(1) the Director of the Bureau of Federal Supply or the Secretary
of the Treasury and that related to a function transferred to or vested
in the Administrator of General Services on June 30, 1949, by the
Federal Property and Administrative Services Act of 1949;
(2) an officer of the Federal Government under authority of the Sur-
plus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority
related to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent
agency of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body
whose functions were transferred on June 30, 1949, by title I of the
Federal Property and Administrative Services Act of 1949.
§ 113. 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-
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
(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
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 the Administrator’s functions 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
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. Any amounts
retained under this paragraph shall remain available until expended for
these purposes.
(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 ADMINISTRATION.—If the Administrator transfers
a function from one component of the Administration 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 directed to carry out the
function. A transfer under this subparagraph must be reported to
the Director of the Office of Management 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.
(f) ADVISORY COMMITTEES.—The Administrator may establish advisory
committees to provide advice on any function of the Administrator under
this subtitle. Members of the advisory committees shall serve without com-
pensation 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) shall be enforced through agency
provisions and rules similar to those already established with respect to ra-
cial 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 available 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
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.
§ 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
Amounts appropriated may be used, when authorized by the Adminis-
trator of General Services, for payment in advance for library memberships
in societies whose publications are available to members only, or to members
at a lower price than that charged to the general public.
§ 126. 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.
§ 302. Administrator and Deputy Administrator
(a) ADMINISTRATOR.—The Administrator of General Services is the head
of the General Services Administration. The Administrator is appointed by
the President with the advice and consent of the Senate. The Administrator
shall perform functions subject to the direction and control of the President.
(b) DEPUTY ADMINISTRATOR.—The Administrator shall appoint a Dep-
uty Administrator of General Services. The Deputy Administrator shall per-
form functions designated by the Administrator. The Deputy Administrator
is Acting Administrator of General Services during the absence or disability
of the Administrator and, unless the President designates another officer of
the Federal Government, when the office of Administrator is vacant.
§ 303. Functions
(a) BUREAU OF FEDERAL SUPPLY.—
(1) TRANSFER OF FUNCTIONS.—Subject to paragraph (2), the func-
tions of the Administrator of General Services include functions related
to the Bureau of Federal Supply in the Department of the Treasury
that, immediately before July 1, 1949, were functions of—
(A) the Bureau;
(B) the Director of the Bureau;
(C) the personnel of the Bureau; or
(D) the Secretary of the Treasury.
(2) FUNCTIONS NOT TRANSFERRED.—The functions of the Adminis-
trator of General Services do not include functions retained in the De-
partment of the Treasury under section 102(c) of the Federal Property
and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380).
(b) FEDERAL WORKS AGENCY AND COMMISSIONER OF PUBLIC BUILD-
INGS.—The functions of the Administrator of General Services include func-
tions related to the Federal Works Agency and functions related to the
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-
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
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
(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.
(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;
(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;
(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.
(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 personal property through state agencies.
550.
Disposal of real property for certain purposes.
551.
Donations to American Red Cross.
552.
Abandoned or unclaimed property on Government premises.
553.
Property for correctional facility, law enforcement, and emergency management response
purposes.
554.
Property for development or operation of a port facility.
555.
Donation of law enforcement canines to handlers.
556.
Disposal of dredge vessels.
557.
Donation of books to Free Public Library.
558.
Donation of forfeited vessels.
559.
Advice of Attorney General with respect to antitrust law.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
571.
General rules for deposit and use of proceeds.
572.
Real property.
573.
Personal property.
574.
Other rules regarding proceeds.
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES
581.
General authority of Administrator of General Services.
582.
Management of buildings by Administrator of General Services.
583.
Construction of buildings.
584.
Assignment and reassignment of space.
585.
Lease agreements.
586.
Charges for space and services.
587.
Telecommuting and other alternative workplace arrangements.
588.
Movement and supply of office furniture.
589.
Installation, repair, and replacement of sidewalks.
590.
Child care.
591.
Purchase of electricity.
592.
Federal Buildings Fund.
593.
Protection for veterans preference employees.
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
601.
Purposes.
602.
Authority to establish motor vehicle pools and transportation systems.
603.
Process for establishing motor vehicle pools and transportation systems.
604.
Treatment of assets taken over to establish motor vehicle pools and transportation 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.—
(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.).
(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 prescribed by the Administrator for Fed-
eral Procurement Policy under the Office of Federal Procurement Pol-
icy 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.—
(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
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
(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
(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
(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
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—
(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.
(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-
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 (iii)–(v) of this
subparagraph;
(iii) real property disposed of by lease for a term of not
more than 5 years, if the estimated fair annual rent is more
than $100,000 for any year;
(iv) real property disposed of by lease for a term of more
than 5 years, if the total estimated rent over the term of the
lease is more than $100,000; or
(v) real property or real and related personal property 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 of real or personal property authorized by any other law to
be made without advertising.
(2) TRANSMITTAL TO CONGRESS.—The explanatory statement shall
be transmitted to the appropriate committees of Congress in advance
of the disposal, and a copy of the statement shall be preserved in the
files of the executive agency making the disposal.
(3) LISTING IN REPORT.—A report of the Administrator under sec-
tion 126 of this title must include a listing and description of any nego-
tiated disposals of surplus property having an estimated fair market
value of more than $15,000, in the case of real property, or $5,000,
in the case of any other property, other than disposals for which an
explanatory statement has been transmitted under this subsection.
(f) APPLICABILITY OF OTHER LAW.—Section 3709 of the Revised 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.
(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 the Merchant Marine Act, 1936 (46 App. U.S.C. 1101
et seq.), and other laws authorizing the sale of such vessels.
§ 549. Donation of personal 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 United States,
the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa.
(3) STATE AGENCY.—The term ‘‘state agency’’ means an agency 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.—
(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
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
their views concerning the administration and operation of this
section.
(B) PUBLICATION AND PERIOD FOR COMMENT.—The state plan
of operation, and any major amendment to the plan, may not be
filed with the Administrator until 60 days after general notice of
the proposed plan or amendment has been published and inter-
ested persons have been given at least 30 days to submit com-
ments.
(C) CERTIFICATION.—The chief executive officer of the State
shall certify and submit the state plan of operation to the Admin-
istrator.
(3) REQUIREMENTS.—
(A) STATE AGENCY.—The state plan of operation shall include
adequate assurance that the state agency has—
(i) the necessary organizational and operational authority
and capability including staff, facilities, and means and meth-
ods of financing; and
(ii) established procedures for accountability, internal and
external audits, cooperative agreements, compliance and use
reviews, equitable distribution and property disposal, deter-
mination of eligibility, and assistance through consultation
with advisory bodies and public and private groups.
(B) EQUITABLE DISTRIBUTION.—The state plan of operation
shall provide for fair and equitable distribution of property in the
State based on the relative needs and resources of interested pub-
lic agencies and other eligible institutions in the State and their
abilities to use the property.
(C) MANAGEMENT CONTROL AND ACCOUNTING SYSTEMS.—The
state plan of operation shall require, for donable property trans-
ferred under this section, that the state agency use management
control and accounting systems of the same type as systems re-
quired by state law for state-owned property. However, with ap-
proval from the chief executive officer of the State, the state agen-
cy may elect to use other management control and accounting sys-
tems that are effective to govern the use, inventory control, ac-
countability, and disposal of property under this section.
(D) RETURN AND REDISTRIBUTION FOR NON-USE.—The state
plan of operation shall require the state agency to provide for the
return and redistribution of donable property if the property, while
still usable, has not been placed in use for the purpose for which
it was donated within one year of donation or ceases to be used
by the donee for that purpose within one year of being placed in
use.
(E) REQUEST BY RECIPIENT.—The state plan of operation shall
require the state agency, to the extent practicable, to select prop-
erty requested by a public agency or other eligible institution in
the State and, if requested by the recipient, to arrange shipment
of the property directly to the recipient.
(F) SERVICE CHARGES.—If the state agency is authorized to as-
sess and collect service charges from participating recipients to
cover direct and reasonable indirect costs of its activities, the
method of establishing the charges shall be set out in the state
plan of operation. The charges shall be fair and equitable and
shall be based on services the state agency performs, including
screening, packing, crating, removal, and transportation.
(G) TERMS, 
CONDITIONS, 
RESERVATIONS, 
AND
RESTRIC-
TIONS.—
(i) IN GENERAL.—The state plan of operation shall provide
that the state agency—
(I) may impose reasonable terms, conditions, reserva-
tions, and restrictions on the use of property to be do-
nated under subsection (c); and
(II) shall impose reasonable terms, conditions, reserva-
tions, and restrictions on the use of a passenger motor
vehicle and any item of property having a unit acquisi-
tion cost of $5,000 or more.
(ii) SPECIAL
LIMITATIONS.—If the Administrator finds
that an item has characteristics that require special handling
or use limitations, the Administrator may impose appropriate
conditions on the donation of the property.
(H) UNUSABLE PROPERTY.—
(i) DISPOSAL.—The state plan of operation shall provide
that surplus personal property which the state agency deter-
mines cannot be used by eligible recipients shall be disposed
of—
(I) subject to the disapproval of the Administrator
within 30 days after notice to the Administrator,
through transfer by the state agency to another state
agency or through abandonment or destruction if the
property has no commercial value or if the estimated
cost of continued care and handling exceeds estimated
proceeds from sale; or
(II) under this subtitle, on terms and conditions and
in a manner the Administrator prescribes.
(ii) PROCEEDS FROM SALE.—Notwithstanding subchapter
IV of this chapter and section 702 of this title, the Adminis-
trator, from the proceeds of sale of property described in sub-
section (b), may reimburse the state agency for expenses that
the Administrator considers appropriate for care and han-
dling of the property.
(f) COOPERATIVE AGREEMENTS WITH STATE AGENCIES.—
(1) PARTIES TO THE AGREEMENT.—For purposes of carrying out
this section, a cooperative agreement may be made between a state sur-
plus property distribution agency designated under this section and—
(A) the Administrator;
(B) the Secretary of Education, for property transferred under
section 550(c) of this title;
(C) the Secretary of Health and Human Services, for property
transferred under section 550(d) of this title; or
(D) the head of a federal agency designated by the Adminis-
trator, the Secretary of Education, or the Secretary of Health and
Human Services.
(2) SHARED RESOURCES.—The cooperative agreement may provide
that the property, facilities, personnel, or services of—
(A) a state agency may be used by a federal agency; and
(B) a federal agency may be made available to a state agency.
(3) REIMBURSEMENT.—The cooperative agreement may require pay-
ment or reimbursement for the use or provision of property, facilities,
personnel, or services. Payment or reimbursement received from a state
agency shall be credited to the fund or appropriation against which
charges would otherwise be made.
(4) SURPLUS PROPERTY TRANSFERRED TO STATE AGENCY.—
(A) IN GENERAL.—Under the cooperative agreement, surplus
property transferred to a state agency for distribution pursuant to
subsection (c) may be retained by the state agency for use in per-
forming its functions. Unless otherwise directed by the Adminis-
trator, title to the retained property vests in the state agency.
(B) CONDITIONS.—Retention of surplus property under this
paragraph is subject to conditions that may be imposed by—
(i) the Administrator;
(ii) the Secretary of Education, for property transferred
under section 550(c) of this title; or
(iii) the Secretary of Health and Human Services, for prop-
erty transferred under section 550(d) of this title.
