TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
This title was enacted by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062
Editorial Notes
Amendments
2008—Pub. L. 110–234, title XIV, §14217(b), May 22, 2008, 122 Stat. 1482, and Pub. L. 110–246, title XIV, §14217(b), June 18, 2008, 122 Stat. 2244, which directed identical amendments to the table of subtitles for "chapter 40, United States Code" by adding items for subtitles V and VI and striking out item for subtitle V, was executed by amending the table of subtitles for this title, to reflect the probable intent of Congress. Prior to amendment, the item for subtitle V read "Miscellaneous". The amendment by Pub. L. 110–234 was repealed by Pub. L. 110–246, §4(a), June 18, 2008, 122 Stat. 1664.
| Title 40 Former Sections | Title 40 New Sections |
|---|---|
| 1, 1a | Rep. |
| 2 | Rep. |
| 3 | Rep. |
| 4 | Rep. |
| 5 | Rep. |
| 5a | Rep. |
| 6 | Rep. |
| 7 | Rep. |
| 7a | Rep. |
| 8–13 | Rep. |
| 13a, 13a note | 6111 |
| 13b | 6112 |
| 13c | 6113 |
| 13d | Rep. |
| 13e | 6114 |
| 13f | 6122 |
| 13g | 6131 |
| 13h | 6132 |
| 13i | 6133 |
| 13j | 6134 |
| 13k | 6135 |
| 13l | 6102 |
| 13m | 6137 |
| 13n(a) | 6121 |
| 13n(b) | 6123 |
| 13n(c) | 6121 |
| 13n(d) | 6101 |
| 13o | 6136 |
| 13p | 6101 |
| 14–18a | Rep. |
| 19 | 8101 |
| 20, 21 | Rep. |
| 22 | Rep. |
| 22a–22c | 8143 |
| 23, 24 | Rep. |
| 25 | Rep. |
| 26 | Rep. |
| 27 | Rep. |
| 27a | Rep. |
| 28 | Rep. |
| 29 | Rep. |
| 30 | Rep. |
| 30a | Rep. |
| 31 | 8108 |
| 32, 33 | Rep. |
| 33a | Rep. |
| 34 | 8141 |
| 35 | 8142 |
| 36–37a | Rep. |
| 38 | Rep. |
| 39 | Rep. |
| 40 | Rep. |
| 40a | Rep. (Transferred to former 278 prior to repeal) |
| 41 | Rep. |
| 42 | 8165 |
| 43 | 8107 |
| 44 | Rep. |
| 45–48 | 9501 |
| 49 | 9503 |
| 50 | 9504 |
| 51, 52 | 9502 |
| 53 | Rep. |
| 53a | Elim. |
| 54 | 9507 |
| 55 | 9505 |
| 56 | 9506 |
| 57 | Rep. |
| 58 | Elim. |
| 59 | Rep. |
| 60 | Elim. |
| 60a | 8161 |
| 61 | Elim. |
| 62 | Elim. |
| 63 | Elim. |
| 64 | 8122 |
| 65 | Elim. |
| 66 | 8121 |
| 67 | Elim. |
| 68 | 8106 |
| 69 | Elim. |
| 70 | Elim. |
| 71(a) | 8701 |
| 71(b) | 8702 |
| 71a(a)(1) | 8711 |
| 71a(a)(2) | 8712 |
| 71a(a)(3), (4) | 8721 |
| 71a(b), (c) | 8711 |
| 71a(d) | 8721 |
| 71a(e), 71a note | 8711 |
| 71b | Rep. |
| 71c(a) | 8721 |
| 71c(b), (c) | Rep. |
| 71c(d), (e) (1st par.) | 8721 |
| 71c(e) (last par.) | 8722 |
| 71d | 8722 |
| 71e | Rep. |
| 71f | 8723 |
| 71g(a)–(c) | 8724 |
| 71g(d) | 8725 |
| 71h | 8711 |
| 71i | 8726 |
| 72 | 8731 |
| 72a | 8732 |
| 72b | 8733 |
| 72c, 72d | 8734 |
| 72e | 8736 |
| 73 (1st, 2d sentences) | 8737 |
| 73 (3d–last sentences) | 8731 |
| 74 | 8711 |
| 74a–74c | 8735 |
| 75 | Elim. |
| 76 | Elim. |
| 77 | Elim. |
| 77a | Rep. |
| 78 | Elim. |
| 79 | 8123 |
| 80 | Elim. |
| 81 | Elim. |
| 82 | 8125 |
| 83 | Elim. |
| 84 | Elim. |
| 85 | Elim. |
| 86 | Elim. |
| 87 | Elim. |
| 88 | Elim. |
| 89 | 8126 |
| 90 | Elim. |
| 91 | Rep. |
| 92 | Elim. |
| 92a | Elim. |
| 93 | Elim. |
| 94 | Elim. |
| 95 | Elim. |
| 96 | Elim. |
| 97 | Elim. |
| 98 | Elim. |
| 99 | Elim. |
| 100 | 8127 |
| 101 | 8103 |
| 102 | 8162 |
| 103 | 8163 |
| 104 (1st, 2d sentences) | 9101 |
| 104 (3d–6th sentences) | 9102 |
| 104 (last sentence words before comma) | 9103 |
| 104 (last sentence words after comma) | 9101 |
| 105 | 9103 |
| 106 | 9104 |
| 107 | Elim. |
| 108 | Elim. |
| 109–112 | Rep. |
| 112a | Rep. |
| 113 | 8144 |
| 114 | Rep. |
| 115 | Rep. |
| 115a | Rep. |
| 116–119 | Rep. |
| 120 | Rep. |
| 121 | 8104 |
| 122, 123 | 8124 |
| 124 (words before proviso) | 9301 |
| 124 (proviso) | 9302 |
| 125 (words before semicolon) | 9303 |
| 125 (words after semicolon) | 9304 |
| 126 | Rep. |
| 127 | 9301 note |
| 128 | 8105 |
| 129 | 585 note |
| 129a–130a | 8164 |
| 131 | 8302 |
| 132 | 8303 |
| 133 | 8304 |
| 134 | Rep. |
| 135 | 8301 |
| 136(a) | 8501 |
| 136(b), (c) | 8502 |
| 136(d) | (See §49–103 of the D.C. Official Code) |
| 136(e) | Rep. |
| 136(f) | 8501 |
| 136(g)(1), (2) | Rep. |
| 136(h)–(j) | 8501 |
| 137 | 8102 |
| 138 | Rep. |
| 161 | T. 2 §1801 note |
| 161a | Rep. |
| 162 | T. 2 §1811 |
| 162–1 | T. 2 §1801 |
| 162a | T. 2 §1802 |
| 162b | T. 2 §1868 |
| 163 | T. 2 §1812 |
| 163a | T. 2 §1813 |
| 163b | T. 2 §1803 |
| 164 | Rep. |
| 164a | T. 2 §1804 |
| 165 | Rep. |
| 166 | T. 2 §1814 |
| 166a | Rep. |
| 166a–1 | T. 2 §1861 |
| 166b | Rep. |
| 166b–1 | Rep. |
| 166b–1a | T. 2 §1841 |
| 166b–1b | T. 2 §1842 |
| 166b–1c | T. 2 §1843 |
| 166b–1d | T. 2 §1844 |
| 166b–1e | T. 2 §1845 |
| 166b–1f | T. 2 §1846 |
| 166b–2 | T. 2 §1850 |
| 166b–3 | T. 2 §1847 |
| 166b–3a | T. 2 §1848 |
| 166b–3b | T. 2 §1849 |
| 166b–4 | T. 2 §1851 |
| 166b–5 | T. 2 §1852 |
| 166b–6 | T. 2 §1832 |
| 166b–7 | T. 2 §1831 |
| 166c | Elim. |
| 166d | T. 2 §1818 |
| 166e | T. 2 §1863 |
| 166f | T. 2 §1864 |
| 166g | T. 2 §1867 |
| 166h | T. 2 §1862 |
| 166i | T. 2 §1815 |
| 166j | T. 2 §1816 |
| 166k | T. 2 §1819 |
| 166l | T. 2 §1865 |
| 166m | T. 2 §1820 |
| 167 | T. 2 §1833 |
| 167a | Rep. |
| 168 | T. 2 §1834 |
| 168a | Rep. |
| 169 | T. 2 §2012 |
| 170 | T. 2 §2184 |
| 170a | (Previously transferred to T. 2 §117b–1) |
| 171 | T. 2 §1817 |
| 172 | Rep. |
| 173 | T. 2 §2185 |
| 174 | Rep. |
| 174a | Rep. |
| 174b | Elim. |
| 174b–1 | T. 2 §2021 |
| 174b–2 | T. 2 §2022 |
| 174c | T. 2 §2023 |
| 174d | T. 2 §2024 |
| 174d–1 | T. 2 §2181 |
| 174e | T. 2 §1866 |
| 174f–174j | Rep. |
| 174j–1 | T. 2 §2042 |
| 174j–2 | Rep. |
| 174j–3 | T. 2 §2043 |
| 174j–4 | T. 2 §2044 |
| 174j–5 | T. 2 §2045 |
| 174j–6 | T. 2 §2046 |
| 174j–7 | T. 2 §2047 |
| 174j–8 | T. 2 §2048 |
| 174j–9 | T. 2 §2049 |
| 174j–10 | T. 2 §2050 |
| 174k | T. 2 §2041 |
| 175 | T. 2 §2001 |
| 175a | T. 2 §2002 |
| 176 | T. 2 §2003 |
| 177 | T. 2 §2004 |
| 178 | T. 2 §2005 |
| 179 | T. 2 §2006 |
| 180 | T. 2 §2007 |
| 181 | T. 2 §2008 |
| 182 | T. 2 §2009 |
| 183 | T. 2 §2010 |
| 184 | T. 2 §2011 |
| 184a | T. 2 §2161 |
| 184b–184f | Rep. |
| 184g | T. 2 §2062 |
| 185 | T. 2 §2162 |
| 185a | T. 2 §2025 |
| 186 | T. 10 §4689 |
| 187 | T. 2 §2131 |
| 187a | T. 2 §2132 |
| 188 | T. 2 §2133 |
| 188a | T. 2 §2081 |
| 188a–1 | T. 2 §2082 |
| 188a–2 | T. 2 §2083 |
| 188a–3 | T. 2 §2084 |
| 188a–4 | T. 2 §2085 |
| 188a–5 | T. 2 §2086 |
| 188b | T. 2 §2101 |
| 188b–1 | T. 2 §2102 |
| 188b–2 | T. 2 §2103 |
| 188b–3 | T. 2 §2104 |
| 188b–4 | T. 2 §2105 |
| 188b–5 | T. 2 §2106 |
| 188b–6 | T. 2 §2107 |
| 188c | T. 2 §2121 |
| 188c–1 | T. 2 §2122 |
| 189 | T. 2 §2134 |
| 190 | T. 2 §2135 |
| 190a | Rep. |
| 190b | T. 2 §2182 |
| 191 | Rep. |
| 192 | Rep. |
| 193 | T. 2 §2183 |
| 193a | 5102 |
| 193b | 5103 |
| 193c–193g | 5104 |
| 193h | 5109 |
| 193i | 5105 |
| 193j, 193k | 5106 |
| 193l | 5107 |
| 193m(1) | 5101 |
| 193m(2)–(5) | 5104 |
| 193m–1 | 5108 |
| 193n | 6306 |
| 193o | 6302 |
| 193p, 193q | 6303 |
| 193r | 6304 |
| 193s | 6307 |
| 193t | 6306 |
| 193u | 6305 |
| 193v | 6301 |
| 193w | Rep. |
| 193x | 6306 |
| 194–205 | Rep. |
| 206 | T. 2 §1901 |
| 206–1 | T. 2 §1902 |
| 206a—206a–8 | Elim. (Previously transferred to former 206 notes) |
| 206a–9 | T. 2 §1903 |
| 206b | T. 2 §1924 |
| 206c | T. 2 §1925 |
| 206d | T. 2 §1971 |
| 206d–1 | T. 2 §1972 |
| 206e | T. 2 §1973 |
| 207 | T. 2 §1921 |
| 207a | T. 2 §1922 |
| 207b | T. 2 §1923 |
| 207b–1 | T. 2 §1926 |
| 206b–2 | T. 2 §1927 |
| 207c | T. 2 §1951 |
| 207c–1 | T. 2 §1952 |
| 207c–2 | T. 2 §1953 |
| 207c–3 | T. 2 §1954 |
| 207d | T. 2 §1904 |
| 207e | T. 2 §1905 |
| 208 | T. 2 §1928 |
| 209 | T. 2 §1929 |
| 210 | T. 2 §1941 |
| 210a | T. 2 §1942 |
| 211 | T. 2 §1943 |
| 212 | T. 2 §1944, 1944 notes |
| 212a | T. 2 §1961 |
| 212a–1 | T. 2 §1962, 1962 notes |
| 212a–2 | T. 2 §1966 |
| 212a–3 | T. 2 §1967 |
| 212a–4 | T. 2 §1964 |
| 212a–4a | T. 2 §1965 |
| 212a–5 | T. 2 §1968 |
| 212b | T. 2 §1969 |
| 212c | T. 2 §1970 |
| 213 | Rep. |
| 213a | Elim. |
| 214 | T. 2 §1963 |
| 214a | Rep. |
| 214b | T. 2 §2061 |
| 214c | T. 2 §2063 |
| 214d | T. 2 §2064 |
| 214e | T. 2 §2065 |
| 215 | T. 2 §2141 |
| 216 | T. 2 §2142 |
| 216a | T. 2 §2145 |
| 216b | T. 2 §2143 |
| 216c | T. 2 §2146 |
| 216d | T. 2 §2144 |
| 217 | Rep. |
| 217a | T. 2 §2147 |
| 217b | Rep. |
| 217c | T. 2 §2167 |
| 218–220 | Rep. |
| 221 | Rep. |
| 222 | Rep. |
| 223 | T. 2 §2163 |
| 224 | T. 2 §2164 |
| 231 | (Previously transferred to former T. 44 §300 prior to repeal) |
| 232, 232a | (Previously transferred to former T. 44 §300a prior to repeal) |
| 232b | Rep. |
| 233–241 | (Previously transferred to former T. 44:300c–300k prior to repeal) |
| 251 | Rep. |
| 252 | Rep. |
| 253 | 311 |
| 254 | Rep. |
| 255 (1st–5th pars.) | 3111 |
| 255 (last par.) | 3112 |
| 256 | Rep. |
| 257 | 3113 |
| 258 | Rep. |
| 258a, 258b | 3114 |
| 258c | 3115 |
| 258d | 3118 |
| 258e | 3115 |
| 258e–1 | 3116 |
| 258f | 3117 |
| 259, 260 | Rep. |
| 261 | 3171 |
| 262–265 | Rep. |
| 265a | Rep. |
| 266, 267 | Rep. |
| 267a | Rep. |
| 268, 269 | Rep. |
| 269a | Rep. |
| 270 | Rep. |
| 270a | 3131 |
| 270a note | 3132 |
| 270b, 270c | 3133 |
| 270d, 270d–1 | 3131 |
| 270e, 270f | 3134 |
| 271 | Rep. |
| 272 | Rep. |
| 273–276 | Rep. |
| 276a(a) | 3142 |
| 276a(b) (1st par. words before proviso) | 3141 |
| 276a(b) (1st par. proviso, last par.) | 3142 |
| 276a–1 | 3143 |
| 276a–2 | 3144 |
| 276a–3 | 3146 |
| 276a–4 | Rep. |
| 276a–5 | 3147 |
| 276a–6 | Rep. |
| 276a–7 | 3148 |
| 276b | Rep. |
| 276c | 3145 |
| 276d | 3161 |
| 276d–1—276d–3 | 3162 |
| 277 | Rep. |
| 277a | Rep. |
| 278, 278a | Rep. |
| 278b | Rep. |
| 278c | Rep. |
| 279–281 | Rep. |
| 282 | Rep. |
| 283 | 3104 |
| 284 | Rep. |
| 285 | 3101 |
| 285a | Elim. |
| 286 | 3105 |
| 287 | Rep. |
| 288 | Elim. |
| 289 | Elim. |
| 289a | (See former 289) |
| 290 | 3172 |
| 291 | 3103 |
| 292 | Rep. |
| 293 | 3173 |
| 294 | Rep. |
| 295 | 3174 |
| 296 | Rep. |
| 297–298 | Rep. |
| 298a | 3175 |
| 298b | 3176 |
| 298c | Rep. |
| 298d | 3102 |
| 301 | 1301 |
| 302–303a | Rep. |
| 303b | 1302 |
| 303c | T. 16 §3b |
| 304 | 1305 |
| 304a–304e | 1303 |
| 304f–304m | 1306 |
| 305 | 1311 |
| 306 | 1312 |
| 307 | Rep. |
| 308, 309 | 1313 |
| 310 | 1309 |
| 311, 311a | Rep. |
| 311b | 1308 |
| 312 | Rep. |
| 313 | Rep. |
| 313–1 | Rep. |
| 313–2 | Rep. |
| 313a | Rep. |
| 314 | 1310 |
| 314a | Rep. |
| 315 | Rep. |
| 316 | 1307 |
| 317 | Rep. |
| 318–318d | 1315 |
| 319 | 1314 |
| 319 note | 1314 |
| 319a | 1314 |
| 319a note | 1314 |
| 319b | 1314 |
| 319b note | 1314 |
| 319c | 1314 |
| 319c note | 1314 |
| 321, 322 | Rep. |
| 323 | Rep. |
| 324–326 | Rep. |
| 327 | Rep. |
| 328 | 3702 |
| 329 | 3701 |
| 330 | 3703 |
| 331 | 3706 |
| 332 | 3708 |
| 333(a)–(e) | 3704 |
| 333(f) | 3705 |
| 334 | 3707 |
| 341–342a | Rep. |
| 343 | Rep. |
| 344, 345 | Rep. |
| 345a | Rep. |
| 345b, 345c, 345c note | 1304 |
| 346–350a | Rep. |
| 351 | (See former 33a) |
| 352–355 | Rep. |
| 356 | Rep. |
| 356a | Rep. |
| 357 | Rep. |
| 361–386, 401 | Rep. |
| 402–410 | Rep. |
| 411 | Rep. |
| 411a | Rep. |
| 412 | Rep. |
| 413 | Rep. |
| 414 | Rep. |
| 421–425 | Rep. |
| 431–434 | Rep. |
| 435 | Rep. |
| 436 | Rep. |
| 437 | Rep. |
| 438 | Rep. |
| 439 | Rep. |
| 440 | Rep. |
| 441 | Rep. |
| 442 | Rep. |
| 443 | Rep. |
| 444 | Rep. |
| 451–455 | Rep. |
| 456 | Rep. |
| 457 | Rep. |
| 458 | Rep. |
| 459 | Rep. |
| 460 | 3501 |
| 461 | Rep. |
| 462(a), (b) | 3502 |
| 462(c) | Rep. |
| 462(d) | 3502 |
| 462(e) | 3503 |
| 462(f) | 3504 |
| 462(g) | 3505 |
| 462(h) | Rep. |
| 471 | 101 |
| 472 | 102 |
| 473 | 112 |
| 474(a) | Rep. |
| 474(b) | (See T. 5 §901 note) |
| 474(c)–(e) | 113 |
| 475(a) | 125 |
| 475(b) | 124 |
| 476 | 122 |
| 481(a) | 501 |
| 481(b) | 502 |
| 481(c) | 503 |
| 481(d) | 504 |
| 481(e) | 505 |
| 482 | Rep. |
| 483(a)(1) (1st sentence) | 521 |
| 483(a)(1) (last sentence) | 522 |
| 483(a)(2) | 523 |
| 483(b), (c) | 524 |
| 483(d) | 525 |
| 483(e) | 529 |
| 483(f) | Rep. |
| 483(g) | 526 |
| 483(h) | 527 |
| 483a | Rep. |
| 483b | 528 |
| 483c | Rep. |
| 483d | 556 |
| 484(a) | 541 |
| 484(b) | 542 |
| 484(c) | 543 |
| 484(d) | 544 |
| 484(e) | 545 |
| 484(f) | 546 |
| 484(g), (h) | 547 |
| 484(i) | 548 |
| 484(j) | 549 |
| 484(k) | 550 |
| 484(l ) | 551 |
| 484(m) | 552 |
| 484(n) | 549 |
| 484(o ) | Rep. |
| 484(p) | 553 |
| 484(q) | 554 |
| 484(r) | 555 |
| 484–1 | 557 |
| 484a | Rep. |
| 484b | Rep. |
| 484c | Rep. |
| 484d | 558 |
| 485(a) | 571 |
| 485(b) | 572 |
| 485(c)–(g) | 574 |
| 485(h) | 572 |
| 485(i) | 573 |
| 485a | 571 |
| 486, 486a | 121 |
| 487 | 506 |
| 488 | 559 |
| 489 | 123 |
| 490(a) | 581 |
| 490(b) | 582 |
| 490(c) | 583 |
| 490(d) | 582 |
| 490(e) | 584 |
| 490(f) | 592 |
| 490(g) | 588 |
| 490(h) | 585 |
| 490(i) | 589 |
| 490(j), (k) | 586 |
| 490(l ) | 587 |
| 490 notes | 587, 591 |
| 490a, 490a–1 | 592 |
| 490b, 490b note, 490b–1 | 590 |
| 490c | 593 |
| 490d, 490e | 585 |
| 490f | 586 |
| 490g | 592 |
| 490h | 587 |
| 490i | 592 |
| 491(a) | 601 |
| 491(b) (related to establishment) | 602 |
| 491(b) (related to determination), (c) | 603 |
| 491(d) | 605 |
| 491(e) | 603 |
| 491(f) (1st sentence) | 607 |
| 491(f) (last sentence) | 610 |
| 491(g), (h) | 604 |
| 491(i) | 608 |
| 491(j) | 606 |
| 491(k) | 609 |
| 491(l ) | 611 |
| 492 | 126 |
| 493 | Rep. |
| 511 | 701 |
| 512(a) | 704 |
| 512(b) | 703 |
| 512(c) | 702 |
| 513 | 705 |
| 514 | 701 |
| 521–524 | Rep. |
| 531 | 901 |
| 532 | 904 |
| 533 | 903 |
| 534 | 905 |
| 535(a), (b) | 902 |
| 535(c) | 904 |
| 541 | 1102 |
| 542 | 1101 |
| 543 | 1103 |
| 544 | 1104 |
| 551–554 | Rep. |
| 601 | 3302 |
| 601a | 3306 |
| 602 | 3304 |
| 602a | Rep. |
| 603 | 3305 |
| 604 | 3304 |
| 605 | 3305 |
| 606(a)–(e), (f) (related to this section) | 3307 |
| 606(f) (related to 40:603(b)) | 3305 |
| 607 | 3309 |
| 608 | 3305 |
| 609 | 3308 |
| 610 | 3314 |
| 611 | 3303 |
| 612, 612a(1), (2) | 3301 |
| 612a(3)–(8) | 3306 |
| 613 | 3301 |
| 614 | 3313 |
| 615 | 3315 |
| 616 | Elim. |
| 617 | 3311 |
| 618 | 3310 |
| 619 | 3312 |
| 651, 652, 661–665, 671 | Rep. |
| 672 | Elim. |
| 681 | Elim. |
| 682, 683 | Rep. |
| 684 | Rep. |
| 685 | Rep. |
| 701 | 17102 |
| 701 note, 702 | 17103 |
| 703 | 17101 |
| 721 | 17302 |
| 722, 722a | 17303 |
| 723 (1st sentence, 2d sentence words before 2d proviso) | 17304 |
| 723 (2d sentence 2d, last provisos, last sentence) | 17303 |
| 724 | 17305 |
| 725 | 17306 |
| 726 | 17307 |
| 727 | 17308 |
