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

Page 43 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 529 (4) property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)). (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1084.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 525(a) ......... 40:483(d) (words be- fore par. (1)). June 30, 1949, ch. 288, title II, § 202(d), as added Pub. L. 94–519, § 3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97–98, title XIV, § 1443, Dec. 22, 1981, 95 Stat. 1321. 525(b) ......... 40:483(d)(1). 525(c) ......... 40:483(d)(2)(E). 525(d) ......... 40:483(d)(2)(A)–(D). In subsection (b)(1), before cl. (A), the words ‘‘institu- tion or’’ are omitted as unnecessary. In clause (A), the words ‘‘termination provision’’ are substituted for ‘‘ter- mination made’’ for clarity. In subsection (b)(2), the words ‘‘The grantee shall ac- count for and dispose of’’ are substituted for ‘‘and shall be accounted for and disposed of’’ for clarity. In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary. In subsection (c)(1), the words ‘‘Trust Territory of the Pacific Islands’’ are omitted and the words ‘‘the Fed- erated States of Micronesia, the Marshall Islands, Palau’’ are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. In subsection (d)(1), the words ‘‘to the extent’’ are substituted for ‘‘where and to the extent’’ to eliminate unnecessary words. The words ‘‘to be furnished under such Act’’ are omitted as unnecessary. In subsection (d)(4), the words ‘‘Indian Financing Act of 1974’’ are substituted for ‘‘Indian Financing Act’’ in section 202(d)(2)(D) of the Federal Property and Admin- istrative Services Act of 1949 to execute the probable intent of Congress. The word ‘‘tribe’’ is substituted for ‘‘Indian tribes’’ for consistency with 25:1452(c). Editorial Notes REFERENCES IN TEXT The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79, 38 Stat. 372, which is classified generally to subchapter IV (§ 341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 341 of Title 7 and Tables. The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classi- fied generally to sections 361a to 361i of Title 7, Agri- culture. For complete classification of this Act to the Code, see Short Title note set out under section 361a of Title 7 and Tables. Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in subsec. (c)(2)(C), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the ‘‘McIntire-Stennis Act of 1962’’ and also as the ‘‘McIntire-Stennis Coopera- tive Forestry Act’’, which is classified generally to sub- chapter III (§ 582a et seq.) of chapter 3 of Title 16, Con- servation. For complete classification of this Act to the Code, see Short Title note set out under section 582a of Title 16 and Tables. § 526. Temporary assignment of excess real prop- erty (a) ASSIGNMENT OF SPACE.—The Administrator of General Services may temporarily assign or reassign space in excess real property to a fed- eral agency, for use as office or storage space or for a related purpose, if the Administrator de- termines 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 Ad- ministrator for the expense of maintaining the space, the Administrator may obtain appro- priate reimbursement from the federal agency. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1085.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 526 ............. 40:483(g). June 30, 1949, ch. 288, title II, § 202(g), 63 Stat. 385. In subsection (a), the words ‘‘for use as office or stor- age space or for a related purpose’’ are substituted for ‘‘for office, storage, or related facilities’’ for clarity. § 527. Abandonment, destruction, or donation of property The Administrator of General Services may authorize the abandonment or destruction of property, or the donation of property to a public body, if— (1) the property has no commercial value; or (2) the estimated cost of continued care and handling exceeds the estimated proceeds from sale. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 527 ............. 40:483(h). June 30, 1949, ch. 288, title II, § 202(h), 63 Stat. 385. § 528. Utilization of excess furniture A department or agency of the Federal Gov- ernment 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 528 ............. 40:483b. Aug. 7, 1953, ch. 340, § 1316, 67 Stat. 439. The words ‘‘Notwithstanding the provisions of any other law’’ are omitted as unnecessary. The words ‘‘may not use funds provided by law to purchase fur- niture’’ are substituted for ‘‘no funds shall be available in this or any other Act for the purchase of furniture’’ for clarity and to eliminate unnecessary words. § 529. Annual executive agency reports on excess personal property (a) IN GENERAL.