CHAPTER 5 - PROPERTY MANAGEMENT

Title 40 > CHAPTER 5

Sections (81)

§ 501 Services for executive agencies

(a) Authority of Administrator of General Services.— The Administrator of General Services shall take action under this subchapter for an executive agency— 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 with due regard to the program activities of the agency. 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.— The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and perform functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting. A contract for public utility services may be made for a period of not more than 10 years. The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and related functions. 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 division B (except sections 1704 and 2303) of subtitle I of title 41.

(c) Representation.— For transportation and other public utility services used by executive agencies, the Administrator of General Services shall represent the agencies— in negotiations with carriers and other public utilities; and in proceedings involving carriers or other public utilities before federal and state regulatory bodies. Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Administrator shall— notify the senior mission commander of the installation; and solicit and represent the interests of the installation as determined by the installation’s senior mission commander.

(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.

§ 502 Services for other entities

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

(b) Qualified Nonprofit Agencies.— 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 qualified nonprofit agency for the blind (as defined in section 8501(7) of title 41 ); or a qualified nonprofit agency for other severely disabled (as defined in section 8501(6) of title 41 ); and providing a commodity or service to the Federal Government under chapter 85 of title 41. 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 8503 of title 41 to be suitable for procurement by the Government.

(c) Use of Certain Supply Schedules.— The Administrator may provide for the use by State or local governments of Federal supply schedules of the General Services Administration for the following: Automated data processing equipment (including firmware), software, supplies, support equipment, and services (as contained in Federal supply classification code group 70). Alarm and signal systems, facility management systems, firefighting and rescue equipment, law enforcement and security equipment, marine craft and related equipment, special purpose clothing, and related services (as contained in Federal supply classification code group 84 or any amended or subsequent version of that Federal supply classification group). In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Federal Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such supply schedule. In this subsection: The term “State or local government” includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education). The term “tribal government” means— the governing body of any Indian tribe, band, nation, or other organized group or community located in the continental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq.). The term “local educational agency” has the meaning given that term in section 7013 of the Elementary and Secondary Education Act of 1965. The term “institution of higher education” has the meaning given that term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).

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

(e) Use of Supply Schedules by the Red Cross and Other Qualified Organizations.— The Administrator may provide for the use by the American National Red Cross and other qualified organizations of Federal supply schedules. Purchases under this authority by the American National Red Cross shall be used in furtherance of the purposes of the American National Red Cross set forth in section 300102 of title 36 , United States Code. Purchases under this authority by other qualified organizations shall be used in furtherance of purposes determined to be appropriate to facilitate emergency preparedness and disaster relief and set forth in guidance by the Administrator of General Services, in consultation with the Administrator of the Federal Emergency Management Agency. The authority under this subsection may not be used to purchase supplies for resale. In this subsection, the term “qualified organization” means a relief or disaster assistance organization as described in section 309 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5152 ).

(f) Duty of Users Regarding Use of Supply Schedules.— All users of Federal supply schedules, including non-Federal users, shall use the schedules in accordance with the ordering guidance provided by the Administrator of General Services.

§ 503 Exchange or sale of similar items

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

(b) Applicable Regulation and Law.— 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 division B (except sections 1704 and 2303) of subtitle I of title 41. A transaction under subsection (a) must be evidenced in writing. Section 6101(b) to (d) of title 41 applies to a sale of property under subsection (a), except that fixed price sales may be conducted in the same manner and subject to the same conditions as are applicable to the sale of property under section 545(d) of this title .

§ 504 Agency cooperation for inspection

(a) Receiving Assistance.— An executive agency may use the services, work, materials, and equipment of another executive agency, with the consent of the other executive agency, to inspect personal property incident to procuring the property.

(b) Providing Assistance.— Notwithstanding section 1301(a) of title 31 or any other law, an executive agency may provide services, work, materials, and equipment for purposes of this section without reimbursement or transfer of amounts.

(c) Policies and Methods.— The use or provision of services, work, materials, and equipment under this section must be in conformity with policies and methods the Administrator of General Services prescribes under section 501 of this title .

§ 505 Exchange or transfer of medical supplies

(a) Excess Property Determination.— 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— the remaining storage or shelf life is too short to justify continued retention for national emergency purposes; and transfer or other disposal is in the national interest. 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.— 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. 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. If the materials or supplies are not transferred to or exchanged with another federal agency, they shall be disposed of as surplus property.

§ 506 Inventory controls and systems

(a) Activities of the Administrator of General Services.— 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: Survey and obtain executive agency reports on Federal Government property and property management practices. 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. Establish and maintain a uniform federal supply catalog system that is appropriate to identify and classify personal property under the control of federal agencies. Prescribe standard purchase specifications and standard forms and procedures (except forms and procedures that the Comptroller General prescribes by law) subject to regulations the Administrator for Federal Procurement Policy prescribes under division B (except sections 1704 and 2303) of subtitle I of title 41. Establish thresholds for acquisitions of personal property for which executive agencies shall capitalize the personal property. Notwithstanding section 121(b), for the management and accountability of personal property, establish thresholds for acquisitions of personal property for which executive agencies shall establish and maintain property records in a centralized system. 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. 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.

§ 521 Policies and methods

Subject to section 523 of this title , in order to minimize expenditures for property, the Administrator of General Services shall— prescribe policies and methods to promote the maximum use of excess property by executive agencies; and provide for the transfer of excess property— among federal agencies; and to the organizations specified in section 321(c)(2) of this title . ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1083 .)

§ 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— net proceeds are requested under section 574(a) of this title ; or either the transferor or the transferee agency (or the organizational unit affected) is— subject to chapter 91 of title 31; or 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 .

§ 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.— 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. 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— 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 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.

§ 524 Duties of executive agencies

(a) Required.— Each executive agency shall— maintain adequate inventory controls and accountability systems for property under its control; continuously survey property under its control to identify excess property; promptly report excess property to the Administrator of General Services; perform the care and handling of excess property; transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator; 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; establish goals and policies that will lead the executive agency to reduce excess property and underutilized property in the inventory of the executive agency; 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— whether underutilized property can be better utilized, including through collocation with other executive agencies or consolidation with other facilities; and the extent to which the executive agency believes that retention of the underutilized property serves the needs of the executive agency; adopt workplace practices, configurations, and management techniques that can achieve increased levels of productivity and decrease the need for real property assets; assess leased space to identify space that is not fully used or occupied; on an annual basis and subject to the guidance of the Federal Real Property Council— conduct an inventory of real property under control of the executive agency; and make an assessment of each property, which shall include— the age and condition of the property; the size of the property in square footage and acreage; the geographical location of the property, including an address and description; the extent to which the property is being utilized; the actual annual operating costs associated with the property; the total cost of capital expenditures incurred by the Federal Government associated with the property; sustainability metrics associated with the property; the number of Federal employees and contractor employees and functions housed at the property; the extent to which the mission of the executive agency is dependent on the property; 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 any additional information required by the Administrator of General Services to carry out section 623; 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 in accordance with guidance from the Administrator of General Services— on an annual basis, conduct an inventory and assessment of capitalized personal property to identify excess capitalized personal property under its control, including evaluating— the age and condition of the personal property; the extent to which the executive agency utilizes the personal property; the extent to which the mission of the executive agency is dependent on the personal property; and any other aspect of the personal property that the Administrator determines is useful or necessary for the executive agency to evaluate; and on a regular basis, conduct an inventory and assessment of accountable personal property under its control, including evaluating— the age and condition of the personal property; the extent to which the executive agency utilizes the personal property; the extent to which the mission of the executive agency is dependent on the personal property; and 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— 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; transfer excess property under its control to other federal agencies and to organizations specified in section 321(c)(2) of this title ; and 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.

§ 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.— 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— the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision; the property is to be furnished for use in connection with the grant; and 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 the amount is deposited in the Treasury as miscellaneous receipts. 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.— 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. Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to— a state 1 or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act ( 7 U.S.C. 341 et seq.); 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 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— 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 ; scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 ( 42 U.S.C. 1870(e) ); 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 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) ).

§ 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.

§ 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— the property has no commercial value; or the estimated cost of continued care and handling exceeds the estimated proceeds from sale. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1086 .)

§ 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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1086 .)

§ 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— obtained as— excess property; or personal property determined to be no longer required for the purpose of the appropriation used to make the purchase; and 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— the acquisition cost of the property; the recipient of the property; and 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 1 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— the complete data provided in each report in a user-friendly format; 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 any other recommendations from the Administrator.