| 728 | 17309 |
| 729(a) (1st, 2d sentences) | 17301 |
| 729(a) (last sentence) | 17301, 17306 |
| 729(b)–(d) | 17301 |
| 751(a) | 301 |
| 751(b), (c) | 302 |
| 751(d) | Rep. |
| 751(e) | Rep. |
| 751(f) | 121 |
| 752(a) | 303 |
| 752(b) | Rep. |
| 752(c), 753 | 303 |
| 754 | 121 |
| 755 | Rep. |
| 755a | 312 |
| 756(a)–(c) | 321 |
| 756(d) | Rep. |
| 756(e), (f) | 321 |
| 756(g) (1st–3d sentences) | 313 |
| 756(g) (last sentence), 756a, 756b | 321 |
| 757 | 322 |
| 758 | 311 |
| 759 | Rep. |
| 760 | 304 |
| 761, 761a | 323 |
| 762 | 18101 |
| 762a | 18102 |
| 762b | 18103 |
| 762c | Rep. |
| 762d | 18104 |
| 771 | 17701 |
| 781 | 17702 |
| 782 | 17703 |
| 783 | 17704 |
| 784 | 17705 |
| 785 | 17706 |
| 786 | 17707 |
| 791 | 17708 |
| 792 | Rep. |
| 795 | 17901 |
| 795a | 17902 |
| 795b | 17903 |
| 795c | 17904 |
| 795d | Rep. |
| 801–809 | Rep. |
| 811(a) (1st, 2d sentences) | 6902 |
| 811(a) (last sentence) | 6901 |
| 811(b) | Rep. |
| 811(c) | Rep. |
| 811(d) | Rep. |
| 812 | Rep. |
| 813(a) | 6910 |
| 813(b) | Rep. |
| 814 | Rep. |
| 815(a)–(c) | Rep. |
| 815(d) | 6903 |
| 816(a)(1) | 6904 |
| 816(a)(2) | Rep. |
| 816(b) | 6904 |
| 817 | 6906 |
| 818 | 6908 |
| 819(a) | Rep. |
| 819(b) | Rep. |
| 819(c) | 6907 |
| 819(d) | 6909 |
| 819a | 6905 |
| 821 (related to creation) | 6921 |
| 821 (related to duties) | 6922 |
| 822(a) | 6921 |
| 822(b) | 6923 |
| 822(c) | 6922 |
| 823 | 6924 |
| 831 | T. 2 §2165 |
| 851 | T. 2 §2166 |
| 871 | 6711 |
| 872 | Rep. |
| 872 notes | 6701, 6702 |
| 873 | Rep. |
| 874 | Rep. |
| 875 | Rep. |
| 876(a) | 6712 |
| 876(b) | 6713 |
| 877(a) | Rep. |
| 877(b)–(d) | 6714 |
| 878 | 6715 |
| 879(a) | Rep. |
| 879(b) | 6701 |
| 880 | 6716 |
| 881 | Rep. |
| 882 | Rep. |
| 883 | Rep. |
| 884 | Rep. |
| 885 | Rep. |
| 901 | 17502 |
| 902 | 17503 |
| 903 | 17504 |
| 904 | 17505 |
| 905 | Rep. |
| 906 | Rep. |
| 907 | 17506 |
| 908 | 17507 |
| 909 | 17508 |
| 910 | 17509 |
| 911 | 17510 |
| 912 | Rep. |
| 913 | 17501 |
| 1001 | 8901 |
| 1002 | 8902 |
| 1003 | 8903 |
| 1004 | 8904 |
| 1005, 1006 | 8908 |
| 1007 | 8905 |
| 1008 | 8906 |
| 1009 | 8907 |
| 1010(a) | 8909 |
| 1010(b) | 8903 |
| 1010(c), (d) | 8909 |
| 1010(e) | 8902 |
| 1101 | Rep. |
| 1101 note | 6734 |
| 1102(a)(1) | Rep. |
| 1102(a)(2) (1st sentence) | 6733 |
| 1102(a)(2) (last sentence) | 6734 |
| 1102(a)(3) | Rep. |
| 1102(b) | Rep. |
| 1103(a) | Rep. |
| 1103(b) | 6734 |
| 1103(c)–(g) | Rep. |
| 1104(a), (b)(1), (2)(A) | Rep. |
| 1104(b)(2)(B) | 6734 |
| 1104(b)(2)(C), (D), (words after (D)), (c) | Rep. |
| 1104(d) | 6734 |
| 1104(e) | Rep. |
| 1104(f) | 6733 |
| 1104(g) | 6732 |
| 1104(h), (i) | Rep. |
| 1105 | 6734 |
| 1106 | Elim. |
| 1107 | Elim. |
| 1108 | 6731 note |
| 1109 | 6731 |
| 1201 | Rep. |
| 1201 note | 6502 |
| 1202(a)(1)–(5) | Rep. |
| 1202(a)(6) | 6502 |
| 1202(a)(7) | Rep. |
| 1202(a)(8) | 6502 |
| 1202(b)(1) | Rep. |
| 1202(b)(2)(A) | Rep. |
| 1202(b)(2)(B), (C) | 6502 |
| 1202(b)(2)(D) (words before "and the lease") | Rep. |
| 1202(b)(2)(D) (words after "provisions of this chapter") | 6504 |
| 1202(b)(2) (words after (D)) | Rep. |
| 1202(c)–(e) | 6502 |
| 1203(a), (b) | 6504 |
| 1203(c) | 6502 |
| 1203(d) | 6504 |
| 1204 | 6505 |
| 1205 | 6506 |
| 1206 | 6503 |
| 1207 | 6507 |
| 1208 | 6501 |
| 1301 | 18301 |
| 1302(1), (2) | 18302 |
| 1302(3) | 18303 |
| 1302(4), (5) | 18302 |
| 1302(6), 1303 | 18303 |
| 1304 | 18304 |
| 1401 | 11101 |
| 1411 | 11301 |
| 1412 | 11302 |
| 1413 | 11303 |
| 1421 | 11311 |
| 1422 | 11312 |
| 1423 | 11313 |
| 1424 | 11314 |
| 1425(a) | (See T. 44 §3506) |
| 1425(b)–(d) | 11315 |
| 1426 | 11316 |
| 1427 | 11317 |
| 1428 | 11318 |
| 1441 | 11331 |
| 1441 notes | 11332 |
| 1442 | 11102 |
| 1451, 1452 | 11103 |
| 1461 | 11704 |
| 1471 | 11501 |
| 1472 | 11502 |
| 1473 | 11503 |
| 1474 | 11504 |
| 1475 | 11505 |
| 1491 | 11521 |
| 1492 | 11522 |
| 1501 | 11701 |
| 1502 | 11702 |
| 1503 | 11703 |
| T. 40 App. §1 | Rep. |
| T. 40 App. §2 | 14101 |
| T. 40 App. §101(a)(1) | 14301 |
| T. 40 App. §101(a)(2) | 14307 |
| T. 40 App. §101(b) | 14302 |
| T. 40 App. §101(c), (d) | 14301 |
| T. 40 App. §102 | 14303 |
| T. 40 App. §103 | 14304 |
| T. 40 App. §104 | 14305 |
| T. 40 App. §105, 106(1), (2) (1st sentence) | 14306 |
| T. 40 App. §106(2) (2d, last sentences) | 14301 |
| T. 40 App. §106(3)–(9) | 14306 |
| T. 40 App. §107 | 14308 |
| T. 40 App. §108 | 14309 |
| T. 40 App. §109 | (See T. 5 §5334) |
| T. 40 App. §201 | 14501 |
| T. 40 App. §202 | 14502 |
| T. 40 App. §203 | 14504 |
| T. 40 App. §204 | 14505 |
| T. 40 App. §205 | 14506 |
| T. 40 App. §206 | Rep. |
| T. 40 App. §207 | 14503 |
| T. 40 App. §208, 211–213 | Rep. |
| T. 40 App. §214 | 14507 |
| T. 40 App. §221 | 14521 |
| T. 40 App. §222 | 14522 |
| T. 40 App. §223 | 14523 |
| T. 40 App. §223 note | 14702 |
| T. 40 App. §224 | 14524 |
| T. 40 App. §225 | 14525 |
| T. 40 App. §226 | 14526 |
| T. 40 App. §301 | 14102 |
| T. 40 App. §302 | 14321 |
| T. 40 App. §303 | 14322 |
| T. 40 App. §304 | 14310 |
| T. 40 App. §401 | 14703 |
| T. 40 App. §402 | 14701 |
| T. 40 App. §403 | 14102 |
| T. 40 App. §404 | Rep. |
| T. 40 App. §405 | 14704 |
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment by Pub. L. 108–178
Pub. L. 108–178, enacting and amending notes set out below, effective Aug. 21, 2002, see section 5 of Pub. L. 108–178, set out as an Effective Date of 2003 Amendment note under section 5334 of Title 5, Government Organization and Employees.
Enacting Clause
Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062, provided in part that: "Certain general and permanent laws of the United States, related to public buildings, property, and works, are revised, codified, and enacted as title 40, United States Code, 'Public Buildings, Property, and Works' ".
Legislative Purpose and Construction
Pub. L. 108–178, §1, Dec. 15, 2003, 117 Stat. 2637, provided that:
"(a)
"(b)
"(c)
Pub. L. 107–217, §5, Aug. 21, 2002, 116 Stat. 1303, provided that:
"(a)
"(b)
"(1)
"(2)
"(3)
"(c)
"(d)
"(e)
"(f)
"(g)
Repeals
Pub. L. 108–178, §2(b), Dec. 15, 2003, 117 Stat. 2640, provided that: "Section 6(b) of Public Law 107–217 (116 Stat. 1304) [see below] is repealed insofar as it relates to the provisions listed below, and the provisions listed below are revived to read as if section 6(b) had not been enacted:
"(1) Section 1(a) of the Act of June 30, 1949 (ch. 288, 63 Stat. 377) [41 U.S.C. 101 note].
"(2) Section 509(b) of the Department of Education Organization Act (Public Law 96–88, 93 Stat. 695) [20 U.S.C. 3508(b)].
"(3) Public Law 101–427 (104 Stat. 927) [23 U.S.C. 101 note].
"(4) Section 7306 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 108 Stat. 3384)."
Pub. L. 107–217, §6(a), Aug. 21, 2002, 116 Stat. 1304, provided that: "The repeal of a law by this Act may not be construed as a legislative inference that the provision was or was not in effect before its repeal."
Pub. L. 107–217, §6(b), Aug. 21, 2002, 116 Stat. 1304, as amended by Pub. L. 108–178, §2, Dec. 15, 2003, 117 Stat. 2637, repealed specified laws, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before Aug. 21, 2002.
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—Pub. L. 111–350, §5(l)(1), Jan. 4, 2011, 124 Stat. 3850, substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "Federal Property and Administrative Services Act of 1949" in item 111.
SUBCHAPTER I—PURPOSE AND DEFINITIONS
§101. Purpose
The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 101 | 40:471. | June 30, 1949, ch. 288, §2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, §1, 68 Stat. 1126. |
Statutory Notes and Related Subsidiaries
Short Title of 2024 Amendment
Pub. L. 118–99, §1, Oct. 1, 2024, 138 Stat. 1578, provided that: "This Act [enacting section 530 of this title, amending sections 529 and 530 of this title, and enacting provisions set out as a note under section 529 of this title] may be cited as the 'Reuse Excess Property Act'."
Short Title of 2022 Amendment
Pub. L. 117–328, div. Z, §101, Dec. 29, 2022, 136 Stat. 5523, provided that: "This division [enacting section 549a of this title and provisions set out as a note under section 549a of this title] may be cited as the 'Computers for Veterans and Students Act of 2022' or the 'COVS Act'."
Pub. L. 117–202, §1, Oct. 17, 2022, 136 Stat. 2224, provided that: "This Act [amending section 3313 of this title and enacting provisions set out as a note under section 3313 of this title] may be cited as the 'Bulb Replacement Improving Government with High-efficiency Technology Act' or the 'BRIGHT Act'."
Pub. L. 117–148, §1, June 16, 2022, 136 Stat. 1288, provided that: "This Act [amending section 6121 of this title] may be cited as the 'Supreme Court Police Parity Act of 2022'."
Short Title of 2021 Amendment
Pub. L. 116–333, §1, Jan. 13, 2021, 134 Stat. 5113, provided that: "This Act [enacting section 3318 of this title] may be cited as the 'Transparency in Federal Buildings Projects Act of 2019'."
Short Title of 2020 Amendment
Pub. L. 116–194, §1, Dec. 3, 2020, 134 Stat. 981, provided that: "This Act [enacting provisions set out as a note under section 11301 of this title] may be cited as the 'Information Technology Modernization Centers of Excellence Program Act'."
Short Title of 2019 Amendment
Pub. L. 116–75, §1, Nov. 27, 2019, 133 Stat. 1160, provided that: "This Act [amending section 6121 of this title] may be cited as the 'Reauthorizing Security for Supreme Court Justices Act of 2019'."
Pub. L. 116–30, §1, July 25, 2019, 133 Stat. 1032, provided that: "This Act [enacting section 3318 of this title and provisions set out as a note under section 3318 of this title] may be cited as the 'Fairness For Breastfeeding Mothers Act of 2019'."
Pub. L. 115–419, §1, Jan. 3, 2019, 132 Stat. 5442, provided that: "This Act [amending sections 506 and 524 of this title] may be cited as the 'Federal Personal Property Management Act of 2018'."
Short Title of 2018 Amendment
Pub. L. 115–271, title VIII, §8061, Oct. 24, 2018, 132 Stat. 4094, provided that: "This subtitle [subtitle E (§§8061, 8062) of title VIII of Pub. L. 115–271, enacting section 14510 of this title] may be cited as the 'Treating Barriers to Prosperity Act of 2018'."
Short Title of 2017 Amendment
Pub. L. 115–88, §1, Nov. 21, 2017, 131 Stat. 1278, provided that: "This Act [amending sections 11302 and 11319 of this title and provisions set out as a note under section 3601 of Title 44, Public Printing and Documents] may be cited as the 'FITARA Enhancement Act of 2017'."
Short Title of 2016 Amendment
Pub. L. 114–318, §1, Dec. 16, 2016, 130 Stat. 1608, provided that: "This Act [enacting subchapter VII of chapter 5 of this title and chapter 29 of Title 39, Postal Service, amending sections 102, 524, and 571 of this title, enacting provisions set out as notes under sections 571 and 621 of this title, and amending provisions set out as a note under section 1303 of this title] may be cited as the 'Federal Property Management Reform Act of 2016'."
Pub. L. 114–235, §1, Oct. 7, 2016, 130 Stat. 964, provided that: "This Act [enacting section 3314 of this title, renumbering former section 3314 and sections 3315 and 3316 of this title as sections 3315 to 3317 of this title, respectively, and enacting provisions set out as a note under section 3314 of this title] may be cited as the 'Bathrooms Accessible in Every Situation Act' or 'BABIES Act'."
Short Title of 2014 Amendment
Pub. L. 113–291, div. A, title VIII, subtitle D (§§831–837), Dec. 19, 2014, 128 Stat. 3438, which enacted section 11319 of this title, amended sections 11302 and 11319 of this title, and enacted provisions set out as notes under sections 1704 and 3301 of Title 41, Public Contracts, and section 3601 of Title 44, Public Printing and Documents, is popularly known as the "Federal Information Technology Acquisition Reform Act" or "FITARA".
Short Title of 2013 Amendment
Pub. L. 113–50, §1, Nov. 21, 2013, 127 Stat. 578, provided that: "This Act [amending sections 3144 and 3703 of this title] may be cited as the 'Streamlining Claims Processing for Federal Contractor Employees Act'."
Pub. L. 113–26, §1, Aug. 9, 2013, 127 Stat. 502, provided that: "This Act [amending section 549 of this title] may be cited as the 'Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2013' or the 'FOR VETS Act of 2013'."
Short Title of 2010 Amendment
Pub. L. 111–338, §1, Dec. 22, 2010, 124 Stat. 3590, provided that: "This Act [amending section 549 of this title] may be cited as the 'Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010'or 'FOR VETS Act of 2010'."
Pub. L. 111–263, §1, Oct. 8, 2010, 124 Stat. 2787, provided that: "This Act [amending section 502 of this title] may be cited as the 'Federal Supply Schedules Usage Act of 2010'."
Short Title of 2008 Amendment
Pub. L. 110–371, §1, Oct. 8, 2008, 122 Stat. 4037, provided that: "This Act [enacting section 14508 of this title and amending sections 14102, 14321, 14502 to 14507, 14526, 14703, and 14704 of this title] may be cited as the 'Appalachian Regional Development Act Amendments of 2008'."
Pub. L. 110–248, §1, June 26, 2008, 122 Stat. 2316, provided that: "This Act [amending section 502 of this title] may be cited as the 'Local Preparedness Acquisition Act'."
Short Title of 2006 Amendment
Pub. L. 109–396, §1, Dec. 15, 2006, 120 Stat. 2711, provided that: "This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provisions listed in a table of Commemorative Works set out under section 8903 of this title, and provisions set out as a note under section 225b of Title 24, Hospitals and Asylums] may be cited as the 'Federal and District of Columbia Government Real Property Act of 2006'."
Pub. L. 109–313, §1, Oct. 6, 2006, 120 Stat. 1734, provided that: "This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5, Government Organization and Employees, section 2669 of Title 22, Foreign Relations and Intercourse, and section 433 of Title 41, Public Contracts, repealing section 322 of this title, enacting provisions set out as notes under sections 303 and 321 of this title and section 5316 of Title 5, and amending provisions set out as notes under section 2302 of Title 10, Armed Forces, and section 2107 of Title 44, Public Printing and Documents] may be cited as the 'General Services Administration Modernization Act'."