—During the calendar quarter following the close of each fiscal year, each ex- ecutive agency shall submit to the Adminis- trator of General Services and the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Over- Page 44 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 530 1 So in original. The word ‘‘and’’ probably should appear. sight and Accountability of the House of Rep- resentatives a report on personal property— (1) obtained as— (A) excess property; or (B) personal property determined to be no longer required for the purpose of the appro- priation used to make the purchase; and (2) furnished within the United States to a recipient other than a federal agency. (b) REQUIRED INFORMATION.—The report must set out the categories of equipment and show— (1) the acquisition cost of the property; (2) the recipient of the property; and (3) other information the Administrator may require. (c) COMPILATION OF DATA.—Not later than 180 days following the close of a fiscal year, the Ad- ministrator shall compile the data in the re- ports submitted under subsection (a) and submit to the Committee on Homeland Security 1 Gov- ernmental Affairs of the Senate and the Com- mittee on Oversight and Accountability of the House of Representatives and publish on a cen- tralized online website a publicly available re- port, which shall include— (1) the complete data provided in each report in a user-friendly format; (2) a summary of the findings of each report, including the aggregate dollar amount of per- sonal property determined to be no longer re- quired for the purpose of the appropriation used to make the purchase; and (3) any other recommendations from the Ad- ministrator. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086; Pub. L. 118–99, § 2(a)(1), (e)(1), Oct. 1, 2024, 138 Stat. 1578, 1579.) AMENDMENT OF SECTION Pub. L. 118–99, § 2(e)(1), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is amend- ed: (1) in subsection (a), in the matter preceding paragraph (1), by striking ‘‘and the Committee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Over- sight and Accountability of the House of Rep- resentatives’’; and (2) by striking subsection (c). See 2024 Amendment notes below. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 529 ............. 40:483(e). June 30, 1949, ch. 288, title II, § 202(e), as added Pub. L. 94–519, § 3, Oct. 17, 1976, 90 Stat. 2454. In subsection (a)(2), the words ‘‘in any manner what- soever’’ are omitted as unnecessary. In subsection (b), the words ‘‘set out the categories of equipment’’ are substituted for ‘‘showing . . . cat- egories of equipment’’ to clarify the required form and content of the report. The words ‘‘The Administrator shall submit a report to the Senate (or to the Secretary of the Senate if the Senate is not in session) and to the House of Representatives (or to the Clerk of the House if the House is not in session) summarizing and ana- lyzing the reports of the executive agencies’’ are omit- ted pursuant to section 3003 of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note). See, also, page 173 of House Document No. 103–7. Editorial Notes AMENDMENTS 2024—Subsec. (a). Pub. L. 118–99, § 2(e)(1)(A), struck out ‘‘and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Rep- resentatives’’ after ‘‘Administrator of General Serv- ices’’ in introductory provisions. Pub. L. 118–99, § 2(a)(1)(A), inserted ‘‘and the Com- mittee on Homeland Security and Governmental Af- fairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives’’ after ‘‘Administrator of General Services’’ in introductory provisions. Subsec. (c). Pub. L. 118–99, § 2(e)(1)(B), struck out sub- sec. (c) which related to compilation of data in the re- ports submitted under subsection (a). Pub. L. 118–99, § 2(a)(1)(B), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, pro- vided that the amendment made by section 2(e)(1) is ef- fective on the date that is 5 years after Oct. 1, 2024. § 530. Internal guidance on excess personal prop- erty (a) INITIAL REPORT.—Not later than 180 days after the date of enactment of this section, each executive agency shall submit to the Adminis- trator of General Services and make publicly available on the website of the executive agency the internal guidance of the executive agency on considering using excess personal property to meet the needs of the executive agency, which shall include— (1) a requirement to consider excess personal property before buying new; (2) when it is practicable to check for and obtain excess personal property; (3) how to evaluate the suitability of excess personal property for use; and (4) defined roles and responsibilities relevant to considering the use of excess personal prop- erty, 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 agen- cy any changes to the internal guidance sub- mitted and made available under subsection (a). (Added and amended Pub. L. 118–99, § 2(a)(2), (e)(2), Oct. 1, 2024, 138 Stat. 1578, 1579.) REPEAL OF SECTION Pub. L. 118–99, § 2(e)(2), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this section is re- pealed. Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–99, which was approved Oct. 1, 2024.