§102. Definitions — Inbound Citations
40 U.S.C. § 102
Cited by 787 provisions in release 119-102.
Citations to 40 U.S.C. § 102 as a whole
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(3) is not excess property, as defined by section 102 of title 40.
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(A) the term “foreign excess property” has the meaning given the term in section 102 of title 40; and
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(B) not excess property (as defined by section 102 of title 40) subject to disposal under subsection (e)(3).
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(3) The term “Federal agency” has the meaning given such term by section 102 of title 40.
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(1) In this subsection, the terms “Federal agency” and “surplus property” have the meanings given such terms under section 102 of title 40.
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(2) any property that is excepted from the definition of the term “property” under section 102;
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(1) The term “federal agency” has the same meaning given that term in section 102 of this title.
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(3) The term “Federal agency” has the meaning given that term in section 102 of title 40.
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(1) The term “agency” has the meaning given the term “executive agency” in section 102 of title 40.
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(2) each of the terms “excess property” and “surplus property” has the meaning given that term under section 102 of title 40;
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(13) the term “executive agency” shall have the meaning given such term by section 102 of title 40;
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(2) The term “executive agency” has the meaning given such term in section 102 of title 40.
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(A) review all applications for the conveyance of a historic light station, when the agency with administrative jurisdiction over the historic light station has determined the property to be excess property (as that term is defined in section 102 of title 40); and
Citations to §102(1)
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Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.
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(4) perform the care and handling of excess property;
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(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
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(2) the estimated cost of continued care and handling exceeds the estimated proceeds from sale.
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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.
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(3) Transfer of property under this section is without cost, except for any costs of care and handling.
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(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
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(ii) 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.
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(1) equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or
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(2) if the property has been used or transferred, equal to the fair value of the property as of the time title vested in the Government less costs incident to care and handling as determined by the Administrator.
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(3) For purposes of this subsection, the net proceeds of a disposition or transfer of property are the proceeds less all expenses incurred for the disposition or transfer, including care and handling.
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(3) The donation must be made without cost to the donee (except for costs of care and handling).
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(3) The head of an executive agency may authorize the abandonment, destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale.
Citations to §102(2)
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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.
Citations to §102(3)
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(b) Only a facility of a reserve component that is not excess property (as defined in section 102(3) of title 40) may be exchanged using the authority provided by this section.
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(b) The Secretary is authorized to permit public and private agencies, corporations, associations, organizations, or individuals to use any real property, or any facilities, structures, or other improvements thereon, under the custody and control of the Secretary for Department purposes. The Secretary shall permit the use of such property, facilities, structures, or improvements under such terms and rates and for such period as may be in the public interest, except that the periods of such uses may not exceed five years. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements used by such permittees to a standard satisfactory to the Secretary. This subsection shall not apply to excess property as defined in section 102(3) of title 40.
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(1) 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.
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(1) 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.
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(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
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(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.
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(a) 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.
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(b) 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.
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(c) 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.
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(2) continuously survey property under its control to identify excess property;
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(3) promptly report excess property to the Administrator of General Services;
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(4) perform the care and handling of excess property;
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(5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator;
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(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;
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(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
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(2) transfer excess property under its control to other federal agencies and to organizations specified in section 321(c)(2) of this title; and
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(3) obtain excess property from other federal agencies.
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(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
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(2) 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.
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(A) excess property; or
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(A) transfer of excess property to a federal agency for agency use; or
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(A) From the fund described in paragraph (1), the Administrator may obligate an amount to pay the following direct expenses incurred for the use of excess property and the disposal of surplus property under this subtitle:(i) Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions.(ii) Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation.(iii) Advertising and surveying.
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(A) a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency;
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The General Services Administration may take custody, for disposal as excess property under this subtitle and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, of land acquired by the Federal Government by devise.
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(b) In carrying out his functions, the Secretary, under such terms, at such rates, and for such periods not exceeding five years, as he may deem to be in the public interest, is authorized to permit the use by public and private agencies, corporations, associations, or other organizations or by individuals of any real property, or any facility, structure, or other improvement thereon, under the custody of the Secretary for Department purposes. The Secretary may require permittees under this section to recondition and maintain, at their own expense, the real property, facilities, structures, and improvements involved to a satisfactory standard. This section shall not apply to excess property as defined in section 102(3) of title 40.
Citations to §102(4)
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(d) This subtitle does not apply to the Senate or the House of Representatives (including the Architect of the Capitol and any building, activity, or function under the direction of the Architect). However, services and facilities authorized by this subtitle shall, as far as practicable, be made available to the Senate, the House of Representatives, and the Architect of the Capitol on their request. If payment would be required for providing a similar service or facility to an executive agency, payment shall be made by the recipient, on presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the Administrator of General Services and the officer or body making the request). The payment may be credited to the applicable appropriation of the executive agency receiving the payment.
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(2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
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(3) an executive agency named in section 3063 of title 10, and the head of the agency, with respect to the administration of the provisions of that title referred to in section 3016 of such title as “chapter 137 legacy provisions”;
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(1) The Comptroller General, after considering the needs and requirements of executive agencies, shall prescribe principles and standards of accounting for property.
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(2) The Comptroller General shall cooperate with the Administrator of General Services and with executive agencies in the development of property accounting systems and approve the systems when they are adequate and in conformity with prescribed principles and standards.
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(3) From time to time the Comptroller General shall examine the property accounting systems established by executive agencies to determine the extent of compliance with prescribed principles and standards and approved systems. The Comptroller General shall report to Congress any failure to comply with the principles and standards or to adequately account for property.
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(2) The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator’s functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations.
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(A) the authority to prescribe regulations on matters of policy applying to executive agencies;
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(D) The Administrator may direct an executive agency to perform the function for itself, with the consent of the agency or by direction of the President.
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(E) The Administrator may direct one executive agency to perform the function for another executive agency, with the consent of the agencies concerned or by direction of the President.
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(B) If the Administrator transfers a function from one executive agency to another (including a transfer to or from the Administration), the Administrator may also provide for the transfer of appropriate personnel, records, property, and allocated amounts from the executive agency that previously carried out the function to the executive agency being directed to carry out the function. A transfer under this subparagraph is subject to approval by the Director.
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(c) Notwithstanding section 973 of title 10 or any other law, in carrying out functions under this subtitle the Administrator may use the services of personnel (including armed services personnel) from an executive agency other than the General Services Administration with the consent of the head of the agency.
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(vi) the cost of amortization and repair of equipment used for lease or rent to executive agencies; and
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(1) 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.
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(A) 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.
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(A) 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.
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(1) For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies—(A) in negotiations with carriers and other public utilities; and(B) in proceedings involving carriers or other public utilities before federal and state regulatory bodies.
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(d) 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.
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(a) 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.
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(a) 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.
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(b) 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.
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(1) 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.
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(1) 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) Survey and obtain executive agency reports on Federal Government property and property management practices.(B) 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) 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) 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 division B (except sections 1704 and 2303) of subtitle I of title 41.(E) Establish thresholds for acquisitions of personal property for which executive agencies shall capitalize the personal property.(F) Notwithstanding section 121(b), for the management and accountability of personal property, establish thresholds for acquisitions of personal property for which executive agencies shall establish and maintain property records in a centralized system.
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(A) Survey and obtain executive agency reports on Federal Government property and property management practices.
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(B) 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.
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(E) Establish thresholds for acquisitions of personal property for which executive agencies shall capitalize the personal property.
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(F) Notwithstanding section 121(b), for the management and accountability of personal property, establish thresholds for acquisitions of personal property for which executive agencies shall establish and maintain property records in a centralized system.
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(c) 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.
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(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
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(a) 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;(5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator;(6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property;(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;(9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;(10) assess leased space to identify space that is not fully used or occupied;(11) on an annual basis and subject to the guidance of the Federal Real Property Council—(A) conduct an inventory of real property under control of the executive agency; and(B) make an assessment of each property, which shall include—(i) the age and condition of the property;(ii) the size of the property in square footage and acreage;(iii) the geographical location of the property, including an address and description;(iv) the extent to which the property is being utilized;(v) the actual annual operating costs associated with the property;(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;(vii) sustainability metrics associated with the property;(viii) the number of Federal employees and contractor employees and functions housed at the property;(ix) the extent to which the mission of the executive agency is dependent on the property;(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and(xi) any additional information required by the Administrator of General Services to carry out section 623;(12) provide to the Federal Real Property Council and the Administrator of General Services the information described in paragraph (11)(B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and(13) in accordance with guidance from the Administrator of General Services—(A) on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating—(i) the age and condition of the personal property;(ii) the extent to which the executive agency utilizes the personal property;(iii) the extent to which the mission of the executive agency is dependent on the personal property; and(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and(B) on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating—(i) the age and condition of the personal property;(ii) the extent to which the executive agency utilizes the personal property;(iii) the extent to which the mission of the executive agency is dependent on the personal property; and(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
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(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;
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(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
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(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and
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(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
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(A) conduct an inventory of real property under control of the executive agency; and
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(ix) the extent to which the mission of the executive agency is dependent on the property;
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(ii) the extent to which the executive agency utilizes the personal property;
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(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
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(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and
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(ii) the extent to which the executive agency utilizes the personal property;
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(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
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(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
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(b) 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.
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(c) For the purpose of paragraphs (6) through (12) of subsection (a), the term “executive agency” shall have the meaning given the term “Federal agency” in section 621.
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(a) During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives 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.
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(a) Not later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include—(1) a requirement to consider excess personal property before buying new;(2) when it is practicable to check for and obtain excess personal property;(3) how to evaluate the suitability of excess personal property for use; and(4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.
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(4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.
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(b) Each executive agency shall submit to the Administrator of General Services and update on the website of the executive agency any changes to the internal guidance submitted and made available under subsection (a).
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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.
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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.
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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.
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(2) 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.
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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.
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(i) is under the control of an executive agency; and
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(1) An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law.
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(1) An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General.
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(2) Except for the General Services Administration, an executive agency that transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to the Administrator of General Services.
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(d) Within a reasonable time, not later than 60 days, after receipt of notice under subsection (c), the Attorney General shall advise the Administrator and any interested executive agency whether, so far as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law.
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(e) On request from the Attorney General, the head of an executive agency shall furnish information the agency possesses that the Attorney General determines is appropriate or necessary to—(1) give advice required by this section; or(2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law.
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(c) If a contract made by an executive agency, or a subcontract under that contract, authorizes the proceeds of a sale of property in the custody of a contractor or subcontractor to be credited to the price or cost of work covered by the contract or subcontract, then the proceeds of the sale shall be credited in accordance with the contract or subcontract.
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(d) An executive agency entitled to receive cash under a contract for the lease, sale, or other disposition of surplus property may accept property instead of cash if the President determines that the property is strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due.
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(1) Subject to paragraph (2), the Administrator of General Services may assign or reassign space for an executive agency in any Federal Government-owned or leased building.
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(B) after consultation with the head of the executive agency affected; and
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(1) An executive agency, other than the Administration, may impose a charge for furnishing space and services at rates approved by the Administrator.
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(2) An amount an executive agency receives under this subsection shall be credited to the appropriation or fund initially charged for providing the space or service. However, amounts in excess of actual operating and maintenance costs shall be credited to miscellaneous receipts unless otherwise provided by law.
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(2) In considering whether to acquire space, quarters, buildings, or other facilities for use by employees, the head of an executive agency shall consider whether needs can be met using alternative workplace arrangements.
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(a) An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are—(1) under the agency’s control;(2) owned by the Federal Government; and(3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States.
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(d) Amounts appropriated to an executive agency for installation, repair, and maintenance, generally, are available to carry out this section.
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(1) For purposes of this subsection, the term “Executive agency” has the meaning given that term in section 105 of title 5, but does not include the Government Accountability Office.
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(2) In accordance with regulations the Office of Personnel Management prescribes, an Executive agency that provides or proposes to provide child care services for federal employees may use appropriated amounts that are otherwise available for salaries and expenses to provide child care in a federal or leased facility, or through contract, for civilian employees of the agency.
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(6) This subsection shall apply with respect to the House of Representatives in the same manner as it applies to an Executive agency, except that—(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representatives in accordance with regulations promulgated by the Committee on House Administration; and(B) amounts may be made available to implement this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate.
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(7) This subsection shall apply with respect to the Senate in the same manner as it applies to an Executive agency, except that—(A) the authority granted to the Office of Personnel Management shall be exercised with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and(B) amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives.
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(1) take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies;
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(3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers.
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(A) adequate notice to an executive agency of any determination that affects the agency or its functions;
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(a) The Director of the Office of Personnel Management shall prescribe regulations to govern executive agencies in authorizing civilian personnel to operate Federal Government-owned motor vehicles for official purposes within the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.
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(c) The head of each executive agency shall issue orders and directives necessary for compliance with the regulations. The orders and directives shall provide for—(1) periodically testing the physical fitness of operators and prospective operators; and(2) suspension and revocation of authority to operate.
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(1) The head of an executive agency that has foreign excess property is responsible for the disposal of the property.
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(2) In carrying out functions under this chapter, the head of an executive agency shall—(A) use the policies prescribed by the President under subsection (a) for guidance; and(B) dispose of foreign excess property in a manner that conforms to the foreign policy of the United States.
