40 U.S.C. Sections 541-559

Status: Original and derived artifacts are available for this document.

Download: pdf

§ 529

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

§ 529. Annual executive agency reports on excess
personal property
(a) IN GENERAL.—During the calendar quarter
following the close of each fiscal year, each executive agency shall submit to the Administrator of General Services a report on personal
property—
(1) obtained as—
(A) excess property; or
(B) personal property determined to be no
longer required for the purpose of the appropriation used to make the purchase; and
(2) furnished within the United States to a
recipient other than a federal agency.
(b) REQUIRED INFORMATION.—The report must
set out the categories of equipment and show—
(1) the acquisition cost of the property;
(2) the recipient of the property; and
(3) other information the Administrator may
require.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
HISTORICAL AND REVISION NOTES
Revised
Section
529 .............

Source (U.S. Code)
40:483(e).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 202(e), as added Pub.
L. 94–519, § 3, Oct. 17, 1976,
90 Stat. 2454.

In subsection (a)(2), the words ‘‘in any manner whatsoever’’ are omitted as unnecessary.
In subsection (b), the words ‘‘set out the categories of
equipment’’ are substituted for ‘‘showing . . . categories of equipment’’ to clarify the required form and
content of the report. The words ‘‘The Administrator
shall submit a report to the Senate (or to the Secretary
of the Senate if the Senate is not in session) and to the
House of Representatives (or to the Clerk of the House
if the House is not in session) summarizing and analyzing the reports of the executive agencies’’ are omitted pursuant to section 3003 of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note).
See, also, page 173 of House Document No. 103–7.

SUBCHAPTER III—DISPOSING OF
PROPERTY
§ 541. Supervision and direction
Except as otherwise provided in this subchapter, the Administrator of General Services
shall supervise and direct the disposition of surplus property in accordance with this subtitle.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
HISTORICAL AND REVISION NOTES
Revised
Section
541 .............

Source (U.S. Code)
40:484(a).

Page 42

Statutory Notes and Related Subsidiaries
TRANSFERRED PROPERTIES; REQUESTS PRIOR TO
NOVEMBER 30, 1983
Pub. L. 98–181, title I [title I, § 126(a)(2), (3)], Nov. 30,
1983, 97 Stat. 1175, provided that:
‘‘(2) Notwithstanding paragraph (1) [repealing former
40 U.S.C. 484b], the Secretary of Housing and Urban Development and the Secretary of Agriculture may dispose of Federal surplus real property pursuant to the
terms of section 414 of such Act [former 40 U.S.C. 484b]
if, prior to the date of the enactment of this Act [Nov.
30, 1983], either Secretary had requested the Administrator of General Services to transfer such property for
such disposition.
‘‘(3) Notwithstanding paragraph (1), section 414(b)
[former 40 U.S.C. 484b(b)] of such Act shall continue to
apply, where applicable, to all property transferred by
either Secretary pursuant to section 414 of such Act,
including properties transferred pursuant to paragraph
(2).’’

§ 542. Care and handling
The disposal of surplus property, and the care
and handling of the property pending disposition, may be performed by the General Services
Administration or, when the Administrator of
General Services decides, by the executive agency in possession of the property or by any other
executive agency that agrees.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
HISTORICAL AND REVISION NOTES
Revised
Section
542 .............

Source (U.S. Code)
40:484(b).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(b), 63 Stat. 385.

§ 543. Method of disposition
An executive agency designated or authorized
by the Administrator of General Services to dispose of surplus property may do so by sale, exchange, lease, permit, or transfer, for cash, credit, or other property, with or without warranty,
on terms and conditions that the Administrator
considers proper. The agency may execute documents to transfer title or other interest in the
property and may take other action it considers
necessary or proper to dispose of the property
under this chapter.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1086.)
HISTORICAL AND REVISION NOTES
Revised
Section
543 .............

Source (U.S. Code)
40:484(c).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(c), 63 Stat. 385.

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(a), 63 Stat. 385.

The words ‘‘shall supervise and direct the disposition
of surplus property in accordance with this subtitle’’
are substituted for ‘‘shall have supervision and direction over the disposition of surplus property. Such
property shall be disposed of to such extent, at such
time, in such areas, by such agencies, at such terms
and conditions, and in such manner, as may be prescribed in or pursuant to this Act’’ for clarity and to
eliminate unnecessary words.

§ 544. Validity of transfer instruments
A deed, bill of sale, lease, or other instrument
executed by or on behalf of an executive agency
purporting to transfer title or other interest in
surplus property under this chapter is conclusive evidence of compliance with the provisions
of this chapter concerning title or other interest
of a bona fide grantee or transferee for value and
without notice of lack of compliance.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087.)

Page 43

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
HISTORICAL AND REVISION NOTES

Revised
Section
544 .............

Source (U.S. Code)
40:484(d).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(d), 63 Stat. 385.