§ 550. Disposal of real property for certain purposes
(a) DEFINITION.—In this section, the term ‘‘State’’ includes the District
of Columbia, Puerto Rico, and the territories and possessions of the United
States.
(b) ENFORCEMENT
AND REVISION
OF INSTRUMENTS TRANSFERRING
PROPERTY UNDER THIS SECTION.—
(1) IN GENERAL.—Subject to disapproval by the Administrator of
General Services within 30 days after notice of a proposed action to
be taken under this section, except for personal property transferred
pursuant to section 549 of this title, the official specified in paragraph
(2) shall determine and enforce compliance with the terms, conditions,
reservations, and restrictions contained in an instrument by which a
transfer under this section is made. The official shall reform, correct,
or amend the instrument if necessary to correct the instrument or to
conform the transfer to the requirements of law. The official shall
grant a release from any term, condition, reservation or restriction con-
tained in the instrument, and shall convey, quitclaim, or release to the
transferee (or other eligible user) any right or interest reserved to the
Federal Government by the instrument, if the official determines that
the property no longer serves the purpose for which it was transferred
or that a release, conveyance, or quitclaim deed will not prevent accom-
plishment of that purpose. The release, conveyance, or quitclaim deed
may be made subject to terms and conditions that the official considers
necessary to protect or advance the interests of the Government.
(2) SPECIFIED OFFICIAL.—The official referred to in paragraph (1)
is—
(A) the Secretary of Education, for property transferred under
subsection (c) for school, classroom, or other educational use;
(B) the Secretary of Health and Human Services, for property
transferred under subsection (d) for use in the protection of public
health, including research;
(C) the Secretary of the Interior, for property transferred under
subsection (e) for public park or recreation area use;
(D) the Secretary of Housing and Urban Development, for
property transferred under subsection (f) to provide housing or
housing assistance for low-income individuals or families; and
(E) the Secretary of the Interior, for property transferred under
subsection (h) for use as a historic monument for the benefit of
the public.
(c) PROPERTY
FOR SCHOOL, CLASSROOM, OR OTHER EDUCATIONAL
USE.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Education for disposal surplus real property,
including buildings, fixtures, and equipment situated on the property,
that the Secretary recommends as needed for school, classroom, or
other educational use.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Education of a proposed transfer, the Secretary, for school, classroom,
or other educational use, may sell or lease property assigned to the Sec-
retary under paragraph (1) to a State, a political subdivision or instru-
mentality of a State, a tax-supported educational institution, or a non-
profit educational institution that has been held exempt from taxation
under section 501(c)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of Education shall take
into consideration any benefit which has accrued or may accrue to the
Government from the use of the property by the State, political subdivi-
sion or instrumentality, or institution.
(d) PROPERTY FOR USE IN THE PROTECTION OF PUBLIC HEALTH, IN-
CLUDING RESEARCH.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Health and Human Services for disposal sur-
plus real property, including buildings, fixtures, and equipment situated
on the property, that the Secretary recommends as needed for use in
the protection of public health, including research.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Health and Human Services of a proposed transfer, the Secretary, for
use in the protection of public health, including research, may sell or
lease property assigned to the Secretary under paragraph (1) to a
State, a political subdivision or instrumentality of a State, a tax-sup-
ported medical institution, or a hospital or similar institution not oper-
ated for profit that has been held exempt from taxation under section
501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of Health and Human
Services shall take into consideration any benefit which has accrued or
may accrue to the Government from the use of the property by the
State, political subdivision or instrumentality, or institution.
(e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of the Interior for disposal surplus real prop-
erty, including buildings, fixtures, and equipment situated on the prop-
erty, that the Secretary recommends as needed for use as a public park
or recreation area.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
the Interior of a proposed transfer, the Secretary, for public park or
recreation area use, may sell or lease property assigned to the Sec-
retary under paragraph (1) to a State, a political subdivision or instru-
mentality of a State, or a municipality.
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Secretary of the Interior shall take
into consideration any benefit which has accrued or may accrue to the
Government from the use of the property by the State, political subdivi-
sion or instrumentality, or municipality.
(4) DEED OF CONVEYANCE.—The deed of conveyance of any surplus
real property disposed of under this subsection—
(A) shall provide that all of the property be used and main-
tained for the purpose for which it was conveyed in perpetuity,
and that if the property ceases to be used or maintained for that
purpose, all or any portion of the property shall, in its then exist-
ing condition, at the option of the Government, revert to the Gov-
ernment; and
(B) may contain additional terms, reservations, restrictions, and
conditions the Secretary of the Interior determines are necessary
to safeguard the interests of the Government.
(f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Secretary of Housing and Urban Development for dis-
posal surplus real property, including buildings, fixtures, and equip-
ment situated on the property, that the Secretary recommends as need-
ed to provide housing or housing assistance for low-income individuals
or families.
(2) SALE OR LEASE.—Subject to disapproval by the Administrator
within 30 days after notice to the Administrator by the Secretary of
Housing and Urban Development of a proposed transfer, the Secretary,
to provide housing or housing assistance for low-income individuals or
families, may sell or lease property assigned to the Secretary under
paragraph (1) to a State, a political subdivision or instrumentality of
a State, or a nonprofit organization that exists for the primary purpose
of providing housing or housing assistance for low-income individuals
or families.
(3) SELF-HELP HOUSING.—
(A) IN GENERAL.—The Administrator shall disapprove a pro-
posed transfer of property under this subsection unless the Admin-
istrator determines that the property will be used for low-income
housing opportunities through the construction, rehabilitation, or
refurbishment of self-help housing, under terms requiring that—
(i) subject to subparagraph (B), an individual or family re-
ceiving housing or housing assistance through use of the
property shall contribute a significant amount of labor toward
the construction, rehabilitation, or refurbishment; and
(ii) dwellings constructed, rehabilitated, or refurbished
through use of the property shall be quality dwellings that
comply with local building and safety codes and standards
and shall be available at prices below prevailing market
prices.
(B) GUIDELINES FOR CONSIDERING DISABILITIES.—For pur-
poses of fulfilling self-help requirements under paragraph
(3)(A)(i), the Administrator shall ensure that nonprofit organiza-
tions receiving property under paragraph (2) develop and use
guidelines to consider any disability (as defined in section 3(2) of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).
(4) FIXING VALUE.—
(A) IN GENERAL.—In fixing the sale or lease value of property
disposed of under paragraph (2), the Secretary of Housing and
Urban Development shall take into consideration and discount the
value for any benefit which has accrued or may accrue to the Gov-
ernment from the use of the property by the State, political sub-
division or instrumentality, or nonprofit organization.
(B) AMOUNT OF DISCOUNT.—The amount of the discount under
subparagraph (A) is 75 percent of the market value of the prop-
erty, except that the Secretary of Housing and Urban Develop-
ment may discount by a greater percentage if the Secretary, in
consultation with the Administrator, determines that a higher per-
centage is justified.
(g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—
(1) ASSIGNMENT.—The Administrator, in the Administrator’s discre-
tion and under regulations that the Administrator may prescribe, may
assign to the Chief Executive Officer of the Corporation for National
and Community Service for disposal surplus property that the Chief
Executive Officer recommends as needed for national service activities.
(2) SALE, LEASE, OR DONATION.—Subject to disapproval by the Ad-
ministrator within 30 days after notice to the Administrator by the
Chief Executive Officer of a proposed transfer, the Chief Executive Of-
ficer, for national service activities, may sell, lease, or donate property
assigned to the Chief Executive Officer under paragraph (1) to an enti-
ty that receives financial assistance under the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.).
(3) FIXING VALUE.—In fixing the sale or lease value of property dis-
posed of under paragraph (2), the Chief Executive Officer shall take
into consideration any benefit which has accrued or may accrue to the
Government from the use of the property by the entity receiving the
property.
(h) PROPERTY FOR USE AS A HISTORIC MONUMENT.—
(1) CONVEYANCE.—
(A) IN GENERAL.—Without monetary consideration to the Gov-
ernment, the Administrator may convey to a State, a political sub-
division or instrumentality of a State, or a municipality, the right,
title, and interest of the Government in and to any surplus real
and related personal property that the Secretary of the Interior
determines is suitable and desirable for use as a historic monu-
ment for the benefit of the public.
(B) RECOMMENDATION BY NATIONAL PARK SYSTEM ADVISORY
BOARD.—Property may be determined to be suitable and desirable
for use as a historic monument only in conformity with a rec-
ommendation by the National Park System Advisory Board estab-
lished under section 3 of the Act of August 21, 1935 (16 U.S.C.
463) (known as the Historic Sites, Buildings, and Antiquities
Act). Only the portion of the property that is necessary for the
preservation and proper observation of the property’s historic fea-
tures may be determined to be suitable and desirable for use as
a historic monument.
(2) REVENUE-PRODUCING ACTIVITY.—
(A) IN GENERAL.—The Administrator may authorize use of any
property conveyed under this subsection for revenue-producing ac-
tivities if the Secretary of the Interior—
(i) determines that the activities are compatible with use of
the property for historic monument purposes;
(ii) approves the grantee’s plan for repair, rehabilitation,
restoration, and maintenance of the property;
(iii) approves the grantee’s plan for financing the repair,
rehabilitation, restoration, and maintenance of the property;
and
(iv) examines and approves the accounting and financial
procedures used by the grantee.
(B) USE OF EXCESS INCOME.—The Secretary of the Interior
may approve a grantee’s financial plan only if the plan provides
that the grantee shall use income exceeding the cost of repair, re-
habilitation, restoration, and maintenance only for public historic
preservation, park, or recreational purposes.
(C) AUDITS.—The Secretary of the Interior may periodically
audit the records of the grantee that are directly related to the
property conveyed.
(3) DEED OF CONVEYANCE.—The deed of conveyance of any surplus
real property disposed of under this subsection—
(A) shall provide that all of the property be used and main-
tained for historical monument purposes in perpetuity, and that if
the property ceases to be used or maintained for historical monu-
ment purposes, all or any portion of the property shall, in its then
existing condition, at the option of the Government, revert to the
Government; and
(B) may contain additional terms, reservations, restrictions, and
conditions the Administrator determines are necessary to safe-
guard the interests of the Government.
§ 551. Donations to American Red Cross
The Administrator of General Services, in the Administrator’s discretion
and under regulations that the Administrator may prescribe, may donate to
the American National Red Cross for charitable purposes property that the
American National Red Cross processed, produced, or donated and that has
been determined to be surplus property.
§ 552. Abandoned or unclaimed property on Government
premises
(a) AUTHORITY TO TAKE PROPERTYAdministrator of General Services
may take possession of abandoned or unclaimed property on premises owned
or leased by the Federal Government and determine when title to the prop-
erty vests in the Government. The Administrator may use, transfer, or oth-
erwise dispose of the property.
(b) CLAIM FILED BY FORMER OWNER.—If a former owner files a proper
claim within three years from the date that title to the property vests in
the Government, the former owner shall be paid an amount—
(1) equal to the proceeds realized from the disposition of the prop-
erty less costs incident to care and handling as determined by the Ad-
ministrator; or
(2) if the property has been used or transferred, equal to the fair
value of the property as of the time title vested in the Government less
costs incident to care and handling as determined by the Adminis-
trator.
§ 553. Property for correctional facility, law enforcement,
and emergency management response purposes
(a) DEFINITION.—In this section, the term ‘‘State’’ includes the District
of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the
Federated States of Micronesia, the Marshall Islands, Palau, and, the
Northern Mariana Islands.
