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SUBCHAPTER III-ADMINISTRATIVE AND GENERAL 121. Administrative. 122. Prohibition on sex discrimination. 123. Civil remedies for fraud. 124. Agency use of amounts for property management. 125. Library memberships. 126. Reports to Congress.
SUBCHAPTER 1-PURPOSE AND DEFINITIONS
$ 101. Purpose
The purpose of this subtitle is to provide the Federal Government with an economical and efficient system for the following activities:
(1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identification and classification, transportation and traffic management, establishment of pools or systems for transportation of Government personnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establishment of inventory levels, establishment of forms and procedures, and representation before federal and state regulatory bodies.
(2) Using available property.
(4) Records management. $ 102. Definitions
The following definitions apply in chapters 1 through 7 of this title and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.):
(1) CARE AND HANDLING.—The term “care and handling" includes
(A) completing, repairing, converting, rehabilitating, operating, preserving protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and
(B) rendering innocuous, or destroying, property that is dangerous to public health or safety. (2) CONTRACTOR INVENTORY.—The term “contractor inventory” means
(A) property, in excess of amounts needed to complete full performance, that is acquired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Government; and
(B) property that the Government is obligated or has the option to take over, under any type of contract, as a result of changes in specifications or plans under the contract, or as a result of termination of the contract (or a subcontract), prior to completion of the work, for the
convenience or at the option of the Government. (3) EXCESS PROPERTY.—The term "excess property” means property under the control of a federal agency that the head of the agency determines is not required to meet the agency's needs or responsibilities.
(4) EXECUTIVE AGENCY.—The term "executive agency” means
(A) an executive department or independent establishment in the executive branch of the Government; and
(B) a wholly owned Government corporation. (5) FEDERAL AGENCY.—The term “federal agency” means an executive agency or an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol, and any activities under the direction of the Architect of the Capitol).
(6) FOREIGN EXCESS PROPERTY.—The term “foreign excess property” means excess property that is not located in the States of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands.
(7) MOTOR VEHICLE.—The term “motor vehicle” means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding
(A) a vehicle designed or used for military field training, combat, or tactical purposes, or used principally within the confines of a regularly established military post, camp, or depot; and
(B) a vehicle regularly used by an agency to perform investigative, law enforcement, or intelligence duties, if the head of the agency determines that exclusive control
of the vehicle is essential for effective performance of duties. (8) NONPERSONAL SERVICES.—The term "nonpersonal services” means contractual services designated by the Administrator of General Services, other than personal and professional services.
(9) PROPERTY.--The term “property” means any interest in property except
(A)(i) the public domain;
(ii) land reserved or dedicated for national forest or national park purposes;
(iii) minerals in land or portions of land withdrawn or reserved from the public domain which the Secretary of the Interior determines are suitable for disposition under the public land mining and mineral leasing laws; and
(iv) land withdrawn or reserved from the public domain except land or portions of land so withdrawn or reserved which the Secretary, with the concurrence of the Administrator, determines are not suitable for return to the public domain for disposition under the general public land laws because the lands are substantially changed in character by improvements or otherwise;
(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and
(C) records of the Government. (10) SURPLUS PROPERTY.—The term “surplus property” means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.
$111. Application to Federal Property and Administrative
Services Act of 1949
(1) Section 101 of this title.
(26) Section 572(b)(4) of this title. $112. Applicability of certain policies, procedures, and direc
tives in effect on July 1, 1949 (a) IN GENERAL.--A policy, procedure, or directive described in subsection (b) remains in effect until superseded or amended under this subtitle or other appropriate authority.
(b) DESCRIPTION.-A policy, procedure, or directive referred to in subsection (a) is one that was in effect on July 1, 1949, and that was prescribed by
(1) the Director of the Bureau of Federal Supply or the Secretary of the Treasury and that related to a function transferred to or vested in the Administrator of General Services on June 30, 1949, by the Federal Property and Administrative Services Act of 1949;
(2) an officer of the Federal Government under authority of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) or other authority related to surplus property or foreign excess property;
(3) the Federal Works Administrator or the head of a constituent agency of the Federal Works Agency; or
(4) the Archivist of the United States or another officer or body whose functions were transferred on June 30, 1949, by title I of the Federal Property and Administrative Services Act of 1949.
