40 U.S.C. § 102 : US Code - Section 102: Definitions
Search 40 U.S.C. § 102 : US Code - Section 102: Definitions
The following definitions apply in chapters 1 through 7 of this
title and in title III of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 251 et seq.):
(1) Care and handling. - The term "care and handling" includes -
(A) completing, repairing, converting, rehabilitating,
operating, preserving, protecting, insuring, packing, storing,
handling, conserving, and transporting excess and surplus
(B) rendering innocuous, or destroying, property that is
dangerous to public health or safety.
(2) Contractor inventory. - The term "contractor inventory"
(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) 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 agency's needs
(4) Executive agency. - 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) Federal agency. - 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) Foreign excess property. - 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
(7) Motor vehicle. - 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
(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) Nonpersonal services. - The term "nonpersonal services"
means contractual services designated by the Administrator of
General Services, other than personal and professional services.
(9) Property. - 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
(B) naval vessels that are battleships, cruisers, aircraft
carriers, destroyers, or submarines; and
(C) records of the Government.
(10) Surplus property. - The term "surplus property" means
excess property that the Administrator determines is not required
to meet the needs or responsibilities of all federal agencies.
Purpose and definitions