[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2068 Enrolled Bill (ENR)]
H.R.2068
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To revise, codify, and enact without substantive change certain general
and permanent laws, related to public buildings, property, and works, as
title 40, United States Code, ``Public Buildings, Property, and Works''.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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Certain general and permanent laws of the United States, related to
public buildings, property, and works, are revised, codified, and
enacted as title 40, United States Code, ``Public Buildings, Property,
and Works'', as follows:
TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Subtitle                                                            Sec.
FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES.........................101
PUBLIC BUILDINGS AND WORKS..........................................3101
INFORMATION TECHNOLOGY MANAGEMENT..................................11101
APPALACHIAN REGIONAL DEVELOPMENT...................................14101
MISCELLANEOUS......................................................17101
SUBTITLE I--FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
Chapter                                                             Sec.
GENERAL..............................................................101
ORGANIZATION OF GENERAL SERVICES ADMINISTRATION......................301
PROPERTY MANAGEMENT..................................................501
FOREIGN EXCESS PROPERTY..............................................701
URBAN LAND USE.......................................................901
SELECTION OF ARCHITECTS AND ENGINEERS...............................1101
PUBLIC PROPERTY.....................................................1301
CHAPTER 1--GENERAL
SUBCHAPTER I--PURPOSE AND DEFINITIONS
Sec.
101.  Purpose.
102.  Definitions.
SUBCHAPTER II--SCOPE
111.  Application to Federal Property and Administrative Services Act of
1949.
112.  Applicability of certain policies, procedures, and directives in
effect on July 1, 1949.
113.  Limitations.
SUBCHAPTER III--ADMINISTRATIVE AND GENERAL
121.  Administrative.
122.  Prohibition on sex discrimination.
123.  Civil remedies for fraud.
124.  Agency use of amounts for property management.
125.  Library memberships.
126.  Reports to Congress.
SUBCHAPTER I--PURPOSE AND DEFINITIONS

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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.

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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 agency's 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.
SUBCHAPTER II--SCOPE

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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.

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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.

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(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.); or
(19) the Secretary of State with respect to the furnishing of
facilities in foreign countries and reception centers within the
United States.
SUBCHAPTER III--ADMINISTRATIVE AND GENERAL

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(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 Administrator's functions under this subtitle and the
head of each executive agency shall issue orders and directives
that the agency head considers necessary to carry out the
regulations.
(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
thissubtitle. 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.

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(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.

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(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 individual's own fraud) or
accountable for collection of a purchase price that is determined to be
uncollectible by the federal agency responsible for property if the
property is transferred or disposed of in accordance with this subtitle
and with regulations prescribed under this subtitle.
(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 court's 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 court's 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.

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

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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.

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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.
CHAPTER 3--ORGANIZATION OF GENERAL SERVICES ADMINISTRATION
SUBCHAPTER I--GENERAL
Sec.
301.  Establishment.
302.  Administrator and Deputy Administrator.
303.  Functions.
304.  Federal information centers.
SUBCHAPTER II--ADMINISTRATIVE
311.  Personnel.
312.  Transfer and use of amounts for major equipment acquisitions.
313.  Tests of materials.
SUBCHAPTER III--FUNDS
321.  General Supply Fund.
322.  Information Technology Fund.
323.  Consumer Information Center Fund.
SUBCHAPTER I--GENERAL

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

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(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.

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(a) Bureau of Federal Supply.--
(1) Transfer of functions.--Subject to paragraph (2), the
functions of the Administrator of General Services include
functions related to the Bureau of Federal Supply in the Department
of the Treasury that, immediately before July 1, 1949, were
functions of--
(A) the Bureau;
(B) the Director of the Bureau;
(C) the personnel of the Bureau; or
(D) the Secretary of the Treasury.
(2) Functions not transferred.--The functions of the
Administrator of General Services do not include functions retained
in the Department of the Treasury under section 102(c) of the
Federal Property and Administrative Services Act of 1949 (ch. 288,
63 Stat. 380).
(b) Federal Works Agency and Commissioner of Public Buildings.--The
functions of the Administrator of General Services include functions
related to the Federal Works Agency and functions related to the
Commissioner of Public Buildings that, immediately before July 1, 1949,
were functions of--
(1) the Federal Works Agency;
(2) the Federal Works Administrator; or
(3) the Commissioner of Public Buildings.

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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.
SUBCHAPTER II--ADMINISTRATIVE

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(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 Administrator's 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.

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(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 101-576, 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.

