SUBTITLE I - US CODE - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

TITLE 40 - US CODE - CHAPTER 1 - GENERAL

TITLE 40 - US CODE - SUBCHAPTER I - PURPOSE AND DEFINITIONS

40 USC 101 - Purpose

The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(3) Disposing of surplus property.
(4) Records management.

40 USC 102 - Definitions

The following definitions apply in chapters 1 through 7 of this title and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.):
(1) Care and handling.— 
The term care and handling includes
(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.
(2) Contractor inventory.— 
The term contractor inventory means
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the convenience or at the option of the Government.
(3) Excess property.— 
The term excess property means property under the control of a federal agency that the head of the agency determines is not required to meet the agencys needs or responsibilities.
(4) Executive agency.— 
The term executive agency means
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation.
(5) Federal agency.— 
The term federal agency means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol).
(6) Foreign excess property.— 
The term foreign excess property means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands.
(7) Motor vehicle.— 
The term motor vehicle means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding
(A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and
(B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control of the vehicle is essential for effective performance of duties.
(8) Nonpersonal services.— 
The term nonpersonal services means contractual services designated by the Administrator of General Services, other than personal and professional services.
(9) Property.— 
The term property means any interest in property except
(A) 
(i) the public domain;
(ii) land reserved or dedicated for national forest or national park purposes;
(iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and
(iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise;
(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and
(C) records of the Government.
(10) Surplus property.— 
The term surplus property means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.

TITLE 40 - US CODE - SUBCHAPTER II - SCOPE

40 USC 111 - Application to Federal Property and Administrative Services Act of 1949

In the following provisions, the words this subtitle are deemed to refer also to title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.):
(1) Section 101 of this title.
(2) Section 112 (a) of this title.
(3) Section 113 of this title.
(4) Section 121 (a) of this title.
(5) Section 121 (c)(1) of this title.
(6) Section 121 (c)(2) of this title.
(7) Section 121 (d)(1) and (2) of this title.
(8) Section 121 (e)(1) of this title.
(9) Section 121 (f) of this title.
(10) Section 121 (g) of this title.
(11) Section 122 (a) of this title.
(12) Section 123 (a) of this title.
(13) Section 123 (c) of this title.
(14) Section 124 of this title.
(15) Section 126 of this title.
(16) Section 311 (c) of this title.
(17) Section 313 (a) of this title.
(18) Section 528 of this title.
(19) Section 541 of this title.
(20) Section 549 (e)(3)(H)(i)(II) of this title.
(21) Section 557 of this title.
(22) Section 558 (a) of this title.
(23) Section 559 (f) of this title.
(24) Section 571 (b) of this title.
(25) Section 572 (a)(2)(A) of this title.
(26) Section 572 (b)(4) of this title.

40 USC 112 - Applicability of certain policies, procedures, and directives in effect on July 1, 1949

(a) In General.— 
A policy, procedure, or directive described in subsection (b) remains in effect until superseded or amended under this subtitle or other appropriate authority.
(b) Description.— 
A policy, procedure, or directive referred to in subsection (a) is one that was in effect on July 1, 1949, and that was prescribed by
(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;
(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I of the Federal Property and Administrative Services Act of 1949.

40 USC 113 - Limitations

(a) In General.— 
Except as otherwise provided in this section, the authority conferred by this subtitle is in addition to any other authority conferred by law and is not subject to any inconsistent provision of law.
(b) Limitation Regarding the Office of Federal Procurement Policy Act.— 
The authority conferred by this subtitle is subject to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(c) Limitation Regarding Certain Government Corporations and Agencies.— 
Sections 121 (b) and 506 (c) of this title do not apply to a Government corporation or agency that is subject to chapter 91 of title 31.
(d) Limitation Regarding Congress.— 
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.
(e) Other Limitations.— 
Nothing in this subtitle impairs or affects the authority of
(1) the President under the Philippine Property Act of 1946 (22 U.S.C. 1381 et seq.);
(2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(3) an executive agency named in chapter 137 of title 10, and the head of the agency, with respect to the administration of that chapter;
(4) the Secretary of Defense with respect to property required for or located in occupied territories;
(5) the Secretary of Defense with respect to the administration of section 2535 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.);
(8) the Secretary of Agriculture under
(A) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(B) the Farmers Home Administration Act of 1946 (ch. 964, 60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), with respect to the exportation and domestic consumption of agricultural products;
(D) section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or
(E) section 203(j) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622 (j));
(9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property;
(10) the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of
(A) residential property; or
(B) other property
(i) acquired or held as part of, or in connection with, residential property; or
(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), or any other law;
(11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501 (c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other law;
(18) the Secretary of the Interior with respect to procurement for program operations under the Bonneville Project Act of 1937 (16 U.S.C. 832 et seq.);
(19) the Secretary of State with respect to the furnishing of facilities in foreign countries and reception centers within the United States; or
(20) the Office of the Director of National Intelligence.

TITLE 40 - US CODE - SUBCHAPTER III - ADMINISTRATIVE AND GENERAL

40 USC 121 - Administrative

(a) Policies Prescribed by the President.— 
The President may prescribe policies and directives that the President considers necessary to carry out this subtitle. The policies must be consistent with this subtitle.
(b) Accounting Principles and Standards.— 

(1) Prescription.— 
The Comptroller General, after considering the needs and requirements of executive agencies, shall prescribe principles and standards of accounting for property.
(2) Property accounting systems.— 
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) Compliance review.— 
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.
(c) Regulations by Administrator.— 

(1) General authority.— 
The Administrator may prescribe regulations to carry out this subtitle.
(2) Required regulations and orders.— 
The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrators 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.
(d) Delegation of Authority by Administrator.— 

(1) In general.— 
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.
(2) Exceptions.— 
The Administrator may not delegate
(A) the authority to prescribe regulations on matters of policy applying to executive agencies;
(B) the authority to transfer functions and related allocated amounts from one component of the Administration to another under paragraphs (1)(C) and (2)(A) of subsection (e); or
(C) other authority for which delegation is prohibited by this subtitle.
(3) Retention and use of rental payments.— 
A department or agency to which the Administrator has delegated authority to operate, maintain or repair a building or facility under this subsection shall retain the portion of the rental payment that the Administrator determines is available to operate, maintain or repair the building or facility. The department or agency shall directly expend the retained amounts to operate, maintain, or repair the building or facility. Any amounts retained under this paragraph shall remain available until expended for these purposes.
(e) Assignment of Functions by Administrator.— 

(1) In general.— 
The Administrator may provide for the performance of a function assigned under this subtitle by any of the following methods:
(A) The Administrator may direct the Administration to perform the function.
(B) The Administrator may designate or establish a component of the Administration and direct the component to perform the function.
(C) The Administrator may transfer the function from one component of the Administration to another.
(D) The Administrator may direct an executive agency to perform the function for itself, with the consent of the agency or by direction of the President.
(E) The Administrator may direct one executive agency to perform the function for another executive agency, with the consent of the agencies concerned or by direction of the President.
(F) The Administrator may provide for performance of a function by a combination of the methods described in this paragraph.
(2) Transfer of resources.— 

(A) Within administration.— 
If the Administrator transfers a function from one component of the Administration to another, the Administrator may also provide for the transfer of appropriate allocated amounts from the component that previously carried out the function to the component being directed to carry out the function. A transfer under this subparagraph must be reported to the Director of the Office of Management and Budget.
(B) Between agencies.— 
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.
(f) Advisory Committees.— 
The Administrator may establish advisory committees to provide advice on any function of the Administrator under this subtitle. Members of the advisory committees shall serve without compensation but are entitled to transportation and not more than $25 a day instead of expenses under section 5703 of title 5.
(g) Consultation With Federal Agencies.— 
The Administrator shall advise and consult with interested federal agencies and seek their advice and assistance to accomplish the purposes of this subtitle.
(h) Administering Oaths.— 
In carrying out investigative duties, an officer or employee of the Administration, if authorized by the Administrator, may administer an oath to an individual.

40 USC 122 - Prohibition on sex discrimination

(a) Prohibition.— 
With respect to a program or activity carried on or receiving federal assistance under this subtitle, an individual may not be excluded from participation, denied benefits, or otherwise discriminated against based on sex.
(b) Enforcement.— 
Subsection (a) shall be enforced through agency provisions and rules similar to those already established with respect to racial and other discrimination under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). However, this remedy is not exclusive and does not prejudice or remove any other legal remedies available to an individual alleging discrimination.

40 USC 123 - Civil remedies for fraud

(a) In General.— 
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
(3) if the Government elects, shall restore to the Government the money or property fraudulently obtained, with the Government retaining as liquidated damages, the money, property, or other consideration given to the Government.
(b) Additional Remedies and Criminal Penalties.— 
The civil remedies provided in this section are in addition to all other civil remedies and criminal penalties provided by law.
(c) Immunity of Government Officials.— 
An officer or employee of the Government is not liable (except for an individuals 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.
(d) Jurisdiction and Venue.— 

(1) Definition.— 
In this subsection, the term district court means a district court of the United States or a district court of a territory or possession of the United States.
(2) In general.— 
A district court has original jurisdiction of an action arising under this section, and venue is proper, if at least one defendant resides or may be found in the courts judicial district. Jurisdiction and venue are determined without regard to the place where acts were committed.
(3) Additional defendant outside judicial district.— 
A defendant that does not reside and may not be found in the courts judicial district may be brought in by order of the court, to be served personally, by publication, or in another reasonable manner directed by the court.

40 USC 124 - Agency use of amounts for property management

Amounts appropriated, allocated, or available to a federal agency for purposes similar to the purposes in section 121 of this title or subchapter I (except section 506), II, or III of chapter 5 of this title may be used by the agency for the disposition of property under this subtitle, and for the care and handling of property pending the disposition, if the Director of the Office of Management and Budget authorizes the use.

40 USC 125 - Library memberships

Amounts appropriated may be used, when authorized by the Administrator of General Services, for payment in advance for library memberships in societies whose publications are available to members only, or to members at a lower price than that charged to the general public.

40 USC 126 - Reports to Congress

The Administrator of General Services, at times the Administrator considers desirable, shall submit a report to Congress on the administration of this subtitle. The report shall include any recommendation for amendment of this subtitle that the Administrator considers appropriate and shall identify any law that is obsolete because of the enactment or operation of this subtitle.

TITLE 40 - US CODE - CHAPTER 3 - ORGANIZATION OF GENERAL SERVICES ADMINISTRATION

TITLE 40 - US CODE - SUBCHAPTER I - GENERAL

40 USC 301 - Establishment

The General Services Administration is an agency in the executive branch of the Federal Government.

40 USC 302 - Administrator and Deputy Administrator

(a) Administrator.— 
The Administrator of General Services is the head of the General Services Administration. The Administrator is appointed by the President with the advice and consent of the Senate. The Administrator shall perform functions subject to the direction and control of the President.
(b) Deputy Administrator.— 
The Administrator shall appoint a Deputy Administrator of General Services. The Deputy Administrator shall perform functions designated by the Administrator. The Deputy Administrator is Acting Administrator of General Services during the absence or disability of the Administrator and, unless the President designates another officer of the Federal Government, when the office of Administrator is vacant.

40 USC 303 - Federal Acquisition Service

(a) Establishment.— 
There is established in the General Services Administration a Federal Acquisition Service. The Administrator of General Services shall appoint a Commissioner of the Federal Acquisition Service, who shall be the head of the Federal Acquisition Service.
(b) Functions.— 
Subject to the direction and control of the Administrator of General Services, the Commissioner of the Federal Acquisition Service shall be responsible for carrying out functions related to the uses for which the Acquisition Services Fund is authorized under section 321 of this title, including any functions that were carried out by the entities known as the Federal Supply Service and the Federal Technology Service and such other related functions as the Administrator considers appropriate.
(c) Regional Executives.— 
The Administrator may appoint Regional Executives in the Federal Acquisition Service, to carry out such functions within the Federal Acquisition Service as the Administrator considers appropriate.

40 USC 304 - Federal information centers

The Administrator of General Services may establish within the General Services Administration a nationwide network of federal information centers for the purpose of providing the public with information about the programs and procedures of the Federal Government and for other appropriate and related purposes.

40 USC 305 - Electronic Government and information technologies

The Administrator of General Services shall consult with the Administrator of the Office of Electronic Government on programs undertaken by the General Services Administration to promote electronic Government and the efficient use of information technologies by Federal agencies.

TITLE 40 - US CODE - SUBCHAPTER II - ADMINISTRATIVE

40 USC 311 - Personnel

(a) Appointment and Compensation.— 
The Administrator of General Services, subject to chapters 33 and 51 and subchapter III of chapter 53 of title 5, may appoint and fix the compensation of personnel necessary to carry out chapters 1, 3, and 5 of this title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(b) Temporary Employment.— 
The Administrator may procure the temporary or intermittent services of experts or consultants under section 3109 of title 5 to the extent the Administrator finds necessary to carry out chapters 1, 3, and 5 of this title and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.).
(c) Personnel From Other Agencies.— 
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.
(d) Detail of Field Personnel to District of Columbia.— 
The Administrator, in the Administrators discretion, may detail field personnel of the Administration to the District of Columbia for temporary duty for a period of not more than 30 days in any one case. Subsistence or similar expenses may not be allowed for an employee on temporary duty in the District of Columbia under this paragraph.