§ 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— a requirement to consider excess personal property before buying new; when it is practicable to check for and obtain excess personal property; how to evaluate the suitability of excess personal property for use; and 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).

§ 541 Supervision and direction

Except as otherwise provided in this subchapter, the Administrator of General Services shall supervise and direct the disposition of surplus property in accordance with this subtitle. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1086 .)

§ 542 Care and handling

The disposal of surplus property, and the care and handling of the property pending disposition, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agency in possession of the property or by any other executive agency that agrees. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1086 .)

§ 543 Method of disposition

An executive agency designated or authorized by the Administrator of General Services to dispose of surplus property may do so by sale, exchange, lease, permit, or transfer, for cash, credit, or other property, with or without warranty, on terms and conditions that the Administrator considers proper. The agency may execute documents to transfer title or other interest in the property and may take other action it considers necessary or proper to dispose of the property under this chapter. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1086 .)

§ 544 Validity of transfer instruments

A deed, bill of sale, lease, or other instrument executed by or on behalf of an executive agency purporting to transfer title or other interest in surplus property under this chapter is conclusive evidence of compliance with the provisions of this chapter concerning title or other interest of a bona fide grantee or transferee for value and without notice of lack of compliance. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1087 .)

§ 545 Procedure for disposal

(a) Public Advertising for Bids.— 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. This subsection does not apply to disposal or a contract for disposal of surplus property— under subsection (b) or (d); or by abandonment, destruction, or donation or through a contract broker. 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. Bids must be publicly disclosed at the time and place stated in the advertisement. An award shall be made with reasonable promptness by notice to the responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so.

(b) Negotiated Disposal.— Under regulations the Administrator prescribes, disposals and contracts for disposal may be negotiated without regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if— necessary in the public interest— during the period of a national emergency declared by the President or Congress, with respect to a particular lot of personal property; or for a period not exceeding three months, with respect to a specifically described category of personal property as determined by the Administrator; the public health, safety, or national security will be promoted by a particular disposal of personal property; public exigency will not allow delay incident to advertising certain personal property; 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; the estimated fair market value of the property involved does not exceed $15,000; 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; 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; 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 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.— 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. 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.— Except as provided in subparagraph (B), an explanatory statement of the circumstances shall be prepared for each disposal by negotiation of— personal property that has an estimated fair market value in excess of $15,000;realpropertythathasanestimatedfairmarketvalueinexcessof$100,000, except that real property disposed of by lease or exchange is subject only to clauses (iii)–(v) of this subparagraph; real property disposed of by lease for a term of not more than 5 years, if the estimated fair annual rent is more than $100,000foranyyear;realpropertydisposedofbyleaseforatermofmorethan5years,ifthetotalestimatedrentoverthetermoftheleaseismorethan$100,000; or 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. 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. 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. 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,inthecaseofrealproperty,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 6101(b)–(d) of title 41 does not apply to a disposal or contract for disposal made under this section.

§ 546 Contractor inventories

Subject to regulations of the Administrator of General Services, an executive agency may authorize a contractor or subcontractor with the agency to retain or dispose of contractor inventory. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1089 .)

§ 547 Agricultural commodities, foods, and cotton or woolen goods

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

(b) Transfers to Department of Agriculture.— 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. 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 . 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.

§ 548 Surplus vessels

(a) In General.— Except as provided in subsection (b), the Maritime Administration shall dispose of surplus vessels of 1,500 gross tons or more which the Administration determines to be merchant vessels or capable of conversion to merchant use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and other laws authorizing the sale of such vessels.

(b) National Oceanic and Atmospheric Administration Vessels and Equipment.— The Administrator of the National Oceanic and Atmospheric Administration may dispose of covered vessels and equipment, which would otherwise be disposed of under subsection (a), through sales or transfers under this title. During the 2-year period beginning of the date of enactment of the National Defense Authorization Act for Fiscal Year 2026, notwithstanding section 571 of this title or section 3302 of title 31 , the Administrator of the National Oceanic and Atmospheric Administration may— retain the proceeds from the sale or transfer of a covered vessel or equipment under paragraph (1) until expended under subparagraph (B); and use such proceeds, without fiscal year limitation, for the acquisition of new covered vessels and equipment or the repair and maintenance of existing covered vessels and equipment. In this subsection, the term “covered vessels and equipment” means survey and research vessels and related equipment owned by the Federal Government and under the control of the National Oceanic and Atmospheric Administration.

§ 549 Donation of personal property through state agencies

(a) Definitions.— In this section, the following definitions apply: The term “public agency” means— a State; a political subdivision of a State (including a unit of local government or economic development district); a department, agency, or instrumentality of a State (including instrumentalities created by compact or other agreement between States or political subdivisions); or an Indian tribe, band, group, pueblo, or community located on a state reservation. 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. 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.— 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. Property referred to in paragraph (1) is any personal property that— is under the control of an executive agency; and has been determined to be surplus property. 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. Transfer of property under this section is without cost, except for any costs of care and handling.

(c) Allocation and Transfer of Property.— 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. 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. The Administrator shall transfer to a state agency property the state agency selects for distribution through donation within the State— 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; 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— a medical institution, hospital, clinic, health center, or drug abuse treatment center; 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 )); a school, college, or university; a school for the mentally retarded or physically handicapped; a child care center; a radio or television station licensed by the Federal Communications Commission as an educational radio or educational television station; a museum attended by the public, and, for purposes of determining whether a museum is attended by the public, the Administrator shall consider a museum to be public if the nonprofit educational or public health institution or organization, at minimum, accedes to any request submitted for access during business hours; a library serving free all residents of a community, district, State, or region; or a historic light station as defined under section 305101(4) of title 54 , including a historic light station conveyed under section 305103 of title 54 , notwithstanding the number of hours that the historic light station is open to the public; or for purposes of providing services to veterans (as defined in section 101 of title 38 ), to an organization whose— membership comprises substantially veterans; and representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title 38 . This subsection does not apply to property transferred under subsection (d).

(d) Department of Defense Property.— 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. 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. 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.— 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. 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. 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. The chief executive officer of the State shall certify and submit the state plan of operation to the Administrator. The state plan of operation shall include adequate assurance that the state agency has— the necessary organizational and operational authority and capability including staff, facilities, and means and methods of financing; and 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. 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. 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. 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. 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. 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. The state plan of operation shall provide that the state agency— may impose reasonable terms, conditions, reservations, and restrictions on the use of property to be donated under subsection (c); and 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. 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. 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— 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 under this subtitle, on terms and conditions and in a manner the Administrator prescribes. 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.— 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— the Administrator; the Secretary of Education, for property transferred under section 550(c) of this title ; the Secretary of Health and Human Services, for property transferred under section 550(d) of this title ; or the head of a federal agency designated by the Administrator, the Secretary of Education, or the Secretary of Health and Human Services. The cooperative agreement may provide that the property, facilities, personnel, or services of— a state agency may be used by a federal agency; and a federal agency may be made available to a state agency. 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. 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. Retention of surplus property under this paragraph is subject to conditions that may be imposed by— the Administrator; the Secretary of Education, for property transferred under section 550(c) of this title ; or the Secretary of Health and Human Services, for property transferred under section 550(d) of this title .

§ 549a Donation of personal property through nonprofit refurbishers

(a) Authorization.— Not later than 30 days after the date on which the Administrator provides State agencies for surplus property an opportunity to review surplus computer or technology equipment under section 549, the Administrator shall, as appropriate, transfer full title to such surplus computer or technology equipment that is determined to be eligible under subsection (b)(1) to nonprofit computer refurbishers for repair, distribution, and subsequent transfer of full title of the equipment to eligible recipients under this section.

(b) Eligibility, Participation, and Duties.— Surplus computer or technology equipment is eligible for transfer under this section if a Federal agency determines that— the surplus computer or technology equipment is repairable; and the surplus computer or technology equipment meets the Guidelines for Media Sanitization issued by the National Institute of Standards and Technology (NIST Special Publication 800–88), or any successor thereto. The Administrator may establish partnerships with nongovernmental entities, at no cost and through cooperative agreements, to facilitate the identification and participation of nonprofit computer refurbishers under this section. A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall— make necessary repairs to restore the surplus computer or technology equipment to working order; distribute the repaired surplus computer or technology equipment to eligible recipients at no cost, except to the extent— necessary to facilitate shipping and handling of such equipment; and that such cost is consistent with any regulations promulgated by the Administrator under subsection (d); offer training programs on the use of the repaired computers and technology equipment for the recipients of the equipment; and use recyclers to the maximum extent practicable in the event that surplus computer or technology equipment transferred under this section cannot be repaired or reused.