630641cb3af5c0bef026531db95e4720899d72c0a2c81ea33b72c84e5fbdff8a

(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
Administrator's 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.
SUBCHAPTER III--FUNDS

7abce9864451955939e03c183bcfec7c1862efe1e4a0eb3653fc659dc8f633d6

(a) Existence.--The General Supply Fund is a special fund in the
Treasury.
(b) Composition.--
(1) In general.--The Fund is composed of amounts appropriated to
the Fund and the value, as determined by the Administrator of
General Services, of personal property transferred from executive
agencies to the Administrator under section 501(d) of this title to
the extent that payment is not made or credit allowed for the
property.
(2) Other credits.--
(A) In general.--The Fund shall be credited with all
reimbursements, advances, and refunds or recoveries relating to
personal property or services procured through the Fund,
including--
(i) the net proceeds of disposal of surplus personal
property; and
(ii) receipts from carriers and others for loss of, or
damage to, personal property.
(B) Reappropriation.--Amounts credited under this paragraph
are reappropriated for the purposes of the Fund.
(3) 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); and
(ii) nonpersonal services;
(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; and
(v) 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) Treatment of Surplus.--
(1) Surplus deposited in treasury.--As of September 30 of each
year, any surplus in the Fund above the amounts transferred or
appropriated to establish and maintain the Fund (all assets,
liabilities, and prior losses considered) shall be deposited in the
Treasury as miscellaneous receipts.
(2) Surplus retained.--From any surplus generated by operation of
the Fund, the Administrator may retain amounts necessary to
maintain a sufficient level of inventory of personal property to
meet the needs of the federal agencies.
(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.

c2fd8dac8c81fb755d1be6713c64500d1ecfefaa3aa82bd811901f2cc007635f

(a) Existence.--There is an Information Technology Fund in the
Treasury.
(b) Cost and Capital Requirements.--
(1) In general.--The Administrator of General Services shall
determine the cost and capital requirements of the Fund for each
fiscal year. The cost and capital requirements may include
amounts--
(A) needed to purchase (if the Administrator has determined
that purchase is the least costly alternative) information
processing and transmission equipment, software, systems, and
operating facilities necessary to provide services;
(B) resulting from operations of the Fund, including the net
proceeds from the disposal of excess or surplus personal
property and receipts from carriers and others for loss or
damage to property; and
(C) that are appropriated, authorized to be transferred, or
otherwise made available to the Fund.
(2) Submitting plans to office of management and budget.--The
Administrator shall submit plans concerning the cost and capital
requirements determined under this section, and other information
as may be requested, for review and approval by the Director of the
Office of Management and Budget. Plans submitted under this section
fulfill the requirements of sections 1512 and 1513 of title 31.
(3) Adjustments.--Any change to the cost and capital requirements
of the Fund for a fiscal year shall be made in the same manner as
the initial fiscal year determination.
(c) Use.--
(1) In general.--The Fund is available for expenses, including
personal services and other costs, and for procurement (by lease,
purchase, transfer, or otherwise) to efficiently provide
information technology resources to federal agencies and to
efficiently manage, coordinate, operate, and use those resources.
(2) Specifically included items.--Information technology
resources provided under this section include information
processing and transmission equipment, software, systems, operating
facilities, supplies, and related services including maintenance
and repair.
(3) Cancellation costs.--Any cancellation costs incurred for a
contract entered into under subsection (e) shall be paid from money
currently available in the Fund.
(4) No fiscal year limitation.--The Fund is available without
fiscal year limitation.
(d) Charges to Agencies.--If the Director approves plans submitted by
the Administrator under subsection (b), the Administrator shall
establish rates, consistent with the approval, to be charged to
agencies for information technology resources provided through the
Fund.
(e) Contract Authority.--
(1) In general.--In operating the Fund, the Administrator may
enter into multiyear contracts, not longer than 5 years, to provide
information technology hardware, software, or services if--
(A) amounts are available and adequate to pay the costs of
the contract for the first fiscal year and any costs of
cancellation or termination;
(B) the contract is awarded on a fully competitive basis; and
(C) the Administrator determines that--
(i) the need for the information technology hardware,
software, or services being provided will continue over the
period of the contract;
(ii) the use of the multiyear contract will yield
substantial cost savings when compared with other methods
of providing the necessary resources; and
(iii) the method of contracting will not exclude small
business participation.
(2) Effect on other law.--This subsection does not limit the
authority of the Administrator to procure equipment and services
under sections 501-505 of this title.
(f) Transfer of Uncommitted Balance.--After the close of each fiscal
year, any uncommitted balance remaining in the Fund, after making
provision for anticipated operating needs as determined by the Office
of Management and Budget, shall be transferred to the Treasury as
miscellaneous receipts.
(g) Annual Report.--The Administrator shall report annually to the
Director on the operation of the Fund. The report must address the
inventory, use, and acquisition of information processing equipment and
identify any proposed increases to the capital of the Fund.

