-CITE- 40 USC CHAPTER 5 - PROPERTY MANAGEMENT 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT -HEAD- CHAPTER 5 - PROPERTY MANAGEMENT -MISC1- SUBCHAPTER I - PROCUREMENT AND WAREHOUSING Sec. 501. Services for executive agencies. 502. Services for other entities. 503. Exchange or sale of similar items. 504. Agency cooperation for inspection. 505. Exchange or transfer of medical supplies. 506. Inventory controls and systems. SUBCHAPTER II - USE OF PROPERTY 521. Policies and methods. 522. Reimbursement for transfer of excess property. 523. Excess real property located on Indian reservations. 524. Duties of executive agencies. 525. Excess personal property for federal agency grantees. 526. Temporary assignment of excess real property. 527. Abandonment, destruction, or donation of property. 528. Utilization of excess furniture. 529. Annual executive agency reports on excess personal property. SUBCHAPTER III - DISPOSING OF PROPERTY 541. Supervision and direction. 542. Care and handling. 543. Method of disposition. 544. Validity of transfer instruments. 545. Procedure for disposal. 546. Contractor inventories. 547. Agricultural commodities, foods, and cotton or woolen goods. 548. Surplus vessels. 549. Donation of personal property through state agencies. 550. Disposal of real property for certain purposes. 551. Donations to American Red Cross. 552. Abandoned or unclaimed property on Government premises. 553. Property for correctional facility, law enforcement, and emergency management response purposes. 554. Property for development or operation of a port facility. 555. Donation of law enforcement canines to handlers. 556. Disposal of dredge vessels. 557. Donation of books to Free Public Library. 558. Donation of forfeited vessels. 559. Advice of Attorney General with respect to antitrust law. SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER 571. General rules for deposit and use of proceeds. 572. Real property. 573. Personal property. 574. Other rules regarding proceeds. SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES 581. General authority of Administrator of General Services. 582. Management of buildings by Administrator of General Services. 583. Construction of buildings. 584. Assignment and reassignment of space. 585. Lease agreements. 586. Charges for space and services. 587. Telecommuting and other alternative workplace arrangements. 588. Movement and supply of office furniture. 589. Installation, repair, and replacement of sidewalks. 590. Child care. 591. Purchase of electricity. 592. Federal Buildings Fund. 593. Protection for veterans preference employees. SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS 601. Purposes. 602. Authority to establish motor vehicle pools and transportation systems. 603. Process for establishing motor vehicle pools and transportation systems. 604. Treatment of assets taken over to establish motor vehicle pools and transportation systems. 605. Payment of costs. 606. Regulations related to operation. 607. Records. 608. Scrip, tokens, tickets. 609. Identification of vehicles. 610. Discontinuance of motor vehicle pool or system. 611. Duty to report violations. -End- -CITE- 40 USC SUBCHAPTER I - PROCUREMENT AND WAREHOUSING 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -End- -CITE- 40 USC Sec. 501 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 501. Services for executive agencies -STATUTE- (a) Authority of Administrator of General Services. - (1) In general. - The Administrator of General Services shall take action under this subchapter for an executive agency - (A) to the extent that the Administrator of General Services 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) Exemption for defense. - The Secretary of Defense may exempt the Department of Defense from an action taken by the Administrator of General Services under this subchapter, unless the President directs otherwise, whenever the Secretary determines that an exemption is in the best interests of national security. (b) Procurement and Supply. - (1) Functions. - (A) In general. - The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting. (B) Public utility contracts. - A contract for public utility services may be made for a period of not more than 10 years. (2) Policies and methods. - (A) In general. - The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and related functions. (B) Controlling regulation. - Policies and methods prescribed by the Administrator of General Services under this paragraph are subject to regulations prescribed by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (c) Representation. - For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies - (1) in negotiations with carriers and other public utilities; and (2) in proceedings involving carriers or other public utilities before federal and state regulatory bodies. (d) Facilities. - The Administrator of General Services shall operate, for executive agencies, warehouses, supply centers, repair shops, fuel yards, and other similar facilities. After consultation with the executive agencies affected, the Administrator of General Services shall consolidate, take over, or arrange for executive agencies to operate the facilities. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1079.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 501(a) 40:481(a) (words June 30, 1949, ch. 288, before cl. (1), title II, Sec. 201(a), 63 last proviso). Stat. 383; Pub. L. 93-400, Sec. 15(1), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 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). -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (b)(2)(B), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -End- -CITE- 40 USC Sec. 502 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 502. Services for other entities -STATUTE- (a) Federal Agencies, Mixed-Ownership Government Corporations, and the District of Columbia. - On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in section 501 of this title to - (1) a federal agency; (2) a mixed-ownership Government corporation (as defined in section 9101 of title 31); or (3) the District of Columbia. (b) Qualified Nonprofit Agencies. - (1) In general. - On request, the Administrator may provide, to the extent practicable, any of the services specified in section 501 of this title to an agency