40 USC 312 - Transfer and use of amounts for major equipment acquisitions

(a) In General.— 
Subject to subsection (b), unobligated balances of amounts appropriated or otherwise made available to the General Services Administration for operating expenses and salaries and expenses may be transferred and merged into the Major equipment acquisitions and development activity of the Salaries and Expenses, General Management and Administration appropriation account for
(1) agency-wide acquisition of capital equipment, automated data processing systems; and
(2) financial management and management information systems needed to implement the Chief Financial Officers Act of 1990 (Public Law 101576, 104 Stat. 2838) and other laws or regulations.
(b) Requirements and Availability.— 

(1) Time for transfer.— 
Transfer of an amount under this section must be done no later than the end of the fifth fiscal year after the fiscal year for which the amount is appropriated or otherwise made available.
(2) Approval for use.— 
An amount transferred under this section may be used only with the advance approval of the Committees on Appropriations of the House of Representatives and the Senate.
(3) Availability.— 
An amount transferred under this section remains available until expended.

40 USC 313 - Tests of materials

(a) Scope.— 
This section applies to any article or commodity tendered by a producer or vendor for sale or lease to the General Services Administration or to any procurement authority acting under the direction and control of the Administrator of General Services pursuant to this subtitle.
(b) Authority To Conduct Tests.— 
The Administrator, in the Administrators discretion and with the consent of the producer or vendor, may have tests conducted, in a manner the Administrator specifies, to
(1) determine whether an article or commodity conforms to prescribed specifications and standards; or
(2) aid in the development of specifications and standards.
(c) Fees.— 

(1) In general.— 
The Administrator shall charge the producer or vendor a fee for the tests.
(2) Amount of fee if tests predominantly serve interest of producer or vendor.— 
If the Administrator determines that conducting the tests predominantly serves the interest of the producer or vendor, the Administrator shall fix the fee in an amount that will recover the costs of conducting the tests, including all components of the costs, determined in accordance with accepted accounting principles.
(3) Amount of fee if tests do not predominantly serve interest of producer or vendor.— 
If the Administrator determines that conducting the tests does not predominantly serve the interest of the producer or vendor, the Administrator shall fix the fee in an amount the Administrator determines is reasonable for furnishing the testing service.

TITLE 40 - US CODE - SUBCHAPTER III - FUNDS

40 USC 321 - Acquisition Services Fund

(a) Existence.— 
The Acquisition Services Fund is a special fund in the Treasury.
(b) Composition.— 

(1) In general.— 
The Fund is composed of amounts authorized to be transferred to the Fund or otherwise made available to the Fund.
(2) Other credits.— 
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.
(3) Cost and capital requirements.— 
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.
(4) Deposit of fees.— 
Fees collected by the Administrator under section 313 of this title may be deposited in the Fund to be used for the purposes of the Fund.
(c) Uses.— 

(1) In general.— 
The Fund is available for use by or under the direction and control of the Administrator for
(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 Public Printer, for warehouse issue, of standard forms, blankbook work, standard specifications, and other printed material in common use by federal agencies and not available through the Superintendent of Documents);
(ii) nonpersonal services; and
(iii) personal services related to the provision of information technology (as defined in section 11101 (6) of this title);
(B) paying the purchase price, cost of transportation of personal property and services, and cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property; and
(C) paying other direct costs of, and indirect costs that are reasonably related to, contracting, procurement, inspection, storage, management, distribution, and accountability of property and nonpersonal services provided by the General Services Administration or by special order through the Administration.
(2) Other uses.— 
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.
(d) Payment for Property and Services.— 

(1) In general.— 
For property or services procured through the Fund for requisitioning agencies, the agencies shall pay prices the Administrator fixes under this subsection.
(2) Prices fixed by administrator.— 
The Administrator shall fix prices at levels sufficient to recover
(A) so far as practicable
(i) the purchase price;
(ii) the transportation cost;
(iii) inventory losses;
(iv) the cost of personal services employed directly in the repair, rehabilitation, and conversion of personal property;
(v) the cost of personal services employed directly in providing information technology (as defined in section 11101 (6) of this title); and
(vi) the cost of amortization and repair of equipment used for lease or rent to executive agencies; and
(B) properly allocable costs payable by the Fund under subsection (c)(1)(C).
(3) Timing of payments.— 

(A) Payment in advance.— 
A requisitioning agency shall pay in advance when the Administrator determines that there is insufficient capital otherwise available in the Fund. Payment in advance may also be made under an agreement between a requisitioning agency and the Administrator.
(B) Prompt reimbursement.— 
If payment is not made in advance, the Administration shall be reimbursed promptly out of amounts of the requisitioning agency in accordance with accounting procedures approved by the Comptroller General.
(C) Failure to make prompt reimbursement.— 
The Administrator may obtain reimbursement by the issuance of transfer and counterwarrants, or other lawful transfer documents, supported by itemized invoices, if payment is not made by a requisitioning agency within 45 days after the later of
(i) the date of billing by the Administrator; or
(ii) the date on which actual liability for personal property or services is incurred by the Administrator.
(e) Reimbursement for Equipment Purchased for Congress.— 
The Administrator may accept periodic reimbursement from the Senate and from the House of Representatives for the cost of any equipment purchased for the Senate or the House of Representatives with money from the Fund. The amount of each periodic reimbursement shall be computed by amortizing the total cost of each item of equipment over the useful life of the equipment, as determined by the Administrator, in consultation with the Sergeant at Arms and Doorkeeper of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate.
(f) Transfer of Uncommitted Balances.— 
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.
(g) Audits.— 
The Comptroller General shall audit the Fund in accordance with the provisions of chapter 35 of title 31 and report the results of the audits.

40 USC 322 - Repealed. Pub. L. 109313, 3(h)(1), Oct. 6, 2006, 120 Stat. 1736]

Section, Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1076, related to an Information Technology Fund in the Treasury.

40 USC 323 - Consumer Information Center Fund

(a) Existence.— 
There is in the Treasury a Consumer Information Center Fund, General Services Administration, for the purpose of disseminating Federal Government consumer information to the public and for other related purposes.
(b) Deposits.— 
Money shall be deposited into the Fund from
(1) appropriations from the Treasury for Consumer Information Center activities;
(2) user fees from the public;
(3) reimbursements from other federal agencies for costs of distributing publications; and
(4) any other income incident to Center activities.
(c) Expenditures.— 
Money deposited into the Fund is available for expenditure for Center activities in amounts specified in appropriation laws. The Fund shall assume all liabilities, obligations, and commitments of the Center account.
(d) Unobligated Balances.— 
Any unobligated balances at the end of a fiscal year remain in the Fund and are available for authorization in appropriation laws for subsequent fiscal years.
(e) Gift Account.— 
The Center may accept and deposit to this account gifts for purposes of defraying the costs of printing, publishing, and distributing consumer information and educational materials and undertaking other consumer information activities. In addition to amounts appropriated or otherwise made available, the Center may expend the gifts for these purposes and any balance remains available for expenditure.

TITLE 40 - US CODE - CHAPTER 5 - PROPERTY MANAGEMENT

TITLE 40 - US CODE - SUBCHAPTER I - PROCUREMENT AND WAREHOUSING

40 USC 501 - Services for executive agencies

(a) Authority of Administrator of General Services.— 

(1) In general.— 
The Administrator of General Services shall take action under this subchapter for an executive agency
(A) to the extent that the Administrator of General Services determines that the action is advantageous to the Federal Government in terms of economy, efficiency, or service; and
(B) with due regard to the program activities of the agency.
(2) Exemption for defense.— 
The Secretary of Defense may exempt the Department of Defense from an action taken by the Administrator of General Services under this subchapter, unless the President directs otherwise, whenever the Secretary determines that an exemption is in the best interests of national security.
(b) Procurement and Supply.— 

(1) Functions.— 

(A) In general.— 
The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting.
(B) Public utility contracts.— 
A contract for public utility services may be made for a period of not more than 10 years.
(2) Policies and methods.— 

(A) In general.— 
The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and related functions.
(B) Controlling regulation.— 
Policies and methods prescribed by the Administrator of General Services under this paragraph are subject to regulations prescribed by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(c) Representation.— 
For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies
(1) in negotiations with carriers and other public utilities; and
(2) in proceedings involving carriers or other public utilities before federal and state regulatory bodies.
(d) Facilities.— 
The Administrator of General Services shall operate, for executive agencies, warehouses, supply centers, repair shops, fuel yards, and other similar facilities. After consultation with the executive agencies affected, the Administrator of General Services shall consolidate, take over, or arrange for executive agencies to operate the facilities.

40 USC 502 - Services for other entities

(a) Federal Agencies, Mixed-Ownership Government Corporations, and the District of Columbia.— 
On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in section 501 of this title to
(1) a federal agency;
(2) a mixed-ownership Government corporation (as defined in section 9101 of title 31); or
(3) the District of Columbia.
(b) Qualified Nonprofit Agencies.— 

(1) In general.— 
On request, the Administrator may provide, to the extent practicable, any of the services specified in section 501 of this title to an agency that is
(A) 
(i) a qualified nonprofit">nonprofit agency for the blind (as defined in section 5(3) of the Javits-Wagner-ODay Act (41 U.S.C. 48b (3))); or
(ii) a qualified nonprofit">nonprofit agency for other severely handicapped (as defined in section 5(4) of the Javits-Wagner-ODay Act (41 U.S.C. 48b (4))); and
(B) providing a commodity or service to the Federal Government under the Javits-Wagner-ODay Act (41 U.S.C. 46 et seq.).
(2) Use of services.— 
A nonprofit">nonprofit agency receiving services under this subsection shall use the services directly in making or providing to the Government a commodity or service that has been determined by the Committee for Purchase From People Who Are Blind or Severely Disabled under section 2 of the Javits-Wagner-ODay Act (41 U.S.C. 47) to be suitable for procurement by the Government.
(c) Use of Certain Supply Schedules.— 

(1) In general.— 
The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70).
(2) Voluntary use.— 
In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.
(3) Definitions.— 
In this subsection:
(A) The term State or local government includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education).
(B) The term tribal government means
(i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and
(ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).
(C) The term local educational agency has the meaning given that term in section 8013 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713).
(D) The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001 (a)).
(d) Use of Supply Schedules for Certain Goods and Services.— 

(1) In general.— 
The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for goods or services that are to be used to facilitate recovery from a major disaster declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) or to facilitate recovery from terrorism or nuclear, biological, chemical, or radiological attack.
(2) Determination by secretary of homeland security.— 
The Secretary of Homeland Security shall determine which goods and services qualify as goods and services described in paragraph (1) before the Administrator provides for the use of the Federal supply schedule relating to such goods and services.
(3) Voluntary use.— 
In the case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule.
(4) Definitions.— 
The definitions in subsection (c)(3) shall apply for purposes of this subsection.

40 USC 503 - Exchange or sale of similar items

(a) Authority of Executive Agencies.— 
In acquiring personal property, an executive agency may exchange or sell similar items and may apply the exchange allowance or proceeds of sale in whole or in part payment for the property acquired.
(b) Applicable Regulation and Law.— 

(1) Regulations prescribed by administrator of general services.— 
A transaction under subsection (a) must be carried out in accordance with regulations the Administrator of General Services prescribes, subject to regulations prescribed by the Administrator for Federal Procurement Policy under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(2) In writing.— 
A transaction under subsection (a) must be evidenced in writing.
(3) Section 3709 of revised statutes.— 
Section 3709 of the Revised Statutes (41 U.S.C. 5) applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under section 545 (d) of this title.

40 USC 504 - Agency cooperation for inspection

(a) Receiving Assistance.— 
An executive agency may use the services, work, materials, and equipment of another executive agency, with the consent of the other executive agency, to inspect personal property incident to procuring the property.
(b) Providing Assistance.— 
Notwithstanding section 1301 (a) of title 31 or any other law, an executive agency may provide services, work, materials, and equipment for purposes of this section without reimbursement or transfer of amounts.
(c) Policies and Methods.— 
The use or provision of services, work, materials, and equipment under this section must be in conformity with policies and methods the Administrator of General Services prescribes under section 501 of this title.

40 USC 505 - Exchange or transfer of medical supplies

(a) Excess Property Determination.— 

(1) In general.— 
Medical materials or supplies an executive agency holds for national emergency purposes are considered excess property for purposes of subchapter II when the head of the agency determines that
(A) the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and
(B) transfer or other disposal is in the national interest.
(2) Timing.— 
To the greatest extent practicable, the head of the agency shall make the determination in sufficient time to allow for the transfer or other disposal and use of medical materials or supplies before their shelf life expires and they are rendered unfit for human use.
(b) Transfer or Exchange.— 

(1) In general.— 
In accordance with regulations the Administrator of General Services prescribes, medical materials or supplies considered excess property may be transferred to another federal agency or exchanged with another federal agency for other medical materials or supplies.
(2) Use of proceeds.— 
Any proceeds derived from a transfer under this section may be credited to the current applicable appropriation or fund of the transferor agency and shall be available only to purchase medical materials or supplies to be held for national emergency purposes.
(3) Disposal as surplus property.— 
If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.

