40 USC SUBTITLE I, CHAPTER 1, SUBCHAPTER I: PURPOSE AND DEFINITIONS
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TEXT OF PART V OF SUBTITLE A (3001 ET SEQ.), EFFECTIVE JANUARY 1, 2022, CURRENTLY SET OUT AS A PREVIEW

40 USC SUBTITLE I, CHAPTER 1, SUBCHAPTER I: PURPOSE AND DEFINITIONS
From Title 40—PUBLIC BUILDINGS, PROPERTY, AND WORKSSUBTITLE I—FEDERAL PROPERTY AND ADMINISTRATIVE SERVICESCHAPTER 1—GENERAL

SUBCHAPTER I—PURPOSE AND DEFINITIONS

§101. Purpose

The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:

(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.

(2) Using available property.

(3) Disposing of surplus property.

(4) Records management.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
101 40:471. June 30, 1949, ch. 288, §2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, §1, 68 Stat. 1126.

Statutory Notes and Related Subsidiaries

Short Title of 2021 Amendment

Pub. L. 116–333, §1, Jan. 13, 2021, 134 Stat. 5113, provided that: "This Act [enacting section 3318 of this title] may be cited as the 'Transparency in Federal Buildings Projects Act of 2019'."

Short Title of 2020 Amendment

Pub. L. 116–194, §1, Dec. 3, 2020, 134 Stat. 981, provided that: "This Act [enacting provisions set out as a note under section 11301 of this title] may be cited as the 'Information Technology Modernization Centers of Excellence Program Act'."

Short Title of 2019 Amendment

Pub. L. 116–75, §1, Nov. 27, 2019, 133 Stat. 1160, provided that: "This Act [amending section 6121 of this title] may be cited as the 'Reauthorizing Security for Supreme Court Justices Act of 2019'."

Pub. L. 116–30, §1, July 25, 2019, 133 Stat. 1032, provided that: "This Act [enacting section 3318 of this title and provisions set out as a note under section 3318 of this title] may be cited as the 'Fairness For Breastfeeding Mothers Act of 2019'."

Pub. L. 115–419, §1, Jan. 3, 2019, 132 Stat. 5442, provided that: "This Act [amending sections 506 and 524 of this title] may be cited as the 'Federal Personal Property Management Act of 2018'."

Short Title of 2018 Amendment

Pub. L. 115–271, title VIII, §8061, Oct. 24, 2018, 132 Stat. 4094, provided that: "This subtitle [subtitle E (§§8061, 8062) of title VIII of Pub. L. 115–271, enacting section 14510 of this title] may be cited as the 'Treating Barriers to Prosperity Act of 2018'."

Short Title of 2017 Amendment

Pub. L. 115–88, §1, Nov. 21, 2017, 131 Stat. 1278, provided that: "This Act [amending sections 11302 and 11319 of this title and provisions set out as a note under section 3601 of Title 44, Public Printing and Documents] may be cited as the 'FITARA Enhancement Act of 2017'."

Short Title of 2016 Amendment

Pub. L. 114–318, §1, Dec. 16, 2016, 130 Stat. 1608, provided that: "This Act [enacting subchapter VII of chapter 5 of this title and chapter 29 of Title 39, Postal Service, amending sections 102, 524, and 571 of this title, enacting provisions set out as notes under sections 571 and 621 of this title, and amending provisions set out as a note under section 1303 of this title] may be cited as the 'Federal Property Management Reform Act of 2016'."

Pub. L. 114–235, §1, Oct. 7, 2016, 130 Stat. 964, provided that: "This Act [enacting section 3314 of this title, renumbering former section 3314 and sections 3315 and 3316 of this title as sections 3315 to 3317 of this title, respectively, and enacting provisions set out as a note under section 3314 of this title] may be cited as the 'Bathrooms Accessible in Every Situation Act' or 'BABIES Act'."

Short Title of 2014 Amendment

Pub. L. 113–291, div. A, title VIII, subtitle D (§§831–837), Dec. 19, 2014, 128 Stat. 3438, which enacted section 11319 of this title, amended sections 11302 and 11319 of this title, and enacted provisions set out as notes under sections 1704 and 3301 of Title 41, Public Contracts, and section 3601 of Title 44, Public Printing and Documents, is popularly known as the "Federal Information Technology Acquisition Reform Act" or "FITARA".