(c) Reporting Requirements.— A nonprofit computer refurbisher that receives surplus computer or technology equipment under this section shall provide the Administrator with any information the Administrator determines to be necessary for required reporting— including information about the distribution of such equipment; and which shall not include any personal identifying information about the recipient of such equipment apart from whether a recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran for the purposes of eligibility under this section. Annually and consistent with reporting requirements for transfers of Federal personal property to non-Federal entities, the Administrator shall submit to Congress and make publicly available a report that includes, for the period covered by the report— a description of the efforts of the Administrator under this section; a list of nongovernmental entities with which the Administrator had a partnership described in subsection (b)(2); a list of nonprofit computer refurbishers that received, made repairs to, and distributed surplus computer and technology equipment, including disclosure of any foreign ownership interest in a nonprofit computer refurbisher; and a list of donated and subsequently repaired surplus computer or technology equipment identifying— the Federal agency that donated the surplus computer or technology equipment; the State and county (or similar unit of local government) where the recipient is located; and whether the recipient is an educational institution, individual with disabilities, low-income individual, student, senior in need, or veteran. Not later than 5 years after the date of enactment of this section, and annually thereafter, the head of each Federal agency shall make publicly available a report on the number of pieces of repairable surplus computer or technology equipment that were sent to recycling, abandoned, or destroyed.

(d) Regulations.— The Administrator shall issue regulations that are necessary and appropriate to implement this section, including— allowing nonprofit computer refurbishers to assess nominal fees (which shall not exceed fair market value) on recipients of refurbished surplus computer or technology equipment to facilitate shipping and handling of the surplus computer or technology equipment; determining, in coordination with other relevant Federal agencies, eligibility and certification requirements for nongovernmental entities and nonprofit computer refurbishers to participate in the program established under this section, including whether the participation of a nongovernmental entity or nonprofit computer refurbisher poses any actual or potential harm to the national security interests of the United States; establishing an efficient process for identifying eligible recipients; and determining appropriate recyclers to dispose of surplus computer or technology equipment if it cannot be repaired or refurbished under this section.

(e) Judicial Review.— Nothing in this section shall be construed to create any substantive or procedural right or benefit enforceable by law by a party against the United States, its agencies, its officers, or its employees.

(f) Rule of Construction.— Nothing in this section may be construed to supersede the requirements of the Stevenson-Wydler Technology Innovation Act of 1980 ( Public Law 96–480 ; 15 U.S.C. 3701 et seq.).

(g) Definitions.— In this section: The term “Administrator” means the Administrator of General Services. The term “digital divide” means the gap between those who have an internet-connected computer and the skills to use the computer and those who do not. The term “disability” has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term “educational institution” means— any public or private child care center, preschool, elementary school, secondary school, accredited institution of vocational or professional education, or institution of higher education; in the case of an accredited institution of vocational or professional education or an institution of higher education composed of more than 1 school, college, or department that is administratively a separate unit, each such school, college, or department; and a home school (whether treated as a home school or private school for the purposes of applicable State law). The term “eligible recipient” means an educational institution, individual with a disability, low-income individual, student, senior in need, or veteran that is residing or based in the United States. The term “institution of higher education” has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). The term “low-income individual” has the meaning given that term in section 351 of the Small Business Investment Act of 1958 ( 15 U.S.C. 689 ). The term “nongovernmental entity” means an organization or group of organizations that— are not part of a Federal, State, local, Tribal, or territorial government; and are nonprofit computer refurbishers or other industry participants that— primarily work to improve access to information and communication technology in their mission to bridge the digital divide through coordination and oversight of computer refurbishment and repair; and operate in the United States. The term “nonprofit computer refurbisher” means a nonprofit organization that— primarily works to improve access to information and communication technology in their mission to bridge the digital divide; and operates in the United States. The term “nonprofit organization” means an organization that is described under section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. The term “repairable” means property that is unusable in its current state but can be economically repaired. The term “secondary school” has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). The term “senior” means an individual who is 65 years of age or older. The term “senior in need” means a senior who experiences cultural, social, or geographical isolation that— restricts the ability of the senior to perform normal daily tasks; or threatens the capacity of the senior to live independently. The term “State agency for surplus property” has the meaning given the term “state agency” under section 549(a). The term “student” means any individual enrolled in an educational institution, but not a public or private child care center. The term “surplus computer or technology equipment” means computer or technology equipment that is property described under section 549(b)(2). The term “technology equipment” means any physical asset related to a computer or information technology, including any peripheral component, tablet, communication device (such as a router, server, or cell phone), printer, scanner, uninterruptible power source, cable, or connection. The term “veteran” has the meaning given that term in section 101 of title 38 .

§ 550 Disposal of real property for certain purposes

(a) Definition.— In this section, the term “State” includes the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

(b) Enforcement and Revision of Instruments Transferring Property Under This Section.— Subject to disapproval by the Administrator of General Services within 30 days after notice of a proposed action to be taken under this section, except for personal property transferred pursuant to section 549 of this title , the official specified in paragraph (2) shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer under this section is made. The official shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The official shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved to the Federal Government by the instrument, if the official determines that the property no longer serves the purpose for which it was transferred or that a release, conveyance, or quitclaim deed will not prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be made subject to terms and conditions that the official considers necessary to protect or advance the interests of the Government. The official referred to in paragraph (1) is— the Secretary of Education, for property transferred under subsection (c) for school, classroom, or other educational use; the Secretary of Health and Human Services, for property transferred under subsection (d) for use in the protection of public health, including research; the Secretary of the Interior, for property transferred under subsection (e) for public park or recreation area use; 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 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.— 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. 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) ). 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.— 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. 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) ). 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.— 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. 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. 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. The deed of conveyance of any surplus real property disposed of under this subsection— 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 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.— 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. 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. 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— 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 dwellings constructed, rehabilitated, or refurbished through use of the property shall be quality dwellings that comply with local building and safety codes and standards and shall be available at prices below prevailing market prices. 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) ). 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. 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.— 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. 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.). 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.— 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. Property may be determined to be suitable and desirable for use as a historic monument only in conformity with a recommendation by the National Park System Advisory Board established under section 102303 of title 54 . Only the portion of the property that is necessary for the preservation and proper observation of the property’s historic features may be determined to be suitable and desirable for use as a historic monument. The Administrator may authorize use of any property conveyed under this subsection for revenue-producing activities if the Secretary of the Interior— determines that the activities are compatible with use of the property for historic monument purposes; approves the grantee’s plan for repair, rehabilitation, restoration, and maintenance of the property; approves the grantee’s plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and examines and approves the accounting and financial procedures used by the grantee. 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. The Secretary of the Interior may periodically audit the records of the grantee that are directly related to the property conveyed. The deed of conveyance of any surplus real property disposed of under this subsection— 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 may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to safeguard the interests of the Government.

§ 551 Donations to American Red Cross

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. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1099 .)

§ 552 Abandoned or unclaimed property on Government premises

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

(b) Claim Filed by Former Owner.— If a former owner files a proper claim within three years from the date that title to the property vests in the Government, the former owner shall be paid an amount— equal to the proceeds realized from the disposition of the property less costs incident to care and handling as determined by the Administrator; or 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.

§ 553 Property for correctional facility, law enforcement, and emergency management response purposes

(a) Definition.— In this section, the term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mariana Islands.

(b) Authority To Transfer Property.— The Administrator of General Services, in the 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— 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; the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.

(c) No Monetary Consideration.— A transfer or conveyance under this section shall be made without monetary consideration to the Federal Government.

(d) Deed of Conveyance.— The deed of conveyance of any surplus real and related personal property disposed of under this section— 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 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.

§ 554 Property for development or operation of a port facility

(a) Definitions.— In this section, the following definitions apply: The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10 . 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.— 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. A transfer of property may be made under this section only after the Secretary of Transportation has— determined, after consultation with the Secretary of Labor, that the property to be conveyed is located in an area of serious economic disruption; 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 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— 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 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.

