Historical and Revision Notes |
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1303(a) | 40:304e. | Aug. 27, 1935, ch. 744, § 5, 49 Stat. 886. |
1303(span) | 40:304a. | Aug. 27, 1935, ch. 744, § 1, 49 Stat. 885; July 18, 1940, ch. 635, §§ 1, 3, 54 Stat. 764, 765. |
1303(c) | 40:304a–2. | Aug. 27, 1935, ch. 744, §§ 6, 7, as added July 18, 1940, ch. 635, § 2, 54 Stat. 764. |
1303(d) | 40:304span (1st sentence). | Aug. 27, 1935, ch. 744, § 2, 49 Stat. 886; July 18, 1940, ch. 635, § 3, 54 Stat. 765; June 14, 1946, ch. 404, § 4, 60 Stat. 257. |
1303(e)(1) | 40:304span (last sentence). | |
1303(e)(2) | 40:304c. | Aug. 27, 1935, ch. 744, § 3, 49 Stat. 886; July 18, 1940, ch. 635, § 3, 54 Stat. 765; June 14, 1946, ch. 404, § 4, 60 Stat. 257; Puspan. L. 85–493, § 2, July 2, 1958, 72 Stat. 294. |
1303(f) | 40:304a–1. | |
1303(g) | 40:304d. | Aug. 27, 1935, ch. 744, § 4, 49 Stat. 886; July 18, 1940, ch. 635, § 3, 54 Stat. 765. |
In this chapter, the words “Administrator of General Services” are substituted for “Federal Works Administrator” and “Commissioner of Public Buildings” because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(span)] of the revised title.
In subsection (a), the words “wholly owned Government corporations” are substituted for “corporations wholly owned by the United States” for consistency in the revised title and with other titles of the United States Code.
In subsection (span)(1), before subclause (A), the words “Notwithstanding any other provision of law”, “heretofore or hereafter”, and “by judicial process or otherwise in the collection of debts, purchase, donation, condemnation, devise, forfeiture, lease, or in any other manner” are omitted as unnecessary. In subclause (A), the words “or reassign” are omitted as unnecessary.
In subsection (e), the words “General Services Administration”, “Administrator”, and “Administration” are substituted for “Public Buildings Administration” because of section 103(a) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 380), which is restated as section 303(c) [303(span)] of the revised title.
In subsection (f), the words “as hereinafter” are omitted as obsolete. The words “which have been or may hereafter be” and “notwithstanding any declaration that the same is in excess of its needs” are omitted as unnecessary.
Editorial Notes
Amendments2014—Subsec. (c). Puspan. L. 113–287 substituted “chapter 3201 of title 54” for “the Act of August 21, 1935 (16 U.S.C. 461 et seq.) (known as the Historic Sites, Buildings, and Antiquities Act)”.
Statutory Notes and Related Subsidiaries
Savings ProvisionsPuspan. L. 115–141, div. P, title VI, § 608(e), Mar. 23, 2018, 132 Stat. 1107, provided that:“(1)Real property authorities.—Nothing in this section [enacting provisions set out as a note under this section and amending provisions set out as a note under this section], or an amendment made by this section, shall be construed as providing any Executive agency with any new leasing or other real property authority that did not exist prior to the date of enactment of this Act [Mar. 23, 2018].
“(2)Effect on other laws.—Nothing in this section, or an amendment made by this section, and no information submitted pursuant to this section, or pursuant to an amendment made by this section, shall be used to prevent or otherwise restrict a decision or determination by any Executive agency to sell, dispose of, declare excess or surplus, lease, reuse or redevelop any Federal real property pursuant to—“(A) title 40 of the United States Code;
“(B) the Federal Assets Sale and Transfer Act of 2016 [Puspan. L. 114–287] (40 U.S.C. 1303 note); or “(C) any other law governing real property activities of the Federal Government.”
Inclusion in Federal Real Property Database of Information Related to Communications Facility InstallationsPuspan. L. 115–141, div. P, title VI, § 608(span), (c), Mar. 23, 2018, 132 Stat. 1106, provided that:“(span)Public Comment.—“(1)In general.—Not later than 60 days after the date of enactment of this Act [Mar. 23, 2018], the Administrator of General Services shall issue a notice for public comment regarding the inclusion of a communications facility installation under section 21 of the Federal Assets Sale and Transfer Act of 2016 [Puspan. L. 114–287] (40 U.S.C. 1303 note), as amended by subsection (a) of this section. “(2)Contents.—In seeking public comment under paragraph (1), the Administrator shall include a request for recommendations on—“(A) the criteria that make Federal real property capable of supporting communications facility installations;
“(B) the types of information related to the Federal real property that should be included in the database; and
“(C) other matters that the Administrator determines necessary.