40 USC 506 - Inventory controls and systems

(a) Activities of the Administrator of General Services.— 

(1) In general.— 
Subject to paragraph (2), and after adequate advance notice to affected executive agencies, the Administrator of General Services may undertake the following activities as necessary to carry out functions under this chapter:
(A) Surveys and reports.— 
Survey and obtain executive agency reports on Federal Government property and property management practices.
(B) Inventory levels.— 
Cooperate with executive agencies to establish reasonable inventory levels for property stocked by them, and report any excessive inventory levels to Congress and to the Director of the Office of Management and Budget.
(C) Federal supply catalog system.— 
Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies.
(D) Standard purchase specifications and standard forms and procedures.— 
Prescribe standard purchase specifications and standard forms and procedures (except forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator for Federal Procurement Policy prescribes under the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(2) Special considerations regarding department of defense.— 

(A) In general.— 
The Administrator of General Services shall carry out activities under paragraph (1) with due regard to the requirements of the Department of Defense, as determined by the Secretary of Defense.
(B) Federal supply catalog system.— 
In establishing and maintaining a uniform federal supply catalog system under paragraph (1)(C), the Administrator of General Services and the Secretary shall coordinate to avoid unnecessary duplication.
(b) Activities of Federal Agencies.— 
Each federal agency shall use the uniformed federal supply catalog system, the standard purchase specifications, and the standard forms and procedures established under subsection (a), except as the Administrator of General Services, considering efficiency, economy, or other interests of the Government, may otherwise provide.
(c) Audit of Property Accounts.— 
The Comptroller General shall audit all types of property accounts and transactions. Audits shall be conducted at the time and in the manner the Comptroller General decides and as far as practicable at the place where the property or records of the executive agencies are kept. Audits shall include an evaluation of the effectiveness of internal controls and audits, and a general audit of the discharge of accountability for Government-owned or controlled property, based on generally accepted principles of auditing.

TITLE 40 - US CODE - SUBCHAPTER II - USE OF PROPERTY

40 USC 521 - Policies and methods

Subject to section 523 of this title, in order to minimize expenditures for property, the Administrator of General Services shall
(1) prescribe policies and methods to promote the maximum use of excess property by executive agencies; and
(2) provide for the transfer of excess property
(A) among federal agencies; and
(B) to the organizations specified in section 321 (c)(2) of this title.

40 USC 522 - Reimbursement for transfer of excess property

(a) In General.— 
Subject to subsections (b) and (c), the Administrator of General Services, with the approval of the Director of the Office of Management and Budget, shall prescribe the amount of reimbursement required for a transfer of excess property.
(b) Reimbursement at Fair Value.— 
The amount of reimbursement required for a transfer of excess property is the fair value of the property, as determined by the Administrator, if
(1) net proceeds are requested under section 574 (a) of this title; or
(2) either the transferor or the transferee agency (or the organizational unit affected) is
(A) subject to chapter 91 of title 31; or
(B) an organization specified in section 321 (c)(2) of this title.
(c) Distribution Through General Services Administration Supply Centers.— 
Excess property determined by the Administrator to be suitable for distribution through the supply centers of the General Services Administration shall be retransferred at prices set by the Administrator with due regard to prices established under section 321 (d) of this title.

40 USC 523 - Excess real property located on Indian reservations

(a) Procedures for Transfer.— 
The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs.
(b) Property Held in Trust.— 

(1) In general.— 
Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located.
(2) Special requirement for oklahoma.— 
The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property
(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or
(B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

40 USC 524 - Duties of executive agencies

(a) Required.— 
Each executive agency shall
(1) maintain adequate inventory controls and accountability systems for property under its control;
(2) continuously survey property under its control to identify excess property;
(3) promptly report excess property to the Administrator of General Services;
(4) perform the care and handling of excess property; and
(5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator.
(b) Required as Far as Practicable.— 
Each executive agency, as far as practicable, shall
(1) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase;
(2) transfer excess property under its control to other federal agencies and to organizations specified in section 321 (c)(2) of this title; and
(3) obtain excess property from other federal agencies.

40 USC 525 - Excess personal property for federal agency grantees

(a) General Prohibition.— 
A federal agency is prohibited from obtaining excess personal property for the purpose of furnishing the property to a grantee of the agency, except as provided in this section.
(b) Exception for Public Agencies and Tax-exempt Nonprofit Organizations.— 

(1) In general.— 
Under regulations the Administrator of General Services may prescribe, a federal agency may obtain excess personal property for the purpose of furnishing it to a public agency or an organization that is nonprofit">nonprofit and exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), if
(A) the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision;
(B) the property is to be furnished for use in connection with the grant; and
(C) 
(i) the sponsoring federal agency pays an amount equal to 25 percent of the original acquisition cost (except for costs of care and handling) of the excess property; and
(ii) the amount is deposited in the Treasury as miscellaneous receipts.
(2) Title.— 
Title to excess property obtained under this subsection vests in the grantee. The grantee shall account for and dispose of the property in accordance with procedures governing accountability for personal property acquired under grant agreements.
(c) Exception for Certain Property Furnished by Secretary of Agriculture.— 

(1) Definition.— 
In this subsection, the term State means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia.
(2) In general.— 
Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to
(A) a state[1] or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.);
(B) a state[1] experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or
(C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains title.
(d) Other Exceptions.— 
Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to
(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title;
(2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1870 (e));
(3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or
(4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452 (c)).
[1] So in original. Probably should be capitalized.

40 USC 526 - Temporary assignment of excess real property

(a) Assignment of Space.— 
The Administrator of General Services may temporarily assign or reassign space in excess real property to a federal agency, for use as office or storage space or for a related purpose, if the Administrator determines that assignment or reassignment is more advantageous than permanent transfer. The Administrator shall determine the duration of the assignment or reassignment.
(b) Reimbursement for Maintenance.— 
If there is no appropriation available to the Administrator for the expense of maintaining the space, the Administrator may obtain appropriate reimbursement from the federal agency.

40 USC 527 - Abandonment, destruction, or donation of property

The Administrator of General Services may authorize the abandonment or destruction of property, or the donation of property to a public body, if
(1) the property has no commercial value; or
(2) the estimated cost of continued care and handling exceeds the estimated proceeds from sale.

40 USC 528 - Utilization of excess furniture

A department or agency of the Federal Government may not use amounts provided by law to purchase furniture if the Administrator of General Services determines that requirements can reasonably be met by transferring excess furniture, including rehabilitated furniture, from other departments or agencies pursuant to this subtitle.

40 USC 529 - Annual executive agency reports on excess personal property

(a) In General.— 
During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services a report on personal property
(1) obtained as
(A) excess property; or
(B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and
(2) furnished within the United States to a recipient other than a federal agency.
(b) Required Information.— 
The report must set out the categories of equipment and show
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may require.

TITLE 40 - US CODE - SUBCHAPTER III - DISPOSING OF PROPERTY

40 USC 541 - Supervision and direction

Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle.

40 USC 542 - Care and handling

The disposal of surplus property, and the care and handling of the property pending disposition, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agency in possession of the property or by any other executive agency that agrees.

40 USC 543 - Method of disposition

An executive agency designated or authorized by the Administrator of General Services to dispose of surplus property may do so by sale, exchange, lease, permit, or transfer, for cash, credit, or other property, with or without warranty, on terms and conditions that the Administrator considers proper. The agency may execute documents to transfer title or other interest in the property and may take other action it considers necessary or proper to dispose of the property under this chapter.

40 USC 544 - Validity of transfer instruments

A deed, bill of sale, lease, or other instrument executed by or on behalf of an executive agency purporting to transfer title or other interest in surplus property under this chapter is conclusive evidence of compliance with the provisions of this chapter concerning title or other interest of a bona fide grantee or transferee for value and without notice of lack of compliance.

40 USC 545 - Procedure for disposal

(a) Public Advertising for Bids.— 

(1) Requirement.— 

(A) In general.— 
Except as provided in subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes.
(B) Exceptions.— 
This subsection does not apply to disposal or a contract for disposal of surplus property
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a contract broker.
(2) Time, method, and terms.— 
The time, method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of the property involved.
(3) Public disclosure.— 
Bids must be publicly disclosed at the time and place stated in the advertisement.
(4) Awards.— 
An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so.
(b) Negotiated Disposal.— 
Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if
(1) necessary in the public interest
(A) during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or
(B) for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator;
(2) the public health, safety, or national security will be promoted by a particular disposal of personal property;
(3) public exigency will not allow delay incident to advertising certain personal property;
(4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national economy, and the estimated fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;
(5) the estimated fair market value of the property involved does not exceed $15,000;
(6) after advertising under subsection (a), the bid prices for the property, or part of the property, are not reasonable or have not been independently arrived at in open competition;
(7) with respect to real property, the character or condition of the property or unusual circumstances make it impractical to advertise publicly for competitive bids and the fair market value of the property and other satisfactory terms of disposal can be obtained by negotiation;
(8) the disposal will be to a State, territory, or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the estimated fair market value of the property and other satisfactory terms of disposal are obtained by negotiation; or
(9) otherwise authorized by law.
(c) Disposal Through Contract Brokers.— 
Disposals and contracts for disposal of surplus real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public notice of the availability of the property for disposal.
(d) Negotiated Sale at Fixed Price.— 

(1) Authorization.— 
The Administrator may make a negotiated sale of personal property at a fixed price, either directly or through the use of a disposal contractor, without regard to subsection (a). However, the sale must be publicized to an extent consistent with the value and nature of the property involved and the price established must reflect the estimated fair market value of the property. Sales under this subsection are limited to categories of personal property for which the Administrator determines that disposal under this subsection best serves the interests of the Government.
(2) First offer.— 
Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price under this subsection may be offered first to an entity specified in subsection (b)(8) that has expressed an interest in the property.
(e) Explanatory Statements for Negotiated Disposals.— 

(1) Requirement.— 

(A) In general.— 
Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of
(i) personal property that has an estimated fair market value in excess of $15,000;
(ii) real property that has an estimated fair market value in excess of $100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)(v) of this subparagraph;
(iii) real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000 for any year;
(iv) real property disposed of by lease for a term of more than 5 years, if the total estimated rent over the term of the lease is more than $100,000; or
(v) real property or real and related personal property disposed of by exchange, regardless of value, or any property for which any part of the consideration is real property.
(B) Exception.— 
An explanatory statement is not required for a disposal of personal property under subsection (d), or for a disposal of real or personal property authorized by any other law to be made without advertising.
(2) Transmittal to congress.— 
The explanatory statement shall be transmitted to the appropriate committees of Congress in advance of the disposal, and a copy of the statement shall be preserved in the files of the executive agency making the disposal.
(3) Listing in report.— 
A report of the Administrator under section 126 of this title must include a listing and description of any negotiated disposals of surplus property having an estimated fair market value of more than $15,000, in the case of real property, or $5,000, in the case of any other property, other than disposals for which an explanatory statement has been transmitted under this subsection.
(f) Applicability of Other Law.— 
Section 3709 of the Revised Statutes (41 U.S.C. 5) does not apply to a disposal or contract for disposal made under this section.

40 USC 546 - Contractor inventories

Subject to regulations of the Administrator of General Services, an executive agency may authorize a contractor or subcontractor with the agency to retain or dispose of contractor inventory.

40 USC 547 - Agricultural commodities, foods, and cotton or woolen goods

(a) Policies.— 
The Administrator of General Services shall consult with the Secretary of Agriculture to formulate policies for the disposal of surplus agricultural commodities, surplus foods processed from agricultural commodities, and surplus cotton or woolen goods. The policies shall be formulated to prevent surplus agricultural commodities, or surplus foods processed from agricultural commodities, from being dumped on the market in a disorderly manner and disrupting the market prices for agricultural commodities.
(b) Transfers to Department of Agriculture.— 

(1) In general.— 
The Administrator shall transfer without charge to the Department of Agriculture any surplus agricultural commodities, foods, and cotton or woolen goods for disposal, when the Secretary determines that a transfer is necessary for the Secretary to carry out responsibilities for price support or stabilization.
(2) Deposit of receipts.— 
Receipts resulting from disposal by the Department under this subsection shall be deposited pursuant to any authority available to the Secretary. When applicable, however, net proceeds from the sale of surplus property transferred under this subsection shall be credited pursuant to section 572 (a) of this title.
(3) Limitation of sales.— 
Surplus farm commodities transferred under this subsection may not be sold, other than for export, in quantities exceeding, or at prices less than, the applicable quantities and prices for sales of those commodities by the Commodity Credit Corporation.

40 USC 548 - Surplus vessels

The Maritime Administration shall dispose of surplus vessels of 1,500 gross tons or more which the Administration determines to be merchant vessels or capable of conversion to merchant use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and other laws authorizing the sale of such vessels.