that is - (A)(i) a qualified nonprofit agency for the blind (as defined in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C. 48b(3))); or (ii) a qualified nonprofit agency for other severely handicapped (as defined in section 5(4) of the Javits-Wagner- O'Day Act (41 U.S.C. 48b(4))); and (B) providing a commodity or service to the Federal Government under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.). (2) Use of services. - A nonprofit agency receiving services under this subsection shall use the services directly in making or providing to the Government a commodity or service that has been determined by the Committee for Purchase From People Who Are Blind or Severely Disabled under section 2 of the Javits-Wagner- O'Day Act (41 U.S.C. 47) to be suitable for procurement by the Government. (c) Use of Certain Supply Schedules. - (1) In general. - The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70). (2) Voluntary use. - In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule. (3) Definitions. - In this subsection: (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 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713). (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) Use of Supply Schedules for Certain Goods and Services. - (1) In general. - The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack. (2) Determination by secretary of homeland security. - The Secretary of Homeland Security shall determine which goods and services qualify as goods and services described in paragraph (1) before the Administrator provides for the use of the Federal supply schedule relating to such goods and services. (3) Voluntary use. - In the case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule. (4) Definitions. - The definitions in subsection (c)(3) shall apply for purposes of this subsection. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1080; Pub. L. 107-347, title II, Sec. 211(a), Dec. 17, 2002, 116 Stat. 2939; Pub. L. 109- 364, div. A, title VIII, Sec. 833(a), Oct. 17, 2006, 120 Stat. 2332.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 502(a) 40:481(b)(1). June 30, 1949, ch. 288, title II, Sec. 201(b), 63 Stat. 384; Sept. 5, 1950, ch. 849, Sec. 8(b), 64 Stat. 591; Pub. L. 103-355, title I, Sec. 1555, Oct. 13, 1994, 108 Stat. 3300; Pub. L. 105-61, title IV, Sec. 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). -REFTEXT- REFERENCES IN TEXT The Javits-Wagner-O'Day Act, referred to in subsec. (b)(1)(B), is act June 25, 1938, ch. 697, 52 Stat. 1196, as amended, which is classified to sections 46 to 48c of Title 41, Public Contracts. For complete classification of this Act to the Code, see Tables. 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, as amended, which is classified generally to chapter 33 (Sec. 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. 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, as amended, which is classified principally to chapter 68 (Sec. 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. -MISC2- AMENDMENTS 2006 - Subsec. (d). Pub. L. 109-364 added subsec. (d). 2002 - Subsec. (c). Pub. L. 107-347 added subsec. (c). 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, Sec. 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, Sec. 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." -End- -CITE- 40 USC Sec. 503 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 503. Exchange or sale of similar items -STATUTE- (a) Authority of Executive Agencies. - In acquiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property acquired. (b) Applicable Regulation and Law. - (1) Regulations prescribed by administrator of general services. - A transaction under subsection (a) must be carried out in accordance with regulations the Administrator of General Services prescribes, subject to regulations prescribed by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (2) In writing. - A transaction under subsection (a) must be evidenced in writing. (3) Section 3709 of revised statutes. - Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under section 545(d) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 503 40:481(c). June 30, 1949, ch. 288, title II, Sec. 201(c), 63 Stat. 384; Pub. L. 93-400, Sec. 15(2), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331; Pub. L. 100-612, Sec. 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. -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (b)(1), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -End- -CITE- 40 USC Sec. 504 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 504. Agency cooperation for inspection -STATUTE- (a) Receiving Assistance. - An executive agency may use the services, work, materials, and equipment of another executive agency, with the consent of the other executive agency, to inspect personal property incident to procuring the property. (b) Providing Assistance. - Notwithstanding section 1301(a) of title 31 or any other law, an executive agency may provide services, work, materials, and equipment for purposes of this section without reimbursement or transfer of amounts. (c) Policies and Methods. - The use or provision of services, work, materials, and equipment under this section must be in conformity with policies and methods the Administrator of General Services prescribes under section 501 of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 504 40:481(d). June 30, 1949, ch. 288, title II, Sec. 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. -End- -CITE- 40 USC Sec. 505 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 505. Exchange or transfer of medical supplies -STATUTE- (a) Excess Property Determination. - (1) In general. - Medical materials or supplies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that - (A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and (B) transfer or other disposal is in the national interest. (2) Timing. - To the greatest extent practicable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of medical materials or supplies before their shelf life expires and they are rendered unfit for human use. (b) Transfer or Exchange. - (1) In general. - In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another federal agency or exchanged with another federal agency for other medical materials or supplies. (2) Use of proceeds. - Any proceeds derived from a transfer under this section may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only to purchase medical materials or supplies to be held for national emergency purposes. (3) Disposal as surplus property. - If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1081.