2cb97e41ce6cba2ed99969d331daf9d4526bc544f818669ca983e6718dfb875f

(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.
CHAPTER 5--PROPERTY MANAGEMENT
SUBCHAPTER I--PROCUREMENT AND WAREHOUSING
Sec.
501.  Services for executive agencies.
502.  Services for other entities.
503.  Exchange or sale of similar items.
504.  Agency cooperation for inspection.
505.  Exchange or transfer of medical supplies.
506.  Inventory controls and systems.
SUBCHAPTER II--USE OF PROPERTY
521.  Policies and methods.
522.  Reimbursement for transfer of excess property.
523.  Excess real property located on Indian reservations.
524.  Duties of executive agencies.
525.  Excess personal property for federal agency grantees.
526.  Temporary assignment of excess real property.
527.  Abandonment, destruction, or donation of property.
528.  Utilization of excess furniture.
529.  Annual executive agency reports on excess personal property.
SUBCHAPTER III--DISPOSING OF PROPERTY
541.  Supervision and direction.
542.  Care and handling.
543.  Method of disposition.
544.  Validity of transfer instruments.
545.  Procedure for disposal.
546.  Contractor inventories.
547.  Agricultural commodities, foods, and cotton or woolen goods.
548.  Surplus vessels.
549.  Donation of personal property through state agencies.
550.  Disposal of real property for certain purposes.
551.  Donations to American Red Cross.
552.  Abandoned or unclaimed property on Government premises.
553.  Property for correctional facility, law enforcement, and emergency
management response purposes.
554.  Property for development or operation of a port facility.
555.  Donation of law enforcement canines to handlers.
556.  Disposal of dredge vessels.
557.  Donation of books to Free Public Library.
558.  Donation of forfeited vessels.
559.  Advice of Attorney General with respect to antitrust law.
SUBCHAPTER IV--PROCEEDS FROM SALE OR TRANSFER
571.  General rules for deposit and use of proceeds.
572.  Real property.
573.  Personal property.
574.  Other rules regarding proceeds.
SUBCHAPTER V--OPERATION OF BUILDINGS AND RELATED ACTIVITIES
581.  General authority of Administrator of General Services.
582.  Management of buildings by Administrator of General Services.
583.  Construction of buildings.
584.  Assignment and reassignment of space.
585.  Lease agreements.
586.  Charges for space and services.
587.  Telecommuting and other alternative workplace arrangements.
588.  Movement and supply of office furniture.
589.  Installation, repair, and replacement of sidewalks.
590.  Child care.
591.  Purchase of electricity.
592.  Federal Buildings Fund.
593.  Protection for veterans preference employees.
SUBCHAPTER VI--MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS
601.  Purposes.
602.  Authority to establish motor vehicle pools and transportation
systems.
603.  Process for establishing motor vehicle pools and transportation
systems.
604.  Treatment of assets taken over to establish motor vehicle pools
and transportation systems.
605.  Payment of costs.
606.  Regulations related to operation.
607.  Records.
608.  Scrip, tokens, tickets.
609.  Identification of vehicles.
610.  Discontinuance of motor vehicle pool or system.
611.  Duty to report violations.
SUBCHAPTER I--PROCUREMENT AND WAREHOUSING

2ad64ded3b68051ec89de08e5cfd95bb7d03044df5180e5c9bfeabd7bb9b117e

(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
theprocurement 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.