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(3) The head of an executive agency may—(A) delegate authority conferred by this chapter to an official in the agency or to the head of another executive agency; and(B) authorize successive redelegation of authority conferred by this chapter.
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(A) delegate authority conferred by this chapter to an official in the agency or to the head of another executive agency; and
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(4) As necessary to carry out this chapter, the head of an executive agency may—(A) appoint and fix the pay of personnel in the United States, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5; and(B) appoint personnel outside the States of the United States and the District of Columbia, without regard to chapter 33 of title 5.
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(a) Under regulations prescribed pursuant to subsection (b), foreign excess property may be returned to the United States for handling as excess or surplus property under subchapter II of chapter 5 of this title or section 549 or 551 of this title when the head of the executive agency concerned, or the Administrator of General Services after consultation with the agency head, determines that return of the property to the United States for such handling is in the interest of the United States.
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(b) An executive agency may donate medical materials or supplies that are not disposed of under section 702 of this title.
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(1) The head of an executive agency may dispose of foreign excess property by sale, exchange, lease, or transfer, for cash, credit or other property, with or without warranty, under terms and conditions the head of the executive agency considers proper.
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(2) If the head of an executive agency determines that it is in the interest of the United States, foreign excess property may be exchanged for—(A) foreign currencies or credits; or(B) substantial benefits or the discharge of claims resulting from the compromise or settlement of claims in accordance with law.
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(3) The head of an executive agency may authorize the abandonment, destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale.
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(c) The head of an executive agency may dispose of foreign excess property without advertising if the head of the executive agency finds that disposal without advertising is the most practicable and advantageous means for the Federal Government to dispose of the property.
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(d) The head of an executive agency may execute documents to transfer title or other interests in, and take other action necessary or proper to dispose of, foreign excess property.
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(1) In this subsection, the term “executive agency” means an executive department or independent establishment in the executive branch of the Government, including any wholly owned Government corporation.
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(2) When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government.
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(1) The term “executive agency” means an executive department or independent establishment in the executive branch of the Federal Government, including a wholly owned Government corporation.
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(b) When a State, a political subdivision or agency of a State, or a person applies for the grant of an easement in, over, or on real property of the Government, the executive agency having control of the real property may grant to the applicant, on behalf of the Government, an easement that the head of the agency decides will not be adverse to the interests of the Government, subject to reservations, exceptions, limitations, benefits, burdens, terms, or conditions that the head of the agency considers necessary to protect the interests of the Government. The grant may be made without consideration, or with monetary or other consideration, including an interest in real property.
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(c) In connection with the grant of an easement, the executive agency concerned may relinquish to the State in which the real property is located legislative jurisdiction that the executive agency considers necessary or desirable. Relinquishment of legislative jurisdiction may be accomplished by filing with the chief executive officer of the State a notice of relinquishment to take effect upon acceptance or by proceeding in the manner that the laws applicable to the State may provide.
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(e) The authority conferred by this section is in addition to, and shall not affect or be subject to, any other law under which an executive agency may grant easements.
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(2) The term “executive agency” has the meaning given that term in section 133 of title 41.
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(A) with respect to an executive agency means any equipment or interconnected system or subsystem of equipment, used in the automatic acquisition, storage, analysis, evaluation, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive agency, if the equipment is used by the executive agency directly or is used by a contractor under a contract with the executive agency that requires the use—(i) of that equipment; or(ii) of that equipment to a significant extent in the performance of a service or the furnishing of a product;
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It is the sense of Congress that, during the five-year period beginning with 1996, executive agencies should achieve each year through improvements in information resources management by the agency—
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(2) The heads of executive agencies shall apply sections 11302 and 11312 of this title to national security systems to the extent practicable.
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(A) Subject to subparagraph (B), the heads of executive agencies shall apply section 11303 of this title to national security systems to the extent practicable.
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(2) As part of the budget process, the Director shall develop a process for analyzing, tracking, and evaluating the risks, including information security risks, and results of all major capital investments made by an executive agency for information systems. The process shall cover the life of each system and shall include explicit criteria for analyzing the projected and actual costs, benefits, and risks, including information security risks, associated with the investments.
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(5) At the same time that the President submits the budget for a fiscal year to Congress under section 1105(a) of title 31, the Director shall submit to Congress a report on the net program performance benefits achieved as a result of major capital investments made by executive agencies for information systems and how the benefits relate to the accomplishment of the goals of the executive agencies.
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(e) The Director shall designate the head of one or more executive agencies, as the Director considers appropriate, as executive agent for Government-wide acquisitions of information technology.
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(f) The Director shall encourage the heads of the executive agencies to develop and use the best practices in the acquisition of information technology.
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(g) On a continuing basis, the Director shall assess the experiences of executive agencies, state and local governments, international organizations, and the private sector in managing information technology.
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(h) The Director shall compare the performances of the executive agencies in using information technology and shall disseminate the comparisons to the heads of the executive agencies.
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(i) The Director shall monitor the development and implementation of training in information resources management for executive agency personnel.
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(j) The Director shall keep Congress fully informed on the extent to which the executive agencies are improving the performance of agency programs and the accomplishment of the agency missions through the use of the best practices in information resources management.
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(1) The Director shall evaluate the information resources management practices of the executive agencies with respect to the performance and results of the investments made by the executive agencies in information technology.
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(2) The Director shall issue to the head of each executive agency clear and concise direction that the head of each agency shall—(A) establish effective and efficient capital planning processes for selecting, managing, and evaluating the results of all of its major investments in information systems;(B) determine, before making an investment in a new information system—(i) whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the executive agency performing that function should be converted from a governmental organization to a private sector organization; or(ii) whether the function should be performed by the executive agency and, if so, whether the function should be performed by a private sector source under contract or by executive agency personnel;(C) analyze the missions of the executive agency and, based on the analysis, revise the executive agency’s mission-related processes and administrative processes, as appropriate, before making significant investments in information technology to be used in support of those missions; and(D) ensure that the information security policies, procedures, and practices are adequate.
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(i) whether the function to be supported by the system should be performed by the private sector and, if so, whether any component of the executive agency performing that function should be converted from a governmental organization to a private sector organization; or
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(ii) whether the function should be performed by the executive agency and, if so, whether the function should be performed by a private sector source under contract or by executive agency personnel;
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(C) analyze the missions of the executive agency and, based on the analysis, revise the executive agency’s mission-related processes and administrative processes, as appropriate, before making significant investments in information technology to be used in support of those missions; and
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(3) The direction issued under paragraph (2) shall include guidance for undertaking efficiently and effectively interagency and Federal Government-wide investments in information technology to improve the accomplishment of missions that are common to the executive agencies.
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(4) The Director shall implement through the budget process periodic reviews of selected information resources management activities of the executive agencies to ascertain the efficiency and effectiveness of information technology in improving the performance of the executive agency and the accomplishment of the missions of the executive agency.
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(A) The Director may take any action that the Director considers appropriate, including an action involving the budgetary process or appropriations management process, to enforce accountability of the head of an executive agency for information resources management and for the investments made by the executive agency in information technology.
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(i) recommending a reduction or an increase in the amount for information resources that the head of the executive agency proposes for the budget submitted to Congress under section 1105(a) of title 31;
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(iv) designating for the executive agency an executive agent to contract with private sector sources for the performance of information resources management or the acquisition of information technology.
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In fulfilling the responsibilities assigned under chapter 35 of title 44, the head of each executive agency shall comply with this subchapter with respect to the specific matters covered by this subchapter.
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(a) In fulfilling the responsibilities assigned under section 3506(h) of title 44, the head of each executive agency shall design and implement in the executive agency a process for maximizing the value, and assessing and managing the risks, of the information technology acquisitions of the executive agency.
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(b) The process of an executive agency shall—(1) provide for the selection of investments in information technology (including information security needs) to be made by the executive agency, the management of those investments, and the evaluation of the results of those investments;(2) be integrated with the processes for making budget, financial, and program management decisions in the executive agency;(3) include minimum criteria to be applied in considering whether to undertake a particular investment in information systems, including criteria related to the quantitatively expressed projected net, risk-adjusted return on investment and specific quantitative and qualitative criteria for comparing and prioritizing alternative information systems investment projects;(4) identify information systems investments that would result in shared benefits or costs for other federal agencies or state or local governments;(5) identify quantifiable measurements for determining the net benefits and risks of a proposed investment; and(6) provide the means for senior management personnel of the executive agency to obtain timely information regarding the progress of an investment in an information system, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost, capability of the system to meet specified requirements, timeliness, and quality.
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(1) provide for the selection of investments in information technology (including information security needs) to be made by the executive agency, the management of those investments, and the evaluation of the results of those investments;
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(2) be integrated with the processes for making budget, financial, and program management decisions in the executive agency;
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(6) provide the means for senior management personnel of the executive agency to obtain timely information regarding the progress of an investment in an information system, including a system of milestones for measuring progress, on an independently verifiable basis, in terms of cost, capability of the system to meet specified requirements, timeliness, and quality.
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In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agency shall—
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(2) prepare an annual report, to be included in the executive agency’s budget submission to Congress, on the progress in achieving the goals;
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(A) are prescribed for information technology used by, or to be acquired for, the executive agency; and
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(B) measure how well the information technology supports programs of the executive agency;
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(5) analyze the missions of the executive agency and, based on the analysis, revise the executive agency’s mission-related processes and administrative processes as appropriate before making significant investments in information technology to be used in support of the performance of those missions; and
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(6) ensure that the information security policies, procedures, and practices of the executive agency are adequate.
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(a) The authority of the head of an executive agency to acquire information technology includes—(1) acquiring information technology as authorized by law;(2) making a contract that provides for multiagency acquisitions of information technology in accordance with guidance issued by the Director of the Office of Management and Budget; and(3) if the Director finds that it would be advantageous for the Federal Government to do so, making a multiagency contract for procurement of commercial products of information technology that requires each executive agency covered by the contract, when procuring those products, to procure the products under that contract or to justify an alternative procurement of the products.
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(3) if the Director finds that it would be advantageous for the Federal Government to do so, making a multiagency contract for procurement of commercial products of information technology that requires each executive agency covered by the contract, when procuring those products, to procure the products under that contract or to justify an alternative procurement of the products.
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(b) The Administrator of General Services shall continue to manage the FTS 2000 program, and to coordinate the follow-on to that program, for and with the advice of the heads of executive agencies.
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(a) In this section, the term “information technology architecture”, with respect to an executive agency, means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the agency’s strategic goals and information resources management goals.
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(b) The Chief Information Officer of an executive agency is responsible for—(1) providing advice and other assistance to the head of the executive agency and other senior management personnel of the executive agency to ensure that information technology is acquired and information resources are managed for the executive agency in a manner that implements the policies and procedures of this subtitle, consistent with chapter 35 of title 44 and the priorities established by the head of the executive agency;(2) developing, maintaining, and facilitating the implementation of a sound, secure, and integrated information technology architecture for the executive agency; and(3) promoting the effective and efficient design and operation of all major information resources management processes for the executive agency, including improvements to work processes of the executive agency.
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(1) providing advice and other assistance to the head of the executive agency and other senior management personnel of the executive agency to ensure that information technology is acquired and information resources are managed for the executive agency in a manner that implements the policies and procedures of this subtitle, consistent with chapter 35 of title 44 and the priorities established by the head of the executive agency;
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(2) developing, maintaining, and facilitating the implementation of a sound, secure, and integrated information technology architecture for the executive agency; and
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(3) promoting the effective and efficient design and operation of all major information resources management processes for the executive agency, including improvements to work processes of the executive agency.
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The head of each executive agency, in consultation with the Chief Information Officer and the Chief Financial Officer of that executive agency (or, in the case of an executive agency without a chief financial officer, any comparable official), shall establish policies and procedures to ensure that—
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(1) the accounting, financial, asset management, and other information systems of the executive agency are designed, developed, maintained, and used effectively to provide financial or program performance data for financial statements of the executive agency;
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(2) financial and related program performance data are provided on a reliable, consistent, and timely basis to executive agency financial management systems; and
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(A) assessments and revisions of mission-related processes and administrative processes of the executive agency; and
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The head of each executive agency shall identify in the strategic information resources management plan required under section 3506(b)(2) of title 44 any major information technology acquisition program, or any phase or increment of that program, that has significantly deviated from the cost, performance, or schedule goals established for the program.
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The head of an executive agency may use amounts available to the agency for oversight, acquisition, and procurement of information technology to support jointly with other executive agencies the activities of interagency groups that are established to advise the Director of the Office of Management and Budget in carrying out the Director’s responsibilities under this chapter. The use of those amounts for that purpose is subject to requirements and limitations on uses and amounts that the Director may prescribe. The Director shall prescribe the requirements and limitations during the Director’s review of the executive agency’s proposed budget submitted to the Director by the head of the executive agency for purposes of section 1105 of title 31.
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(e) The head of an executive agency may employ standards for the cost-effective information security for Federal information systems within or under the supervision of that agency that are more stringent than the standards the Secretary prescribes under this section if the more stringent standards—(1) contain at least the applicable standards made compulsory and binding by the Secretary of Commerce; and(2) are otherwise consistent with policies and guidelines issued under section 3553 of title 44.