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 505 40:481(e). June 30, 1949, ch. 288, title II, Sec. 201(e), as added Pub. L. 91-426, Sec. 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. -End- -CITE- 40 USC Sec. 506 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER I - PROCUREMENT AND WAREHOUSING -HEAD- Sec. 506. Inventory controls and systems -STATUTE- (a) Activities of the Administrator of General Services. - (1) In general. - Subject to paragraph (2), and after adequate advance notice to affected executive agencies, the Administrator of General Services may undertake the following activities as necessary to carry out functions under this chapter: (A) Surveys and reports. - Survey and obtain executive agency reports on Federal Government property and property management practices. (B) Inventory levels. - Cooperate with executive agencies to establish reasonable inventory levels for property stocked by them, and report any excessive inventory levels to Congress and to the Director of the Office of Management and Budget. (C) Federal supply catalog system. - Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies. (D) Standard purchase specifications and standard forms and procedures. - Prescribe standard purchase specifications and standard forms and procedures (except forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator for Federal Procurement Policy prescribes under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.). (2) Special considerations regarding department of defense. - (A) In general. - The Administrator of General Services shall carry out activities under paragraph (1) with due regard to the requirements of the Department of Defense, as determined by the Secretary of Defense. (B) Federal supply catalog system. - In establishing and maintaining a uniform federal supply catalog system under paragraph (1)(C), the Administrator of General Services and the Secretary shall coordinate to avoid unnecessary duplication. (b) Activities of Federal Agencies. - Each federal agency shall use the uniformed federal supply catalog system, the standard purchase specifications, and the standard forms and procedures established under subsection (a), except as the Administrator of General Services, considering efficiency, economy, or other interests of the Government, may otherwise provide. (c) Audit of Property Accounts. - The Comptroller General shall audit all types of property accounts and transactions. Audits shall be conducted at the time and in the manner the Comptroller General decides and as far as practicable at the place where the property or records of the executive agencies are kept. Audits shall include an evaluation of the effectiveness of internal controls and audits, and a general audit of the discharge of accountability for Government-owned or controlled property, based on generally accepted principles of auditing. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1082.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 506 40:487. June 30, 1949, ch. 288, title II, Sec. 206, 63 Stat. 390; July 12, 1952, ch. 703, Sec. 1(k), 66 Stat. 593; Pub. L. 93-400, Sec. 15(3), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96-83, Sec. 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98-191, Secs. 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. -REFTEXT- REFERENCES IN TEXT The Office of Federal Procurement Policy Act, referred to in subsec. (a)(1)(D), is Pub. L. 93-400, Aug. 30, 1974, 88 Stat. 796, as amended, which is classified principally to chapter 7 (Sec. 401 et seq.) of Title 41, Public Contracts. For complete classification of this Act to the Code, see Short Title note set out under section 401 of Title 41 and Tables. -End- -CITE- 40 USC SUBCHAPTER II - USE OF PROPERTY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- SUBCHAPTER II - USE OF PROPERTY -End- -CITE- 40 USC Sec. 521 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 521. Policies and methods -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 521 40:483(a)(1) (1st June 30, 1949, ch. 288, sentence). title II, Sec. 202(a)(1) (1st sentence), 63 Stat. 384; July 12, 1952, ch. 703, Sec. 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. OPPORTUNITY FOR THE GOVERNMENT OF GUAM TO ACQUIRE EXCESS REAL PROPERTY IN GUAM Pub. L. 106-504, Sec. 1, Nov. 13, 2000, 114 Stat. 2309, as amended by Pub. L. 109-163, div. A, title X, Sec. 1056(a)(6), Jan. 6, 2006, 119 Stat. 3439, provided that: "(a) Transfer of Excess Real Property. - (1) Except as provided in subsection (d), before screening excess real property located on Guam for further Federal utilization under section 202 [now 40 U.S.C. 521 et seq.] of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.) [now 40 U.S.C. 101 et seq.] (hereinafter the 'Property Act'), the Administrator shall notify the Government of Guam that the property is available for transfer pursuant to this section. "(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) Conditions of Transfer. - (1) Any transfer of excess real property to the Government of Guam may be only for a public purpose and shall be without further consideration. "(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) Definitions. - For the purposes of this section: "(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) Exemptions. - Notwithstanding that such property may be excess real property, the provisions of this section shall not apply - "(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) Dual Classification Property. - If a parcel of real property on Guam that is declared excess as a result of a base closure law also falls within the boundary of the Guam National Wildlife Refuge, such parcel of property shall be disposed of in accordance with the base closure law. "(f) Authority To Issue Regulations. - The Administrator of General Services, after consultation with the Secretary of Defense and the Secretary of the Interior, may issue such regulations as he deems necessary to carry out this section." -End- -CITE- 40 USC Sec. 522 