2a9c2b258454f9b02e216531d8c9a5f165adf4b7d57c021ec30c2e9742894aec

(a) Federal Agencies, Mixed-Ownership Government Corporations, and
the District of Columbia.--On request, the Administrator of General
Services shall provide, to the extent practicable, any of the services
specified in section 501 of this title to--
(1) a federal agency;
(2) a mixed-ownership Government corporation (as defined in
section 9101 of title 31); or
(3) the District of Columbia.
(b) Qualified Nonprofit Agencies.--
(1) In general.--On request, the Administrator may provide, to
the extent practicable, any of the services specified in section
501 of this title to an agency that is--
(A)(i) a qualified nonprofit agency for the blind (as defined
in section 5(3) of the Javits-Wagner-O'Day Act (41 U.S.C.
48b(3))); or
(ii) a qualified nonprofit agency for other severely
handicapped (as defined in section 5(4) of the Javits-Wagner-
O'Day Act (41 U.S.C. 48b(4))); and
(B) providing a commodity or service to the Federal
Government under the Javits-Wagner-O'Day Act (41 U.S.C. 46 et
seq.).
(2) Use of services.--A nonprofit agency receiving services under
this subsection shall use the services directly in making or
providing to the Government a commodity or service that has been
determined by the Committee for Purchase From People Who Are Blind
or Severely Disabled under section 2 of the Javits-Wagner-O'Day Act
(41 U.S.C. 47) to be suitable for procurement by the Government.

470000213ba16f87be2d99abf74635e8ce6c4d1f08e0c2841e573c92ff350748

(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.

a71ff7c0e0703df1d85aeebc800aa509c69268954bdea45e8f17e8f04dbfc9f7

(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.

048c3f35fb9c0f39161a375cbb08ad121853fd98b44b4ac1f86eb0faf43cb6b6

(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.

50cc2fa4e559c3dbd4327934a0c1fabb5420b4f15fb1f9900c29dfa63c8b710a

(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
toregulations 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.
SUBCHAPTER II--USE OF PROPERTY

09cd8f6d63e1cb2d6d2efc26bb9ea05ecfea276998b8ec35f79d647f0a3772f8

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.

a549af238593b99050e8ab7e00249c292104187f1025b4f517776e4c8a9a04f4

(a) In General.--Subject to subsections (b) and (c) of this section,
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.

dc64ad442b710a2dc71188a6665493a41e8440198b0e0e26f27171d9bc076535

(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.

4ad8c857ec5b9cc79ffc742bf3c2b1aff22e13ec54ddac5c462faf1ca5c270b6

(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.

d1b238207b3f09f6eaa1591660d92952b55e536dbebd428235311d6f69e40a40

(a) General Prohibition.--A federal agency is prohibited from
obtaining excess personal property for the purpose of furnishing the
property to a grantee of the agency, except as provided in this
section.
(b) Exception for Public Agencies and Tax-exempt Nonprofit
Organizations.--
(1) In general.--Under regulations the Administrator of General
Services may prescribe, a federal agency may obtain excess personal
property for the purpose of furnishing it to a public agency or an
organization that is nonprofit and exempt from taxation under
section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501),
if--
(A) the agency or organization is conducting a federally
sponsored project pursuant to a grant made for a specific
purpose with a specific termination provision;
(B) the property is to be furnished for use in connection
with the grant; and
(C)(i) the sponsoring federal agency pays an amount equal to
25 percent of the original acquisition cost (except for costs
of care and handling) of the excess property; and
(ii) the amount is deposited in the Treasury as miscellaneous
receipts.
(2) Title.--Title to excess property obtained under this
subsection vests in the grantee. The grantee shall account for and
dispose of the property in accordance with procedures governing
accountability for personal property acquired under grant
agreements.
(c) Exception for Certain Property Furnished by Secretary of
Agriculture.--
(1) Definition.--In this subsection, the term ``State'' means a
State of the United States, Puerto Rico, Guam, American Samoa, the
Northern Mariana Islands, the Federated States of Micronesia, the
Marshall Islands, Palau, the Virgin Islands, and the District of
Columbia.
(2) In general.--Under regulations and restrictions the
Administrator may prescribe, subsection (a) does not apply to
property furnished by the Secretary of Agriculture to--
(A) a state 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 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)).

e9cdab086ba0972c35fb21173dbb7b5cd41812b67428fb3e53be2c0e41955e64

(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.

15c557b720fb88d0d76a7274f700c11cefb37d8e505feaa1730e22df39ac2780

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.

325e75f11628393eb30e48de3a8f78dbbafa2b643cc1cf1af713bdd2c67775d8

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.

211fe659a0395fc8f2d702bbf2efdc3f6b2ecd6643eeba73333685b4336c84b5

(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.
SUBCHAPTER III--DISPOSING OF PROPERTY

33a2865fc4d4dc8eaac0c649732953ccb47877cbf7bf6ccf72ccb0241baf8f23

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.

cd841a66fa39baf6f6de20d392324852c97194c0e2dcafeaaf7daa605c214816

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.

c7e3194832d63357fed3a8df87c65c317a9bb359ae68c6f8381da916dde5e6c2

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.

b680f066d6ef1503e2b78b338be6405f3539bd4c272b334620318542c83be26b

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.