Short Title of 2003 Amendment
Pub. L. 108–126, title II, §201, Nov. 17, 2003, 117 Stat. 1349, provided that: "This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title] may be cited as the 'Commemorative Works Clarification and Revision Act of 2003'."
§102. Definitions
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1)
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063; Pub. L. 111–350, §5(l)(2), Jan. 4, 2011, 124 Stat. 3850; Pub. L. 114–318, §3(b)(2), Dec. 16, 2016, 130 Stat. 1613.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102 | 40:472. | June 30, 1949, ch. 288, §3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, §1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, §4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, §2, 69 Stat. 722; Pub. L. 85–337, §5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86–70, §30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, §27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93–594, Jan. 2, 1975, 88 Stat. 1926. |
In this section, the words "and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of "Administrator" is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of "person" in 1:1.
In clause (6), the words "the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau" are substituted for "the Trust Territory of the Pacific Islands" because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.
Editorial Notes
Amendments
2016—Pub. L. 114–318 substituted "Except as provided in subchapter VII of chapter 5 of this title, the" for "The" in introductory provisions.
2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.
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) Section 101 of this title.
(2) Section 112(a) of this title.
(3) Section 113 of this title.
(4) Section 121(a) of this title.
(5) Section 121(c)(1) of this title.
(6) Section 121(c)(2) of this title.
(7) Section 121(d)(1) and (2) of this title.
(8) Section 121(e)(1) of this title.
(9) Section 121(f) of this title.
(10) Section 121(g) of this title.
(11) Section 122(a) of this title.
(12) Section 123(a) of this title.
(13) Section 123(c) of this title.
(14) Section 124 of this title.
(15) Section 126 of this title.
(16) Section 311(c) of this title.
(17) Section 313(a) of this title.
(18) Section 528 of this title.
(19) Section 541 of this title.
(20) Section 549(e)(3)(H)(i)(II) of this title.
(21) Section 557 of this title.
(22) Section 558(a) of this title.
(23) Section 559(f) of this title.
(24) Section 571(b) of this title.
(25) Section 572(a)(2)(A) of this title.
(26) Section 572(b)(4) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065; Pub. L. 111–350, §5(l)(3), Jan. 4, 2011, 124 Stat. 3850.)
| 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 41 U.S.C. 251 et seq. Where the words "this Act" are restated, substituting the words "this subtitle" does not yield an accurate literal translation because "this subtitle" does not include title III of the Act. This section does not subject any provision of law to title III of the Act if that provision was not subject to title III prior to the positive law codification of title 40.
Editorial Notes
Amendments
2011—Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "Federal Property and Administrative Services Act of 1949" in section catchline and for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" in introductory provisions.
§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, 58 Stat. 765) or other authority related to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I 1 of the Federal Property and Administrative Services Act of 1949.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1065.)
| 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, 63 Stat. 399; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. |
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, 63 Stat. 377, which was substantially repealed and restated in this chapter, chapters 3 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, Public Contracts, by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, which Act enacted this title, and Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855, which Act enacted Title 41. Provisions of former title I of act June 30, 1949, now appear in chapter 3 of this title relating to organization of General Services Administration. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 40, Public Buildings, Property, and Works, and former Title 41, Public Contracts, see Disposition Tables preceding section 101 of this title and section 101 of Title 41, respectively.
The Surplus Property Act of 1944, referred to in subsec. (b)(2), is act Oct. 3, 1944, ch. 479, 58 Stat. 765, which was classified principally to sections 1611 to 1646 of the former Appendix to Title 50, War and National Defense, and was repealed effective July 1, 1949, with the exception of sections 1622, 1631, 1637, and 1641 of the former Appendix to Title 50, by act June 30, 1949, ch. 288, title VI, §602(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. Sections 1622 and 1641 were partially repealed by the 1949 act, and section 1622 was editorially reclassified and is set out as a note under section 545 of Title 40, Public Buildings, Property, and Works. Section 1622(g) was repealed and reenacted as sections 47151 to 47153 of Title 49, Transportation, by Pub. L. 103–272, §§1(e), 7(b), July 5, 1994, 108 Stat. 1278–1280, 1379. Section 1631 was repealed by act June 7, 1939, ch. 190, §6(e), as added by act July 23, 1946, ch. 590, 60 Stat. 599, and is covered by sections 98 et seq. of Title 50. Section 1637 was repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, eff. Sept. 1, 1948, and is covered by section 3287 of Title 18, Crimes and Criminal Procedure. Provisions of section 1641 not repealed by the 1949 act were repealed by Pub. L. 87–256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538, and are covered by chapter 33 (§2451 et seq.) of Title 22, Foreign Relations and Intercourse. The provisions of the Surplus Property Act of 1944 originally repealed by the 1949 act are covered by provisions of the 1949 act which were classified to chapter 10 (§471 et seq.) of former Title 40, Public Buildings, Property, and Works, and which were repealed and reenacted by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304, as chapters 1 to 11 of this title.
1 See References in Text note below.
§113. Limitations
(a)
(b)
(c)
(d)
(e)
(1) the President under the Philippine Property Act of 1946 (22 U.S.C. 1381 et seq.);
(2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the 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 section 3063 of title 10, and the head of the agency, with respect to the administration of the provisions of that title referred to in section 3016 of such title as "chapter 137 legacy provisions";
(4) the Secretary of Defense with respect to property required for or located in occupied territories;
(5) the Secretary of Defense with respect to the administration of section 4881 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.);
(8) the Secretary of Agriculture under—
(A) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(B) the Farmers Home Administration Act of 1946 (ch. 964, 60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), with respect to the exportation and domestic consumption of agricultural products;
(D) section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or
(E) section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j));
(9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property;
(10) the Secretary of Housing and Urban Development or the 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 (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, 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 (16 U.S.C. 832 et seq.);
(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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1066; Pub. L. 108–458, title I, §1080, Dec. 17, 2004, 118 Stat. 3696; Pub. L. 111–350, §5(l)(4), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 117–81, div. A, title XVII, §1702(g)(1), Dec. 27, 2021, 135 Stat. 2157.)
In subsection (a), the word "paramount" is omitted as included in "not subject to any inconsistent provision".
In subsection (c), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597; 31 U.S.C. 841)" in section 602(c) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067).
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, 70A Stat. 641). The text of 40:474(d)(19) is omitted as obsolete.
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 "chapter 137 of title 10" and "that chapter" are substituted for "Armed Services Procurement Act of 1947" and "said Act" in section 602(d)(3) of the Federal Property and Administrative Services Act of 1949, because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640).
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, 63 Stat. 591) and because of 10:113(a).
In subsection (e)(5), the words "section 2535 of title 10" are substituted for "the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed "Defense Industrial Reserve Act" by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to section 2535 of title 10 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).
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, 67 Stat. 638) abolished the Munitions Board and transferred the Board's functions to the Secretary of Defense.
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, 67 Stat. 638). The words "the Act of August 31, 1947, Public Law 298, Eightieth Congress, with respect to the disposal of labor supply centers, and labor homes, labor camps, or facilities" are omitted because the intended reference is probably to the Act of July 31, 1947 (ch. 413, 61 Stat. 694), which was repealed by section 205(a) of the Housing Act of 1950 (ch. 94, 64 Stat. 73).
In subsection (e)(9), the words "an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)" are substituted for "the Secretary of Agriculture, Farm Credit Administration, or any farm credit board under section 640l(b) of title 12" because section 5.40(a), formerly 5.26(a), of the Farm Credit Act of 1971 (12:2001 note), repealed 12:640l, and provided that "[a]ll references in other legislation . . . to the Acts repealed hereby shall be deemed to refer to comparable provisions of [the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)]".
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 (Public Law 89–670, 80 Stat. 932, 938), because of 49:106(f) and (g), and because of 49:ch. 473. The words "Secretary of Commerce" are substituted for "Chief of the Weather Bureau" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because the office of Chief of the Weather Bureau was abolished and functions were transferred to the Secretary of Commerce by Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words "section 47301 of title 49" are substituted for "the International Aviation Facilities Act (62 Stat. 450)" in section 602(d)(14) of the Federal Property and Administrative Services Act of 1949 because of section 6(b) of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1378).
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 (28 Stat. 601), as amended or any other Act" in section 602(d)(18) of the Federal Property and Administrative Services Act of 1949 because of section 2(b) of the Act of October 22, 1968 (Public Law 90–620, 82 Stat. 1305), the first section of which enacted Title 44, United States Code.
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 (Public Law 97–241, 96 Stat. 291)] because of 22:6551.
Editorial Notes
References in Text
The Philippine Property Act of 1946, referred to in subsec. (e)(1), is act July 3, 1946, ch. 536, 60 Stat. 418, which is classified generally to subchapter V (§1381 et seq.) of chapter 15 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 1381 of Title 22 and Tables.
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 Pub. L. 96–41, §2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables.
The Foreign Service Buildings Act, 1926, referred to in subsec. (e)(7), is act May 7, 1926, ch. 250, 44 Stat. 403, which is classified generally to chapter 8 (§292 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see section 299 of Title 22 and Tables.
The Richard B. Russell National School Lunch Act, referred to in subsec. (e)(8)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables.
The Farmers Home Administration Act of 1946, referred to in subsec. (e)(8)(B), is act Aug. 14, 1946, ch. 964, 60 Stat. 1062. Such act was substantially repealed by act June 25, 1948, ch. 645, §21, 62 Stat. 862, and act Aug. 8, 1961, Pub. L. 87–128, title III, §341(a), 75 Stat. 318. For complete classification of this Act to the Code, see Tables.
The Farm Credit Act of 1971, referred to in subsec. (e)(9), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified generally to chapter 23 (§2001 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables.
The National Housing Act, referred to in subsec. (e)(10)(B)(ii), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
The Federal Deposit Insurance Act, referred to in subsec. (e)(10)(B)(ii), is act Sept. 21, 1950, ch. 967, §2, 64 Stat. 873, which is classified generally to chapter 16 (§1811 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see Short Title note set out under section 1811 of Title 12 and Tables.
The Bonneville Project Act of 1937, referred to in subsec. (e)(18), is act Aug. 20, 1937, ch. 720, 50 Stat. 731, which is classified generally to chapter 12B (§832 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 832 of Title 16 and Tables.
Amendments
2021—Subsec. (e)(3). Pub. L. 117–81, §1702(g)(1)(A), substituted "section 3063" for "chapter 137" and "the provisions of that title referred to in section 3016 of such title as 'chapter 137 legacy provisions';" for "that chapter;".
Subsec. (e)(5). Pub. L. 117–81, §1702(g)(1)(B), substituted "section 4881" for "section 2535".
2011—Subsec. (b). Pub. L. 111–350 substituted "Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41" for "the Office of Federal Procurement Policy Act" in heading and "division B (Except Sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)" in text.
2004—Subsec. (e)(20). Pub. L. 108–458 added par. (20).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memorandum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of Title 50, War and National Defense.
Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out as an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of Title 50, War and National Defense.
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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1068.)
| 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, 63 Stat. 389; Sept. 5, 1950, ch. 849, §9, 64 Stat. 591; Pub. L. 87–619, Aug. 31, 1962, 76 Stat. 414. |
| 121(c)(1) | 40:751(f). | June 30, 1949, ch. 288, title I, §101(f), as added Pub. L. 99–500, §101(m) [title VIII, §832], Oct. 18, 1986, 100 Stat. 1783–345; Pub. L. 99–591, §101(m) [title VIII, §832], Oct. 30, 1986, 100 Stat. 3341–345. |
| 121(c)(2) | 40:486(c). | |
| 121(d)(1), (2) | 40:486(d). | |
| 121(d)(3) | 40:486a. | Pub. L. 104–208, div. A, title I, §101(f) [title VI, §611], Sept. 30, 1996, 110 Stat. 3009–355. |
| 121(e)(1) | 40:486(e). | |
| 40:754 (1st sentence). | June 30, 1949, ch. 288, title I, §106, 63 Stat. 381. | |
| 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 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (f), the words "expenses under" are substituted for "subsistence, as authorized by" for consistency in the revised title. The words "section 5703 of title 5" are substituted for "section 5 of the Act of August 2, 1946 (5 U.S.C. 73b–2)" in section 205(g) of the Federal Property and Administrative Services Act of 1949 because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
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 1013 of Title 5, Government Organization and Employees.
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; Ex. Ord. No. 14091, §6(c), Feb. 16, 2023, 88 F.R. 10830, 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 (40 U.S.C. 486(a)) [now 40 U.S.C. 121(a)], and in order to prescribe appropriate policies and directives, not inconsistent with that Act [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, Public Contracts] and other applicable provisions of law, for the planning, acquisition, utilization, and management of Federal space facilities, it is hereby ordered as follows:
1–1. Space Acquisition
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. Except where such selection is otherwise prohibited, the process for meeting Federal space needs in urban areas shall give first consideration to a centralized community business area and adjacent areas of similar character, including other specific areas which may be recommended by local officials.
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 (90 Stat. 2507, 40 U.S.C. 612a) [now 40 U.S.C. 3306].
(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 and utilization of Federally owned and leased space. In particular, the Administrator shall:
(a) Select, acquire, and manage Federal space in a manner which 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 his judgment, are adequate or economically adaptable to meeting the space needs of executive agencies.
(f) Annually submit long–range plans and programs for the acquisition, modernization, and use of space for approval by the President.
1–202. The Administrator is authorized to request from any Executive agency such information and assistance deemed necessary to carry out his 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 40 U.S.C. 486(a) [now 40 U.S.C. 121(a)] and 3 U.S.C. 301, it is hereby ordered as follows:
(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.
Executive Order No. 12977
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, which established the Interagency Security Committee, was superseded and revoked by Ex. Ord. No. 14111, §7, Nov. 27, 2023, 88 F.R. 83811, set out in a note below.
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 section 121(a) of title 40, United States Code, and in order to promote the efficient and economical use of Federal real property resources in accordance with their value as national assets and in the best interests of the Nation, it is hereby ordered as follows:
(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 [54 U.S.C. 306101 note], and for environmental management under other Executive Orders; and
(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 section 306 of title 5, United States Code;
(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.
Ex. Ord. No. 14111. Interagency Security Committee
Ex. Ord. No. 14111, Nov. 27, 2023, 88 F.R. 83809, 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 or Federal contractor workers for nonmilitary activities, and to provide an ongoing entity to address continuing Government-wide security for Federal facilities, it is hereby ordered as follows:
(a) the Secretary of Homeland Security (Secretary);
(b) representatives from the following executive departments and agencies (agencies), designated by the heads of such agencies:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Health and Human Services;
(x) the Department of Housing and Urban Development;
(xi) the Department of Transportation;
(xii) the Department of Energy;
(xiii) the Department of Education;
(xiv) the Department of Veterans Affairs;
(xv) the Environmental Protection Agency;
(xvi) the Office of Management and Budget;
(xvii) the Office of the Director of National Intelligence; and
(xviii) the General Services Administration;
(c) the following officials or their designees:
(i) the Director of the United States Marshals Service;
(ii) the Director of the Federal Protective Service;
(iii) the Director of the Central Intelligence Agency;
(iv) the Director of the Office of Personnel Management; and
(v) the Director of the Federal Bureau of Investigation; and
(d) such other Federal officials as the President may from time to time designate.
(a) establish policies and standards for security in and protection of Federal facilities;
(b) evaluate existing security standards for Federal facilities and develop a strategy to monitor the implementation of such standards to ensure compliance by agencies;
(c) take such actions as may be necessary to enhance the quality and effectiveness of security in and protection of Federal facilities, including:
(i) encouraging agencies with security responsibilities to share security-related intelligence in a timely and cooperative manner;
(ii) assessing technology and information systems as means of providing cost-effective improvements to security in Federal facilities;
(iii) developing long-term construction standards for those locations with threat levels or missions that require blast-resistant structures or other specialized security requirements;
(iv) evaluating standards for the location of, and special security related to, child care centers in Federal facilities;
(v) assisting the Secretary in developing and maintaining a centralized security database of all Federal facilities; and
(vi) providing best practices for securing a mobile Federal workforce; and
(d) no later than 1 year after the date of this order [Nov. 27, 2023] and biennially thereafter, prepare and provide to the Director of the Office of Management and Budget and the Assistant to the President for National Security Affairs a summary report describing the results of compliance under subsection 6(c) of this order.
(b) Each agency shall cooperate and comply with the requirements of this order and the policies and standards of the Committee issued pursuant to this order, except in situations in which the Director of National Intelligence, or other United States Intelligence Community official within the Office of the Director of National Intelligence designated by the Director of National Intelligence, determines that compliance would jeopardize intelligence sources and methods. To the extent permitted by law and subject to the availability of appropriations, agencies shall provide such cooperation and compliance as may be necessary to enable the Committee to perform its duties and responsibilities under this order.
(i) Each agency shall designate a senior official who shall be responsible for agency implementation of, and compliance with, this order.
(ii) The senior official shall ensure that the official's agency supports Facility Security Committees, as applicable, in the performance of the official's duties.
(c) The Secretary shall monitor agency compliance with the policies and standards of the Committee. Monitoring compliance shall consist, at a minimum, of the following:
(i) maintaining compliance benchmarks to measure compliance progress;
(ii) requiring periodic compliance reporting by all relevant agencies; and
(iii) conducting risk-based compliance verification.
(d) In situations in which a Federal facility is occupied by multiple agencies for both military and nonmilitary activities, and each such occupancy is substantial, those occupants shall coordinate on the security of the facility.
(a) "Agency" means an executive agency, as defined in section 105 of title 5, United States Code.
(b) "Federal facility" means a federally owned or leased building, structure, or the land it resides on, in whole or in part, that is regularly occupied by Federal employees or Federal contractor workers for nonmilitary activities. The term "Federal facility" also means any building or structure acquired by a contractor through ownership or leasehold interest, in whole or in part, solely for the purpose of executing a nonmilitary Federal mission or function under the direction of an agency. The term "Federal facility" does not include public domain land, including improvements thereon; withdrawn lands; or buildings or facilities outside of the United States.
(c) "Federal employee" means an employee, as defined in section 2105 of title 5, United States Code, of an agency.
(d) "Federal contractor worker" means any individual who performs work for or on behalf of any agency under a contract, subcontract, or contract-like instrument and who, in order to perform the work specified under the contract, subcontract, or contract-like instrument, requires access to space, information, information technology systems, staff, or other assets of the Federal Government in buildings and facilities of the United States. Such contracts include the following:
(i) personal service contracts;
(ii) contracts between any non-Federal entity and any agency; and
(iii) subcontracts between any non-Federal entity and another non-Federal entity to perform work related to the primary contract with an agency.
(e) "Facility Security Committee" means a committee that is established in accordance with an Interagency Security Committee standard, and that is responsible for addressing facility-specific security issues and approving the implementation of security measures and practices in multi-tenant facilities.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(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.
J.R. Biden, Jr.
§122. Prohibition on sex discrimination
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 122 | 40:476. | June 30, 1949, ch. 288, title VI, §606, as added Pub. L. 94–519, §8, Oct. 17, 1976, 90 Stat. 2456. |
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
§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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1070.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 123(a) | 40:489(b). | June 30, 1949, ch. 288, title II, §209, 63 Stat. 392. |
| 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 sections 88 and 132(a) of title 28.
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 section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| 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), 63 Stat. 403; renumbered [§] 603(b), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583. |
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 (84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| 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), 63 Stat. 403; renumbered [§] 603(a), Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; Sept. 5, 1950, ch. 849, §7(g), 64 Stat. 590. |
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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 126 | 40:492. | June 30, 1949, ch. 288, title II, §212, formerly §210, 63 Stat. 393; renumbered §212, Sept. 5, 1950, ch. 849, §5(a), 64 Stat. 580. |
The words "in January of each year and" are omitted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 174 of House Document No. 103–7.
CHAPTER 3—ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
SUBCHAPTER I—GENERAL
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—FUNDS
Editorial Notes
Amendments
2006—Pub. L. 109–313, §§2(a)(2), 3(h)(3), Oct. 6, 2006, 120 Stat. 1734, 1736, substituted "Federal Acquisition Service" for "Functions" in item 303 and "Acquisition Services Fund" for "General Supply Fund" in item 321 and struck out item 322 "Information Technology Fund".
2002—Pub. L. 107–347, title I, §102(a)(2), Dec. 17, 2002, 116 Stat. 2910, added item 305.