§ 555 Donation of law enforcement canines to handlers

The head of a federal agency having control of a canine that has been used by a federal agency in the performance of law enforcement duties and that has been determined by the agency to be no longer needed for official purposes may donate the canine to an individual who has experience handling canines in the performance of those duties. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1102 .)

§ 556 Disposal of dredge vessels

(a) In General.— The Administrator of General Services, pursuant to sections 521 through 527, 529, and 549 of this title, may dispose of a United States Army Corps of Engineers vessel used for dredging, together with related equipment owned by the Federal Government and under the control of the Chief of Engineers, if the Secretary of the Army declares the vessel to be in excess of federal needs.

(b) Recipients and Purposes.— Disposal under this section is accomplished— through sale or lease to— a foreign government as part of a Corps of Engineers technical assistance program; a federal or state maritime academy for training purposes; or a non-federal public body for scientific, educational, or cultural purposes; or through sale solely for scrap to foreign or domestic interests.

(c) No Dredging Activities.— A vessel described in subsection (a) shall not be disposed of under any law for the purpose of engaging in dredging activities within the United States.

(d) Deposit of Amounts Collected.— Amounts collected from the sale or lease of a vessel or equipment under this section shall be deposited into the revolving fund authorized by section 101 (9th par.) of the Civil Functions Appropriation 1 Act, 1954 ( 33 U.S.C. 576 ), to be available, as provided in appropriation laws, for the operation and maintenance of vessels under the control of the Corps of Engineers.

§ 557 Donation of books to Free Public Library

Subject to regulations under this subtitle, a book that is no longer needed by an executive department, bureau, or commission of the Federal Government, and that is not an advisable addition to the Library of Congress, shall be turned over to the Free Public Library of the District of Columbia for general use if the book is appropriate for the Free Public Library. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1102 .)

§ 558 Donation of forfeited vessels

(a) In General.— A vessel that is forfeited to the Federal Government may be donated, in accordance with procedures under this subtitle, to an eligible institution described in subsection (b).

(b) Eligible Institution.— An eligible institution referred to in subsection (a) is an educational institution with a commercial fishing vessel safety program or other vessel safety, education and training program. The institution must certify to the federal officer making the donation that the program includes, at a minimum, all of the following courses in vessel safety: Vessel stability. Firefighting. Shipboard first aid. Marine safety and survival. 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: 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. The institution is responsible for maintaining the vessel. The vessel may be used only for instructing students in a vessel safety education and training program. 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. 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. 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.

§ 559 Advice of Attorney General with respect to antitrust law

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

(b) Advice Required.— 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. This section does not apply to disposal of— real property, if the estimated fair market value is less than $3,000,000;orpersonalproperty(otherthanapatent,process,technique,orinvention),iftheestimatedfairmarketvalueislessthan$3,000,000.

(c) Notice to Attorney 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. 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— give advice required by this section; or 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.

§ 571 General rules for deposit and use of proceeds

(a) Deposit in Treasury as Miscellaneous Receipts.— Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. The proceeds referred to in paragraph (1) are proceeds under this chapter from a— transfer of excess property to a federal agency for agency use; or 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.

§ 572 Real property

(a) In General.— 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. 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: Fees of appraisers, auctioneers, and realty brokers, in accordance with the scale customarily paid in similar commercial transactions. Costs of environmental and historic preservation services, highest and best use of property studies, utilization of property studies, deed compliance inspection, and the expenses incurred in a relocation. Advertising and surveying. 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. The Director of the Office of Management and Budget each quarter shall determine the maximum amount that may be obligated under this paragraph. 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. At least once each year, excess amounts beyond current operating needs shall be transferred from the fund described in paragraph (1) to miscellaneous receipts. 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.— In this subsection, the following definitions apply: The term “military installation” has the meaning given that term in section 2687(e)(1) 1 of title 10. The term “base closure law” has the meaning given that term in section 101(a)(17) of title 10 . 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. This subsection does not apply to— damaged or deteriorated military family housing facilities conveyed under section 2854a of title 10 ; or property at a military installation designated for closure or realignment pursuant to a base closure law. 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. 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. 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. 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: 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. In the case of property located at any other military installation— 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 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. 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.

§ 573 Personal property

The Administrator of General Services may retain from the proceeds of sales of personal property the Administrator conducts amounts necessary to recover, to the extent practicable, costs the Administrator (or the Administrator’s agent) incurs in conducting the sales. The Administrator shall deposit amounts retained into the Acquisition Services Fund established under section 321(a) of this title . From the amounts deposited, the Administrator may pay direct costs and reasonably related indirect costs incurred in conducting sales of personal property. At least once each year, amounts retained that are not needed to pay the direct and indirect costs shall be transferred from the Acquisition Services Fund to the general fund or another appropriate account in the Treasury. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1107 ; Pub. L. 109–313, § 3(h)(4) , Oct. 6, 2006 , 120 Stat. 1736 .)

§ 574 Other rules regarding proceeds

(a) Credit to Reimbursable Fund or Appropriation.— This subsection applies to property acquired with amounts— not appropriated from the general fund of the Treasury; or appropriated from the general fund of the Treasury but by law reimbursable from assessment, tax, or other revenue or receipts. The net proceeds of a disposition or transfer of property described in paragraph (1) shall be— credited to the applicable reimbursable fund or appropriation; or paid to the federal agency that determined the property to be excess. 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. 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.— 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— appropriate refunds to purchasers for dispositions that are rescinded or that do not become final; and payments for breach of warranty. 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— shall administer and manage the credit, lease, or permit, and any security for the credit, lease, or permit; and may enforce, adjust, and settle any right of the Government with respect to the credit, lease, or permit.

§ 581 General authority of Administrator of General Services

([(a) Repealed. Pub. L. 107–296, title XVII, § 1706(a)(1) , Nov. 25, 2002 , 116 Stat. 2316 .]

(b) Personnel and Equipment.— The Administrator of General Services may— employ and pay personnel at per diem rates approved by the Administrator, not exceeding rates currently paid by private industry for similar services in the place where the services are performed; and purchase, repair, and clean uniforms for civilian employees of the General Services Administration who are required by law or regulation to wear uniform clothing.

(c) Acquisition and Management of Property.— The Administrator may acquire, by purchase, condemnation, or otherwise, real estate and interests in real estate. 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. 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. 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— set forth the circumstances that make the repair, alteration, or improvement advantageous; and 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. 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. 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.— 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 . A lease under this subsection may be negotiated without public advertising for bids if— the lessee is— the former owner from whom the Government acquired the property; or the former owner’s tenant in possession; and the lease is negotiated incident to or in connection with the acquisition of the property. 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— employment of personal services without regard to chapters 33 and 51 and subchapter III of chapter 53 of title 5; providing Government-owned and leased space for personnel and parking; paying overtime to guard and custodial forces; erecting and removing stands and platforms; providing and operating first-aid stations; providing furniture and equipment; and providing other incidental services in the discretion of the Administrator.

(f) Utilities for Defense Industrial Reserve and Surplus Property.— The Administrator may— 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— any part of the Defense Industrial Reserve pursuant to section 4881 of title 10 ; or surplus real property; and 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— 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 credit the payments to the applicable appropriation of the Administration.

(h) Cooperative Use of Public Buildings.— 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. 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. 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. 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.

“SECTION 1 SHORT TITLE.

“This Act may be cited as the ‘Federal Buildings Personnel Training Act of 2010’.

“SEC. 2 TRAINING OF FEDERAL BUILDING PERSONNEL.

(“(a) Identification of Core Competencies.— Not later than 18 months after the date of enactment of this Act [ Dec. 14, 2010 ], and annually thereafter, the Administrator of General Services, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, and after providing notice and an opportunity for comment, shall identify the core competencies necessary for Federal personnel performing building operations and maintenance, energy management, safety, and design functions to comply with requirements under Federal law. The core competencies identified shall include competencies relating to building operations and maintenance, energy management, sustainability, water efficiency, safety (including electrical safety), and building performance measures.

(“(b) Designation of Relevant Courses, Certifications, Degrees, Licenses, and Registrations.— The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall identify a course, certification, degree, license, or registration to demonstrate each core competency, and for ongoing training with respect to each core competency, identified for a category of personnel specified in subsection (a).