(b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of Gen-
eral Services, in the Administrator’s discretion and under regulations that
the Administrator may prescribe, may transfer or convey to a State, or po-
litical subdivision or instrumentality of a State, surplus real and related per-
sonal property that—
(1) the Attorney General determines is required by the transferee or
grantee for correctional facility use under a program approved by the
Attorney General for the care or rehabilitation of criminal offenders;
(2) the Attorney General determines is required by the transferee or
grantee for law enforcement purposes; or
(3) the Director of the Federal Emergency Management Agency de-
termines is required by the transferee or grantee for emergency man-
agement response purposes including fire and rescue services.
(c) NO MONETARY CONSIDERATION.—A transfer or conveyance under
this section shall be made without monetary consideration to the Federal
Government.
(d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real
and related personal property disposed of under this section—
(1) shall provide that all of the property be used and maintained for
the purpose for which it was conveyed in perpetuity, and that if the
property ceases to be used or maintained for that purpose, all or any
portion of the property shall, in its then existing condition, at the op-
tion of the Government, revert to the Government; and
(2) may contain additional terms, reservations, restrictions, and con-
ditions that the Administrator determines are necessary to safeguard
the interests of the Government.
(e) ENFORCEMENT
AND REVISION
OF INSTRUMENTS TRANSFERRING
PROPERTY UNDER THIS SECTION.—The Administrator shall determine and
enforce compliance with the terms, conditions, reservations, and restrictions
contained in an instrument by which a transfer or conveyance under this
section is made. The Administrator shall reform, correct, or amend the in-
strument if necessary to correct the instrument or to conform the transfer
to the requirements of law. The Administrator shall grant a release from
any term, condition, reservation or restriction contained in the instrument,
and shall convey, quitclaim, or release to the transferee (or other eligible
user) any right or interest reserved to the Government by the instrument,
if the Administrator determines that the property no longer serves the pur-
pose for which it was transferred or that a release, conveyance, or quitclaim
deed will not prevent accomplishment of that purpose. The release, convey-
ance, or quitclaim deed may be made subject to terms and conditions that
the Administrator considers necessary to protect or advance the interests of
the Government.
§ 554. Property for development or operation of a port facil-
ity
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ means the
following:
(A) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act (Public Law 100–526; 10
U.S.C. 2687 note).
(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687
note).
(C) Section 2687 of title 10.
(2) STATE.—The term ‘‘State’’ includes the District of Columbia,
Puerto Rico, Guam, American Samoa, the Virgin Islands, the Fed-
erated States of Micronesia, the Marshall Islands, Palau, and the
Northern Mariana Islands.
(b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPOR-
TATION.—Under regulations that the Administrator of General Services,
after consultation with the Secretary of Defense, may prescribe, the Admin-
istrator, or the Secretary of Defense in the case of property located at a
military installation closed or realigned pursuant to a base closure law, may
assign to the Secretary of Transportation for disposal surplus real property,
including buildings, fixtures, and equipment situated on the property, that
the Secretary of Transportation recommends as needed for the development
or operation of a port facility.
(c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPOR-
TATION.
(1) IN GENERAL.—Subject to disapproval by the Administrator or
the Secretary of Defense within 30 days after notice of a proposed con-
veyance by the Secretary of Transportation, the Secretary of Transpor-
tation, for the development or operation of a port facility, may convey
property assigned to the Secretary of Transportation under subsection
(b) to a State or political subdivision, municipality, or instrumentality
of a State.
(2) CONVEYANCE REQUIREMENTS.—A transfer of property may be
made under this section only after the Secretary of Transportation
has—
(A) determined, after consultation with the Secretary of Labor,
that the property to be conveyed is located in an area of serious
economic disruption;
(B) received and, after consultation with the Secretary of Com-
merce, approved an economic development plan submitted by an
eligible grantee and based on assured use of the property to be
conveyed as part of a necessary economic development program;
and
(C) transmitted to Congress an explanatory statement that con-
tains information substantially similar to the information con-
tained in statements prepared under section 545(e) of this title.
(d) NO MONETARY CONSIDERATION.—A conveyance under this section
shall be made without monetary consideration to the Federal Government.
(e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real
and related personal property disposed of under this section shall—
(1) provide that all of the property be used and maintained for the
purpose for which it was conveyed in perpetuity, and that if the prop-
erty ceases to be used or maintained for that purpose, all or any por-
tion of the property shall, in its then existing condition, at the option
of the Government, revert to the Government; and
(2) contain additional terms, reservations, restrictions, and condi-
tions that the Secretary of Transportation shall by regulation require
to ensure use of the property for the purposes for which it was con-
veyed and to safeguard the interests of the Government.
(f) ENFORCEMENT
AND REVISION
OF INSTRUMENTS TRANSFERRING
PROPERTY UNDER THIS SECTION.—The Secretary of Transportation shall
determine and enforce compliance with the terms, conditions, reservations,
and restrictions contained in an instrument by which a transfer or convey-
ance under this section is made. The Secretary shall reform, correct, or
amend the instrument if necessary to correct the instrument or to conform
the transfer to the requirements of law. The Secretary shall grant a release
from any term, condition, reservation or restriction contained in the instru-
ment, and shall convey, quitclaim, or release to the grantee any right or in-
terest reserved to the Government by the instrument, if the Secretary deter-
mines that the property no longer serves the purpose for which it was trans-
ferred or that a release, conveyance, or quitclaim deed will not prevent ac-
complishment of that purpose. The release, conveyance, or quitclaim deed
may be made subject to terms and conditions that the Secretary considers
necessary to protect or advance the interests of the Government.
§ 555. Donation of law enforcement canines to handlers
The head of a federal agency having control of a canine that has been
used by a federal agency in the performance of law enforcement duties and
that has been determined by the agency to be no longer needed for official
purposes may donate the canine to an individual who has experience han-
dling canines in the performance of those duties.
§ 556. Disposal of dredge vessels
(a) IN GENERAL.—The Administrator of General Services, pursuant to
sections 521 through 527, 529, and 549 of this title, may dispose of a
United States Army Corps of Engineers vessel used for dredging, together
with related equipment owned by the Federal Government and under the
control of the Chief of Engineers, if the Secretary of the Army declares the
vessel to be in excess of federal needs.
(b) RECIPIENTS
AND
PURPOSES.—Disposal under this section is
accomplished—
(1) through sale or lease to—
(A) a foreign government as part of a Corps of Engineers tech-
nical assistance program;
(B) a federal or state maritime academy for training purposes;
or
(C) a non-federal public body for scientific, educational, or cul-
tural purposes; or
(2) through sale solely for scrap to foreign or domestic interests.
(c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall
not be disposed of under any law for the purpose of engaging in dredging
activities within the United States.
(d) DEPOSIT OF AMOUNTS COLLECTED.—Amounts collected from the
sale or lease of a vessel or equipment under this section shall be deposited
into the revolving fund authorized by section 101 (9th par.) of the Civil
Functions Appropriation Act, 1954 (33 U.S.C. 576), to be available, as pro-
vided in appropriation laws, for the operation and maintenance of vessels
under the control of the Corps of Engineers.
§ 557. Donation of books to Free Public Library
Subject to regulations under this subtitle, a book that is no longer needed
by an executive department, bureau, or commission of the Federal Govern-
ment, and that is not an advisable addition to the Library of Congress, shall
be turned over to the Free Public Library of the District of Columbia for
general use if the book is appropriate for the Free Public Library.
§ 558. Donation of forfeited vessels
(a) IN GENERAL.—A vessel that is forfeited to the Federal Government
may be donated, in accordance with procedures under this subtitle, to an
eligible institution described in subsection (b).
(b) ELIGIBLE INSTITUTION.—An eligible institution referred to in sub-
section (a) is an educational institution with a commercial fishing vessel
safety program or other vessel safety, education and training program. The
institution must certify to the federal officer making the donation that the
program includes, at a minimum, all of the following courses in vessel safe-
ty:
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c) TERMS AND CONDITIONS.—The donation of a vessel under this sec-
tion shall be made on terms and conditions considered appropriate by the
federal officer making the donation. All of the following terms and condi-
tions are required:
(1) NO WARRANTY.—The institution must accept the vessel as is,
where it is, and without warranty of any kind and without any rep-
resentation as to its condition or suitability for use.
(2) MAINTENANCE.—The institution is responsible for maintaining
the vessel.
(3) INSTRUCTION ONLY.—The vessel may be used only for instruct-
ing students in a vessel safety education and training program.
(4) DOCUMENTATION.—If the vessel is eligible to be documented, it
must be documented by the institution as a vessel of the United States
under chapter 121 of title 46. The requirements of paragraph (5) must
be noted on the permanent record of the vessel.
(5) DISPOSAL.—The institution must obtain prior approval from the
Administrator of General Services before disposing of the vessel and
any proceeds from disposal shall be payable to the Government.
(6) INSPECTION OR REGULATION.—The vessel shall be inspected or
regulated in the same manner as a nautical school vessel under chapter
33 of title 46.
(d) GOVERNMENT LIABILITY.—The Government is not liable in an action
arising out of the transfer or use of a vessel transferred under this section.
§ 559. Advice of Attorney General with respect to antitrust
law
(a) DEFINITION.—In this section, the term ‘‘antitrust law’’ includes—
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).
(b) ADVICE REQUIRED.—
(1) IN GENERAL.—An executive agency shall not dispose of property
to a private interest until the agency has received the advice of the At-
torney General on whether the disposal to a private interest would tend
to create or maintain a situation inconsistent with antitrust law.
(2) EXCEPTION.—This section does not apply to disposal of—
(A) real property, if the estimated fair market value is less than
$3,000,000; or
(B) personal property (other than a patent, process, technique,
or invention), if the estimated fair market value is less than
$3,000,000.
(c) NOTICE TO ATTORNEY GENERAL.—
(1) IN GENERAL.—An executive agency that contemplates disposing
of property to a private interest shall promptly transmit notice of the
proposed disposal, including probable terms and conditions, to the At-
torney General.
(2) COPY.—Except for the General Services Administration, an exec-
utive agency that transmits notice under paragraph (1) shall simulta-
neously transmit a copy of the notice to the Administrator of General
Services.
(d) ADVICE FROM ATTORNEY GENERAL.—Within a reasonable time, not
later than 60 days, after receipt of notice under subsection (c), the Attorney
General shall advise the Administrator and any interested executive agency
whether, so far as the Attorney General can determine, the proposed dis-
position would tend to create or maintain a situation inconsistent with anti-
trust law.
(e) REQUEST FOR INFORMATION.—On request from the Attorney Gen-
eral, the head of an executive agency shall furnish information the agency
possesses that the Attorney General determines is appropriate or necessary
to—
(1) give advice required by this section; or
(2) determine whether any other disposition or proposed disposition
of surplus property violates antitrust law.
(f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair,
amend, or modify antitrust law or limit or prevent application of antitrust
law to a person acquiring property under this subtitle.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
§ 571. General rules for deposit and use of proceeds
(a) DEPOSIT IN TREASURY AS MISCELLANEOUS RECEIPTS.—
(1) IN GENERAL.—Except as otherwise provided in this subchapter,
proceeds described in paragraph (2) shall be deposited in the Treasury
as miscellaneous receipts.