1 Section repealed by Pub. L. 111–8 without corresponding amendment of chapter analysis.
SUBCHAPTER I—GENERAL
§301. Establishment
The General Services Administration is an agency in the executive branch of the Federal Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1071.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 40:751(a). | June 30, 1949, ch. 288, title I, §101(a), 63 Stat. 379. |
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 sections 121(g)(5), 203(3), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
5-Year Plans for Federal Building Construction and Land Port-of-Entry Projects
Pub. L. 111–117, div. C, title V, Dec. 16, 2009, 123 Stat. 3188, provided in part: "That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall include a detailed 5-year plan for Federal building construction projects with a yearly update of total projected future funding needs: Provided further, That for fiscal year 2011 and thereafter, the annual budget submission to Congress for the General Services Administration shall, in consultation with U.S. Customs and Border Protection, include a detailed 5-year plan for Federal land port-of-entry projects with a yearly update of total projected future funding needs".
Similar provisions were contained in the following prior appropriation act:
Pub. L. 111–8, div. D, title V, Mar. 11, 2009, 123 Stat. 660.
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 5 U.S.C. 901 et seq.].
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 Pub. L. 100–418, set out as a Change of Name note under 15 U.S.C. 271.]
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 Pub. L. 91–375, §6(o), Aug. 12, 1970, 84 Stat. 783, set out as a note preceding section 101 of Title 39, Postal Service.]
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 ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (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 (5 U.S.C. 5701–5707), consistent with the availability of funds.
(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, formerly set out as a note under section 1013 of 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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072.)
| 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), 63 Stat. 379. |
§303. Federal Acquisition Service
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072; Pub. L. 109–313, §2(a)(1), Oct. 6, 2006, 120 Stat. 1734.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a)(1) | 40:752(a). | June 30, 1949, ch. 288, title I, §102, 63 Stat. 380; Sept. 5, 1950, ch. 849, §6(a), 64 Stat. 583. |
| 303(a)(2) | 40:752(c). | |
| 303(b) | 40:753. | June 30, 1949, ch. 288, title I, §103, 63 Stat. 380. |
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, 63 Stat. 1070), and subsequently transferred to the Department of Transportation under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931). The text of 40:753(a) (last sentence related to Federal Works Agency transfers) and (b) is omitted as executed.
Editorial Notes
Amendments
2006—Pub. L. 109–313 amended section catchline and text generally. Prior to amendment, text read as follows:
"(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
Pub. L. 109–313, §2(c), Oct. 6, 2006, 120 Stat. 1735, provided that: "Any reference in any other Federal law, Executive order, rule, regulation, reorganization plan, or delegation of authority, or in any document—
"(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 Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
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 section 5195 of Title 42, The Public Health and Welfare.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304 | 40:760. | June 30, 1949, ch. 288, title I, §112, as added Pub. L. 95–491, §2(a), Oct. 20, 1978, 92 Stat. 1641. |
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 Pub. L. 107–347, title I, §102(a)(1), Dec. 17, 2002, 116 Stat. 2910.)
Statutory Notes and Related Subsidiaries
Effective Date
Section effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as a note under section 3601 of Title 44, Public Printing and Documents.
SUBCHAPTER II—ADMINISTRATIVE
§311. Personnel
(a)
(b)
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1072; Pub. L. 111–350, §5(l)(5), Jan. 4, 2011, 124 Stat. 3851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 311(a)–(c) | 40:758. | June 30, 1949, ch. 288, title II, §208, 63 Stat. 391; Sept. 5, 1950, ch. 849, §7(b), (c), 64 Stat. 590. |
| 311(d) | 40:253. | June 23, 1913, ch. 3, §1 (proviso on p. 17), 38 Stat. 17. |
In subsections (a) and (b), the words "and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)" are added to provide an accurate literal translation of the words "this Act", meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. Reference to title V of this Act is omitted as obsolete because of the Act of October 22, 1968 (Public Law 90–620, 82 Stat. 1238), the first section of which enacted Title 44, United States Code. The responsibilities of the Administrator of General Services under title V were given to the Archivist of the United States, National Historical Publications and Records Commission, and Advisory Committee on the Records of Congress.
In subsection (a), the words "subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "subject to the civil-service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (b), the words "under section 3109 of title 5" are substituted for "(not in excess of one year)" and "or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such service shall be without regard to the civil-service and classification laws, and except in the case of stenographic reporting services by organizations, without regard to section 5 of title 41" for clarity and to eliminate unnecessary words.
In subsection (c), the words "section 973 of title 10" are substituted for "section 1222 of the Revised Statutes (10 U. S. C. 576)" in section 208(c) of the Federal Property and Administrative Services Act of 1949 because of section 49(b) of the Act of August 10, 1956 (ch. 1041, 70A Stat. 640), the first section of which enacted Title 10, United States Code, and section 4(a)(5) and (6) of the Act of January 2, 1968 (Public Law 90–235, 81 Stat. 759). The words "personnel (including armed services personnel) from an executive agency other than the General Services Administration" are substituted for "officials, officers, and other personnel in other executive agencies, including personnel of the armed services" for clarity and to eliminate unnecessary 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, 53 Stat. 1426)], and the word "Administration" [meaning the General Services Administration] is substituted for "public-buildings service" and "Office of the Supervising Architect" [subsequently changed to "Public Buildings Administration" because of section 1 of Executive Order No. 6166 (eff. June 10, 1933) and section 303 of Reorganization Plan No. I of 1939 (eff. July 1, 1939, 53 Stat. 1427)], because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(b)] of the revised title. The words "such as supervising superintendents, superintendents, junior superintendents, and inspectors of the several classes" are omitted as unnecessary.
Editorial Notes
Amendments
2011—Subsecs. (a), (b). Pub. L. 111–350 substituted "division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41" for "title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)".
[§312. Repealed. Pub. L. 111–8, div. D, title V, §518(c)(1), Mar. 11, 2009, 123 Stat. 665]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073, related to transfer and use of amounts for major equipment acquisitions.
§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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1073.)
| 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), 64 Stat. 579; Pub. L. 86–591, July 5, 1960, 74 Stat. 330. |
| 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 section 11101(6) of this title);
(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 section 11101(6) of this title); and
(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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1074; Pub. L. 109–313, §3(d)–(g), (h)(2), Oct. 6, 2006, 120 Stat. 1735, 1736; Pub. L. 113–235, div. H, title I, §1301(d), Dec. 16, 2014, 128 Stat. 2537.)
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 (45 Stat. 1342; 41 U.S.C. 7c), and transferred to the Administrator by section 752 of this title" and "the fund shall assume all of the liabilities, obligations, and commitments of the general supply fund created by such Act of February 27, 1929" are omitted as executed and obsolete.
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—Pub. L. 109–313, §3(h)(2), substituted "Acquisition Services Fund" for "General Supply Fund" in section catchline.
Subsecs. (a), (b). Pub. L. 109–313, §3(d), amended subsecs. (a) and (b) generally. Prior to amendment, subsecs. (a) and (b) related to the existence and composition, respectively, of the General Supply Fund.
Subsec. (c)(1)(A)(iii). Pub. L. 109–313, §3(e), added cl. (iii).
Subsec. (d)(2)(A)(v), (vi). Pub. L. 109–313, §3(f), added cl. (v) and redesignated former cl. (v) as (vi).
Subsec. (f). Pub. L. 109–313, §3(g), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:
"(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 Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
Acquisition Services Fund
Pub. L. 109–313, §3(a)–(c), Oct. 6, 2006, 120 Stat. 1735, provided that:
"(a)
"(b)
"(c)
[§322. Repealed. Pub. L. 109–313, §3(h)(1), Oct. 6, 2006, 120 Stat. 1736]
Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1076, related to an Information Technology Fund in the Treasury.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Repeal effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as an Effective Date of 2006 Amendment note under section 5316 of Title 5, Government Organization and Employees.
§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)
(f) The Administrator may enter into agreements with federal agencies to provide services through the Fund on a fully reimbursable basis.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1077; Pub. L. 111–8, div. D, title V, §516, Mar. 11, 2009, 123 Stat. 664; Pub. L. 117–103, div. E, title V, §527, Mar. 15, 2022, 136 Stat. 276.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a)–(d) | 40:761. | Pub. L. 98–63, title I, §101 (1st–9th sentences in par. under heading "Consumer Information Center Fund"), July 30, 1983, 97 Stat. 321. |
| 323(e) | 40:761a. | Pub. L. 105–65, title III, (last proviso in par. under heading "Consumer Information Center Fund"), Oct. 27, 1997, 111 Stat. 1377. |
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
2022—Subsec. (f). Pub. L. 117–103 added subsec. (f).
2009—Subsec. (a). Pub. L. 111–8 substituted "Federal Citizen Services" for "Consumer Information Center" and struck out "consumer" after "Federal Government".
Subsec. (b)(1). Pub. L. 111–8 substituted "Federal Citizen Services" for "Consumer Information Center".
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
Amendment of Analysis
Pub. L. 118–99, §2(e)(3), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this analysis is amended by striking item 530. See 2024 Amendment note below.
Editorial Notes
Amendments
2024—Pub. L. 118–99, §2(c), (e)(3), Oct. 1, 2024, 138 Stat. 1579, added item 530 and, effective 5 years after Oct. 1, 2024, struck out such item 530 "Internal guidance on excess personal property".
2022—Pub. L. 117–328, div. Z, §103(b), Dec. 29, 2022, 136 Stat. 5527, added item 549a.
2016—Pub. L. 114–318, §3(b)(1), Dec. 16, 2016, 130 Stat. 1613, added item for subchapter VII and items 621 to 624.
Statutory Notes and Related Subsidiaries
Effective Date of 2024Amendment
Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(3) is effective on the date that is 5 years after Oct. 1, 2024.
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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1079; Pub. L. 111–350, §5(l)(6), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 115–232, div. B, title XXVIII, §2826, Aug. 13, 2018, 132 Stat. 2270.)
| 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), 63 Stat. 383; Pub. L. 93–400, §15(1), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. |
| 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, 63 Stat. 591). The words "or which may be taken" are omitted as unnecessary.
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 (Public Law 98–191, 97 Stat. 1331).
Editorial Notes
Amendments
2018—Subsec. (c). Pub. L. 115–232 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2).
2011—Subsec. (b)(2)(B). Pub. L. 111–350 substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
§502. Services for other entities
(a)
(1) a federal agency;
(2) a mixed-ownership Government corporation (as defined in section 9101 of title 31); or
(3) the District of Columbia.
(b)
(1)
(A)(i) a qualified nonprofit agency for the blind (as defined in section 8501(7) of title 41); or
(ii) a qualified nonprofit agency for other severely disabled (as defined in section 8501(6) of title 41); and
(B) providing a commodity or service to the Federal Government under chapter 85 of title 41.
(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 (43 U.S.C. 1601 et seq.).
(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 (20 U.S.C. 1001(a)).
(d)
(1)
(2)
(3)
(4)
(e)
(1)
(2)
(3)
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107–347, title II, §211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109–364, div. A, title VIII, §833(a), Oct. 17, 2006, 120 Stat. 2332; Pub. L. 110–248, §2, June 26, 2008, 122 Stat. 2316; Pub. L. 111–263, §§2–4, Oct. 8, 2010, 124 Stat. 2787, 2788; Pub. L. 111–350, §5(l)(7), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 114–95, title IX, §9215(www), Dec. 10, 2015, 129 Stat. 2191.)
| 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), 63 Stat. 384; Sept. 5, 1950, ch. 849, §8(b), 64 Stat. 591; Pub. L. 103–355, title I, §1555, Oct. 13, 1994, 108 Stat. 3300; Pub. L. 105–61, title IV, §413, Oct. 10, 1997, 111 Stat. 1300. |
| 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 (Public Law 102–569, 106 Stat. 4486) and section 301 of the Rehabilitation Act Amendments of 1993 (Public Law 103–73, 107 Stat. 736).
Editorial Notes
References in Text
The Alaska Native Claims Settlement Act, referred to in subsec. (c)(3)(B)(ii), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Section 7013 of the Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(3)(C), is classified to section 7713 of Title 20, Education.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(1), is Pub. L. 93–288, May 22, 1974, 88 Stat. 143, which is classified principally to chapter 68 (§5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.
Amendments
2015—Subsec. (c)(3)(C). Pub. L. 114–95 substituted "section 7013 of the Elementary and Secondary Education Act of 1965" for "section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713)".
2011—Subsec. (b)(1)(A)(i). Pub. L. 111–350, §5(l)(7)(A), substituted "section 8501(7) of title 41" for "section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(3))".
Subsec. (b)(1)(A)(ii). Pub. L. 111–350, §5(l)(7)(B), substituted "disabled (as defined in section 8501(6) of title 41)" for "handicapped (as defined in section 5(4) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(4)))".
Subsec. (b)(1)(B). Pub. L. 111–350, §5(l)(7)(C), substituted "chapter 85 of title 41" for "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)".
Subsec. (b)(2). Pub. L. 111–350, §5(l)(7)(D), substituted "section 8503 of title 41" for "section 2 of the Javits-Wagner-O'Day Act (41 U.S.C. 47)".
2010—Subsec. (d)(1). Pub. L. 111–263, §4, inserted ", to facilitate disaster preparedness or response," after "Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)".
Subsec. (e). Pub. L. 111–263, §2, added subsec. (e).
Subsec. (f). Pub. L. 111–263, §3, added subsec. (f).
2008—Subsec. (c)(1). Pub. L. 110–248 substituted "Administration for the following:" for "Administration for automated", inserted "(A) Automated" before "data processing", and added subpar. (B).
2006—Subsec. (d). Pub. L. 109–364 added subsec. (d).
2002—Subsec. (c). Pub. L. 107–347 added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–347 effective 120 days after Dec. 17, 2002, see section 402(a) of Pub. L. 107–347, set out as an Effective Date note under section 3601 of Title 44, Public Printing and Documents.
Procedures
Pub. L. 109–364, div. A, title VIII, §833(b), Oct. 17, 2006, 120 Stat. 2332, provided that: "Not later than 30 days after the date of the enactment of this Act [Oct. 17, 2006], the Administrator of General Services shall establish procedures to implement subsection (d) of section 502 of title 40, United States Code (as added by subsection (a))."
Public Land Management Agency Foundations
Pub. L. 108–352, §9, Oct. 21, 2004, 118 Stat. 1396, provided that: "Employees of the foundations established by Acts of Congress to solicit private sector funds on behalf of Federal land management agencies shall qualify for General Service Administration contract airfares."
§503. Exchange or sale of similar items
(a)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081; Pub. L. 111–350, §5(l)(8), Jan. 4, 2011, 124 Stat. 3851.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 503 | 40:481(c). | June 30, 1949, ch. 288, title II, §201(c), 63 Stat. 384; Pub. L. 93–400, §15(2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100–612, §2, Nov. 5, 1988, 102 Stat. 3180. |
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 (Public Law 98–191, 97 Stat. 1331).
In subsection (b)(2), the words "the authority of" are omitted as unnecessary.
Editorial Notes
Amendments
2011—Subsec. (b)(1). Pub. L. 111–350, §5(l)(8)(A), substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
Subsec. (b)(3). Pub. L. 111–350, §5(l)(8)(B), substituted "
§504. Agency cooperation for inspection
(a)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)
| 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 Pub. L. 85–781, Aug. 27, 1958, 72 Stat. 936. |
In subsection (b), the words "section 1301(a) of title 31" are substituted for "section 3678 of the Revised Statutes (31 U.S.C. 628)" in section 201(d) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1081.)
| 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 Pub. L. 91–426, §1, Sept. 26, 1970, 84 Stat. 883. |
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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1082; Pub. L. 111–350, §5(l)(9), Jan. 4, 2011, 124 Stat. 3852; Pub. L. 115–419, §2(b), Jan. 3, 2019, 132 Stat. 5443.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 506 | 40:487. | June 30, 1949, ch. 288, title II, §206, 63 Stat. 390; July 12, 1952, ch. 703, §1(k), 66 Stat. 593; Pub. L. 93–400, §15(3), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, §10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. |
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, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
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 (Public Law 98–191, 97 Stat. 1331).
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, 63 Stat. 591).
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). Pub. L. 115–419 added subpars. (E) and (F).
2011—Subsec. (a)(1)(D). Pub. L. 111–350 substituted "division B (except sections 1704 and 2303) of subtitle I of title 41" for "the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)".
SUBCHAPTER II—USE OF PROPERTY
§521. Policies and methods
Subject to section 523 of this title, in order to minimize expenditures for property, the Administrator of General Services shall—
(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
(2) provide for the transfer of excess property—
(A) among federal agencies; and
(B) to the organizations specified in section 321(c)(2) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)
| 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), 63 Stat. 384; July 12, 1952, ch. 703, §1(f), 66 Stat. 593; Pub. L. 93–599, (1), Jan. 2, 1975, 88 Stat. 1954. |
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
Pub. L. 115–232, div. B, title XXVIII, §2847, Aug. 13, 2018, 132 Stat. 2277, provided that:
"(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 Public Law 106–504 (commonly known as the 'Guam Omnibus Opportunities Act'; 40 U.S.C. 521 note), the parcels are eligible to be transferred to the territorial government.
"(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
Pub. L. 106–504, §1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109–163, div. A, title X, §1056(a)(6), Jan. 6, 2006, 119 Stat. 3439, provided that:
"(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 section 2696 of title 10, United States Code, or section 501 of Public Law 100–77 (42 U.S.C. 11411).
"(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 section 101(a)(17) of title 10, United States Code.
"(3) The term 'excess real property' means excess property (as that term is defined in section 3 of the Property Act [now 40 U.S.C. 102]) that is real property and was acquired by the United States prior to the enactment of this section [Nov. 13, 2000].
"(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 40 U.S.C. 541 et seq.], as implemented by the Federal Property Management Regulations (41 CFR 101–47) or the specific public benefit uses set forth in section 3(c) of the Guam Excess Lands Act (Public Law 103–339; 108 Stat. 3116), except that such definition shall not include the transfer of land to an individual or entity for private use other than on a nondiscriminatory basis.
"(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 (Public Law 103–339; 108 Stat. 3116) which shall be disposed of in accordance with such 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 section 574(a) of this title; or
(2) either the transferor or the transferee agency (or the organizational unit affected) is—
(A) subject to chapter 91 of title 31; or
(B) an organization specified in section 321(c)(2) of this title.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083; Pub. L. 109–284, §6(1), (2), Sept. 27, 2006, 120 Stat. 1212.)
| 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), 63 Stat. 384; July 12, 1952, ch. 703, §1(f), 66 Stat. 593. |
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, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
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, 68 Stat. 1051).
In subsection (b)(2)(A), the words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act (59 Stat. 597, 31 U.S.C. 841)" in section 202(a)(1) (last sentence) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
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). Pub. L. 109–284, §6(1), struck out "of this section" after "subsections (b) and (c)".
Subsec. (b). Pub. L. 109–284, §6(2), substituted "at" for "At" in heading.
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1083.)
| 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 Pub. L. 93–599, (2), Jan. 2, 1975, 88 Stat. 1954. |
§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 section 321(c)(2) of this title; and
(3) obtain excess property from other federal agencies.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1084; Pub. L. 114–318, §6, Dec. 16, 2016, 130 Stat. 1615; Pub. L. 115–419, §2(a), Jan. 3, 2019, 132 Stat. 5442.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 524(a) | 40:483(b). | June 30, 1949, ch. 288, title II, §202(b), 63 Stat. 384. |
| 524(b) | 40:483(c). | June 30, 1949, ch. 288, title II, §202(c), 63 Stat. 384; July 12, 1952, ch. 703, §1(g), 66 Stat. 593. |
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 Pub. L. 114–318, which was approved Dec. 16, 2016.
Section 21 of the Federal Assets Sale and Transfer Act of 2016, referred to in subsec. (a)(12), is section 21 of Pub. L. 114–287, which is set out in a note under section 1303 of this title.
Amendments
2019—Subsec. (a)(13). Pub. L. 115–419 added par. (13).
2016—Subsec. (a)(6) to (12). Pub. L. 114–318, §6(a), added pars. (6) to (12).
Subsec. (c). Pub. L. 114–318, §6(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
OMB Report
Pub. L. 109–396, title IV, §408, Dec. 15, 2006, 120 Stat. 2720, provided that the Director of the Office of Management and Budget was to submit, not later than 6 months after Dec. 15, 2006, a report on surplus and excess government property to Congress and, by such date, to develop, implement, and report to Congress on procedures requiring Federal agencies to share data on surplus and excess Federal real property under the jurisdiction of each agency.
§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 (7 U.S.C. 341 et seq.);
(B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or
(C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains title.
