USC Subchapter II

USC Subchapter II
in effect

40 U.S.C. § 521 Policies and methods

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

40 U.S.C. § 522 Reimbursement for transfer of excess property

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

40 U.S.C. § 523 Excess real property located on Indian reservations

(a) Procedures for Transfer.—The Administrator of General Services shall prescribe procedures necessary to transfer to the Secretary of the Interior, without compensation, excess real property located within the reservation of any group, band, or tribe of Indians that is recognized as eligible for services by the Bureau of Indian Affairs. (b) Property Held in Trust.—(1) In general.—Except as provided in paragraph (2), the Secretary shall hold excess real property transferred under this section in trust for the benefit and use of the group, band, or tribe of Indians, within whose reservation the excess real property is located. (2) Special requirement for oklahoma.—The Secretary shall hold excess real property that is located in Oklahoma and transferred under this section in trust for Oklahoma Indian tribes recognized by the Secretary if the real property—(A) is located within boundaries of former reservations in Oklahoma, as defined by the Secretary, and was held in trust by the Federal Government for an Indian tribe when the Government acquired it; or (B) is contiguous to real property presently held in trust by the Government for an Oklahoma Indian tribe and was held in trust by the Government for an Indian tribe at any time.

40 U.S.C. § 524 Duties of executive agencies

(a) Required.—Each executive agency shall—(1) maintain adequate inventory controls and accountability systems for property under its control; (2) continuously survey property under its control to identify excess property; (3) promptly report excess property to the Administrator of General Services; (4) perform the care and handling of excess property; (5) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator; (6) develop current and future workforce projections so as to have the capacity to assess the needs of the Federal workforce regarding the use of real property; (7) establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency; (8) submit to the Federal Real Property Council an annual report on all excess property that is real property and underutilized property in the inventory of the executive agency, including—(A) whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and (B) the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency; (9) adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets; (10) assess leased space to identify space that is not fully used or occupied; (11) on an annual basis and subject to the guidance of the Federal Real Property Council—(A) conduct an inventory of real property under control of the executive agency; and (B) make an assessment of each property, which shall include—(i) the age and condition of the property; (ii) the size of the property in square footage and acreage; (iii) the geographical location of the property, including an address and description; (iv) the extent to which the property is being utilized; (v) the actual annual operating costs associated with the property; (vi) the total cost of capital expenditures incurred by the Federal Government associated with the property; (vii) sustainability metrics associated with the property; (viii) the number of Federal employees and contractor employees and functions housed at the property; (ix) the extent to which the mission of the executive agency is dependent on the property; (x) the estimated amount of capital expenditures projected to maintain and operate the property during the 5-year period beginning on the date of enactment of this paragraph; and (xi) any additional information required by the Administrator of General Services to carry out section 623; (12) provide to the Federal Real Property Council and the Administrator of General Services the information described in paragraph (11)(B) to be used for the establishment and maintenance of the database described in section 21 of the Federal Assets Sale and Transfer Act of 2016; and (13) in accordance with guidance from the Administrator of General Services—(A) on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating—(i) the age and condition of the personal property; (ii) the extent to which the executive agency utilizes the personal property; (iii) the extent to which the mission of the executive agency is dependent on the personal property; and (iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and (B) on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating—(i) the age and condition of the personal property; (ii) the extent to which the executive agency utilizes the personal property; (iii) the extent to which the mission of the executive agency is dependent on the personal property; and (iv) any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate. (b) 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. (c) Definition of Executive Agency.—For the purpose of paragraphs (6) through (12) of subsection (a), the term “executive agency” shall have the meaning given the term “Federal agency” in section 621.

40 U.S.C. § 525 Excess personal property for federal agency grantees

(a) General Prohibition.—A federal agency is prohibited from obtaining excess personal property for the purpose of furnishing the property to a grantee of the agency, except as provided in this section. (b) Exception for Public Agencies and Tax-exempt Nonprofit Organizations.—(1) In general.—Under regulations the Administrator of General Services may prescribe, a federal agency may obtain excess personal property for the purpose of furnishing it to a public agency or an organization that is nonprofit 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 11 So in original. Probably should be capitalized. or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.); (B) a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or (C) an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains title. (d) Other Exceptions.—Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to—(1) property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title; (2) scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1870(e)); (3) property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or (4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).

40 U.S.C. § 526 Temporary assignment of excess real property

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

40 U.S.C. § 527 Abandonment, destruction, or donation of property

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

40 U.S.C. § 528 Utilization of excess furniture

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

40 U.S.C. § 529 Annual executive agency reports on excess personal property

(a) In General.—During the calendar quarter following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on personal property—(1) obtained as—(A) excess property; or (B) personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and (2) furnished within the United States to a recipient other than a federal agency. (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. (c) Compilation of Data.—Not later than 180 days following the close of a fiscal year, the Administrator shall compile the data in the reports submitted under subsection (a) and submit to the Committee on Homeland Security 11 So in original. The word “and” probably should appear. Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives and publish on a centralized online website a publicly available report, which shall include—(1) the complete data provided in each report in a user-friendly format; (2) a summary of the findings of each report, including the aggregate dollar amount of personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and (3) any other recommendations from the Administrator.

40 U.S.C. § 530 Internal guidance on excess personal property

(a) Initial Report.—Not later than 180 days after the date of enactment of this section, each executive agency shall submit to the Administrator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include—(1) a requirement to consider excess personal property before buying new; (2) when it is practicable to check for and obtain excess personal property; (3) how to evaluate the suitability of excess personal property for use; and (4) defined roles and responsibilities relevant to considering the use of excess personal property, including the designation of an employee as responsible for searching through available excess personal property for items that meet the needs of the executive agency. (b) Updates.—Each executive agency shall submit to the Administrator of General Services and update on the website of the executive agency any changes to the internal guidance submitted and made available under subsection (a).

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