§102 — Title 40 Public Buildings, Property, and Works | U.S. Code

Summary

Defines the main words used for handling extra and surplus federal property 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, unless subchapter VII of chapter 5 says otherwise. Care and handling: work to finish, fix, change, run, protect, pack, store, move, insure, or make excess or surplus property safe, including destroying dangerous items. Contractor inventory: property a contractor has that is more than needed to finish a government contract, or property the Government may or must take because of contract changes or early termination. Excess property: property a federal agency controls but decides it does not need. Executive agency: an executive department or independent agency in the executive branch, and any wholly owned Government corporation. Federal agency: an executive agency or a legislative or judicial establishment, excluding the Senate, the House of Representatives, the Architect of the Capitol, and activities run by the Architect. Foreign excess property: excess property located outside the United States, D.C., Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Virgin Islands. Motor vehicle: a self-propelled or mechanically drawn vehicle mainly for highway use, except vehicles designed for military combat/training or mainly used on military posts, and except vehicles used regularly for investigative, law enforcement, or intelligence work when the agency head says exclusive control is essential. Nonpersonal services: contract services the Administrator of General Services designates that are not personal or professional services. Property: any property interest except certain public-domain lands and reserved national forest or park lands, certain minerals and withdrawn lands the Secretary of the Interior allows to be disposed of, certain withdrawn lands the Secretary and Administrator find changed by improvements, specified naval vessels (battleships, cruisers, aircraft carriers, destroyers, or submarines), and government records. Surplus property: excess property the Administrator decides no federal agency needs.

Title 40, §102

Public Buildings, Property, and Works — Source: USLM XML via OLRC

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 section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:

(1)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)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)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)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)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)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)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)The term “nonpersonal services” means contractual services designated by the Administrator of General Services, other than personal and professional services.

(9)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)The term “surplus property” means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10240:472.June 30, 1949, ch. 288, § 3, 63 Stat. 378; Sept. 5, 1950, ch. 849, §§ 7(a), 8(a), 64 Stat. 590, 591; July 12, 1952, ch. 703, § 1(a), (b), 66 Stat. 593; Sept. 1, 1954, ch. 1211, § 4(c), 68 Stat. 1129; Aug. 12, 1955, ch. 874, § 2, 69 Stat. 722; Pub. L. 85–337, § 5, Feb. 28, 1958, 72 Stat. 29; Pub. L. 86–70, § 30(a), June 25, 1959, 73 Stat. 148; Pub. L. 86–624, § 27(a), July 12, 1960, 74 Stat. 418; Pub. L. 93–594, Jan. 2, 1975, 88 Stat. 1926. In this section, the words “and in title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” are added to provide an accurate literal translation of the words “this Act”, meaning the Federal Property and Administrative Services Act of 1949. See the revision note under section 111 of this title. The definition of “Administrator” is omitted as unnecessary. The text of 40:472(i) is omitted as unnecessary because of the definition of “person” in 1:1. In clause (6), the words “the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau” are substituted for “the Trust Territory of the Pacific Islands” because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec.

Editorial Notes

Amendments

2016—Pub. L. 114–318 substituted “Except as provided in subchapter VII of chapter 5 of this title, the” for “The” in introductory provisions. 2011—Pub. L. 111–350 substituted “division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in introductory provisions.

§102 Definitions