SUBTITLE I—FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 1 —GENERAL
SUBCHAPTER I—PURPOSE AND DEFINITIONS
SUBCHAPTER II—SCOPE
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
Editorial Notes
Amendments
2011—
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101 | 40:471. | June 30, 1949, ch. 288, §2, |
Statutory Notes and Related Subsidiaries
Short Title of 2021 Amendment
Short Title of 2020 Amendment
Short Title of 2019 Amendment
Short Title of 2018 Amendment
Short Title of 2017 Amendment
Short Title of 2016 Amendment
Short Title of 2014 Amendment
Short Title of 2013 Amendment
Short Title of 2010 Amendment
Short Title of 2008 Amendment
Short Title of 2006 Amendment
Short Title of 2003 Amendment
§102. Definitions
Except as provided in subchapter VII of
(1)
(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)
(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)
(4)
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5)
(6)
(7)
(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)
(9)
(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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102 | 40:472. | June 30, 1949, ch. 288, §3, |
In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (
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
2016—
2011—
SUBCHAPTER II—SCOPE
§111. Application to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41
In the following provisions, the words "this subtitle" are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1)
(2)
(3)
(4)
(5)
(6)
(7) Section 121(d)(1) and (2) of this title.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 111 | (no source). |
This section is added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. In the positive law codification of title 40, most of the Federal Property and Administrative Services Act of 1949 is restated as subtitle I of title 40. However, title III of the Act, which is outside the scope of the positive law codification, remains classified to the United States Code as
Editorial Notes
Amendments
2011—
§112. Applicability of certain policies, procedures, and directives in effect on July 1, 1949
(a)
(b)
(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; 1
(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479,
(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 1 of the Federal Property and Administrative Services Act of 1949.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 112 | 40:473. | June 30, 1949, ch. 288, title VI, §601, formerly title V, §501, |
Editorial Notes
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (b)(1), (4), is act June 30, 1949, ch. 288,
The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479,
1 See References in Text note below.
§113. Limitations
(a)
(b)
(c)
(d)
(e)
(1) the President under the Philippine Property Act of 1946 (
(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 effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(3) an executive agency named in
(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
(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 (
(7) the Secretary of State under the Foreign Service Buildings Act, 1926 (
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act (
(B) the Farmers Home Administration Act of 1946 (ch. 964,
(C) section 32 of the Act of August 24, 1935 (
(D) section 201 of the Agricultural Adjustment Act of 1938 (
(E) section 203(j) of the Agricultural Marketing Act of 1946 (
(9) an official or entity under the Farm Credit Act of 1971 (
(10) the Secretary of Housing and Urban Development or the Federal 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, residential property; or
(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (
(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to
(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
(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, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers 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 (
(19) the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or
(20) the Office of the Director of National Intelligence.
(
In subsection (a), the word "paramount" is omitted as included in "not subject to any inconsistent provision".
In subsection (c), the words "
In subsection (e), the text of 40:474(d)(8) is omitted because 50 App.:1171(b) was repealed by section 53 of the Act of August 10, 1956 (ch. 1041,
In subsection (e)(2), the words "any phase (including, but not limited to, procurement, storage, transportation, processing, and disposal) of" and "the fulfillment of" are omitted as unnecessary.
In subsection (e)(3), the words "
In subsection (e)(4), the words "Secretary of Defense" are substituted for "National Military Establishment" in section 602(d)(4) of the Federal Property and Administrative Services Act of 1949, because of section 12(a), (g) of the National Security Act Amendments of 1949 (ch. 412,
In subsection (e)(5), the words "
In subsection (e)(6), the words "the Munitions Board" are omitted because sections 1 and 2 of Reorganization Plan No. 6 of 1953 (eff. June 30, 1953,
In subsection (e)(8), the words "or the Department of Agriculture" are omitted as unnecessary because of section 1 of Reorganization Plan No. 2 of 1953 (eff. June 30, 1953,
In subsection (e)(9), the words "an official or entity under the Farm Credit Act of 1971 (
In subsection (e)(10), the words "Secretary of Housing and Urban Development" are substituted for "Department of Housing and Urban Development" because of 42:3532. The words "Federal Deposit Insurance Corporation" are substituted for "Resolution Trust Corporation" because under 12:1441a(m)(1), the Resolution Trust Corporation terminated on December 31, 1995, and was succeeded by the Federal Deposit Insurance Corporation.
In subsection (e)(11), the words "property acquired in connection with" are substituted for "any property acquired or to be acquired for or in connection with" to eliminate unnecessary words.
In subsection (e)(12), the words "the Secretary of Energy with respect to atomic energy" are substituted for "the Atomic Energy Commission" because the Atomic Energy Commission was abolished and its functions were transferred to the Administrator of the Energy Research and Development Administration by section 104 of the Energy Reorganization Act of 1974 (42:5814), and the Energy Research and Development Administration was subsequently terminated and its functions transferred to the Secretary of Energy by sections 301(a) and 703 of the Department of Energy Organization Act (42:7151(a), 42:7293).
In subsection (e)(13), the words "Secretary of Transportation" are substituted for "Administrator of the Federal Aviation Agency" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of sections 3(e) and 6(c)(1) of the Department of Transportation Act (
In subsection (e)(17), the words "title 44 or any other law" are substituted for "the Act entitled 'An Act providing for the public printing and binding and the distribution of public documents' approved January 12, 1895 (
In subsection (e)(19), the words "Secretary of State" are substituted for "Director of the International Communication Agency" [subsequently changed to "Director of the United States Information Agency" because of section 303(b) of the Department of State Authorization Act, Fiscal Years 1982 and 1983 (
Editorial Notes
References in Text
The Philippine Property Act of 1946, referred to in subsec. (e)(1), is act July 3, 1946, ch. 536,
The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (e)(6), is act June 7, 1939, ch. 190, as revised generally by
The Foreign Service Buildings Act, 1926, referred to in subsec. (e)(7), is act May 7, 1926, ch. 250,
The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is act June 4, 1946, ch. 281,
The Farmers Home Administration Act of 1946, referred to in subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964,
The Farm Credit Act of 1971, referred to in subsec. (e)(9), is
The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is act June 27, 1934, ch. 847,
The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, §2,
The Bonneville Project Act of 1937, referred to in subsec. (e)(18), is act Aug. 20, 1937, ch. 720,
Amendments
2011—Subsec. (b).
2004—Subsec. (e)(20).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by
Amendment by
1 So in original. Probably should not be capitalized.
SUBCHAPTER III—ADMINISTRATIVE AND GENERAL
§121. Administrative
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(1)
(2)
(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)
(e)
(1)
(A) The Administrator may direct the Administration to perform 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 component of the Administration to another.
(D) The Administrator may direct an executive agency to perform 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 perform 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 function by a combination of the methods described in this paragraph.
(2)
(A)
(B)
(f)
(g)
(h)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 121(a), (b) | 40:486(a), (b). | June 30, 1949, ch. 288, title II, §205, |
| 121(c)(1) | 40:751(f). | June 30, 1949, ch. 288, title I, §101(f), as added |
| 121(c)(2) | 40:486(c). | |
| 121(d)(1), (2) | 40:486(d). | |
| 121(d)(3) | 40:486a. | |
| 121(e)(1) | 40:486(e). | |
| 40:754 (1st sentence). | June 30, 1949, ch. 288, title I, §106, |
|
| 121(e)(2)(A) | 40:754 (last sentence). | |
| 121(e)(2)(B) | 40:486(f). | |
| 121(f) | 40:486(g). | |
| 121(g) | 40:486(h). | |
| 121(h) | 40:486(i). |
In subsection (b)(3), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
In subsection (d)(3), the words "For the fiscal year ending September 30, 1997, and thereafter" are omitted as unnecessary.
In subsection (e)(1)(C), the words "transfer the function from one component of the Administration to another" are substituted for "from time to time, to regroup, transfer, and distribute any such functions within the General Services Administration" (in 40:754 (1st sentence)) for clarity and to eliminate unnecessary words.
In subsection (e)(2), subparagraph (A) is substituted for 40:754 (last sentence) and subparagraph (B) is substituted for 40:486(f) to use more consistent terminology and to clarify the requirements and applicability of each provision. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in sections 106 (last sentence) and 205(f) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (
In subsection (f), the words "expenses under" are substituted for "subsistence, as authorized by" for consistency in the revised title. The words "
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
Executive Documents
Ex. Ord. No. 12072. Federal Space Management
Ex. Ord. No. 12072, Aug. 16, 1978, 43 F.R. 36869, as amended by Ex. Ord. No. 13946, §1, Aug. 24, 2020, 85 F.R. 52879, provided:
By the authority vested in me as President of the United States of America by Section 205(a) of the Federal Property and Administrative Services Act of 1949, as amended (
1–1. Space Acquisition and Management. [sic]
1–101. Federal facilities and Federal use of space in urban areas shall serve to strengthen the Nation's cities and to make them attractive places to live and work. Such Federal space shall conserve existing urban resources and encourage the development and redevelopment of cities.