40 USC 549 - Donation of personal property through state agencies

(a) Definitions.— 
In this section, the following definitions apply:
(1) Public agency.— 
The term public agency means
(A) a State;
(B) a political subdivision of a State (including a unit of local government or economic development district);
(C) a department, agency, or instrumentality of a State (including instrumentalities created by compact or other agreement between States or political subdivisions); or
(D) an Indian tribe, band, group, pueblo, or community located on a state reservation.
(2) State.— 
The term State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, the Northern Mariana Islands, and American Samoa.
(3) State agency.— 
The term state agency means an agency designated under state law as the agency responsible for fair and equitable distribution, through donation, of property transferred under this section.
(b) Authorization.— 

(1) In general.— 
The Administrator of General Services, in the Administrators discretion and under regulations the Administrator may prescribe, may transfer property described in paragraph (2) to a state agency.
(2) Property.— 

(A) In general.— 
Property referred to in paragraph (1) is any personal property that
(i) is under the control of an executive agency; and
(ii) has been determined to be surplus property.
(B) Special rule.— 
In determining whether the property is to be transferred for donation under this section, no distinction may be made between property capitalized in a working-capital fund established under section 2208 of title 10 (or similar fund) and any other property.
(3) No cost.— 
Transfer of property under this section is without cost, except for any costs of care and handling.
(c) Allocation and Transfer of Property.— 

(1) In general.— 
The Administrator shall allocate and transfer property under this section in accordance with criteria that are based on need and use and that are established after consultation with state agencies to the extent feasible. The Administrator shall give fair consideration, consistent with the established criteria, to an expression of need and interest from a public agency or other eligible institution within a State. The Administrator shall give special consideration to an eligible recipients request, transmitted through the state agency, for a specific item of property.
(2) Allocation among states.— 
The Administrator shall allocate property among the States on a fair and equitable basis, taking into account the condition of the property as well as the original acquisition cost of the property.
(3) Recipients and purposes.— 
The Administrator shall transfer to a state agency property the state agency selects for distribution through donation within the State
(A) to a public agency for use in carrying out or promoting, for residents of a given political area, a public purpose, including conservation, economic development, education, parks and recreation, public health, and public safety; or
(B) for purposes of education or public health (including research), to a nonprofit">nonprofit educational or public health institution or organization that is exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), including
(i) a medical institution, hospital, clinic, health center, or drug abuse treatment center;
(ii) a provider of assistance to homeless individuals or to families or individuals whose annual incomes are below the poverty line (as that term is defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902));
(iii) a school, college, or university;
(iv) a school for the mentally retarded or physically handicapped;
(v) a child care center;
(vi) a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station;
(vii) a museum attended by the public;
(viii) a library serving free all residents of a community, district, State, or region; or
(ix) a historic light station as defined under section 308(e)(2) of the National Historic Preservation Act (16 U.S.C. 470w–7 (e)(2)), including a historic light station conveyed under subsection (b) of that section, notwithstanding the number of hours that the historic light station is open to the public.
(4) Exception.— 
This subsection does not apply to property transferred under subsection (d).
(d) Department of Defense Property.— 

(1) Determination.— 
The Secretary of Defense shall determine whether surplus personal property under the control of the Department of Defense is usable and necessary for educational activities which are of special interest to the armed services, including maritime academies, or military, naval, Air Force, or Coast Guard preparatory schools.
(2) Property usable for special interest activities.— 
If the Secretary of Defense determines that the property is usable and necessary for educational activities which are of special interest to the armed services, the Secretary shall allocate the property for transfer by the Administrator to the appropriate state agency for distribution through donation to the educational activities.
(3) Property not usable for special interest activities.— 
If the Secretary of Defense determines that the property is not usable and necessary for educational activities which are of special interest to the armed services, the property may be disposed of in accordance with subsection (c).
(e) State Plan of Operation.— 

(1) In general.— 
Before property may be transferred to a state agency, the State shall develop a detailed state plan of operation, in accordance with this subsection and with state law.
(2) Procedure.— 

(A) Consideration of needs and resources.— 
In developing and implementing the state plan of operation, the relative needs and resources of all public agencies and other eligible institutions in the State shall be taken into consideration. The Administrator may consult with interested federal agencies to obtain their views concerning the administration and operation of this section.
(B) Publication and period for comment.— 
The state plan of operation, and any major amendment to the plan, may not be filed with the Administrator until 60 days after general notice of the proposed plan or amendment has been published and interested persons have been given at least 30 days to submit comments.
(C) Certification.— 
The chief executive officer of the State shall certify and submit the state plan of operation to the Administrator.
(3) Requirements.— 

(A) State agency.— 
The state plan of operation shall include adequate assurance that the state agency has
(i) the necessary organizational and operational authority and capability including staff, facilities, and means and methods of financing; and
(ii) established procedures for accountability, internal and external audits, cooperative agreements, compliance and use reviews, equitable distribution and property disposal, determination of eligibility, and assistance through consultation with advisory bodies and public and private groups.
(B) Equitable distribution.— 
The state plan of operation shall provide for fair and equitable distribution of property in the State based on the relative needs and resources of interested public agencies and other eligible institutions in the State and their abilities to use the property.
(C) Management control and accounting systems.— 
The state plan of operation shall require, for donable property transferred under this section, that the state agency use management control and accounting systems of the same type as systems required by state law for state-owned property. However, with approval from the chief executive officer of the State, the state agency may elect to use other management control and accounting systems that are effective to govern the use, inventory control, accountability, and disposal of property under this section.
(D) Return and redistribution for non-use.— 
The state plan of operation shall require the state agency to provide for the return and redistribution of donable property if the property, while still usable, has not been placed in use for the purpose for which it was donated within one year of donation or ceases to be used by the donee for that purpose within one year of being placed in use.
(E) Request by recipient.— 
The state plan of operation shall require the state agency, to the extent practicable, to select property requested by a public agency or other eligible institution in the State and, if requested by the recipient, to arrange shipment of the property directly to the recipient.
(F) Service charges.— 
If the state agency is authorized to assess and collect service charges from participating recipients to cover direct and reasonable indirect costs of its activities, the method of establishing the charges shall be set out in the state plan of operation. The charges shall be fair and equitable and shall be based on services the state agency performs, including screening, packing, crating, removal, and transportation.
(G) Terms, conditions, reservations, and restrictions.— 

(i) In general.— 
The state plan of operation shall provide that the state agency
(I) may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under subsection (c); and
(II) shall impose reasonable terms, conditions, reservations, and restrictions on the use of a passenger motor vehicle and any item of property having a unit acquisition cost of $5,000 or more.
(ii) Special limitations.— 
If the Administrator finds that an item has characteristics that require special handling or use limitations, the Administrator may impose appropriate conditions on the donation of the property.
(H) Unusable property.— 

(i) Disposal.— 
The state plan of operation shall provide that surplus personal property which the state agency determines cannot be used by eligible recipients shall be disposed of
(I) subject to the disapproval of the Administrator within 30 days after notice to the Administrator, through transfer by the state agency to another state agency or through abandonment or destruction if the property has no commercial value or if the estimated cost of continued care and handling exceeds estimated proceeds from sale; or
(II) under this subtitle, on terms and conditions and in a manner the Administrator prescribes.
(ii) Proceeds from sale.— 
Notwithstanding subchapter IV of this chapter and section 702 of this title, the Administrator, from the proceeds of sale of property described in subsection (b), may reimburse the state agency for expenses that the Administrator considers appropriate for care and handling of the property.
(f) Cooperative Agreements With State Agencies.— 

(1) Parties to the agreement.— 
For purposes of carrying out this section, a cooperative agreement may be made between a state surplus property distribution agency designated under this section and
(A) the Administrator;
(B) the Secretary of Education, for property transferred under section 550 (c) of this title;
(C) the Secretary of Health and Human Services, for property transferred under section 550 (d) of this title; or
(D) the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services.
(2) Shared resources.— 
The cooperative agreement may provide that the property, facilities, personnel, or services of
(A) a state agency may be used by a federal agency; and
(B) a federal agency may be made available to a state agency.
(3) Reimbursement.— 
The cooperative agreement may require payment or reimbursement for the use or provision of property, facilities, personnel, or services. Payment or reimbursement received from a state agency shall be credited to the fund or appropriation against which charges would otherwise be made.
(4) Surplus property transferred to state agency.— 

(A) In general.— 
Under the cooperative agreement, surplus property transferred to a state agency for distribution pursuant to subsection (c) may be retained by the state agency for use in performing its functions. Unless otherwise directed by the Administrator, title to the retained property vests in the state agency.
(B) Conditions.— 
Retention of surplus property under this paragraph is subject to conditions that may be imposed by
(i) the Administrator;
(ii) the Secretary of Education, for property transferred under section 550 (c) of this title; or
(iii) the Secretary of Health and Human Services, for property transferred under section 550 (d) of this title.

40 USC 550 - Disposal of real property for certain purposes

(a) Definition.— 
In this section, the term State includes the District of Columbia, Puerto Rico, and the territories and possessions of the United States.
(b) Enforcement and Revision of Instruments Transferring Property Under This Section.— 

(1) In general.— 
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.
(2) Specified official.— 
The official referred to in paragraph (1) is
(A) the Secretary of Education, for property transferred under subsection (c) for school, classroom, or other educational use;
(B) the Secretary of Health and Human Services, for property transferred under subsection (d) for use in the protection of public health, including research;
(C) the Secretary of the Interior, for property transferred under subsection (e) for public park or recreation area use;
(D) the Secretary of Housing and Urban Development, for property transferred under subsection (f) to provide housing or housing assistance for low-income individuals or families; and
(E) the Secretary of the Interior, for property transferred under subsection (h) for use as a historic monument for the benefit of the public.
(c) Property for School, Classroom, or Other Educational Use.— 

(1) Assignment.— 
The Administrator, in the Administrators 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.
(2) Sale or lease.— 
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">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)).
(3) Fixing value.— 
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.
(d) Property for Use in the Protection of Public Health, Including Research.— 

(1) Assignment.— 
The Administrator, in the Administrators 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.
(2) Sale or lease.— 
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)).
(3) Fixing value.— 
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.
(e) Property for Use as a Public Park or Recreation Area.— 

(1) Assignment.— 
The Administrator, in the Administrators 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.
(2) Sale or lease.— 
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.
(3) Fixing value.— 
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.
(4) Deed of conveyance.— 
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.
(f) Property for Low Income Housing Assistance.— 

(1) Assignment.— 
The Administrator, in the Administrators 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.
(2) Sale or lease.— 
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">nonprofit organization that exists for the primary purpose of providing housing or housing assistance for low-income individuals or families.
(3) Self-help housing.— 

(A) In general.— 
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.
(B) Guidelines for considering disabilities.— 
For purposes of fulfilling self-help requirements under paragraph (3)(A)(i), the Administrator shall ensure that nonprofit">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)).
(4) Fixing value.— 

(A) In general.— 
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">nonprofit organization.
(B) Amount of discount.— 
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.
(g) Property for National Service Activities.— 

(1) Assignment.— 
The Administrator, in the Administrators 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.
(2) Sale, lease, or donation.— 
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.).
(3) Fixing value.— 
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.
(h) Property for Use as a Historic Monument.— 

(1) Conveyance.— 

(A) In general.— 
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.
(B) Recommendation by national park system advisory board.— 
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 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act). Only the portion of the property that is necessary for the preservation and proper observation of the propertys historic features may be determined to be suitable and desirable for use as a historic monument.
(2) Revenue-producing activity.— 

(A) In general.— 
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 grantees plan for repair, rehabilitation, restoration, and maintenance of the property;
(iii) approves the grantees plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and
(iv) examines and approves the accounting and financial procedures used by the grantee.
(B) Use of excess income.— 
The Secretary of the Interior may approve a grantees financial plan only if the plan provides that the grantee shall use income exceeding the cost of repair, rehabilitation, restoration, and maintenance only for public historic preservation, park, or recreational purposes.
(C) Audits.— 
The Secretary of the Interior may periodically audit the records of the grantee that are directly related to the property conveyed.
(3) Deed of conveyance.— 
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.

40 USC 551 - Donations to American Red Cross

The Administrator of General Services, in the Administrators 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.

40 USC 552 - Abandoned or unclaimed property on Government premises

(a) Authority To Take Property.— 
The Administrator of General Services may take possession of abandoned or unclaimed property on premises owned or leased by the Federal Government and determine when title to the property vests in the Government. The Administrator may use, transfer, or otherwise dispose of the property.
(b) Claim Filed by Former Owner.— 
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.

40 USC 553 - Property for correctional facility, law enforcement, and emergency management response purposes

(a) Definition.— 
In this section, the term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mariana Islands.
(b) Authority To Transfer Property.— 
The Administrator of General Services, in the Administrators 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.
(c) No Monetary Consideration.— 
A transfer or conveyance under this section shall be made without monetary consideration to the Federal Government.
(d) Deed of Conveyance.— 
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.
(e) Enforcement and Revision of Instruments Transferring Property Under This Section.— 
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.

