes, subject to regulations the Administrator prescribes 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 evi-
denced in writing.
(3) SECTION 3709 OF REVISED STATUTES.—Section 3709 of the Re-
vised Statutes (41 U.S.C. 5) applies to a sale of property under sub-
section (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.
§ 504. Agency cooperation for inspection
(a) RECEIVING ASSISTANCE.—An executive agency may use the services,
work, materials, and equipment of another executive agency, with the con-
sent 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, mate-
rials, 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.
§ 505. Exchange or transfer of medical supplies
(a) EXCESS PROPERTY DETERMINATION.—
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(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 be-
fore 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 ex-
changed 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 pur-
poses.
(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.
§ 506. Inventory controls and systems
(a) ACTIVITIES OF THE ADMINISTRATOR OF GENERAL SERVICES.—
(1) IN GENERAL.—Subject to paragraph (2), and after adequate ad-
vance notice to affected executive agencies, the Administrator of Gen-
eral 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 main-
tain a uniform federal supply catalog system that is appropriate
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to identify and classify personal property under the control of fed-
eral agencies.
(D) STANDARD
PURCHASE
SPECIFICATIONS
AND
STANDARD
FORMS AND PROCEDURES.—Prescribe standard purchase specifica-
tions and standard forms and procedures (except forms and proce-
dures that the Comptroller General prescribes by law) subject to
regulations the Administrator for Federal Procurement Policy pre-
scribes under the Office of Federal Procurement Policy Act (41
U.S.C. 401 et seq.).
(2) SPECIAL
CONSIDERATIONS
REGARDING
DEPARTMENT
OF
DE-
FENSE.—
(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 para-
graph (1)(C), the Administrator of General Services and the Sec-
retary 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 speci-
fications, and the standard forms and procedures established under sub-
section (a), except as the Administrator of General Services, considering ef-
ficiency, economy, or other interests of the Government, may otherwise pro-
vide.
(c) AUDIT OF PROPERTY ACCOUNTS.—The Comptroller General shall
audit all types of property accounts and transactions. Audits shall be con-
ducted 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 execu-
tive agencies are kept. Audits shall include an evaluation of the effectiveness
of internal controls and audits, and a general audit of the discharge of ac-
countability for Government-owned or controlled property, based on gen-
erally accepted principles of auditing.
SUBCHAPTER II—USE OF PROPERTY
§ 521. Policies and methods
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
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(B) to the organizations specified in section 321(c)(2) of this
title.
§ 522. Reimbursement for transfer of excess property
(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 reimburse-
ment 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 organiza-
tional 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 SUP-
PLY 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.
§ 523. Excess real property located on Indian reservations
(a) PROCEDURES FOR TRANSFER.—The Administrator of General Serv-
ices shall prescribe procedures necessary to transfer to the Secretary of the
Interior, without compensation, excess real property located within the res-
ervation 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 Sec-
retary 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 Okla-
homa, as defined by the Secretary, and was held in trust by the
Federal Government for an Indian tribe when the Government ac-
quired it; or
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(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.
§ 524. Duties of executive agencies
(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 agen-
cies and to organizations specified in section 321(c)(2) of this title; and
(3) obtain excess property from other federal agencies.
§ 525. Excess personal property for federal agency grantees
(a) GENERAL PROHIBITION.—A federal agency is prohibited from obtain-
ing 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 orga-
nization 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 spon-
sored 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
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(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 re-
ceipts.
(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 Colum-
bia.
(2) IN GENERAL.—Under regulations and restrictions the Adminis-
trator may prescribe, subsection (a) does not apply to property fur-
nished by the Secretary of Agriculture to—
(A) a state 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 experiment station engaged in cooperative agricul-
tural 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 Gov-
ernment retains title.
(d) OTHER EXCEPTIONS.—Under regulations and restrictions the Admin-
istrator 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 Na-
tional Science Foundation Act of 1950 (42 U.S.C. 1870(e));
(3) property furnished under section 203 of the Department of Agri-
culture Organic Act of 1944 (16 U.S.C. 580a), in connection with the
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Cooperative Forest Fire Control Program, if the Government retains
title; or
(4) property furnished in connection with a grant to a tribe, as de-
fined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C.
1452(c)).
§ 526. Temporary assignment of excess real property
(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 advan-
tageous 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.
§ 527. Abandonment, destruction, or donation of property
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.
§ 528. Utilization of excess furniture
A department or agency of the Federal Government may not use amounts
provided by law to purchase furniture if the Administrator of General Serv-
ices determines that requirements can reasonably be met by transferring ex-
cess furniture, including rehabilitated furniture, from other departments or
agencies pursuant to this subtitle.