(2) PROCEEDS.—The proceeds referred to in paragraph (1) are pro-
ceeds under this chapter from a—
(A) transfer of excess property to a federal agency for agency
use; or
(B) sale, lease, or other disposition of surplus property.
(b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject to
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,
and the buildings under the jurisdiction of the regents of the Smithso-
nian Institution.
§ 583. Construction of buildings
(a) AUTHORITY.—At the request of a federal agency, a mixed-ownership
Government corporation (as defined in chapter 91 of title 31), or the Dis-
trict of Columbia, the Administrator of General Services may—
(1) acquire land for a building or project authorized by Congress;
(2) make or cause to be made (under contract or otherwise) surveys
and test borings and prepare plans and specifications for a building or
project prior to the Attorney General’s approval of the title to the site;
and
(3) contract for, and supervise, the construction, development, and
equipping of a building or project.
(b) TRANSFER OF AMOUNTS.—An amount available to a federal agency
or instrumentality for a building or project may be transferred, in advance,
to the General Services Administration for purposes the Administrator de-
termines are necessary, including payment of salaries and expenses for pre-
paring plans and specifications and for field supervision.
§ 584. Assignment and reassignment of space
(a) AUTHORITY.—
(1) IN GENERAL.—Subject to paragraph (2), the Administrator of
General Services may assign or reassign space for an executive agency
in any Federal Government-owned or leased building.
(2) REQUIREMENTS.—The Administrator’s authority under para-
graph (1) may be exercised only—
(A) in accordance with policies and directives the President pre-
scribes under section 121(a) of this title;
(B) after consultation with the head of the executive agency af-
fected; and
(C) on a determination by the Administrator that the assign-
ment or reassignment is advantageous to the Government in terms
of economy, efficiency, or national security.
(b) PRIORITY FOR PUBLIC ACCESS.—In assigning space on a major pe-
destrian access level (other than space leased under section 581(h)(1) or (2)
of this title), the Administrator shall, where practicable, give priority to fed-
eral activities requiring regular contact with the public. If the space is not
available, the Administrator shall provide space with maximum ease of ac-
cess to building entrances.
§ 585. Lease agreements
(a) IN GENERAL.—
(1) AUTHORITY.—The Administrator of General Services may enter
into a lease agreement with a person, copartnership, corporation, or
other public or private entity for the accommodation of a federal agen-
cy in a building (or improvement) which is in existence or being erected
by the lessor to accommodate the federal agency. The Administrator
may assign and reassign the leased space to a federal agency.
(2) TERMS.—A lease agreement under this subsection shall be on
terms the Administrator considers to be in the interest of the Federal
Government and necessary for the accommodation of the federal agen-
cy. However, the lease agreement may not bind the Government for
more than 20 years and the obligation of amounts for a lease under
this subsection is limited to the current fiscal year for which payments
are due without regard to section 1341(a)(1)(B) of title 31.
(b) SUBLEASE.—
(1) APPLICATION.—This subsection applies to rent received if the
Administrator—
(A) determines that an unexpired portion of a lease of space to
the Government is surplus property; and
(B) disposes of the property by sublease.
(2) USE OF RENT.—Notwithstanding section 571(a) of this title, the
Administrator may deposit rent received into the Federal Buildings
Fund. The Administrator may defray from the fund any costs nec-
essary to provide services to the Government’s lessee and to pay the
rent (not otherwise provided for) on the lease of the space to the Gov-
ernment.
(c) AMOUNTS FOR RENT AVAILABLE FOR LEASE OF BUILDINGS ON GOV-
ERNMENT LAND.—Amounts made available to the General Services Admin-
istration for the payment of rent may be used to lease space, for a period
of not more than 30 years, in buildings erected on land owned by the Gov-
ernment.
§ 586. Charges for space and services
(a) DEFINITION.—In this section, ‘‘space and services’’ means space,
services, quarters, maintenance, repair, and other facilities.
(b) CHARGES BY ADMINISTRATOR OF GENERAL SERVICES.—
(1) IN GENERAL.—The Administrator of General Services shall im-
pose a charge for furnishing space and services.
(2) RATES.—The Administrator shall, from time to time, determine
the rates to be charged for furnishing space and services and shall pre-
scribe regulations providing for the rates. The rates shall approximate
commercial charges for comparable space and services. However, for a
building for which the Administrator is responsible for alterations only
(as the term ‘‘alter’’ is defined in section 3301(a) of this title), the
rates shall be fixed to recover only the approximate cost incurred in
providing alterations.
(3) EXEMPTIONS.—The Administrator may exempt anyone from the
charges required by this subsection when the Administrator determines
that charges would be infeasible or impractical. To the extent an ex-
emption is granted, appropriations to the General Services Administra-
tion are authorized to reimburse the Federal Buildings Fund for any
loss of revenue.
(c) CHARGES BY EXECUTIVE AGENCIES.—
(1) IN GENERAL.—An executive agency, other than the Administra-
tion, may impose a charge for furnishing space and services at rates
approved by the Administrator.
(2) CREDITING AMOUNTS RECEIVED.—An amount an executive agen-
cy receives under this subsection shall be credited to the appropriation
or fund initially charged for providing the space or service. However,
amounts in excess of actual operating and maintenance costs shall be
credited to miscellaneous receipts unless otherwise provided by law.
(d) RENT PAYMENTS FOR LEASE SPACE.—An agency may make rent
payments to the Administration for lease space relating to expansion needs
of the agency. Payment rates shall approximate commercial charges for
comparable space as provided in subsection (b). Payments shall be deposited
into the Federal Buildings Fund. The Administration may use amounts re-
ceived under this subsection, in addition to amounts received as New
Obligational Authority, in the Rental of Space activity of the Fund.
§ 587. Telecommuting and other alternative workplace ar-
rangements
(a) DEFINITION.—In this section, the term ‘‘telecommuting centers’’
means flexiplace work telecommuting centers.
(b) TELECOMMUTING CENTERS ESTABLISHED BY ADMINISTRATOR OF
GENERAL SERVICES.—
(1) ESTABLISHMENT.—The Administrator of General Services may
acquire space for, establish, and equip telecommuting centers for use
in accordance with this subsection.
(2) USE.—A telecommuting center may be used by employees of fed-
eral agencies, state and local governments, and the private sector. The
Administrator shall give federal employees priority in using a telecom-
muting center. The Administrator may make a telecommuting center
available for use by others to the extent it is not fully utilized by fed-
eral employees.
(3) USER FEES.—The Administrator shall charge a user fee for the
use of a telecommuting center. The amount of the user fee shall ap-
proximate commercial charges for comparable space and services. How-
ever, the user fee may not be less than necessary to pay the cost of
establishing and operating the telecommuting center, including the rea-
sonable cost of renovation and replacement of furniture, fixtures, and
equipment.
(4) DEPOSIT AND USE OF FEES.—The Administrator may—
(A) deposit user fees into the Federal Buildings Fund and use
the fees to pay costs incurred in establishing and operating the
telecommuting center; and
(B) accept and retain income received by the General Services
Administration, from federal agencies and non-federal sources, to
defray costs directly associated with the functions of telecom-
muting centers.
(c) DEVELOPMENT OF ALTERNATIVE WORKPLACE ARRANGEMENTS BY
EXECUTIVE AGENCIES AND OTHERS.—
(1) DEFINITION.—In this subsection, the term ‘‘alternative work-
place arrangements’’ includes telecommuting, hoteling, virtual offices,
and other distributive work arrangements.
(2) CONSIDERATION
BY
EXECUTIVE
AGENCIES.—In considering
whether to acquire space, quarters, buildings, or other facilities for use
by employees, the head of an executive agency shall consider whether
needs can be met using alternative workplace arrangements.
(3) GUIDANCE FROM ADMINISTRATOR.—The Administrator may pro-
vide guidance, assistance, and oversight to any person regarding the es-
tablishment and operation of alternative workplace arrangements.
(d) AMOUNTS AVAILABLE
FOR FLEXIPLACE WORK TELECOMMUTING
PROGRAMS.—
(1) DEFINITION.—In this subsection, the term ‘‘flexiplace work tele-
commuting program’’ means a program under which employees of a de-
partment or agency set out in paragraph (2) are permitted to perform
all or a portion of their duties at a telecommuting center established
under this section or other federal law.
(2) MINIMUM FUNDING.—For each of the following departments and
agencies, in each fiscal year at least $50,000 of amounts made avail-
able for salaries and expenses is available only for carrying out a
flexiplace work telecommuting program:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Housing and Urban Development.
(H) Department of the Interior.
(I) Department of Justice.
(J) Department of Labor.
(K) Department of State.
(L) Department of Transportation.
(M) Department of the Treasury.
(N) Department of Veterans Affairs.
(O) Environmental Protection Agency.
(P) General Services Administration.
(Q) Office of Personnel Management.
(R) Small Business Administration.
(S) Social Security Administration.
(T) United States Postal Service.
§ 588. Movement and supply of office furniture
(a) DEFINITION.—In this section, the term ‘‘controlled space’’ means a
substantial and identifiable segment of space (such as a building, floor, or
wing) in a location that the Administrator of General Services controls for
purposes of assignment of space.
(b) APPLICATION.—This section applies if an agency (or unit of the agen-
cy), moves from one controlled space to another, whether in the same or
a different location.
(c) MOVING EXISTING FURNITURE.—The furniture and furnishings used
by an agency (or organizational unit of the agency) shall be moved only if
the Administrator determines, after consultation with the head of the agen-
cy and with due regard for the program activities of the agency, that it
would not be more economical and efficient to make suitable replacements
available in the new controlled space.
(d) PROVIDING REPLACEMENT FURNITURE.—In the absence of a deter-
mination under subsection (c), suitable furniture and furnishings for the
new controlled space shall be provided from stocks under the control of the
moving agency or from stocks available to the Administrator, whichever the
Administrator determines to be more economical and efficient. However, the
same or similar items may not be provided from both sources.
(e) CONTROL
OF REPLACEMENT FURNITURE.—If furniture and fur-
nishings for a new controlled space are provided from stocks available to
the Administrator, the items being provided remain in the control of the Ad-
ministrator.
(f) CONTROL OF FURNITURE NOT MOVED.—
(1) IN GENERAL.—If furniture and furnishings for a new controlled
space are provided from stocks available to the Administrator, the fur-
niture and furnishings that were previously used by the moving agency
(or unit of the agency) pass to the control of the Administrator.
(2) REIMBURSEMENT.—
(A) IN GENERAL.—Furniture and furnishings passing to the
control of the Administrator under this section pass without reim-
bursement.
(B) EXCEPTION
FOR
TRUST
FUND.—If furniture and fur-
nishings that were purchased from a trust fund pass to the control
of the Administrator under this section, the Administrator shall
reimburse the trust fund for the fair market value of the furniture
and furnishings.
(3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and fur-
nishings are carried as assets of a revolving or working capital fund
at the time they pass to the control of the Administrator under this
section, the net book value of the furniture and furnishings shall be
written off and the capital of the fund is diminished by the amount
of the write-off.
§ 589. Installation, repair, and replacement of sidewalks
(a) IN GENERAL.—An executive agency may install, repair, and replace
sidewalks around buildings, installations, property, or grounds that are—
(1) under the agency’s control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or a
territory or possession of the United States.
(b) REIMBURSEMENT.—Subsection (a) may be carried out by—
(1) reimbursement to a State or political subdivision of a State, the
District of Columbia, Puerto Rico, or a territory or possession of the
United States; or
(2) a means other than reimbursement.
