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40 U.S.C. § 102 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(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 bra
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Source file: Laws/federal/codes/united-states-code/title-40/section-102-definitions--f6bbc1ea3a.md
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Source location: Title 40, Chapter 1, § 102; chapter-001-general.md
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Except as provided in subchapter VII of chapter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(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.
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Federal law — U.S. Code and appendices · legal_authorities
In the following provisions, the words “this subtitle” are deemed to refer also to division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:
(1) [Section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section101&num=0&edition=prelim).
(2) [Section 112(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section112/a&num=0&edition=prelim).
(3) [Section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section113&num=0&edition=prelim).
(4) [Section 121(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/a&num=0&edition=prelim).
(5) [Section 121(c)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/c/1&num=0&edition=prelim).
(6) [Section 121(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/c/2&num=0&edition=prelim).
(7) Section 121(d)(1) and (2) of this title.
(8) [Section 121(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/e/1&num=0&edition=prelim).
(9) [Section 121(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/f&num=0&edition=prelim).
(10) [Section 121(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section121/g&num=0&edition=prelim).
(11) [Section 122(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section122/a&num=0&edition=prelim).
(12) [Section 123(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section123/a&num=0&edition=prelim).
(13) [Section
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lease Authority.—** Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that—
(1) is under the control of the Secretary concerned;
(2) is not for the time needed for public use; and
(3) is not excess property, as defined by [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
**(b) Conditions on Leases.—** A lease under subsection (a)—
(1) may not be for more than five years, unless the Secretary concerned determines that a lease for a longer period will promote the national defense or be in the public interest;
(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest;
(4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary;
(5) may provide, notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease;
(6) except as otherwise provided in subsection (d), shall require the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2667
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Office of Veterans Business Development** There is established in the Administration an Office of Veterans Business Development, which shall be administered by the Associate Administrator for Veterans Business Development (in this section referred to as the “Associate Administrator”) appointed under [section 633(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section633/b/1&num=0&edition=prelim).
**(b) Associate Administrator for Veterans Business Development** The Associate Administrator—
(1) shall be an appointee in the Senior Executive Service;
(2) shall be responsible for the formulation, execution, and promotion of policies and programs of the Administration that provide assistance to small business concerns owned and controlled by veterans and small business concerns owned and controlled by service-disabled veterans. The Associate Administrator shall act as an ombudsman for full consideration of veterans in all programs of the Administration; and
(3) shall report to and be responsible directly to the Administrator.
**(c) Interagency task force**
(1) **Establishment** — Not later than 90 days after February 14, 2008, the President shall establish an interagency task force to coordinate the efforts of Federal agencies necessary to improve capital and business development opportunities for, and ensure achievement of the pre-established Federal contracting goals for, small business concerns owned and controlled by service-disabled veterans and small business concerns owned and controlled by veterans (in this section referred to as the “task force”).
(2) **Membership** — The members of the task force shall include—
(A) the Administrator, who shall serve as chairperson of the task force; and
(B) a senior level
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 657b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Integrated natural resources management plan** The Secretary of Defense in cooperation with the Secretary of the Interior and the appropriate State agency is authorized to carry out a program for the conservation, restoration and management of migratory game birds on military installations, including the issuance of special hunting permits and the collection of fees therefor, in accordance with an integrated natural resources management plan mutually agreed upon by the Secretary of Defense, the Secretary of the Interior and the appropriate State agency.
**(b) Applicability of other laws** Possession of a special permit for hunting migratory game birds issued pursuant to this subchapter shall not relieve the permittee of the requirements of the Migratory Bird Hunting Stamp Act as amended [[16 U.S.C. 718](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section718&num=0&edition=prelim) et seq.] nor of the requirements pertaining to State law set forth in Public Law 85–337.
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 670b
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Federal law — U.S. Code and appendices · legal_authorities
Nothing herein contained shall be construed to modify, amend or repeal any provision of Public Law 85–337, nor as applying to national forest lands administered pursuant to the provisions of section 9 of the Act of June 7, 1924 (43 Stat. 655), nor [section 315m of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section315m&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 670e
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Federal law — U.S. Code and appendices · legal_authorities
The area bounded by Seventh Street, Constitution Avenue, Fourth Street, and North Mall Drive, Northwest, in the District of Columbia, is appropriated to the Smithsonian Institution as a site for a National Gallery of Art. The Smithsonian Institution is authorized to permit the A. W. Mellon Educational and Charitable Trust (hereinafter referred to as the donor) to construct on said site for the Smithsonian Institution a building to be designated the National Gallery of Art, and to remove any existing structure and landscape the grounds within said area. The adjoining area bounded by Fourth Street, Pennsylvania Avenue, Third Street, and North Mall Drive, Northwest, in the District of Columbia, is reserved as a site for future additions to the National Gallery of Art. The project shall be in accordance with plans and specifications approved by the Commission of Fine Arts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 71
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Independent establishment** The Armed Forces Retirement Home is an independent establishment in the executive branch.
