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B-101646,B-175155 1 (1979-09-06)

handle is hein.gao/gaobadagy0001 and id is 1 raw text is: K *1 B-101646 September 6, 1979 3-175155 Team Leader, CED - Raymond H. Smith, Jr. B-101646 - B-175155 Septeaber 6, 1979 Senior Attorney, OGC Geraldine M. Rubar Status of Excess Property Transferred to Amtrak Incident to your audit of theNational Railroad Passenger Corporation (Atrak), you ask4 whether excess Federal prop erty transferred to Aatrak wndtt section 202(t) Q9 the. Federal Property and AdminiattatlY, serVicep Act (Federal Property Act) 40 U.S.C. g83(a) (as i n td by 41 C.F.R 10143.3), remains Federal propfrty subjeat to Pederal property controls. Yo% told us that Amtrak ttsthe exces poperty as Fedaral property,. and reports it to the Gener4 Sfvict Aoministration (OSA) when Amtrak no longer nee4S it. Ho wfe, GSA personnel with whdm you spoke, say that once transferted to. Amtrak the property lose its Fedtral. deity ad 4trak need not follow Federal property management procedte in dipposing of it. We agre* with GSA--Amtta% need rot tallow Federal procedures in disposing of excess property it receives from the Federal Government. Section 20Z(a)(l) of the Federal Property Act, 40 U.$.C. S403(a)(1), directs thAdrtinisttator 6f GSA to *provide for the trapser of exces ppoperty ang FederAl agecies and to the organizations specif n.tion 109(g) [4O U*S.C. 7560(f)J. Section 10$(fM speCites, among others, mixed- ownership Government corporations. See, also, 41 C.t.Ro 101-43.302. As a mixa4vownership Government corporation (see section 201 of the GlOnerApmnt Corpdration. ontrol Act, 31 U.S.C. 5856), Arltrak qualities to receive exCass property. Since property under the control of a mixed-ownership Government corporation is not subject to Federal controls, pnce.excess property is transferred to Amtrak it loses its ederal identity and Amtrak may use and dispose of it as it .ees fit. Property controls, which are prescribed by various provisions of the Federal Property Act, apply to executive agencies and ederal agencies. Specifically, section

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