1737296b79ab76f9a08ddedabad74867a687f3998708528cef57d70b678abf23

(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 regardto 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.

47a426a600502248292b24f2349acc5cc4bf002a17d49cc954ff046dbafd905e

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.

1675f2d15334469636ccfcd0a892c0ce038af3589b333a97d7ffbcb09593eb24

(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.

0ba27654162c94262022ec77cde124d219c5457a1c1e67b3a865353000e8d6e0

The Maritime Administration shall dispose of surplus vessels of 1,500
gross tons or more which the Administration determines to be merchant
vessels orcapable of conversion to merchant use. The vessels shall be
disposed of in accordance with the Merchant Marine Act, 1936 (46 App.
U.S.C. 1101 et seq.), and other laws authorizing the sale of such
vessels.

715387a1cfaab439092fae5a0988139ebcaaa2d2bcdab6b0f06fbec24367dbaf

(a) Definitions.--In this section, the following definitions apply:
(1) Public agency.--The term ``public agency'' means--
(A) a State;
(B) a political subdivision of a State (including a unit of
local government or economic development district);
(C) a department, agency, or instrumentality of a State
(including instrumentalities created by compact or other
agreement between States or political subdivisions); or
(D) an Indian tribe, band, group, pueblo, or community
located on a state reservation.
(2) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa.
(3) State agency.--The term ``state agency'' means an agency
designated under state law as the agency responsible for fair and
equitable distribution, through donation, of property transferred
under this section.
(b) Authorization.--
(1) In general.--The Administrator of General Services, in the
Administrator's discretion and under regulations the Administrator
may prescribe, may transfer property described in paragraph (2) to
a state agency.
(2) Property.--
(A) In general.--Property referred to in paragraph (1) is any
personal property that--
(i) is under the control of an executive agency; and
(ii) has been determined to be surplus property.
(B) Special rule.--In determining whether the property is to
be transferred for donation under this section, no distinction
may be made between property capitalized in a working-capital
fund established under section 2208 of title 10 (or similar
fund) and any other property.
(3) No cost.--Transfer of property under this section is without
cost, except for any costs of care and handling.
(c) Allocation and Transfer of Property.--
(1) In general.--The Administrator shall allocate and transfer
property under this section in accordance with criteria that are
based on need and use and that are established after consultation
with state agencies to the extent feasible. The Administrator shall
give fair consideration, consistent with the established criteria,
to an expression of need and interest from a public agency or other
eligible institution within a State. The Administrator shall give
special consideration to an eligible recipient's request,
transmitted through the state agency, for a specific item of
property.
(2) Allocation among states.--The Administrator shall allocate
property among the States on a fair and equitable basis, taking
into account the condition of the property as well as the original
acquisition cost of the property.
(3) Recipients and purposes.--The Administrator shall transfer to
a state agency property the state agency selects for distribution
through donation within the State--
(A) to a public agency for use in carrying out or promoting,
for residents of a given political area, a public purpose,
including conservation, economic development, education, parks
and recreation, public health, and public safety; or
(B) for purposes of education or public health (including
research), to a nonprofit educational or public health
institution or organization that is exempt from taxation under
section 501 of the Internal Revenue Code of 1986 (26 U.S.C.
501), including--
(i) a medical institution, hospital, clinic, health
center, or drug abuse treatment center;
(ii) a provider of assistance to homeless individuals or
to families or individuals whose annual incomes are below
the poverty line (as that term is defined in section 673 of
the Community Services Block Grant Act (42 U.S.C. 9902));
(iii) a school, college, or university;
(iv) a school for the mentally retarded or physically
handicapped;
(v) a child care center;
(vi) a radio or television station licensed by the
Federal Communications Commission as an educational radio
or educational television station;
(vii) a museum attended by the public; or
(viii) a library serving free all residents of a
community, district, State, or region.
(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.