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(1) The term “Federal information system” means an information system used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency.
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(1) In consultation with the Administrator for the Office of Information and Regulatory Affairs, the Administrator for Federal Procurement Policy may conduct a pilot program pursuant to the requirements of section 11521 of this title1 to test alternative approaches for the acquisition of information technology by executive agencies.
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(2) Except as otherwise provided in this chapter, the pilot program conducted under this chapter shall be carried out in not more than two procuring activities in each of the executive agencies that are designated by the Administrator for Federal Procurement Policy in accordance with this chapter to carry out the pilot program. With the approval of the Administrator for Federal Procurement Policy, the head of each designated executive agency shall select the procuring activities of the executive agency that are to participate in the test and shall designate a procurement testing official who shall be responsible for the conduct and evaluation of the pilot program within the executive agency.
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(a) To the maximum extent practicable, the head of each executive agency conducting the pilot program under section 11501 of this title shall establish measurable criteria for evaluating the effects of the procedures or techniques to be tested under the program.
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In accordance with chapter 5 of this title, the head of an executive agency shall maintain an inventory of all computer equipment under the control of that official that is excess or surplus property.
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If in designing an information technology system pursuant to this subtitle, the head of an executive agency determines that a purpose of the system is to disseminate information to the public, then the head of that executive agency shall reasonably ensure that an index of information disseminated by the system is included in the directory created pursuant to section 4101 of title 44. This section does not authorize the dissemination of information to the public unless otherwise authorized.
Citations to §102(5)
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(1) Except as provided in paragraph (2), the Administrator may delegate authority conferred on the Administrator by this subtitle to an official in the General Services Administration or to the head of another federal agency. The Administrator may authorize successive redelegation of authority conferred by this subtitle.
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(g) The Administrator shall advise and consult with interested federal agencies and seek their advice and assistance to accomplish the purposes of this subtitle.
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(c) An officer or employee of the Government is not liable (except for an individual’s own fraud) or accountable for collection of a purchase price that is determined to be uncollectible by the federal agency responsible for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this subtitle.
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Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.
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The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies.
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(A) procuring, for the use of federal agencies in the proper discharge of their responsibilities—(i) personal property (including the purchase from or through the Director of the Government Publishing Office, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);(ii) nonpersonal services; and(iii) personal services related to the provision of information technology (as defined in section 11101(6) of this title);
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(i) personal property (including the purchase from or through the Director of the Government Publishing Office, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);
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(C) a requisitioning non-federal agency when the function of a federal agency authorized to procure for it is transferred to the Administration.
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(f) Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.
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(3) reimbursements from other federal agencies for costs of distributing publications; and
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(f) The Administrator may enter into agreements with federal agencies to provide services through the Fund on a fully reimbursable basis.
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(1) a federal agency;
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(1) 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.
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(3) If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.
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(C) Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies.
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(b) 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.
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(A) among federal agencies; and
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(2) transfer excess property under its control to other federal agencies and to organizations specified in section 321(c)(2) of this title; and
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(3) obtain excess property from other federal agencies.
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(c) For the purpose of paragraphs (6) through (12) of subsection (a), the term “executive agency” shall have the meaning given the term “Federal agency” in section 621.
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(a) 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.
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(1) 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(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.
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(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
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(a) 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.
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(b) 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.
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(2) furnished within the United States to a recipient other than a federal agency.
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(A) 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.
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(D) the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services.
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(A) a state agency may be used by a federal agency; and
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(B) a federal agency may be made available to a state agency.
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(1) Surplus computer or technology equipment is eligible for transfer under this section if a Federal agency determines that—(A) the surplus computer or technology equipment is repairable; and(B) the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Special Publication 800–88), or any successor thereto.
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(i) the Federal agency that donated the surplus computer or technology equipment;
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(3) Not later than 5 years after the date of enactment of this section, and annually thereafter, the head of each Federal agency shall make publicly available a report on the number of pieces of repairable surplus computer or technology equipment that were sent to recycling, abandoned, or destroyed.
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(2) determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States;
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The head of a federal agency having control of a canine that has been used by a federal agency in the performance of law enforcement duties and that has been determined by the agency to be no longer needed for official purposes may donate the canine to an individual who has experience handling canines in the performance of those duties.
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(A) transfer of excess property to a federal agency for agency use; or
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(B) paid to the federal agency that determined the property to be excess.
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(1) A federal agency that disposes of surplus property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit—(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and(B) payments for breach of warranty.
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(2) A federal agency that deposits proceeds in a special account under paragraph (1) may withdraw amounts to be refunded or paid from the account without regard to the origin of the amounts withdrawn.
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(2) The Administrator may pay ground rent for buildings owned by the Federal Government or occupied by federal agencies, and pay the rent in advance if required by law or if the Administrator determines that advance payment is in the public interest.
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(3) The Administrator may pay rent and make repairs, alterations, and improvements under the terms of a lease entered into by, or transferred to, the Administration for the housing of a federal agency.
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(1) obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities furnished, on a reimbursable basis, to a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia; and
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(4) The Administrator may furnish utilities, maintenance, repair, and other services to a person, firm, or organization leasing space pursuant to paragraph (1) or (2). The services may be provided during and outside of regular working hours of federal agencies.
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(a) At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may operate, maintain, and protect a building that is owned by the Federal Government (or, in the case of a wholly owned or mixed-ownership Government corporation, by the corporation) and occupied by the agency or instrumentality making the request.
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(1) When the Director of the Office of Management and Budget determines that it is in the interest of economy or efficiency, the Director shall transfer to the Administrator all functions vested in a federal agency with respect to the operation, maintenance, and custody of an office building owned by the Government or a wholly owned Government corporation, or an office building, or part of an office building, that is occupied by a federal agency under a lease.
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(a) At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may—(1) acquire land for a building or project authorized by Congress;(2) make or cause to be made (under contract or otherwise) surveys and test borings and prepare plans and specifications for a building or project prior to the Attorney General’s approval of the title to the site; and(3) contract for, and supervise, the construction, development, and equipping of a building or project.
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(b) An amount available to a federal agency or instrumentality for a building or project may be transferred, in advance, to the General Services Administration for purposes the Administrator determines are necessary, including payment of salaries and expenses for preparing plans and specifications and for field supervision.
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(1) The Administrator of General Services may enter into a lease agreement with a person, copartnership, corporation, or other public or private entity for the accommodation of a federal agency in a building (or improvement) which is in existence or being erected by the lessor to accommodate the federal agency. The Administrator may assign and reassign the leased space to a federal agency.
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(2) A lease agreement under this subsection shall be on terms the Administrator considers to be in the interest of the Federal Government and necessary for the accommodation of the federal agency. However, the lease agreement may not bind the Government for more than 20 years and the obligation of amounts for a lease under this subsection is limited to the current fiscal year for which payments are due without regard to section 1341(a)(1)(B) of title 31.
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(2) A telecommuting center may be used by employees of federal agencies, state and local governments, and the private sector. The Administrator shall give federal employees priority in using a telecommuting center. The Administrator may make a telecommuting center available for use by others to the extent it is not fully utilized by federal employees.
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(B) accept and retain income received by the General Services Administration, from federal agencies and non-federal sources, to defray costs directly associated with the functions of telecommuting centers.
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(a) Through the General Services Administration’s licensing agreements, the Administrator of General Services shall provide guidance, assistance, and oversight to federal agencies for the development of child care centers to provide economical and effective child care for federal workers.
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(1) This section does not preclude the head of a federal agency from entering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287).
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(c) The Administrator shall, so far as practicable, furnish motor vehicles and related services under this section to any federal agency, mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, on its request.
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(a) Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official purposes within the United States, or the territories or possessions of the United States, by any federal agency or by the District of Columbia shall be conspicuously identified by showing, on the vehicle—(A) the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for which the vehicle is used; or(B) a title that readily identifies the department, establishment, corporation, or agency that uses the vehicle and that is descriptive of the service for which the vehicle is used; and(2) the legend “For official use only”.
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(b) The Administrator shall prescribe regulations to carry out this section. The regulations must require that transportation costs for returning foreign excess property to the United States are paid by the federal agency, state agency, or donee receiving the property.
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(1) A federal agency that disposes of foreign excess property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit—(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and(B) payments for breach of warranty.
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(2) A federal agency that deposits proceeds in a special account under paragraph (1) may withdraw amounts to be refunded or paid from the account without regard to the origin of the amounts withdrawn.
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The purpose of this chapter is to promote harmonious intergovernmental relations and encourage sound planning, zoning, and land use practices by prescribing uniform policies and procedures for the Administrator of General Services to acquire, use, and dispose of land in urban areas. To the greatest extent practicable, urban land transactions entered into for the General Services Administration and other federal agencies shall be consistent with zoning and land use practices and with the planning and development objectives of local governments and planning agencies.
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(a) In this section, the term “federal agency” means an executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly owned Government corporations.
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(1) When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator—(A) may assign space in the property to any federal agency;(B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or(C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest.
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(A) may assign space in the property to any federal agency;
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(2) If the federal agency to which space is assigned does not desire to occupy the space, the decision of the Administrator under paragraph (1)(A) is subject to review by the President.
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(d) When the Administrator, after investigation, decides that real property referred to in subsection (b) should be used for the accommodation of a federal agency, the Administrator may make any repairs or alterations that the Administrator considers necessary or advisable and may maintain and operate the property.
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(1) To the extent that the appropriations of the General Services Administration not otherwise allocated are inadequate for repairs, alterations, maintenance, or operation, the Administrator may require each federal agency to which space has been assigned to pay promptly by check to the Administrator out of its appropriation for rent any part of the estimated or actual cost of the repairs, alterations, maintenance, and operation. Payment may be either in advance of, or on or during, occupancy of the space. The Administrator shall determine and equitably apportion the total amount to be paid among the agencies to whom space has been assigned.
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(2) To the extent that the appropriations of the Administration not otherwise required are inadequate, the Administrator may require each federal agency to which leased space has been assigned to pay promptly by check to the Administrator out of its available appropriations any part of the estimated cost of rent, repairs, alterations, maintenance, operation, and moving. Payment may be either in advance or during occupancy of the space. When space in a building is occupied by two or more agencies, the Administrator shall determine and equitably apportion rental, operation, and other charges on the basis of the total amount of space leased.
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(f) Necessary amounts may be appropriated to cover the costs incident to the sale or lease of real property, or authorized demolition of buildings on the property, declared to be surplus to the needs of any federal agency under this section, and the care, maintenance, and protection of the property, including pay of employees, travel of Government employees, brokers’ fees not in excess of rates paid for similar services in the community where the property is situated, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges. However, the agency remains responsible for the proper care, maintenance, and protection of the property until the Administrator assumes custody or other disposition of the property is made.
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(1) On the request of the head of a Federal agency having charge or control of property owned or occupied by the Federal Government, the Secretary may detail officers and agents designated under this section for the protection of the property and persons on the property.
-
(e) For the protection of property owned or occupied by the Federal Government and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments to obtain authority for officers and agents designated under this section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State and local law enforcement officers.
-
(4) identify information systems investments that would result in shared benefits or costs for other federal agencies or state or local governments;
-
(10) seek to coordinate the economic development activities of, and the use of economic development resources by, federal agencies in the region; and
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(b) In carrying out subsection (a), the President shall establish the Interagency Coordinating Council on Appalachia, to be composed of the Federal Cochairman and representatives of federal agencies that carry out economic development programs in the Appalachian region. The Federal Cochairman is the Chairperson of the Council.
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(2) In carrying out the purposes of this subtitle and in implementing this section, the Secretary of Energy, the Environmental Protection Agency, and other federal agencies shall cooperate with the Commission and shall provide assistance that the Federal Cochairman may request.
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(b) A decision under subsection (a)(2) is controlling and shall be accepted by the federal agencies.
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(5) request the head of any Federal agency, State agency, or local government to detail to the Commission such personnel as the Commission requires to carry out its duties, each such detail to be without loss of seniority, pay, or other employee status, which may be done without a requirement for the Commission to reimburse the agency or local government;
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(b) A Federal agency shall—(1) cooperate with a Commission; and(2) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this subtitle, in accordance with applicable Federal laws (including regulations).
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(a) Subject to subsection (c), for purposes of this subtitle, each Commission may transfer funds to and accept transfers of funds from other Federal agencies.
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(b) Funds made available to a Commission may be transferred to other Federal agencies if the funds are used consistently with the purposes for which the funds were specifically authorized and appropriated.
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(1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of funds for authorities being carried out by a Commission; and
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(2) the Federal agency that provides the funds determines that the activities for which the funds are to be used are otherwise eligible for funding under such a statutory authority.
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(2) to create programs to encourage job creation and workforce development in eligible counties, including projects and activities, in coordination with other relevant Federal agencies, to strengthen the water sector workforce and facilitate the sharing of best practices;
Citations to §102(6)
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(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property;
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(1) The head of an executive agency that has foreign excess property is responsible for the disposal of the property.
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(B) dispose of foreign excess property in a manner that conforms to the foreign policy of the United States.