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 522. Reimbursement for transfer of excess property -STATUTE- (a) In General. - Subject to subsections (b) and (c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a transfer of excess property. (b) Reimbursement at Fair Value. - The amount of reimbursement required for a transfer of excess property is the fair value of the property, as determined by the Administrator, if - (1) net proceeds are requested under section 574(a) of this title; or (2) either the transferor or the transferee agency (or the 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) Distribution Through General Services Administration Supply Centers. - Excess property determined by the Administrator to be suitable for distribution through the supply centers of the General Services Administration shall be retransferred at prices set by the Administrator with due regard to prices established under section 321(d) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083; Pub. L. 109-284, Sec. 6(1), (2), Sept. 27, 2006, 120 Stat. 1212.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 522 40:483(a)(1) (last June 30, 1949, ch. 288, sentence). title II, Sec. 202(a)(1) (last sentence), 63 Stat. 384; July 12, 1952, ch. 703, Sec. 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). AMENDMENTS 2006 - Subsec. (a). Pub. L. 109-284, Sec. 6(1), struck out "of this section" after "subsections (b) and (c)". Subsec. (b). Pub. L. 109-284, Sec. 6(2), substituted "at" for "At" in heading. -End- -CITE- 40 USC Sec. 523 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 523. Excess real property located on Indian reservations -STATUTE- (a) Procedures for Transfer. - The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs. (b) Property Held in Trust. - (1) In general. - Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located. (2) Special requirement for oklahoma. - The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property - (A) is located within boundaries of former reservations in 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1083.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 523 40:483(a)(2). June 30, 1949, ch. 288, title II, Sec. 202(a)(2), as added Pub. L. 93-599, (2), Jan. 2, 1975, 88 Stat. 1954. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 524 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 524. Duties of executive agencies -STATUTE- (a) Required. - Each executive agency shall - (1) maintain adequate inventory controls and accountability systems for property under its control; (2) continuously survey property under its control to identify excess property; (3) promptly report excess property to the Administrator of General Services; (4) perform the care and handling of excess property; and (5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. (b) Required as Far as Practicable. - Each executive agency, as far as practicable, shall - (1) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; (2) transfer excess property under its control to other federal agencies and to organizations specified in section 321(c)(2) of this title; and (3) obtain excess property from other federal agencies. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 524(a) 40:483(b). June 30, 1949, ch. 288, title II, Sec. 202(b), 63 Stat. 384. 524(b) 40:483(c). June 30, 1949, ch. 288, title II, Sec. 202(c), 63 Stat. 384; July 12, 1952, ch. 703, Sec. 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. OMB REPORT Pub. L. 109-396, title IV, Sec. 408, Dec. 15, 2006, 120 Stat. 2720, provided that: "(a) OMB Report on Surplus and Excess Property. - Not later than 6 months after the date of enactment of this Act [Dec. 15, 2006], the Director of the Office of Management and Budget shall submit a report on surplus and excess government property to Congress including - "(1) the total value and amount of surplus and excess government property, provided in the aggregate, as well as totaled by agency; and "(2) a list of the 100 most eligible surplus government properties for sale and how much they are worth. "(b) Data Sharing Among Federal Agencies. - Not later than 6 months after the date of enactment of this Act [Dec. 15, 2006], the Director of the Office of Management and Budget shall - "(1) develop and implement procedures requiring Federal agencies to share data on surplus and excess Federal real property under the jurisdiction of each agency; and "(2) report to Congress on the development and implementation of such procedures." -End- -CITE- 40 USC Sec. 525 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 525. Excess personal property for federal agency grantees -STATUTE- (a) General Prohibition. - A federal agency is prohibited from obtaining excess personal property for the purpose of furnishing the property to a grantee of the agency, except as provided in this section. (b) Exception for Public Agencies and Tax-exempt Nonprofit Organizations. - (1) In general. - Under regulations the Administrator of General Services may prescribe, a federal agency may obtain excess personal property for the purpose of furnishing it to a public agency or an organization that is nonprofit and exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), if - (A) the agency or organization is conducting a federally 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) Title. - Title to excess property obtained under this subsection vests in the grantee. The grantee shall account for and dispose of the property in accordance with procedures governing accountability for personal property acquired under grant agreements. (c) Exception for Certain Property Furnished by Secretary of Agriculture. - (1) Definition. - In this subsection, the term "State" means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia. (2) In general. - Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to - (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) Other Exceptions. - Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to - (1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title; (2) scientific equipment furnished under section 11(e) of the 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)). -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1084.