1–102. Procedures for meeting space needs in urban areas shall give serious consideration to the impact a site selection will have on improving the social, economic, environmental, and cultural conditions of the communities in the urban area.
1–103. In the process for meeting Federal space needs, except where such selection is otherwise prohibited, and where cost and security considerations take precedence, preference is to be given to qualified opportunity zones (as defined in
1–104. The process of meeting Federal space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following criteria:
(a) Compatability [sic] of the site with State, regional, or local development, redevelopment, or conservation objectives.
(b) Conformity with the activities and programs of other Federal agencies.
(c) Impact on economic development and employment opportunities in the urban area, including the utilization of human, natural, cultural, and community resources.
(d) Availability of adequate low and moderate income housing for Federal employees and their families on a nondiscriminatory basis.
(e) Availability of adequate public transportation and parking and accessibility to the public.
1–105. Procedures for meeting space needs in urban areas shall be consistent with the policies of this Order and shall include consideration of the following alternatives:
(a) Availability of existing Federally controlled facilities.
(b) Utilization of buildings of historic, architectural, or cultural significance within the meaning of section 105 of the Public Buildings Cooperative Use Act of 1976 (
(c) Acquisition or utilization of existing privately owned facilities.
(d) Construction of new facilities.
(e) Opportunities for locating cultural, educational, recreational, or commercial activities within the proposed facility.
1–106. Site selection and space assignments shall take into account the management needs for consolidation of agencies or activities in common or adjacent space in order to improve administration and management and effect economies.
1–2. Administrator of General Services
1–201. The Administrator of General Services shall develop programs to implement the policies of this Order through the efficient acquisition, utilization, and disposal of Federally owned and leased space. In particular, the Administrator shall:
(a) Select, acquire, manage, and dispose of Federal space in a manner that will foster the policies and programs of the Federal Government and improve the management and administration of government activities.
(b) Issue regulations, standards, and criteria for the selection, acquisition, and management of Federally owned and leased space.
(c) Periodically undertake surveys of space requirements and space utilization in the executive agencies.
(d) Ensure, in cooperation with the heads of Executive agencies, that their essential space requirements are met in a manner that is economically feasible and prudent.
(e) Make maximum use of existing Federally controlled facilities which, in the Administrator's judgment, are adequate or economically adaptable to meeting the space needs of executive agencies.
1–202. The Administrator is authorized to request from any Executive agency such information and assistance deemed necessary to carry out the Administrator's functions under this Order. Each agency shall, to the extent not prohibited by law, furnish such information and assistance to the Administrator.
1–203. In the process of meeting Federal space needs in urban areas and implementing the policies of this Order, the Administrator shall:
(a) Consider the efficient performance of the missions and programs of the agencies, the nature and function of the facilities involved, the convenience of the public served, and the maintenance and improvement of safe and healthful working conditions for employees.
(b) Coordinate proposed programs and plans for facilities and space with the Director of the Office of Management and Budget.
(c) Consult with appropriate Federal, State, regional, and local government officials and consider their recommendations for and objections to a proposed selection site or space acquisition.
(d) Coordinate proposed programs and plans for facilities and space in a manner designed to implement the purposes of this Order.
(e) Prior to making a final determination concerning the location of Federal facilities, notify the concerned Executive agency of an intended course of action and take into account any additional information provided.
1–204. In ascertaining the social, economic, environmental and other impacts which site selection would have on a community, the Administrator shall, when appropriate, obtain the advice of interested agencies.
1–3. General Provisions
1–301. The heads of Executive agencies shall cooperate with the Administrator in implementing the policies of this Order and shall economize on their use of space. They shall ensure that the Administrator is given early notice of new or changing missions or organizational realignments which affect space requirements.
1–302. Executive agencies which acquire or utilize Federally owned or leased space under authority other than the Federal Property and Administrative Services Act of 1949, as amended [now chapters 1 to 11 of this title and division C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of Title 41], shall conform to the provisions of this Order to the extent they have the authority to do so.
1–303. Executive Order No. 11512 of February 27, 1970, is revoked.
Executive Order No. 12512
Ex. Ord. No. 12512, Apr. 29, 1985, 50 F.R. 18453, which related to Federal real property management, was revoked by Ex. Ord. No. 13327, §8, Feb. 4, 2004, 69 F.R. 5897, set out below.
Ex. Ord. No. 12954. Ensuring the Economical and Efficient Administration and Completion of Federal Government Contracts
Ex. Ord. No. 12954, Mar. 8, 1995, 60 F.R. 13023, provided:
Efficient economic performance and productivity are directly related to the existence of cooperative working relationships between employers and employees. When Federal contractors become involved in prolonged labor disputes with their employees, the Federal Government's economy, efficiency, and cost of operations are adversely affected. In order to operate as effectively as possible, by receiving timely goods and quality services, the Federal Government must assist the entities with which it has contractual relations to develop stable relationships with their employees.
An important aspect of a stable collective bargaining relationship is the balance between allowing businesses to operate during a strike and preserving worker rights. This balance is disrupted when permanent replacement employees are hired. It has been found that strikes involving permanent replacement workers are longer in duration than other strikes. In addition, the use of permanent replacements can change a limited dispute into a broader, more contentious struggle, thereby exacerbating the problems that initially led to the strike. By permanently replacing its workers, an employer loses the accumulated knowledge, experience, skill, and expertise of its incumbent employees. These circumstances then adversely affect the businesses and entities, such as the Federal Government, which rely on that employer to provide high quality and reliable goods or services.
NOW, THEREFORE, to ensure the economical and efficient administration and completion of Federal Government contracts, and by the authority vested in me as President by the Constitution and the laws of the United States of America, including
(b) The Secretary shall receive and may investigate complaints by employees of any entity covered under section 2(a) of this order where such complaints allege lawfully striking employees have been permanently replaced.
(c) The Secretary may hold such hearings, public or private, as he or she deems advisable, to determine whether an entity covered under section 2(a) has permanently replaced lawfully striking employees.
(b) The head of the contracting department or agency may object to the termination for convenience of a contract or contracts of a contractor determined to have permanently replaced legally striking employees. If the head of the agency so objects, he or she shall set forth the reasons for not terminating the contract or contracts in a response in writing to the Secretary. In such case, the termination for convenience shall not be issued. The head of the contracting agency or department shall report to the Secretary those contracts that have been terminated for convenience under this section.
(b) The scope of the debarment normally will be limited to those organizational units of a Federal contractor that the Secretary finds to have permanently replaced lawfully striking workers.
(c) The period of the debarment may not extend beyond the date when the labor dispute precipitating the permanent replacement of lawfully striking workers has been resolved, as determined by the Secretary.
(b) This order is effective immediately.
William J. Clinton.
Ex. Ord. No. 12977. Interagency Security Committee
Ex. Ord. No. 12977, Oct. 19, 1995, 60 F.R. 54411, as amended by Ex. Ord. No. 13286, §23, Feb. 28, 2003, 68 F.R. 10624, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the quality and effectiveness of security in and protection of buildings and facilities in the United States occupied by Federal employees for nonmilitary activities ("Federal facilities"), and to provide a permanent body to address continuing government-wide security for Federal facilities, it is hereby ordered as follows:
(b) representatives from the following agencies, appointed by the agency heads:
(1) Department of State;
(2) Department of the Treasury;
(3) Department of Defense;
(4) Department of Justice;
(5) Department of the Interior;
(6) Department of Agriculture;
(7) Department of Commerce;
(8) Department of Labor;
(9) Department of Health and Human Services;
(10) Department of Housing and Urban Development;
(11) Department of Transportation;
(12) Department of Energy;
(13) Department of Education;
(14) Department of Veterans Affairs;
(15) Environmental Protection Agency;
(16) Central Intelligence Agency;
(17) Office of Management and Budget; and
(18) General Services Administration;
(c) the following individuals or their designees:
(1) the Director, United States Marshals Service;
(2) the Assistant to the President for National Security Affairs; and
(3) the Director, Security Policy Board; and
(d) such other Federal employees as the President shall appoint.
(2) develop and evaluate security standards for Federal facilities, develop a strategy for ensuring compliance with such standards, and oversee the implementation of appropriate security measures in Federal facilities; and
(3) take such actions as may be necessary to enhance the quality and effectiveness of security and protection of Federal facilities, including but not limited to:
(A) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner;
(B) assessing technology and information systems as a means of providing cost-effective improvements to security in Federal facilities;
(C) developing long-term construction standards for those locations with threat levels or missions that require blast resistant structures or other specialized security requirements;
(D) evaluating standards for the location of, and special security related to, day care centers in Federal facilities; and
(E) assisting the Secretary in developing and maintaining a centralized security data base of all Federal facilities.
(b) Cooperation. Each executive agency and department shall cooperate and comply with the policies and recommendations of the Committee issued pursuant to this order, except where the Director of Central Intelligence determines that compliance would jeopardize intelligence sources and methods. To the extent permitted by law and subject to the availability of appropriations, executive agencies and departments shall provide such support as may be necessary to enable the Committee to perform its duties and responsibilities under this order.