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(2) Except as otherwise directed by the President, the Secretary of State shall continue to perform functions under agreements in effect on July 1, 1949, related to the disposal of foreign excess property. The Secretary of State may amend, modify, and renew the agreements. Foreign currencies or credits the Secretary of State acquires under the agreements shall be administered in accordance with procedures that the Secretary of the Treasury may establish. Foreign currencies or credits reduced to United States currency must be deposited in the Treasury as miscellaneous receipts.
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(a) Under regulations prescribed pursuant to subsection (b), foreign excess property may be returned to the United States for handling as excess or surplus property under subchapter II of chapter 5 of this title or section 549 or 551 of this title when the head of the executive agency concerned, or the Administrator of General Services after consultation with the agency head, determines that return of the property to the United States for such handling is in the interest of the United States.
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(b) The Administrator shall prescribe regulations to carry out this section. The regulations must require that transportation costs for returning foreign excess property to the United States are paid by the federal agency, state agency, or donee receiving the property.
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(a) Foreign excess property not disposed of under section 702 or 703 of this title may be disposed of as provided in this section.
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(1) The head of an executive agency may dispose of foreign excess property by sale, exchange, lease, or transfer, for cash, credit or other property, with or without warranty, under terms and conditions the head of the executive agency considers proper.
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(2) If the head of an executive agency determines that it is in the interest of the United States, foreign excess property may be exchanged for—(A) foreign currencies or credits; or(B) substantial benefits or the discharge of claims resulting from the compromise or settlement of claims in accordance with law.
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(3) The head of an executive agency may authorize the abandonment, destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale.
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(c) The head of an executive agency may dispose of foreign excess property without advertising if the head of the executive agency finds that disposal without advertising is the most practicable and advantageous means for the Federal Government to dispose of the property.
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(d) The head of an executive agency may execute documents to transfer title or other interests in, and take other action necessary or proper to dispose of, foreign excess property.
-
(a) This section applies to proceeds from the sale, lease, or other disposition of foreign excess property under this chapter.
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(1) Section 572(a) of this title applies to proceeds of foreign excess property disposed of for United States currency under this chapter.
-
(1) A federal agency that disposes of foreign excess property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit—(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and(B) payments for breach of warranty.
Citations to §102(7)
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(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
-
(f) Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.
-
(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.
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(1) to establish procedures to ensure safe operation of motor vehicles on Government business;
-
(2) to provide for proper identification of Government motor vehicles;
-
(3) to establish an effective means to limit the use of Government motor vehicles to official purposes;
-
(1) take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies;
-
(2) provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and
-
(3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers.
-
(b) As determined by the Administrator, motor vehicles and related services may be furnished by providing an agency with—(1) Federal Government-owned motor vehicles;(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or(3) both.
-
(1) Federal Government-owned motor vehicles;
-
(2) the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or
-
(c) The Administrator shall, so far as practicable, furnish motor vehicles and related services under this section to any federal agency, mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, on its request.
-
(2) A determination under this section must be in writing. For each motor vehicle pool or system, the determination must set forth an analytical justification that includes—(A) a detailed comparison of estimated costs for present and proposed modes of operation; and(B) a showing that savings can be realized by the establishment, maintenance, and operation of a motor vehicle pool or system.
-
(B) a showing that savings can be realized by the establishment, maintenance, and operation of a motor vehicle pool or system.
-
(1) When the Administrator of General Services takes over motor vehicles or related equipment or supplies under section 602 of this title, reimbursement is required if the property is taken over from—(A) a Government corporation; or(B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law.
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(b) If the Administrator takes over motor vehicles or related equipment or supplies under section 602 of this title but reimbursement is not required under subsection (a), the value of the property taken over, as determined by the Administrator, may be added to the capital of the Acquisition Services Fund. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the value of the property may be deducted from the Fund.
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(a) The Acquisition Services Fund provided for in section 321 of this title is available for use by or under the direction and control of the Administrator of General Services to pay the costs of carrying out section 602 of this title, including the cost of purchasing or renting motor vehicles and related equipment and supplies.
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(1) The Administrator shall set prices for furnishing motor vehicles and related services under section 602 of this title. Prices shall be set to recover, so far as practicable, all costs of carrying out section 602 of this title.
-
(2) In the Administrator’s discretion, prices may include an increment for the estimated replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f) of this title, the increment may be retained as a part of the capital of the Acquisition Services Fund but is available only to replace motor vehicles and related equipment and supplies.
-
(c) The purchase price of motor vehicles and related equipment, and any increment for estimated replacement cost, shall be recovered only through charges for the cost of amortization. Costs shall be determined, and financial reports prepared, in accordance with the accrual accounting method.
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(a) The Director of the Office of Personnel Management shall prescribe regulations to govern executive agencies in authorizing civilian personnel to operate Federal Government-owned motor vehicles for official purposes within the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.
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The Administrator of General Services shall maintain an accurate record of the cost of establishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title.
-
The Administrator of General Services, in the operation of motor vehicle pools or systems under this subchapter, may provide for the sale and use of scrip, tokens, tickets, and similar devices to collect payment.
-
(a) Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official purposes within the United States, or the territories or possessions of the United States, by any federal agency or by the District of Columbia shall be conspicuously identified by showing, on the vehicle—(A) the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for which the vehicle is used; or(B) a title that readily identifies the department, establishment, corporation, or agency that uses the vehicle and that is descriptive of the service for which the vehicle is used; and(2) the legend “For official use only”.
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(a) The Administrator of General Services shall discontinue a motor vehicle pool or system if there are no actual savings realized (based on accounting as provided in section 605 of this title) during a reasonable period of not longer than two successive fiscal years.
-
(b) If a motor vehicle pool or system is discontinued, the Administrator shall return to each agency involved motor vehicles and related equipment and supplies similar in kind and reasonably comparable in value to any motor vehicles and related equipment and supplies which were previously taken over by the Administrator.
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During the regular course of the duties of the Administrator of General Services, if the Administrator becomes aware of a violation of section 1343, 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the conversion by a Federal Government official or employee of a Government-owned or leased motor vehicle to the official or employee’s own use or to the use of others, the Administrator shall report the violation to the head of the agency in which the official or employee is employed, for further investigation and either appropriate disciplinary action under section 1343, 1344, or 1349(b) of title 31 or, if appropriate, referral to the Attorney General for prosecution under section 641 of title 18.
Citations to §102(8)
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(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
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(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
-
(ii) nonpersonal services; and
-
(C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.
-
(2) The Fund may be used for the procurement of personal property and nonpersonal services authorized to be acquired by—(A) mixed-ownership Government corporations;(B) the municipal government of the District of Columbia; or(C) a requisitioning non-federal agency when the function of a federal agency authorized to procure for it is transferred to the Administration.
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(A) 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.
-
(A) 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.
Citations to §102(9)
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(4) deemed to be property (as defined in section 102(9) of title 40) for as long as the land remains under the administrative jurisdiction of the Secretary of Veterans Affairs.
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(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
-
(2) Using available property.
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(1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949;1
-
(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I1 of the Federal Property and Administrative Services Act of 1949.
-
(4) the Secretary of Defense with respect to property required for or located in occupied territories;
-
(9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property;
-
(A) residential property; or
-
(B) other property—(i) acquired or held as part of, or in connection with, residential property; or(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
-
(i) acquired or held as part of, or in connection with, residential property; or
-
(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
-
(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property;
-
(1) The Comptroller General, after considering the needs and requirements of executive agencies, shall prescribe principles and standards of accounting for property.
-
(2) The Comptroller General shall cooperate with the Administrator of General Services and with executive agencies in the development of property accounting systems and approve the systems when they are adequate and in conformity with prescribed principles and standards.
-
(3) From time to time the Comptroller General shall examine the property accounting systems established by executive agencies to determine the extent of compliance with prescribed principles and standards and approved systems. The Comptroller General shall report to Congress any failure to comply with the principles and standards or to adequately account for property.
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(B) If the Administrator transfers a function from one executive agency to another (including a transfer to or from the Administration), the Administrator may also provide for the transfer of appropriate personnel, records, property, and allocated amounts from the executive agency that previously carried out the function to the executive agency being directed to carry out the function. A transfer under this subparagraph is subject to approval by the Director.
-
(a) In connection with the procurement, transfer or disposition of property under this subtitle, a person that uses or causes to be used, or enters into an agreement, combination, or conspiracy to use or cause to be used, a fraudulent trick, scheme, or device for the purpose of obtaining or aiding to obtain, for any person, money, property, or other benefit from the Federal Government—(1) shall pay to the Government an amount equal to the sum of—(A) $2,000 for each act;(B) two times the amount of damages sustained by the Government because of each act; and(C) the cost of suit;(2) if the Government elects, shall pay to the Government, as liquidated damages, an amount equal to two times the consideration that the Government agreed to give to the person, or that the person agreed to give to the Government; or
-
(c) An officer or employee of the Government is not liable (except for an individual’s own fraud) or accountable for collection of a purchase price that is determined to be uncollectible by the federal agency responsible for property if the property is transferred or disposed of in accordance with this subtitle and with regulations prescribed under this subtitle.
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Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.
-
(2) The Fund shall be credited with all reimbursements, advances, and refunds or recoveries relating to personal property or services procured through the Fund, including—(A) the net proceeds of disposal of surplus personal property; and(B) receipts from carriers and others for loss of, or damage to, personal property; and(C) receipts from agencies charged fees pursuant to rates established by the Administrator.
-
(A) the net proceeds of disposal of surplus personal property; and
-
(B) receipts from carriers and others for loss of, or damage to, personal property; and
-
(3) The Administrator shall determine the cost and capital requirements of the Fund for each fiscal year and shall develop a plan concerning such requirements in consultation with the Chief Financial Officer of the General Services Administration. Any change to the cost and capital requirements of the Fund for a fiscal year shall be approved by the Administrator. The Administrator shall establish rates to be charged agencies provided, or to be provided, supply of personal property and non-personal services through the Fund, in accordance with the plan.
-
(i) personal property (including the purchase from or through the Director of the Government Publishing Office, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);
-
(C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.
-
(2) The Fund may be used for the procurement of personal property and nonpersonal services authorized to be acquired by—(A) mixed-ownership Government corporations;(B) the municipal government of the District of Columbia; or(C) a requisitioning non-federal agency when the function of a federal agency authorized to procure for it is transferred to the Administration.
-
(1) For property or services procured through the Fund for requisitioning agencies, the agencies shall pay prices the Administrator fixes under this subsection.
-
(iv) the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property;
-
(ii) the date on which actual liability for personal property or services is incurred by the Administrator.
-
(f) Following the close of each fiscal year, after making provision for a sufficient level of inventory of personal property to meet the needs of Federal agencies, the replacement cost of motor vehicles, and other anticipated operating needs reflected in the cost and capital plan developed under subsection (b), the uncommitted balance of any funds remaining in the Fund shall be transferred to the general fund of the Treasury as miscellaneous receipts.
-
(A) 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.
-
(A) 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.
-
(a) 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.
-
(3) Section 6101(b) to (d) of title 41 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.
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(a) 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.
-
(A) Survey and obtain executive agency reports on Federal Government property and property management practices.
-
(B) 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) Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies.
-
(E) Establish thresholds for acquisitions of personal property for which executive agencies shall capitalize the personal property.
-
(F) Notwithstanding section 121(b), for the management and accountability of personal property, establish thresholds for acquisitions of personal property for which executive agencies shall establish and maintain property records in a centralized system.
-
(c) 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.
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Subject to section 523 of this title, in order to minimize expenditures for property, the Administrator of General Services shall—
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(b) 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.
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(a) 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.
-
(1) 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) 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.
-
(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.
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(1) maintain adequate inventory controls and accountability systems for property under its control;
-
(2) continuously survey property under its control to identify excess property;
-
(6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property;
-
(7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency;
-
(8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
-
(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and
-
(B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency;
-
(9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets;
-
(11) on an annual basis and subject to the guidance of the Federal Real Property Council—(A) conduct an inventory of real property under control of the executive agency; and(B) make an assessment of each property, which shall include—(i) the age and condition of the property;(ii) the size of the property in square footage and acreage;(iii) the geographical location of the property, including an address and description;(iv) the extent to which the property is being utilized;(v) the actual annual operating costs associated with the property;(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;(vii) sustainability metrics associated with the property;(viii) the number of Federal employees and contractor employees and functions housed at the property;(ix) the extent to which the mission of the executive agency is dependent on the property;(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and(xi) any additional information required by the Administrator of General Services to carry out section 623;
-
(A) conduct an inventory of real property under control of the executive agency; and
-
(B) make an assessment of each property, which shall include—(i) the age and condition of the property;(ii) the size of the property in square footage and acreage;(iii) the geographical location of the property, including an address and description;(iv) the extent to which the property is being utilized;(v) the actual annual operating costs associated with the property;(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;(vii) sustainability metrics associated with the property;(viii) the number of Federal employees and contractor employees and functions housed at the property;(ix) the extent to which the mission of the executive agency is dependent on the property;(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and(xi) any additional information required by the Administrator of General Services to carry out section 623;
-
(i) the age and condition of the property;
-
(ii) the size of the property in square footage and acreage;
-
(iii) the geographical location of the property, including an address and description;
-
(iv) the extent to which the property is being utilized;
-
(ix) the extent to which the mission of the executive agency is dependent on the property;
-
(v) the actual annual operating costs associated with the property;
-
(vi) the total cost of capital expenditures incurred by the Federal Government associated with the property;
-
(vii) sustainability metrics associated with the property;
-
(viii) the number of Federal employees and contractor employees and functions housed at the property;
-
(x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and
-
(12) provide to the Federal Real Property Council and the Administrator of General Services the information described in paragraph (11)(B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and
-
(A) on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating—(i) the age and condition of the personal property;(ii) the extent to which the executive agency utilizes the personal property;(iii) the extent to which the mission of the executive agency is dependent on the personal property; and(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and
-
(i) the age and condition of the personal property;
-
(ii) the extent to which the executive agency utilizes the personal property;
-
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
-
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and
-
(B) on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating—(i) the age and condition of the personal property;(ii) the extent to which the executive agency utilizes the personal property;(iii) the extent to which the mission of the executive agency is dependent on the personal property; and(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
-
(i) the age and condition of the personal property;
-
(ii) the extent to which the executive agency utilizes the personal property;
-
(iii) the extent to which the mission of the executive agency is dependent on the personal property; and
-
(iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate.