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 525(a) 40:483(d) (words June 30, 1949, ch. 288, before par. (1)). title II, Sec. 202(d), as added Pub. L. 94-519, Sec. 3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97-98, title XIV, Sec. 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). -REFTEXT- REFERENCES IN TEXT The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79, 38 Stat. 372, as amended, which is classified generally to subchapter IV (Sec. 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, as amended, 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, as amended, popularly known as the McIntire-Stennis Act of 1962, which is classified generally to subchapter III (Sec. 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. -FOOTNOTE- (!1) So in original. Probably should be capitalized. -End- -CITE- 40 USC Sec. 526 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 526. Temporary assignment of excess real property -STATUTE- (a) Assignment of Space. - The Administrator of General Services may temporarily assign or reassign space in excess real property to a federal agency, for use as office or storage space or for a related purpose, if the Administrator determines that assignment or reassignment is more advantageous than permanent transfer. The Administrator shall determine the duration of the assignment or reassignment. (b) Reimbursement for Maintenance. - If there is no appropriation available to the Administrator for the expense of maintaining the space, the Administrator may obtain appropriate reimbursement from the federal agency. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1085.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 526 40:483(g). June 30, 1949, ch. 288, title II, Sec. 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. -End- -CITE- 40 USC Sec. 527 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 527. Abandonment, destruction, or donation of property -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 527 40:483(h). June 30, 1949, ch. 288, title II, Sec. 202(h), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 528 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 528. Utilization of excess furniture -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 528 40:483b. Aug. 7, 1953, ch. 340, Sec. 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. -End- -CITE- 40 USC Sec. 529 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER II - USE OF PROPERTY -HEAD- Sec. 529. Annual executive agency reports on excess personal property -STATUTE- (a) In General. - During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services a report on personal property - (1) obtained as - (A) excess property; or (B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and (2) furnished within the United States to a recipient other than a federal agency. (b) Required Information. - The report must set out the categories of equipment and show - (1) the acquisition cost of the property; (2) the recipient of the property; and (3) other information the Administrator may require. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 529 40:483(e). June 30, 1949, ch. 288, title II, Sec. 202(e), as added Pub. L. 94-519, Sec. 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. -End- -CITE- 40 USC SUBCHAPTER III - DISPOSING OF PROPERTY 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- SUBCHAPTER III - DISPOSING OF PROPERTY -End- -CITE- 40 USC Sec. 541 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 541. Supervision and direction -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 541 40:484(a). June 30, 1949, ch. 288, title II, Sec. 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. TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983 Pub. L. 98-181, title I, Sec. 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)." -End- -CITE- 40 USC Sec. 542 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 542. Care and handling -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 542 40:484(b). June 30, 1949, ch. 288, title II, Sec. 203(b), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 543 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 543. Method of disposition -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1086.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 543 40:484(c). June 30, 1949, ch. 288, title II, Sec. 203(c), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 544 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 544. Validity of transfer instruments -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 544 40:484(d). June 30, 1949, ch. 288, title II, Sec. 203(d), 63 Stat. 385. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 545 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 545. Procedure for disposal -STATUTE- (a) Public Advertising for Bids. - (1) Requirement. - (A) In general. - Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes. (B) Exceptions. - This subsection does not apply to disposal or a contract for disposal of surplus property - (i) under subsection (b) or (d); or (ii) by abandonment, destruction, or donation or through a contract broker. (2) Time, method, and terms. - The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved. (3) Public disclosure. - Bids must be publicly disclosed at the time and place stated in the advertisement. (4) Awards. - An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so. (b) Negotiated Disposal. - Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if - (1) necessary in the public interest - (A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or (B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator; (2) the public health, safety, or national security will be promoted by a particular disposal of personal property; (3) public exigency will not allow delay incident to advertising certain personal property; (4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an 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) Disposal Through Contract Brokers. - Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the availability of the property for disposal. (d) Negotiated Sale at Fixed Price. - (1) Authorization. - The Administrator may make a negotiated sale of personal property at a fixed price, either directly or through the use of a disposal contractor, without regard to subsection (a). However, the sale must be publicized to an extent consistent