(c) REGULATIONS.—Subsection (a) shall be carried out in accordance
with regulations the Administrator of General Services prescribes with the
approval of the Director of the Office of Management and Budget.
(d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for
installation, repair, and maintenance, generally, are available to carry out
this section.
(e) LIABILITY.—This section does not increase or enlarge the tort liability
of the Government for injuries to individuals or damages to property.
§ 590. Child care
(a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.—Through the General
Services Administration’s licensing agreements, the Administrator of Gen-
eral Services shall provide guidance, assistance, and oversight to federal
agencies for the development of child care centers to provide economical and
effective child care for federal workers.
(b) ALLOTMENT OF SPACE IN FEDERAL BUILDINGS.—
(1) DEFINITIONS.—In this subsection, the following definitions
apply:
(A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’
means an individual or entity that provides or proposes to provide
child care services for federal employees.
(B) ALLOTMENT
OFFICER.—The term ‘‘allotment officer’’
means an officer or agency of the Federal Government charged
with the allotment of space in federal buildings.
(2) ALLOTMENT.—A child care provider may be allotted space in a
federal building by an allotment officer if—
(A) the child care provider applies to the allotment officer in the
community or district in which child care services are to be pro-
vided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care services to
children of whom at least 50 percent have one parent or
guardian employed by the Government; and
(ii) the child care provider will give priority to federal em-
ployees for available child care services in the space.
(c) PAYMENT FOR SPACE AND SERVICES.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘serv-
ices’’ includes the providing of lighting, heating, cooling, electricity, of-
fice furniture, office machines and equipment, classroom furnishings
and equipment, kitchen appliances, playground equipment, telephone
service (including installation of lines and equipment and other ex-
penses associated with telephone services), and security systems (in-
cluding installation and other expenses associated with security sys-
tems), including replacement equipment, as needed.
(2) NO CHARGE.—Space allotted under subsection (b) may be pro-
vided without charge for rent or services.
(3) REIMBURSEMENT FOR COSTS.—For space allotted under sub-
section (b), if there is an agreement for the payment of costs associated
with providing space or services, neither title 31, nor any other law,
prohibits or restricts payment by reimbursement to the miscellaneous
receipts or other appropriate account of the Treasury.
(d) PAYMENT OF OTHER COSTS.—If an agency has a child care facility
in its space, or is a sponsoring agency for a child care facility in other fed-
eral or leased space, the agency or the Administration may—
(1) pay accreditation fees, including renewal fees, for the child care
facility to be accredited by a nationally recognized early-childhood pro-
fessional organization;
(2) pay travel and per diem expenses for representatives of the child
care facility to attend the annual Administration child care conference;
and
(3) enter into a consortium with one or more private entities under
which the private entities assist in defraying costs associated with the
salaries and benefits for personnel providing services at the facility.
(e) REIMBURSEMENT FOR EMPLOYEE TRAINING.—Notwithstanding sec-
tion 1345 of title 31, an agency, department, or instrumentality of the Gov-
ernment that provides or proposes to provide child care services for federal
employees may reimburse a federal employee or any individual employed to
provide child care services for travel, transportation, and subsistence ex-
penses incurred for training classes, conferences, or other meetings in con-
nection with providing the services. A per diem allowance made under this
subsection may not exceed the rate specified in regulations prescribed under
section 5707 of title 5.
(f) CRIMINAL HISTORY BACKGROUND CHECKS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive facility’’
means a facility owned or leased by an office or entity within the execu-
tive branch of the Government. The term includes a facility owned or
leased by the General Services Administration on behalf of an office or
entity within the judicial branch of the Government.
(2) IN GENERAL.—All workers in a child care center located in an
executive facility shall undergo a criminal history background check as
defined in section 231 of the Crime Control Act of 1990 (42 U.S.C.
13041).
(3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This
subsection does not apply to a facility owned by or leased on behalf
of an office or entity within the legislative branch of the Government.
(g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.—
(1) DEFINITION.—For purposes of this subsection, the term ‘‘Execu-
tive agency’’ has the meaning given that term in section 105 of title
5, but does not include the General Accounting Office.
(2) IN GENERAL.—In accordance with regulations the Office of Per-
sonnel Management prescribes, an Executive agency that provides or
proposes to provide child care services for federal employees may use
appropriated amounts that are otherwise available for salaries and ex-
penses to provide child care in a federal or leased facility, or through
contract, for civilian employees of the agency.
(3) AFFORDABILITY.—Amounts used pursuant to paragraph (2)
shall be applied to improve the affordability of child care for lower in-
come federal employees using or seeking to use the child care services.
(4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts
may be paid in advance to licensed or regulated child care providers
for services to be rendered during an agreed period.
(5) NOTIFICATION.—No amounts made available by law may be used
to implement this subsection without advance notice to the Committees
on Appropriations of the House of Representatives and the Senate.
§ 591. Purchase of electricity
(a) GENERAL LIMITATION ON USE OF AMOUNTS.—A department, agen-
cy, or instrumentality of the Federal Government may not use amounts ap-
propriated or made available by any law to purchase electricity in a manner
inconsistent with state law governing the provision of electric utility service,
including—
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under
state statute, state regulation, or state-approved territorial agreements.
(b) EXCEPTIONS.—
(1) ENERGY SAVINGS.—This section does not preclude the head of
a federal agency from entering into a contract under section 801 of the
National Energy Conservation Policy Act (42 U.S.C. 8287).
(2) ENERGY SAVINGS FOR MILITARY INSTALLATIONS.—This section
does not preclude the Secretary of a military department from—
(A) entering into a contract under section 2394 of title 10; or
(B) purchasing electricity from any provider if the Secretary
finds that the utility having the applicable state-approved fran-
chise (or other service authorization) is unwilling or unable to
meet unusual standards of service reliability that are necessary for
purposes of national defense.
§ 592. Federal Buildings Fund
(a) EXISTENCE.—There is in the Treasury a fund known as the Federal
Buildings Fund.
(b) DEPOSITS.—
(1) IN GENERAL.—The following revenues and collections shall be
deposited into the Fund:
(A) User charges under section 586(b) of this title, payable in
advance or otherwise.
(B) Proceeds from the lease of federal building sites or addi-
tions under section 581(d) of this title.
(C) Receipts from carriers and others for loss of, or damage to,
property belonging to the Fund.
(2) REIMBURSEMENTS
FOR
SPECIAL
SERVICES.—This subchapter
does not preclude the Administrator of General Services from providing
special services, not included in the standard level user charge, on a
reimbursable basis. The reimbursements may be credited to the Fund.
(3) TRANSFER OF SURPLUS AMOUNTS.—To prevent the accumula-
tion of excessive surpluses in the Fund, in any fiscal year an amount
specified in an appropriation law may be transferred out of the Fund
and deposited as miscellaneous receipts in the Treasury.
(c) USES.—
(1) IN GENERAL.—Deposits in the Fund are available for real prop-
erty management and related activities in the amounts specified in an-
nual appropriation laws without regard to fiscal year limitations.
(2) SALARIES
AND
EXPENSES
RELATED
TO
CONSTRUCTION
PROJECTS OR PLANNING PROGRAMS.—Deposits in the Fund that are
available pursuant to annual appropriation laws may be transferred
and consolidated on the books of the Treasury into a special account
in accordance with, and for the purposes specified in, section 3176 of
this title.
(3) REPAYMENT
OF
GENERAL
SERVICES
ADMINISTRATION
BOR-
ROWING FROM FEDERAL FINANCING BANK.—The Administrator, in ac-
cordance with rules and procedures that the Office of Management and
Budget and the Secretary of the Treasury establish, may transfer from
the Fund an amount necessary to repay the principal amount of a Gen-
eral Services Administration borrowing from the Federal Financing
Bank, if the borrowing is a legal obligation of the Fund.
(4) BUILDINGS
DEEMED
FEDERALLY
OWNED.—For purposes of
amounts authorized to be expended from the Fund, the following are
deemed to be federally owned buildings:
(A) A building constructed pursuant to the purchase contract
authority of section 5 of the Public Buildings Amendments of
1972 (Public Law 92–313, 86 Stat. 219).
(B) A building occupied pursuant to an installment purchase
contract.
(C) A building under the control of a department or agency, if
alterations of the building are required in connection with moving
the department or agency from a former building that is, or will
be, under the control of the Administration.
(d) ENERGY MANAGEMENT PROGRAMS.—
(1) RECEIVING CASH INCENTIVES.—The Administrator may receive
amounts from rebates or other cash incentives related to energy savings
and shall deposit the amounts in the Fund for use as provided in para-
graph (4).
(2) RECEIVING GOODS OR SERVICES.—The Administrator may ac-
cept, from a utility, goods or services that enhance the energy efficiency
of federal facilities.
(3) ASSIGNMENT OF ENERGY REBATES.—In the administration of
real property that the Administrator leases and for which the Adminis-
trator pays utility costs, the Administrator may assign all or a portion
of energy rebates to the lessor to underwrite the costs incurred in un-
dertaking energy efficiency improvements in the real property if the
payback period for the improvement is at least 2 years less than the
remainder of the term of the lease.
(4) OBLIGATING AMOUNTS FOR ENERGY MANAGEMENT IMPROVE-
MENT PROGRAMS.—In addition to amounts appropriated for energy
management improvement programs and without regard to subsection
(c)(1), the Administrator may obligate for those programs—
(A) amounts received and deposited in the Fund under para-
graph (1);
(B) goods and services received under paragraph (2); and
(C) amounts the Administrator determines are not needed for
other authorized projects and that are otherwise available to im-
plement energy efficiency programs.
(e) RECYCLING PROGRAMS.—
(1) RECEIVING AMOUNTS.—The Administrator may receive amounts
from the sale of recycled materials and shall deposit the amounts in
the Fund for use as provided in paragraph (2).
(2) OBLIGATING AMOUNTS FOR RECYCLING PROGRAMS.—In addition
to amounts appropriated for such purposes and without regard to sub-
section (c)(1), the Administrator may obligate amounts received and
deposited in the Fund under paragraph (1) for programs which—
(A) promote further source reduction and recycling programs;
and
(B) encourage employees to participate in recycling programs by
providing financing for child care.
(f) ADDITIONAL AUTHORITY RELATED TO ENERGY MANAGEMENT AND
RECYCLING PROGRAMS.—The Fund may receive, in the form of rebates,
cash incentives or otherwise, any revenues, collections, or other income re-
lated to energy savings or recycling efforts. Amounts received under this
subsection remain in the Fund until expended and remain available for fed-
eral energy management improvement programs, recycling programs, or em-
ployee programs that are authorized by law or that the Administrator con-
siders appropriate. The Administration may use amounts received under
this subsection, in addition to amounts received as New Obligational Au-
thority, in activities of the Fund as necessary.
§ 593. Protection for veterans preference employees
(a) DEFINITIONS.—In this section, the following definitions apply:
(1) COVERED SERVICES.—The term ‘‘covered services’’ means any
guard, elevator operator, messenger, or custodial services.
(2) SHELTERED
WORKSHOP.—The term ‘‘sheltered workshop’’
means a sheltered workshop employing the severely handicapped under
the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.).