c270f558036b868dd816d3a486342ec475e3c6ac9e53d88cabc03d399188ae04

(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 inthe 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 Administrator's
discretion and under regulations that the Administrator may
prescribe, may assign to the Secretary of Education for disposal
surplus real property, including buildings, fixtures, and equipment
situated on the property, that the Secretary recommends as needed
for school, classroom, or other educational use.
(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 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 Administrator's
discretion and under regulations that the Administrator may
prescribe, may assign to the Secretary of Health and Human Services
for disposal surplus real property, including buildings, fixtures,
and equipment situated on the property, that the Secretary
recommends as needed for use in the protection of public health,
including research.
(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 Administrator's
discretion and under regulations that the Administrator may
prescribe, may assign to the Secretary of the Interior for disposal
surplus real property, including buildings, fixtures, and equipment
situated on the property, that the Secretary recommends as needed
for use as a public park or recreation area.
(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 Administrator's
discretion and under regulations that the Administrator may
prescribe, may assign to the Secretary of Housing and Urban
Development for disposal surplus real property, including
buildings, fixtures, and equipment situated on the property, that
the Secretary recommends as needed to provide housing or housing
assistance for low-income individuals or families.
(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 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
thatcomply 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 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
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 Administrator's
discretion and under regulations that the Administrator may
prescribe, may assign to the Chief Executive Officer of the
Corporation for National and Community Service for disposal surplus
property that the Chief Executive Officer recommends as needed for
national service activities.
(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 property's 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 grantee's plan for repair,
rehabilitation, restoration, and maintenance of the
property;
(iii) approves the grantee's plan for financing the
repair, rehabilitation, restoration, and maintenance of the
property; and
(iv) examines and approves the accounting and financial
procedures used by the grantee.
(B) Use of excess income.--The Secretary of the Interior may
approve a grantee's 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.

5ffcd9fd379f5286bec12d6b59cace194ca910c5075d98bbc4b49d362128324a

The Administrator of General Services, in the Administrator's
discretion and under regulations that the Administrator may prescribe,
may donate to the American National Red Cross for charitable purposes
property that the American National Red Cross processed, produced, or
donated and that has been determined to be surplus property.

ee55bbf6286e6f62f4574dfb00ed5d5a6e5a0af69a33993cdeef55ff3a0355ff

(a) Authority To Take PropertyAdministrator 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.

3eb87b9aa1aa4b6bc31fad28e47bed287dc79f76a04ad498db8eccdf750a0bbb

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 Administrator's discretion and under regulations that
the Administrator may prescribe, may transfer or convey to a State, or
political subdivision or instrumentality of a State, surplus real and
related personal property that--
(1) the Attorney General determines is required by the transferee
or grantee for correctional facility use under a program approved
by the Attorney General for the care or rehabilitation of criminal
offenders;
(2) the Attorney General determines is required by the transferee
or grantee for law enforcement purposes; or
(3) the Director 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.

1e2f4f928c4e75030157eb0e1e5e5d0deec98951625d830febb6c0a6d637e0b3

(a) Definitions.--In this section, the following definitions apply:
(1) Base closure law.--The term ``base closure law'' means the
following:
(A) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
(C) Section 2687 of title 10.
(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.

2e5aa3c78e9c84e74df9bbe8a78f8d9043bd1c06c41f79143baec8c6029e0568

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.

8e61488efacc6c0a06eaed170950f69d5d7c0318311f1805e2349f061b82a5fb

(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 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.

58c395d6a1334b3ea50daeedaeefe4badbe6b9d5f70421664b3720c3d5bc4b72

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.

a3342a7cc6783eb0b03cbd7ef18ccfd49d2ef25b864d37a8d243ee541beb8bfc

(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.

679dd23c8cb9672555d88ade7ed97b9879404163dbdde558c36368b87dd9a9c7

(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.
SUBCHAPTER IV--PROCEEDS FROM SALE OR TRANSFER

16a737abe00779ac64db4a7cb7ebdec2c58ce0f00dd68e57bfe0c8d01b0d1169

(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.

b74d2d20309fba69eb56a3b01f962101beea12fc9daf46bd43384e9c66bd91bd

(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.
(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 2667(h)(2) 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 department's 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.

75444b16278d858eacc9d94db0e90b5ae115c4f295cb86142ea3ad93996095cd

The Administrator of General Services may retain from the proceeds of
sales of personal property the Administrator conducts amounts necessary
to recover, to the extent practicable, costs the Administrator (or the
Administrator's agent) incurs in conducting the sales. The
Administrator shall deposit amounts retained into the General Supply
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
General Supply Fund to the general fund or another appropriate account
in the Treasury.