§ 529. Annual executive agency reports on excess personal
property
(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—
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(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.
SUBCHAPTER III—DISPOSING OF PROPERTY
§ 541. Supervision and direction
Except as otherwise provided in this subchapter, the Administrator of
General Services shall supervise and direct the disposition of surplus prop-
erty in accordance with this subtitle.
§ 542. Care and handling
The disposal of surplus property, and the care and handling of the prop-
erty pending disposition, may be performed by the General Services Admin-
istration or, when the Administrator of General Services decides, by the ex-
ecutive agency in possession of the property or by any other executive agen-
cy that agrees.
§ 543. Method of disposition
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 dis-
pose of the property under this chapter.
§ 544. Validity of transfer instruments
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 sur-
plus 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.
§ 545. Procedure for disposal
(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 dis-
posal or a contract for disposal of surplus property only after pub-
lic advertising for bids, under regulations the Administrator pre-
scribes.
(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.
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(2) TIME, METHOD, AND TERMS.—The time, method, and terms and
conditions of advertisement must permit full and free competition con-
sistent 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 invita-
tion 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 pre-
scribes, disposals and contracts for disposal may be negotiated without re-
gard 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 ex-
tent that would adversely affect the national economy, and the esti-
mated 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 agen-
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cy in, a State, territory, or possession, and the estimated fair market
value of the property and other satisfactory terms of disposal are ob-
tained 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 Adminis-
trator 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 sub-
section are limited to categories of personal property for which the Ad-
ministrator determines that disposal under this subsection best serves
the interests of the Government.
(2) FIRST OFFER.—Under regulations and restrictions the Adminis-
trator prescribes, an opportunity to purchase property at a fixed price
under this subsection may be offered first to an entity specified in sub-
section (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 (C)–(E) of this
paragraph;
(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
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(v) real property or real and related personal property dis-
posed 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 dis-
posal 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 ANNUAL REPORT.—The annual report of the Admin-
istrator under section 127 of this title must include a listing and de-
scription of any negotiated disposals of surplus property having an esti-
mated 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 dis-
posals for which an explanatory statement has been transmitted under
this subsection.
(f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised Stat-
utes (41 U.S.C. 5) does not apply to a disposal or contract for disposal
made under this section.
§ 546. Contractor inventories
Subject to regulations of the Administrator of General Services, an execu-
tive agency may authorize a contractor or subcontractor with the agency to
retain or dispose of contractor inventory.
§ 547. Agricultural commodities, foods, and cotton or woolen
goods
(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 com-
modities, and surplus cotton or woolen goods. The policies shall be formu-
lated to prevent surplus agricultural commodities, or surplus foods proc-
essed from agricultural commodities, from being dumped on the market in
a disorderly manner and disrupting the market prices for agricultural com-
modities.
(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 de-
termines that a transfer is necessary for the Secretary to carry out re-
sponsibilities for price support or stabilization.
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(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 pro-
ceeds from the sale of surplus property transferred under this sub-
section 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 quan-
tities exceeding, or at prices less than, the applicable quantities and
prices for sales of those commodities by the Commodity Credit Cor-
poration.
§ 548. Surplus vessels
The Maritime Administration shall dispose of surplus vessels of 1,500
gross tons or more which the Administration determines to be merchant ves-
sels or capable of conversion to merchant use. The vessels shall be disposed
of in accordance with provisions authorizing the sale of such vessels under
the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.), and other
laws.
§ 549. Donation of property through state agencies
(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 (includ-
ing instrumentalities created by compact or other agreement be-
tween 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 Unites 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 des-
ignated under state law as the agency responsible for fair and equitable
distribution, through donation, of property transferred under this sec-
tion.
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’s discretion and under regulations the Administrator may
prescribe, may transfer property described in paragraph (2) to a state
agency.
(2) PROPERTY.—
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(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 es-
tablished 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 con-
sideration, 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 con-
servation, economic development, education, parks and recreation,
public health, and public safety; or
(B) for purposes of education or public health (including re-
search), 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
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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 handi-
capped;
(v) a child care center;
(vi) a radio or television station licensed by the Federal
Communications Commission as an educational radio or edu-
cational 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 trans-
ferred 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 nec-
essary 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 devel-
oping and implementing the state plan of operation, the relative
needs and resources of all public agencies and other eligible insti-
tutions in the State shall be taken into consideration. The Admin-
istrator may consult with interested federal agencies to obtain