(“(c) Identified Competencies.— An individual shall demonstrate each core competency identified by the Administrator under subsection (a) for the category of personnel that includes such individual. An individual shall demonstrate each core competency through the means identified under subsection (b) not later than one year after the date on which such core competency is identified under subsection (a) or, if the date of hire of such individual occurs after the date of such identification, not later than one year after such date of hire. In the case of an individual hired for an employment period not to exceed one year, such individual shall demonstrate each core competency at the start of the employment period.

(“(d) Continuing Education.— The Administrator, in consultation with representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall develop or identify comprehensive continuing education courses to ensure the operation of Federal buildings in accordance with industry best practices and standards.

(“(e) Curriculum With Respect to Facility Management and Operation of High-Performance Buildings.— Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Administrator, acting through the head of the Office of Federal High-Performance Green Buildings, and the Secretary of Energy, acting through the head of the Office of Commercial High-Performance Green Buildings, in consultation with the heads of other appropriate Federal departments and agencies and representatives of relevant professional societies, industry associations, and apprenticeship training providers, shall develop a recommended curriculum relating to facility management and the operation of high-performance buildings.

(“(f) Applicability of This Section to Functions Performed Under Contract.— Training requirements under this section shall apply to non-Federal personnel performing building operations and maintenance, energy management, safety, and design functions under a contract with a Federal department or agency. A contractor shall provide training to, and certify the demonstration of core competencies for, non-Federal personnel in a manner that is approved by the Administrator.”

§ 582 Management of buildings by Administrator of General Services

(a) Request by Federal Agency or Instrumentality.— At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may operate, maintain, and protect a building that is owned by the Federal Government (or, in the case of a wholly owned or mixed-ownership Government corporation, by the corporation) and occupied by the agency or instrumentality making the request.

(b) Transfer of Functions by Director of the Office of Management and Budget.— 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. 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. A transfer of functions shall not be made under this subsection for a building located in a foreign country. 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. 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— located in the same vicinity; used wholly or predominantly for the special purposes of the agency with custody of the buildings; and not generally suitable for use by another agency. 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.

§ 583 Construction of buildings

(a) Authority.— At the request of a federal agency, a mixed-ownership Government corporation (as defined in chapter 91 of title 31), or the District of Columbia, the Administrator of General Services may— acquire land for a building or project authorized by Congress; 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 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.

§ 584 Assignment and reassignment of space

(a) Authority.— 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. The Administrator’s authority under paragraph (1) may be exercised only— in accordance with policies and directives the President prescribes under section 121(a) of this title ; after consultation with the head of the executive agency affected; and 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.

§ 585 Lease agreements

(a) In General.— 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. 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.— This subsection applies to rent received if the Administrator— determines that an unexpired portion of a lease of space to the Government is surplus property; and disposes of the property by sublease. 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.

(d) Any bargain-price option to purchase at less than fair market value contained in any lease agreement entered into on or after January 1, 2021 , pursuant to this section may be exercised only to the extent specifically provided for in subsequent appropriation Acts or other Acts of Congress.

“SECTION 1 SHORT TITLE; FINDINGS.

(“(a) Short Title.— This Act may be cited as the ‘Secure Federal Leases from Espionage And Suspicious Entanglements Act’ or the ‘Secure Federal LEASEs Act’.

(“(b) Findings.— Congress finds that— the Government Accountability Office has reported that the Federal Government often leases high-security space from private sector landlords; the General Services Administration collects highest-level and immediate ownership information through the System for Award Management, but it is not currently required to collect beneficial ownership information and lacks an adequate system for doing so; the General Services Administration and Federal agencies with leasing authority may not know if foreign owners have a stake in the buildings leased by the agencies, either through foreign-incorporated legal entities or through ownership in United States-incorporated legal entities, even when the leased space is used for classified operations or to store sensitive data; and according to a report of the Government Accountability Office, dated January 2017, that examined the risks of foreign ownership of Government-leased real estate, ‘leasing space in foreign-owned buildings could present security risks such as espionage and unauthorized cyber and physical access’.

“SEC. 2 DEFINITIONS.

“In this Act: Except as provided in subparagraph (B), the term ‘beneficial owner’ means, with respect to a covered entity, each natural person who, directly or indirectly, through any contract, arrangement, understanding, relationship, or otherwise— exercises control over the covered entity; or has a substantial interest in or receives substantial economic benefits from the assets of the covered entity. The term ‘beneficial owner’ does not include, with respect to a covered entity— a minor child; a person acting as a nominee, intermediary, custodian, or agent on behalf of another person; a person acting solely as an employee of the covered entity and whose control over or economic benefits from the covered entity derives solely from the employment status of the person; a person whose only interest in the covered entity is through a right of inheritance, unless the person also meets the requirements of subparagraph (A); or a creditor of the covered entity, unless the creditor also meets the requirements of subparagraph (A). The exceptions under subparagraph (B) shall not apply if used for the purpose of evading, circumventing, or abusing the requirements of this Act. The term ‘control’ means, with respect to a covered entity— having the authority or ability to determine how a covered entity is utilized; or having some decision-making power for the use of a covered entity. The term ‘covered entity’ means— a person, corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group; or any governmental entity or instrumentality of a government. The term ‘Executive agency’ has the meaning given the term in section 105 of title 5 , United States Code. The term ‘Federal agency’ means any Executive agency or any establishment in the legislative or judicial branch of the Government. The term ‘Federal lessee’— means the Administrator of General Services, the Architect of the Capitol, or the head of any Federal agency, other than the Department of Defense, that has independent statutory leasing authority; and does not include the head of an element of the intelligence community. The term ‘Federal tenant’— means a Federal agency that is occupying or will occupy a high-security leased space for which a lease agreement has been secured on behalf of the Federal agency; and does not include an element of the intelligence community. The term ‘foreign entity’ means a covered entity that is headquartered or incorporated in a country that is not the United States. The term ‘foreign person’ means an individual who is not a United States person. The term ‘high-security leased space’ means a space leased by a Federal lessee that— will be occupied by Federal employees for nonmilitary activities; and has a facility security level of III, IV, or V, as determined by the Federal tenant in consultation with the Interagency Security Committee, the Department of Homeland Security, and the General Services Administration. The term ‘highest-level owner’ means the entity that owns or controls an immediate owner of the offeror of a lease, or that owns or controls 1 or more entities that control an immediate owner of the offeror. The term ‘immediate owner’ means an entity, other than the offeror of a lease, that has direct control of the offeror, including ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. The term ‘intelligence community’ has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). The term ‘substantial economic benefits’ means, with respect to a natural person described in paragraph (1)(A)(ii), having an entitlement to the funds or assets of a covered entity that, as a practical matter, enables the person, directly or indirectly, to control, manage, or direct the covered entity. The term ‘United States person’ means an individual who— is a citizen of the United States; or is an alien lawfully admitted for permanent residence in the United States. The term ‘widely held’ means a fund that has not less than 100 natural persons as direct or indirect investors.

“SEC. 3 DISCLOSURE OF OWNERSHIP OF HIGH-SECURITY SPACE LEASED FOR FEDERAL AGENCIES.

(“(a) Required Disclosures.— Before entering into a lease agreement with a covered entity or approving a novation agreement with a covered entity involving a change of ownership under a lease that will be used for high-security leased space, a Federal lessee shall require the covered entity to identify and disclose whether the immediate or highest-level owner of the leased space, including an entity involved in the financing thereof, is a foreign person or a foreign entity, including the country associated with the ownership entity.

(“(b) Notification.— If a disclosure is made under subsection (a), the Federal lessee shall notify the Federal tenant of the building or other improvement that will be used for high-security space in writing, and consult with the Federal tenant, regarding security concerns and necessary mitigation measures, if any, prior to award of the lease or approval of the novation agreement.

(“(c) Timing.— A Federal lessee shall require a covered entity to provide the information described in subsection (a) when first submitting a proposal in response to a solicitation for offers issued by the Federal lessee. A Federal lessee shall require a covered entity to submit an update of the information described in subsection (a) annually, beginning on the date that is 1 year after the date on which the Federal tenant began occupancy, with information including— the list of immediate or highest-level owners of the covered entity during the preceding 1-year period of Federal occupancy; or the information required to be provided relating to each such immediate or highest-level owner.

“SEC. 4 IMMEDIATE, HIGHEST-LEVEL, AND BENEFICIAL OWNERS.