40 USC 554 - Property for development or operation of a port facility

(a) Definitions.— 
In this section, the following definitions apply:
(1) Base closure law.— 
The term base closure law has the meaning given that term in section 101 (a)(17) of title 10.
(2) State.— 
The term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.
(b) Authority for Assignment to the Secretary of Transportation.— 
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.
(c) Authority for Conveyance by the Secretary of Transportation.— 

(1) In general.— 
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.
(2) Conveyance requirements.— 
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.
(d) No Monetary Consideration.— 
A conveyance under this section shall be made without monetary consideration to the Federal Government.
(e) Deed of Conveyance.— 
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.
(f) Enforcement and Revision of Instruments Transferring Property Under This Section.— 
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.

40 USC 555 - Donation of law enforcement canines to handlers

The head of a federal agency having control of a canine that has been used by a federal agency in the performance of law enforcement duties and that has been determined by the agency to be no longer needed for official purposes may donate the canine to an individual who has experience handling canines in the performance of those duties.

40 USC 556 - Disposal of dredge vessels

(a) In General.— 
The Administrator of General Services, pursuant to sections 521 through 527, 529, and 549 of this title, may dispose of a United States Army Corps of Engineers vessel used for dredging, together with related equipment owned by the Federal Government and under the control of the Chief of Engineers, if the Secretary of the Army declares the vessel to be in excess of federal needs.
(b) Recipients and Purposes.— 
Disposal under this section is accomplished
(1) through sale or lease to
(A) a foreign government as part of a Corps of Engineers technical assistance program;
(B) a federal or state maritime academy for training purposes; or
(C) a non-federal public body for scientific, educational, or cultural purposes; or
(2) through sale solely for scrap to foreign or domestic interests.
(c) No Dredging Activities.— 
A vessel described in subsection (a) shall not be disposed of under any law for the purpose of engaging in dredging activities within the United States.
(d) Deposit of Amounts Collected.— 
Amounts collected from the sale or lease of a vessel or equipment under this section shall be deposited into the revolving fund authorized by section 101 (9th par.) of the Civil Functions Appropriation[1] Act, 1954 (33 U.S.C. 576), to be available, as provided in appropriation laws, for the operation and maintenance of vessels under the control of the Corps of Engineers.
[1] So in original. Probably should be “Appropriations”.

40 USC 557 - Donation of books to Free Public Library

Subject to regulations under this subtitle, a book that is no longer needed by an executive department, bureau, or commission of the Federal Government, and that is not an advisable addition to the Library of Congress, shall be turned over to the Free Public Library of the District of Columbia for general use if the book is appropriate for the Free Public Library.

40 USC 558 - Donation of forfeited vessels

(a) In General.— 
A vessel that is forfeited to the Federal Government may be donated, in accordance with procedures under this subtitle, to an eligible institution described in subsection (b).
(b) Eligible Institution.— 
An eligible institution referred to in subsection (a) is an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program. The institution must certify to the federal officer making the donation that the program includes, at a minimum, all of the following courses in vessel safety:
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c) Terms and Conditions.— 
The donation of a vessel under this section shall be made on terms and conditions considered appropriate by the federal officer making the donation. All of the following terms and conditions are required:
(1) No warranty.— 
The institution must accept the vessel as is, where it is, and without warranty of any kind and without any representation as to its condition or suitability for use.
(2) Maintenance.— 
The institution is responsible for maintaining the vessel.
(3) Instruction only.— 
The vessel may be used only for instructing students in a vessel safety education and training program.
(4) Documentation.— 
If the vessel is eligible to be documented, it must be documented by the institution as a vessel of the United States under chapter 121 of title 46. The requirements of paragraph (5) must be noted on the permanent record of the vessel.
(5) Disposal.— 
The institution must obtain prior approval from the Administrator of General Services before disposing of the vessel and any proceeds from disposal shall be payable to the Government.
(6) Inspection or regulation.— 
The vessel shall be inspected or regulated in the same manner as a nautical school vessel under chapter 33 of title 46.
(d) Government Liability.— 
The Government is not liable in an action arising out of the transfer or use of a vessel transferred under this section.

40 USC 559 - Advice of Attorney General with respect to antitrust law

(a) Definition.— 
In this section, the term antitrust law includes
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq., 29 U.S.C. 52, 53);
(3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.); and
(4) sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8, 9).
(b) Advice Required.— 

(1) In general.— 
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.
(2) Exception.— 
This section does not apply to disposal of
(A) real property, if the estimated fair market value is less than $3,000,000; or
(B) personal property (other than a patent, process, technique, or invention), if the estimated fair market value is less than $3,000,000.
(c) Notice to Attorney General.— 

(1) In general.— 
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.
(2) Copy.— 
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.
(d) Advice From Attorney General.— 
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.
(e) Request for Information.— 
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.
(f) No Effect on Antitrust Law.— 
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.

TITLE 40 - US CODE - SUBCHAPTER IV - PROCEEDS FROM SALE OR TRANSFER

40 USC 571 - General rules for deposit and use of proceeds

(a) Deposit in Treasury as Miscellaneous Receipts.— 

(1) In general.— 
Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts.
(2) Proceeds.— 
The proceeds referred to in paragraph (1) are proceeds under this chapter from a
(A) transfer of excess property to a federal agency for agency use; or
(B) sale, lease, or other disposition of surplus property.
(b) Payment of Expenses of Sale Before Deposit.— 
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.

40 USC 572 - Real property

(a) In General.— 

(1) Separate fund.— 
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.
(2) Payment of expenses from the fund.— 

(A) Authority.— 
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.
(B) Limitations.— 

(i) Percentage limitation.— 
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.
(ii) Determination of maximum amount.— 
The Director of the Office of Management and Budget each quarter shall determine the maximum amount that may be obligated under this paragraph.
(C) Direct payment or reimbursement.— 
An amount obligated under this paragraph may be used to pay an expense directly or to reimburse a fund or appropriation that initially paid the expense.
(3) Transfer to miscellaneous receipts.— 
At least once each year, excess amounts beyond current operating needs shall be transferred from the fund described in paragraph (1) to miscellaneous receipts.
(4) Report.— 
A report of receipts, disbursements, and transfers to miscellaneous receipts under this subsection shall be made annually, in connection with the budget estimate, to the Director and to Congress.
(b) Real Property Under Control of a Military Department.— 

(1) Definitions.— 
In this subsection, the following definitions apply:
(A) Military installation.— 
The term military installation has the meaning given that term in section 2687 (e)(1) of title 10.
(B) Base closure law.— 
The term base closure law has the meaning given that term in section 101 (a)(17) of title 10.
(2) Application.— 

(A) In general.— 
This subsection applies to real property, including any improvement on the property, that is under the control of a military department and that the Secretary of the department determines is excess to the departments needs.
(B) Exceptions.— 
This subsection does not apply to
(i) damaged or deteriorated military family housing facilities conveyed under section 2854a of title 10; or
(ii) property at a military installation designated for closure or realignment pursuant to a base closure law.
(3) Transfer between military departments.— 
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.
(4) Alternative disposition by administrator of general services.— 
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.
(5) Proceeds.— 

(A) Deposit in special account.— 
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.
(B) Availability of amount deposited.— 
To the extent provided in an appropriation law, an amount deposited in a special account under subparagraph (A) is available for facility maintenance and repair or environmental restoration as follows:
(i) In the case of property located at a military installation that is closed, the amount is available for facility maintenance and repair or environmental restoration by the military department that had jurisdiction over the property before the closure of the military installation.
(ii) In the case of property located at any other military installation
(I) 50 percent of the amount is available for facility maintenance and repair or environmental restoration at the military installation where the property was located before it was disposed of or transferred; and
(II) 50 percent of the amount is available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred.
(6) Report.— 
As part of the annual request for authorizations of appropriations to the Committees on Armed Services of the Senate and the House of Representatives, the Secretary of Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal year preceding the fiscal year in which the request is made. The accounting shall include a detailed explanation of each transfer and disposal and of the use of the proceeds received from it by the Department of Defense.

40 USC 573 - Personal property

The Administrator of General Services may retain from the proceeds of sales of personal property the Administrator conducts amounts necessary to recover, to the extent practicable, costs the Administrator (or the Administrators 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.

40 USC 574 - Other rules regarding proceeds

(a) Credit to Reimbursable Fund or Appropriation.— 

(1) Application.— 
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.
(2) In general.— 
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.
(3) Calculation of net proceeds.— 
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.
(4) Alternative credit to miscellaneous receipts.— 
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.
(b) Special Account for Refunds or Payments for Breach.— 

(1) Deposits.— 
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.
(2) Withdrawals.— 
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.
(c) Credit to Cost of Contractor’s Work.— 
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.
(d) Acceptance of Property Instead of Cash.— 
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.
(e) Management of Credit, Leases, and Permits.— 
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.

TITLE 40 - US CODE - SUBCHAPTER V - OPERATION OF BUILDINGS AND RELATED ACTIVITIES

40 USC 581 - General authority of Administrator of General Services

[(a) Repealed. Pub. L. 107–296, title XVII, § 1706(a)(1), Nov. 25, 2002, 116 Stat. 2316.]
(b) Personnel and Equipment.— 
The Administrator of General Services may
(1) employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and
(2) purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing.
(c) Acquisition and Management of Property.— 

(1) Real estate.— 
The Administrator may acquire, by purchase, condemnation, or otherwise, real estate and interests in real estate.
(2) Ground rent.— 
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.
(3) Rent and repairs under a lease.— 
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.
(4) Repairs that are economically advantageous.— 
The Administrator may repair, alter, or improve rented premises if the Administrator determines that doing so is advantageous to the Government in terms of economy, efficiency, or national security. The Administrators determination must
(A) set forth the circumstances that make the repair, alteration, or improvement advantageous; and
(B) show that the total cost (rental, repair, alteration, and improvement) for the expected life of the lease is less than the cost of alternative space not needing repair, alteration, or improvement.
(5) Insurance proceeds for defense industrial reserve.— 
At the direction of the Secretary of Defense, the Administrator may use insurance proceeds received for damage to property that is part of the Defense Industrial Reserve to repair or restore the property.
(6) Maintenance contracts.— 
The Administrator may enter into a contract, for a period not exceeding five years, for the inspection, maintenance, and repair of fixed equipment in a federally owned building.
(d) Lease of Federal Building Sites.— 

(1) In general.— 
The Administrator may lease a federal building site or addition, including any improvements, until the site is needed for construction purposes. The lease must be for fair rental value and on other terms and conditions the Administrator considers to be in the public interest pursuant to section 545 of this title.
(2) Negotiation without advertising.— 
A lease under this subsection may be negotiated without public advertising for bids if
(A) the lessee is
(i) the former owner from whom the Government acquired the property; or
(ii) the former owners tenant in possession; and
(B) the lease is negotiated incident to or in connection with the acquisition of the property.
(3) Deposit of rent.— 
Rent received under this subsection may be deposited into the Federal Buildings Fund.
(e) Assistance to the Inaugural Committee.— 
The Administrator may provide direct assistance and special services for the Inaugural Committee (as defined in section 501 of title 36) during an inaugural period in connection with Presidential inaugural operations and functions. Assistance and services under this subsection may include
(1) employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5;
(2) providing Government-owned and leased space for personnel and parking;
(3) paying overtime to guard and custodial forces;
(4) erecting and removing stands and platforms;
(5) providing and operating first-aid stations;
(6) providing furniture and equipment; and
(7) providing other incidental services in the discretion of the Administrator.
(f) Utilities for Defense Industrial Reserve and Surplus Property.— 
The Administrator may
(1) provide utilities and services, if the utilities and services are not provided by other sources, to a person, firm, or corporation occupying or using a plant or portion of a plant that constitutes
(A) any part of the Defense Industrial Reserve pursuant to section 2535 of title 10; or
(B) surplus real property; and
(2) credit an amount received for providing utilities and services under this subsection to an applicable appropriation of the Administration.
(g) Obtaining Payments.— 
The Administrator may
(1) obtain payments, through advances or otherwise, for services, space, quarters, maintenance, repair, or other facilities furnished, on a reimbursable basis, to a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia; and
(2) credit the payments to the applicable appropriation of the Administration.
(h) Cooperative Use of Public Buildings.— 

(1) Leasing space for commercial and other purposes.— 
The Administrator may lease space on a major pedestrian access level, courtyard, or rooftop of a public building to a person, firm, or organization engaged in commercial, cultural, educational, or recreational activity (as defined in section 3306 (a) of this title). The Administrator shall establish a rental rate for leased space equivalent to the prevailing commercial rate for comparable space devoted to a similar purpose in the vicinity of the public building. The lease may be negotiated without competitive bids, but shall contain terms and conditions and be negotiated pursuant to procedures that the Administrator considers necessary to promote competition and to protect the public interest.
(2) Occasional use of space for non-commercial purposes.— 
The Administrator may make available, on occasion, or lease at a rate and on terms and conditions that the Administrator considers to be in the public interest, an auditorium, meeting room, courtyard, rooftop, or lobby of a public building to a person, firm, or organization engaged in cultural, educational, or recreational activity (as defined in section 3306 (a) of this title) that will not disrupt the operation of the building.
(3) Deposit and credit of amounts received.— 
The Administrator may deposit into the Federal Buildings Fund an amount received under a lease or rental executed pursuant to paragraph (1) or (2). The amount shall be credited to the appropriation from the Fund applicable to the operation of the building.
(4) Furnishing utilities and maintenance.— 
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.

