40 U.S.C. § 530 — Internal guidance on excess personal prop-

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. Page 45 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 545 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, pro- vided that the repeal of this section by section 2(e)(2) is effective on the date that is 5 years after Oct. 1, 2024. SUBCHAPTER III—DISPOSING OF PROPERTY § 541. Supervision and direction Except as otherwise provided in this sub- chapter, the Administrator of General Services shall supervise and direct the disposition of sur- plus property in accordance with 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) 541 ............. 40:484(a). June 30, 1949, ch. 288, title II, § 203(a), 63 Stat. 385. The words ‘‘shall supervise and direct the disposition of surplus property in accordance with this subtitle’’ are substituted for ‘‘shall have supervision and direc- tion over the disposition of surplus property. Such property shall be disposed of to such extent, at such time, in such areas, by such agencies, at such terms and conditions, and in such manner, as may be pre- scribed in or pursuant to this Act’’ for clarity and to eliminate unnecessary words. Statutory Notes and Related Subsidiaries TRANSFERRED PROPERTIES; REQUESTS PRIOR TO NOVEMBER 30, 1983 Pub. L. 98–181, title I [title I, § 126(a)(2), (3)], Nov. 30, 1983, 97 Stat. 1175, provided that: ‘‘(2) Notwithstanding paragraph (1) [repealing former 40 U.S.C. 484b], the Secretary of Housing and Urban De- velopment and the Secretary of Agriculture may dis- pose of Federal surplus real property pursuant to the terms of section 414 of such Act [former 40 U.S.C. 484b] if, prior to the date of the enactment of this Act [Nov. 30, 1983], either Secretary had requested the Adminis- trator of General Services to transfer such property for such disposition. ‘‘(3) Notwithstanding paragraph (1), section 414(b) [former 40 U.S.C. 484b(b)] of such Act shall continue to apply, where applicable, to all property transferred by either Secretary pursuant to section 414 of such Act, including properties transferred pursuant to paragraph (2).’’ § 542. Care and handling The disposal of surplus property, and the care and handling of the property pending disposi- tion, may be performed by the General Services Administration or, when the Administrator of General Services decides, by the executive agen- cy in possession of the property or by any other executive agency that agrees. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 542 ............. 40:484(b). June 30, 1949, ch. 288, title II, § 203(b), 63 Stat. 385. § 543. Method of disposition An executive agency designated or authorized by the Administrator of General Services to dis- pose of surplus property may do so by sale, ex- change, lease, permit, or transfer, for cash, cred- it, or other property, with or without warranty, on terms and conditions that the Administrator considers proper. The agency may execute docu- ments 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 543 ............. 40:484(c). June 30, 1949, ch. 288, title II, § 203(c), 63 Stat. 385. § 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 conclu- sive 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 544 ............. 40:484(d). June 30, 1949, ch. 288, title II, § 203(d), 63 Stat. 385. § 545. Procedure for disposal (a) PUBLIC ADVERTISING FOR BIDS.— (1) REQUIREMENT.— (A) IN GENERAL.—Except as provided in subparagraph (B), the Administrator of Gen- eral Services may make or authorize a dis- posal or a contract for disposal of surplus property only after public advertising for bids, under regulations the Administrator prescribes. (B) EXCEPTIONS.—This subsection does not apply to disposal or a contract for disposal of surplus property— (i) under subsection (b) or (d); or (ii) by abandonment, destruction, or do- nation or through a contract broker. (2) TIME, METHOD, AND TERMS.—The time, method, and terms and conditions of adver- tisement must permit full and free competi- tion consistent with the value and nature of the property involved. (3) PUBLIC DISCLOSURE.—Bids must be pub- licly disclosed at the time and place stated in the advertisement. (4) AWARDS.—An award shall be made with reasonable promptness by notice to the re- sponsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the Federal Government, price and other fac- tors considered. However, all bids may be re- jected if it is in the public interest to do so. (b) NEGOTIATED DISPOSAL.—Under regulations the Administrator prescribes, disposals and con- tracts for disposal may be negotiated without