(c) Compliance. The Secretary shall be responsible for monitoring Federal agency compliance with the policies and recommendations of the Committee.
Ex. Ord. No. 13327. Federal Real Property Asset Management
Ex. Ord. No. 13327, Feb. 4, 2004, 69 F.R. 5897, as amended by Ex. Ord. No. 13423, §11(c), Jan. 24, 2007, 72 F.R. 3923; Ex. Ord. No. 13693, §16(d), Mar. 19, 2015, 80 F.R. 15881, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(b) This order shall not be interpreted to supersede any existing authority under law or by executive order for real property asset management, with the exception of the revocation of Executive Order 12512 of April 29, 1985 [formerly set out as a note above], in section 8 of this order.
(b) The Senior Real Property Officer shall develop and implement an agency asset management planning process that meets the form, content, and other requirements established by the Federal Real Property Council established in section 4 of this order. The initial agency asset management plan will be submitted to the Office of Management and Budget on a date determined by the Director of the Office of Management and Budget. In developing this plan, the Senior Real Property Officer shall:
(i) identify and categorize all real property owned, leased, or otherwise managed by the agency, including, where applicable, those properties outside the United States in which the lease agreements and arrangements reflect the host country currency or involve alternative lease plans or rental agreements;
(ii) prioritize actions to be taken to improve the operational and financial management of the agency's real property inventory;
(iii) make life-cycle cost estimations associated with the prioritized actions;
(iv) identify legislative authorities that are required to address these priorities;
(v) identify and pursue goals, with appropriate deadlines, consistent with and supportive of the agency's asset management plan and measure progress against such goals;
(vi) incorporate planning and management requirements for historic property under Executive Order 13287 of March 3, 2003 [
(vii) identify any other information and pursue any other actions necessary to the appropriate development and implementation of the agency asset management plan.
(c) The Senior Real Property Officer shall be responsible, on an ongoing basis, for monitoring the real property assets of the agency so that agency assets are managed in a manner that is:
(i) consistent with, and supportive of, the goals and objectives set forth in the agency's overall strategic plan under
(ii) consistent with the real property asset management principles developed by the Federal Real Property Council established in section 4 of this order; and
(iii) reflected in the agency asset management plan.
(d) The Senior Real Property Officer shall, on an annual basis, provide to the Director of the Office of Management and Budget and the Administrator of General Services:
(i) information that lists and describes real property assets under the jurisdiction, custody, or control of that agency, except for classified information; and
(ii) any other relevant information the Director of the Office of Management and Budget or the Administrator of General Services may request for inclusion in the Government-wide listing of all Federal real property assets and leased property.
(e) The designation of the Senior Real Property Officer shall be made by agencies within 30 days after the date of this order.
(b) The Council shall provide a venue for assisting the Senior Real Property Officers in the development and implementation of the agency asset management plans. The Council shall work with the Administrator of General Services to establish appropriate performance measures to determine the effectiveness of Federal real property management. Such performance measures shall include, but are not limited to, evaluating the costs and benefits involved with acquiring, repairing, maintaining, operating, managing, and disposing of Federal real properties at particular agencies. Specifically, the Council shall consider, as appropriate, the following performance measures:
(i) life-cycle cost estimations associated with the agency's prioritized actions;
(ii) the costs relating to the acquisition of real property assets by purchase, condemnation, exchange, lease, or otherwise;
(iii) the cost and time required to dispose of Federal real property assets and the financial recovery of the Federal investment resulting from the disposal;
(iv) the operating, maintenance, and security costs at Federal properties, including but not limited to the costs of utility services at unoccupied properties;
(v) the environmental costs associated with ownership of property, including the costs of environmental restoration and compliance activities;
(vi) changes in the amounts of vacant Federal space;
(vii) the realization of equity value in Federal real property assets;
(viii) opportunities for cooperative arrangements with the commercial real estate community; and
(ix) the enhancement of Federal agency productivity through an improved working environment. The performance measures shall be designed to enable the heads of executive branch agencies to track progress in the achievement of Government-wide property management objectives, as well as allow for comparing the performance of executive branch agencies against industry and other public sector agencies.
(c) The Council shall serve as a clearinghouse for executive agencies for best practices in evaluating actual progress in the implementation of real property enhancements. The Council shall also work in conjunction with the President's Management Council to assist the efforts of the Senior Real Property Officials and the implementation of agency asset management plans.
(d) The Council shall be organized and hold its first meeting within 60 days of the date of this order. The Council shall hold meetings not less often than once a quarter each fiscal year.
(b) The Administrator of General Services shall publish common performance measures and standards adopted by the Council.
(c) The Administrator of General Services, in consultation with the Federal Real Property Council, shall establish and maintain a single, comprehensive, and descriptive database of all real property under the custody and control of all executive branch agencies, except when otherwise required for reasons of national security. The Administrator shall collect from each executive branch agency such descriptive information, except for classified information, as the Administrator considers will best describe the nature, use, and extent of the real property holdings of the Federal Government.
(d) The Administrator of General Services, in consultation with the Federal Real Property Council, may establish data and other information technology (IT) standards for use by Federal agencies in developing or upgrading Federal agency real property information systems in order to facilitate reporting on a uniform basis. Those agencies with particular IT standards and systems in place and in use shall be allowed to continue with such use to the extent that they are compatible with the standards issued by the Administrator.
(b) The Office of Management and Budget and the General Services Administration shall, in consultation with the landholding agencies, develop legislative initiatives that seek to improve Federal real property management through the adoption of appropriate industry management techniques and the establishment of managerial accountability for implementing effective and efficient real property management practices.
(c) Nothing in this order shall be construed to impair or otherwise affect the authority of the Director of the Office of Management and Budget with respect to budget, administrative, or legislative proposals.
(d) Nothing in this order shall be construed to affect real property for the use of the President, Vice President, or, for protective purposes, the United States Secret Service.
[Section 3(b)(vi) of Ex. Ord. No. 13327 was amended by Ex. Ord. No. 13423 by substituting "other executive orders" for "Executive Order 13148 of April 21, 2000" and by Ex. Ord. No. 13693 by substituting "other Executive Orders" for "Executive Order 13148 of April 21, 2000". Text of Ex. Ord. No. 13327 set out above reflects the amendment made by Ex. Ord. No. 13693.]
Disposing of Unneeded Federal Real Estate—Increasing Sales Proceeds, Cutting Operating Costs, and Improving Energy Efficiency
Memorandum of President of the United States, June 10, 2010, 75 F.R. 33987, provided:
Memorandum for the Heads of Executive Departments and Agencies
My Administration is committed to eliminating all forms of Government waste and to leading by example as our Nation transitions to a clean energy economy. For decades, the Federal Government, the largest property owner and energy user in the United States, has managed more real estate than necessary to effectively support its programs and missions. Both taxpayer dollars and energy resources are being wasted to maintain these excess assets. In addition, many of the properties necessary for the Government's work are not operated efficiently, resulting in wasted funds and excessive greenhouse gas pollution. For example, over the past decade, the private sector reduced its data center footprint by capitalizing on innovative technologies to increase efficiencies. However, during that same period, the Federal Government experienced a substantial increase in the number of data centers, leading to increased energy consumption, real property expenditures, and operations and maintenance costs. Past attempts at reducing the Federal Government's civilian real property assets produced small savings and had a minor impact on the condition and performance of mission-critical properties. These efforts were not sufficiently comprehensive in disposing of excess real estate and did not emphasize making more efficient use of existing assets.
To eliminate wasteful spending of taxpayer dollars, save energy and water, and further reduce greenhouse gas pollution, I hereby direct executive departments and agencies (agencies) to accelerate efforts to identify and eliminate excess properties. Agencies shall also take immediate steps to make better use of remaining real property assets as measured by utilization and occupancy rates, annual operating cost, energy efficiency, and sustainability. To the extent permitted by law, agency actions shall include accelerating cycle times for identifying excess assets and disposing of surplus assets; eliminating lease arrangements that are not cost effective; pursuing consolidation opportunities within and across agencies in common asset types (such as data centers, office space, warehouses, and laboratories); increasing occupancy rates in current facilities through innovative approaches to space management and alternative workplace arrangements, such as telework; and identifying offsetting reductions in inventory when new space is acquired. Agency actions taken under this memorandum shall align with and support the actions to measure and reduce resource use and greenhouse gas emissions in Federal facilities pursuant to [former] Executive Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and the Federal Data Center Consolidation Initiative, which was announced by the Office of Management and Budget (OMB) in February 2010.
In total, agency efforts required by this memorandum should produce no less than $3 billion in cost savings by the end of fiscal year 2012, yielded from increased proceeds from the sale of assets and reduced operating, maintenance, and energy expenses from disposals or other space consolidation efforts, including leases that are ended. This is in addition to the Department of Defense's Base Realignment and Closure efforts that are expected to achieve $9.8 billion in savings from fiscal year 2010 to fiscal year 2012, of which $5 billion is a direct result of reduced operating and maintenance from disposals or other consolidation efforts. In addition, in order to address the growth of data centers across the Federal Government, agencies shall immediately adopt a policy against expanding data centers beyond current levels, and shall develop plans to consolidate and significantly reduce data centers within 5 years. Agencies shall submit their plans to OMB for review by August 30, 2010.