(“(a) Plan.— The General Services Administration, in coordination with the Office of Management and Budget, shall develop a Government-wide plan for agencies (as such term is defined in section 551 of title 5 , United States Code) for identifying all immediate, highest-level, or beneficial owners of high-security leased spaces before entering into a lease agreement with a covered entity for the accommodation of a Federal tenant in a high-security leased space.

(“(b) Requirements.— The plan described in subsection (a) shall include a process for collecting and utilizing the following information on each immediate, highest-level, or beneficial owner of a high-security leased space: Name. Current residential or business street address. An identifying number or document that verifies identity as a United States person, foreign person, or foreign entity. The plan described in subsection (a) shall— require the disclosure of any immediate, highest-level, or beneficial owner that is a foreign person; require that, if the Federal lessee is assigning the building or other improvement that will be used for high-security space to a Federal tenant, the Federal tenant shall be notified of the disclosure described in subparagraph (A); and exclude collecting ownership information on widely held pooled-investment vehicles, mutual funds, trusts, or other pooled-investment vehicles.

(“(c) Report and Implementation.— The General Services Administration shall— not later than 1 year after the date of enactment of this Act [ Dec. 31, 2020 ], submit the plan described in subsection (a) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives; not later than 2 years after the date of enactment of this Act, implement the plan described in subsection (a); and not later than 1 year after the implementation of the plan described in subsection (a), and each year thereafter for 9 years, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on the status of the implementation of the plan, including the number of disclosures made under subsection (b)(2).

“SEC. 5 OTHER SECURITY AGREEMENTS FOR LEASED SPACE.

“A lease agreement between a Federal lessee and a covered entity for the accommodation of a Federal agency in a building or other improvement that will be used for high-security leased space shall include language that provides that— the covered entity and any member of the property management company who may be responsible for oversight or maintenance of the high-security leased space shall not— maintain access to the high-security leased space; or have access to the high-security leased space without prior approval from the Federal tenant; access to the high-security leased space or any property or information located within that space will only be granted by the Federal tenant if the Federal tenant determines that the access is clearly consistent with the mission and responsibilities of the Federal tenant; and the Federal lessee shall have written procedures in place, signed by the Federal lessee and the covered entity, governing access to the high-security leased space in case of emergencies that may damage the leased property.

“SEC. 6 AGENCY NOTIFICATIONS.

“Not later than 60 days after the date of enactment of this Act [ Dec. 31, 2020 ], the Administrator of General Services, in consultation with the Office of Management and Budget, shall provide notification to relevant Executive branch agencies with independent leasing authorities of the requirements of this Act.

“SEC. 7 APPLICABILITY.

“Except where otherwise provided, this Act shall apply with respect to any lease or novation agreement entered into on or after the date that is 6 months after the date of enactment of this Act.”

§ 586 Charges for space and services

(a) Definition.— In this section, “space and services” means space, services, quarters, maintenance, repair, and other facilities.

(b) Charges by Administrator of General Services.— The Administrator of General Services shall impose a charge for furnishing space and services. 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. 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.— An executive agency, other than the Administration, may impose a charge for furnishing space and services at rates approved by the Administrator. 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.

§ 587 Telecommuting and other alternative workplace arrangements

(a) Definition.— In this section, the term “telecommuting centers” means flexiplace work telecommuting centers.

(b) Telecommuting Centers Established by Administrator of General Services.— The Administrator of General Services may acquire space for, establish, and equip telecommuting centers for use in accordance with this subsection. 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. 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. The Administrator may— deposit user fees into the Federal Buildings Fund and use the fees to pay costs incurred in establishing and operating the telecommuting center; and 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.— In this subsection, the term “alternative workplace arrangements” includes telecommuting, hoteling, virtual offices, and other distributive work arrangements. 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. 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.— 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. For each of the following departments and agencies, in each fiscal year at least $50,000 of amounts made available for salaries and expenses is available only for carrying out a flexiplace work telecommuting program: Department of Agriculture. Department of Commerce. Department of Defense. Department of Education. Department of Energy. Department of Health and Human Services. Department of Housing and Urban Development. Department of the Interior. Department of Justice. Department of Labor. Department of State. Department of Transportation. Department of the Treasury. Department of Veterans Affairs. Environmental Protection Agency. General Services Administration. Office of Personnel Management. Small Business Administration. Social Security Administration. United States Postal Service.

§ 588 Movement and supply of office furniture

(a) Definition.— In this section, the term “controlled space” means a substantial and identifiable segment of space (such as a building, floor, or wing) in a location that the Administrator of General Services controls for purposes of assignment of space.

(b) Application.— This section applies if an agency (or unit of the agency), moves from one controlled space to another, whether in the same or a different location.

(c) Moving Existing Furniture.— The furniture and furnishings used by an agency (or organizational unit of the agency) shall be moved only if the Administrator determines, after consultation with the head of the agency and with due regard for the program activities of the agency, that it would not be more economical and efficient to make suitable replacements available in the new controlled space.

(d) Providing Replacement Furniture.— In the absence of a determination under subsection (c), suitable furniture and furnishings for the new controlled space shall be provided from stocks under the control of the moving agency or from stocks available to the Administrator, whichever the Administrator determines to be more economical and efficient. However, the same or similar items may not be provided from both sources.

(e) Control of Replacement Furniture.— If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in the control of the Administrator.

(f) Control of Furniture Not Moved.— 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. Furniture and furnishings passing to the control of the Administrator under this section pass without reimbursement. 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. 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.

§ 589 Installation, repair, and replacement of sidewalks

(a) In General.— An executive agency may install, repair, and replace sidewalks around buildings, installations, property, or grounds that are— under the agency’s control; owned by the Federal Government; and 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— 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 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.

§ 590 Child care

(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.— In this subsection, the following definitions apply: The term “child care provider” means an individual or entity that provides or proposes to provide child care services for federal employees. The term “allotment officer” means an officer or agency of the Federal Government charged with the allotment of space in federal buildings. A child care provider may be allotted space in a federal building by an allotment officer if— the child care provider applies to the allotment officer in the community or district in which child care services are to be provided; the space is available; and the allotment officer determines that— 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 the child care provider will give priority to federal employees for available child care services in the space.

(c) Payment for Space and Services.— 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. Space allotted under subsection (b) may be provided without charge for rent or services. 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— pay accreditation fees, including renewal fees, for the child care facility to be accredited by a nationally recognized early-childhood professional organization; pay travel and per diem expenses for representatives of the child care facility to attend the annual Administration child care conference; and 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.— 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. 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 ). 1 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.— For purposes of this subsection, the term “Executive agency” has the meaning given that term in section 105 of title 5 , but does not include the Government Accountability Office. 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. 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. 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. 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. This subsection shall apply with respect to the House of Representatives in the same manner as it applies to an Executive agency, except that— the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representatives in accordance with regulations promulgated by the Committee on House Administration; and amounts may be made available to implement this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate. This subsection shall apply with respect to the Senate in the same manner as it applies to an Executive agency, except that— the authority granted to the Office of Personnel Management shall be exercised with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives.

§ 591 Purchase of electricity

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

(b) Exceptions.— 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 ). This section does not preclude the Secretary of a military department from— entering into a contract under section 2394 1 of title 10; or 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.

§ 592 Federal Buildings Fund

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

(b) Deposits.— The following revenues and collections shall be deposited into the Fund: User charges under section 586(b) of this title , payable in advance or otherwise. Proceeds from the lease of federal building sites or additions under section 581(d) of this title . Receipts from carriers and others for loss of, or damage to, property belonging to the Fund. 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. 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.— 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. 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 . 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. For purposes of amounts authorized to be expended from the Fund, the following are deemed to be federally owned buildings: 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 ). A building occupied pursuant to an installment purchase contract. 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.— 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). The Administrator may accept, from a utility, goods or services that enhance the energy efficiency of federal facilities. 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. In addition to amounts appropriated for energy management improvement programs and without regard to subsection (c)(1), the Administrator may obligate for those programs— amounts received and deposited in the Fund under paragraph (1); goods and services received under paragraph (2); and amounts the Administrator determines are not needed for other authorized projects and that are otherwise available to implement energy efficiency programs.

(e) Recycling Programs.— 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). 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— promote further source reduction and recycling programs; and 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.

§ 593 Protection for veterans preference employees

(a) Definitions.— In this section, the following definitions apply: The term “covered services” means any guard, elevator operator, messenger, or custodial services. The term “sheltered workshop” means a sheltered workshop employing the severely handicapped under chapter 85 of title 41.