(d)
(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title;
(2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1870(e));
(3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or
(4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1084.)
| 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 Pub. L. 94–519, §3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97–98, title XIV, §1443, Dec. 22, 1981, 95 Stat. 1321. |
| 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, 38 Stat. 372, which is classified generally to subchapter IV (§341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 341 of Title 7 and Tables.
The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 361a of Title 7 and Tables.
Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in subsec. (c)(2)(C), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the "McIntire-Stennis Act of 1962" and also as the "McIntire-Stennis Cooperative Forestry Act", which is classified generally to subchapter III (§582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables.
1 So in original. Probably should be capitalized.
§526. Temporary assignment of excess real property
(a)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1085.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 526 | 40:483(g). | June 30, 1949, ch. 288, title II, §202(g), 63 Stat. 385. |
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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 527 | 40:483(h). | June 30, 1949, ch. 288, title II, §202(h), 63 Stat. 385. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 528 | 40:483b. | Aug. 7, 1953, ch. 340, §1316, 67 Stat. 439. |
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.
(c)
(1) the complete data provided in each report in a user-friendly format;
(2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and
(3) any other recommendations from the Administrator.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086; Pub. L. 118–99, §2(a)(1), (e)(1), Oct. 1, 2024, 138 Stat. 1578, 1579.)
Amendment of Section
Pub. L. 118–99, §2(e)(1), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is amended:
(1) in subsection (a), in the matter preceding paragraph (1), by striking "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives"; and
(2) by striking subsection (c).
See 2024 Amendment notes below.
| 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 Pub. L. 94–519, §3, Oct. 17, 1976, 90 Stat. 2454. |
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 (31 U.S.C. 1113 note). See, also, page 173 of House Document No. 103–7.
Editorial Notes
Amendments
2024—Subsec. (a). Pub. L. 118–99, §2(e)(1)(A), struck out "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives" after "Administrator of General Services" in introductory provisions.
Pub. L. 118–99, §2(a)(1)(A), inserted "and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives" after "Administrator of General Services" in introductory provisions.
Subsec. (c). Pub. L. 118–99, §2(e)(1)(B), struck out subsec. (c) which related to compilation of data in the reports submitted under subsection (a).
Subsec. (c). Pub. L. 118–99, §2(a)(1)(B), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the amendment made by section 2(e)(1) is effective on the date that is 5 years after Oct. 1, 2024.
1 So in original. The word "and" probably should appear.
§530. Internal guidance on excess personal property
(a)
(1) a requirement to consider excess personal property before buying new;
(2) when it is practicable to check for and obtain excess personal property;
(3) how to evaluate the suitability of excess personal property for use; and
(4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.
(b)
(Pub. L. 118–99, §2(a)(2), (e)(2), Oct. 1, 2024, 138 Stat. 1578, 1579.)
Repeal of Section
Pub. L. 118–99, §2(e)(2), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is repealed.
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–99, which was approved Oct. 1, 2024.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal
Pub. L. 118–99, §2(e), Oct. 1, 2024, 138 Stat. 1579, provided that the repeal of this section by section 2(e)(2) is effective on the date that is 5 years after Oct. 1, 2024.
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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 541 | 40:484(a). | June 30, 1949, ch. 288, title II, §203(a), 63 Stat. 385. |
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
Pub. L. 98–181, title I [title I, §126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that:
"(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this Act [Nov. 30, 1983], either Secretary had requested the Administrator of General Services to transfer such property for such disposition.
"(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b)] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2)."
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 542 | 40:484(b). | June 30, 1949, ch. 288, title II, §203(b), 63 Stat. 385. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 543 | 40:484(c). | June 30, 1949, ch. 288, title II, §203(c), 63 Stat. 385. |
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 544 | 40:484(d). | June 30, 1949, ch. 288, title II, §203(d), 63 Stat. 385. |
§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)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087; Pub. L. 111–350, §5(l)(10), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 545 | 40:484(e). | June 30, 1949, ch. 288, title II, §203(e), 63 Stat. 386; July 12, 1952, ch. 703, §1(i), 66 Stat. 593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 Stat. 474; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85–486, July 2, 1958, 72 Stat. 288; Pub. L. 100–612, §§3, 4, Nov. 5, 1988, 102 Stat. 3180. |
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 section 126 of this title.
Editorial Notes
Amendments
2011—Subsec. (f). Pub. L. 111–350 substituted "Section 6101(b)–(d) of title 41" for "Section 3709 of the Revised Statutes (41 U.S.C. 5)".
Statutory Notes and Related Subsidiaries
Disposal of Surplus Property to Local Governments and Nonprofit Institutions
Act Oct. 3, 1944, ch. 479, §13, 58 Stat. 770; Sept. 18, 1945, ch. 368, §2, 59 Stat. 533; May 3, 1946, ch. 248, §5, 60 Stat. 169; 1947 Reorg. Plan No. 1, §501, eff. July 1, 1947, 12 F.R. 4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June 10, 1948, ch. 433, §§1, 2, 62 Stat. 350; June 29, 1948, ch. 727, 62 Stat. 1103; June 30, 1949, ch. 288, title I, §105, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 381, 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583; amended Oct. 1, 1949, ch. 589, §§1, 5, 63 Stat. 701; Pub. L. 85–726, title XIV, §1402(c), Aug. 23, 1958, 72 Stat. 807; Pub. L. 87–90, July 20, 1961, 75 Stat. 211; Pub. L. 91–258, title I, §52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L. 91–485, §5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, §2, Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, §524(c), Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, provided that:
"(a) to (c) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.]
"(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 50 U.S.C. App. 1611 et seq.] is needful for or adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for more than one year, or otherwise disposed of, except as provided in section 12 [former 50 U.S.C. App. 1621] or this section, unless specifically authorized by Act of Congress.
"(e), (f) [Repealed. June 30, 1949, ch. 288, title VI, §602(a)(1), formerly title V, §502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583.]
"(g) [Repealed. Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.]"
§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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1089.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 546 | 40:484(f). | June 30, 1949, ch. 288, title II, §203(f), 63 Stat. 386. |
§547. Agricultural commodities, foods, and cotton or woolen goods
(a)
(b)
(1)
(2)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1089.)
| 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), 63 Stat. 386. |
| 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.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109–304, §17(g)(1), Oct. 6, 2006, 120 Stat. 1708.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 548 | 40:484(i). | June 30, 1949, ch. 288, title II, §203(i), 63 Stat. 386; Pub. L. 97–31, §12(15), Aug. 6, 1981, 95 Stat. 154. |
Editorial Notes
Amendments
2006—Pub. L. 109–304 substituted "part F of subtitle V of title 46" for "the Merchant Marine Act, 1936 (46 App. U.S.C. 1101 et seq.),".
§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 (26 U.S.C. 501), including—
(i) a medical institution, hospital, clinic, health center, or drug abuse treatment center;
(ii) a provider of assistance to homeless individuals or to families or individuals whose annual incomes are below the poverty line (as that term is defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902));
(iii) a school, college, or university;
(iv) a school for the mentally retarded or physically 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 section 305101(4) of title 54, including a historic light station conveyed under section 305103 of title 54, notwithstanding the number of hours that the historic light station is open to the public; or
(C) for purposes of providing services to veterans (as defined in section 101 of title 38), to an organization whose—
(i) membership comprises substantially veterans; and
(ii) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38.
(4)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(A)
(B)
(C)
(3)
(A)
(i) the necessary organizational and operational authority and capability including staff, facilities, and means and methods of financing; and
(ii) established procedures for accountability, internal and external audits, cooperative agreements, compliance and use reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups.
(B)
(C)
(D)
(E)
(F)
(G)
(i)
(I) may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under subsection (c); and
(II) shall impose reasonable terms, conditions, reservations, and restrictions on the use of a passenger motor vehicle and any item of property having a unit acquisition cost of $5,000 or more.
(ii)
(H)
(i)
(I) subject to the disapproval of the Administrator within 30 days after notice to the Administrator, through transfer by the state agency to another state agency or through abandonment or destruction if the property has no commercial value or if the estimated cost of continued care and handling exceeds estimated proceeds from sale; or
(II) under this subtitle, on terms and conditions and in a manner the Administrator prescribes.
(ii)
(f)
(1)
(A) the Administrator;
(B) the Secretary of Education, for property transferred under section 550(c) of this title;
(C) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title; or
(D) the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services.
(2)
(A) a state agency may be used by a federal agency; and
(B) a federal agency may be made available to a state agency.
(3)
(4)
(A)
(B)
(i) the Administrator;
(ii) the Secretary of Education, for property transferred under section 550(c) of this title; or
(iii) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109–313, §5, Oct. 6, 2006, 120 Stat. 1737; Pub. L. 111–338, §2, Dec. 22, 2010, 124 Stat. 3590; Pub. L. 113–26, §2, Aug. 9, 2013, 127 Stat. 502; Pub. L. 113–287, §5(j)(1), Dec. 19, 2014, 128 Stat. 3269; Pub. L. 114–287, §23, Dec. 16, 2016, 130 Stat. 1479.)
In subsection (a)(2), the words "the Northern Mariana Islands" are added because of section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America (48:1801 note).
In subsection (d), the words "Secretary of Defense" are substituted for "National Military Establishment" [subsequently changed to "Department of Defense" because of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)] because of 10:113(a).
In subsection (e)(2)(B), the words "In the event that a State legislature has not developed, according to State law, a State plan within two hundred and seventy calendar days after October 17, 1976, the chief executive officer of the State shall approve, and submit to the Administrator, a temporary State plan" are omitted as obsolete.
In subsection (f)(1)(B)–(D) and (4)(B), the words "Secretary of Education" and "Secretary of Health and Human Services" are substituted for "Secretary of Health, Education, and Welfare" because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)).
Editorial Notes
Amendments
2016—Subsec. (c)(3)(B)(vii). Pub. L. 114–287 amended cl. (vii) generally. Prior to amendment, cl. (vii) read as follows: "a museum attended by the public;".
2014—Subsec. (c)(3)(B)(ix). Pub. L. 113–287 substituted "section 305101(4) of title 54" for "section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7(e)(2))" and "section 305103 of title 54" for "subsection (b) of that section".
2013—Subsec. (c)(3)(B)(viii), (x). Pub. L. 113–26, §2(2), inserted "or" at end of cl. (viii) and struck out cl. (x) which read as follows: "an organization whose—
"(I) membership comprises substantially veterans (as defined under section 101 of title 38); and
"(II) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38."
Subsec. (c)(3)(C). Pub. L. 113–26, §2(1), (3), added subpar. (C).
2010—Subsec. (c)(3)(B)(x). Pub. L. 111–338 added cl. (x).
2006—Subsec. (c)(3)(B)(ix). Pub. L. 109–313 added cl. (ix).
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Executive Documents
Ex. Ord. No. 12999. Educational Technology: Ensuring Opportunity for All Children in the Next Century
Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, provided:
In order to ensure that American children have the skills they need to succeed in the information-intensive 21st century, the Federal Government is committed to working with the private sector to promote four major developments in American education: making modern computer technology an integral part of every classroom; providing teachers with the professional development they need to use new technologies effectively; connecting classrooms to the National Information Infrastructure; and encouraging the creation of excellent educational software. This Executive order streamlines the transfer of excess and surplus Federal computer equipment to our Nation's classrooms and encourages Federal employees to volunteer their time and expertise to assist teachers and to connect classrooms.
Accordingly, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the provisions of the Stevenson-Wydler Technology Innovation Act of 1980, as amended (15 U.S.C. 3701 et seq.), the Federal Property and Administrative Services Act of 1949, ch. 288, 63 Stat. 377 [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, Public Contracts], and the National Defense Authorization Act for Fiscal Year 1996, Public Law 104–106 [see Tables for classification], it is hereby ordered as follows:
(b) Agencies shall attempt to give particular preference to schools and nonprofit organizations located in the Federal enterprise communities and empowerment zones established in the Omnibus Reconciliation Act of 1993, Public Law 103–66 [see 26 U.S.C. 1391 et seq.].
(c) Each agency shall, to the extent permitted by law and where appropriate, identify educationally useful Federal equipment that it no longer needs and transfer it to a school or nonprofit organization by:
(1) conveying research equipment directly to the school or organization pursuant to 15 U.S.C. 3710(i); or
(2) reporting excess equipment to the General Services Administration (GSA) for donation when declared surplus in accordance with section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, 40 U.S.C. 484(j) [now 40 U.S.C. 549]. Agencies shall report such equipment as far as possible in advance of the date the equipment becomes excess, so that GSA may attempt to arrange direct transfers from the donating agency to recipients eligible under this order.
(d) In transfers made pursuant to paragraph (c)(1) of this section, title shall transfer directly from the agency to the schools or nonprofit organizations as required by 15 U.S.C. 3710(i). All such transfers shall be reported to the GSA. At the direction of the recipient institution or organization, and if appropriate, transferred equipment may be conveyed initially to a nonprofit reuse or recycling program that will upgrade it before transfer to the school or nonprofit organization holding title.
(e) All transfers to schools or nonprofit organizations, whether made directly or through GSA, shall be made at the lowest cost to the school or nonprofit organization permitted by law.
(f) The availability of educationally useful Federal equipment shall be made known to eligible recipients under this order by all practicable means, including newspaper, community announcements, and the Internet.
(g) The regional Federal Executive Boards shall help facilitate the transfer of educationally useful Federal equipment from the agencies they represent to recipients eligible under this order.
(1) help connect America's classrooms to the National Information Infrastructure;
(2) assist teachers in learning to use computers to teach; and
(3) provide ongoing maintenance of and technical support for the educationally useful Federal equipment transferred pursuant to this order.
(b) Each agency described in subsection (a) shall submit to the Office of Science and Technology Policy, within 6 months of the date of this order, an implementation plan to advance the developments described in this order, particularly those required in this section. The plan shall be consistent with approved agency budget totals and shall be coordinated through the Office of Science and Technology Policy.
(c) Nothing in this order shall be interpreted to bar a recipient of educationally useful Federal equipment from lending that equipment, whether on a permanent or temporary basis, to a teacher, administrator, student, employee, or other designated person in furtherance of educational goals.
(b) "Community-based educational organizations" means nonprofit entities that are engaged in collaborative projects with schools or that have education as their primary focus. Such organizations shall qualify as nonprofit educational institutions or organizations for purposes of section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended [now 40 U.S.C. 549].
(c) "Educationally useful Federal equipment" means computers and related peripheral tools (e.g., printers, modems, routers, and servers), including telecommunications and research equipment, that are appropriate for use in prekindergarten, elementary, middle, or secondary school education. It shall also include computer software, where the transfer of licenses is permitted.
(d) "Nonprofit reuse or recycling program" means a 501(c) organization able to upgrade computer equipment at no or low cost to the school or nonprofit organization taking title to it.
(e) "Federal Executive Boards," as defined in 5 C.F.R. Part 960, are regional organizations of each Federal agency's highest local officials.
William J. Clinton.
§549a. Donation of personal property through nonprofit refurbishers
(a)
(b)
(1)
(A) the surplus computer or technology equipment is repairable; and
(B) the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Special Publication 800–88), or any successor thereto.
(2)
(3)
(A) make necessary repairs to restore the surplus computer or technology equipment to working order;
(B) distribute the repaired surplus computer or technology equipment to eligible recipients at no cost, except to the extent—
(i) necessary to facilitate shipping and handling of such equipment; and
(ii) that such cost is consistent with any regulations promulgated by the Administrator under subsection (d);
(C) offer training programs on the use of the repaired computers and technology equipment for the recipients of the equipment; and
(D) use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.
(c)
(1)
(A) including information about the distribution of such equipment; and
(B) which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran for the purposes of eligibility under this section.
(2)
(A) a description of the efforts of the Administrator under this section;
(B) a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2);
(C) a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and
(D) a list of donated and subsequently repaired surplus computer or technology equipment identifying—
(i) the Federal agency that donated the surplus computer or technology equipment;
(ii) the State and county (or similar unit of local government) where the recipient is located; and
(iii) whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran.
(3)
(d)
(1) allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equipment to facilitate shipping and handling of the surplus computer or technology equipment;
(2) determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States;
(3) establishing an efficient process for identifying eligible recipients; and
(4) determining appropriate recyclers to dispose of surplus computer or technology equipment if it cannot be repaired or refurbished under this section.
(e)
(f)
(g)
(1)
(2)
(3)
(4)
(A) any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education;
(B) in the case of an accredited institution of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and
(C) a home school (whether treated as a home school or private school for the purposes of applicable State law).
(5)
(6)
(7)
(8)
(A) are not part of a Federal, State, local, Tribal, or territorial government; and
(B) are nonprofit computer refurbishers or other industry participants that—
(i) primarily work to improve access to information and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and
(ii) operate in the United States.
(9)
(A) primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and
(B) operates in the United States.
(10)
(11)
(12)
(13)
(14)
(A) restricts the ability of the senior to perform normal daily tasks; or
(B) threatens the capacity of the senior to live independently.
(15)
(16)
(17)
(18)
(19)
(Added Pub. L. 117–328, div. Z, §103(a), Dec. 29, 2022, 136 Stat. 5524.)
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022.
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chapter 63 (§3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables.
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (g)(10), is classified to section 501 of Title 26, Internal Revenue Code.
Statutory Notes and Related Subsidiaries
Findings
Pub. L. 117–328, div. Z, §102, Dec. 29, 2022, 136 Stat. 5523, provided that: "Congress finds the following:
"(1) Access to computers and computer technology is indispensable for success in the 21st century. Millions of Americans do not regularly use a computer and research shows that substantial disparities remain in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens.
"(2) The COVID–19 pandemic has highlighted the gap between those with computer access and those without. Millions of students, their families, and workers from across the economy were unable to do schoolwork, work remotely from home, or connect to loved ones and their communities because of the digital divide.
"(3) Any Federal program that distributes surplus, repairable Federal computers or technology equipment would benefit from a partnership with a nonprofit organization whose mission is bridging the digital divide."
§550. Disposal of real property for certain purposes
(a)
(b)
(1)
(2)
(A) the Secretary of Education, for property transferred under subsection (c) for school, classroom, or other educational use;
(B) the Secretary of Health and Human Services, for property transferred under subsection (d) for use in the protection of public health, including research;
(C) the Secretary of the Interior, for property transferred under subsection (e) for public park or recreation area use;
(D) the Secretary of Housing and Urban Development, for property transferred under subsection (f) to provide housing or housing assistance for low-income individuals or families; and
(E) the Secretary of the Interior, for property transferred under subsection (h) for use as a historic monument for the benefit of the public.
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(3)
(e)
(1)
(2)
(3)
(4)
(A) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(B) may contain additional terms, reservations, restrictions, and conditions the Secretary of the Interior determines are necessary to safeguard the interests of the Government.
(f)
(1)
(2)
(3)
(A)
(i) subject to subparagraph (B), an individual or family receiving housing or housing assistance through use of the property shall contribute a significant amount of labor toward the construction, rehabilitation, or refurbishment; and
(ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices.
(B)
(4)
(A)
(B)
(g)
(1)
(2)
(3)
(h)
(1)
(A)
(B)
(2)
(A)
(i) determines that the activities are compatible with use of the property for historic monument purposes;
(ii) approves the grantee's plan for repair, rehabilitation, restoration, and maintenance of the property;
(iii) approves the grantee's plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and
(iv) examines and approves the accounting and financial procedures used by the grantee.
(B)
(C)
(3)
(A) shall provide that all of the property be used and maintained for historical monument purposes in perpetuity, and that if the property ceases to be used or maintained for historical monument purposes, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(B) may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to safeguard the interests of the Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1094; Pub. L. 113–287, §5(j)(2), Dec. 19, 2014, 128 Stat. 3269.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 550(a) | 40:484(k)(1)(D). | June 30, 1949, ch. 288, title II, §203(k), 63 Stat. 387; July 12, 1952, ch. 703, §1(j), 66 Stat. 593; June 3, 1955, ch. 130, §6(a), (c), 69 Stat. 84, 85; July 3, 1956, ch. 513, §2, 70 Stat. 494; Pub. L. 91–485, §2, Oct. 22, 1970, 84 Stat. 1084; Pub. L. 92–362, §1, Aug. 4, 1972, 86 Stat. 503; Pub. L. 94–519, §1(2), Oct. 17, 1976, 90 Stat. 2453; Pub. L. 103–82, title II, §202(f), Sept. 21, 1993, 107 Stat. 888; Pub. L. 105–50, §2, Oct. 6, 1997, 111 Stat. 1167. |
| 550(b) | 40:484(k)(4). | |
| 550(c) | 40:484(k)(1) (matter before (A) related to education), (A), (C) (related to education). | |
| 550(d) | 40:484(k)(1) (matter before (A) related to public health), (B), (C) (related to public health). | |
| 550(e) | 40:484(k)(2). | |
| 550(f) | 40:484(k)(6). | |
| 550(g) | 40:484(k)(5). | |
| 550(h) | 40:484(k)(3). |
In subsections (b)(2), (c), and (d), the words "Secretary of Education" and "Secretary of Health and Human Services" are substituted for "Secretary of Health, Education, and Welfare", as appropriate, because of sections 301(a)(2)(P) and (b), 507, and 509(b) of the Department of Education Organization Act (20:3441(a)(2)(P) and (b), 3507, and 3508(b)).