To achieve these goals, the Director of the OMB shall develop, in consultation with the Administrator of General Services and the Federal Real Property Council established pursuant to Executive Order 13327 of February 4, 2004 (Federal Real Property Asset Management), within 90 days of the date of this memorandum, guidance for actions agencies should take to carry out the requirements of this memorandum. The guidance shall include agency-specific targets to achieve $3 billion in cost savings and shall be developed in consultation with the agencies. The Administrator of General Services, in consultation with the Director of the OMB, shall coordinate agency efforts to satisfy the requirements of this memorandum and shall submit to the President periodic reports on the results achieved.
This memorandum shall be implemented consistent with applicable law and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
The Director of the OMB is hereby authorized and directed to publish this memorandum in the Federal Register.
Barack Obama.
§122. Prohibition on sex discrimination
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 122 | 40:476. | June 30, 1949, ch. 288, title VI, §606, as added |
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b), is
§123. Civil remedies for fraud
(a)
(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 Government because of each act; and
(C) the cost of suit;
(2) if the Government elects, shall pay to the Government, as liquidated 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 retaining as liquidated damages, the money, property, or other consideration given to the Government.
(b)
(c)
(d)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 123(a) | 40:489(b). | June 30, 1949, ch. 288, title II, §209, |
| 123(b) | 40:489(d). | |
| 123(c) | 40:489(a). | |
| 123(d) | 40:489(c). |
In subsection (a), before clause (1), the words "under this subtitle" are substituted for "hereunder" because "hereunder" probably means under the Federal Property and Administrative Services Act of 1949 which is restated in subtitle I of the revised title (except as noted in section 111 of the revised title and the accompanying revision note). The words "or engage in", "or engaged in", "securing or", and "secure or" are omitted as unnecessary. The word "money" is substituted for "payment" for consistency in the section.
In subsection (a)(1)(B), the words "because of each act" are substituted for "by reason thereof" for clarity.
In subsection (a)(2), the words "or any Federal agency" and "or any Federal agency, as the case may be" are omitted as unnecessary.
In subsection (a)(3), the words "fraudulently obtained" are substituted for "thus secured and obtained" for clarity and to eliminate unnecessary words.
In subsection (d)(1), the word "several" is omitted as unnecessary. The words "the District Court of the United States for the District of Columbia" in section 209(c) of the Federal Property and Administrative Services Act of 1949 are omitted as included in "a district court of the United States" because of
Subsection (d)(2) is substituted for "[D]istrict courts . . . within whose jurisdictional limits the person, or persons, doing or committing such act, or any one of them, resides or shall be found, shall wheresoever such act may have been done or committed, have full power and jurisdiction to hear, try, and determine such suit" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
In subsection (d)(3), the words "A defendant that does not reside and may not be found in the court's judicial district" are substituted for "and such person or persons as are not inhabitants of or found within the district in which suit is brought" for clarity and to use terminology consistent with title 28, especially 28:1331 and 1391(b).
§124. Agency use of amounts for property management
Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 124 | 40:475(b). | June 30, 1949, ch. 288, title VI, §603(b), formerly §503(b), |
The words "heretofore or hereafter" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 603(b) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (
§125. Library memberships
Amounts appropriated may be used, when authorized by the Administrator 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 125 | 40:475(a). | June 30, 1949, ch. 288, title VI, §603(a), formerly §503(a), |
The words "such sums as may be necessary to carry out the provisions of this Act" are omitted as unnecessary.
§126. Reports to Congress
The Administrator of General Services, at times the Administrator considers 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 identify any law that is obsolete because of the enactment or operation of this subtitle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 126 | 40:492. | June 30, 1949, ch. 288, title II, §212, formerly §210, |
The words "in January of each year and" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (
CHAPTER 3 —ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
SUBCHAPTER I—GENERAL
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—FUNDS
Editorial Notes
Amendments
2006—
2002—
1 Section repealed by
SUBCHAPTER I—GENERAL
§301. Establishment
The General Services Administration is an agency in the executive branch of the Federal Government.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 40:751(a). | June 30, 1949, ch. 288, title I, §101(a), |
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the General Services Administration, including the functions of the Administrator of General Services relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see
5-Year Plans for Federal Building Construction and Land Port-of-Entry Projects
Similar provisions were contained in the following prior appropriation act:
Executive Documents
REORGANIZATION PLAN NO. 18 OF 1950
Eff. July 1, 1950, 15 F.R. 3177, 64 Stat. 1270
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, March 13, 1950, pursuant to the provisions of the Reorganization Act of 1949, approved June 20, 1949 [see
BUILDING AND SPACE MANAGEMENT FUNCTIONS
Section 1. Transfer of Space Assignment and Leasing Functions
All functions with respect to acquiring space in buildings by lease, and all functions with respect to assigning and reassigning space in buildings for use by agencies (including both space acquired by lease and space in Government-owned buildings), are hereby transferred from the respective agencies in which such functions are now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—
(a) space in buildings located in any foreign country;
(b) space in buildings which are located on the grounds of any fort, camp, post, arsenal, Navy yard, naval training station, air-field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use shall have been issued by the Secretary of Defense or his duly authorized representative;
(c) space occupied by the Post Office Department in post-office buildings and space acquired by lease for post-office purposes; and
(d) space in other Government-owned buildings which the Administrator of General Services finds are wholly or predominantly utilized for the special purposes of the agency having the custody thereof and are not generally suitable for the use of other agencies (including but not limited to hospitals, housing, laboratories, mints, manufacturing plants, and penal institutions), and space acquired by lease for any such purpose:
Provided, That the space needs of the Post Office Department shall be given priority in the assignment and reassignment of space in post office buildings.
Sec. 2. Transfer of Office Building Management Functions
All functions with respect to the operation, maintenance, and custody of office buildings owned by the Government and of office buildings or parts thereof acquired by lease, including those post-office buildings which, as determined by the Director of the Bureau of the Budget, are not used predominantly for post-office purposes, are hereby transferred from the respective agencies in which now vested to the Administrator of General Services, exclusive, however, of all such functions with respect to—
(a) any building located in any foreign country;
(b) any building located on the grounds of any fort, camp, post, arsenal, navy yard, naval training station, air field, proving ground, military supply depot, or school, or of any similar facility, of the Department of Defense, unless and to such extent as a permit for its use by another agency or agencies shall have been issued by the Secretary of Defense or his duly authorized representative;
(c) any building which the Administrator of General Services finds to be a part of a group of buildings which are (1) located in the same vicinity, (2) are utilized wholly or predominantly for the special purposes of the agency having custody thereof, and (3) are not generally suitable for the use of other agencies; and
(d) the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Bureau of Standards, and the buildings under the jurisdiction of the regents of the Smithsonian Institution.
[References to National Bureau of Standards deemed to refer to National Institute of Standards and Technology pursuant to section 5115(c) of
Sec. 3. Performance of Transferred Functions
(a) The Administrator of General Services may from time to time make such provisions as he shall deem appropriate authorizing the performance by any other officer, or by any agency or employee, of the General Services Administration of any function transferred to such Administrator by the provisions of this reorganization plan.
(b) When authorized by the Administrator of General Services, any function transferred to him by the provisions of this reorganization plan may be performed by the head of any agency of the executive branch of the Government or, subject to the direction and control of any such agency head, by such officers, employees, and organizational units under the jurisdiction of such agency head as such agency head may designate: Provided, That functions with respect to post-office buildings shall not be delegated under the authority of this subsection to the head of any agency other than the Postmaster General.
(c) The Administrator of General Services shall prescribe such regulations as he deems desirable for the economical and effective performance of the functions transferred by the provisions of this reorganization plan.
Sec. 4. Transfer of Personnel, Property, Records, and Funds
There shall be transferred from time to time, between the agencies concerned and for use in connection with the functions transferred by the provisions of this reorganization plan, so much of the personnel, property, records, and unexpended balances (available or to be made available) of appropriations, allocations, and other funds, relating to such functions, as may be necessary for the performance of said functions. Such further measures and dispositions as the Director of the Bureau of the Budget shall determine to be necessary in order to effectuate the transfers provided for in this section shall be carried out in such manner as the Director shall direct and by such agencies as he shall designate.
Sec. 5. Effective Date
The provisions of this reorganization plan shall take effect on the 1st day of July 1950.
[The Post Office Department has been redesignated the United States Postal Service pursuant to
Message of the President
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 18 of 1950, prepared in accordance with the provisions of the Reorganization Act of 1949. The plan transfers to the Administrator of General Services the functions of the various Federal agencies with respect to leasing and assigning general-purpose space in buildings and the operation, maintenance, and custody of office buildings. Since such authority is already largely concentrated in the General Services Administration with respect to the District of Columbia, the plan principally relates to the administration of these functions in the field.
