40 U.S.C. § 501 — Services for executive agencies

Page 33 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 501 Sec. 603. Process for establishing motor vehicle pools and transportation systems. 604. Treatment of assets taken over to establish motor vehicle pools and transportation sys- tems. 605. Payment of costs. 606. Regulations related to operation. 607. Records. 608. Scrip, tokens, tickets. 609. Identification of vehicles. 610. Discontinuance of motor vehicle pool or sys- tem. 611. Duty to report violations. SUBCHAPTER VII—PROPERTY MANAGEMENT 621. Definitions. 622. Collocation among United States Postal Service properties. 623. Establishment of a Federal Real Property Council. 624. Information on certain leasing authorities. AMENDMENT OF ANALYSIS Pub. L. 118–99, § 2(e)(3), Oct. 1, 2024, 138 Stat. 1579, provided that, effective on the date that is 5 years after Oct. 1, 2024, this analysis is amended by striking item 530. See 2024 Amend- ment note below. Editorial Notes AMENDMENTS 2024—Pub. L. 118–99, § 2(c), (e)(3), Oct. 1, 2024, 138 Stat. 1579, added item 530 and, effective 5 years after Oct. 1, 2024, struck out such item 530 ‘‘Internal guidance on ex- cess personal property’’. 2022—Pub. L. 117–328, div. Z, § 103(b), Dec. 29, 2022, 136 Stat. 5527, added item 549a. 2016—Pub. L. 114–318, § 3(b)(1), Dec. 16, 2016, 130 Stat. 1613, added item for subchapter VII and items 621 to 624. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024AMENDMENT Pub. L. 118–99, § 2(e), Oct. 1, 2024, 138 Stat. 1579, pro- vided that the amendment made by section 2(e)(3) is ef- fective on the date that is 5 years after Oct. 1, 2024. SUBCHAPTER I—PROCUREMENT AND WAREHOUSING § 501. Services for executive agencies (a) AUTHORITY OF ADMINISTRATOR OF GENERAL SERVICES.— (1) IN GENERAL.—The Administrator of Gen- eral Services shall take action under this sub- chapter for an executive agency— (A) to the extent that the Administrator of General Services determines that the action is advantageous to the Federal Government in terms of economy, efficiency, or service; and (B) with due regard to the program activi- ties of the agency. (2) EXEMPTION FOR DEFENSE.—The Secretary of Defense may exempt the Department of De- fense from an action taken by the Adminis- trator of General Services under this sub- chapter, unless the President directs other- wise, whenever the Secretary determines that an exemption is in the best interests of na- tional security. (b) PROCUREMENT AND SUPPLY.— (1) FUNCTIONS.— (A) IN GENERAL.—The Administrator of General Services shall procure and supply personal property and nonpersonal services for executive agencies to use in the proper discharge of their responsibilities, and per- form functions related to procurement and supply including contracting, inspection, storage, issue, property identification and classification, transportation and traffic management, management of public utility services, and repairing and converting. (B) PUBLIC UTILITY CONTRACTS.—A contract for public utility services may be made for a period of not more than 10 years. (2) POLICIES AND METHODS.— (A) IN GENERAL.—The Administrator of General Services shall prescribe policies and methods for executive agencies regarding the procurement and supply of personal property and nonpersonal services and re- lated functions. (B) CONTROLLING REGULATION.—Policies and methods prescribed by the Adminis- trator of General Services under this para- graph are subject to regulations prescribed by the Administrator for Federal Procure- ment Policy under division B (except sec- tions 1704 and 2303) of subtitle I of title 41. (c) REPRESENTATION.—(1) For transportation and other public utility services used by execu- tive agencies, the Administrator of General Services shall represent the agencies— (A) in negotiations with carriers and other public utilities; and (B) in proceedings involving carriers or other public utilities before federal and state regulatory bodies. (2) Prior to representing any installation of the Department of Defense in any proceeding under this subsection, the Administrator or any persons or entities acting on behalf of the Ad- ministrator shall— (A) notify the senior mission commander of the installation; and (B) solicit and represent the interests of the installation as determined by the installa- tion’s senior mission commander. (d) FACILITIES.—The Administrator of General Services shall operate, for executive agencies, warehouses, supply centers, repair shops, fuel yards, and other similar facilities. After con- sultation with the executive agencies affected, the Administrator of General Services shall con- solidate, take over, or arrange for executive agencies to operate the facilities. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1079; Pub. L. 111–350, § 5(l)(6), Jan. 4, 2011, 124 Stat. 3851; Pub. L. 115–232, div. B, title XXVIII, § 2826, Aug. 13, 2018, 132 Stat. 2270.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 501(a) ......... 40:481(a) (words be- fore cl. (1), last proviso). June 30, 1949, ch. 288, title II, § 201(a), 63 Stat. 383; Pub. L. 93–400, § 15(1), Aug. 30, 1974, 88 Stat. 800; Pub. L. 96–83, § 10(a), Oct. 10, 1979, 93 Stat. 652; Pub. L. 98–191, §§ 8(d)(1), 9(a)(2), Dec. 1, 1983, 97 Stat. 1331. Page 34 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 502 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 501(b) ......... 