In subsection (b)(2), the words "the Surplus Property Act of 1944, as amended", and the text of 40:484(k)(4)(D), are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
In subsection (e), the definition of "States" is omitted as unnecessary because of 40:484(k)(1)(D), restated in subsection (a).
In subsection (e)(4), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(2)(C), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(2). In the revised section, the reference to 40:484(k)(2) is translated as "this subsection" to reflect the restatement of 40:484(k)(2) as subsection (e) of the revised section.
In subsection (h), the definition of "States", is omitted as unnecessary because of 40:484(k)(1)(D), restated in subsection (a).
In subsection (h)(1)(B), the words "National Park System Advisory Board" are substituted for "Advisory Board on National Parks, Historic Sites, Buildings and Monuments" because of the amendment of 16:463 by section 9 of the Act of August 18, 1970 (Public Law 91–383), as added by section 2 of the Act of October 7, 1976 (Public Law 94–458, 90 Stat. 1940).
In subsection (h)(2)(A), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(3)(A), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is translated as "this subsection" to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section. The words "or the Surplus Property Act of 1944, as amended" are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
In subsection (h)(3), the words "this subsection" are used to reflect the probable intent of Congress. In 40:484(k)(3)(B), the words "this subsection" should probably be "this paragraph", meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is translated as "this subsection" to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section.
Editorial Notes
References in Text
The National and Community Service Act of 1990, referred to in subsec.(g)(2), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, which is classified principally to chapter 129 (§12501 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12501 of Title 42 and Tables.
Amendments
2014—Subsec. (h)(1)(B). Pub. L. 113–287, §5(j)(2), substituted "section 102303 of title 54" for "section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act)".
§551. Donations to American Red Cross
The Administrator of General Services, in the Administrator's discretion and under regulations that the Administrator may prescribe, may donate to the American National Red Cross for charitable purposes property that the American National Red Cross processed, produced, or donated and that has been determined to be surplus property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 551 | 40:484(l). | June 30, 1949, ch. 288, title II, §203(l), as added Aug. 1, 1955, ch. 442, 69 Stat. 430. |
§552. Abandoned or unclaimed property on Government premises
(a)
(b)
(1) equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or
(2) if the property has been used or transferred, equal to the fair value of the property as of the time title vested in the Government less costs incident to care and handling as determined by the Administrator.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109–284, §6(3), Sept. 27, 2006, 120 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 552 | 40:484(m). | June 30, 1949, ch. 288, title II, §203(m), formerly §203(l), 63 Stat. 388; redesignated §203(m), Aug. 1, 1955, ch. 442, 69 Stat. 430. |
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–284 substituted "(a)
§553. Property for correctional facility, law enforcement, and emergency management response purposes
(a)
(b)
(1) the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved by the Attorney General for the care or rehabilitation of criminal offenders;
(2) the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or
(3) the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.
(c)
(d)
(1) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(2) may contain additional terms, reservations, restrictions, and conditions that the Administrator determines are necessary to safeguard the interests of the Government.
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub. L. 109–295, title VI, §612(c), Oct. 4, 2006, 120 Stat. 1410.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 553 | 40:484(p). | June 30, 1949, ch. 288, title II, §203(p), as added Pub. L. 98–473, title II, §701, Oct. 12, 1984, 98 Stat. 2129; Pub. L. 105–119, title I, §118, Nov. 26, 1997, 111 Stat. 2468; Pub. L. 106–113, §1000(a)(5) [§233(a)], Nov. 29, 1999, 113 Stat. 1501A–301; Pub. L. 106–168, title III, §301, Dec. 12, 1999, 113 Stat. 1821; Pub. L. 106–398, §1 [§2814], Oct. 30, 2000, 114 Stat. 1654A–419. |
In subsection (a), 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 (c), the text of 40:484(p)(1)(A) (last sentence) is omitted as executed and obsolete.
Editorial Notes
References in Text
The "Administrator", referred to in subsecs. (d)(2) and (e), is the Administrator of General Services.
Statutory Notes and Related Subsidiaries
Change of Name
"Administrator of the Federal Emergency Management Agency" substituted for "Director of the Federal Emergency Management Agency" in subsec. (b)(3) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.
Transfer of Functions
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
§554. Property for development or operation of a port facility
(a)
(1)
(2)
(b)
(c)
(1)
(2)
(A) determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption;
(B) received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and
(C) transmitted to Congress an explanatory statement that contains information substantially similar to the information contained in statements prepared under section 545(e) of this title.
(d)
(e)
(1) provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(2) contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government.
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1100; Pub. L. 109–163, div. A, title X, §1056(a)(5)(A), Jan. 6, 2006, 119 Stat. 3439; Pub. L. 109–284, §6(4), Sept. 27, 2006, 120 Stat. 1212.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 554 | 40:484(q). | June 30, 1949, ch. 288, title II, §203(q), as added Pub. L. 103–160, div. B, title XXIX, §2927(2), Nov. 30, 1993, 107 Stat. 1933. |
In subsection (a), 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.
Editorial Notes
Amendments
2006—Subsec. (a)(1). Pub. L. 109–163 substituted "has the meaning given that term in section 101(a)(17) of title 10." for "means the following:
"(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
"(B) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note).
"(C) Section 2687 of title 10."
Subsec. (c). Pub. L. 109–284 substituted "
§555. Donation of law enforcement canines to handlers
The head of a federal agency having control of a canine that has been used by a federal agency in the performance of law enforcement duties and that has been determined by the agency to be no longer needed for official purposes may donate the canine to an individual who has experience handling canines in the performance of those duties.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 555 | 40:484(r). | June 30, 1949, ch. 288, title II, §203(r), as added Pub. L. 105–27, §1, July 18, 1997, 111 Stat. 244. |
§556. Disposal of dredge vessels
(a)
(b)
(1) through sale or lease to—
(A) a foreign government as part of a Corps of Engineers technical assistance program;
(B) a federal or state maritime academy for training purposes; or
(C) a non-federal public body for scientific, educational, or cultural purposes; or
(2) through sale solely for scrap to foreign or domestic interests.
(c)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 556 | 40:483d. | Pub. L. 99–662, title IX, §945, Nov. 17, 1986, 100 Stat. 4200. |
In subsection (a), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity. The words "Secretary of the Army" are substituted for "Secretary" because of section 2 of the Water Resources Development Act of 1986 (33:2201).
In subsection (d), the words "U.S. Army Corps of Engineers" are substituted for "Corps of Engineers" for clarity.
1 So in original. Probably should be "Appropriations".
§557. Donation of books to Free Public Library
Subject to regulations under this subtitle, a book that is no longer needed by an executive department, bureau, or commission of the Federal Government, and that is not an advisable addition to the Library of Congress, shall be turned over to the Free Public Library of the District of Columbia for general use if the book is appropriate for the Free Public Library.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 557 | 40:484–1. | Feb. 25, 1903, ch. 755, §1 (7th par. on p. 865), 32 Stat. 865; Oct. 31, 1951, ch. 654, §2(1), 65 Stat. 706. |
§558. Donation of forfeited vessels
(a)
(b)
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c)
(1)
(2)
(3)
(4)
(5)
(6)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 558 | 40:484d. | Pub. L. 99–640, §13(a)–(c), Nov. 10, 1986, 100 Stat. 3551. |
In subsection (b), the words "all of" are inserted for clarity.
§559. Advice of Attorney General with respect to antitrust law
(a)
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).
(b)
(1)
(2)
(A) real property, if the estimated fair market value is less than $3,000,000; or
(B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000.
(c)
(1)
(2)
(d)
(e)
(1) give advice required by this section; or
(2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law.
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 559 | 40:488. | June 30, 1949, ch. 288, title II, §207, 63 Stat. 391; Pub. L. 85–680, Aug. 19, 1958, 72 Stat. 631; Pub. L. 100–612, §7, Nov. 5, 1988, 102 Stat. 3182. |
In subsection (e), the words "the head of an executive agency" are substituted for "the Administrator or any other executive agency", the words "or cause to be furnished" are omitted, and the words "information the agency possesses" are substituted for "such information as the Administrator or such other executive agency may possess", to eliminate unnecessary words.
Editorial Notes
References in Text
The Sherman Act, referred to in subsec. (a)(1), is act July 2, 1890, ch. 647, 26 Stat. 209, which is classified to sections 1 to 7 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 1 of Title 15 and Tables.
The Clayton Act, referred to in subsec. (a)(2), is act Oct. 15, 1914, ch. 323, 38 Stat. 730, which is classified generally to sections 12, 13, 14 to 19, 21, 22 to 27 of Title 15, Commerce and Trade, and sections 52 and 53 of Title 29, Labor. For further details and complete classification of this Act to the Code, see note set out under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§41 et seq.) of chapter 2 of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see section 58 of Title 15 and Tables.
SUBCHAPTER IV—PROCEEDS FROM SALE OR TRANSFER
§571. General rules for deposit and use of proceeds
(a)
(1)
(2)
(A) transfer of excess property to a federal agency for agency use; or
(B) sale, lease, or other disposition of surplus property.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1104; Pub. L. 114–287, §20(a), Dec. 16, 2016, 130 Stat. 1477; Pub. L. 114–318, §7(c)(1), Dec. 16, 2016, 130 Stat. 1616.)
Amendment of Section
Pub. L. 114–287, §20, Dec. 16, 2016, 130 Stat. 1477, which Act is set out as a note under section 1303 of this title, provided that, effective upon the termination of the Public Buildings Reform Board pursuant to section 10 of Pub. L. 114–287 and not applicable to proceeds from transactions conducted under section 14 of Pub. L. 114–287, this section is amended by striking subsections (a) and (b) and inserting the following:
(a)
(1)
(2)
(3)
(b)
(c)
(1) transfer of excess real property to a Federal agency for agency use; or
(2) sale, lease, or other disposition of surplus real property.
Pub. L. 114–318, §7(c), Dec. 16, 2016, 130 Stat. 1616, provided that, effective as if enacted as part of Pub. L. 114–287, this section is amended by adding at the end the following:
(d)
See 2016 Amendment notes below.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 571(a) | 40:485(a). | June 30, 1949, ch. 288, title II, §204(a), 63 Stat. 388; Pub. L. 101–510, div. B, title XXVIII, §2805(1), Nov. 5, 1990, 104 Stat. 1786. |
| 571(b) | 40:485a. | June 8, 1896, ch. 373, 29 Stat. 268; Oct. 31, 1951, ch. 654, §2(20), 65 Stat. 707; Pub. L. 104–316, title I, §120(a), Oct. 19, 1996, 110 Stat. 3836. |
In subsection (b), the words "whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law" are substituted for "either as miscellaneous receipts on account of 'proceeds of Government property' or to the credit of the appropriations to which such proceeds are by law authorized to be made . . . either as miscellaneous receipts or to the credit of such appropriations, as the case may be" to eliminate unnecessary words.
Editorial Notes
Amendments
2016—Subsecs. (a) to (c). Pub. L. 114–287 added subsecs. (a) to (c) and struck out former subsecs. (a) and (b) which related to deposit in the Treasury as miscellaneous receipts of net proceeds from transfer or other disposition of surplus property and payment of expenses of sale before deposit.
Subsec. (d). Pub. L. 114–318 added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
Pub. L. 114–318, §7(c)(2), Dec. 16, 2016, 130 Stat. 1617, provided that: "The amendments made by this subsection [amending this section] shall take effect as if enacted as part of the applicable Act [Pub. L. 114–287]."
Pub. L. 114–318, §7(e), Dec. 16, 2016, 130 Stat. 1617, provided that: "Except as provided in subsection (c)(2) [set out above], this section [amending this section and provisions set out as a note under section 1303 of this title] and the amendments made by this section shall take effect immediately after the enactment of the applicable Act [Pub. L. 114–287]."
Amendment by Pub. L. 114–287 effective upon the termination of the Public Buildings Reform Board pursuant to section 10 of Pub. L. 114–287 and not applicable to proceeds from transactions conducted under section 14 of Pub. L. 114–287, see section 20(b) of Pub. L. 114–287, set out in a note under section 1303 of this title.
§572. Real property
(a)
(1)
(2)
(A)
(i) Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions.
(ii) Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation.
(iii) Advertising and surveying.
(B)
(i)
(ii)
(C)
(3)
(4)
(b)
(1)
(A)
(B)
(2)
(A)
(B)
(i) damaged or deteriorated military family housing facilities conveyed under section 2854a of title 10; or
(ii) property at a military installation designated for closure or realignment pursuant to a base closure law.
(3)
(4)
(5)
(A)
(B)
(i) In the case of property located at a military installation that is closed, the amount is available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over the property before the closure of the military installation.
(ii) In the case of property located at any other military installation—
(I) 50 percent of the amount is available for facility maintenance and repair or environmental restoration at the military installation where the property was located before it was disposed of or transferred; and
(II) 50 percent of the amount is available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred.
(6)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1105; Pub. L. 108–447, div. H, title IV, §408, Dec. 8, 2004, 118 Stat. 3258; Pub. L. 109–13, div. A, title VI, §6068, May 11, 2005, 119 Stat. 299; Pub. L. 109–163, div. A, title X, §1056(a)(5)(B), Jan. 6, 2006, 119 Stat. 3439.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 572(a) | 40:485(b). | June 30, 1949, ch. 288, title II, §204(b), as added Aug. 31, 1954, ch. 1178, §1(b), 68 Stat. 1051; Pub. L. 86–215, Sept. 1, 1959, 73 Stat. 446; Pub. L. 100–612, §6, Nov. 5, 1988, 102 Stat. 3181; Pub. L. 101–510, div. B, title XXVIII, §2805(2), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 107–107, §2812, Dec. 28, 2001, 115 Stat. 1307. |
| 572(b) | 40:485(h). | June 30, 1949, ch. 288, title II, §204(h), as added Pub. L. 101–510, div. B, title XXVIII, §2805(3), Nov. 5, 1990, 104 Stat. 1786; Pub. L. 104–106, div. A, title XV, §1502(f)(7), div. B, title XXVIII, §2818(b), Feb. 10, 1996, 110 Stat. 510, 555; Pub. L. 106–65, title X, §1067(18), Oct. 5, 1999, 113 Stat. 775; Pub. L. 107–107, §2812, Dec. 28, 2001, 115 Stat. 1307. |
In subsection (b)(4), the words "section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g))" are omitted because 50 App.:1622(g) has been repealed.
Editorial Notes
References in Text
Section 2687(e)(1) of title 10, referred to in subsec. (b)(1)(A), was redesignated as section 2687(g)(1) by Pub. L. 112–239, div. B, title XXVII, §2712(a)(1), Jan. 2, 2013, 126 Stat. 2144.
Amendments
2006—Subsec. (b)(1)(B). Pub. L. 109–163 substituted "section 101(a)(17) of title 10" for "section 2667(h)(2) of title 10".
2005—Subsec. (a)(2)(A)(ii). Pub. L. 109–13 made technical correction to directory language of Pub. L. 108–447, §408. See 2004 Amendment note below.
2004—Subsec. (a)(2)(A)(ii). Pub. L. 108–447, §408, as amended by Pub. L. 109–13, inserted ", highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation" before period at end.
1 See References in Text note below.
§573. Personal property
The Administrator of General Services may retain from the proceeds of sales of personal property the Administrator conducts amounts necessary to recover, to the extent practicable, costs the Administrator (or the Administrator's agent) incurs in conducting the sales. The Administrator shall deposit amounts retained into the Acquisition Services Fund established under section 321(a) of this title. From the amounts deposited, the Administrator may pay direct costs and reasonably related indirect costs incurred in conducting sales of personal property. At least once each year, amounts retained that are not needed to pay the direct and indirect costs shall be transferred from the Acquisition Services Fund to the general fund or another appropriate account in the Treasury.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1107; Pub. L. 109–313, §3(h)(4), Oct. 6, 2006, 120 Stat. 1736.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 573 | 40:485(i). | June 30, 1949, ch. 288, title II, §204(i), as added Pub. L. 103–123, title IV, §7, Oct. 28, 1993, 107 Stat. 1247. |
Editorial Notes
Amendments
2006—Pub. L. 109–313 substituted "Acquisition Services Fund" for "General Supply Fund" in two places.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
§574. Other rules regarding proceeds
(a)
(1)
(A) not appropriated from the general fund of the Treasury; or
(B) appropriated from the general fund of the Treasury but by law reimbursable from assessment, tax, or other revenue or receipts.
(2)
(A) credited to the applicable reimbursable fund or appropriation; or
(B) paid to the federal agency that determined the property to be excess.
(3)
(4)
(b)
(1)
(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and
(B) payments for breach of warranty.
(2)
(c)
(d)
(e)
(1) shall administer and manage the credit, lease, or permit, and any security for the credit, lease, or permit; and
(2) may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1107.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 574(a) | 40:485(c). | June 30, 1949, ch. 288, title II, §204(c)–(g), formerly §204(b)–(f), 63 Stat. 389; redesignated §204(c)–(g), Aug. 31, 1954, ch. 1178, §1(a), 68 Stat. 1051; Pub. L. 96–41, §3(d), July 30, 1979, 93 Stat. 325. |
| 574(b) | 40:485(d). | |
| 574(c) | 40:485(e). | |
| 574(d) | 40:485(f). | |
| 574(e) | 40:485(g). |
In subsection (b)(1), the words "in the Treasury" are substituted for "with the Treasurer of the United States" because of section 1 of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat. 1280), restated as 31:321.
In subsection (e), the words "or by War Assets Administration (or its predecessor agencies) under the Surplus Property Act of 1944" are omitted because the War Assets Administration was abolished and its functions were transferred to the General Services Administration by section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381).
Executive Documents
Delegation of Functions
Functions of President under subsec. (f) of section 485 of former Title 40, Public Buildings, Property, and Works (which was repealed and reenacted as subsec. (d) of this section by Pub. L. 107–217, §§1, 6(b), Aug. 21, 2002, 116 Stat. 1062, 1304), delegated to Secretary of Defense, see section 3 of Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, set out as a note under section 98 of Title 50, War and National Defense.
SUBCHAPTER V—OPERATION OF BUILDINGS AND RELATED ACTIVITIES
§581. General authority of Administrator of General Services
[(a) Repealed. Pub. L. 107–296, title XVII, §1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.]
(b)
(1) employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and
(2) purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing.
(c)
(1)
(2)
(3)
(4)
(A) set forth the circumstances that make the repair, alteration, or improvement advantageous; and
(B) show that the total cost (rental, repair, alteration, and improvement) for the expected life of the lease is less than the cost of alternative space not needing repair, alteration, or improvement.
(5)
(6)
(d)
(1)
(2)
(A) the lessee is—
(i) the former owner from whom the Government acquired the property; or
(ii) the former owner's tenant in possession; and
(B) the lease is negotiated incident to or in connection with the acquisition of the property.
(3)
(e)
(1) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;
(2) providing Government-owned and leased space for personnel and parking;
(3) paying overtime to guard and custodial forces;
(4) erecting and removing stands and platforms;
(5) providing and operating first-aid stations;
(6) providing furniture and equipment; and
(7) providing other incidental services in the discretion of the Administrator.
(f)
(1) provide utilities and services, if the utilities and services are not provided by other sources, to a person, firm, or corporation occupying or using a plant or portion of a plant that constitutes—
(A) any part of the Defense Industrial Reserve pursuant to section 4881 of title 10; or
(B) surplus real property; and
(2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of the Administration.
(g)
(1) obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities furnished, on a reimbursable basis, to a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia; and
(2) credit the payments to the applicable appropriation of the Administration.