The transfers made by this plan will promote more economical leasing, better utilization of building space, and more efficient operation of Government-controlled office buildings. They will effectuate the recommendations of the Commission on Organization of the Executive Branch of the Government with respect to concentrating in the General Services Administration the responsibility for space allotment and the operation of Government buildings outside of the District of Columbia. Likewise, they will extend the principles laid down by the Congress in enacting the Federal Property and Administrative Services Act of 1949 to another important area of Government-wide administrative services—the administration of Government office buildings and general-purpose building space in the field.
Within the District of Columbia, one agency, the Public Buildings Service of the General Services Administration, has long had the operation and custody of most Government buildings and the leasing and assignment of space for executive agencies. Thus, nearly all requests for building space are handled by a single organization which is responsible for seeing that agencies are properly and efficiently housed. This arrangement has proved its worth and has repeatedly been approved by the Congress.
Outside of the National Capital, however, responsibility for the acquisition and control of building space and the operation of Government buildings is widely diffused. A variety of agencies operate and control general-purpose buildings. If quarters are not available in Federal buildings, each agency ordinarily does its own leasing. As a result, in some cases Federal agencies have contracted for space at high rentals at the very time that other agencies have been giving up surplus low-cost space.
The assignment of space in Government-owned buildings outside of Washington is also divided among a number of agencies. While the Public Buildings Service constructs a large part of the Government buildings, it operates and controls the assignment of space in only a small proportion of them. The Post Office Department operates and allocates the space in post-office buildings, several hundred of which contain substantial amounts of office space available for other agencies. During and immediately after the war several other Federal agencies acquired office buildings in the field. As their activities have contracted, surplus space in many of these structures has become available for other uses.
This plan concentrates in the General Services Administration the responsibility for the leasing and assignment of what is termed general-purpose building space; that is, space which is suitable for the uses of a number of Federal agencies. It specifically excludes space in buildings at military posts, arsenals, navy yards, and similar defense installations and space in hospitals, laboratories, factories, and other special-purpose buildings.
Also, the plan excludes the Post Office Department from the transfer of leasing authority since the Department has a highly developed organization for this purpose, and it limits the transfer of space assignment authority in post-office buildings to the space not occupied by the Department. Further, it gives the needs of the Post Office Department priority in the assignment of space in post-office buildings. Thus, the plan amply safeguards the interests of the Post Office Department while making it possible to include the general office space in post-office buildings in any given city with other similar space under Federal control in planning and executing an efficient program for housing Government agencies in that area.
In addition, the plan transfers to the General Services Administration the operation, maintenance, and custody of office buildings owned or leased by the Government, including those post-office buildings which are not used predominantly for post-office purposes. This will make it possible to establish a single organization for the operation and maintenance of Government office buildings in principal cities in the field as has proved desirable in the National Capital. Since many post offices are in fact primarily large office buildings, the plan includes in this transfer the post-office buildings which are not used predominantly for post-office purposes. This will relieve the Post Office Department of a considerable expenditure for building operation and maintenance which properly should not be charged against postal revenues.
While the plan effects a broad transfer of functions with respect to leasing and assignment of space and the operation and maintenance of office buildings, it specifically authorizes the Administrator of General Services to delegate the performance of any part of these functions to other agencies subject to such regulations as he deems desirable for economical and effective administration. In this the plan follows the pattern adopted by the Federal Property and Administrative Services Act of 1949 for other branches of property management. In large urban centers where numerous Federal units are located unified administration of space activities by the General Services Administration will normally be advantageous. On the other hand, in the smaller communities it will no doubt be desirable to delegate the work back to the agencies directly affected, to be carried on under standards laid down by the Administrator of General Services. The plan provides ample flexibility for working out the most effective administrative arrangement for each type of situation.
The fundamental soundness and economy of centralized administration of building space have been amply demonstrated in the National Capital. By virtue of unified control it has been possible since the war to accomplish far-reaching changes which have consolidated agencies in much fewer locations, released many of the rented buildings, and greatly reduced the cost of housing the Government establishment. Similar procedures applied in the larger centers of field activity should produce substantial savings.
After investigation, I have found, and hereby declare, that each reorganization contained in this plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949.
While it is not possible at this time to calculate the reduction in expenditures which will result from this plan, it can safely be predicted that it will produce substantial savings. I am confident that this reorganization plan will constitute a significant improvement in Federal business practice and will bring about an important increase in efficiency in housing Government agencies.
Harry S Truman.
Ex. Ord. No. 13538. Establishing the President's Management Advisory Board
Ex. Ord. No. 13538, Apr. 19, 2010, 75 F.R. 20895, as amended by Ex. Ord. No. 13652, §4, Sept. 30, 2013, 78 F.R. 61818, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
(b) The functions of the PMAB shall be advisory only.
(b) The DDM shall serve as Chair of the PMAB. The Chair shall convene and preside at meetings of the PMAB, determine its agenda, and direct its work.
(c) Members appointed by the President shall serve for a term of 2 years and shall be eligible for reappointment. Members may continue to serve after the expiration of their terms until the appointment of a successor.
(b) All executive departments, agencies, and offices shall provide information and assistance to the PMAB as the Chair may request for purposes of carrying out the PMAB's functions, to the extent permitted by law.
(c) The PMAB shall have a staff headed by an Executive Director, who shall be a full-time or permanent part-time Federal employee appointed by the Chair. The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA). The Executive Director may serve as the DFO.
(d) Members of the PMAB shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Barack Obama.
Extension of Term of President's Management Advisory Board
Term of President's Management Advisory Board extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
Previous extensions of term of President's Management Advisory Board were contained in the following prior Executive Orders:
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.
§302. Administrator and Deputy Administrator
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302 | 40:751(b), (c). | June 30, 1949, ch. 288, title I, §101(b), (c), |
§303. Federal Acquisition Service
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a)(1) | 40:752(a). | June 30, 1949, ch. 288, title I, §102, |
| 303(a)(2) | 40:752(c). | |
| 303(b) | 40:753. | June 30, 1949, ch. 288, title I, §103, |
In subsection (a)(1), the text of 40:752(a) (2d, last sentences) is omitted as executed.
Subsection (a)(2) is substituted for 40:752(c) to eliminate obsolete language.
In subsection (b), the text of 40:753(a) (related to Public Roads) is omitted because the Bureau of Public Roads was transferred to the Department of Commerce under section 1 of Reorganization Plan No. 7 of 1949 (eff. Aug. 20, 1949,
Editorial Notes
Amendments
2006—
"(a)
"(1)
"(A) the Bureau;
"(B) the Director of the Bureau;
"(C) the personnel of the Bureau; or
"(D) the Secretary of the Treasury.
"(2)
"(b)
"(1) the Federal Works Agency;
"(2) the Federal Works Administrator; or
"(3) the Commissioner of Public Buildings."
Statutory Notes and Related Subsidiaries
Change of Name
"(1) to the Federal Supply Service is deemed to refer to the Federal Acquisition Service;
"(2) to the GSA Federal Technology Service is deemed to refer to the Federal Acquisition Service;
"(3) to the Commissioner of the Federal Supply Service is deemed to refer to the Commissioner of the Federal Acquisition Service; and
"(4) to the Commissioner of the GSA Federal Technology Service is deemed to refer to the Commissioner of the Federal Acquisition Service."
Effective Date of 2006 Amendment
Amendment by
Executive Documents
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to the Administrator of General Services, see Parts 1, 2, and 18 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304 | 40:760. | June 30, 1949, ch. 288, title I, §112, as added |
The text of 40:760(b) is omitted as unnecessary because of section 121(b)(1) of the revised title. The text of 40:760(c) is omitted because the authorization for fiscal year ending September 30, 1980 is obsolete and the authorization for "such sums as may be necessary" for succeeding years is unnecessary.
§305. Electronic Government and information technologies
The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies.
(Added
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days after Dec. 17, 2002, see section 402(a) of
SUBCHAPTER II—ADMINISTRATIVE
§311. Personnel
(a)
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 311(a)–(c) | 40:758. | June 30, 1949, ch. 288, title II, §208, |
| 311(d) | 40:253. | June 23, 1913, ch. 3, §1 (proviso on p. 17), |
In subsections (a) and (b), the words "and title III of the Federal Property and Administrative Services Act of 1949 (
In subsection (a), the words "subject to chapters 33 and 51 and subchapter III of
In subsection (b), the words "under
In subsection (c), the words "
In subsection (d), the words "On and after June 23, 1913" are omitted as obsolete. The word "Administrator" is substituted for "Secretary of the Treasury" [subsequently changed to "Federal Works Administrator" because of section 301 of Reorganization Plan No. I of 1939 (eff. July 1, 1939,
Editorial Notes
Amendments
2011—Subsecs. (a), (b).
[§312. Repealed. Pub. L. 111–8, div. D, title V, §518(c)(1), Mar. 11, 2009, 123 Stat. 665 ]
Section,
§313. Tests of materials
(a)
(b)
(1) determine whether an article or commodity conforms to prescribed specifications and standards; or
(2) aid in the development of specifications and standards.