$ 113. Limitations
(a) IN GENERAL.-Except as otherwise provided in this section, the authority conferred by this subtitle is in addition to any other authority conferred by law and is not subject to any inconsistent provision of law.
(b) LIMITATION REGARDING THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT.-The authority conferred by this subtitle is subject to the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.).
(c) LIMITATION REGARDING CERTAIN GOVERNMENT CORPORATIONS AND AGENCIES.-Sections 121(b) and 506(c) of this title do not apply to a Government corporation or agency that is subject to chapter 91 of title 31.
(d) LIMITATION REGARDING CONGRESS. This subtitle does not apply to the Senate or the House of Representatives (including the Architect of the Capitol and any building, activity, or function under the direction of the Architect). However, services and facilities authorized by this subtitle shall, as far as practicable, be made available to the Senate, the House of Representatives, and the Architect of the Capitol on their request. If payment would be required for providing a similar service or facility to an executive agency, payment shall be made by the recipient, on presentation of proper vouchers, in advance or by reimbursement (as may be agreed upon by the Administrator of General Services and the officer or body making the request). The payment may be credited to the applicable appropriation of the executive agency receiving the payment.
(e) OTHER LIMITATIONS.-Nothing in this subtitle impairs or affects the authority of
(1) the President under the Philippine Property Act of 1946 (22 U.S.C. 1381 et seq.);
(2) an executive agency, with respect to any program conducted for purposes of resale, price support, grants to farmers, stabilization, transfer to foreign governments, or foreign aid, relief, or rehabilitation, but the agency carrying out the program shall, to the maximum extent practicable, consistent with the purposes of the program and the effective, efficient conduct of agency business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(3) an executive agency named in chapter 137 of title 10, and the head of the agency, with respect to the administration of that chapter;
(4) the Secretary of Defense with respect to property required for or located in occupied territories;
(5) the Secretary of Defense with respect to the administration of section 2535 of title 10;
(6) the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force with respect to the administration of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.);
(7) the Secretary of State under the Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et seq.); (8) the Secretary of Agriculture under
(A) the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);
(B) the Farmers Home Administration Act of 1946 ch. 964, 60 Stat. 1062);
(C) section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), with respect to the exportation and domestic consumption of agricultural products;
(D) section 201 of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1291); or
(E) section 2034) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1622(j)); (9) an official or entity under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.), with respect to the acquisition or disposal of property;
(10) the Secretary of Housing and Urban Development or the Federal Deposit Insurance Corporation (or an officer of the Corporation) with respect to the disposal of
(A) residential property; or
(i) acquired or held as part of, or in connection with, residential property; or
(ii) held in connection with the insurance of mortgages, loans, or savings association accounts under the National Housing Act (12 U.S.C. 1701 et seq.), the Federal Deposit Insurance Act (12 U.S.C. 1811
et seq.), or any other law; (11) the Tennessee Valley Authority with respect to nonpersonal services, with respect to section 501(c) of this title, and with respect to property acquired in connection with a program of processing, manufacture, production, or force account construction, but the Authority shall, to the maximum extent it considers practicable, consistent with the purposes of its program and the effective, efficient conduct of its business, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle;
(12) the Secretary of Energy with respect to atomic energy;
(13) the Secretary of Transportation or the Secretary of Commerce with respect to the disposal of airport property and airway property (as those terms are defined in section 47301 of title 49) for use as such property;
(14) the United States Postal Service;
(15) the Maritime Administration with respect to the acquisition, procurement, operation, maintenance, preservation, sale, lease, charter, construction, reconstruction, or reconditioning (including outfitting and equipping incidental to construction, reconstruction, or reconditioning) of a merchant vessel or shipyard, ship site, terminal, pier, dock, warehouse, or other installation necessary or appropriate for carrying out a program of the Administration authorized by law or nonadministrative activities incidental to a program of the Administration authorized by law, but the Administration shall, to the maximum extent it considers practicable, consistent with the purposes of its programs and the effective, efficient conduct of its activities, coordinate its operations with the requirements of this subtitle and with policies and regulations prescribed under this subtitle:
(16) the Central Intelligence Agency;
(17) the Joint Committee on Printing, under title 44 or any other law;