40 USC 582 - Management of buildings by Administrator of General Services

(a) Request by Federal Agency or Instrumentality.— 
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.
(b) Transfer of Functions by Director of the Office of Management and Budget.— 

(1) In general.— 
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.
(2) Exception for post-office buildings.— 
A transfer of functions shall not be made under this subsection for a post-office building, unless the Director determines that the building is not used predominantly for post-office purposes. The Administrator may delegate functions with respect to a post-office building that are transferred to the Administrator under this subsection only to another officer or employee of the General Services Administration or to the Postmaster General.
(3) Exception for buildings in a foreign country.— 
A transfer of functions shall not be made under this subsection for a building located in a foreign country.
(4) Exception for department of defense buildings.— 
A transfer of functions shall not be made under this subsection for a building located on the grounds of a facility of the Department of Defense (including a fort, camp, post, arsenal, navy yard, naval training station, airfield, proving ground, military supply depot, or school) unless and only to the extent that the Secretary of Defense has issued a permit for use by another agency.
(5) Exception for groups of special purpose buildings.— 
A transfer of functions shall not be made under this subsection for a building that the Director finds to be a part of a group of buildings that are
(A) located in the same vicinity;
(B) used wholly or predominantly for the special purposes of the agency with custody of the buildings; and
(C) not generally suitable for use by another agency.
(6) Exception for certain government buildings.— 
A transfer of functions shall not be made under this subsection for the Treasury Building, the Bureau of Engraving and Printing Building, the buildings occupied by the National Institute of Standards and Technology, and the buildings under the jurisdiction of the regents of the Smithsonian Institution.

40 USC 583 - Construction of buildings

(a) Authority.— 
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 Generals approval of the title to the site; and
(3) contract for, and supervise, the construction, development, and equipping of a building or project.
(b) Transfer of Amounts.— 
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.

40 USC 584 - Assignment and reassignment of space

(a) Authority.— 

(1) In general.— 
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.
(2) Requirements.— 
The Administrators authority under paragraph (1) may be exercised only
(A) in accordance with policies and directives the President prescribes under section 121 (a) of this title;
(B) after consultation with the head of the executive agency affected; and
(C) on a determination by the Administrator that the assignment or reassignment is advantageous to the Government in terms of economy, efficiency, or national security.
(b) Priority for Public Access.— 
In assigning space on a major pedestrian access level (other than space leased under section 581 (h)(1) or (2) of this title), the Administrator shall, where practicable, give priority to federal activities requiring regular contact with the public. If the space is not available, the Administrator shall provide space with maximum ease of access to building entrances.

40 USC 585 - Lease agreements

(a) In General.— 

(1) Authority.— 
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.
(2) Terms.— 
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.
(b) Sublease.— 

(1) Application.— 
This subsection applies to rent received if the Administrator
(A) determines that an unexpired portion of a lease of space to the Government is surplus property; and
(B) disposes of the property by sublease.
(2) Use of rent.— 
Notwithstanding section 571 (a) of this title, the Administrator may deposit rent received into the Federal Buildings Fund. The Administrator may defray from the fund any costs necessary to provide services to the Governments lessee and to pay the rent (not otherwise provided for) on the lease of the space to the Government.
(c) Amounts for Rent Available for Lease of Buildings on Government Land.— 
Amounts made available to the General Services Administration for the payment of rent may be used to lease space, for a period of not more than 30 years, in buildings erected on land owned by the Government.

40 USC 586 - Charges for space and services

(a) Definition.— 
In this section, space and services means space, services, quarters, maintenance, repair, and other facilities.
(b) Charges by Administrator of General Services.— 

(1) In general.— 
The Administrator of General Services shall impose a charge for furnishing space and services.
(2) Rates.— 
The Administrator shall, from time to time, determine the rates to be charged for furnishing space and services and shall prescribe regulations providing for the rates. The rates shall approximate commercial charges for comparable space and services. However, for a building for which the Administrator is responsible for alterations only (as the term alter is defined in section 3301 (a) of this title), the rates shall be fixed to recover only the approximate cost incurred in providing alterations.
(3) Exemptions.— 
The Administrator may exempt anyone from the charges required by this subsection when the Administrator determines that charges would be infeasible or impractical. To the extent an exemption is granted, appropriations to the General Services Administration are authorized to reimburse the Federal Buildings Fund for any loss of revenue.
(c) Charges by Executive Agencies.— 

(1) In general.— 
An executive agency, other than the Administration, may impose a charge for furnishing space and services at rates approved by the Administrator.
(2) Crediting amounts received.— 
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.
(d) Rent Payments for Lease Space.— 
An agency may make rent payments to the Administration for lease space relating to expansion needs of the agency. Payment rates shall approximate commercial charges for comparable space as provided in subsection (b). Payments shall be deposited into the Federal Buildings Fund. The Administration may use amounts received under this subsection, in addition to amounts received as New Obligational Authority, in the Rental of Space activity of the Fund.

40 USC 587 - Telecommuting and other alternative workplace arrangements

(a) Definition.— 
In this section, the term telecommuting centers means flexiplace work telecommuting centers.
(b) Telecommuting Centers Established by Administrator of General Services.— 

(1) Establishment.— 
The Administrator of General Services may acquire space for, establish, and equip telecommuting centers for use in accordance with this subsection.
(2) Use.— 
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.
(3) User fees.— 
The Administrator shall charge a user fee for the use of a telecommuting center. The amount of the user fee shall approximate commercial charges for comparable space and services. However, the user fee may not be less than necessary to pay the cost of establishing and operating the telecommuting center, including the reasonable cost of renovation and replacement of furniture, fixtures, and equipment.
(4) Deposit and use of fees.— 
The Administrator may
(A) deposit user fees into the Federal Buildings Fund and use the fees to pay costs incurred in establishing and operating the telecommuting center; and
(B) accept and retain income received by the General Services Administration, from federal agencies and non-federal sources, to defray costs directly associated with the functions of telecommuting centers.
(c) Development of Alternative Workplace Arrangements by Executive Agencies and Others.— 

(1) Definition.— 
In this subsection, the term alternative workplace arrangements includes telecommuting, hoteling, virtual offices, and other distributive work arrangements.
(2) Consideration by executive agencies.— 
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.
(3) Guidance from administrator.— 
The Administrator may provide guidance, assistance, and oversight to any person regarding the establishment and operation of alternative workplace arrangements.
(d) Amounts Available for Flexiplace Work Telecommuting Programs.— 

(1) Definition.— 
In this subsection, the term flexiplace work telecommuting program means a program under which employees of a department or agency set out in paragraph (2) are permitted to perform all or a portion of their duties at a telecommuting center established under this section or other federal law.
(2) Minimum funding.— 
For each of the following departments and agencies, in each fiscal year at least $50,000 of amounts made available for salaries and expenses is available only for carrying out a flexiplace work telecommuting program:
(A) Department of Agriculture.
(B) Department of Commerce.
(C) Department of Defense.
(D) Department of Education.
(E) Department of Energy.
(F) Department of Health and Human Services.
(G) Department of Housing and Urban Development.
(H) Department of the Interior.
(I) Department of Justice.
(J) Department of Labor.
(K) Department of State.
(L) Department of Transportation.
(M) Department of the Treasury.
(N) Department of Veterans Affairs.
(O) Environmental Protection Agency.
(P) General Services Administration.
(Q) Office of Personnel Management.
(R) Small Business Administration.
(S) Social Security Administration.
(T) United States Postal Service.

40 USC 588 - Movement and supply of office furniture

(a) Definition.— 
In this section, the term controlled space means a substantial and identifiable segment of space (such as a building, floor, or wing) in a location that the Administrator of General Services controls for purposes of assignment of space.
(b) Application.— 
This section applies if an agency (or unit of the agency), moves from one controlled space to another, whether in the same or a different location.
(c) Moving Existing Furniture.— 
The furniture and furnishings used by an agency (or organizational unit of the agency) shall be moved only if the Administrator determines, after consultation with the head of the agency and with due regard for the program activities of the agency, that it would not be more economical and efficient to make suitable replacements available in the new controlled space.
(d) Providing Replacement Furniture.— 
In the absence of a determination under subsection (c), suitable furniture and furnishings for the new controlled space shall be provided from stocks under the control of the moving agency or from stocks available to the Administrator, whichever the Administrator determines to be more economical and efficient. However, the same or similar items may not be provided from both sources.
(e) Control of Replacement Furniture.— 
If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in the control of the Administrator.
(f) Control of Furniture Not Moved.— 

(1) In general.— 
If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the furniture and furnishings that were previously used by the moving agency (or unit of the agency) pass to the control of the Administrator.
(2) Reimbursement.— 

(A) In general.— 
Furniture and furnishings passing to the control of the Administrator under this section pass without reimbursement.
(B) Exception for trust fund.— 
If furniture and furnishings that were purchased from a trust fund pass to the control of the Administrator under this section, the Administrator shall reimburse the trust fund for the fair market value of the furniture and furnishings.
(3) Revolving or working capital fund.— 
If furniture and furnishings are carried as assets of a revolving or working capital fund at the time they pass to the control of the Administrator under this section, the net book value of the furniture and furnishings shall be written off and the capital of the fund is diminished by the amount of the write-off.

40 USC 589 - Installation, repair, and replacement of sidewalks

(a) In General.— 
An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are
(1) under the agencys control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States.
(b) Reimbursement.— 
Subsection (a) may be carried out by
(1) reimbursement to a State or political subdivision of a State, the District of Columbia, Puerto Rico, or a territory or possession of the United States; or
(2) a means other than reimbursement.
(c) Regulations.— 
Subsection (a) shall be carried out in accordance with regulations the Administrator of General Services prescribes with the approval of the Director of the Office of Management and Budget.
(d) Use of Amounts.— 
Amounts appropriated to an executive agency for installation, repair, and maintenance, generally, are available to carry out this section.
(e) Liability.— 
This section does not increase or enlarge the tort liability of the Government for injuries to individuals or damages to property.

40 USC 590 - Child care

(a) Guidance, Assistance, and Oversight.— 
Through the General Services Administrations 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.
(b) Allotment of Space in Federal Buildings.— 

(1) Definitions.— 
In this subsection, the following definitions apply:
(A) Child care provider.— 
The term child care provider means an individual or entity that provides or proposes to provide child care services for federal employees.
(B) Allotment officer.— 
The term allotment officer means an officer or agency of the Federal Government charged with the allotment of space in federal buildings.
(2) Allotment.— 
A child care provider may be allotted space in a federal building by an allotment officer if
(A) the child care provider applies to the allotment officer in the community or district in which child care services are to be provided;
(B) the space is available; and
(C) the allotment officer determines that
(i) the space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian employed by the Government; and
(ii) the child care provider will give priority to federal employees for available child care services in the space.
(c) Payment for Space and Services.— 

(1) Definition.— 
For purposes of this subsection, the term services includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, classroom furnishings and equipment, kitchen appliances, playground equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone services), and security systems (including installation and other expenses associated with security systems), including replacement equipment, as needed.
(2) No charge.— 
Space allotted under subsection (b) may be provided without charge for rent or services.
(3) Reimbursement for costs.— 
For space allotted under subsection (b), if there is an agreement for the payment of costs associated with providing space or services, neither title 31, nor any other law, prohibits or restricts payment by reimbursement to the miscellaneous receipts or other appropriate account of the Treasury.
(d) Payment of Other Costs.— 
If an agency has a child care facility in its space, or is a sponsoring agency for a child care facility in other federal or leased space, the agency or the Administration may
(1) pay accreditation fees, including renewal fees, for the child care facility to be accredited by a nationally recognized early-childhood professional organization;
(2) pay travel and per diem expenses for representatives of the child care facility to attend the annual Administration child care conference; and
(3) enter into a consortium with one or more private entities under which the private entities assist in defraying costs associated with the salaries and benefits for personnel providing services at the facility.
(e) Reimbursement for Employee Training.— 
Notwithstanding section 1345 of title 31, an agency, department, or instrumentality of the Government that provides or proposes to provide child care services for federal employees may reimburse a federal employee or any individual employed to provide child care services for travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with providing the services. A per diem allowance made under this subsection may not exceed the rate specified in regulations prescribed under section 5707 of title 5.
(f) Criminal History Background Checks.— 

(1) Definition.— 
In this subsection, the term executive facility means a facility owned or leased by an office or entity within the executive branch of the Government. The term includes a facility owned or leased by the General Services Administration on behalf of an office or entity within the judicial branch of the Government.
(2) In general.— 
All workers in a child care center located in an executive facility shall undergo a criminal history background check as defined in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041).
(3) Nonapplication to legislative branch facilities.— 
This subsection does not apply to a facility owned by or leased on behalf of an office or entity within the legislative branch of the Government.
(g) Appropriated Amounts for Affordable Child Care.— 

(1) Definition.— 
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.
(2) In general.— 
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.
(3) Affordability.— 
Amounts used pursuant to paragraph (2) shall be applied to improve the affordability of child care for lower income federal employees using or seeking to use the child care services.
(4) Advances.— 
Notwithstanding section 3324 of title 31, amounts may be paid in advance to licensed or regulated child care providers for services to be rendered during an agreed period.
(5) Notification.— 
No amounts made available by law may be used to implement this subsection without advance notice to the Committees on Appropriations of the House of Representatives and the Senate.