-
(a) 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.
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(1) 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(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.
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(B) the property is to be furnished for use in connection with the grant; and
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(2) 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.
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(2) Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to—(A) a state1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.);(B) a state1 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.
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(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;
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(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
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(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)).
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(a) 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.
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(1) the property has no commercial value; or
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(a) During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives 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.
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(B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and
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(1) the acquisition cost of the property;
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(2) the recipient of the property; and
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(2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and
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(a) Not later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include—(1) a requirement to consider excess personal property before buying new;(2) when it is practicable to check for and obtain excess personal property;(3) how to evaluate the suitability of excess personal property for use; and(4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.
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(1) a requirement to consider excess personal property before buying new;
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(2) when it is practicable to check for and obtain excess personal property;
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(3) how to evaluate the suitability of excess personal property for use; and
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(4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency.
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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.
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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.
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(2) 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.
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(A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or
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(B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;
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(2) the public health, safety, or national security will be promoted by a particular disposal of personal property;
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(3) public exigency will not allow delay incident to advertising certain personal property;
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(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;
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(5) the estimated fair market value of the property involved does not exceed $15,000;
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(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;
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(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
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(c) 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.
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(1) 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.
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(2) 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.
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(i) personal property that has an estimated fair market value in excess of $15,000;
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(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;
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(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;
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(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
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(B) 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.
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(3) 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.
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(3) 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.
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(1) 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.
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(A) 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.
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(B) 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.
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(3) Transfer of property under this section is without cost, except for any costs of care and handling.
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(1) 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.
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(3) 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;(B) for purposes of education or public health (including research), to a nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), including—(i) a medical institution, hospital, clinic, health center, or drug abuse treatment center;(ii) a provider of assistance to homeless individuals or to families or individuals whose annual incomes are below the poverty line (as that term is defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902));(iii) a school, college, or university;(iv) a school for the mentally retarded or physically handicapped;(v) a child care center;(vi) a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station;(vii) a museum attended by the public, and, for purposes of determining whether a museum is attended by the public, the Administrator shall consider a museum to be public if the nonprofit educational or public health institution or organization, at minimum, accedes to any request submitted for access during business hours;(viii) a library serving free all residents of a community, district, State, or region; or(ix) a historic light station as defined under section 305101(4) of title 54, including a historic light station conveyed under section 305103 of title 54, notwithstanding the number of hours that the historic light station is open to the public; or(C) for purposes of providing services to veterans (as defined in section 101 of title 38), to an organization whose—(i) membership comprises substantially veterans; and(ii) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38.
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(4) This subsection does not apply to property transferred under subsection (d).
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(1) 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.
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(2) 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.
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(3) 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).
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(1) 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.
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(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.
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(C) 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.
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(D) 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.
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(I) may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under subsection (c); and
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(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.
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(ii) 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.
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(i) 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.
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(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
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(ii) 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.
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(B) the Secretary of Education, for property transferred under section 550(c) of this title;
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(C) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title; or
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(2) 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.
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(3) 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.
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(A) 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.
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(ii) the Secretary of Education, for property transferred under section 550(c) of this title; or
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(iii) the Secretary of Health and Human Services, for property transferred under section 550(d) of this title.
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(2) Annually and consistent with reporting requirements for transfers of Federal personal property to non-Federal entities, the Administrator shall submit to Congress and make publicly available a report that includes, for the period covered by the report—(A) a description of the efforts of the Administrator under this section;(B) a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2);(C) a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and(D) a list of donated and subsequently repaired surplus computer or technology equipment identifying—(i) the Federal agency that donated the surplus computer or technology equipment;(ii) the State and county (or similar unit of local government) where the recipient is located; and(iii) whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran.
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(11) The term “repairable” means property that is unusable in its current state but can be economically repaired.
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(17) The term “surplus computer or technology equipment” means computer or technology equipment that is property described under section 549(b)(2).
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(1) Subject to disapproval by the Administrator of General Services within 30 days after notice of a proposed action to be taken under this section, except for personal property transferred pursuant to section 549 of this title, the official specified in paragraph (2) shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer under this section is made. The official shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The official shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Federal Government by the instrument, if the official determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the official considers necessary to protect or advance the interests of the Government.
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(A) the Secretary of Education, for property transferred under subsection (c) for school, classroom, or other educational use;
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(B) the Secretary of Health and Human Services, for property transferred under subsection (d) for use in the protection of public health, including research;
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(C) the Secretary of the Interior, for property transferred under subsection (e) for public park or recreation area use;
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(D) the Secretary of Housing and Urban Development, for property transferred under subsection (f) to provide housing or housing assistance for low-income individuals or families; and
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(E) the Secretary of the Interior, for property transferred under subsection (h) for use as a historic monument for the benefit of the public.
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(1) The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Education for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for school, classroom, or other educational use.
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(2) Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Education of a proposed transfer, the Secretary, for school, classroom, or other educational use, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, a tax-supported educational institution, or a nonprofit educational institution that has been held exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
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(3) In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Education shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or institution.
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(1) The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Health and Human Services for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use in the protection of public health, including research.
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(2) Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Health and Human Services of a proposed transfer, the Secretary, for use in the protection of public health, including research, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, a tax-supported medical institution, or a hospital or similar institution not operated for profit that has been held exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
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(3) In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Health and Human Services shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or institution.
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(1) The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of the Interior for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use as a public park or recreation area.
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(2) Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of the Interior of a proposed transfer, the Secretary, for public park or recreation area use, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, or a municipality.
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(3) In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of the Interior shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or municipality.
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(4) The deed of conveyance of any surplus real property disposed of under this subsection—(A) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and(B) may contain additional terms, reservations, restrictions, and conditions the Secretary of the Interior determines are necessary to safeguard the interests of the Government.
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(A) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
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(1) The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Secretary of Housing and Urban Development for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed to provide housing or housing assistance for low-income individuals or families.
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(2) Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Secretary of Housing and Urban Development of a proposed transfer, the Secretary, to provide housing or housing assistance for low-income individuals or families, may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State, or a nonprofit organization that exists for the primary purpose of providing housing or housing assistance for low-income individuals or families.
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(A) The Administrator shall disapprove a proposed transfer of property under this subsection unless the Administrator determines that the property will be used for low-income housing opportunities through the construction, rehabilitation, or refurbishment of self-help housing, under terms requiring that—(i) subject to subparagraph (B), an individual or family receiving housing or housing assistance through use of the property shall contribute a significant amount of labor toward the construction, rehabilitation, or refurbishment; and(ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices.
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(i) subject to subparagraph (B), an individual or family receiving housing or housing assistance through use of the property shall contribute a significant amount of labor toward the construction, rehabilitation, or refurbishment; and
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(ii) dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices.
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(B) For purposes of fulfilling self-help requirements under paragraph (3)(A)(i), the Administrator shall ensure that nonprofit organizations receiving property under paragraph (2) develop and use guidelines to consider any disability (as defined in section 3(2) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102(2)).
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(A) In fixing the sale or lease value of property disposed of under paragraph (2), the Secretary of Housing and Urban Development shall take into consideration and discount the value for any benefit which has accrued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or nonprofit organization.
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(B) The amount of the discount under subparagraph (A) is 75 percent of the market value of the property, except that the Secretary of Housing and Urban Development may discount by a greater percentage if the Secretary, in consultation with the Administrator, determines that a higher percentage is justified.
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(2) Subject to disapproval by the Administrator within 30 days after notice to the Administrator by the Chief Executive Officer of a proposed transfer, the Chief Executive Officer, for national service activities, may sell, lease, or donate property assigned to the Chief Executive Officer under paragraph (1) to an entity that receives financial assistance under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).
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(3) In fixing the sale or lease value of property disposed of under paragraph (2), the Chief Executive Officer shall take into consideration any benefit which has accrued or may accrue to the Government from the use of the property by the entity receiving the property.
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(A) Without monetary consideration to the Government, the Administrator may convey to a State, a political subdivision or instrumentality of a State, or a municipality, the right, title, and interest of the Government in and to any surplus real and related personal property that the Secretary of the Interior determines is suitable and desirable for use as a historic monument for the benefit of the public.
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(B) Property may be determined to be suitable and desirable for use as a historic monument only in conformity with a recommendation by the National Park System Advisory Board established under section 102303 of title 54. Only the portion of the property that is necessary for the preservation and proper observation of the property’s historic features may be determined to be suitable and desirable for use as a historic monument.
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(A) The Administrator may authorize use of any property conveyed under this subsection for revenue-producing activities if the Secretary of the Interior—(i) determines that the activities are compatible with use of the property for historic monument purposes;(ii) approves the grantee’s plan for repair, rehabilitation, restoration, and maintenance of the property;(iii) approves the grantee’s plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and(iv) examines and approves the accounting and financial procedures used by the grantee.
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(i) determines that the activities are compatible with use of the property for historic monument purposes;
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(ii) approves the grantee’s plan for repair, rehabilitation, restoration, and maintenance of the property;
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(iii) approves the grantee’s plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and
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(C) The Secretary of the Interior may periodically audit the records of the grantee that are directly related to the property conveyed.
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(3) The deed of conveyance of any surplus real property disposed of under this subsection—(A) shall provide that all of the property be used and maintained for historical monument purposes in perpetuity, and that if the property ceases to be used or maintained for historical monument purposes, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and(B) may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to safeguard the interests of the Government.
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(A) shall provide that all of the property be used and maintained for historical monument purposes in perpetuity, and that if the property ceases to be used or maintained for historical monument purposes, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
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The Administrator of General Services, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may donate to the American National Red Cross for charitable purposes property that the American National Red Cross processed, produced, or donated and that has been determined to be surplus property.
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(b) If a former owner files a proper claim within three years from the date that title to the property vests in the Government, the former owner shall be paid an amount—(1) equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or(2) if the property has been used or transferred, equal to the fair value of the property as of the time title vested in the Government less costs incident to care and handling as determined by the Administrator.
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(1) equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or
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(2) if the property has been used or transferred, equal to the fair value of the property as of the time title vested in the Government less costs incident to care and handling as determined by the Administrator.
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(b) The Administrator of General Services, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may transfer or convey to a State, or political subdivision or instrumentality of a State, surplus real and related personal property that—(1) the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved by the Attorney General for the care or rehabilitation of criminal offenders;(2) the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or(3) the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.
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(d) The deed of conveyance of any surplus real and related personal property disposed of under this section—(1) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and(2) may contain additional terms, reservations, restrictions, and conditions that the Administrator determines are necessary to safeguard the interests of the Government.
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(1) shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
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(e) The Administrator shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Administrator shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Administrator shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Government by the instrument, if the Administrator determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Administrator considers necessary to protect or advance the interests of the Government.
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(b) Under regulations that the Administrator of General Services, after consultation with the Secretary of Defense, may prescribe, the Administrator, or the Secretary of Defense in the case of property located at a military installation closed or realigned pursuant to a base closure law, may assign to the Secretary of Transportation for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary of Transportation recommends as needed for the development or operation of a port facility.
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(1) Subject to disapproval by the Administrator or the Secretary of Defense within 30 days after notice of a proposed conveyance by the Secretary of Transportation, the Secretary of Transportation, for the development or operation of a port facility, may convey property assigned to the Secretary of Transportation under subsection (b) to a State or political subdivision, municipality, or instrumentality of a State.
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(2) A transfer of property may be made under this section only after the Secretary of Transportation has—(A) determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption;(B) received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and(C) transmitted to Congress an explanatory statement that contains information substantially similar to the information contained in statements prepared under section 545(e) of this title.
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(A) determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption;
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(B) received and, after consultation with the Secretary of Commerce, approved an economic development plan submitted by an eligible grantee and based on assured use of the property to be conveyed as part of a necessary economic development program; and
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(e) The deed of conveyance of any surplus real and related personal property disposed of under this section shall—(1) provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and(2) contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government.
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(1) provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
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(2) contain additional terms, reservations, restrictions, and conditions that the Secretary of Transportation shall by regulation require to ensure use of the property for the purposes for which it was conveyed and to safeguard the interests of the Government.