(c)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 313(a) | 40:756(g) (1st sentence words before 1st comma). | June 30, 1949, ch. 288, title I, §109(g) (1st–3d sentences), as added Sept. 5, 1950, ch. 849, §3(b), |
| 313(b) | 40:756(g) (1st sentence words after 1st comma). | |
| 313(c) | 40:756(g) (2d, 3d sentences). |
In subsection (b), the word "contemplated" is omitted as unnecessary.
SUBCHAPTER III—FUNDS
§321. Acquisition Services Fund
(a)
(b)
(1)
(2)
(A) the net proceeds of disposal of surplus personal property; and
(B) receipts from carriers and others for loss of, or damage to, personal property; and
(C) receipts from agencies charged fees pursuant to rates established by the Administrator.
(3)
(4)
(c)
(1)
(A) procuring, for the use of federal agencies in the proper discharge of their responsibilities—
(i) personal property (including the purchase from or through the Director of the Government Publishing Office, 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);
(ii) nonpersonal services; and
(iii) personal services related to the provision of information technology (as defined in
(B) paying the purchase price, cost of transportation of personal property and services, and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; and
(C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.
(2)
(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)
(1)
(2)
(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;
(v) the cost of personal services employed directly in providing information technology (as defined in
(vi) 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 subsection (c)(1)(C).
(3)
(A)
(B)
(C)
(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)
(f)
(g)
(
In subsection (b)(1), the words "the assets of the general supply fund (including any surplus therein) created by section 3 of the Act of February 27, 1929 (
In subsection (b)(2)(B), the words "Amounts credited under this paragraph" are substituted for "and the same" for clarity.
In subsection (c)(2), the words "Subject to the requirements of subsections (a) to (e) of this section" are omitted as unnecessary.
In subsection (d)(1), the words "For property or services procured through the Fund for requisitioning agencies" are added for clarity.
In subsection (d)(2)(B), the words "with respect to the supplies or services concerned" are omitted as included in "properly allocable costs".
In subsection (e), the text of 40:756b(b) and the words "Notwithstanding any other provision of law" are omitted as unnecessary.
In subsection (f)(2), the words "on and after June 5, 1981" are omitted as obsolete.
Editorial Notes
Amendments
2006—
Subsecs. (a), (b).
Subsec. (c)(1)(A)(iii).
Subsec. (d)(2)(A)(v), (vi).
Subsec. (f).
"(1)
"(2)
Statutory Notes and Related Subsidiaries
Change of Name
"Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (c)(1)(A)(i) on authority of section 1301(d) of
Effective Date of 2006 Amendment
Amendment by
Acquisition Services Fund
"(a)
"(b)
"(c)
[§322. Repealed. Pub. L. 109–313, §3(h)(1), Oct. 6, 2006, 120 Stat. 1736 ]
Section,
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 60 days after Oct. 6, 2006, see section 6 of
§323. Consumer Information Center Fund 1
(a)
(b)
(1) appropriations from the Treasury for Federal Citizen Services activities;
(2) user fees from the public;
(3) reimbursements from other federal agencies for costs of distributing publications; and
(4) any other income incident to Center 2 activities.
(c)
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a)–(d) | 40:761. | |
| 323(e) | 40:761a. |
In this section, the text of 40:761 (6th–last sentences) is omitted as obsolete.
In subsection (a), the words "Notwithstanding any other provision of law" are omitted as unnecessary.
In subsection (b), the words "for fiscal year 1983 and subsequent fiscal years" are omitted as obsolete and unnecessary.
In subsection (e), the words "Notwithstanding any other provision of law" and "during fiscal year 1998 and hereafter" are omitted as unnecessary.
Editorial Notes
Amendments
2009—Subsec. (a).
Subsec. (b)(1).
1 So in original. Probably should be "Federal Citizen Services Fund".
2 So in original. See 2009 Amendment notes below.
CHAPTER 5 —PROPERTY MANAGEMENT
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
SUBCHAPTER II—USE OF PROPERTY
SUBCHAPTER III—DISPOSING OF PROPERTY
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
SUBCHAPTER VII—PROPERTY MANAGEMENT
Editorial Notes
Amendments
2016—
SUBCHAPTER I—PROCUREMENT AND WAREHOUSING
§501. Services for executive agencies
(a)
(1)
(A) to the extent that the Administrator of General Services determines that the action is advantageous to the Federal Government in terms of economy, efficiency, or service; and
(B) with due regard to the program activities of the agency.
(2)
(b)
(1)
(A)
(B)
(2)
(A)
(B)
(c)
(A) in negotiations with carriers and other public utilities; and
(B) in proceedings involving carriers or other public utilities before federal and state regulatory bodies.
(2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall—
(A) notify the senior mission commander of the installation; and
(B) solicit and represent the interests of the installation as determined by the installation's senior mission commander.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 501(a) | 40:481(a) (words before cl. (1), last proviso). | June 30, 1949, ch. 288, title II, §201(a), |
| 501(b) | 40:481(a)(1), (3). | |
| 501(c) | 40:481(a)(4). | |
| 501(d) | 40:481(a)(2). |
In subsection (a)(2), the words "from time to time" are omitted as unnecessary. The words "Department of Defense" are substituted for "National Military Establishment" in section 201(a) (last proviso) of the Federal Property and Administrative Services Act of 1949, because the Department of Defense was deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412,
In subsection (b)(2)(B), the words "subject to regulations" are substituted for "subject to regulations and regulations" in section 201(a)(1) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (
Editorial Notes
Amendments
2018—Subsec. (c).
2011—Subsec. (b)(2)(B).
§502. Services for other entities
(a)
(1) a federal agency;
(2) a mixed-ownership Government corporation (as defined in
(3) the District of Columbia.
(b)
(1)
(A)(i) a qualified nonprofit agency for the blind (as defined in
(ii) a qualified nonprofit agency for other severely disabled (as defined in
(B) providing a commodity or service to the Federal Government under
(2)
(c)
(1)
(A) Automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70).
(B) Alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement and security equipment, marine craft and related equipment, special purpose clothing, and related services (as contained in Federal supply classification code group 84 or any amended or subsequent version of that Federal supply classification group).
(2)
(3)
(A) The term "State or local government" includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education).
(B) The term "tribal government" means—
(i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and
(ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (
(C) The term "local educational agency" has the meaning given that term in section 7013 of the Elementary and Secondary Education Act of 1965.
(D) The term "institution of higher education" has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 502(a) | 40:481(b)(1). | June 30, 1949, ch. 288, title II, §201(b), |
| 502(b) | 40:481(b)(2). |
In subsection (b)(2), the words "the authority of" in 40:481(b)(2)(B) are omitted as unnecessary. The words "Committee for Purchase From People Who Are Blind or Severely Disabled" are substituted for ["]Committee for Purchase from the Blind and Other Severely Handicapped" because of section 911(a) of the Rehabilitation Act Amendments of 1992 (
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (c)(3)(B)(ii), is
Section 7013 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(3)(C), is classified to
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1), is
Amendments
2015—Subsec. (c)(3)(C).
2011—Subsec. (b)(1)(A)(i).
Subsec. (b)(1)(A)(ii).
Subsec. (b)(1)(B).
Subsec. (b)(2).
2010—Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
2008—Subsec. (c)(1).
2006—Subsec. (d).
2002—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2002 Amendment
Amendment by
Procedures
Public Land Management Agency Foundations
§503. Exchange or sale of similar items
(a)
(b)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 503 | 40:481(c). | June 30, 1949, ch. 288, title II, §201(c), |
In subsection (a), the words "in such cases" are omitted as unnecessary.
In subsection (b)(1), the words "subject to regulations" are substituted for "subject to regulations and regulations" in section 201(c) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (
In subsection (b)(2), the words "the authority of" are omitted as unnecessary.
Editorial Notes
Amendments
2011—Subsec. (b)(1).
Subsec. (b)(3).
§504. Agency cooperation for inspection
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 504 | 40:481(d). | June 30, 1949, ch. 288, title II, §201(d), as added |
In subsection (b), the words "
In subsection (c), the words "and methods" are added for consistency with section 501(b)(2) of the revised title.
§505. Exchange or transfer of medical supplies
(a)
(1)
(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)
(b)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 505 | 40:481(e). | June 30, 1949, ch. 288, title II, §201(e), as added |
In subsection (a)(2), the words "holding such medical materials or supplies" and "provided for in the first sentence of this subsection" are omitted as unnecessary because of the reorganization of the revised section. The words "in sufficient time to allow for" are substituted for "at such times as to insure . . . in sufficient time" for clarity and to eliminate unnecessary words.