(h)
(1)
(2)
(3)
(4)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1108; Pub. L. 107–296, title XVII, §1706(a), Nov. 25, 2002, 116 Stat. 2316; Pub. L. 109–284, §6(5), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 117–81, div. A, title XVII, §1702(g)(2), Dec. 27, 2021, 135 Stat. 2158.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 581 | 40:490(a). | June 30, 1949, ch. 288, title II, §210(a), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 580; Pub. L. 85–886, §1, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 89–276, Oct. 20, 1965, 79 Stat. 1010; Pub. L. 90–626, Oct. 22, 1968, 82 Stat. 1319; Pub. L. 94–541, title I, §104(a), Oct. 18, 1976, 90 Stat. 2506; Pub. L. 104–201, title VIII, §823, Sept. 23, 1996, 110 Stat. 2609; Pub. L. 104–316, title I, §120(b), Oct. 19, 1996, 110 Stat. 3836. |
In this section, 40:490(a)(7) is omitted as obsolete because the pneumatic tube system referred to in the provision is no longer used or maintained and 40:490(a)(9) is omitted as obsolete because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been repealed.
In subsection (c)(3) and (4), the words "without regard to the provisions of section 278a of this title" and "which on June 30, 1950, was specifically exempted by law from the requirements of said section" (in 40:490(a)(5)), and the words "without regard to the 25 per centum limitation of section 278a of this title" and "without reference to such limitation" (in 40:490(a)(8)), respectively, are omitted as obsolete because 40:278a was repealed by section 7 of the Public Buildings Amendments of 1988 (Public Law 100–678, 40:278a).
In subsection (c)(5), the words "Defense Industrial Reserve" are substituted for "National Industrial Reserve" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).
In subsection (d)(3), the words "Federal Buildings Fund" are substituted for "Buildings Management Fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).
In subsection (e), before clause (1), the words "section 501 of title 36" are substituted for "the Act of August 6, 1965, 70 Stat 1049" in section 210(a)(15) of the Federal Property and Administrative Services Act of 1949 because of section 5(b) of the Act of August 12, 1998 (Public Law 105–225, 112 Stat. 1499), the first section of which enacted Title 36, United States Code. In clause (1), the words "chapters 33 and 51 and subchapter III of chapter 53 of title 5" are substituted for "the civil service and classification laws" because of section 7(b) of the Act of September 6, 1966 (Public Law 89–554, 80 Stat. 631), the first section of which enacted Title 5, United States Code.
In subsection (f)(1)(A), the words "Defense Industrial Reserve pursuant to section 2535 of title 10" are substituted for "National Industrial Reserve pursuant to the National Industrial Reserve Act of 1948 [50 U.S.C. 451 et seq.]" because the National Industrial Reserve Act was renamed the Defense Industrial Reserve Act by section 809 of the Department of Defense Appropriation Authorization Act, 1974 (Public Law 93–155, 87 Stat. 617), and transferred to 10:2535 by section 4235 of the Defense Conversion, Reinvestment and Transition Assistance Act of 1992, which was included as Division D in the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484, title XLII, 106 Stat. 2690).
In subsection (g)(1), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(a)(6) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
Editorial Notes
Amendments
2021—Subsec. (f)(1)(A). Pub. L. 117–81 substituted "section 4881" for "section 2535".
2006—Subsec. (b). Pub. L. 109–284 substituted "The Administrator of General Services may—" for "The Administrator may—" in introductory provisions.
2002—Subsec. (a). Pub. L. 107–296, §1706(a)(1), struck out subsec. (a) which read as follows: "
Subsec. (b). Pub. L. 107–296, §1706(a)(2), in par. (1), inserted "and" at end, in par. (2), substituted a period for "; and" at end, and struck out par. (3) which read as follows: "furnish arms and ammunition for the protection force the Administration maintains."
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Federal Buildings Personnel Training
Pub. L. 111–308, Dec. 14, 2010, 124 Stat. 3283, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Federal Buildings Personnel Training Act of 2010'.
"SEC. 2. TRAINING OF FEDERAL BUILDING PERSONNEL.
"(a)
"(b)
"(c)
"(d)
"(e)
"(f)
Executive Documents
Facilitating Access to Federal Property for Siting of Mobile Services Antennas
Memorandum of President of the United States, Aug. 10, 1995, 60 F.R. 42023, provided:
Memorandum for the Heads of Departments and Agencies
Recent advancements in mobile telecommunications technology present an opportunity for the rapid construction of the Nation's wireless communications infrastructure. As a matter of policy, the Federal Government shall encourage the efficient and timely implementation of such new technologies and the concomitant infrastructure buildout as a means of stimulating economic growth and creating new jobs. The recent auctioning and impending licensing of radio frequencies for mobile personal communications services presents the Federal Government with the opportunity to foster new technologies and to encourage the development of communications infrastructure by making Federal property available for the siting of mobile services antennas.
Therefore, to the extent permitted by law, I hereby direct the Administrator of General Services, within 90 days, in consultation with the Secretaries of Agriculture, Interior, Defense, and the heads of such other agencies as the Administrator may determine, to develop procedures necessary to facilitate appropriate access to Federal property for the siting of mobile services antennas.
The procedures should be developed in accordance with the following:
1. (a) Upon request, and to the extent permitted by law and where practicable, executive departments and agencies shall make available Federal Government buildings and lands for the siting of mobile service antennas. This should be done in accordance with Federal, State, and local laws and regulations, and consistent with national security concerns (including minimizing mutual electromagnetic interactions), public health and safety concerns, environmental and aesthetic concerns, preservation of historic buildings and monuments, protection of natural and cultural resources, protection of national park and wilderness values, protection of National Wildlife Refuge systems, and subject to any Federal requirements promulgated by the agency managing the facility and the Federal Communications Commission, the Federal Aviation Administration, National Telecommunications and Information Administration, and other relevant departments and agencies.
(b) Antennas on Federal buildings or land may not contain any advertising.
(c) Federal property does not include lands held by the United States in trust for individual or Native American tribal governments.
(d) Agencies shall retain discretion to reject inappropriate siting requests, and assure adequate protection of public property and timely removal of equipment and structures at the end of service.
2. All procedures and mechanisms adopted regarding access to Federal property shall be clear and simple so as to facilitate the efficient and rapid buildout of the national wireless communications infrastructure.
3. Unless otherwise prohibited by or inconsistent with Federal law, agencies shall charge fees based on market value for siting antennas on Federal property, and may use competitive procedures if not all applicants can be accommodated.
This memorandum does not give the siting of mobile services antennas priority over other authorized uses of Federal buildings or land.
All independent regulatory commissions and agencies are requested to comply with the provisions of this memorandum.
This memorandum is not intended to create any right, benefit or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies or instrumentalities, its officers, or any other person.
This memorandum shall be published in the Federal Register.
William J. Clinton.
§582. Management of buildings by Administrator of General Services
(a)
(b)
(1)
(2)
(3)
(4)
(5)
(A) located in the same vicinity;
(B) used wholly or predominantly for the special purposes of the agency with custody of the buildings; and
(C) not generally suitable for use by another agency.
(6)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1110.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 582(a) | 40:490(b). | June 30, 1949, ch. 288, title II, §210(b), (d), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 581, 582; Pub. L. 100–418, title V, §5115(c), Aug. 23, 1988, 102 Stat. 1433. |
| 582(b) | 40:490(d). |
In subsection (a), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency in the subsection and with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(b) of the Federal Property and Administrative Services Act of 1949, because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
In subsection (b), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) 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, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
§583. Construction of buildings
(a)
(1) acquire land for a building or project authorized by Congress;
(2) make or cause to be made (under contract or otherwise) surveys and test borings and prepare plans and specifications for a building or project prior to the Attorney General's approval of the title to the site; and
(3) contract for, and supervise, the construction, development, and equipping of a building or project.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1111.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 583 | 40:490(c). | June 30, 1949, ch. 288, title II, §210(c), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 582. |
In subsection (a), the words "mixed-ownership Government corporation" are substituted for "mixed-ownership corporation" for consistency in the subsection and with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 210(c) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
In subsection (b), the words "salaries and expenses for preparing plans and specifications and for field supervision" are substituted for "salaries and expenses of personnel engaged in the preparation of plans and specifications or in field supervision, and for general office expenses to be incurred in the rendition of any such service" to eliminate unnecessary words.
§584. Assignment and reassignment of space
(a)
(1)
(2)
(A) in accordance with policies and directives the President prescribes under section 121(a) of this title;
(B) after consultation with the head of the executive agency affected; and
(C) on a determination by the Administrator that the assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security.
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1112.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 584 | 40:490(e). | June 30, 1949, ch. 288, title II, §210(e), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 582; Pub. L. 94–541, title I, §104(b), Oct. 18, 1976, 90 Stat. 2506. |
Executive Documents
Ex. Ord. No. 12411. Government Work Space Management Reforms
Ex. Ord. No. 12411, Mar. 29, 1983, 48 F.R. 13391, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 486 of Title 40 of the United States Code [now 40 U.S.C. 121], in order to institute fundamental changes in the manner in which Federal work space is managed to ensure its efficient utilization, it is hereby ordered as follows:
(a) Establish programs to reduce the amount of work space, used or held, to that amount which is essential for known agency missions;
(b) Produce and maintain a total inventory of work space and related furnishings and declare excess to the Administrator of General Services all such holdings that are not necessary to satisfy existing or known and verified planned programs;
(c) Ensure that the amount of office space used by each employee of the agency, or others using agency-controlled space, is held to the minimum necessary to accomplish the task that must be performed;
(d) Manage the furniture, equipment, decoration, drapes, carpeting, plants and other accoutrements so that the use of all furnishings by the agency reflects a judicious employment of public moneys;
(e) Consider, in making decisions concerning the use, acquisition, or disposal of work space and related furnishings, the effects of its actions on costs incurred by other Federal agencies;
(f) Report all vacant work space retained for future Federal uses to the Administrator of General Services so that it may be made available for the temporary use of other Federal agencies, to the extent consistent with national defense requirements;
(g) Establish a work space management plan to meet the provisions of this Order, including specification of the goals to be achieved and actions to be taken by the agency in order to improve its utilization of all work space and related furnishings; and
(h) Establish information systems, implement inventory controls and conduct surveys, in accordance with procedures established by the Administrator of General Services, so that a government-wide reporting system may be developed.
Ronald Reagan.
§585. Lease agreements
(a)
(1)
(2)
(b)
(1)
(A) determines that an unexpired portion of a lease of space to the Government is surplus property; and
(B) disposes of the property by sublease.
(2)
(c)
(d) Any bargain-price option to purchase at less than fair market value contained in any lease agreement entered into on or after January 1, 2021, pursuant to this section may be exercised only to the extent specifically provided for in subsequent appropriation Acts or other Acts of Congress.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1112; Pub. L. 117–257, §1, Dec. 21, 2022, 136 Stat. 2371.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 585(a) | 40:490(h)(1). | June 30, 1949, ch. 288, title II, §210(h)(1), as added Pub. L. 85–493, §1, July 2, 1958, 72 Stat. 294; Pub. L. 86–249, §12(e), formerly §12(d), Sept. 9, 1959, 73 Stat. 482; redesignated §12(e), Pub. L. 94–541, title I, §103(3) (related to §12(e)), Oct. 18, 1976, 90 Stat. 2506. |
| 40:490e. | Pub. L. 101–136, title IV, §22, Nov. 3, 1989, 103 Stat. 807. | |
| 585(b) | 40:490(h)(2). | June 30, 1949, ch. 288, title II, §210(h)(2), as added Pub. L. 85–493, §1, July 2, 1958, 72 Stat. 294. |
| 585(c) | 40:490d. | Pub. L. 101–136, title IV, §5, Nov. 3, 1989, 103 Stat. 802. |
In subsection (b)(2), the words "Federal Buildings Fund" are substituted for "buildings management fund" because the fund established under 40:490(f)(1) is the Federal Buildings Fund and unexpended balances in the Buildings Management Fund were merged into the Federal Buildings Fund under 40:490(f)(3).
Editorial Notes
Amendments
2022—Subsec. (d). Pub. L. 117–257 added subsec. (d).
Statutory Notes and Related Subsidiaries
Secure Federal Leases from Espionage And Suspicious Entanglements
Pub. L. 116–276, Dec. 31, 2020, 134 Stat. 3362, provided that:
"SECTION 1. SHORT TITLE; FINDINGS.
"(a)
"(b)
"(1) the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords;
"(2) the General Services Administration collects highest-level and immediate ownership information through the System for Award Management, but it is not currently required to collect beneficial ownership information and lacks an adequate system for doing so;
"(3) the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either through foreign-incorporated legal entities or through ownership in United States-incorporated legal entities, even when the leased space is used for classified operations or to store sensitive data; and
"(4) according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, 'leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(A)
"(i) exercises control over the covered entity; or
"(ii) has a substantial interest in or receives substantial economic benefits from the assets of the covered entity.
"(B)
"(i) a minor child;
"(ii) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;
"(iii) a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person;
"(iv) a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or
"(v) a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A).
"(C)
"(2)
"(A) having the authority or ability to determine how a covered entity is utilized; or
"(B) having some decision-making power for the use of a covered entity.
"(3)
"(A) a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or
"(B) any governmental entity or instrumentality of a government.
"(4)
"(5)
"(6)
"(A) means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and
"(B) does not include the head of an element of the intelligence community.
"(7)
"(A) means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency; and
"(B) does not include an element of the intelligence community.
"(8)
"(9)
"(10)
"(A) will be occupied by Federal employees for nonmilitary activities; and
"(B) has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Department of Homeland Security, and the General Services Administration.
"(11)
"(12)
"(13)
"(14)
"(15)
"(A) is a citizen of the United States; or
"(B) is an alien lawfully admitted for permanent residence in the United States.
"(16)
"SEC. 3. DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR FEDERAL AGENCIES.
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) the list of immediate or highest-level owners of the covered entity during the preceding 1-year period of Federal occupancy; or
"(B) the information required to be provided relating to each such immediate or highest-level owner.
"SEC. 4. IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS.
"(a)
"(b)
"(1)
"(A) Name.
"(B) Current residential or business street address.
"(C) An identifying number or document that verifies identity as a United States person, foreign person, or foreign entity.
"(2) Disclosures and notifications.—The plan described in subsection (a) shall—
"(A) require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person;
"(B) require that, if the Federal lessee is assigning the building or other improvement that will be used for high-security space to a Federal tenant, the Federal tenant shall be notified of the disclosure described in subparagraph (A); and
"(C) exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, trusts, or other pooled-investment vehicles.
"(c)
"(1) not later than 1 year after the date of enactment of this Act [Dec. 31, 2020], submit the plan described in subsection (a) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives;
"(2) not later than 2 years after the date of enactment of this Act, implement the plan described in subsection (a); and
"(3) not later than 1 year after the implementation of the plan described in subsection (a), and each year thereafter for 9 years, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the implementation of the plan, including the number of disclosures made under subsection (b)(2).
"SEC. 5. OTHER SECURITY AGREEMENTS FOR LEASED SPACE.
"A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that—
"(1) the covered entity and any member of the property management company who may be responsible for oversight or maintenance of the high-security leased space shall not—
"(A) maintain access to the high-security leased space; or
"(B) have access to the high-security leased space without prior approval from the Federal tenant;
"(2) access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Federal tenant determines that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and
"(3) the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property.
"SEC. 6. AGENCY NOTIFICATIONS.
"Not later than 60 days after the date of enactment of this Act [Dec. 31, 2020], the Administrator of General Services, in consultation with the Office of Management and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act.
"SEC. 7. APPLICABILITY.
"Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act."
Lease of Building Space by Wholly Owned Government Corporations
Act July 30, 1947, ch. 358, title III, §306, 61 Stat. 584, provided in part that: "Wholly owned Government corporations requiring space in office buildings at the seat of government shall occupy only such space as may be allotted in accordance with the provisions of such Act of March 1, 1919, as amended [ch. 86, §10, 40 Stat. 1269] ([former] 40 U.S.C. 1), and shall pay such rental thereon as may be determined by the Federal Works Administrator [Administrator of General Services], such rental to include all cost of maintenance, upkeep, and repair."
§586. Charges for space and services
(a)
(b)
(1)
(2)
(3)
(c)
(1)
(2)
(d)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 586(a), (b) | 40:490(j). | June 30, 1949, ch. 288, title II, §210(j), (k), as added Pub. L. 92–313, §4, June 16, 1972, 86 Stat. 219. |
| 586(c) | 40:490(k). | |
| 586(d) | 40:490f. | Pub. L. 102–393, title IV, §5, Oct. 6, 1992, 106 Stat. 1750. |
In subsection (b)(3), the words "Federal Buildings Fund" are substituted for "the fund" for clarity and to execute the probable intent of Congress. Sections 3 and 4 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 218) added subsection (j) of 40:490 (in which the words "the fund" appear) and amended subsection (f) to create a fund into which "charges made pursuant to subsection (j)" are deposited (40:490(f)(1)(A)). That fund was subsequently named "Federal Buildings Fund" by section 153(1) of the Energy Policy Act of 1992 (Public Law 102–486, 106 Stat. 2851). If an exemption from charges is granted under 40:490(j), "the fund" that suffers the loss of revenue is the Federal Buildings Fund.
In subsection (d), the words "on and after October 6, 1992" are omitted as obsolete. The words "subsection (b)" are substituted for "section 201(j) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 490(j))" in section 5(a) of the Independent Agencies Appropriations Act, 1993, to reflect the probable intent of Congress. Section 201 of the Federal Property and Administrative Services Act of 1949 does not contain a subsection (j) and the intended reference was probably "section 210(j)", which is restated in this section. The text of 40:490f(b) is omitted as executed.
§587. Telecommuting and other alternative workplace arrangements
(a)
(b)
(1)
(2)
(3)
(4)
(A) deposit user fees into the Federal Buildings Fund and use the fees to pay costs incurred in establishing and operating the telecommuting center; and
(B) accept and retain income received by the General Services Administration, from federal agencies and non-federal sources, to defray costs directly associated with the functions of telecommuting centers.
(c)
(1)
(2)
(3)
(d)
(1)
(2)
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Housing and Urban Development.
(H) Department of the Interior.
(I) Department of Justice.
(J) Department of Labor.
(K) Department of State.
(L) Department of Transportation.
(M) Department of the Treasury.
(N) Department of Veterans Affairs.
(O) Environmental Protection Agency.
(P) General Services Administration.
(Q) Office of Personnel Management.
(R) Small Business Administration.
(S) Social Security Administration.
(T) United States Postal Service.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1113.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 587(a), (b)(1)– (4)(A) | 40:490(l)(1)–(3). | June 30, 1949, ch. 288, title II, §210(l), as added Pub. L. 104–208, div. A, title I, §101(f) [title IV, §407(a)], Sept. 30, 1996, 110 Stat. 3009–337. |
| 587(b)(4)(B) | 40:490h. | Pub. L. 104–52, title IV, §5, Nov. 19, 1995, 109 Stat. 486. |
| 587(c)(1) | 40:490(l)(4) (words after 3d comma). | |
| 587(c)(2) | 40:490(l)(5). | |
| 587(c)(3) | 40:490(l)(4) (words before 3d comma). | |
| 587(d) | 40:490 note. | Pub. L. 105–277, div A, §101(h) [title VI, §630], Oct. 21, 1998, 112 Stat. 2681–522. |
§588. Movement and supply of office furniture
(a)
(b)
(c)
(d)
(e)
(f)
(1)
(2)
(A)
(B)
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1115.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 588 | 40:490(g). | June 30, 1949, ch. 288, title II, §210(g), as added Sept. 1, 1954, ch. 1211, §3, 68 Stat. 1129. |
In subsection (f)(2), the reimbursement requirement in 40:490(g) (last sentence) is set out as an exception to a general "without reimbursement" rule in 40:490(g) (3d sentence) to harmonize an inconsistency in the source law.
§589. Installation, repair, and replacement of sidewalks
(a)
(1) under the agency's control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States.
(b)
(1) reimbursement to a State or political subdivision of a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States; or
(2) a means other than reimbursement.
(c)
(d)
(e)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 589 | 40:490(i). | June 30, 1949, ch. 288, title II, §210(i), as added Pub. L. 89–344, Nov. 8, 1965, 79 Stat. 1304. |
In subsections (a) and (b), the words "territory or" are added for consistency in the revised title and with other titles of the United States Code.
In subsection (c), the words "Director of the Office of Management and Budget" are substituted for "Director of the Bureau of the Budget" in section 210(i) 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, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget.
In subsection (e), the words "beyond such liability presently existing by virtue of any other law" are omitted as unnecessary.
§590. Child care
(a)
(b)
(1)
(A)
(B)
(2)
(A) the child care provider applies to the allotment officer in the community or district in which child care services are to be provided;
(B) the space is available; and
(C) the allotment officer determines that—
(i) the space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian employed by the Government; and
(ii) the child care provider will give priority to federal employees for available child care services in the space.
(c)
(1)
(2)
(3)
(d)
(1) pay accreditation fees, including renewal fees, for the child care facility to be accredited by a nationally recognized early-childhood professional organization;
(2) pay travel and per diem expenses for representatives of the child care facility to attend the annual Administration child care conference; and
(3) enter into a consortium with one or more private entities under which the private entities assist in defraying costs associated with the salaries and benefits for personnel providing services at the facility.