(b) In General.— Except as provided in subsection (c), amounts made available to the General Services Administration pursuant to section 592 of this title may not be obligated or expended to procure covered services by contract if an employee who was a permanent veterans preference employee of the Administration on November 19, 1995 , would be terminated as a result.

(c) Exception.— Amounts made available to the Administration pursuant to section 592 of this title may be obligated and expended to procure covered services by contract with a sheltered workshop or, if sheltered workshops decline to contract for the provision of covered services, by competitive contract for a period of no longer than 5 years. When a competitive contract expires, or is terminated for any reason, the Administration shall again offer to procure the covered services by contract with a sheltered workshop before procuring the covered services by competitive contract.

§ 601 Purposes

In order to provide an economical and efficient system for transportation of Federal Government personnel and property consistent with section 101 of this title , the purposes of this subchapter are— to establish procedures to ensure safe operation of motor vehicles on Government business; to provide for proper identification of Government motor vehicles; to establish an effective means to limit the use of Government motor vehicles to official purposes; to reduce the number of Government-owned vehicles to the minimum necessary to transact public business; and to provide wherever practicable for centrally operated interagency pools or systems for local transportation of Government personnel and property. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1121 .)

“SEC. 7231 SHORT TITLE.

“This subtitle may be cited as the ‘Strategic EV Management Act of 2022’.

“SEC. 7232 DEFINITIONS.

“In this subtitle: The term ‘Administrator’ means the Administrator of General Services. The term ‘agency’ has the meaning given the term in section 551 of title 5 , United States Code. The term ‘appropriate congressional committees’ means— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Oversight and Reform [now Committee on Oversight and Accountability] of the House of Representatives; the Committee on Environment and Public Works of the Senate; the Committee on Energy and Natural Resources of the Senate; the Committee on Energy and Commerce of the House of Representatives; the Committee on Appropriations of the Senate; and the Committee on Appropriations of the House of Representatives. The term ‘Director’ means the Director of the Office of Management and Budget.

“SEC. 7233 STRATEGIC GUIDANCE.

(“(a) In General.— Not later than 2 years after the date of enactment of this Act [ Dec. 23, 2022 ], the Administrator, in consultation with the Director, shall coordinate with the heads of agencies to develop a comprehensive, strategic plan for Federal electric vehicle fleet battery management.

(“(b) Contents.— The strategic plan required under subsection (a) shall— maximize both cost and environmental efficiencies; and incorporate— guidelines for optimal charging practices that will maximize battery longevity and prevent premature degradation; guidelines for reusing and recycling the batteries of retired vehicles; guidelines for disposing electric vehicle batteries that cannot be reused or recycled; and any other considerations determined appropriate by the Administrator and Director.

(“(c) Modification.— The Administrator, in consultation with the Director, may periodically update the strategic plan required under subsection (a) as the Administrator and Director may determine necessary based on new information relating to electric vehicle batteries that becomes available.

(“(d) Consultation.— In developing the strategic plan required under subsection (a) the Administrator, in consultation with the Director, may consult with appropriate entities, including— the Secretary of Energy; the Administrator of the Environmental Protection Agency; the Chair of the Council on Environmental Quality; scientists who are studying electric vehicle batteries and reuse and recycling solutions; laboratories, companies, colleges, universities, or start-ups engaged in battery use, reuse, and recycling research; industries interested in electric vehicle battery reuse and recycling; electric vehicle equipment manufacturers and recyclers; and any other relevant entities, as determined by the Administrator and Director.

(“(e) Report.— Not later than 3 years after the date of enactment of this Act, the Administrator and the Director shall submit to the appropriate congressional committees a report that describes the strategic plan required under subsection (a). Not later than 4 years after the date of enactment of this Act, the Administrator and the Director shall brief the appropriate congressional committees on the implementation of the strategic plan required under subsection (a) across agencies.

“SEC. 7234 STUDY OF FEDERAL FLEET VEHICLES.

“Not later than 2 years after the date of enactment of this Act [ Dec. 23, 2022 ], the Comptroller General of the United States shall submit to Congress a report on how the costs and benefits of operating and maintaining electric vehicles in the Federal fleet compare to the costs and benefits of operating and maintaining internal combustion engine vehicles.”

§ 602 Authority to establish motor vehicle pools and transportation systems

(a) In General.— Subject to section 603 of this title , and regulations issued under section 603, the Administrator of General Services shall— take over from executive agencies and consolidate, or otherwise acquire, motor vehicles and related equipment and supplies; provide for the establishment, maintenance, and operation (including servicing and storage) of motor vehicle pools or systems; and 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— Federal Government-owned motor vehicles; the use of motor vehicles, under rental or other arrangements, through private fleet operators, taxicab companies, or local or interstate common carriers; or 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.

§ 603 Process for establishing motor vehicle pools and transportation systems

(a) Determination Requirement.— 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. 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 detailed comparison of estimated costs for present and proposed modes of operation; and 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.— The President shall prescribe regulations establishing procedures to carry out section 602 of this title . The regulations shall provide for— adequate notice to an executive agency of any determination that affects the agency or its functions; 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 enforcement of determinations that become effective under the regulations. A determination under subsection (a) is binding on an agency only as provided in regulations issued under this subsection.

§ 604 Treatment of assets taken over to establish motor vehicle pools and transportation systems

(a) Reimbursement.— 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 Government corporation; or an agency, if the agency acquired the property through unreimbursed expenditures made from a revolving or trust fund authorized by law. The Administrator shall reimburse a Government corporation, or a fund through which an agency acquired property, by an amount equal to the fair market value of the property. If the Administrator subsequently returns property of a similar kind under section 610 of this title , the Government corporation or the fund shall reimburse the Administrator by an amount equal to the fair market value of the property returned.

(b) Addition to Acquisition Services Fund.— If the Administrator takes over motor vehicles or related equipment or supplies under section 602 of this title but reimbursement is not required under subsection (a), the value of the property taken over, as determined by the Administrator, may be added to the capital of the Acquisition Services Fund. If the Administrator subsequently returns property of a similar kind under section 610 of this title , the value of the property may be deducted from the Fund.

§ 605 Payment of costs

(a) Use of Acquisition Services Fund To Cover Costs.— The Acquisition Services Fund provided for in section 321 of this title is available for use by or under the direction and control of the Administrator of General Services to pay the costs of carrying out section 602 of this title , including the cost of purchasing or renting motor vehicles and related equipment and supplies.

(b) Setting Prices To Recover Costs.— 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 . In the Administrator’s discretion, prices may include an increment for the estimated replacement cost of motor vehicles and related equipment and supplies. Notwithstanding section 321(f) of this title , the increment may be retained as a part of the capital of the Acquisition Services Fund but is available only to replace motor vehicles and related equipment and supplies.

(c) 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.

§ 606 Regulations related to operation

(a) In General.— The Director of the Office of Personnel Management shall prescribe regulations to govern executive agencies in authorizing civilian personnel to operate Federal Government-owned motor vehicles for official purposes within the States of the United States, the District of Columbia, Puerto Rico, and the territories and possessions of the United States.

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

(c) Agency Orders.— The head of each executive agency shall issue orders and directives necessary for compliance with the regulations. The orders and directives shall provide for— periodically testing the physical fitness of operators and prospective operators; and suspension and revocation of authority to operate.

§ 607 Records

The Administrator of General Services shall maintain an accurate record of the cost of establishing, maintaining, and operating each motor vehicle pool or system established under section 602 of this title . ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1124 .)

§ 608 Scrip, tokens, tickets

The Administrator of General Services, in the operation of motor vehicle pools or systems under this subchapter, may provide for the sale and use of scrip, tokens, tickets, and similar devices to collect payment. ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1124 .)

§ 609 Identification of vehicles

(a) In General.— Under regulations prescribed by the Administrator of General Services, every motor vehicle acquired and used for official purposes within the United States, or the territories or possessions of the United States, by any federal agency or by the District of Columbia shall be conspicuously identified by showing, on the vehicle— the full name of the department, establishment, corporation, or agency that uses the vehicle and the service for which the vehicle is used; or 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 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.

§ 610 Discontinuance of motor vehicle pool or system

(a) In General.— The Administrator of General Services shall discontinue a motor vehicle pool or system if there are no actual savings realized (based on accounting as provided in section 605 of this title ) during a reasonable period of not longer than two successive fiscal years.