40 USC 591 - Purchase of electricity

(a) General Limitation on Use of Amounts.— 
A department, agency, or instrumentality of the Federal Government may not use amounts appropriated or made available by any law to purchase electricity in a manner inconsistent with state law governing the provision of electric utility service, including
(1) state utility commission rulings; and
(2) electric utility franchises or service territories established under state statute, state regulation, or state-approved territorial agreements.
(b) Exceptions.— 

(1) Energy savings.— 
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).
(2) Energy savings for military installations.— 
This section does not preclude the Secretary of a military department from
(A) entering into a contract under section 23941 of title 10; or
(B) purchasing electricity from any provider if the Secretary finds that the utility having the applicable state-approved franchise (or other service authorization) is unwilling or unable to meet unusual standards of service reliability that are necessary for purposes of national defense.
[1] See References in Text note below.

40 USC 592 - Federal Buildings Fund

(a) Existence.— 
There is in the Treasury a fund known as the Federal Buildings Fund.
(b) Deposits.— 

(1) In general.— 
The following revenues and collections shall be deposited into the Fund:
(A) User charges under section 586 (b) of this title, payable in advance or otherwise.
(B) Proceeds from the lease of federal building sites or additions under section 581 (d) of this title.
(C) Receipts from carriers and others for loss of, or damage to, property belonging to the Fund.
(2) Reimbursements for special services.— 
This subchapter does not preclude the Administrator of General Services from providing special services, not included in the standard level user charge, on a reimbursable basis. The reimbursements may be credited to the Fund.
(3) Transfer of surplus amounts.— 
To prevent the accumulation of excessive surpluses in the Fund, in any fiscal year an amount specified in an appropriation law may be transferred out of the Fund and deposited as miscellaneous receipts in the Treasury.
(c) Uses.— 

(1) In general.— 
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.
(2) Salaries and expenses related to construction projects or planning programs.— 
Deposits in the Fund that are available pursuant to annual appropriation laws may be transferred and consolidated on the books of the Treasury into a special account in accordance with, and for the purposes specified in, section 3176 of this title.
(3) Repayment of general services administration borrowing from federal financing bank.— 
The Administrator, in accordance with rules and procedures that the Office of Management and Budget and the Secretary of the Treasury establish, may transfer from the Fund an amount necessary to repay the principal amount of a General Services Administration borrowing from the Federal Financing Bank, if the borrowing is a legal obligation of the Fund.
(4) Buildings deemed federally owned.— 
For purposes of amounts authorized to be expended from the Fund, the following are deemed to be federally owned buildings:
(A) A building constructed pursuant to the purchase contract authority of section 5 of the Public Buildings Amendments of 1972 (Public Law 92313, 86 Stat. 219).
(B) A building occupied pursuant to an installment purchase contract.
(C) A building under the control of a department or agency, if alterations of the building are required in connection with moving the department or agency from a former building that is, or will be, under the control of the Administration.
(d) Energy Management Programs.— 

(1) Receiving cash incentives.— 
The Administrator may receive amounts from rebates or other cash incentives related to energy savings and shall deposit the amounts in the Fund for use as provided in paragraph (4).
(2) Receiving goods or services.— 
The Administrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities.
(3) Assignment of energy rebates.— 
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.
(4) Obligating amounts for energy management improvement programs.— 
In addition to amounts appropriated for energy management improvement programs and without regard to subsection (c)(1), the Administrator may obligate for those programs
(A) amounts received and deposited in the Fund under paragraph (1);
(B) goods and services received under paragraph (2); and
(C) amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs.
(e) Recycling Programs.— 

(1) Receiving amounts.— 
The Administrator may receive amounts from the sale of recycled materials and shall deposit the amounts in the Fund for use as provided in paragraph (2).
(2) Obligating amounts for recycling programs.— 
In addition to amounts appropriated for such purposes and without regard to subsection (c)(1), the Administrator may obligate amounts received and deposited in the Fund under paragraph (1) for programs which
(A) promote further source reduction and recycling programs; and
(B) encourage employees to participate in recycling programs by providing financing for child care.
(f) Additional Authority Related to Energy Management and Recycling Programs.— 
The Fund may receive, in the form of rebates, cash incentives or otherwise, any revenues, collections, or other income related to energy savings or recycling efforts. Amounts received under this subsection remain in the Fund until expended and remain available for federal energy management improvement programs, recycling programs, or employee programs that are authorized by law or that the Administrator considers appropriate. The Administration may use amounts received under this subsection, in addition to amounts received as New Obligational Authority, in activities of the Fund as necessary.

40 USC 593 - Protection for veterans preference employees

(a) Definitions.— 
In this section, the following definitions apply:
(1) Covered services.— 
The term covered services means any guard, elevator operator, messenger, or custodial services.
(2) Sheltered workshop.— 
The term sheltered workshop means a sheltered workshop employing the severely handicapped under the Javits-Wagner-ODay Act (41 U.S.C. 46 et seq.).
(b) In General.— 
Except as provided in subsection (c), amounts made available to the General Services Administration pursuant to section 592 of this title may not be obligated or expended to procure covered services by contract if an employee who was a permanent veterans preference employee of the Administration on November 19, 1995, would be terminated as a result.
(c) Exception.— 
Amounts made available to the Administration pursuant to section 592 of this title may be obligated and expended to procure covered services by contract with a sheltered workshop or, if sheltered workshops decline to contract for the provision of covered services, by competitive contract for a period of no longer than 5 years. When a competitive contract expires, or is terminated for any reason, the Administration shall again offer to procure the covered services by contract with a sheltered workshop before procuring the covered services by competitive contract.

TITLE 40 - US CODE - SUBCHAPTER VI - MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

40 USC 601 - Purposes

In order to provide an economical and efficient system for transportation of Federal Government personnel and property consistent with section 101 of this title, the purposes of this subchapter are
(1) to establish procedures to ensure safe operation of motor vehicles on Government business;
(2) to provide for proper identification of Government motor vehicles;
(3) to establish an effective means to limit the use of Government motor vehicles to official purposes;
(4) to reduce the number of Government-owned vehicles to the minimum necessary to transact public business; and
(5) to provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property.

40 USC 602 - Authority to establish motor vehicle pools and transportation systems

(a) In General.— 
Subject to section 603 of this title, and regulations issued under section 603, the Administrator of General Services shall
(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) Methods of Providing Vehicles and Services.— 
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.
(c) Recipients of Vehicles and Services.— 
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.

40 USC 603 - Process for establishing motor vehicle pools and transportation systems

(a) Determination Requirement.— 

(1) In general.— 
The Administrator of General Services may carry out section 602 only if the Administrator determines, after consultation with the agencies concerned and with due regard to their program activities, that doing so is advantageous to the Federal Government in terms of economy, efficiency, or service.
(2) Elements of the determination.— 
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) Regulations Related to Establishment.— 

(1) In general.— 
The President shall prescribe regulations establishing procedures to carry out section 602 of this title.
(2) Elements of the regulations.— 
The regulations shall provide for
(A) adequate notice to an executive agency of any determination that affects the agency or its functions;
(B) independent review and decision as directed by the President of any determination disputed by an agency, with the possibility that the decision may include a partial or complete exemption of the agency from the determination; and
(C) enforcement of determinations that become effective under the regulations.
(3) Effect of the regulations.— 
A determination under subsection (a) is binding on an agency only as provided in regulations issued under this subsection.

40 USC 604 - Treatment of assets taken over to establish motor vehicle pools and transportation systems

(a) Reimbursement.— 

(1) Requirement.— 
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.
(2) Amount.— 
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.
(b) Addition to Acquisition Services Fund.— 
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.

40 USC 605 - Payment of costs

(a) Use of Acquisition Services Fund To Cover Costs.— 
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.
(b) Setting Prices To Recover Costs.— 

(1) In general.— 
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) Increment for replacement cost.— 
In the Administrators 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) Accounting Method.— 
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.

40 USC 606 - Regulations related to operation

(a) In General.— 
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.
(b) Elements of the Regulations.— 
The regulations shall prescribe standards of physical fitness for authorized operators. The regulations may require operators and prospective operators to obtain state and local licenses or permits that are required to operate similar vehicles for other than official purposes.
(c) Agency Orders.— 
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.

40 USC 607 - Records

The Administrator of General Services shall maintain an accurate record of the cost of establishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title.

40 USC 608 - Scrip, tokens, tickets

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.

40 USC 609 - Identification of vehicles

(a) In General.— 
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
(1) 
(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.
(b) Exceptions.— 
The regulations prescribed pursuant to this section may provide for exemptions when conspicuous identification would interfere with the purpose for which a vehicle is acquired and used.

40 USC 610 - Discontinuance of motor vehicle pool or system

(a) In General.— 
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) Return of Comparable Property.— 
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.

40 USC 611 - Duty to report violations

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 employees 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.

TITLE 40 - US CODE - CHAPTER 7 - FOREIGN EXCESS PROPERTY

40 USC 701 - Administrative

(a) Policies Prescribed by the President.— 
The President may prescribe policies that the President considers necessary to carry out this chapter. The policies must be consistent with this chapter.
(b) Executive Agency Responsibility.— 

(1) In general.— 
The head of an executive agency that has foreign excess property is responsible for the disposal of the property.
(2) Conformance to policies.— 
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.
(3) Delegation of authority.— 
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.
(4) Employment of personnel.— 
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.
(c) Special Responsibilities of Secretary of State.— 

(1) Use of foreign currencies and credits.— 
The Secretary of State may use foreign currencies and credits acquired by the United States under section 704 (b)(2) of this title
(A) to carry out the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.);
(B) to carry out the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.); and
(C) to pay other governmental expenses payable in local currencies.
(2) Renewal of certain agreements.— 
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.

40 USC 702 - Return of foreign excess property to United States

(a) In General.— 
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.
(b) Regulations.— 
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.

40 USC 703 - Donation of medical supplies for use in foreign country

(a) Application.— 
This section applies to medical materials or supplies that are in a foreign country but that would, if situated within the United States, be available for donation under subchapter III of chapter 5 of this title.
(b) In General.— 
An executive agency may donate medical materials or supplies that are not disposed of under section 702 of this title.
(c) Conditions.— 
A donation under this section is subject to the following conditions:
(1) The medical materials and supplies must be donated for use in a foreign country.
(2) The donation must be made to a nonprofit">nonprofit medical or health organization, which may be an organization qualified to receive assistance under section 214(b) or 607 of the Foreign Assistance Act of 1961 (22 U.S.C. 2174 (b), 2357).
(3) The donation must be made without cost to the donee (except for costs of care and handling).

40 USC 704 - Other methods of disposal

(a) In General.— 
Foreign excess property not disposed of under section 702 or 703 of this title may be disposed of as provided in this section.
(b) Methods of Disposal.— 

(1) Sale, exchange, lease, or transfer.— 
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.
(2) Exchange for foreign currency or credit.— 
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.
(3) Abandonment, destruction, or donation.— 
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.
(c) Advertising.— 
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.
(d) Transfer of Title.— 
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.

40 USC 705 - Handling of proceeds from disposal

(a) In General.— 
This section applies to proceeds from the sale, lease, or other disposition of foreign excess property under this chapter.
(b) Foreign Currencies or Credits.— 
Proceeds in the form of foreign currencies or credits, must be administered in accordance with procedures that the Secretary of the Treasury may establish.
(c) United States Currency.— 

(1) Separate fund in treasury.— 
Section 572 (a) of this title applies to proceeds of foreign excess property disposed of for United States currency under this chapter.
(2) Deposited in treasury as miscellaneous receipts.— 
Except as provided in paragraph (1), proceeds in the form of United States currency, including foreign currencies or credits that are reduced to United States currency, must be deposited in the Treasury as miscellaneous receipts.
(d) Special Account for Refunds or Payments for Breach.— 

(1) Deposits.— 
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.
(2) Withdrawals.— 
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.

TITLE 40 - US CODE - CHAPTER 9 - URBAN LAND USE

40 USC 901 - Purpose and policy

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.