(b) IN GENERAL.—Except as provided in subsection (c), amounts made
available to the Administration pursuant to section 592 of this title may not
be obligated or expended to procure covered services by contract if an em-
ployee who was a permanent veterans preference employee of the Adminis-
tration on November 19, 1995, would be terminated as a result.
(c) EXCEPTION.—Amounts made available to the Administration pursu-
ant to section 592 of this title may be obligated and expended to procure
covered services by contract with a sheltered workshop or, if sheltered work-
shops decline to contract for the provision of covered services, by competitive
contract for a period of no longer than 5 years. When a competitive contract
expires, or is terminated for any reason, the Administration shall again offer
to procure the covered services by contract with a sheltered workshop before
procuring the covered services by competitive contract.
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND
TRANSPORTATION SYSTEMS
§ 601. Purposes
In order to provide an economical and efficient system for transportation
of Federal Government personnel and property consistent with section 101
of this title, the purposes of this subchapter are—
(1) to establish procedures to ensure safe operation of motor vehicles
on Government business;
(2) to provide for proper identification of Government motor vehicles;
(3) to establish an effective means to limit the use of Government
motor vehicles to official purposes;
(4) to reduce the number of Government-owned vehicles to the min-
imum necessary to transact public business; and
(5) to provide wherever practicable for centrally operated interagency
pools or systems for local transportation of Government personnel and
property.
§ 602. Authority to establish motor vehicle pools and trans-
portation systems
(a) IN GENERAL.—Subject to section 603 of this title, and regulations
issued under section 603, the Administrator of General Services shall—
(1) take over from executive agencies and consolidate, or otherwise
acquire, motor vehicles and related equipment and supplies;
(2) provide for the establishment, maintenance, and operation (in-
cluding servicing and storage) of motor vehicle pools or systems; and
(3) furnish motor vehicles and related services to executive agencies
for the transportation of property and passengers.
(b) METHODS OF PROVIDING VEHICLES AND SERVICES.—As determined
by the Administrator, motor vehicles and related services may be furnished
by providing an agency with—
(1) Federal Government-owned motor vehicles;
(2) the use of motor vehicles, under rental or other arrangements,
through private fleet operators, taxicab companies, or local or interstate
common carriers; or
(3) both.
(c) RECIPIENTS OF VEHICLES AND SERVICES.—The Administrator shall,
so far as practicable, furnish motor vehicles and related services under this
section to any federal agency, mixed-ownership Government corporation (as
defined in chapter 91 of title 31), or the District of Columbia, on its re-
quest.
§ 603. Process for establishing motor vehicle pools and
transportation systems
(a) DETERMINATION REQUIREMENT.—
(1) IN GENERAL.—The Administrator of General Services may carry
out section 602 only if the Administrator determines, after consultation
with the agencies concerned and with due regard to their program ac-
tivities, that doing so is advantageous to the Federal Government in
terms of economy, efficiency, or service.
(2) ELEMENTS OF THE DETERMINATION.—A determination under
this section must be in writing. For each motor vehicle pool or system,
the determination must set forth an analytical justification that
includes—
(A) a detailed comparison of estimated costs for present and
proposed modes of operation; and
(B) a showing that savings can be realized by the establishment,
maintenance, and operation of a motor vehicle pool or system.
(b) REGULATIONS RELATED TO ESTABLISHMENT.—
(1) IN GENERAL.—The President shall prescribe regulations estab-
lishing procedures to carry out section 602 of this title.
(2) ELEMENTS OF THE REGULATIONS.—The regulations shall pro-
vide for—
(A) adequate notice to an executive agency of any determination
that affects the agency or its functions;
(B) independent review and decision as directed by the Presi-
dent of any determination disputed by an agency, with the possi-
bility that the decision may include a partial or complete exemp-
tion of the agency from the determination; and
(C) enforcement of determinations that become effective under
the regulations.
(3) EFFECT OF THE REGULATIONS.—A determination under sub-
section (a) is binding on an agency only as provided in regulations
issued under this subsection.
§ 604. Treatment of assets taken over to establish motor ve-
hicle pools and transportation systems
(a) REIMBURSEMENT.—
(1) REQUIREMENT.—When the Administrator of General Services
takes over motor vehicles or related equipment or supplies under sec-
tion 602 of this title, reimbursement is required if the property is taken
over from—
(A) a Government corporation; or
(B) an agency, if the agency acquired the property through un-
reimbursed expenditures made from a revolving or trust fund au-
thorized by law.
(2) AMOUNT.—The Administrator shall reimburse a Government cor-
poration, or a fund through which an agency acquired property, by an
amount equal to the fair market value of the property. If the Adminis-
trator subsequently returns property of a similar kind under section
610 of this title, the Government corporation or the fund shall reim-
burse the Administrator by an amount equal to the fair market value
of the property returned.
(b) ADDITION TO GENERAL SUPPLY FUND.—If the Administrator takes
over motor vehicles or related equipment or supplies under section 602 of
this title but reimbursement is not required under subsection (a), the value
of the property taken over, as determined by the Administrator, may be
added to the capital of the General Supply Fund. If the Administrator sub-
sequently returns property of a similar kind under section 610 of this title,
the value of the property may be deducted from the Fund.
§ 605. Payment of costs
(a) USE OF GENERAL SUPPLY FUND TO COVER COSTS.—The General
Supply Fund provided for in section 321 of this title is available for use
by or under the direction and control of the Administrator of General Serv-
ices to pay the costs of carrying out section 602 of this title, including the
cost of purchasing or renting motor vehicles and related equipment and sup-
plies.
(b) SETTING PRICES TO RECOVER COSTS.—
(1) IN GENERAL.—The Administrator shall set prices for furnishing
motor vehicles and related services under section 602 of this title.
Prices shall be set to recover, so far as practicable, all costs of carrying
out section 602 of this title.
(2) INCREMENT FOR REPLACEMENT COST.—In the Administrator’s
discretion, prices may include an increment for the estimated replace-
ment cost of motor vehicles and related equipment and supplies. Not-
withstanding section 321(f)(1) of this title, the increment may be re-
tained as a part of the capital of the General Supply Fund but is avail-
able only to replace motor vehicles and related equipment and supplies.
(c) ACCOUNTING METHOD.—The purchase price of motor vehicles and re-
lated equipment, and any increment for estimated replacement cost, shall
be recovered only through charges for the cost of amortization. Costs shall
be determined, and financial reports prepared, in accordance with the ac-
crual accounting method.
§ 606. Regulations related to operation
(a) IN GENERAL.—The Director of the Office of Personnel Management
shall prescribe regulations to govern executive agencies in authorizing civil-
ian personnel to operate Federal Government-owned motor vehicles for offi-
cial purposes within the States of the United States, the District of Colum-
bia, Puerto Rico, and the territories and possessions of the United States.
(b) ELEMENTS OF THE REGULATIONS.—The regulations shall prescribe
standards of physical fitness for authorized operators. The regulations may
require operators and prospective operators to obtain state and local licenses
or permits that are required to operate similar vehicles for other than offi-
cial purposes.
(c) AGENCY ORDERS.—The head of each executive agency shall issue or-
ders and directives necessary for compliance with the regulations. The or-
ders and directives shall provide for—
(1) periodically testing the physical fitness of operators and prospec-
tive operators; and
(2) suspension and revocation of authority to operate.
§ 607. Records
The Administrator of General Services shall maintain an accurate record
of the cost of establishing, maintaining, and operating each motor vehicle
pool or system established under section 602 of this title.
§ 608. Scrip, tokens, tickets
The Administrator of General Services, in the operation of motor vehicle
pools or systems under this subchapter, may provide for the sale and use
of scrip, tokens, tickets, and similar devices to collect payment.
§ 609. Identification of vehicles
(a) IN GENERAL.—Under regulations prescribed by the Administrator of
General Services, every motor vehicle acquired and used for official purposes
within the United States, or the territories or possessions of the United
States, by any federal agency or by the District of Columbia shall be con-
spicuously identified by showing, on the vehicle—
(1)(A) the full name of the department, establishment, corporation,
or agency that uses the vehicle and the service for which the vehicle
is used; or
(B) a title that readily identifies the department, establishment, cor-
poration, or agency that uses the vehicle and that is descriptive of the
service for which the vehicle is used; and
(2) the legend ‘‘For official use only’’.
(b) EXCEPTIONS.—The regulations prescribed pursuant to this section
may provide for exemptions when conspicuous identification would interfere
with the purpose for which a vehicle is acquired and used.
§ 610. Discontinuance of motor vehicle pool or system
(a) IN GENERAL.—The Administrator of General Services shall dis-
continue a motor vehicle pool or system if there are no actual savings real-
ized (based on accounting as provided in section 605 of this title) during
a reasonable period of not longer than two successive fiscal years.
(b) RETURN OF COMPARABLE PROPERTY.—If a motor vehicle pool or
system is discontinued, the Administrator shall return to each agency in-
volved motor vehicles and related equipment and supplies similar in kind
and reasonably comparable in value to any motor vehicles and related equip-
ment and supplies which were previously taken over by the Administrator.
§ 611. Duty to report violations
During the regular course of the duties of the Administrator of General
Services, if the Administrator becomes aware of a violation of section 1343,
1344, or 1349(b) of title 31 or of section 641 of title 18 involving the con-
version by a Federal Government official or employee of a Government-
owned or leased motor vehicle to the official or employee’s own use or to
the use of others, the Administrator shall report the violation to the head
of the agency in which the official or employee is employed, for further in-
vestigation and either appropriate disciplinary action under section 1343,
1344, or 1349(b) or, if appropriate, referral to the Attorney General for
prosecution under section 641.
CHAPTER 7—FOREIGN EXCESS PROPERTY
Sec.
701.
Administrative.
702.
Return of foreign excess property to United States.
703.
Donation of medical supplies for use in foreign country.
704.
Other methods of disposal.
705.
Handling of proceeds from disposal.
§ 701. Administrative
(a) POLICIES PRESCRIBED BY THE PRESIDENT.—The President may pre-
scribe policies that the President considers necessary to carry out this chap-
ter. The policies must be consistent with this chapter.
(b) EXECUTIVE AGENCY RESPONSIBILITY.—
(1) IN GENERAL.—The head of an executive agency that has foreign
excess property is responsible for the disposal of the property.
(2) CONFORMANCE TO POLICIES.—In carrying out functions under
this chapter, the head of an executive agency shall—
(A) use the policies prescribed by the President under sub-
section (a) for guidance; and
(B) dispose of foreign excess property in a manner that con-
forms to the foreign policy of the United States.
(3) DELEGATION OF AUTHORITY.—The head of an executive agency
may—
(A) delegate authority conferred by this chapter to an official
in the agency or to the head of another executive agency; and
(B) authorize successive redelegation of authority conferred by
this chapter.
(4) EMPLOYMENT OF PERSONNEL.—As necessary to carry out this
chapter, the head of an executive agency may—
(A) appoint and fix the pay of personnel in the United States,
subject to chapters 33 and 51 and subchapter III of chapter 53
of title 5; and
(B) appoint personnel outside the States of the United States
and the District of Columbia, without regard to chapter 33 of title
5.
(c) SPECIAL RESPONSIBILITIES OF SECRETARY OF STATE.—
(1) USE OF FOREIGN CURRENCIES AND CREDITS.—The Secretary of
State may use foreign currencies and credits acquired by the United
States under section 704(b)(2) of this title—
(A) to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.);
(B) to carry out the Foreign Service Buildings Act, 1926 (22
U.S.C. 292 et seq.); and
(C) to pay other governmental expenses payable in local cur-
rencies.