40:481(a)(1), (3). 501(c) ......... 40:481(a)(4). 501(d) ......... 40:481(a)(2). In subsection (a)(2), the words ‘‘from time to time’’ are omitted as unnecessary. The words ‘‘Department of Defense’’ are substituted for ‘‘National Military Estab- lishment’’ in section 201(a) (last proviso) of the Federal Property and Administrative Services Act of 1949, be- cause the Department of Defense was deemed to suc- ceed the National Military Establishment under sec- tion 12(a) and (g) of the National Security Act Amend- ments of 1949 (ch. 412, 63 Stat. 591). The words ‘‘or which may be taken’’ are omitted as unnecessary. In subsection (b)(2)(B), the words ‘‘subject to regula- tions’’ are substituted for ‘‘subject to regulations and regulations’’ in section 201(a)(1) of the Federal Property and Administrative Services Act of 1949 to correct an error resulting from an inconsistency between section 8(d)(1) and section 9(a)(2) of the Office of Federal Pro- curement Policy Act Amendments of 1983 (Public Law 98–191, 97 Stat. 1331). Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–232 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), and added par. (2). 2011—Subsec. (b)(2)(B). Pub. L. 111–350 substituted ‘‘division B (except sections 1704 and 2303) of subtitle I of title 41’’ for ‘‘the Office of Federal Procurement Pol- icy Act (41 U.S.C. 401 et seq.)’’. § 502. Services for other entities (a) FEDERAL AGENCIES, MIXED-OWNERSHIP GOV- ERNMENT CORPORATIONS, AND THE DISTRICT OF COLUMBIA.—On request, the Administrator of General Services shall provide, to the extent practicable, any of the services specified in sec- tion 501 of this title to— (1) a federal agency; (2) a mixed-ownership Government corpora- tion (as defined in section 9101 of title 31); or (3) the District of Columbia. (b) QUALIFIED NONPROFIT AGENCIES.— (1) IN GENERAL.—On request, the Adminis- trator may provide, to the extent practicable, any of the services specified in section 501 of this title to an agency that is— (A)(i) a qualified nonprofit agency for the blind (as defined in section 8501(7) of title 41); or (ii) a qualified nonprofit agency for other severely disabled (as defined in section 8501(6) of title 41); and (B) providing a commodity or service to the Federal Government under chapter 85 of title 41. (2) USE OF SERVICES.—A nonprofit agency re- ceiving services under this subsection shall use the services directly in making or pro- viding to the Government a commodity or service that has been determined by the Com- mittee for Purchase From People Who Are Blind or Severely Disabled under section 8503 of title 41 to be suitable for procurement by the Government. (c) USE OF CERTAIN SUPPLY SCHEDULES.— (1) IN GENERAL.—The Administrator may provide for the use by State or local govern- ments of Federal supply schedules of the Gen- eral Services Administration for the following: (A) Automated data processing equipment (including firmware), software, supplies, sup- port equipment, and services (as contained in Federal supply classification code group 70). (B) Alarm and signal systems, facility management systems, firefighting and res- cue equipment, law enforcement and secu- rity equipment, marine craft and related equipment, special purpose clothing, and re- lated services (as contained in Federal sup- ply classification code group 84 or any amended or subsequent version of that Fed- eral supply classification group). (2) VOLUNTARY USE.—In any case of the use by a State or local government of a Federal supply schedule pursuant to paragraph (1), participation by a firm that sells to the Fed- eral Government through the supply schedule shall be voluntary with respect to a sale to the State or local government through such sup- ply schedule. (3) DEFINITIONS.—In this subsection: (A) The term ‘‘State or local government’’ includes any State, local, regional, or tribal government, or any instrumentality thereof (including any local educational agency or institution of higher education). (B) The term ‘‘tribal government’’ means— (i) the governing body of any Indian tribe, band, nation, or other organized group or community located in the conti- nental United States (excluding the State of Alaska) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians, and (ii) any Alaska Native regional or village corporation established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (C) The term ‘‘local educational agency’’ has the meaning given that term in section 7013 of the Elementary and Secondary Edu- cation Act of 1965. (D) The term ‘‘institution of higher edu- cation’’ has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). (d) USE OF SUPPLY SCHEDULES FOR CERTAIN GOODS AND SERVICES.— (1) IN GENERAL.—The Administrator may provide for the use by State or local govern- ments of Federal supply schedules of the Gen- eral Services Administration for goods or serv- ices that are to be used to facilitate recovery from a major disaster declared by the Presi- dent under the Robert T. Stafford Disaster Re- lief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), to facilitate disaster preparedness or response, or to facilitate recovery from ter- rorism or nuclear, biological, chemical, or ra- diological attack. (2) DETERMINATION BY SECRETARY OF HOME- LAND SECURITY.—The Secretary of Homeland Security shall determine which goods and