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(f) The Secretary of Transportation shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Secretary shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the grantee any right or interest reserved to the Government by the instrument, if the Secretary determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the Secretary considers necessary to protect or advance the interests of the Government.
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(1) An executive agency shall not dispose of property to a private interest until the agency has received the advice of the Attorney General on whether the disposal to a private interest would tend to create or maintain a situation inconsistent with antitrust law.
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(A) real property, if the estimated fair market value is less than $3,000,000; or
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(B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000.
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(1) An executive agency that contemplates disposing of property to a private interest shall promptly transmit notice of the proposed disposal, including probable terms and conditions, to the Attorney General.
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(f) This subtitle does not impair, amend, or modify antitrust law or limit or prevent application of antitrust law to a person acquiring property under this subtitle.
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(b) Subject to regulations under this subtitle, the expenses of the sale of old material, condemned stores, supplies, or other public property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This subsection applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law.
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(1) Except as provided in subsection (b), proceeds of the disposition of surplus real and related personal property by the Administrator of General Services shall be set aside in a separate fund in the Treasury.
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(i) In each fiscal year, no more than 12 percent of the proceeds of all dispositions of surplus real and related personal property may be paid to meet direct expenses incurred in connection with the dispositions.
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(ii) property at a military installation designated for closure or realignment pursuant to a base closure law.
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(3) The Secretary of Defense shall provide that property described in paragraph (2) is available for transfer, without reimbursement, to other military departments within the Department of Defense.
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(4) If property is not transferred pursuant to paragraph (3), the Secretary of the military department with the property under its control shall request the Administrator to transfer or dispose of the property in accordance with this subtitle or other applicable law.
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(A) For a transfer or disposition of property pursuant to paragraph (4), the Administrator shall deposit any proceeds (less expenses of the transfer or disposition as provided in subsection (a)) in a special account in the Treasury.
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(ii) In the case of property located at any other military installation—(I) 50 percent of the amount is available for facility maintenance and repair or environmental restoration at the military installation where the property was located before it was disposed of or transferred; and(II) 50 percent of the amount is available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred.
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(I) 50 percent of the amount is available for facility maintenance and repair or environmental restoration at the military installation where the property was located before it was disposed of or transferred; and
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(II) 50 percent of the amount is available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred.
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The Administrator of General Services may retain from the proceeds of sales of personal property the Administrator conducts amounts necessary to recover, to the extent practicable, costs the Administrator (or the Administrator’s agent) incurs in conducting the sales. The Administrator shall deposit amounts retained into the Acquisition Services Fund established under section 321(a) of this title. From the amounts deposited, the Administrator may pay direct costs and reasonably related indirect costs incurred in conducting sales of personal property. At least once each year, amounts retained that are not needed to pay the direct and indirect costs shall be transferred from the Acquisition Services Fund to the general fund or another appropriate account in the Treasury.
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(1) This subsection applies to property acquired with amounts—(A) not appropriated from the general fund of the Treasury; or(B) appropriated from the general fund of the Treasury but by law reimbursable from assessment, tax, or other revenue or receipts.
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(2) The net proceeds of a disposition or transfer of property described in paragraph (1) shall be—(A) credited to the applicable reimbursable fund or appropriation; or(B) paid to the federal agency that determined the property to be excess.
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(B) paid to the federal agency that determined the property to be excess.
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(3) For purposes of this subsection, the net proceeds of a disposition or transfer of property are the proceeds less all expenses incurred for the disposition or transfer, including care and handling.
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(4) If the agency that determined the property to be excess decides that it is uneconomical or impractical to ascertain the amount of net proceeds, the proceeds shall be credited to miscellaneous receipts.
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(c) If a contract made by an executive agency, or a subcontract under that contract, authorizes the proceeds of a sale of property in the custody of a contractor or subcontractor to be credited to the price or cost of work covered by the contract or subcontract, then the proceeds of the sale shall be credited in accordance with the contract or subcontract.
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(d) An executive agency entitled to receive cash under a contract for the lease, sale, or other disposition of surplus property may accept property instead of cash if the President determines that the property is strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due.
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(i) the former owner from whom the Government acquired the property; or
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(B) the lease is negotiated incident to or in connection with the acquisition of the property.
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(B) surplus real property; and
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(B) disposes of the property by sublease.
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(a) An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are—(1) under the agency’s control;(2) owned by the Federal Government; and(3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States.
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(e) This section does not increase or enlarge the tort liability of the Government for injuries to individuals or damages to property.
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(C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund.
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(1) Deposits in the Fund are available for real property management and related activities in the amounts specified in annual appropriation laws without regard to fiscal year limitations.
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(3) In the administration of real property that the Administrator leases and for which the Administrator pays utility costs, the Administrator may assign all or a portion of energy rebates to the lessor to underwrite the costs incurred in undertaking energy efficiency improvements in the real property if the payback period for the improvement is at least 2 years less than the remainder of the term of the lease.
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In order to provide an economical and efficient system for transportation of Federal Government personnel and property consistent with section 101 of this title, the purposes of this subchapter are—
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(5) to provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property.
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(3) furnish motor vehicles and related services to executive agencies for the transportation of property and passengers.
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(1) When the Administrator of General Services takes over motor vehicles or related equipment or supplies under section 602 of this title, reimbursement is required if the property is taken over from—(A) a Government corporation; or(B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law.
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(B) an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law.
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(2) The Administrator shall reimburse a Government corporation, or a fund through which an agency acquired property, by an amount equal to the fair market value of the property. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the Government corporation or the fund shall reimburse the Administrator by an amount equal to the fair market value of the property returned.
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(b) If the Administrator takes over motor vehicles or related equipment or supplies under section 602 of this title but reimbursement is not required under subsection (a), the value of the property taken over, as determined by the Administrator, may be added to the capital of the Acquisition Services Fund. If the Administrator subsequently returns property of a similar kind under section 610 of this title, the value of the property may be deducted from the Fund.
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(2) The term “Council” means the Federal Real Property Council established by section 623(a).
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(6) The term “postal property” means any property owned or leased by the United States Postal Service.
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(7) The term “public-private partnership” means any partnership or working relationship between a Federal agency and a corporation, individual, or nonprofit organization for the purpose of financing, constructing, operating, managing, or maintaining one or more Federal real property assets.
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(8) The term “underutilized property” means a portion or the entirety of any real property, including any improvements, that is used—(A) irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or(B) for program purposes that can be satisfied only with a portion of the property.
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(B) for program purposes that can be satisfied only with a portion of the property.
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(B) review properties under the control of the Federal agency; and
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(1) to develop guidance and ensure implementation of an efficient and effective real property management strategy;
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(2) to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and
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(A) the senior real property officers of each Federal agency;
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(i) be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and
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(1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 524(a)(7) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed—(A) to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis;(B) to improve the management of real property; and(C) to allow for comparison of the performance of Federal agencies against industry and other public sector agencies;
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(A) to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis;
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(B) to improve the management of real property; and
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(5) compile a list of field offices that are suitable for collocation with other property assets;
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(6) research best practices regarding the use of public-private partnerships to manage properties and develop guidelines for the use of those partnerships in the management of Federal property; and
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(A) a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency;
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(h) The Council shall provide, on an annual basis, the real property management plan template required under subsection (e)(1) and the reports required under subsection (e)(7) to—(1) the Committee on Homeland Security and Governmental Affairs of the Senate;(2) the Committee on Environment and Public Works of the Senate;(3) the Committee on Oversight and Government Reform of the House of Representatives;(4) the Committee on Transportation and Infrastructure of the House of Representatives; and(5) the Comptroller General of the United States.
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(2) any property that is excepted from the definition of the term “property” under section 102;
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(3) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii);
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(4) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.);
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(7) any property operated and maintained by the United States Postal Service.
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(4) the location of the property;
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(2) any other property the Director excludes from subsection (a) for reasons of national security.
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(1) The head of an executive agency that has foreign excess property is responsible for the disposal of the property.
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(a) Under regulations prescribed pursuant to subsection (b), foreign excess property may be returned to the United States for handling as excess or surplus property under subchapter II of chapter 5 of this title or section 549 or 551 of this title when the head of the executive agency concerned, or the Administrator of General Services after consultation with the agency head, determines that return of the property to the United States for such handling is in the interest of the United States.
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(b) The Administrator shall prescribe regulations to carry out this section. The regulations must require that transportation costs for returning foreign excess property to the United States are paid by the federal agency, state agency, or donee receiving the property.
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(1) The head of an executive agency may dispose of foreign excess property by sale, exchange, lease, or transfer, for cash, credit or other property, with or without warranty, under terms and conditions the head of the executive agency considers proper.
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(3) The head of an executive agency may authorize the abandonment, destruction, or donation of foreign excess property if the property has no commercial value or if estimated costs of care and handling exceed the estimated proceeds from sale.
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(c) The head of an executive agency may dispose of foreign excess property without advertising if the head of the executive agency finds that disposal without advertising is the most practicable and advantageous means for the Federal Government to dispose of the property.
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(a) To the extent practicable, before making a commitment to acquire real property situated in an urban area, the Administrator of General Services shall give notice of the intended acquisition and the proposed use of the property to the unit of general local government exercising zoning and land use jurisdiction. If the Administrator determines that providing advance notice would adversely impact the acquisition, the Administrator shall give notice of the acquisition and the proposed use of the property immediately after the property is acquired.
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(b) In the acquisition or change of use of real property situated in an urban area as a site for public building, if the unit of general local government exercising zoning and land use jurisdiction objects on grounds that the proposed acquisition or change of use conflicts with zoning regulations or planning objectives, the Administrator shall, to the extent the Administrator determines is practicable, consider all the objections and comply with the zoning regulations and planning objectives.
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(a) Before offering real property situated in an urban area for sale, the Administrator of General Services shall give reasonable notice to the unit of general local government exercising zoning and land use jurisdiction in order to provide an opportunity for zoning so that the property is used in accordance with local comprehensive planning described in subsection (c).
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(b) To the greatest extent practicable, the Administrator shall furnish to all prospective purchasers of real property situated in an urban area complete information concerning—(1) current zoning regulations, prospective zoning requirements, and objectives for property if it is unzoned; and(A) the current availability of streets, sidewalks, sewers, water, street lights, and other service facilities; and(B) the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c).
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(1) current zoning regulations, prospective zoning requirements, and objectives for property if it is unzoned; and
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(B) the prospective availability of those service facilities if the property is included in local comprehensive planning described in subsection (c).
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(B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and
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(1) all land and other property which has been or may be assigned, set off, or conveyed to the Federal Government in payment of debts;
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Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts.
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(1) When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator—(A) may assign space in the property to any federal agency;(B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or(C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest.
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(A) may assign space in the property to any federal agency;
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(B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or
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(C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest.
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(3) If no bids which are satisfactory as to price and responsibility of the bidder are received as a result of public advertisement, the Administrator may sell the property by negotiation, on terms as may be considered to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder.
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(d) When the Administrator, after investigation, decides that real property referred to in subsection (b) should be used for the accommodation of a federal agency, the Administrator may make any repairs or alterations that the Administrator considers necessary or advisable and may maintain and operate the property.
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(f) Necessary amounts may be appropriated to cover the costs incident to the sale or lease of real property, or authorized demolition of buildings on the property, declared to be surplus to the needs of any federal agency under this section, and the care, maintenance, and protection of the property, including pay of employees, travel of Government employees, brokers’ fees not in excess of rates paid for similar services in the community where the property is situated, appraisals, photographs, surveys, evidence of title and perfecting of defective titles, advertising, and telephone and telegraph charges. However, the agency remains responsible for the proper care, maintenance, and protection of the property until the Administrator assumes custody or other disposition of the property is made.
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(1) The Administrator of General Services, in the Administrator’s discretion, on terms the Administrator considers proper, and under regulations the Administrator may prescribe, may sell property described in paragraph (2) to a State or a political subdivision of a State for public use if the Administrator considers the sale to be in the best interest of the Federal Government.
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(2) The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrator’s control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government.
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(6) The Administrator may convey property sold under this section by the usual quitclaim deed.
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(2) When a State or a political subdivision of a State applies for a conveyance or transfer of real property of the Government in connection with an authorized widening of a public highway, street, or alley, the head of the executive agency that controls the affected real property may convey or transfer to the State or political subdivision, with or without consideration, an interest in the real property that the agency head determines is not adverse to the interests of the Government. A conveyance or transfer under this subsection is subject to terms and conditions the agency head considers necessary to protect the interests of the Government.
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(b) Property voluntarily abandoned to any agency in a way that vests title to the property in the Government may be retained by the agency and devoted to official use only. If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator of General Services to that effect, and the Administrator, within a reasonable time, shall—(1) order the agency to deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or(2) order disposal of the property as otherwise provided by law.
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(2) order disposal of the property as otherwise provided by law.
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(1) An agency that seizes property that has been forfeited to the Government other than by court decree may retain the property and devote it only to official use instead of disposing of the property as otherwise provided by law if competent authority does not order the property returned to any claimant.
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(2) If the agency does not desire to retain the property, the head of the agency immediately shall notify the Administrator to that effect, and the property—(A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or(B) on order of the Administrator given within a reasonable time, shall be disposed of as otherwise provided by law.