(2) RENEWAL OF CERTAIN AGREEMENTS.—Except as otherwise di-
rected by the President, the Secretary of State shall continue to per-
form functions under agreements in effect on July 1, 1949, related to
the disposal of foreign excess property. The Secretary of State may
amend, modify, and renew the agreements. Foreign currencies or cred-
its the Secretary of State acquires under the agreements shall be ad-
ministered in accordance with procedures that the Secretary of the
Treasury may establish. Foreign currencies or credits reduced to
United States currency must be deposited in the Treasury as miscella-
neous receipts.
§ 702. Return of foreign excess property to United States
(a) IN GENERAL.—Under regulations prescribed pursuant to subsection
(b), foreign excess property may be returned to the United States for han-
dling as excess or surplus property under subchapter II of chapter 5 of this
title or section 549 or 551 of this title when the head of the executive agen-
cy concerned, or the Administrator of General Services after consultation
with the agency head, determines that return of the property to the United
States for such handling is in the interest of the United States.
(b) REGULATIONS.—The Administrator shall prescribe regulations to
carry out this section. The regulations must require that transportation
costs for returning foreign excess property to the United States are paid
by the federal agency, state agency, or donee receiving the property.
§ 703. Donation of medical supplies for use in foreign coun-
try
(a) APPLICATION.—This section applies to medical materials or supplies
that are in a foreign country but that would, if situated within the United
States, be available for donation under subchapter III of chapter 5 of this
title.
(b) IN GENERAL.—An executive agency may donate medical materials or
supplies that are not disposed of under section 702 of this title.
(c) CONDITIONS.—A donation under this section is subject to the fol-
lowing conditions:
(1) The medical materials and supplies must be donated for use in
a foreign country.
(2) The donation must be made to a nonprofit medical or health or-
ganization, which may be an organization qualified to receive assistance
under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22
U.S.C. 2174(b), 2357).
(3) The donation must be made without cost to the donee (except
for costs of care and handling).
§ 704. Other methods of disposal
(a) IN GENERAL.—Foreign excess property not disposed of under section
702 or 703 of this title may be disposed of as provided in this section.
(b) METHODS OF DISPOSAL.—
(1) SALE, EXCHANGE, LEASE, OR TRANSFER.—The head of an exec-
utive agency may dispose of foreign excess property by sale, exchange,
lease, or transfer, for cash, credit or other property, with or without
warranty, under terms and conditions the head of the executive agency
considers proper.
(2) EXCHANGE FOR FOREIGN CURRENCY OR CREDIT.—If the head
of an executive agency determines that it is in the interest of the
United States, foreign excess property may be exchanged for—
(A) foreign currencies or credits; or
(B) substantial benefits or the discharge of claims resulting
from the compromise or settlement of claims in accordance with
law.
(3) ABANDONMENT, DESTRUCTION, OR DONATION.—The head of an
executive agency may authorize the abandonment, destruction, or dona-
tion of foreign excess property if the property has no commercial value
or if estimated costs of care and handling exceed the estimated pro-
ceeds from sale.
(c) ADVERTISING.—The head of an executive agency may dispose of for-
eign excess property without advertising if the head of the executive agency
finds that disposal without advertising is the most practicable and advan-
tageous means for the Federal Government to dispose of the property.
(d) TRANSFER OF TITLE.—The head of an executive agency may execute
documents to transfer title or other interests in, and take other action nec-
essary or proper to dispose of, foreign excess property.
§ 705. Handling of proceeds from disposal
(a) IN GENERAL.—This section applies to proceeds from the sale, lease,
or other disposition of foreign excess property under this chapter.
(b) FOREIGN CURRENCIES OR CREDITS.—Proceeds in the form of foreign
currencies or credits, must be administered in accordance with procedures
that the Secretary of the Treasury may establish.
(c) UNITED STATES CURRENCY.—
(1) SEPARATE FUND IN TREASURY.—Section 572(a) of this title ap-
plies to proceeds of foreign excess property disposed of for United
States currency under this chapter.
(2) DEPOSITED IN TREASURY AS MISCELLANEOUS RECEIPTS.—Ex-
cept as provided in paragraph (1), proceeds in the form of United
States currency, including foreign currencies or credits that are re-
duced to United States currency, must be deposited in the Treasury
as miscellaneous receipts.
(d) SPECIAL ACCOUNT FOR REFUNDS OR PAYMENTS FOR BREACH.—
(1) DEPOSITS.—A federal agency that disposes of foreign excess
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.
CHAPTER 9—URBAN LAND USE
Sec.
901.
Purpose and policy.
902.
Definitions.
903.
Acquisition and use.
904.
Disposal.
905.
Waiver.
§ 901. Purpose and policy
The purpose of this chapter is to promote harmonious intergovernmental
relations and encourage sound planning, zoning, and land use practices by
prescribing uniform policies and procedures for the Administrator of Gen-
eral Services to acquire, use, and dispose of land in urban areas. To the
greatest extent practicable, urban land transactions entered into for the
General Services Administration and other federal agencies shall be con-
sistent with zoning and land use practices and with the planning and devel-
opment objectives of local governments and planning agencies.
§ 902. Definitions
In this chapter, the following definitions apply:
(1) UNIT OF GENERAL LOCAL GOVERNMENT.—The term ‘‘unit of
general local government’’ means a city, county, town, parish, village,
or other general-purpose political subdivision of a State.
(2) URBAN AREA.—The term ‘‘urban area’’ means—
(A) a geographical area within the jurisdiction of an incor-
porated city, town, borough, village, or other unit of general local
government, except a county or parish, having a population of at
least 10,000 inhabitants;
(B) that portion of the geographical area within the jurisdiction
of a county, town, township, or similar governmental entity which
contains no incorporated unit of general local government but has
a population density of at least 1,500 inhabitants per square mile;
and
(C) that portion of a geographical area having a population den-
sity of at least 1,500 inhabitants per square mile and situated ad-
jacent to the boundary of an incorporated unit of general local
government which has a population of at least 10,000.
§ 903. Acquisition and use
(a) NOTICE TO LOCAL GOVERNMENT.—To the extent practicable, before
making a commitment to acquire real property situated in an urban area,
the Administrator of General Services shall give notice of the intended ac-
quisition and the proposed use of the property to the unit of general local
government exercising zoning and land use jurisdiction. If the Administrator
determines that providing advance notice would adversely impact the acqui-
sition, the Administrator shall give notice of the acquisition and the pro-
posed use of the property immediately after the property is acquired.
(b) OBJECTIONS TO ACQUISITION OR CHANGE OF USE.—In the acquisi-
tion or change of use of real property situated in an urban area as a site
for public building, if the unit of general local government exercising zoning
and land use jurisdiction objects on grounds that the proposed acquisition
or change of use conflicts with zoning regulations or planning objectives, the
Administrator shall, to the extent the Administrator determines is prac-
ticable, consider all the objections and comply with the zoning regulations
and planning objectives.
§ 904. Disposal
(a) NOTICE TO LOCAL GOVERNMENT.—Before offering real property situ-
ated in an urban area for sale, the Administrator of General Services shall
give reasonable notice to the unit of general local government exercising
zoning and land use jurisdiction in order to provide an opportunity for zon-
ing so that the property is used in accordance with local comprehensive
planning described in subsection (c).
(b) NOTICE
TO PROSPECTIVE PURCHASERS.—To the greatest extent
practicable, the Administrator shall furnish to all prospective purchasers of
real property situated in an urban area complete information concerning—
(1) current zoning regulations, prospective zoning requirements, and
objectives for property if it is unzoned; and
(2)(A) the current availability of streets, sidewalks, sewers, water,
street lights, and other service facilities; and
(B) the prospective availability of those service facilities if the prop-
erty is included in local comprehensive planning described in subsection
(c).
(c) LOCAL COMPREHENSIVE PLANNING.—Local comprehensive planning
referred to in subsections (a) and (b) includes any of the following activities,
to the extent the activity is directly related to the needs of a unit of general
local government:
(1) As a guide for government policy and action, preparing general
plans related to—
(A) the pattern and intensity of land use;
(B) the provision of public facilities (including transportation
facilities) and other government services; and
(C) the effective development and use of human and natural re-
sources.
(2) Preparing long-range physical and fiscal plans for government
action.
(3) Programming capital improvements and other major expendi-
tures, based on a determination of relative urgency, together with de-
finitive financial planning for expenditures in the earlier years of a pro-
gram.
(4) Coordinating related plans and activities of state and local gov-
ernments and agencies.
(5) Preparing regulatory and administrative measures to support ac-
tivities described in this subsection.
§ 905. Waiver
The procedures prescribed in sections 903 and 904 of this title may be
waived during a period of national emergency proclaimed by the President.
CHAPTER 11—SELECTION OF ARCHITECTS AND
ENGINEERS
Sec.
1101.
Policy.
1102.
Definitions.
1103.
Selection procedure.
1104.
Negotiation of contract.
§ 1101. Policy
The policy of the Federal Government is to publicly announce all require-
ments for architectural and engineering services and to negotiate contracts
for architectural and engineering services on the basis of demonstrated com-
petence and qualification for the type of professional services required and
at fair and reasonable prices.
§ 1102. Definitions
In this chapter, the following definitions apply:
(1) AGENCY HEAD.—The term ‘‘agency head’’ means the head of a
department, agency, or bureau of the Federal Government.
(2) ARCHITECTURAL AND ENGINEERING SERVICES.—The term ‘‘ar-
chitectural and engineering services’’ means—
(A) professional services of an architectural or engineering na-
ture, as defined by state law, if applicable, that are required to
be performed or approved by a person licensed, registered, or cer-
tified to provide the services described in this paragraph;
(B) professional services of an architectural or engineering na-
ture performed by contract that are associated with research, plan-
ning, development, design, construction, alteration, or repair of
real property; and
(C) other professional services of an architectural or engineering
nature, or incidental services, which members of the architectural
and engineering professions (and individuals in their employ) may
logically or justifiably perform, including studies, investigations,
surveying and mapping, tests, evaluations, consultations, com-
prehensive planning, program management, conceptual designs,
plans and specifications, value engineering, construction phase
services, soils engineering, drawing reviews, preparation of oper-
ating and maintenance manuals, and other related services.
(3) FIRM.—The term ‘‘firm’’ means an individual, firm, partnership,
corporation, association, or other legal entity permitted by law to prac-
tice the profession of architecture or engineering.
§ 1103. Selection procedure
(a) IN GENERAL.—These procedures apply to the procurement of archi-
tectural and engineering services by an agency head.
(b) ANNUAL STATEMENTS.—The agency head shall encourage firms to
submit annually a statement of qualifications and performance data.
(c) EVALUATION.—For each proposed project, the agency head shall
evaluate current statements of qualifications and performance data on file
with the agency, together with statements submitted by other firms regard-
ing the proposed project. The agency head shall conduct discussions with
at least 3 firms to consider anticipated concepts and compare alternative
methods for furnishing services.
(d) SELECTION.—From the firms with which discussions have been con-
ducted, the agency head shall select, in order of preference, at least 3 firms
that the agency head considers most highly qualified to provide the services
required. Selection shall be based on criteria established and published by
the agency head.