**(b) Purpose** The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, residences and related services for certain retired and former members of the Armed Forces.
**(c) Facilities**
(1) Each facility of the Retirement Home referred to in paragraph (2) is a separate establishment of the Retirement Home.
(2) The United States Soldiers’ and Airmen’s Home is hereby redesignated as the Armed Forces Retirement Home—Washington. The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport.
**(d) Operation**
(1) The Chief Operating Officer of the Armed Forces Retirement Home is the head of the Retirement Home. The Chief Operating Officer is subject to the authority, direction, and control of the Secretary of Defense.
(2) Each facility of the Retirement Home shall be maintained as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and control of the Administrator of that facility. The Administrator of each facility of the Retirement Home is subject to the authority, direction, and control of the Chief Operating Officer.
(3) The administration of the Retirement Home, including administration for the provision of health care and medical care for residents, shall remain under the control and administration of the Secretary of Defense.
**(e) Property and facilities**
(1) The Retirement Home shall include such property and facilities as may be acquired under paragraph (2) or accepted under [section 415(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:U
Source: Supplied U.S. Code snapshot — release unconfirmed · 24 U.S.C. § 412
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) The term “protest” means a written objection by an interested party to any of the following:
(A) A solicitation or other request by a Federal agency for offers for a contract for the procurement of property or services.
(B) The cancellation of such a solicitation or other request.
(C) An award or proposed award of such a contract.
(D) A termination or cancellation of an award of such a contract, if the written objection contains an allegation that the termination or cancellation is based in whole or in part on improprieties concerning the award of the contract.
(E) Conversion of a function that is being performed by Federal employees to private sector performance.
(2) The term “interested party”—
(A) with respect to a contract or a solicitation or other request for offers described in paragraph (1), means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract; and
(B) with respect to a public-private competition conducted under Office of Management and Budget Circular A–76 with respect to the performance of an activity or function of a Federal agency, or a decision to convert a function performed by Federal employees to private sector performance without a competition under Office of Management and Budget Circular A–76, includes—
(i) any official who is responsible for submitting the agency tender in such competition; and
(ii) any one individual who, for the purpose of representing the Federal employees engaged in the performance of the activity or function for which the public-private competition is conducted in a protest under this subchapter that relates to such public-private competition, has been designated a
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3551
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This section may be cited as the “James Guelff and Chris McCurley Body Armor Act of 2002”.
**(b) Findings** Congress finds that—
(1) nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power;
(4) recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime;
(5) of the approximately 1,500 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce clause
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10534
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “federal agency” means an executive department, independent establishment, commission, board, bureau, division, or office in the executive branch, or other agency of the Federal Government, including wholly owned Government corporations.
**(b) Assignment of Space or Lease or Sale of Property.—**
(1) **Actions of administrator.—** — When the President, on the recommendation of the Administrator of General Services, or the federal agency having control of any real property the agency acquires that is located outside of the District of Columbia, other than military or naval reservations, declares the property to be surplus to the needs of the agency, the Administrator—
(A) may assign space in the property to any federal agency;
(B) pending a sale, may lease the property for not more than 5 years and on terms the Administrator considers to be in the public interest; or
(C) may sell the property at public sale to the highest responsible bidder on terms and after public advertisement that the Administrator considers to be in the public interest.
(2) **Review of decision to assign space.—** — If the federal agency to which space is assigned does not desire to occupy the space, the decision of the Administrator under paragraph (1)(A) is subject to review by the President.
(3) **Negotiated sale.—** — If no bids which are satisfactory as to price and responsibility of the bidder are received as a result of public advertisement, the Administrator may sell the property by negotiation, on terms as may be considered to be to the best interest of the Government, but at a price not less than that bid by the highest responsible bidder.
**(c) Demolition.—** The Administrator may demolish any building declared to be surplus to t
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1303
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