40 U.S.C. § 101 — Purpose

Page 8 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 101 Sec. 122. Prohibition on sex discrimination. 123. Civil remedies for fraud. 124. Agency use of amounts for property manage- ment. 125. Library memberships. 126. Reports to Congress. Editorial Notes AMENDMENTS 2011—Pub. L. 111–350, § 5(l)(1), Jan. 4, 2011, 124 Stat. 3850, substituted ‘‘division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘Federal Property and Administrative Services Act of 1949’’ in item 111. SUBCHAPTER I—PURPOSE AND DEFINITIONS § 101. Purpose The purpose of this subtitle is to provide the Federal Government with an economical and ef- ficient system for the following activities: (1) Procuring and supplying property and nonpersonal services, and performing related functions including contracting, inspection, storage, issue, setting specifications, identi- fication and classification, transportation and traffic management, establishment of pools or systems for transportation of Government per- sonnel and property by motor vehicle within specific areas, management of public utility services, repairing and converting, establish- ment of inventory levels, establishment of forms and procedures, and representation be- fore federal and state regulatory bodies. (2) Using available property. (3) Disposing of surplus property. (4) Records management. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1063.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 101 ............. 40:471. June 30, 1949, ch. 288, § 2, 63 Stat. 378; Sept. 1, 1954, ch. 1211, § 1, 68 Stat. 1126. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–182, § 1, Dec. 23, 2024, 138 Stat. 2623, pro- vided that: ‘‘This Act [amending sections 321 and 323 of this title] may be cited as the ‘GSA Technology Ac- countability Act’.’’ Pub. L. 118–99, § 1, Oct. 1, 2024, 138 Stat. 1578, provided that: ‘‘This Act [enacting section 530 of this title, amending sections 529 and 530 of this title, and enacting provisions set out as a note under section 529 of this title] may be cited as the ‘Reuse Excess Property Act’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–328, div. Z, § 101, Dec. 29, 2022, 136 Stat. 5523, provided that: ‘‘This division [enacting section 549a of this title and provisions set out as a note under section 549a of this title] may be cited as the ‘Com- puters for Veterans and Students Act of 2022’ or the ‘COVS Act’.’’ Pub. L. 117–202, § 1, Oct. 17, 2022, 136 Stat. 2224, pro- vided that: ‘‘This Act [amending section 3313 of this title and enacting provisions set out as a note under section 3313 of this title] may be cited as the ‘Bulb Re- placement Improving Government with High-efficiency Technology Act’ or the ‘BRIGHT Act’.’’ Pub. L. 117–148, § 1, June 16, 2022, 136 Stat. 1288, pro- vided that: ‘‘This Act [amending section 6121 of this title] may be cited as the ‘Supreme Court Police Parity Act of 2022’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 116–333, § 1, Jan. 13, 2021, 134 Stat. 5113, pro- vided that: ‘‘This Act [enacting section 3318 of this title] may be cited as the ‘Transparency in Federal Buildings Projects Act of 2019’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–194, § 1, Dec. 3, 2020, 134 Stat. 981, provided that: ‘‘This Act [enacting provisions set out as a note under section 11301 of this title] may be cited as the ‘In- formation Technology Modernization Centers of Excel- lence Program Act’.’’ SHORT TITLE OF 2019 AMENDMENT Pub. L. 116–75, § 1, Nov. 27, 2019, 133 Stat. 1160, pro- vided that: ‘‘This Act [amending section 6121 of this title] may be cited as the ‘Reauthorizing Security for Supreme Court Justices Act of 2019’.’’ Pub. L. 116–30, § 1, July 25, 2019, 133 Stat. 1032, pro- vided that: ‘‘This Act [enacting section 3318 of this title and provisions set out as a note under section 3318 of this title] may be cited as the ‘Fairness For Breastfeeding Mothers Act of 2019’.’’ Pub. L. 115–419, § 1, Jan. 3, 2019, 132 Stat. 5442, provided that: ‘‘This Act [amending sections 506 and 524 of this title] may be cited as the ‘Federal Personal Property Management Act of 2018’.’’ SHORT TITLE OF 2018 AMENDMENT Pub. L. 115–271, title VIII, § 8061, Oct. 24, 2018, 132 Stat. 4094, provided that: ‘‘This subtitle [subtitle E (§§ 8061, 8062) of title VIII of Pub. L. 115–271, enacting section 14510 of this title] may be cited as the ‘Treating Bar- riers to Prosperity Act of 2018’.’’ SHORT TITLE OF 2017 AMENDMENT Pub. L. 115–88, § 1, Nov. 21, 2017, 131 Stat. 1278, pro- vided that: ‘‘This Act [amending sections 11302 and 11319 of this title and provisions set out as a note under section 3601 of Title 44, Public Printing and Documents] may be cited as the ‘FITARA Enhancement Act of 2017’.’’ SHORT TITLE OF 2016 AMENDMENT Pub. L. 114–318, § 1, Dec. 16, 2016, 130 Stat. 1608, pro- vided that: ‘‘This Act [enacting subchapter VII of chap- ter 5 of this title and chapter 29 of Title 39, Postal Serv- ice, amending sections 102, 524, and 571 of this title, en- acting provisions set out as notes under sections 571 and 621 of this title, and amending provisions set out as a note under section 1303 of this title] may be cited as the ‘Federal Property Management Reform Act of 2016’.’’ Pub. L. 114–235, § 1, Oct. 7, 2016, 130 Stat. 964, provided that: ‘‘This Act [enacting section 3314 of this title, re- numbering former section 3314 and sections 3315 and 3316 of this title as sections 3315 to 3317 of this title, re- spectively, and enacting provisions set out as a note under section 3314 of this title] may be cited as the ‘Bathrooms Accessible in Every Situation Act’ or ‘BA- BIES Act’.’’ SHORT TITLE OF 2014 AMENDMENT Pub. L. 113–291, div. A, title VIII, subtitle D (§§ 831–837), Dec. 19, 2014, 128 Stat. 3438, which enacted section 11319 of this title, amended sections 11302 and 11319 of this title, and enacted provisions set out as notes under sections 1704 and 3301 of Title 41, Public Contracts, and section 3601 of Title 44, Public Printing and Documents, is popularly known as the ‘‘Federal In- formation Technology Acquisition Reform Act’’ or ‘‘FITARA’’. Page 9 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 102 SHORT TITLE OF 2013 AMENDMENT Pub. L. 113–50, § 1, Nov. 21, 2013, 127 Stat. 578, provided that: ‘‘This Act [amending sections 3144 and 3703 of this title] may be cited as the ‘Streamlining Claims Proc- essing for Federal Contractor Employees Act’.’’ Pub. L. 113–26, § 1, Aug. 9, 2013, 127 Stat. 502, provided that: ‘‘This Act [amending section 549 of this title] may be cited as the ‘Formerly Owned Resources for Vet- erans to Express Thanks for Service Act of 2013’ or the ‘FOR VETS Act of 2013’.’’ SHORT TITLE OF 2010 AMENDMENT Pub. L. 111–338, § 1, Dec. 22, 2010, 124 Stat. 3590, pro- vided that: ‘‘This Act [amending section 549 of this title] may be cited as the ‘Formerly Owned Resources for Veterans to Express Thanks for Service Act of 2010’or ‘FOR VETS Act of 2010’.’’ Pub. L. 111–263, § 1, Oct. 8, 2010, 124 Stat. 2787, provided that: ‘‘This Act [amending section 502 of this title] may be cited as the ‘Federal Supply Schedules Usage Act of 2010’.’’ SHORT TITLE OF 2008 AMENDMENT Pub. L. 110–371, § 1, Oct. 8, 2008, 122 Stat. 4037, provided that: ‘‘This Act [enacting section 14508 of this title and amending sections 14102, 14321, 14502 to 14507, 14526, 14703, and 14704 of this title] may be cited as the ‘Appa- lachian Regional Development Act Amendments of 2008’.’’ Pub. L. 110–248, § 1, June 26, 2008, 122 Stat. 2316, pro- vided that: ‘‘This Act [amending section 502 of this title] may be cited as the ‘Local Preparedness Acquisi- tion Act’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–396, § 1, Dec. 15, 2006, 120 Stat. 2711, pro- vided that: ‘‘This Act [enacting provisions set out as notes under sections 524 and 5102 of this title, provi- sions listed in a table of Commemorative Works set out under section 8903 of this title, and provisions set out as a note under section 225b of Title 24, Hospitals and Asylums] may be cited as the ‘Federal and District of Columbia Government Real Property Act of 2006’.’’ Pub. L. 109–313, § 1, Oct. 6, 2006, 120 Stat. 1734, provided that: ‘‘This Act [amending sections 303, 321, 549, 573, 604, and 605 of this title, section 5316 of Title 5, Government Organization and Employees, section 2669 of Title 22, Foreign Relations and Intercourse, and section 433 of Title 41, Public Contracts, repealing section 322 of this title, enacting provisions set out as notes under sec- tions 303 and 321 of this title and section 5316 of Title 5, and amending provisions set out as notes under sec- tion 2302 of Title 10, Armed Forces, and section 2107 of Title 44, Public Printing and Documents] may be cited as the ‘General Services Administration Modernization Act’.’’ SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–126, title II, § 201, Nov. 17, 2003, 117 Stat. 1349, provided that: ‘‘This title [amending sections 8901 to 8906 and 8908 of this title and enacting provisions set out as notes under section 8901 of this title] may be cited as the ‘Commemorative Works Clarification and Revision Act of 2003’.’’ § 102. Definitions Except as provided in subchapter VII of chap- ter 5 of this title, the following definitions apply in chapters 1 through 7 of this title and in divi- sion 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, re- habilitating, operating, preserving, pro- tecting, insuring, packing, storing, handling, conserving, and transporting excess and sur- plus property; and (B) rendering innocuous, or destroying, property that is dangerous to public health or safety. (2) CONTRACTOR INVENTORY.—The term ‘‘con- tractor inventory’’ means— (A) property, in excess of amounts needed to complete full performance, that is ac- quired by and in possession of a contractor or subcontractor under a contract pursuant to which title is vested in the Federal Gov- ernment; and (B) property that the Government is obli- gated 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 op- tion 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 agen- cy’s needs or responsibilities. (4) EXECUTIVE AGENCY.—The term ‘‘executive agency’’ means— (A) an executive department or inde- pendent establishment in the executive branch of the Government; and (B) a wholly owned Government corpora- tion. (5) FEDERAL AGENCY.—The term ‘‘federal agency’’ means an executive agency or an es- tablishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Archi- tect 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 prop- erty that is not located in the States of the United States, the District of Columbia, Puer- to Rico, American Samoa, Guam, the North- ern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands. (7) MOTOR VEHICLE.—The term ‘‘motor vehi- cle’’ means any vehicle, self-propelled or drawn by mechanical power, designed and op- erated 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 perform- ance of duties. (8) NONPERSONAL SERVICES.—The term ‘‘non- personal services’’ means contractual services designated by the Administrator of General Services, other than personal and professional services.