40 USC 902 - Definitions

In this chapter, the following definitions apply:
(1) Unit of general local government.— 
The term unit of general local government means a city, county, town, parish, village, or other general-purpose political subdivision of a State.
(2) Urban area.— 
The term urban area means
(A) a geographical area within the jurisdiction of an incorporated city, town, borough, village, or other unit of general local government, except a county or parish, having a population of at least 10,000 inhabitants;
(B) that portion of the geographical area within the jurisdiction of a county, town, township, or similar governmental entity which contains no incorporated unit of general local government but has a population density of at least 1,500 inhabitants per square mile; and
(C) that portion of a geographical area having a population density of at least 1,500 inhabitants per square mile and situated adjacent to the boundary of an incorporated unit of general local government which has a population of at least 10,000.

40 USC 903 - Acquisition and use

(a) Notice to Local Government.— 
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.
(b) Objections to Acquisition or Change of Use.— 
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.

40 USC 904 - Disposal

(a) Notice to Local Government.— 
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).
(b) Notice to Prospective Purchasers.— 
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
(2) 
(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).
(c) Local Comprehensive Planning.— 
Local comprehensive planning referred to in subsections (a) and (b) includes any of the following activities, to the extent the activity is directly related to the needs of a unit of general local government:
(1) As a guide for government policy and action, preparing general plans related to
(A) the pattern and intensity of land use;
(B) the provision of public facilities (including transportation facilities) and other government services; and
(C) the effective development and use of human and natural resources.
(2) Preparing long-range physical and fiscal plans for government action.
(3) Programming capital improvements and other major expenditures, based on a determination of relative urgency, together with definitive financial planning for expenditures in the earlier years of a program.
(4) Coordinating related plans and activities of state and local governments and agencies.
(5) Preparing regulatory and administrative measures to support activities described in this subsection.

40 USC 905 - Waiver

The procedures prescribed in sections 903 and 904 of this title may be waived during a period of national emergency proclaimed by the President.

TITLE 40 - US CODE - CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

40 USC 1101 - Policy

The policy of the Federal Government is to publicly announce all requirements for architectural and engineering services and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.

40 USC 1102 - Definitions

In this chapter, the following definitions apply:
(1) Agency head.— 
The term agency head means the head of a department, agency, or bureau of the Federal Government.
(2) Architectural and engineering services.— 
The term architectural and engineering services means
(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
(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
(C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
(3) Firm.— 
The term firm means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.

40 USC 1103 - Selection procedure

(a) In General.— 
These procedures apply to the procurement of architectural and engineering services by an agency head.
(b) Annual Statements.— 
The agency head shall encourage firms to submit annually a statement of qualifications and performance data.
(c) Evaluation.— 
For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services.
(d) Selection.— 
From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head.

40 USC 1104 - Negotiation of contract

(a) In General.— 
The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.
(b) Order of Negotiation.— 
The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.

TITLE 40 - US CODE - CHAPTER 13 - PUBLIC PROPERTY

40 USC 1301 - Charge of property transferred to the Federal Government

(a) In General.— 
Except as provided in subsection (b), the Administrator of General Services shall have charge of
(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;
(2) all trusts created for the use of the Government in payment of debts due the Government; and
(3) the sale and disposal of land
(A) assigned or set off to the Government in payment of debt; or
(B) vested in the Government by mortgage or other security for the payment of debts.
(b) Nonapplication.— 
This section does not apply to
(1) real estate which has been or shall be assigned, set off, or conveyed to the Government in payment of debts arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.); or
(2) trusts created for the use of the Government in payment of debts arising under the Code and due the Government.

40 USC 1302 - Lease of buildings

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.

40 USC 1303 - Disposition of surplus real property

(a) Definition.— 
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.
(b) Assignment of Space or Lease or Sale of Property.— 

(1) Actions of administrator.— 
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.
(2) Review of decision to assign space.— 
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.
(3) Negotiated sale.— 
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.
(c) Demolition.— 
The Administrator may demolish any building declared to be surplus to the needs of the Government under this section on deciding that demolition will be in the best interest of the Government. Before proceeding with the demolition, the Administrator shall inform the Secretary of the Interior in writing of the Administrators intention to demolish the building, and shall not proceed with the demolition until receiving written notice from the Secretary that the building is not an historic building of national significance within the meaning of the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act). If the Secretary does not notify the Administrator of the Secretarys decision as to whether the building is an historic building of national significance within 90 days of the receipt of the notice of intention to demolish the building, the Administrator may proceed to demolish the building.
(d) Repairs and Alterations to Assigned Real Property.— 
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.
(e) Payment by Federal Agencies.— 

(1) Assigned real property.— 
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.
(2) Leased spaces.— 
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.
(f) Authorization of Appropriations.— 
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.
(g) Regulations.— 
The Administrator may prescribe regulations as necessary to carry out this section.

40 USC 1304 - Transfer of federal property to States

(a) Obsolete Buildings and Sites.— 

(1) In general.— 
The Administrator of General Services, in the Administrators 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.
(2) Applicable property.— 
The property referred to in paragraph (1) is any federal building, building site, or part of a building site under the Administrators control that has been replaced by a new structure and that the Administrator determines is no longer needed by the Government.
(3) Price.— 
The purchase price for a sale under this section must be at least 50 percent of the value of the land as appraised by the Administrator.
(4) Proceeds of sale.— 
The proceeds of a sale under this section shall be deposited in the Treasury as miscellaneous receipts.
(5) Payment terms.— 
The Administrator may enter into a long term contract for the payment of the purchase price in installments that the Administrator considers fair and reasonable. The Administrator may waive any requirement for interest charges on deferred payment.
(6) Conveyance.— 
The Administrator may convey property sold under this section by the usual quitclaim deed.
(b) Widening of Public Roads.— 

(1) Definition.— 
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.
(2) In general.— 
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.
(3) Limitation on transfers for highway purposes.— 
An interest in real property which can be transferred to a State or a political subdivision of a State for highway purposes under title 23 may not be conveyed or transferred under this subsection.
(4) Limitation on issuance of rights of way.— 
Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this subsection.

40 USC 1305 - Disposition of land acquired by devise

The General Services Administration may take custody, for disposal as excess property under this subtitle and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), of land acquired by the Federal Government by devise.

40 USC 1306 - Disposition of abandoned or forfeited personal property

(a) Definitions.— 
In this section
(1) Agency.— 
The term agency includes any executive department, independent establishment, board, commission, bureau, service, or division of the Federal Government, and any corporation in which the Government owns at least a majority of the stock.
(2) Property.— 
The term property means all personal property, including vessels, vehicles, and aircraft.
(b) Voluntarily Abandoned Property.— 
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.
(c) Forfeited Property.— 

(1) Agency retains property.— 
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.
(2) Agency does not desire to retain property.— 
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.
(d) Property Subject to Court Proceeding for Forfeiture.— 

(1) Notification of administrator.— 
If a proceeding has begun for the forfeiture of any property by court decree, the agency that seized the property immediately shall notify the Administrator and at the same time may file with the Administrator a request for the property for its official use.
(2) Application for court order to deliver property.— 

(A) In general.— 
Before entry of a decree, the Administrator shall apply to the court to order delivery of the property in accordance with this paragraph.
(B) Delivery to seizing agency.— 
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.
(C) Delivery to other requesting agency.— 
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.
(D) Delivery to seizing agency for temporary holding.— 
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.
(3) Forfeiture decreed.— 
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).
(4) When no application made.— 
The court shall dispose of property for which no application is made in accordance with law.
(e) Retention or Delivery of Property Deemed Sale.— 
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 informers 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.
(f) Payment of Costs Related to Property.— 

(1) Availability of appropriations.— 
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).
(2) Payment and reimbursement of certain costs.— 
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.
(g) Report.— 
With the approval of the Secretary of the Treasury, the Administrator may require an agency to make a report of all property abandoned to it or seized and the disposal of the property.
(h) Administrative.— 

(1) Regulations.— 
With the approval of the Secretary, the Administrator may prescribe regulations necessary to carry out this section.
(2) Other laws not repealed.— 
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.
(3) Property not subject to allocation under this section.— 
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.

40 USC 1307 - Disposition of securities

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.

40 USC 1308 - Disposition of unfit horses and mules

Subject to applicable regulations under this subtitle and title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.), horses and mules belonging to the Federal Government that have become unfit for service may be destroyed or put out to pasture, either on pastures belonging to the Government or those belonging to financially sound and reputable humane organizations whose facilities permit them to care for the horses and mules during the remainder of their natural lives, at no cost to the Government.

40 USC 1309 - Preservation, sale, or collection of wrecked, abandoned, or derelict property

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.

40 USC 1310 - Sale of war supplies, land, and buildings

(a) In General.— 
The President, through the head of any executive department and on terms the head of the department considers expedient, may sell to a person, another department of the Federal Government, or the government of a foreign country engaged in war against a country with which the United States is at war
(1) war supplies, material, and equipment;
(2) by-products of the war supplies, material, and equipment; and
(3) any building, plant, or factory, including the land on which the plant or factory may be situated, acquired since April 6, 1917, for the production of war supplies, materials, and equipment that, during the emergency existing on July 9, 1918, may have been purchased, acquired, or manufactured by the Government.
(b) Limitation on Sale of Guns and Ammunition.— 
Sales of guns and ammunition authorized under any law shall be limited to
(1) other departments of the Government;
(2) governments of foreign countries engaged in war against a country with which the United States is at war; and
(3) members of the National Rifle Association and of other recognized associations organized in the United States for the encouragement of small-arms target practice.

40 USC 1311 - Authority of President to obtain release

For the use or benefit of the Federal Government, the President may obtain from an individual or officer to whom land has been or will be conveyed a release of the individuals or officers interest to the Government.

40 USC 1312 - Release of real estate in certain cases

(a) In General.— 
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.
(b) Nonapplication.— 
This section does not apply to real estate the Government acquires in payment of any debt arising under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.).

40 USC 1313 - Releasing property from attachment

(a) Stipulation of Discharge.— 

(1) Person asserting claim entitled to benefits.— 
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.
(2) Nonapplication.— 
This subsection does not
(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
(B) waive an objection to a proceeding brought to enforce the claim.
(b) Payment.— 
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.

40 USC 1314 - Easements

(a) Definitions.— 
In this section
(1) Executive agency.— 
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.
(2) Real property of the government.— 
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 the Act of August 25, 1916 (16 U.S.C. 1, 2, 3, 4) (known as the National Park Service Organic Act);
(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.
(3) State.— 
The term State means a State of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.
(b) Grant of Easement.— 
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.
(c) Relinquishment of Legislative Jurisdiction.— 
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.
(d) Termination of Easement.— 

(1) When termination occurs.— 
The instrument granting the easement may provide for termination of any part of the easement if there has been
(A) a failure to comply with a term or condition of the grant;
(B) a nonuse of the easement for a consecutive 2-year period for the purpose for which granted; or
(C) an abandonment of the easement.
(2) Notice required.— 
If a termination provision is included, it shall require that written notice of the termination be given to the grantee, or its successors or assigns.
(3) Effective date.— 
The termination is effective as of the date of the notice.
(e) Additional Easement Authority.— 
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.
(f) Limitation on Issuance of Rights of Way.— 
Rights of way over, under, and through public lands and lands in the National Forest System may not be granted under this section.

40 USC 1315 - Law enforcement authority of Secretary of Homeland Security for protection of public property

(a) In General.— 
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.
(b) Officers and Agents.— 

(1) Designation.— 
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.
(2) Powers.— 
While engaged in the performance of official duties, an officer or agent designated under this subsection may
(A) enforce Federal laws and regulations for the protection of persons and property;
(B) carry firearms;
(C) make arrests without a warrant for any offense against the United States committed in the presence of the officer or agent or for any felony cognizable under the laws of the United States if the officer or agent has reasonable grounds to believe that the person to be arrested has committed or is committing a felony;
(D) serve warrants and subpoenas issued under the authority of the United States;
(E) conduct investigations, on and off the property in question, of offenses that may have been committed against property owned or occupied by the Federal Government or persons on the property; and
(F) carry out such other activities for the promotion of homeland security as the Secretary may prescribe.
(c) Regulations.— 

(1) In general.— 
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.
(2) Penalties.— 
A person violating a regulation prescribed under this subsection shall be fined under title 18, United States Code, imprisoned for not more than 30 days, or both.
(d) Details.— 

(1) Requests of agencies.— 
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.
(2) Applicability of regulations.— 
The Secretary may
(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
(B) utilize the authority and regulations of the requesting agency if agreed to in writing by the agencies.
(3) Facilities and services of other agencies.— 
When the Secretary determines it to be economical and in the public interest, the Secretary may utilize the facilities and services of Federal, State, and local law enforcement agencies, with the consent of the agencies.
(e) Authority Outside Federal Property.— 
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.
(f) Secretary and Attorney General Approval.— 
The powers granted to officers and agents designated under this section shall be exercised in accordance with guidelines approved by the Secretary and the Attorney General.
(g) Limitation on Statutory Construction.— 
Nothing in this section shall be construed to
(1) preclude or limit the authority of any Federal law enforcement agency; or
(2) restrict the authority of the Administrator of General Services to promulgate regulations affecting property under the Administrators custody and control.