7131729d818581fb7803a46b51681fadd1d792ab8d153e03856a8fe6816a8ac3

(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.
SUBCHAPTER V--OPERATION OF BUILDINGS AND RELATED ACTIVITIES

47785edcd0c3ded0972d220413a6dc6bfa67d0df2043a71f5057fc57401adbef

(a) Applicability.--To the extent that the Administrator of General
Services by law, other than this section, may maintain, operate, and
protect buildings or property, including the construction, repair,
preservation, demolition, furnishing, or equipping of buildings or
property, the Administrator, in the discharge of these duties, may
exercise authority granted under this section.
(b) Personnel and Equipment.--The Administrator 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;
(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; and
(3) furnish arms and ammunition for the protection force the
Administration maintains.
(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 Administrator's 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 owner's 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.

0d18dde5d644c6f64f13bc551f3bd6302be34b82b4d7d59aee6e331f8c1a2012

(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.

64e09a496c73edd6533bf014a3048282b6eb5089599a48e9f81dd3b7c17c7544

(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 General's approval of the
title to the site; and
(3) contract for, and supervise, the construction, development,
and equipping of a building or project.
(b) 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.

b4ce711ca084f7cc37a7fd3bd6bacbbec8f93ab20c3fa3e2729191c9768f55b7

(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 Administrator's 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.

c2ab9fd8a1d6465e706a2a24aab5e4d971877392ff96a18641388aed0a068f6f

(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 Government's 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.

3235c5ff2850fc8f9c3d05638f8705d5dc339914aa7bdb62d36814ac198ed4e3

(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.

9796cc648ff1f38af1f982e846b1a4eb759ba537e554c60b4c6692bbe01b6764

(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
availablefor 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.

ec414fc7ba2a25db4c8c993bab7497cda2759c425a77a7ab4adfb6006526c5d7

(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.

2af9de716b2b3349d6d0570a2401ba28f6aa7d7a77076ca60a54c1fb518f8c4b

(a) In General.--An executive agency may install, repair, and replace
sidewalks around buildings, installations, property, or grounds that
are--
(1) under the agency's control;
(2) owned by the Federal Government; and
(3) located in a State, the District of Columbia, Puerto Rico, or
a territory or possession of the United States.
(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.

b6d36a20ff373a49387e237732cbdab5144f02b0f7ddf3f3bf1184c0cb68fed7

(a) Guidance, Assistance, and Oversight.--Through the General
Services Administration's licensing agreements, the Administrator of
General Services shall provide guidance, assistance, and oversight to
federal agencies for the development of child care centers to provide
economical and effective child care for federal workers.
(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 General Accounting 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.

e4230857a86378a432fb471444120fb473b08e719e88c45c4439479d902330d5

(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 2394 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.

6fc1fd82332364f2b7dc41fadd3362a8d525d351597e43aafbf41173deffaf7b

(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 92-313, 86 Stat. 219).
(B) A building occupied pursuant to an installment purchase
contract.
(C) A building under the control of a department or agency,
if alterations of the building are required in connection with
moving the department or agency from a former building that is,
or will be, under the control of the Administration.
(d) 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.

f2752c3b96f965d286befa321fc650a722cfce008f82e2a0f329398215ce91e6

(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-O'Day Act (41 U.S.C. 46 et seq.).
(b) In General.--Except as provided in subsection (c), amounts made
available to the 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.
SUBCHAPTER VI--MOTOR VEHICLE POOLS AND TRANSPORTATION SYSTEMS

d4682ea584bbca09318442a454e905f2877c8a0fa986ce1c2f18c40732acb7a4

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.

c466190f9570690b476b18298df856ed5cebca758b9d6b644af2f6bad9d145c3

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.

0cfba0debc371ef7221018ccc3798492f2d05314f230e3f5342cb8c6634b9425

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.

d40eff6fdf55d24f95c54ad7df101ec2d604ef0e323390f5e00f32c226668e27

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 General Supply 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 General Supply 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.

b8bfbda57ad731c2c8dd9e03e5d6ce25bf4a250865ff206c4a787ddf268f9213

(a) Use of General Supply Fund To Cover Costs.--The General Supply
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 Administrator's
discretion, prices may include an increment for the estimated
replacement cost of motor vehicles and related equipment and
supplies. Notwithstanding section 321(f)(1) of this title, the
increment may be retained as a part of the capital of the General
Supply 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.

c957c2580ca94c4569088361c1194045a4b1a41c862995674052037dd79ca372

(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.