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(A) if not ordered by competent authority to be returned to any claimant, or disposed of as otherwise provided by law, shall be delivered by the agency, on order of the Administrator given within a reasonable time, to another agency that requests the property and that the Administrator believes should be given the property; or
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(A) Before entry of a decree, the Administrator shall apply to the court to order delivery of the property in accordance with this paragraph.
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(B) If the agency that seized the property files a request for the property under paragraph (1), the Administrator shall apply to the court to order delivery of the property to the agency that seized the property.
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(C) If the agency that seized the property does not file a request for the property under paragraph (1) but another agency requests the property, the Administrator shall apply to the court to order delivery of the property to the requesting agency if the Administrator believes that the requesting agency should be given the property.
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(D) If application to the court cannot be made under subparagraph (B) or (C) and the Administrator believes the property may later become necessary to any agency for official use, the Administrator shall apply to the court to order delivery of the property to the agency that seized the property, to be retained in its custody. Within a reasonable time, the Administrator shall order the agency to—(i) deliver the property to another agency that requests the property and that the Administrator believes should be given the property; or(ii) dispose of the property as otherwise provided by law.
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(ii) dispose of the property as otherwise provided by law.
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(3) If forfeiture is decreed and the property is not ordered by competent authority to be returned to any claimant, the court shall order delivery as provided in paragraph (2).
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(4) The court shall dispose of property for which no application is made in accordance with law.
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(e) Retention or delivery of forfeited or abandoned property under this section is deemed to be a sale of the property for the purpose of laws providing for informer’s fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed for official use shall be disposed of in the same manner as other surplus property.
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(1) The appropriation available to an agency for the purchase, hire, operation, maintenance, and repair of any property is available for—(A) the payment of expenses of operation, maintenance, and repair of property of the same kind the agency receives under this section for official use;(B) the payment of a lien recognized and allowed under law;(C) the payment of amounts found to be due a person on the authorized remission or mitigation of a forfeiture; and(D) reimbursement of other agencies as provided in paragraph (2).
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(A) the payment of expenses of operation, maintenance, and repair of property of the same kind the agency receives under this section for official use;
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(2) The agency that receives property under this section shall pay the cost of hauling, transporting, towing, and storing the property. If the property is later delivered to another agency for official use under this section, the agency to which the property is delivered shall make reimbursement for all of those costs incurred prior to the date the property is delivered.
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(2) This section does not repeal any other laws relating to the disposition of forfeited or abandoned property, except provisions of those laws directly in conflict with this section which were enacted prior to August 27, 1935.
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(3) The following classes of property are not subject to allocation under this section, but shall be disposed of in the manner otherwise provided by law:(A) narcotic drugs, as defined in the Controlled Substances Act (21 U.S.C. 801 et seq.).(B) firearms, as defined in section 5845 of the Internal Revenue Code of 1986 (26 U.S.C. 5845).(C) other classes or kinds of property the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.
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(C) other classes or kinds of property the disposal of which the Administrator, with the approval of the Secretary, may consider in the public interest, and may by regulation provide.
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The President, or an officer, agent, or agency the President may designate, may dispose of any securities acquired on behalf of the Federal Government under the provisions of the Transportation Act of 1920 (ch. 91, 41 Stat. 456), including any securities acquired as an incident to a case under title 11, under a receivership or reorganization proceeding, by assignment, transfer, substitution, or issuance, or by acquisition of collateral given for the payment of obligations to the Government, or may make arrangements for the extension of the maturity of the securities, in the manner, in amounts, at prices, for cash, securities, or other property or any combination of cash, securities, or other property, and on terms and conditions the President or designee considers advisable and in the public interest.
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The Administrator of General Services may make contracts and provisions for the preservation, sale, or collection of property, or the proceeds of property, which may have been wrecked, been abandoned, or become derelict, if the Administrator considers the contracts and provisions to be in the interest of the Federal Government and the property is within the jurisdiction of the United States and should come to the Government. A contract may provide compensation the Administrator considers just and reasonable to any person who gives information about the property or actually preserves, collects, surrenders, or pays over the property. Under each specific agreement for obtaining, preserving, collecting, or receiving property or making property available, the costs or claim chargeable to the Government may not exceed amounts realized and received by the Government.
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(a) Real estate that has become the property of the Federal Government in payment of a debt which afterward is fully paid in money and received by the Government may be conveyed by the Administrator of General Services to the debtor from whom it was taken or to the heirs or devisees of the debtor or the person that they may appoint.
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(1) In a judicial proceeding under the laws of a State, district, territory, or possession of the United States, when property owned or held by the Federal Government, or in which the Government has or claims an interest, is seized, arrested, attached, or held for the security or satisfaction of a claim made against the property, the Attorney General may direct the United States Attorney for the district in which the property is located to enter a stipulation that on discharge of the property from the seizure, arrest, attachment, or proceeding, the person asserting the claim against the property becomes entitled to all the benefits of this section.
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(A) recognize or concede any right to enforce by seizure, arrest, attachment, or any judicial process a claim against property—(i) of the Government; or(ii) held, owned, or employed by the Government, or by a department of the Government, for a public use; or
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(b) After a discharge, a final judgment which affirms the claim for the security or satisfaction and the right of the person asserting the claim to enforce it against the property, notwithstanding the claims of the Government, is deemed to be a full and final determination of the rights of the person and entitles the person, as against the Government, to the rights the person would have had if possession of the property had not been changed. When the claim is for the payment of money found to be due, presentation of an authenticated copy of the record of the judgment and proceedings is sufficient evidence to the proper accounting officers for the allowance of the claim, which shall be allowed and paid out of amounts in the Treasury not otherwise appropriated. The amount allowed and paid shall not exceed the value of the interest of the Government in the property.
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(2) The term “real property of the Government” excludes—(A) public land (including minerals, vegetative, and other resources) in the United States, including—(i) land reserved or dedicated for national forest purposes;(ii) land the Secretary of the Interior administers or supervises in accordance with section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54;(iii) Indian-owned trust and restricted land; and(iv) land the Government acquires primarily for fish and wildlife conservation purposes and the Secretary administers;(B) land withdrawn from the public domain primarily under the jurisdiction of the Secretary; and(C) land acquired for national forest purposes.
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(b) When a State, a political subdivision or agency of a State, or a person applies for the grant of an easement in, over, or on real property of the Government, the executive agency having control of the real property may grant to the applicant, on behalf of the Government, an easement that the head of the agency decides will not be adverse to the interests of the Government, subject to reservations, exceptions, limitations, benefits, burdens, terms, or conditions that the head of the agency considers necessary to protect the interests of the Government. The grant may be made without consideration, or with monetary or other consideration, including an interest in real property.
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(c) In connection with the grant of an easement, the executive agency concerned may relinquish to the State in which the real property is located legislative jurisdiction that the executive agency considers necessary or desirable. Relinquishment of legislative jurisdiction may be accomplished by filing with the chief executive officer of the State a notice of relinquishment to take effect upon acceptance or by proceeding in the manner that the laws applicable to the State may provide.
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(a) To the extent provided for by transfers made pursuant to the Homeland Security Act of 2002, the Secretary of Homeland Security (in this section referred to as the “Secretary”) shall protect the buildings, grounds, and property that are owned, occupied, or secured by the Federal Government (including any agency, instrumentality, or wholly owned or mixed-ownership corporation thereof) and the persons on the property.
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(1) The Secretary may designate employees of the Department of Homeland Security, including employees transferred to the Department from the Office of the Federal Protective Service of the General Services Administration pursuant to the Homeland Security Act of 2002, as officers and agents for duty in connection with the protection of property owned or occupied by the Federal Government and persons on the property, including duty in areas outside the property to the extent necessary to protect the property and persons on the property.
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(A) enforce Federal laws and regulations for the protection of persons and property;
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(1) The Secretary, in consultation with the Administrator of General Services, may prescribe regulations necessary for the protection and administration of property owned or occupied by the Federal Government and persons on the property. The regulations may include reasonable penalties, within the limits prescribed in paragraph (2), for violations of the regulations. The regulations shall be posted and remain posted in a conspicuous place on the property.
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(1) On the request of the head of a Federal agency having charge or control of property owned or occupied by the Federal Government, the Secretary may detail officers and agents designated under this section for the protection of the property and persons on the property.
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(A) extend to property referred to in paragraph (1) the applicability of regulations prescribed under this section and enforce the regulations as provided in this section; or
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(e) For the protection of property owned or occupied by the Federal Government and persons on the property, the Secretary may enter into agreements with Federal agencies and with State and local governments to obtain authority for officers and agents designated under this section to enforce Federal laws and State and local laws concurrently with other Federal law enforcement officers and with State and local law enforcement officers.
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(2) restrict the authority of the Administrator of General Services to promulgate regulations affecting property under the Administrator’s custody and control.
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(a) Guide dogs or other service animals accompanying individuals with disabilities and especially trained and educated for that purpose shall be admitted to any building or other property owned or controlled by the Federal Government on the same terms and conditions, and subject to the same regulations, as generally govern the admission of the public to the property. The animals are not permitted to run free or roam in a building or on the property and must be in guiding harness or on leash and under the control of the individual at all times while in a building or on the property.
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(b) The head of each department or other agency of the Government may prescribe regulations the individual considers necessary in the public interest to carry out this section as it applies to any building or other property subject to the individual’s jurisdiction.
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(a) Public money may not be expended to purchase land or any interest in land unless the Attorney General gives prior written approval of the sufficiency of the title to the land for the purpose for which the Federal Government is acquiring the property.
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(2) A department or agency of the Government that has been delegated the responsibility to approve land titles under this section may request the Attorney General to render an opinion as to the validity of the title to any real property or interest in the property, or may request the advice or assistance of the Attorney General in connection with determinations as to the sufficiency of titles.
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(1) Compensation shall be determined and awarded in the proceeding and established by judgment. The judgment shall include interest, in accordance with section 3116 of this title, on the amount finally awarded as the value of the property as of the date of taking and shall be awarded from that date to the date of payment. Interest shall not be allowed on as much of the compensation as has been paid into the court. Amounts paid into the court shall not be charged with commissions or poundage.
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(b) When the Government has taken or may take title to real property during a condemnation proceeding and in advance of final judgment in the proceeding and has become irrevocably committed to pay the amount ultimately to be awarded as compensation, and the Attorney General believes that title to the property has been vested in the Government or that all persons having an interest in the property have been made parties to the proceeding and will be bound by the final judgment, the Government may expend amounts appropriated for that purpose to demolish existing structures on the property and to erect public buildings or public works on the property.
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In any condemnation proceeding brought by or on behalf of the Federal Government, the Attorney General may stipulate or agree on behalf of the Government to exclude any part of the property, or any interest in the property, taken by or on behalf of the Government by a declaration of taking or otherwise.
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(a) The state authority charged with enforcing and requiring compliance with the state workers’ compensation laws and with the orders, decisions, and awards of the authority may apply the laws to all land and premises in the State which the Federal Government owns or holds by deed or act of cession, and to all projects, buildings, constructions, improvements, and property in the State and belonging to the Government, in the same way and to the same extent as if the premises were under the exclusive jurisdiction of the State in which the land, premises, projects, buildings, constructions, improvements, or property are located.
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The Administrator of General Services, and the United States Postal Service where that office is concerned, may accept on behalf of the Federal Government unconditional gifts of property in aid of any project or function within their respective jurisdictions.
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(ii) that is on property of the Government in foreign countries;
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(iii) that is on Indian and native Eskimo property held in trust by the Government;
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(d) When the Administrator is to acquire a site under subsection (b), the Administrator, if the Administrator considers it necessary, by public advertisement may solicit proposals for the sale, donation, or exchange of real property to the Federal Government to be used as the site. In selecting a site under subsection (b) the Administrator (with the concurrence of the United States Postal Service if any part of the public building to be constructed on the site is to be used for post office purposes) may—(1) select the site that the Administrator believes is the most advantageous to the Government, all factors considered; and
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(2) Laws relating to landscaping, open space, minimum distance of a building from the property line, maximum height of a building, historic preservation, esthetic qualities of a building, and other similar laws.
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In this chapter, the term “Capitol Buildings” means the United States Capitol, the Senate and House Office Buildings and garages, the Capitol Power Plant, all buildings on the real property described under section 5102(c) (including the Administrative Building of the United States Botanic Garden)1 all buildings on the real property described under section 5102(d), all subways and enclosed passages connecting two or more of those structures, and the real property underlying and enclosed by any of those structures.
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(B) damage to, or destruction of, real or personal property.
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(B) a device designed to expel or hurl a projectile capable of causing injury to individuals or property, a dagger, a dirk, a stiletto, and a knife having a blade over three inches in length.
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(2) comprise any property under the custody and control of the Supreme Court as part of the Supreme Court grounds, including property acquired as provided by law on behalf of the Federal Government in lots 2, 3, 800, 801, and 802 in square 758 in the District of Columbia as an addition to the grounds of the Supreme Court Building and that parcel transferred under the Supreme Court Grounds Transfer Act of 2005.
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(1) the adequate protection of the Supreme Court Building and grounds and of individuals and property in the Building and grounds; and
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(1) to police the Supreme Court Building and grounds and adjacent streets to protect individuals and property;
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(B) to protect the Supreme Court Building and grounds and individuals and property in the Building and grounds.