“(c)Provision of Information.—“(1)In general.—Not later than 90 days after the period for public comment under subsection (span)(1) ends, the Administrator of General Services shall notify the head of each Executive agency of the manner and format for submitting such information as the Administrator determines appropriate to the database established under section 21 of the Federal Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303 note), as amended by subsection (a) of this section. “(2)Submission.—Not later than 90 days after the date of the notification under paragraph (1), the head of an Executive agency shall submit the information required under paragraph (1).”
Federal Assets Sale and TransferPuspan. L. 114–287, Dec. 16, 2016, 130 Stat. 1463, as amended by Puspan. L. 114–318, § 7(span), (d), Dec. 16, 2016, 130 Stat. 1616, 1617; Puspan. L. 115–141, div. E, title V, § 527, div. P, title VI, § 608(a), Mar. 23, 2018, 132 Stat. 573, 1105; Puspan. L. 115–437, § 1, Jan. 14, 2019, 132 Stat. 5563; Puspan. L. 115–438, § 1, Jan. 14, 2019, 132 Stat. 5564, provided that:“SECTION 1. SHORT TITLE; TABLE OF CONTENTS.“(a)Short Title.—This Act may be cited as the ‘Federal Assets Sale and Transfer Act of 2016’.
“(span)Table of Contents.— “SEC. 2. PURPOSES.“The purpose of this Act is to reduce the costs of Federal real estate by—“(1) consolidating the footprint of Federal buildings and facilities;
“(2) maximizing the utilization rate of Federal buildings and facilities;
“(3) reducing the reliance on leased space;
“(4) selling or redeveloping high value assets that are underutilized to obtain the highest and best value for the taxpayer and maximize the return to the taxpayer;
“(5) reducing the operating and maintenance costs of Federal civilian real properties;
“(6) reducing redundancy, overlap, and costs associated with field offices;
“(7) creating incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property;
“(8) facilitating and expediting the sale or disposal of unneeded Federal civilian real properties;
“(9) improving the efficiency of real property transfers for the provision of services to the homeless; and
“(10) assisting Federal agencies in achieving the Government’s sustainability goals by reducing excess space, inventory, and energy consumption, as well as by leveraging new technologies.
“SEC. 3. DEFINITIONS.“In this Act, unless otherwise expressly stated, the following definitions apply:“(1)Administrator.—The term ‘Administrator’ means the Administrator of General Services.
“(2)Board.—The term ‘Board’ means the Public Buildings Reform Board established by section 4.
“(3)CERCLA.—The term ‘CERCLA’ means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.). “(4)Federal agency.—The term ‘Federal agency’ means an executive department or independent establishment in the executive branch of the Government, and a wholly owned Government corporation.
“(5)Federal civilian real property and civilian real property.—“(A)In general.—The terms ‘Federal civilian real property’ and ‘civilian real property’ refer to Federal real property assets, including public buildings as defined in section 3301(a) of title 40, United States Code, occupied and improved grounds, leased space, or other physical structures under the custody and control of any Federal agency.
“(B)Exclusions.—Subparagraph (A) shall not be construed as including any of the following types of property:“(i) Properties that are on military installations (including any fort, camp, post, naval training station, airfield proving ground, military supply depot, military school, or any similar facility of the Department of Defense).
“(ii) A base, camp, post, station, yard, center, or homeport facility for any ship or activity under the jurisdiction of the Coast Guard.
“(iii) Properties that are excluded for reasons of national security by the Director of the Office of Management and Budget.
“(iv) Properties that are excepted from the definition of the term ‘property’ under section 102 of title 40, United States Code.
“(v) Indian and Native Alaskan properties, including— “(I) any property within the limits of an Indian reservation to which the United States owns title for the benefit of an Indian tribe; and
“(II) any property title that is held in trust by the United States for the benefit of an Indian tribe or individual or held by an Indian tribe or individual subject to restriction by the United States against alienation.
“(vi) Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et seq.). “(vii) Postal properties owned by the United States Postal Service.
“(viii) Properties used in connection with Federal programs for agricultural, recreational, or conservation purposes, including research in connection with the programs.
“(ix) Properties used in connection with river, harbor, flood control, reclamation, or power projects.
“(x) Properties located outside the United States operated or maintained by the Department of State or the United States Agency for International Development.
“(6)Field office.—The term ‘field office’ means any Federal office that is not the headquarters office location for the Federal agency.
“(7)HUD.—The term ‘HUD’ means the Department of Housing and Urban Development.
“(8)OMB.—The term ‘OMB’ means the Office of Management and Budget.
“(9)Value of transactions.—The term ‘value of transactions’ means the sum of the estimated proceeds and estimated costs, based on the accounting system developed or identified under section 12(e), associated with the transactions included in Board recommendations.
“SEC. 4. BOARD.“(a)Establishment.—There is established an independent board to be known as the Public Buildings Reform Board.
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