§506. Inventory controls and systems
(a)
(1)
(A)
(B)
(C)
(D)
(E)
(F)
(2)
(A)
(B)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 506 | 40:487. | June 30, 1949, ch. 288, title II, §206, |
In subsection (a)(1)(B), the words "from time to time" are omitted as unnecessary. The words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 206(a)(2) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (a)(1)(D), the words "Subject to regulations" are substituted for "subject to regulations and regulations" in section 206(a)(4) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Procurement Policy Act Amendments of 1983 (
In subsection (a)(2)(A), the words "Department of Defense" are substituted for "National Military Establishment" in section 206(a) of the Federal Property and Administrative Services Act of 1949 because the Department of Defense is deemed to succeed the National Military Establishment under section 12(a) and (g) of the National Security Act Amendments of 1949 (ch. 412,
In subsection (c), the words "Comptroller General" are substituted for "General Accounting Office" because of 31:702 and for consistency in the revised title.
Editorial Notes
Amendments
2019—Subsec. (a)(1)(E), (F).
2011—Subsec. (a)(1)(D).
SUBCHAPTER II—USE OF PROPERTY
§521. Policies and methods
Subject to
(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
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 521 | 40:483(a)(1) (1st sentence). | June 30, 1949, ch. 288, title II, §202(a)(1) (1st sentence), |
The words "the provisions of" are omitted as unnecessary.
Statutory Notes and Related Subsidiaries
Public Inventory of Guam Land Parcels for Transfer to Government of Guam
"(a)
"(1)
"(A) The parcels are currently owned by the United States Government and are under the administrative jurisdiction of the Department of the Navy.
"(B) The Secretary has determined or expects to determine the parcels to be excess to the needs of the Department of the Navy.
"(C) Under Federal law, including
"(2)
"(A) the approximate size of the parcel;
"(B) an estimate of the fair market value of the parcel, if available or as practicable;
"(C) the date on which the Secretary determined, or the date by which the Secretary expects to determine, that the parcel is excess and made eligible for transfer to the territorial government; and
"(D) the citation of the specific legal authority (including the Guam Omnibus Opportunities Act) under which the Secretary will transfer the parcel to the territorial government or otherwise dispose of the parcel.
"(b)
"(1) The Tanguisson Power Plant (5 acres), listed as Site 14 in the Report.
"(2) The Harmon Substation Annex (9.9 acres), listed as Site 15 in the Report.
"(3) The Piti Power Plant and Substation (15.5 acres), listed as Site 38 in the Report.
"(4) Apra Heights Lot 403–1 (0.5 acres), listed as Site 55 in the Report.
"(5) The Agana Power Plant and Substation (5.9 acres), listed as Site 54 in the Report.
"(6) The ACEORP Maui Tunnel-Tamuning Route 1 behind Old Telex (3.7 acres), listed as Site 23 in the Report.
"(7) The Parcel South of Camp Covington, Parcel 7 (60.8 acres), listed as Site 49 in the Report.
"(8) The NCTS Beach Lot, adjacent to the Tanguisson Power Plant (13.3 acres), listed as Site 13 in the Report.
"(9) The Hoover Park Annex (also known as 'Old USO Beach'; 6 acres), listed as Site 37 in the Report.
"(10) Parcel 'C' Marbo Cave Annex (5 acres), listed as Site 12 in the Report.
"(c)
"(1)
"(2)
"(d)
"(e)
"(1) The inventory maintained under subsection (a), including the parcels required to be included in such inventory under subsection (b).
"(2) All requests submitted by the Governor under subsection (c), including any proposed public benefit use or public purpose specified in any such request.
"(3) A copy of each response provided by the Secretary to each request submitted by the Governor under subsection (c).
"(4) A description of each parcel of land transferred by the Secretary to the territorial government after January 20, 2011, including the following:
"(A) The approximate size of the parcel.
"(B) An estimate of the fair market value of the parcel, if available or as practicable.
"(C) The specific legal authority under which the Secretary transferred the parcel to the territorial government.
"(D) The date the parcel was transferred to the territorial government.
"(f)
"(1) 2017
"(2)
"(3)
"(4)
Opportunity for the Government of Guam To Acquire Excess Real Property in Guam
"(a)
"(2) If the Government of Guam, within 180 days after receiving notification under paragraph (1), notifies the Administrator that the Government of Guam intends to acquire the property under this section, the Administrator shall transfer such property in accordance with subsection (b). Otherwise, the property shall be screened for further Federal use and then, if there is no other Federal use, shall be disposed of in accordance with the Property Act.
"(b)
"(2) All transfers of excess real property to the Government of Guam shall be subject to such restrictive covenants as the Administrator, in consultation with the Secretary of Defense, in the case of property reported excess by a military department, determines to be necessary to ensure that: (A) the use of the property is compatible with continued military activities on Guam; (B) the use of the property is consistent with the environmental condition of the property; (C) access is available to the United States to conduct any additional environmental remediation or monitoring that may be required; (D) the property is used only for a public purpose and can not be converted to any other use; and (E) to the extent that facilities on the property have been occupied and used by another Federal agency for a minimum of 2 years, that the transfer to the Government of Guam is subject to the terms and conditions for such use and occupancy.
"(3) All transfers of excess real property to the Government of Guam are subject to all otherwise applicable Federal laws, except
"(c)
"(1) The term 'Administrator' means—
"(A) the Administrator of General Services; or
"(B) the head of any Federal agency with the authority to dispose of excess real property on Guam.
"(2) The term 'base closure law' has the meaning given such term in
"(3) The term 'excess real property' means excess property (as that term is defined in section 3 of the Property Act [now
"(4) The term 'Guam National Wildlife Refuge' includes those lands within the refuge overlay under the jurisdiction of the Department of Defense, identified as DoD lands in figure 3, on page 74, and as submerged lands in figure 7, on page 78 of the 'Final Environmental Assessment for the Proposed Guam National Wildlife Refuge, Territory of Guam, July 1993' to the extent that the Federal Government holds title to such lands.
"(5) The term 'public purpose' means those public benefit purposes for which the United States may dispose of property pursuant to section 203 of the Property Act [now
"(d)
"(1) to real property on Guam that is declared excess by the Department of Defense for the purpose of transferring that property to the Coast Guard;
"(2) to real property on Guam that is located within the Guam National Wildlife Refuge, which shall be transferred according to the following procedure:
"(A) The Administrator shall notify the Government of Guam and the Fish and Wildlife Service that such property has been declared excess. The Government of Guam and the Fish and Wildlife Service shall have 180 days to engage in discussions toward an agreement providing for the future ownership and management of such real property.
"(B) If the parties reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section.
"(C) If the parties do not reach an agreement under subparagraph (A) within 180 days after notification of the declaration of excess, the Administrator shall provide a report to Congress on the status of the discussions, together with his recommendations on the likelihood of resolution of differences and the comments of the Fish and Wildlife Service and the Government of Guam. If the subject property is under the jurisdiction of a military department, the military department may transfer administrative control over the property to the General Services Administration subject to any terms and conditions applicable to such property. In the event of such a transfer by a military department to the General Services Administration, the Department of the Interior shall be responsible for all reasonable costs associated with the custody, accountability and control of such property until final disposition.
"(D) If the parties come to agreement prior to congressional action, the real property shall be transferred and managed in accordance with such agreement: Provided, That such agreement shall be transmitted to the Committee on Energy and Natural Resources of the United States Senate and the appropriate committees of the United States House of Representatives not less than 60 days prior to such transfer and any such transfer shall be subject to the other provisions of this section.
"(E) Absent an agreement on the future ownership and use of the property, such property may not be transferred to another Federal agency or out of Federal ownership except pursuant to an Act of Congress specifically identifying such property;
"(3) to real property described in the Guam Excess Lands Act (
"(4) to real property on Guam that is declared excess as a result of a base closure law; or
"(5) to facilities on Guam declared excess by the managing Federal agency for the purpose of transferring the facility to a Federal agency that has occupied the facility for a minimum of 2 years when the facility is declared excess together with the minimum land or interest therein necessary to support the facility.
"(e)
"(f)
§522. Reimbursement for transfer of excess property
(a)
(b)
(1) net proceeds are requested under
(2) either the transferor or the transferee agency (or the organizational unit affected) is—
(A) subject to
(B) an organization specified in
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 522 | 40:483(a)(1) (last sentence). | June 30, 1949, ch. 288, title II, §202(a)(1) (last sentence), |
In subsection (a), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorganization Plan No. 2 of 1970 (eff. July 1, 1970,
In subsection (b)(1), the reference to "section 204(b)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 is translated as a reference to section 204(c) of the Act because subsection (b) was redesignated as (c) by the Act of August 31, 1954 (ch.1178,
In subsection (b)(2)(A), the words "
In subsection (c), the word "at" is substituted for "as" (in the phrase "as [sic] prices set by the Administrator") to reflect the probable intent of Congress. See Senate Report No. 2075, dated July 2, 1952 (United States Code Congressional and Administrative News, 82nd Congress, 2d Session, 1952, Volume 2, p. 2123).
Editorial Notes
Amendments
2006—Subsec. (a).
Subsec. (b).