0abbdc3ff08ab866ea1bcd88ca757179bcd87423ed49d7a32f6840435ee49fe8

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.

dc400299910ee5a9a52629a171d4554b70d86e16f4620c6d27b3ccc6d2d1e585

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.

ca761311cbdc47c9fcde37e1d7fe149a6fc9838606e71339a31a529ce4bd3995

(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.

3cf523c0b01444bc18120cb8d2c86efe99f1b57c03cb9450257e2341f637737b

(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.

b494d87d490c507ef48393201843738438cf56353c184603dd62f096abbd9be7

During the regular course of the duties of the Administrator of
General Services, if the Administrator becomes aware of a violation of
section 1343, 1344, or 1349(b) of title 31 or of section 641 of title
18 involving the conversion by a Federal Government official or
employee of a Government-owned or leased motor vehicle to the official
or employee's own use or to the use of others, the Administrator shall
report the violation to the head of the agency in which the official or
employee is employed, for further investigation and either appropriate
disciplinary action under section 1343, 1344, or 1349(b) or, if
appropriate, referral to the Attorney General for prosecution under
section 641.
CHAPTER 7--FOREIGN EXCESS PROPERTY
Sec.
701.  Administrative.
702.  Return of foreign excess property to United States.
703.  Donation of medical supplies for use in foreign country.
704.  Other methods of disposal.
705.  Handling of proceeds from disposal.

bdc036dae7754462dd7261702591e62c5364d6e900dd07ea4f05f6bc773781b0

(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.

a29e82911133f3dbd06fb98cf2c0ca2f19632d8b95277327466b1253d67903d1

(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.

8377278d14f7782735eb1ec4aa5f65cdf54cc463cae1b792fea7fa88c9ddb9b1

(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 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).

247785ce287f57a543ce352ec9c38e044f0c64c271a599d498d3f7ce7066e5ab

(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 findsthat 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.

ba7919845c5488c0b52f241b61014a6c91c981a59ee5f764a916c48164cf9520

(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.
CHAPTER 9--URBAN LAND USE
Sec.
901.  Purpose and policy.
902.  Definitions.
903.  Acquisition and use.
904.  Disposal.
905.  Waiver.

c80a232177d0d4728c8ac944132d5bc4a3f6511f7c62dfbff07346598ba86f57

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.

77a76f10a8725e9ea957f1ed1008a47b6bc4ad26f13bc2e01c11119e95c8ac13

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.

e47a2b2ef24c307b1e00419aee0c7a24ec286c7b0724e9401489c425b63426ee

(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.

db7cc1062c537e719f48680894a10ae01191def0aaa2bab771c8d3c50e53d874

(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.

189d42b3b169c54c39edffa1d19abb76d2cf81de248cb793e5286fd23c4cdcfb

The procedures prescribed in sections 903 and 904 of this title may
be waived during a period of national emergency proclaimed by the
President.
CHAPTER 11--SELECTION OF ARCHITECTS AND ENGINEERS
Sec.
1101.  Policy.
1102.  Definitions.
1103.  Selection procedure.
1104.  Negotiation of contract.

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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.

526e001819ea5c894ddb8edd81c47c8746df59bcd7144fa8ab9cfe6fba637783

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.

a4341833dee726673c803f832b6d0d59b0de5b1cf4766544f31f3002bcbf6057

(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.

128ad7a15616040473b9f2b18d6465457ccfae367fbc2103263003ac57171e4b

(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.
CHAPTER 13--PUBLIC PROPERTY
Sec.
1301.  Charge of property transferred to the Federal Government.
1302.  Lease of buildings.
1303.  Disposition of surplus real property.
1304.  Transfer of federal property to States.
1305.  Disposition of land acquired by devise.
1306.  Disposition of abandoned or forfeited personal property.
1307.  Disposition of securities.
1308.  Disposition of unfit horses and mules.
1309.  Preservation, sale, or collection of wrecked, abandoned, or
derelict property.
1310.  Sale of war supplies, land, and buildings.
1311.  Authority of President to obtain release.
1312.  Release of real estate in certain cases.
1313.  Releasing property from attachment.
1314.  Easements.
1315.  Special police.

4c5b3c3d91ca4084f5a2e4d417e07d7a6bd1d5b87fd56b3c2361d391933438fd

(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.

c1485ab27438712b36eef88b8b3c359ebc91810eb1a6cdcaecc8f11ff08a8bd0

To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, "Public Buildings, Property, and Works".

To revise, codify, and enact without substantive change certain general and permanent laws, related to public buildings, property, and works, as title 40, United States Code, "Public Buildings, Property, and Works".

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