(e)
(f)
(1)
(2)
(3)
(g)
(1)
(2)
(3)
(4)
(5)
(6)
(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representatives in accordance with regulations promulgated by the Committee on House Administration; and
(B) amounts may be made available to implement this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate.
(7)
(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and
(B) amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116; Pub. L. 108–271, §8(b), July 7, 2004, 118 Stat. 814; Pub. L. 117–328, div. I, title I, §117(a), Dec. 29, 2022, 136 Stat. 4924; Pub. L. 118–47, div. E, title I, §103(a), Mar. 23, 2024, 138 Stat. 712.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 590(a) | 40:490b(c). | Pub. L. 100–202, §101(m) [title VI, §616(a)–(d)], Dec. 22, 1987, 101 Stat. 1329–423; Pub. L. 102–393, title V, §528, Oct. 6, 1992, 106 Stat. 1760. |
| 590(b) | 40:490b(a). | |
| 590(c) | 40:490b(b)(1), (2), (4). | |
| 590(d) | 40:490b(b)(3). | |
| 40:490b(d). | ||
| 590(e) | 40:490b note. | Pub. L. 105–277, div. A, §101(h) [title VI, §603], Oct. 21, 1998, 112 Stat. 2681–513. |
| 590(f) | 40:490b(e). | Pub. L. 100–202, §101(m) [title VI, §616(e)], as added Pub. L. 106–554, §1[(]a)(3) [title VI, §643], Dec. 21, 2000, 114 Stat. 2763A–169. |
| 590(g) | 40:490b–1. | Pub. L. 107–67, title VI, §630, Nov. 12, 2001, 115 Stat. 552. |
In subsection (a), the word "provide" is substituted for "promote the provision of" to eliminate unnecessary words.
In subsection (f)(2), the word "workers" is substituted for "existing and newly hired workers" to eliminate unnecessary words.
In subsection (g)(2), the word "hereafter" is omitted as unnecessary.
In subsection (g)(4), the words "as appropriate" are omitted as unnecessary.
In subsection (g)(5), the words "in this or any other Act" are omitted as unnecessary. The words "of the House of Representatives and the Senate" are added for consistency in the revised title.
Editorial Notes
References in Text
Section 231 of the Crime Control Act of 1990, referred to in subsec. (f)(2), is section 231 of Pub. L. 101–647, which was classified to section 13041 of Title 42, The Public Health and Welfare, prior to editorial reclassification as section 20351 of Title 34, Crime Control and Law Enforcement.
Amendments
2024—Subsec. (g)(7). Pub. L. 118–47 added par. (7).
2022—Subsec. (g)(6). Pub. L. 117–328 added par. (6).
2004—Subsec. (g)(1). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office".
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–47, div. E, title I, §103(b), Mar. 23, 2024, 138 Stat. 712, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2024 and each succeeding fiscal year."
Effective Date of 2022 Amendment
Pub. L. 117–328, div. I, title I, §117(b), Dec. 29, 2022, 136 Stat. 4924, provided that: "The amendments made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year."
1 See References in Text note below.
§591. Purchase of electricity
(a)
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.
(b)
(1)
(2)
(A) entering into a contract under section 2394 1 of title 10; or
(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 591 | 40:490 note. | Pub. L. 100–202, §101(b) [title VIII, §8093], Dec. 22, 1987, 101 Stat. 1329–79. |
In subsection (b)(1), the words "section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287)" are substituted for "42 U.S.C. 8287" in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress.
Editorial Notes
References in Text
Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109–364, div. B, title XXVIII, §2851(b)(2), Oct. 17, 2006, 120 Stat. 2494.
1 See References in Text note below.
§592. Federal Buildings Fund
(a)
(b)
(1)
(A) User charges under section 586(b) of this title, payable in advance or otherwise.
(B) Proceeds from the lease of federal building sites or additions under section 581(d) of this title.
(C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund.
(2)
(3)
(c)
(1)
(2)
(3)
(4)
(A) A building constructed pursuant to the purchase contract authority of section 5 of the Public Buildings Amendments of 1972 (Public Law 92–313, 86 Stat. 219).
(B) A building occupied pursuant to an installment purchase contract.
(C) A building under the control of a department or agency, if alterations of the building are required in connection with moving the department or agency from a former building that is, or will be, under the control of the Administration.
(d)
(1)
(2)
(3)
(4)
(A) amounts received and deposited in the Fund under paragraph (1);
(B) goods and services received under paragraph (2); and
(C) amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs.
(e)
(1)
(2)
(A) promote further source reduction and recycling programs; and
(B) encourage employees to participate in recycling programs by providing financing for child care.
(f)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 592(a) | 40:490(f)(1) (related to establishment), (3), (4). | June 30, 1949, ch. 288, title II, §210(f), as added July 12, 1952, ch. 703, §1(l), 66 Stat. 594; Pub. L. 85–886, §3, Sept. 2, 1958, 72 Stat. 1709; Pub. L. 92–313, §3, June 16, 1972, 86 Stat. 218; Pub. L. 102–486, title I, §153, Oct. 24, 1992, 106 Stat. 2851. |
| 592(b)(1) | 40:490(f)(1) (related to deposits). | |
| 592(b)(2) | 40:490(f)(6). | |
| 592(b)(3) | 40:490(f)(5). | |
| 592(c)(1) | 40:490(f)(2). | |
| 592(c)(2) | 40:490a. | Pub. L. 94–91, title IV, §401, Aug. 9, 1975, 89 Stat. 452. |
| 592(c)(3) | 40:490a–1. | Pub. L. 101–136, title IV, §7, Nov. 3, 1989, 103 Stat. 803. |
| 592(c)(4) | 40:490i. | Pub. L. 105–277, div. A, §101(h) [title IV, 6th proviso on p. 2681–502], Oct. 21, 1998, 112 Stat. 2681–502. |
| 592(d) | 40:490(f)(7). | |
| 592(e) | 40:490(f)(8). | |
| 592(f) | 40:490g. | Pub. L. 102–393, title IV, §13, Oct. 6, 1992, 106 Stat. 1751. |
In subsection (a), the words "on such date as may be determined by the Administrator" are omitted as obsolete. The text of 40:490(f)(3) and (4) is omitted as executed.
In subsection (b)(1)(B), the words "federal building sites or additions" are substituted for "building sites" for consistency with section 581(d) of the revised title.
In subsection (b)(3), the words "To prevent the accumulation of excessive surpluses in the Fund" and "transferred out of the Fund" are added for clarity. See House Report No. 92–989, dated April 14, 1972 (United States Code Congressional and Administrative News, 92d Congress, 2d Session, 1972, Vol. 2, pp. 2370, 2377).
In subsection (c)(4), the words "amounts authorized to be expended from the Fund" are substituted for "this authorization, and hereafter" to restate the provision as general and permanent law without reference to a single year's appropriation Act.
In subsection (f), the words "during a fiscal year" are omitted as unnecessary.
Editorial Notes
References in Text
Section 5 of the Public Buildings Amendments of 1972, referred to in subsec. (c)(4)(A), is section 5 of Pub. L. 92–313, June 16, 1972, 86 Stat. 219, which enacted section 602a of former Title 40, Public Buildings, Property, and Works, and was omitted from the Code in the revision and reenactment of this title by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.
§593. Protection for veterans preference employees
(a)
(1)
(2)
(b)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1120; Pub. L. 109–284, §6(6), Sept. 27, 2006, 120 Stat. 1212; Pub. L. 111–350, §5(l)(11), Jan. 4, 2011, 124 Stat. 3852.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 593 | 40:490c. | Pub. L. 104–52, title V, §503, Nov. 19, 1995, 109 Stat. 491. |
Editorial Notes
Amendments
2011—Subsec. (a)(2). Pub. L. 111–350 substituted "chapter 85 of title 41" for "the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.)".
2006—Subsec. (b). Pub. L. 109–284 substituted "available to the General Services Administration" for "available to the Administration".
SUBCHAPTER VI—MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
§601. Purposes
In order to provide an economical and efficient system for transportation of Federal Government personnel and property consistent with section 101 of this title, the purposes of this subchapter are—
(1) to establish procedures to ensure safe operation of motor vehicles on Government business;
(2) to provide for proper identification of Government motor vehicles;
(3) to establish an effective means to limit the use of Government motor vehicles to official purposes;
(4) to reduce the number of Government-owned vehicles to the minimum necessary to transact public business; and
(5) to provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 601 | 40:491(a). | June 30, 1949, ch. 288, title II, §211(a), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |
Statutory Notes and Related Subsidiaries
Strategic Electric Vehicle Management
Pub. L. 117–263, div. G, title LXXII, subtitle C, Dec. 23, 2022, 136 Stat. 3676, provided that:
"SEC. 7231. SHORT TITLE.
"This subtitle may be cited as the 'Strategic EV Management Act of 2022'.
"SEC. 7232. DEFINITIONS.
"In this subtitle:
"(1)
"(2)
"(3)
"(A) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives;
"(C) the Committee on Environment and Public Works of the Senate;
"(D) the Committee on Energy and Natural Resources of the Senate;
"(E) the Committee on Energy and Commerce of the House of Representatives;
"(F) the Committee on Appropriations of the Senate; and
"(G) the Committee on Appropriations of the House of Representatives.
"(4)
"SEC. 7233. STRATEGIC GUIDANCE.
"(a)
"(b)
"(1) maximize both cost and environmental efficiencies; and
"(2) incorporate—
"(A) guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation;
"(B) guidelines for reusing and recycling the batteries of retired vehicles;
"(C) guidelines for disposing electric vehicle batteries that cannot be reused or recycled; and
"(D) any other considerations determined appropriate by the Administrator and Director.
"(c)
"(d)
"(1) the Secretary of Energy;
"(2) the Administrator of the Environmental Protection Agency;
"(3) the Chair of the Council on Environmental Quality;
"(4) scientists who are studying electric vehicle batteries and reuse and recycling solutions;
"(5) laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research;
"(6) industries interested in electric vehicle battery reuse and recycling;
"(7) electric vehicle equipment manufacturers and recyclers; and
"(8) any other relevant entities, as determined by the Administrator and Director.
"(e)
"(1)
"(2)
"SEC. 7234. STUDY OF FEDERAL FLEET VEHICLES.
"Not later than 2 years after the date of enactment of this Act [Dec. 23, 2022], the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles."
Executive Documents
Ex. Ord. No. 10579. Interagency Motor-Vehicle Pools and Systems
Ex. Ord. No. 10579, Dec. 1, 1954, 19 F.R. 7925, provided:
(b) The Administrator of General Services (hereinafter referred to as the Administrator) shall establish and provide for the operation of interagency motor-vehicle pools and systems for the purpose of providing more efficient or economical transportation of Government personnel and property within specific areas by motor vehicles or local transit systems. Pools or systems based in whole or in part upon use of privately-owned vehicles and facilities shall be preferred to Government ownership of vehicles and facilities to the extent that it is feasible to provide required motor-vehicle services of satisfactory quality and cost from commercial or other private sources.
(b) The head of each executive agency receiving notice that such a study is to be made shall provide information which is required or pertinent. He shall also designate one or more officials in the field with whom members of a staff assigned by the General Services Administration may consult. Such designated officials shall provide such assigned staff with needed information and assistance, including reasonable opportunities to observe motor-vehicle operations and facilities and to examine pertinent cost and other records.
(1) A description of the proposed operation, including a statement of the types of service and of the geographic area, and the agencies or parts of agencies to be served.
(2) The name of the executive agency designated to be responsible for operating the pool or system, and the reasons for such designation.
(3) A statement indicating the motor vehicles and related equipment and supplies to be transferred and the amount of reimbursement, if any, to be made therefor.
(b) Each determination shall be accompanied by an analytical justification which shall include a comparison of estimated costs of the present and proposed methods of operation and a showing of the estimated savings to be realized through the establishment of the proposed pool or system. The justification shall also describe the alternatives considered in making the determination, and shall include a statement concerning the availability of privately-owned facilities and equipment, and the feasibility and estimated cost (immediate and long-term) of using such facilities and equipment.
(c) The Administrator shall send a copy of each determination to each executive agency affected and to the Director of the Bureau of the Budget [now the Director of the Office of Management and Budget] (hereinafter referred to as the Director).
(b) The Director shall review any determination from which an executive agency has appealed and shall make a final decision on such appeal. The Director shall make such decisions, within seventy-five days after he receives the appeal or as soon thereafter as practicable, on the basis of information contained in the Administrator's determination, the executive agencies' appeals therefrom, and any supplementary data submitted by the Administrator and the contesting agencies. The Director shall send copies of decisions to the Administrator and to the heads of other executive agencies concerned.
(c) The Director's decision upon each such appeal, if it holds that the determination shall apply in whole or in part to the appealing agency, shall state the extent to which the determination applies and the effective date of its application. To the extent that the Director's decision on an appeal does not uphold the Administrator's determination, such determination shall be of no force and effect.
(b) The Director shall take such actions as he deems appropriate to assist in securing compliance with determinations which have become effective. In the exercise of this authority to establish reserves in apportioning appropriations and funds, the Director shall take account of such savings as accrue from the establishment of inter-agency motor-vehicle pools and systems.
(c) The executive agency which operates any pool or system established hereunder shall maintain accurate records of the cost of establishment, maintenance, and operation of any interagency motor-vehicle pool or system established pursuant to these regulations.
(d) The Administrator shall be responsible for maintaining adequate reviews and controls of the economy and efficiency of all pools or systems established in accordance with these regulations, including those not directly operated by the General Services Administration.
(b) The Administrator may discontinue or curtail a motor-vehicle pool or system when he determines that it is not the most economical method of rendering required motor-vehicle service; but he shall give at least sixty days notice of such intention to executive agencies affected and to the Director before taking such action.
(c) Executive agencies affected by a pool or system for which the Administrator is responsible (including inter-agency pools or systems operated by another executive agency designated by the Administrator) may bring problems of service and cost to the attention of the Administrator, who shall assure that such problems receive proper attention.
(d) Executive agencies receiving motor-vehicle services from an interagency motor-vehicle pool or system under these regulations may request discontinuance or curtailment of their participation in such pool or system after at least one year of participation or in the event that the need for the services from the pool or system ceases. Such requests shall be submitted to the Administrator with pertinent factual justification.
(e) If the Administrator does not agree with such request and is unable to make arrangements which are mutually acceptable to him and to the head of the executive agency concerned, the agency's request for discontinuance or modification and the Administrator's reasons for not agreeing with the request shall be forwarded to the Director who shall be responsible for making a final and binding decision.
(f) When a pool or system is discontinued or curtailed, such transfers of vehicles and related equipment and supplies, personnel, records, facilities, and funds as may be appropriate will be made, subject to the approval of the Director.
(1) Motor vehicles 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.
(2) Any motor vehicle regularly used by an agency in the performance of investigative, law enforcement, or intelligence duties if the head of such agency determines that exclusive control of such vehicle is essential to the effective performance of such duties: Provided, that vehicles regularly used for common administrative purposes not directly connected with the performance of law enforcement, investigative, or intelligence duties shall not because of such use be exempted from such inclusion.
(3) Any motor vehicle the conspicuous identification of which as a Government vehicle would interfere with the purpose for which it is acquired and used.
(4) Unless inclusion is mutually agreed upon by the Administrator and the head of the agency concerned:
(i) Motor vehicles for the use of the heads of the executive agencies, ambassadors, ministers, charge [sic] d'affaires, and other principal diplomatic and consular officials.
(ii) Motor vehicles regularly and principally used for the transportation of diplomats and representatives of foreign countries or by officers of the Department of State for the conduct of official business with representatives of foreign countries.
(iii) Motor vehicles regularly used for the distribution and transportation of mails.
(5) Motor vehicles which, because of their design or the special purposes for which they are used, or for other reasons, cannot advantageously be incorporated in an interagency motor-vehicle pool or system if the exemption thereof has been mutually agreed upon by the Administrator and the head of the executive agency concerned.
(6) Motor vehicles exempted by an agency which has authority to make such an exemption under the provisions of the Act [probably means the Federal Property and Administrative Services Act of 1949, 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, Public Contracts].
Dwight D. Eisenhower.
§602. Authority to establish motor vehicle pools and transportation systems
(a)
(1) take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies;
(2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and
(3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers.
(b)
(1) Federal Government-owned motor vehicles;
(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or
(3) both.
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1121.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 602 | 40:491(b) (related to establishment). | June 30, 1949, ch. 288, title II, §211(b) (related to establishment), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |
Subsection (a)(1) is substituted for "in respect of executive agencies, . . . consolidate, take over, acquire, or arrange for the operation by any executive agency of, motor vehicles and other related equipment and supplies for the purpose of establishing motor vehicle pools and systems to serve the needs of executive agencies" for clarity and to eliminate unnecessary words.
In subsection (c), the words "mixed-ownership Government corporation" are substituted for "mixed ownership corporation" for consistency with chapter 91 of title 31. The words "chapter 91 of title 31" are substituted for "the Government Corporation Control Act" in section 211(b) of the Federal Property and Administrative Services Act of 1949 because of section 4(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1067), the first section of which enacted Title 31, United States Code.
§603. Process for establishing motor vehicle pools and transportation systems
(a)
(1)
(2)
(A) a detailed comparison of estimated costs for present and proposed modes of operation; and
(B) a showing that savings can be realized by the establishment, maintenance, and operation of a motor vehicle pool or system.
(b)
(1)
(2)
(A) adequate notice to an executive agency of any determination that affects the agency or its functions;
(B) independent review and decision as directed by the President of any determination disputed by an agency, with the possibility that the decision may include a partial or complete exemption of the agency from the determination; and
(C) enforcement of determinations that become effective under the regulations.
(3)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 603(a)(1) | 40:491(b) (related to determination). | June 30, 1949, ch. 288, title II, §211(b) (related to determination), (c), (e), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1126. |
| 603(a)(2) | 40:491(e). | |
| 603(b) | 40:491(c). |
In subsection (b)(1), the words "within ninety days after the effective date of this section" are omitted as obsolete.
§604. Treatment of assets taken over to establish motor vehicle pools and transportation systems
(a)
(1)
(A) a Government corporation; or
(B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law.
(2)
(b)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1122; Pub. L. 109–313, §3(h)(5), Oct. 6, 2006, 120 Stat. 1736.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 604(a) | 40:491(g). | June 30, 1949, ch. 288, title II, §211(g), (h), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128. |
| 604(b) | 40:491(h). |
Editorial Notes
Amendments
2006—Subsec. (b). Pub. L. 109–313 substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text.
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
§605. Payment of costs
(a)
(b)
(1)
(2)
(c)
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123; Pub. L. 109–313, §3(h)(6), Oct. 6, 2006, 120 Stat. 1736.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 605 | 40:491(d). | June 30, 1949, ch. 288, title II, §211(d), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127; Pub. L. 95–506, Oct. 24, 1978, 92 Stat. 1756. |
Editorial Notes
Amendments
2006—Subsec. (a). Pub. L. 109–313, §3(h)(6)(A), substituted "Acquisition Services Fund" for "General Supply Fund" in heading and text.
Subsec. (b)(2). Pub. L. 109–313, §3(h)(6)(B), substituted "321(f)" for "321(f)(1)" and "Acquisition Services Fund" for "General Supply Fund".
Statutory Notes and Related Subsidiaries
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–313 effective 60 days after Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as a note under section 5316 of Title 5, Government Organization and Employees.
§606. Regulations related to operation
(a)
(b)
(c)
(1) periodically testing the physical fitness of operators and prospective operators; and
(2) suspension and revocation of authority to operate.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1123.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 606 | 40:491(j). | June 30, 1949, ch. 288, title II, §211(j), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1128; Pub. L. 86–624, §27(b), July 12, 1960, 74 Stat. 418. |
In subsection (a), the words "Director of the Office of Personnel Management" are substituted for "United States Civil Service Commission" in section 211(j) of the Federal Property and Administrative Services Act of 1949 because of section 102 of Reorganization Plan No. 2 of 1978 (eff. Jan. 1, 1979, 92 Stat. 3783). The words "territories and" are added for consistency in the revised title and with other titles of the United States Code.
§607. Records
The Administrator of General Services shall maintain an accurate record of the cost of establishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1124.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 607 | 40:491(f) (1st sentence). | June 30, 1949, ch. 288, title II, §211(f) (1st sentence), as added Sept. 5, 1950, ch. 849, §5(c), 64 Stat. 583; Sept. 1, 1954, ch. 1211, §2, 68 Stat. 1127. |