with the value and nature of the property involved and the price established must reflect the estimated fair market value of the property. Sales under this subsection are limited to categories of personal property for which the Administrator determines that disposal under this subsection best serves the interests of the Government. (2) First offer. - Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price under this subsection may be offered first to an entity specified in subsection (b)(8) that has expressed an interest in the property. (e) Explanatory Statements for Negotiated Disposals. - (1) Requirement. - (A) In general. - Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of - (i) personal property that has an estimated fair market value in excess of $15,000; (ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)-(v) of this subparagraph; (iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year; (iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or (v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property. (B) Exception. - An explanatory statement is not required for a disposal of personal property under subsection (d), or for a disposal of real or personal property authorized by any other law to be made without advertising. (2) Transmittal to congress. - The explanatory statement shall be transmitted to the appropriate committees of Congress in advance of the disposal, and a copy of the statement shall be preserved in the files of the executive agency making the disposal. (3) Listing in report. - A report of the Administrator under section 126 of this title must include a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this subsection. (f) Applicability of Other Law. - Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply to a disposal or contract for disposal made under this section. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1087.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 545 40:484(e). June 30, 1949, ch. 288, title II, Sec. 203(e), 63 Stat. 386; July 12, 1952, ch. 703, Sec. 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, Secs. 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. -End- -CITE- 40 USC Sec. 546 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 546. Contractor inventories -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 546 40:484(f). June 30, 1949, ch. 288, title II, Sec. 203(f), 63 Stat. 386. -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 547 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 547. Agricultural commodities, foods, and cotton or woolen goods -STATUTE- (a) Policies. - The Administrator of General Services shall consult with the Secretary of Agriculture to formulate policies for the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities, and surplus cotton or woolen goods. The policies shall be formulated to prevent surplus agricultural commodities, or surplus foods processed from agricultural commodities, from being dumped on the market in a disorderly manner and disrupting the market prices for agricultural commodities. (b) Transfers to Department of Agriculture. - (1) In general. - The Administrator shall transfer without charge to the Department of Agriculture any surplus agricultural commodities, foods, and cotton or woolen goods for disposal, when the Secretary determines that a transfer is necessary for the Secretary to carry out responsibilities for price support or stabilization. (2) Deposit of receipts. - Receipts resulting from disposal by the Department under this subsection shall be deposited pursuant to any authority available to the Secretary. When applicable, however, net proceeds from the sale of surplus property transferred under this subsection shall be credited pursuant to section 572(a) of this title. (3) Limitation of sales. - Surplus farm commodities transferred under this subsection may not be sold, other than for export, in quantities exceeding, or at prices less than, the applicable quantities and prices for sales of those commodities by the Commodity Credit Corporation. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1089.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 547(a) 40:484(g). June 30, 1949, ch. 288, title II, Sec. 203(g), (h), 63 Stat. 386. 547(b) 40:484(h). -------------------------------------------------------------------- -End- -CITE- 40 USC Sec. 548 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 548. Surplus vessels -STATUTE- 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. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109-304, Sec. 17(g)(1), Oct. 6, 2006, 120 Stat. 1708.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 548 40:484(i). June 30, 1949, ch. 288, title II, Sec. 203(i), 63 Stat. 386; Pub. L. 97-31, Sec. 12(15), Aug. 6, 1981, 95 Stat. 154. -------------------------------------------------------------------- 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.),". -End- -CITE- 40 USC Sec. 549 01/03/2007 -EXPCITE- TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES CHAPTER 5 - PROPERTY MANAGEMENT SUBCHAPTER III - DISPOSING OF PROPERTY -HEAD- Sec. 549. Donation of personal property through state agencies -STATUTE- (a) Definitions. - In this section, the following definitions apply: (1) Public agency. - The term "public agency" means - (A) a State; (B) a political subdivision of a State (including a unit of local government or economic development district); (C) a department, agency, or instrumentality of a State (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) State. - The term "State" means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa. (3) State agency. - The term "state agency" means an agency designated under state law as the agency responsible for fair and equitable distribution, through donation, of property transferred under this section. (b) Authorization. - (1) In general. - The Administrator of General Services, in the Administrator's discretion and under regulations the Administrator may prescribe, may transfer property described in paragraph (2) to a state agency. (2) Property. - (A) In general. - Property referred to in paragraph (1) is any personal property that - (i) is under the control of an executive agency; and (ii) has been determined to be surplus property. (B) Special rule. - In determining whether the property