(b) Return of Comparable Property.— If a motor vehicle pool or system is discontinued, the Administrator shall return to each agency involved motor vehicles and related equipment and supplies similar in kind and reasonably comparable in value to any motor vehicles and related equipment and supplies which were previously taken over by the Administrator.

§ 611 Duty to report violations

During the regular course of the duties of the Administrator of General Services, if the Administrator becomes aware of a violation of section 1343, 1344, or 1349(b) of title 31 or of section 641 of title 18 involving the conversion by a Federal Government official or employee of a Government-owned or leased motor vehicle to the official or employee’s own use or to the use of others, the Administrator shall report the violation to the head of the agency in which the official or employee is employed, for further investigation and either appropriate disciplinary action under section 1343, 1344, or 1349(b) of title 31 or, if appropriate, referral to the Attorney General for prosecution under section 641 of title 18 . ( Pub. L. 107–217 , Aug. 21, 2002 , 116 Stat. 1124 ; Pub. L. 109–284, § 6(7) , Sept. 27, 2006 , 120 Stat. 1212 .)

§ 621 Definitions

In this subchapter: The term “Administrator” means the Administrator of General Services. The term “Council” means the Federal Real Property Council established by section 623(a). The term “Director” means the Director of the Office of Management and Budget. The term “Federal agency” means— an executive department or independent establishment in the executive branch of the Government; or a wholly owned Government corporation (other than the United States Postal Service). The term “field office” means any office of a Federal agency that is not the headquarters office location for the Federal agency. The term “postal property” means any property owned or leased by the United States Postal Service. The term “public-private partnership” means any partnership or working relationship between a Federal agency and a corporation, individual, or nonprofit organization for the purpose of financing, constructing, operating, managing, or maintaining one or more Federal real property assets. The term “underutilized property” means a portion or the entirety of any real property, including any improvements, that is used— irregularly or intermittently by the accountable Federal agency for program purposes of the Federal agency; or for program purposes that can be satisfied only with a portion of the property. (Added Pub. L. 114–318, § 3(a) , Dec. 16, 2016 , 130 Stat. 1608 .)

§ 622 Collocation among United States Postal Service properties

(a) Identification of Postal Property.— Each year, the Postmaster General shall— identify a list of postal properties with space available for use by Federal agencies; and not later than September 30, submit the list to— the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Oversight and Government Reform of the House of Representatives.

(b) Voluntary Identification of Postal Property.— Each year, the Postmaster General may submit the list under subsection (a) to the Council.

(c) Submission of List of Postal Properties to Federal Agencies.— Not later than 30 days after the completion of a list under subsection (a), the Council shall provide the list to each Federal agency. Not later than 90 days after the receipt of the list submitted under paragraph (1), each Federal agency shall— review the list; review properties under the control of the Federal agency; and recommend collocations if appropriate.

(d) Terms of Collocation.— On approval of the recommendations under subsection (c) by the Postmaster General and the applicable agency head, the Federal agency or appropriate landholding entity may work with the Postmaster General to establish appropriate terms of a lease for each postal property.

(e) Rule of Construction.— Nothing in this section exceeds, modifies, or supplants any other Federal law relating to any competitive bidding process governing the leasing of postal property.

§ 623 Establishment of a Federal Real Property Council

(a) Establishment.— There is established a Federal Real Property Council.

(b) Purpose.— The purpose of the Council shall be— to develop guidance and ensure implementation of an efficient and effective real property management strategy; to identify opportunities for the Federal Government to better manage property and assets of the Federal Government; and to reduce the costs of managing property of the Federal Government, including operations, maintenance, and security associated with Federal property.

(c) Composition.— The Council shall be composed exclusively of— the senior real property officers of each Federal agency; the Deputy Director for Management of the Office of Management and Budget; the Controller of the Office of Management and Budget; the Administrator; and any other full-time or permanent part-time Federal officials or employees, as the Chairperson determines to be necessary. The Deputy Director for Management of the Office of Management and Budget shall serve as Chairperson of the Council. The Chairperson shall designate an Executive Director to assist in carrying out the duties of the Council. The Executive Director shall— be appointed from among individuals who have substantial experience in the areas of commercial real estate and development, real property management, and Federal operations and management; and hold no outside employment that may conflict with duties inherent to the position.

(d) Meetings.— The Council shall meet subject to the call of the Chairperson. The Council shall meet not fewer than 4 times each year.

(e) Duties.— The Council, in consultation with the Director and the Administrator, shall— not later than 1 year after the date of enactment of this subchapter, establish a real property management plan template, to be updated annually, which shall include performance measures, specific milestones, measurable savings, strategies, and Government-wide goals based on the goals established under section 524(a)(7) to reduce surplus property or to achieve better utilization of underutilized property, and evaluation criteria to determine the effectiveness of real property management that are designed— to enable Congress and heads of Federal agencies to track progress in the achievement of property management objectives on a Government-wide basis; to improve the management of real property; and to allow for comparison of the performance of Federal agencies against industry and other public sector agencies; develop utilization rates consistent throughout each category of space, considering the diverse nature of the Federal portfolio and consistent with nongovernmental space use rates; develop a strategy to reduce the reliance of Federal agencies on leased space for long-term needs if ownership would be less costly; provide guidance on eliminating inefficiencies in the Federal leasing process; compile a list of field offices that are suitable for collocation with other property assets; research best practices regarding the use of public-private partnerships to manage properties and develop guidelines for the use of those partnerships in the management of Federal property; and not later than 1 year after the date of enactment of this subchapter and annually during the 4-year period beginning on the date that is 1 year after the date of enactment of this subchapter and ending on the date that is 5 years after the date of enactment of this subchapter, the Council shall submit to the Director a report that contains— a list of the remaining excess property that is real property, surplus property that is real property, and underutilized property of each Federal agency; the progress of the Council toward developing guidance for Federal agencies to ensure that the assessment required under section 524(a)(11)(B) is carried out in a uniform manner; the progress of Federal agencies toward achieving the goals established under section 524(a)(7); if necessary, recommendations for legislation or statutory reforms that would further the goals of the Council, including streamlining the disposal of excess or underutilized real property; and a list of entities that are consulted under subsection (f).

(f) Consultation.— In carrying out the duties described in subsection (e), the Council shall also consult with representatives of— State, local, and tribal authorities, as appropriate, and other affected communities; and appropriate private sector entities and nongovernmental organizations that have expertise in areas of— commercial real estate and development; government management and operations; space planning; community development, including transportation and planning; historic preservation; and providing housing to the homeless population.

(g) Council Resources.— The Director and the Administrator shall provide staffing, and administrative support for the Council, as appropriate.

(h) Access to Report.— The Council shall provide, on an annual basis, the real property management plan template required under subsection (e)(1) and the reports required under subsection (e)(7) to— the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Environment and Public Works of the Senate; the Committee on Oversight and Government Reform of the House of Representatives; the Committee on Transportation and Infrastructure of the House of Representatives; and the Comptroller General of the United States.

(i) Exclusions.— In this section, surplus property shall not include— any military installation (as defined in section 2910 of the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note; Public Law 101–510 )); any property that is excepted from the definition of the term “property” under section 102; Indian and native Eskimo property held in trust by the Federal Government as described in section 3301(a)(5)(C)(iii); real property operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq.); any real property the Director excludes for reasons of national security; any public lands (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 )) administered by— the Secretary of the Interior, acting through— the Director of the Bureau of Land Management; the Director of the National Park Service; the Commissioner of Reclamation; or the Director of the United States Fish and Wildlife Service; or the Secretary of Agriculture, acting through the Chief of the Forest Service; or any property operated and maintained by the United States Postal Service.

§ 624 Information on certain leasing authorities

(a) In General.— Except as provided in subsection (b), not later than December 31 of each year following the date of enactment of this subchapter, a Federal agency with independent leasing authority shall submit to the Council a list of all leases, including operating leases, in effect on the date of enactment of this subchapter that includes— the date on which each lease was executed; the date on which each lease will expire; a description of the size of the space; the location of the property; the tenant agency; the total annual rental payment; and the amount of the net present value of the total estimated legal obligations of the Federal Government over the life of the contract.

(b) Exception.— Subsection (a) shall not apply to— the United States Postal Service; or any other property the Director excludes from subsection (a) for reasons of national security.