§523. Excess real property located on Indian reservations
(a)
(b)
(1)
(2)
(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 523 | 40:483(a)(2). | June 30, 1949, ch. 288, title II, §202(a)(2), as added |
§524. Duties of executive agencies
(a)
(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;
(5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator;
(6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property;
(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;
(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—
(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and
(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
(9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;
(10) assess leased space to identify space that is not fully used or occupied;
(11) on an annual basis and subject to the guidance of the Federal Real Property Council—
(A) conduct an inventory of real property under control of the executive agency; and
(B) make an assessment of each property, which shall include—
(i) the age and condition of the property;
(ii) the size of the property in square footage and acreage;
(iii) the geographical location of the property, including an address and description;
(iv) the extent to which the property is being utilized;
(v) the actual annual operating costs associated with the property;
(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;
(vii) sustainability metrics associated with the property;
(viii) the number of Federal employees and contractor employees and functions housed at the property;
(ix) the extent to which the mission of the executive agency is dependent on the property;
(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and
(xi) any additional information required by the Administrator of General Services to carry out section 623;
(12) provide to the Federal Real Property Council and the Administrator of General Services the information described in paragraph (11)(B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and
(13) in accordance with guidance from the Administrator of General Services—
(A) on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating—
(i) the age and condition of the personal property;
(ii) the extent to which the executive agency utilizes the personal property;
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and
(B) on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating—
(i) the age and condition of the personal property;
(ii) the extent to which the executive agency utilizes the personal property;
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
(b)
(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 agencies and to organizations specified in
(3) obtain excess property from other federal agencies.
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 524(a) | 40:483(b). | June 30, 1949, ch. 288, title II, §202(b), |
| 524(b) | 40:483(c). | June 30, 1949, ch. 288, title II, §202(c), |
In clause (a)(2), the word "identify" is substituted for "determine which is" to eliminate unnecessary words.
In clause (b)(1), the words "determined to be" are omitted as unnecessary.
Editorial Notes
References in Text
The date of enactment of this paragraph, referred to in subsec. (a)(11)(B)(x), is the date of enactment of
Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (a)(12), is section 21 of
Amendments
2019—Subsec. (a)(13).
2016—Subsec. (a)(6) to (12).
Subsec. (c).
Statutory Notes and Related Subsidiaries
OMB Report
§525. Excess personal property for federal agency grantees
(a)
(b)
(1)
(A) the agency or organization is conducting a federally sponsored 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 receipts.
(2)
(c)
(1)
(2)
(A) a state 1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (
(B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (
(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 (
(d)
(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (
(2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (
(3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (
(4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 525(a) | 40:483(d) (words before par. (1)). | June 30, 1949, ch. 288, title II, §202(d), as added |
| 525(b) | 40:483(d)(1). | |
| 525(c) | 40:483(d)(2)(E). | |
| 525(d) | 40:483(d)(2)(A)–(D). |
In subsection (b)(1), before cl. (A), the words "institution or" are omitted as unnecessary. In clause (A), the words "termination provision" are substituted for "termination made" for clarity.
In subsection (b)(2), the words "The grantee shall account for and dispose of" are substituted for "and shall be accounted for and disposed of" for clarity.
In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary.
In subsection (c)(1), the words "Trust Territory of the Pacific Islands" are omitted and the words "the Federated States of Micronesia, the Marshall Islands, Palau" are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
In subsection (d)(1), the words "to the extent" are substituted for "where and to the extent" to eliminate unnecessary words. The words "to be furnished under such Act" are omitted as unnecessary.
In subsection (d)(4), the words "Indian Financing Act of 1974" are substituted for "Indian Financing Act" in section 202(d)(2)(D) of the Federal Property and Administrative Services Act of 1949 to execute the probable intent of Congress. The word "tribe" is substituted for "Indian tribes" for consistency with 25:1452(c).
Editorial Notes
References in Text
The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79,
The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314,
Act of October 10, 1962 (
1 So in original. Probably should be capitalized.
§526. Temporary assignment of excess real property
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 526 | 40:483(g). | June 30, 1949, ch. 288, title II, §202(g), |
In subsection (a), the words "for use as office or storage space or for a related purpose" are substituted for "for office, storage, or related facilities" for clarity.
§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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 527 | 40:483(h). | June 30, 1949, ch. 288, title II, §202(h), |
§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 Services determines that requirements can reasonably be met by transferring excess furniture, including rehabilitated furniture, from other departments or agencies pursuant to this subtitle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 528 | 40:483b. | Aug. 7, 1953, ch. 340, §1316, |
The words "Notwithstanding the provisions of any other law" are omitted as unnecessary. The words "may not use funds provided by law to purchase furniture" are substituted for "no funds shall be available in this or any other Act for the purchase of furniture" for clarity and to eliminate unnecessary words.
§529. Annual executive agency reports on excess personal property
(a)
(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)
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 529 | 40:483(e). | June 30, 1949, ch. 288, title II, §202(e), as added |
In subsection (a)(2), the words "in any manner whatsoever" are omitted as unnecessary.
In subsection (b), the words "set out the categories of equipment" are substituted for "showing . . . categories of equipment" to clarify the required form and content of the report. The words "The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and analyzing the reports of the executive agencies" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (
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 property in accordance with this subtitle.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 541 | 40:484(a). | June 30, 1949, ch. 288, title II, §203(a), |
The words "shall supervise and direct the disposition of surplus property in accordance with this subtitle" are substituted for "shall have supervision and direction over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be prescribed in or pursuant to this Act" for clarity and to eliminate unnecessary words.
Statutory Notes and Related Subsidiaries
Transferred Properties; Requests Prior to November 30, 1983
"(2) Notwithstanding paragraph (1) [repealing former
"(3) Notwithstanding paragraph (1), section 414(b) [former
§542. Care and handling
The disposal of surplus property, and the care and handling of the property pending disposition, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agency in possession of the property or by any other executive agency that agrees.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 542 | 40:484(b). | June 30, 1949, ch. 288, title II, §203(b), |
§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 dispose of the property under this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 543 | 40:484(c). | June 30, 1949, ch. 288, title II, §203(c), |
§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 surplus 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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 544 | 40:484(d). | June 30, 1949, ch. 288, title II, §203(d), |
§545. Procedure for disposal
(a)
(1)
(A)
(B)
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a contract broker.
(2)
(3)
(4)
(b)
(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 extent that would adversely affect the national economy, and the estimated 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 agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or
(9) otherwise authorized by law.
(c)
(d)
(1)
(2)
(e)
(1)
(A)
(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 disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property.
(B)
(2)
(3)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 545 | 40:484(e). | June 30, 1949, ch. 288, title II, §203(e), |
In subsection (e)(3), the words "A report" are substituted for "the annual report" for consistency in the revised title. See the revision note under
Editorial Notes
Amendments
2011—Subsec. (f).
Statutory Notes and Related Subsidiaries
Disposal of Surplus Property to Local Governments and Nonprofit Institutions
Act Oct. 3, 1944, ch. 479, §13,
"(a) to (c) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1),
"(d) Whenever any State or political subdivision thereof, or any State or Government agency or instrumentality certifies to the Administrator of General Services that any power transmission line determined to be surplus property under the provisions of this Act [former
"(e), (f) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1),
"(g) [Repealed.
§546. Contractor inventories
Subject to regulations of the Administrator of General Services, an executive agency may authorize a contractor or subcontractor with the agency to retain or dispose of contractor inventory.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 546 | 40:484(f). | June 30, 1949, ch. 288, title II, §203(f), |
§547. Agricultural commodities, foods, and cotton or woolen goods
(a)
(b)
(1)
(2)
(3)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 547(a) | 40:484(g). | June 30, 1949, ch. 288, title II, §203(g), (h), |
| 547(b) | 40:484(h). |
§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 vessels or capable of conversion to merchant use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and other laws authorizing the sale of such vessels.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 548 | 40:484(i). | June 30, 1949, ch. 288, title II, §203(i), |
Editorial Notes
Amendments
2006—
§549. Donation of personal property through state agencies
(a)
(1)
(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 (including instrumentalities created by compact or other agreement between States or political subdivisions); or
(D) an Indian tribe, band, group, pueblo, or community located on a state reservation.
(2)
(3)
(b)
(1)
(2)
(A)
(i) is under the control of an executive agency; and
(ii) has been determined to be surplus property.
(B)
(3)
(c)
(1)
(2)
(3)
(A) to a public agency for use in carrying out or promoting, for residents of a given political area, a public purpose, including conservation, economic development, education, parks and recreation, public health, and public safety;
(B) for purposes of education or public health (including research), 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 (
(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 (
(iii) a school, college, or university;
(iv) a school for the mentally retarded or physically handicapped;
(v) a child care center;
(vi) a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station;
(vii) a museum attended by the public, and, for purposes of determining whether a museum is attended by the public, the Administrator shall consider a museum to be public if the nonprofit educational or public health institution or organization, at minimum, accedes to any request submitted for access during business hours;
(viii) a library serving free all residents of a community, district, State, or region; or
(ix) a historic light station as defined under
(C) for purposes of providing services to veterans (as defined in
(i) membership comprises substantially veterans; and
(ii) representatives are recognized by the Secretary of Veterans Affairs under
(4)
(d)
(1)
(2)