Short Title of 2013 Amendment

Pub. L. 113–50, §1, Nov. 21, 2013, 127 Stat. 578, provided that: "This Act [amending sections 3144 and 3703 of this title] may be cited as the 'Streamlining Claims Processing for Federal Contractor Employees Act'."

Pub. L. 113–26, §1, Aug. 9, 2013, 127 Stat. 502, provided that: "This Act [amending section 549 of this title] may be cited as the 'Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2013' or the 'FOR VETS Act of 2013'."

Short Title of 2010 Amendment

Pub. L. 111–338, §1, Dec. 22, 2010, 124 Stat. 3590, provided that: "This Act [amending section 549 of this title] may be cited as the 'Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010'or 'FOR VETS Act of 2010'."

Pub. L. 111–263, §1, Oct. 8, 2010, 124 Stat. 2787, provided that: "This Act [amending section 502 of this title] may be cited as the 'Federal Supply Schedules Usage Act of 2010'."

Short Title of 2008 Amendment

Pub. L. 110–371, §1, Oct. 8, 2008, 122 Stat. 4037, provided that: "This Act [enacting section 14508 of this title and amending sections 14102, 14321, 14502 to 14507, 14526, 14703, and 14704 of this title] may be cited as the 'Appalachian Regional Development Act Amendments of 2008'."

Pub. L. 110–248, §1, June 26, 2008, 122 Stat. 2316, provided that: "This Act [amending section 502 of this title] may be cited as the 'Local Preparedness Acquisition Act'."

Short Title of 2006 Amendment

Pub. L. 109–396, §1, Dec. 15, 2006, 120 Stat. 2711, provided that: "This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out under section 8903 of this title, and provisions set out as a note under section 225b of Title 24, Hospitals and Asylums] may be cited as the 'Federal and District of Columbia Government Real Property Act of 2006'."

Pub. L. 109–313, §1, Oct. 6, 2006, 120 Stat. 1734, provided that: "This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5, Government Organization and Employees, section 2669 of Title 22, Foreign Relations and Intercourse, and section 433 of Title 41, Public Contracts, repealing section 322 of this title, enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 5, and amending provisions set out as notes under section 2302 of Title 10, Armed Forces, and section 2107 of Title 44, Public Printing and Documents] may be cited as the 'General Services Administration Modernization Act'."

Short Title of 2003 Amendment

Pub. L. 108–126, title II, §201, Nov. 17, 2003, 117 Stat. 1349, provided that: "This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title] may be cited as the 'Commemorative Works Clarification and Revision Act of 2003'."

§102. Definitions

Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:

(1) Care and handling.—The term "care and handling" includes—

(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and

(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.


(2) Contractor inventory.—The term "contractor inventory" means—

(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and

(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.


(3) Excess property.—The term "excess property" means property under the control of a federal agency that the head of the agency determines is not required to meet the agency's needs or responsibilities.

(4) Executive agency.—The term "executive agency" means—

(A) an executive department or independent establishment in the executive branch of the Government; and

(B) a wholly owned Government corporation.


(5) Federal agency.—The term "federal agency" means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol).

(6) Foreign excess property.—The term "foreign excess property" means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands.

(7) Motor vehicle.—The term "motor vehicle" means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding—

(A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and

(B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties.


(8) Nonpersonal services.—The term "nonpersonal services" means contractual services designated by the Administrator of General Services, other than personal and professional services.

(9) Property.—The term "property" means any interest in property except—

(A)(i) the public domain;

(ii) land reserved or dedicated for national forest or national park purposes;

(iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and

(iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise;

(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and

(C) records of the Government.


(10) Surplus property.—The term "surplus property" means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063; Pub. L. 111–350, §5(l)(2), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 114–318, §3(b)(2), Dec. 16, 2016, 130 Stat. 1613.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
102 40:472. June 30, 1949, ch. 288, §3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, §1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, §4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, §2, 69 Stat. 722; Pub. L. 85–337, §5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86–70, §30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93–594, Jan. 2, 1975, 88 Stat. 1926.

In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of "Administrator" is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of "person" in 1:1.

In clause (6), the words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.


Editorial Notes

Amendments

2016Pub. L. 114–318 substituted "Except as provided in subchapter VII of chapter 5 of this title, the" for "The" in introductory provisions.

2011Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.