§ 1104. Negotiation of contract
(a) IN GENERAL.—The agency head shall negotiate a contract for archi-
tectural and engineering services at compensation which the agency head de-
termines is fair and reasonable to the Federal Government. In determining
fair and reasonable compensation, the agency head shall consider the scope,
complexity, professional nature, and estimated value of the services to be
rendered.
(b) ORDER OF NEGOTIATION.—The agency head shall attempt to nego-
tiate a contract, as provided in subsection (a), with the most highly qualified
firm selected under section 1103 of this title. If the agency head is unable
to negotiate a satisfactory contract with the firm, the agency head shall for-
mally terminate negotiations and then undertake negotiations with the next
most qualified of the selected firms, continuing the process until an agree-
ment is reached. If the agency head is unable to negotiate a satisfactory
contract with any of the selected firms, the agency head shall select addi-
tional firms in order of their competence and qualification and continue ne-
gotiations in accordance with this section until an agreement is reached.
CHAPTER 13—PUBLIC PROPERTY
Sec.
1301.
Charge of property transferred to the Federal Government.
1302.
Lease of buildings.
1303.
Disposition of surplus real property.
1304.
Transfer of federal property to States.
1305.
Disposition of land acquired by devise.
1306.
Disposition of abandoned or forfeited personal property.
1307.
Disposition of securities.
1308.
Disposition of unfit horses and mules.
1309.
Preservation, sale, or collection of wrecked, abandoned, or derelict property.
1310.
Sale of war supplies, land, and buildings.
1311.
Authority of President to obtain release.
1312.
Release of real estate in certain cases.
1313.
Releasing property from attachment.
1314.
Easements.
1315.
Special police.
§ 1301. Charge of property transferred to the Federal Gov-
ernment
(a) IN GENERAL.—Except as provided in subsection (b), the Adminis-
trator of General Services shall have charge of—
(1) all land and other property which has been or may be assigned,
set off, or conveyed to the Federal Government in payment of debts;
(2) all trusts created for the use of the Government in payment of
debts due the Government; and
(3) the sale and disposal of land—
(A) assigned or set off to the Government in payment of debt;
or
(B) vested in the Government by mortgage or other security for
the payment of debts.
(b) NONAPPLICATION.—This section does not apply to—
(1) real estate which has been or shall be assigned, set off, or con-
veyed to the Government in payment of debts arising under the Inter-
nal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
(2) trusts created for the use of the Government in payment of debts
arising under the Code and due the Government.
§ 1302. Lease of buildings
Except as otherwise specifically provided by law, the leasing of buildings
and property of the Federal Government shall be for a money consideration
only. The lease may not include any provision for the alteration, repair, or
improvement of the buildings or property as a part of the consideration for
the rent to be paid for the use and occupation of the buildings or property.
Money derived from the rent shall be deposited in the Treasury as miscella-
neous receipts.
§ 1303. Disposition of surplus real property
(a) DEFINITION.—In this section, the term ‘‘federal agency’’ means an
executive department, independent establishment, commission, board, bu-
reau, division, or office in the executive branch, or other agency of the Fed-
eral Government, including wholly owned Government corporations.
(b) ASSIGNMENT OF SPACE OR LEASE OR SALE OF PROPERTY.—
(1) ACTIONS OF ADMINISTRATOR.—When the President, on the rec-
ommendation of the Administrator of General Services, or the federal
agency having control of any real property the agency acquires that is
located outside of the District of Columbia, other than military or naval
reservations, declares the property to be surplus to the needs of the
agency, the Administrator—
(A) may assign space in the property to any federal agency;
(B) pending a sale, may lease the property for not more than
5 years and on terms the Administrator considers to be in the
public interest; or
(C) may sell the property at public sale to the highest respon-
sible bidder on terms and after public advertisement that the Ad-
ministrator considers to be in the public interest.
(2) REVIEW OF DECISION TO ASSIGN SPACE.—If the federal agency
to which space is assigned does not desire to occupy the space, the deci-
sion of the Administrator under paragraph (1)(A) is subject to review
by the President.
(3) NEGOTIATED SALE.—If no bids which are satisfactory as to price
and responsibility of the bidder are received as a result of public adver-
tisement, the Administrator may sell the property by negotiation, on
terms as may be considered to be to the best interest of the Govern-
ment, but at a price not less than that bid by the highest responsible
bidder.
(c) DEMOLITION.—The Administrator may demolish any building de-
clared to be surplus to the needs of the Government under this section on
deciding that demolition will be in the best interest of the Government. Be-
fore proceeding with the demolition, the Administrator shall inform the Sec-
retary of the Interior in writing of the Administrator’s intention to demolish
the building, and shall not proceed with the demolition until receiving writ-
ten notice from the Secretary that the building is not an historic building
of national significance within the meaning of the Act of August 21, 1935
(16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiq-
uities Act). If the Secretary does not notify the Administrator of the Sec-
retary’s decision as to whether the building is an historic building of na-
tional significance within 90 days of the receipt of the notice of intention
to demolish the building, the Administrator may proceed to demolish the
building.
(d) REPAIRS AND ALTERATIONS TO ASSIGNED REAL PROPERTY.—When
the Administrator, after investigation, decides that real property referred to
in subsection (b) should be used for the accommodation of a federal agency,
the Administrator may make any repairs or alterations that the Adminis-
trator considers necessary or advisable and may maintain and operate the
property.
(e) PAYMENT BY FEDERAL AGENCIES.—
(1) ASSIGNED REAL PROPERTY.—To the extent that the appropria-
tions of the General Services Administration not otherwise allocated are
inadequate for repairs, alterations, maintenance, or operation, the Ad-
ministrator may require each federal agency to which space has been
assigned to pay promptly by check to the Administrator out of its ap-
propriation for rent any part of the estimated or actual cost of the re-
pairs, alterations, maintenance, and operation. Payment may be either
in advance of, or on or during, occupancy of the space. The Adminis-
trator shall determine and equitably apportion the total amount to be
paid among the agencies to whom space has been assigned.
(2) LEASED SPACES.—To the extent that the appropriations of the
Administration not otherwise required are inadequate, the Adminis-
trator may require each federal agency to which leased space has been
assigned to pay promptly by check to the Administrator out of its avail-
able appropriations any part of the estimated cost of rent, repairs, al-
terations, maintenance, operation, and moving. Payment may be either
in advance or during occupancy of the space. When space in a building
is occupied by two or more agencies, the Administrator shall determine
and equitably apportion rental, operation, and other charges on the
basis of the total amount of space leased.
(f) AUTHORIZATION OF APPROPRIATIONS.—Necessary amounts may be
appropriated to cover the costs incident to the sale or lease of real property,
or authorized demolition of buildings on the property, declared to be surplus
to the needs of any federal agency under this section, and the care, mainte-
nance, and protection of the property, including pay of employees, travel of
Government employees, brokers’ fees not in excess of rates paid for similar
services in the community where the property is situated, appraisals, photo-
graphs, surveys, evidence of title and perfecting of defective titles, adver-
tising, and telephone and telegraph charges. However, the agency remains
responsible for the proper care, maintenance, and protection of the property
until the Administrator assumes custody or other disposition of the property
is made.
(g) REGULATIONS.—The Administrator may prescribe regulations as nec-
essary to carry out this section.
§ 1304. Transfer of federal property to States
(a) OBSOLETE BUILDINGS AND SITES.—
(1) IN GENERAL.—The Administrator of General Services, in the Ad-
ministrator’s discretion, on terms the Administrator considers proper,
and under regulations the Administrator may prescribe, may sell prop-
erty described in paragraph (2) to a State or a political subdivision of
a State for public use if the Administrator considers the sale to be in
the best interest of the Federal Government.
(2) APPLICABLE PROPERTY.—The property referred to in paragraph
(1) is any federal building, building site, or part of a building site
under the Administrator’s control that has been replaced by a new
structure and that the Administrator determines is no longer needed
by the Government.
(3) PRICE.—The purchase price for a sale under this section must
be at least 50 percent of the value of the land as appraised by the Ad-
ministrator.
(4) PROCEEDS OF SALE.—The proceeds of a sale under this section
shall be deposited in the Treasury as miscellaneous receipts.
(5) PAYMENT TERMS.—The Administrator may enter into a long
term contract for the payment of the purchase price in installments
that the Administrator considers fair and reasonable. The Adminis-
trator may waive any requirement for interest charges on deferred pay-
ment.
(6) CONVEYANCE.—The Administrator may convey property sold
under this section by the usual quitclaim deed.
(b) WIDENING OF PUBLIC ROADS.—
(1) DEFINITION.—In this subsection, the term ‘‘executive agency’’
means an executive department or independent establishment in the ex-
ecutive branch of the Government, including any wholly owned Govern-
ment corporation.
(2) IN GENERAL.—When a State or a political subdivision of a State
applies for a conveyance or transfer of real property of the Government
in connection with an authorized widening of a public highway, street,
or alley, the head of the executive agency that controls the affected real
property may convey or transfer to the State or political subdivision,
with or without consideration, an interest in the real property that the
agency head determines is not adverse to the interests of the Govern-
ment. A conveyance or transfer under this subsection is subject to
terms and conditions the agency head considers necessary to protect
the interests of the Government.
(3) LIMITATION ON TRANSFERS FOR HIGHWAY PURPOSES.—An in-
terest in real property which can be transferred to a State or a political
subdivision of a State for highway purposes under title 23 may not be
conveyed or transferred under this subsection.
(4) LIMITATION ON ISSUANCE OF RIGHTS OF WAY.—Rights of way
over, under, and through public lands and lands in the National Forest
System may not be granted under this subsection.
§ 1305. Disposition of land acquired by devise
The General Services Administration may take custody, for disposal as
excess property under this subtitle and title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land ac-
quired by the Federal Government by devise.
§ 1306. Disposition of abandoned or forfeited personal prop-
erty
(a) DEFINITIONS.—In this section—
(1) AGENCY.—The term ‘‘agency’’ includes any executive depart-
ment, independent establishment, board, commission, bureau, service,
or division of the Federal Government, and any corporation in which
the Government owns at least a majority of the stock.
(2) PROPERTY.—The term ‘‘property’’ means all personal property,
including vessels, vehicles, and aircraft.
(b) VOLUNTARILY ABANDONED PROPERTY.—Property voluntarily aban-
doned to any agency in a way that vests title to the property in the Govern-
ment may be retained by the agency and devoted to official use only. If the
agency does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator of General Services to that effect, and
the Administrator, within a reasonable time, shall—
(1) order the agency to deliver the property to another agency that
requests the property and that the Administrator believes should be
given the property; or
(2) order disposal of the property as otherwise provided by law.
(c) FORFEITED PROPERTY.—
(1) AGENCY RETAINS PROPERTY.—An agency that seizes property
that has been forfeited to the Government other than by court decree
may retain the property and devote it only to official use instead of
disposing of the property as otherwise provided by law if competent au-
thority does not order the property returned to any claimant.
(2) AGENCY DOES NOT DESIRE TO RETAIN PROPERTY.—If the agen-
cy does not desire to retain the property, the head of the agency imme-
diately shall notify the Administrator to that effect, and the property—
(A) if not ordered by competent authority to be returned to any
claimant, or disposed of as otherwise provided by law, shall be de-
livered by the agency, on order of the Administrator given within
a reasonable time, to another agency that requests the property
and that the Administrator believes should be given the property;
or
(B) on order of the Administrator given within a reasonable
time, shall be disposed of as otherwise provided by law.