is to be transferred for donation under this section, no distinction may be made between property capitalized in a working-capital fund established under section 2208 of title 10 (or similar fund) and any other property. (3) No cost. - Transfer of property under this section is without cost, except for any costs of care and handling. (c) Allocation and Transfer of Property. - (1) In general. - The Administrator shall allocate and transfer property under this section in accordance with criteria that are based on need and use and that are established after consultation with state agencies to the extent feasible. The Administrator shall give fair consideration, consistent with the established criteria, to an expression of need and interest from a public agency or other eligible institution within a State. The Administrator shall give special consideration to an eligible recipient's request, transmitted through the state agency, for a specific item of property. (2) Allocation among states. - The Administrator shall allocate property among the States on a fair and equitable basis, taking into account the condition of the property as well as the original acquisition cost of the property. (3) Recipients and purposes. - The Administrator shall transfer to a state agency property the state agency selects for distribution through donation within the State - (A) to a public agency for use in carrying out or promoting, for residents of a given political area, a public purpose, including conservation, economic development, education, parks and recreation, public health, and public safety; or (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; (viii) a library serving free all residents of a community, district, State, or region; or (ix) a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w-7(e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public. (4) Exception. - This subsection does not apply to property transferred under subsection (d). (d) Department of Defense Property. - (1) Determination. - The Secretary of Defense shall determine whether surplus personal property under the control of the Department of Defense is usable and necessary for educational activities which are of special interest to the armed services, including maritime academies, or military, naval, Air Force, or Coast Guard preparatory schools. (2) Property usable for special interest activities. - If the Secretary of Defense determines that the property is usable and necessary for educational activities which are of special interest to the armed services, the Secretary shall allocate the property for transfer by the Administrator to the appropriate state agency for distribution through donation to the educational activities. (3) Property not usable for special interest activities. - If the Secretary of Defense determines that the property is not usable and necessary for educational activities which are of special interest to the armed services, the property may be disposed of in accordance with subsection (c). (e) State Plan of Operation. - (1) In general. - Before property may be transferred to a state agency, the State shall develop a detailed state plan of operation, in accordance with this subsection and with state law. (2) Procedure. - (A) Consideration of needs and resources. - In developing and implementing the state plan of operation, the relative needs and resources of all public agencies and other eligible institutions in the State shall be taken into consideration. The Administrator may consult with interested federal agencies to obtain their views concerning the administration and operation of this section. (B) Publication and period for comment. - The state plan of operation, and any major amendment to the plan, may not be filed with the Administrator until 60 days after general notice of the proposed plan or amendment has been published and interested persons have been given at least 30 days to submit comments. (C) Certification. - The chief executive officer of the State shall certify and submit the state plan of operation to the Administrator. (3) Requirements. - (A) State agency. - The state plan of operation shall include adequate assurance that the state agency has - (i) the necessary organizational and operational authority and capability including staff, facilities, and means and 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) Equitable distribution. - The state plan of operation shall provide for fair and equitable distribution of property in the State based on the relative needs and resources of interested public agencies and other eligible institutions in the State and their abilities to use the property. (C) Management control and accounting systems. - The state plan of operation shall require, for donable property transferred under this section, that the state agency use management control and accounting systems of the same type as systems required by state law for state-owned property. However, with approval from the chief executive officer of the State, the state agency may elect to use other management control and accounting systems that are effective to govern the use, inventory control, accountability, and disposal of property under this section. (D) Return and redistribution for non-use. - The state plan of operation shall require the state agency to provide for the return and redistribution of donable property if the property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for that purpose within one year of being placed in use. (E) Request by recipient. - The state plan of operation shall require the state agency, to the extent practicable, to select property requested by a public agency or other eligible institution in the State and, if requested by the recipient, to arrange shipment of the property directly to the recipient. (F) Service charges. - If the state agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing the charges shall be set out in the state plan of operation. The charges shall be fair and equitable and shall be based on services the state agency performs, including screening, packing, crating, removal, and transportation. (G) Terms, conditions, reservations, and restrictions. - (i) In general. - The state plan of operation shall provide that the state agency - (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) Special