{"identifier":"/us/usc/t40/s102","title":40,"num":"\u00a7\u202f102.","heading":"Definitions","text":"\u00a7\u202f102.\nDefinitions\nExcept 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 sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:\n(1)\nCare and handling.\u2014\nThe term \u201ccare and handling\u201d includes\u2014\n(A) completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and\n(B) rendering innocuous, or destroying, property that is dangerous to public health or safety.\n(2)\nContractor inventory.\u2014\nThe term \u201ccontractor inventory\u201d means\u2014\n(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\n(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.\n(3)\nExcess property.\u2014\nThe term \u201cexcess property\u201d means property under the control of a federal agency that the head of the agency determines is not required to meet the agency\u2019s needs or responsibilities.\n(4)\nExecutive agency.\u2014\nThe term \u201cexecutive agency\u201d means\u2014\n(A) an executive department or independent establishment in the executive branch of the Government; and\n(B) a wholly owned Government corporation.\n(5)\nFederal agency.\u2014\nThe term \u201cfederal agency\u201d 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).\n(6)\nForeign excess property.\u2014\nThe term \u201cforeign excess property\u201d 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.\n(7)\nMotor vehicle.\u2014\nThe term \u201cmotor vehicle\u201d means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding\u2014\n(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\n(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.\n(8)\nNonpersonal services.\u2014\nThe term \u201cnonpersonal services\u201d means contractual services designated by the Administrator of General Services, other than personal and professional services.\n(9)\nProperty.\u2014\nThe term \u201cproperty\u201d means any interest in property except\u2014\n(A)\n(i) the public domain;\n(ii) land reserved or dedicated for national forest or national park purposes;\n(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\n(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;\n(B) naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and\n(C) records of the Government.\n(10)\nSurplus property.\u2014\nThe term \u201csurplus property\u201d means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.","url":"https://projectusc.org/usc/t40/s102.html","content":[{"t":"sec","id":"/us/usc/t40/s102","children":[{"t":"num","text":"\u00a7\u202f102."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"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 sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41:"},{"t":"para","id":"/us/usc/t40/s102/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Care and handling.\u2014"},{"t":"chapeau","text":"The term \u201ccare and handling\u201d includes\u2014"},{"t":"subpara","id":"/us/usc/t40/s102/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" completing, repairing, converting, rehabilitating, operating, preserving, protecting, insuring, packing, storing, handling, conserving, and transporting excess and surplus property; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s102/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" rendering innocuous, or destroying, property that is dangerous to public health or safety.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Contractor inventory.\u2014"},{"t":"chapeau","text":"The term \u201ccontractor inventory\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t40/s102/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s102/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Excess property.\u2014"},{"t":"content","text":"The term \u201cexcess property\u201d means property under the control of a federal agency that the head of the agency determines is not required to meet the agency\u2019s needs or responsibilities.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Executive agency.\u2014"},{"t":"chapeau","text":"The term \u201cexecutive agency\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t40/s102/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an executive department or independent establishment in the executive branch of the Government; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s102/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a wholly owned Government corporation.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Federal agency.\u2014"},{"t":"content","text":"The term \u201cfederal agency\u201d 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).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Foreign excess property.\u2014"},{"t":"content","text":"The term \u201cforeign excess property\u201d 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.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Motor vehicle.\u2014"},{"t":"chapeau","text":"The term \u201cmotor vehicle\u201d means any vehicle, self-propelled or drawn by mechanical power, designed and operated principally for highway transportation of property or passengers, excluding\u2014"},{"t":"subpara","id":"/us/usc/t40/s102/7/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s102/7/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Nonpersonal services.\u2014"},{"t":"content","text":"The term \u201cnonpersonal services\u201d means contractual services designated by the Administrator of General Services, other than personal and professional services.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"Property.\u2014"},{"t":"chapeau","text":"The term \u201cproperty\u201d means any interest in property except\u2014"},{"t":"subpara","id":"/us/usc/t40/s102/9/A","children":[{"t":"num","text":"(A)"},{"t":"clause","id":"/us/usc/t40/s102/9/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the public domain;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t40/s102/9/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" land reserved or dedicated for national forest or national park purposes;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t40/s102/9/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t40/s102/9/A/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" 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;","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s102/9/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" naval vessels that are battleships, cruisers, aircraft carriers, destroyers, or submarines; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t40/s102/9/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" records of the Government.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t40/s102/10","children":[{"t":"num","text":"(10)"},{"t":"heading","text":"Surplus property.\u2014"},{"t":"content","text":"The term \u201csurplus property\u201d means excess property that the Administrator determines is not required to meet the needs or responsibilities of all federal agencies.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}