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(c) If during the commission of a violation described in subsection (a), public property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years.
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(C) All other buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) that the Smithsonian Institution acquires and that the Secretary of the Smithsonian Institution determines to be necessary for the adequate protection of individuals or property in the Smithsonian Institution and suitable for administration as a part of the Smithsonian Institution.
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(B) All other buildings, service roads, walks, and other areas within the exterior boundaries of any real estate or land or interest in land (including temporary use) that the National Gallery of Art acquires and that the Director of the National Gallery of Art determines to be necessary for the adequate protection of individuals or property in the National Gallery of Art and suitable for administration as a part of the National Gallery of Art.
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(1) the adequate protection of the specified buildings and grounds and individuals and property in those buildings and grounds; and
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(B) to protect the specified buildings and grounds and persons and property in those buildings and on those grounds.
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(1) If in the commission of a violation described in subsection (a), property is damaged in an amount exceeding $100, the period of imprisonment for the offense may be not more than five years.
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(2) The Building and other improvements constructed under this chapter are not subject to any law of the District of Columbia relating to real estate and personal property taxes, special assessments, or other taxes, including any such law enacted by Congress.
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(2) has all the rights and authorities of the former Pennsylvania Avenue Development Corporation with regard to property transferred from the Corporation to the General Services Administration in fiscal year 1996.
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(1) The Administrator may use amounts transferred from the Corporation or income earned on Corporation property for activities associated with carrying out the responsibilities of the Corporation transferred to the Administrator. Any income earned after October 1, 1998, shall be deposited to the Federal Buildings Fund to be available for the purposes authorized under this subchapter, notwithstanding section 592(c)(1) of this title.
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(c) With respect to real property transferred from the Corporation to the Administrator under section 6702 of this title, the Administrator shall pay to the District of Columbia government, in the same way as previously paid by the Corporation, an amount equal to the amount of real property tax which would have been payable to the government beginning on the date the Corporation acquired the real property if legal title to the property had been held by a private citizen on that date and during all periods to which that date relates.
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(2) The Administration has the rights, title, and interest of the Corporation in and to all property held in the name of the Corporation, except as provided in subsection (c).
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(i) the Willard Hotel property on Square 225;
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(E) the disposition of real estate properties which are or become available for sale and lease or other uses;
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(F) payment of benefits in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.) to which persons in the project area squares are entitled as a result of the Corporation’s acquisition of real estate; and
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(A) acquire land, improvements, and property by purchase, lease or exchange, and sell, lease, or otherwise dispose of any property, as necessary to complete the development plan developed under section 5 of the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1269) if a notice of intention to carry out the acquisition or disposal is first transmitted to the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate and at least 60 days elapse after the date of the transmission;
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(F) use all of the amount transferred from the Corporation or income earned on Corporation property to complete any pending development projects.
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(1) The National Park Service has the right, title, and interest in and to the property located in the Pennsylvania Avenue National Historic Site, including the parks, plazas, sidewalks, special lighting, trees, sculpture, and memorials, depicted on a map entitled “Pennsylvania Avenue National Historic Park”, dated June 1, 1995, and numbered 840–82441. The map shall be on file and available for public inspection in the offices of the Service.
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(a) The Administrator of General Services may use the services of the District of Columbia government in the administration of a relocation program pursuant to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). The Administrator shall reimburse the government for the cost of the services.
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(c) An owner or tenant of real property whose residence or business is terminated as a result of acquisitions made pursuant to this subchapter or the Pennsylvania Avenue Development Corporation Act of 1972 (Public Law 92–578, 86 Stat. 1266) shall be granted a preferential right to lease or purchase from the Administrator similar real property as may become available for a similar use. The preferential right is limited to the parties in interest and is not transferable or assignable.
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(A) the property owned by the Federal Government in the District of Columbia, known as the “Great Plaza” site, which consists of squares 256, 257, 258, parts of squares 259 and 260, and adjacent closed rights-of-way as shown on plate IV of the King Plats of 1803 located in the Office of the Surveyor of the District of Columbia; and
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(B) except for purposes of section 6733(a) of this title, any property the Pennsylvania Avenue Development Corporation acquired under section 3(b) of the Federal Triangle Development Act (Public Law 100–113, 101 Stat. 736).
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(1) For purposes of development of the Federal Triangle property, the person selected to develop the property is not subject to any state or local law relating to building permits and inspection.
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In this subchapter, the term “Union Station complex” means real property, air rights, and improvements the Secretary of the Interior leased under sections 101–110 of the National Visitors Center Facilities Act of 1968 (Public Law 90–264, 82 Stat. 43) and property acquired and improvements made in accordance with this subchapter.
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The Secretary of Transportation may make agreements and contracts, except an agreement or contract to sell property rights at the Union Station complex, with a person, a federal, regional, or local agency, or the Architect of the Capitol that the Secretary considers necessary or desirable to carry out the purposes of this subchapter.
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(a) The Secretary of Transportation may acquire for the Federal Government an interest in real property (including easements or reservations) and any other property interest (including contract rights) in or relating or adjacent to the Union Station complex that the Secretary considers necessary to carry out the purposes of this subchapter.
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(b) The Secretary may maintain, use, operate, manage, and lease, either directly, by contract, or through development agreements, any property interest the Secretary holds or acquires for the Government under this subchapter in the manner and subject to the terms, conditions, covenants, and easements that the Secretary considers necessary or desirable to carry out the purposes of this subchapter.
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(2) a person or entity from conducting business on property immediately adjacent to a building described in paragraph (1).
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(a) Laws and regulations of the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the Federal Government in the District of Columbia.
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(5) removes any stone, gravel, sand, or other property of the Government, or any other part of the public grounds or lots belonging to the Government in the District of Columbia.
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(3) prevent the erection of any permanent building on property reserved to or for the use of the Government, unless plainly authorized by law; and
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(b) This section does not interfere with the temporary and proper occupation of any part of the property described in subsection (a), by lawful authority, for the legitimate purposes of the Government.
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(a) Federal and District of Columbia authorities administering properties in the District that are owned by the Federal Government or by the District may transfer jurisdiction over any part of the property among or between themselves for purposes of administration and maintenance under conditions the parties agree on. The National Capital Planning Commission shall recommend the transfer before it is completed.
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The Director of the National Park Service has jurisdiction over all public spaces resulting from the filling of canals in the original city of Washington that were not under the jurisdiction of the Chief of Engineers of the United States Army as of August 1, 1914, except spaces included in the navy yard or in actual use as roadways and sidewalks and spaces assigned by law to the District of Columbia for use as a property yard and the location of a sewage pumping station. The spaces shall be laid out as reservations as a part of the park system of the District of Columbia.
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(b) The Administrator may furnish steam from the central heating plant for the use of the Board of Governors of the Federal Reserve System on the property which the Board acquired in squares east of 87 and east of 88 in the District of Columbia if the Board agrees to—(1) pay for the steam furnished at reasonable rates the Administrator determines but that are at least equal to cost; and(2) provide the necessary connections with the Government mains at its own expense and in a manner satisfactory to the Administrator.
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(3) Federal real property that on December 24, 1973, affronted or abutted the area described in paragraph (1) is deemed to be in the area. For the purposes of this paragraph, federal real property affronting or abutting the area described in paragraph (1)—(A) is deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory; and(B) does not include any area situated outside of the District of Columbia boundary as it existed immediately prior to December 24, 1973, any part of the Anacostia Park situated east of the northern side of the Eleventh Street Bridge, or any part of the Rock Creek Park.
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(2) The term “the District of Columbia and its environs” means those lands and properties administered by the National Park Service and the General Services Administration located in the Reserve, Area I, and Area II as depicted on the map entitled “Commemorative Areas Washington, DC and Environs”, numbered 869/86501 B, and dated June 24, 2003.
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The Chief of Engineers shall keep in the office a complete record of all land and other property connected with or belonging to the Washington Aqueduct and other public works under the charge of the Chief of Engineers, together with accurate plans and surveys of the public grounds and reservations in the District of Columbia.
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(6) accept, use, and dispose of gifts or donations of services or any property;
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(2) a service in support of the protection of intellectual property through a patent, a trademark, or any other means;
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(7) accept, use, and dispose of gifts or donations or services or real, personal, tangible, or intangible property;
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(1) that relates to property of the United States Postal Service that is chargeable to its officers or employees; or
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(2) The term “long-lines communication facilities” means the transmission systems connecting points inside the State with each other and with points outside the State by radio or wire, and includes all kinds of property and rights of way necessary to accomplish this interconnection.
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(b) The head of the agency concerned (or a designee of the head) shall execute documents for the transfer of title or other interest in property, except any mineral rights in the property, and take other action that the Secretary of Defense decides is necessary or proper to transfer the property under this chapter. A copy of a deed, lease, or other instrument executed by or on behalf of the head of the agency concerned purporting to transfer title or another interest in public land shall be provided to the Secretary of the Interior.
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(1) the Federal Government does not need to retain the property involved in the transfer for national defense purposes;
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(2) the average per capita tax burden, during the term of the collective bargaining agreement to which the arbitration relates, of the residents of the Washington metropolitan area, and the effect of an arbitration award rendered under that arbitration on the respective income or property tax rates of the jurisdictions that provide subsidy payments to the interstate compact agency established under the compact.
Citations to §102(10)
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(3) Disposing of surplus property.
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(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property;
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(3) If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.
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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.
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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.
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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.
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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.
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(A) 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.
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(B) This subsection does not apply to disposal or a contract for disposal of surplus property—(ii) by abandonment, destruction, or donation or through a contract broker.
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(3) 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.
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(2) 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.
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(ii) has been determined to be surplus property.
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(1) 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.
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(A) 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.
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(B) 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.
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(a) Not later than 30 days after the date on which the Administrator provides State agencies for surplus property an opportunity to review surplus computer or technology equipment under section 549, the Administrator shall, as appropriate, transfer full title to such surplus computer or technology equipment that is determined to be eligible under subsection (b)(1) to nonprofit computer refurbishers for repair, distribution, and subsequent transfer of full title of the equipment to eligible recipients under this section.
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(15) The term “State agency for surplus property” has the meaning given the term “state agency” under section 549(a).
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(1) The Administrator, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may assign to the Chief Executive Officer of the Corporation for National and Community Service for disposal surplus property that the Chief Executive Officer recommends as needed for national service activities.
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The Administrator of General Services, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may donate to the American National Red Cross for charitable purposes property that the American National Red Cross processed, produced, or donated and that has been determined to be surplus property.
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(2) determine whether any other disposition or proposed disposition of surplus property violates antitrust law.
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(B) sale, lease, or other disposition of surplus property.
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(A) From the fund described in paragraph (1), the Administrator may obligate an amount to pay the following direct expenses incurred for the use of excess property and the disposal of surplus property under this subtitle:(i) Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions.(ii) Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation.(iii) Advertising and surveying.
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(1) A federal agency that disposes of surplus property under this chapter may deposit, in a special account in the Treasury, amounts of the proceeds of the dispositions that the agency decides are necessary to permit—(A) appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and(B) payments for breach of warranty.
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(d) An executive agency entitled to receive cash under a contract for the lease, sale, or other disposition of surplus property may accept property instead of cash if the President determines that the property is strategic or critical material. The property is valued at the prevailing market price when the cash payment becomes due.
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(e) For a disposition of surplus property under this chapter, if credit has been extended, or if the disposition has been by lease or permit, the Administrator of General Services, in a manner and on terms the Administrator determines are in the best interest of the Federal Government—(1) shall administer and manage the credit, lease, or permit, and any security for the credit, lease, or permit; and(2) may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit.
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(A) determines that an unexpired portion of a lease of space to the Government is surplus property; and
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(1) not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 524(a)(7) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed—(A) to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis;(B) to improve the management of real property; and(C) to allow for comparison of the performance of Federal agencies against industry and other public sector agencies;
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(A) a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency;
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(i) In this section, surplus property shall not include—(1) any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note; Public Law 101–510));(2) any property that is excepted from the definition of the term “property” under section 102;(3) Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii);(4) real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.);(6) any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 (16 U.S.C. 1722)) administered by—(A) the Secretary of the Interior, acting through—(i) the Director of the Bureau of Land Management;(ii) the Director of the National Park Service;(iii) the Commissioner of Reclamation; or(iv) the Director of the United States Fish and Wildlife Service; or(B) the Secretary of Agriculture, acting through the Chief of the Forest Service; or(7) any property operated and maintained by the United States Postal Service.
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(a) Under regulations prescribed pursuant to subsection (b), foreign excess property may be returned to the United States for handling as excess or surplus property under subchapter II of chapter 5 of this title or section 549 or 551 of this title when the head of the executive agency concerned, or the Administrator of General Services after consultation with the agency head, determines that return of the property to the United States for such handling is in the interest of the United States.
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(e) Retention or delivery of forfeited or abandoned property under this section is deemed to be a sale of the property for the purpose of laws providing for informer’s fees or remission or mitigation of a forfeiture. Property acquired under this section when no longer needed for official use shall be disposed of in the same manner as other surplus property.
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In accordance with chapter 5 of this title, the head of an executive agency shall maintain an inventory of all computer equipment under the control of that official that is excess or surplus property.