limitations. - If the Administrator finds that an item has characteristics that require special handling or use limitations, the Administrator may impose appropriate conditions on the donation of the property. (H) Unusable property. - (i) Disposal. - The state plan of operation shall provide that surplus personal property which the state agency determines cannot be used by eligible recipients shall be disposed of - (I) subject to the disapproval of the Administrator within 30 days after notice to the Administrator, through transfer by the state agency to another state agency or through abandonment or destruction if the property has no commercial value or if the estimated cost of continued care and handling exceeds estimated proceeds from sale; or (II) under this subtitle, on terms and conditions and in a manner the Administrator prescribes. (ii) Proceeds from sale. - Notwithstanding subchapter IV of this chapter and section 702 of this title, the Administrator, from the proceeds of sale of property described in subsection (b), may reimburse the state agency for expenses that the Administrator considers appropriate for care and handling of the property. (f) Cooperative Agreements With State Agencies. - (1) Parties to the agreement. - For purposes of carrying out this section, a cooperative agreement may be made between a state surplus property distribution agency designated under this section and - (A) the Administrator; (B) the Secretary of Education, for property transferred under section 550(c) of this title; (C) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title; or (D) the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services. (2) Shared resources. - The cooperative agreement may provide that the property, facilities, personnel, or services of - (A) a state agency may be used by a federal agency; and (B) a federal agency may be made available to a state agency. (3) Reimbursement. - The cooperative agreement may require payment or reimbursement for the use or provision of property, facilities, personnel, or services. Payment or reimbursement received from a state agency shall be credited to the fund or appropriation against which charges would otherwise be made. (4) Surplus property transferred to state agency. - (A) In general. - Under the cooperative agreement, surplus property transferred to a state agency for distribution pursuant to subsection (c) may be retained by the state agency for use in performing its functions. Unless otherwise directed by the Administrator, title to the retained property vests in the state agency. (B) Conditions. - Retention of surplus property under this paragraph is subject to conditions that may be imposed by - (i) the Administrator; (ii) the Secretary of Education, for property transferred under section 550(c) of this title; or (iii) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title. -SOURCE- (Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1090; Pub. L. 109-313, Sec. 5, Oct. 6, 2006, 120 Stat. 1737.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 549(a)(1), 40:484(j)(5). June 30, 1949, ch. 288, (2) title II, Sec. 203(j), 63 Stat. 386; Sept. 5, 1950, ch. 849, Sec. 4, 64 Stat. 579; June 3, 1955, ch. 130, Secs. 1, 2(a), 6(a), (b), 69 Stat. 83, 84; July 3, 1956, ch. 513, Sec. 1, 70 Stat. 493; Pub. L. 87-786, Oct. 10, 1962, 76 Stat. 805; Pub. L. 94-519, Sec. 1(1), Oct. 17, 1976, 90 Stat. 2451; Pub. L. 99-386, title II, Sec. 207, Aug. 22, 1986, 100 Stat. 823; Pub. L. 100-77, title V, Sec. 502(a), July 22, 1987, 101 Stat. 510; Pub. L. 100-690, title II, Sec. 2081(b), Nov. 18, 1988, 102 Stat. 4216; Pub. L. 105-50, Sec. 1, Oct. 6, 1997, 111 Stat. 1167. 549(a)(3), 40:484(j)(1). (b) 549(c) 40:484(j)(3). 549(d) 40:484(j)(2). 549(e) 40:484(j)(4). 549(f) 40:484(n). June 30, 1949, ch. 288, title II, Sec. 203(n), formerly (m), as added June 3, 1955, ch. 130, Sec. 3, 69 Stat. 84; redesignated (n), Aug. 1, 1955, ch. 442, 69 Stat. 430; July 3, 1956, ch. 513, Sec. 3, 70 Stat. 494; Pub. L. 87-94, July 20, 1961, 75 Stat. 213; Pub. L. 90-351, title I, Sec. 525, as added Pub. L. 93-83, Sec. 2, Aug. 6, 1973, 87 Stat. 216; Pub. L. 91-485, Sec. 3, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 94-519, Sec. 1(3), Oct. 17, 1976, 90 Stat. 2453. -------------------------------------------------------------------- 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)). AMENDMENTS 2006 - Subsec. (c)(3)(B)(ix). Pub. L. 109-313 added cl. (ix). 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. -TRANS- 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. -EXEC- 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 title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)], and the National Defense Authorization Act for Fiscal Year 1996, Public Law 104-106 [see Tables for classification], it is hereby ordered as follows: Section 1. Protection of Educationally Useful Federal Equipment. (a) Educationally useful Federal equipment is a vital national resource. To the extent such equipment can be used as is, separated into parts for other computers, or upgraded - either by professional technicians, students, or other recycling efforts - educationally useful Federal equipment is a valuable tool for computer education. Therefore, to the extent possible, all executive departments and agencies (hereinafter referred to as "agencies") shall protect and safeguard such equipment, particularly when declared excess or surplus, so that it may be recycled and transferred, if appropriate, pursuant to this order. Sec. 2. Efficient Transfer of Educationally Useful Federal Equipment to Schools and Nonprofit Organizations. (a) To the extent permitted by law, all agencies shall give highest preference to schools and nonprofit organizations, including community-based educational organizations, ("schools and nonprofit organizations") in the transfer, through gift or donation, of educationally useful Federal equipment. (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. Sec. 3. Assisting Teachers' Professional Development: Connecting Classrooms. (a) Each agency that has employees who have computer expertise shall, to the extent permitted by law and in accordance with the guidelines of the Office of Personnel Management, encourage those employees to: (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