§ 545. Procedure for disposal
(a) PUBLIC ADVERTISING FOR BIDS.—
(1) REQUIREMENT.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), the Administrator of General Services may make or authorize a disposal or a contract for disposal of surplus
property only after public advertising for
bids, under regulations the Administrator
prescribes.
(B) EXCEPTIONS.—This subsection does not
apply to disposal or a contract for disposal
of surplus property—
(i) under subsection (b) or (d); or
(ii) by abandonment, destruction, or donation or through a contract broker.
(2) TIME, METHOD, AND TERMS.—The time,
method, and terms and conditions of advertisement must permit full and free competition consistent with the value and nature of
the property involved.
(3) PUBLIC DISCLOSURE.—Bids must be publicly disclosed at the time and place stated in
the advertisement.
(4) AWARDS.—An award shall be made with
reasonable promptness by notice to the responsible bidder whose bid, conforming to the
invitation for bids, is most advantageous to
the Federal Government, price and other factors considered. However, all bids may be rejected if it is in the public interest to do so.
(b) NEGOTIATED DISPOSAL.—Under regulations
the Administrator prescribes, disposals and contracts for disposal may be negotiated without
regard to subsection (a), but subject to obtaining competition that is feasible under the circumstances, if—
(1) necessary in the public interest—
(A) during the period of a national emergency declared by the President or Congress,
with respect to a particular lot of personal
property; or
(B) for a period not exceeding three
months, with respect to a specifically described category of personal property as determined by the Administrator;
(2) the public health, safety, or national security will be promoted by a particular disposal of personal property;
(3) public exigency will not allow delay incident to advertising certain personal property;
(4) the nature and quantity of personal property involved are such that disposal under subsection (a) would impact an industry to an extent that would adversely affect the national
economy, and the estimated fair market value
of the property and other satisfactory terms of
disposal can be obtained by negotiation;
(5) the estimated fair market value of the
property involved does not exceed $15,000;
(6) after advertising under subsection (a),
the bid prices for the property, or part of the
property, are not reasonable or have not been
independently arrived at in open competition;

§ 545

(7) with respect to real property, the character or condition of the property or unusual
circumstances make it impractical to advertise publicly for competitive bids and the fair
market value of the property and other satisfactory terms of disposal can be obtained by
negotiation;
(8) the disposal will be to a State, territory,
or possession of the United States, or to a political subdivision of, or a tax-supported agency in, a State, territory, or possession, and the
estimated fair market value of the property
and other satisfactory terms of disposal are
obtained by negotiation; or
(9) otherwise authorized by law.
(c) DISPOSAL THROUGH CONTRACT BROKERS.—
Disposals and contracts for disposal of surplus
real and related personal property through contract realty brokers employed by the Administrator shall be made in the manner followed in
similar commercial transactions under regulations the Administrator prescribes. The regulations must require that brokers give wide public
notice of the availability of the property for disposal.
(d) NEGOTIATED SALE AT FIXED PRICE.—
(1) AUTHORIZATION.—The Administrator may
make a negotiated sale of personal property at
a fixed price, either directly or through the
use of a disposal contractor, without regard to
subsection (a). However, the sale must be publicized to an extent consistent with the value
and nature of the property involved and the
price established must reflect the estimated
fair market value of the property. Sales under
this subsection are limited to categories of
personal property for which the Administrator
determines that disposal under this subsection
best serves the interests of the Government.
(2) FIRST OFFER.—Under regulations and restrictions the Administrator prescribes, an opportunity to purchase property at a fixed price
under this subsection may be offered first to
an entity specified in subsection (b)(8) that
has expressed an interest in the property.
(e) EXPLANATORY STATEMENTS FOR NEGOTIATED
DISPOSALS.—
(1) REQUIREMENT.—
(A) IN GENERAL.—Except as provided in
subparagraph (B), an explanatory statement
of the circumstances shall be prepared for
each disposal by negotiation of—
(i) personal property that has an estimated fair market value in excess of
$15,000;
(ii) real property that has an estimated
fair market value in excess of $100,000, except that real property disposed of by lease
or exchange is subject only to clauses
(iii)–(v) of this subparagraph;
(iii) real property disposed of by lease for
a term of not more than 5 years, if the estimated fair annual rent is more than
$100,000 for any year;
(iv) real property disposed of by lease for
a term of more than 5 years, if the total
estimated rent over the term of the lease
is more than $100,000; or
(v) real property or real and related personal property disposed of by exchange, re-

§ 546

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
gardless of value, or any property for
which any part of the consideration is real
property.

(B) EXCEPTION.—An explanatory statement
is not required for a disposal of personal
property under subsection (d), or for a disposal of real or personal property authorized
by any other law to be made without advertising.
(2) TRANSMITTAL TO CONGRESS.—The explanatory statement shall be transmitted to the appropriate committees of Congress in advance
of the disposal, and a copy of the statement
shall be preserved in the files of the executive
agency making the disposal.
(3) LISTING IN REPORT.—A report of the Administrator under section 126 of this title
must include a listing and description of any
negotiated disposals of surplus property having an estimated fair market value of more
than $15,000, in the case of real property, or
$5,000, in the case of any other property, other
than disposals for which an explanatory statement has been transmitted under this subsection.
(f) APPLICABILITY OF OTHER LAW.—Section
6101(b)–(d) of title 41 does not apply to a disposal
or contract for disposal made under this section.

Aug. 4, 1972, 86 Stat. 504; Pub. L. 97–248, title V, § 524(c),
Sept. 3, 1982, 96 Stat. 696; Pub. L. 103–272, § 7(b), July 5,
1994, 108 Stat. 1379, provided that:
‘‘(a) to (c) [Repealed. June 30, 1949, ch. 288, title VI,
§ 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.]
‘‘(d) Whenever any State or political subdivision
thereof, or any State or Government agency or instrumentality certifies to the Administrator of General
Services that any power transmission line determined
to be surplus property under the provisions of this Act
[former 50 U.S.C. App. 1611 et seq.] is needful for or
adaptable to the requirements of any public or cooperative power project, such line and the right-of-way acquired for its construction shall not be sold, leased for
more than one year, or otherwise disposed of, except as
provided in section 12 [former 50 U.S.C. App. 1621] or
this section, unless specifically authorized by Act of
Congress.
‘‘(e), (f) [Repealed. June 30, 1949, ch. 288, title VI,
§ 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 399, renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583.]
‘‘(g) [Repealed. Pub. L. 103–272, § 7(b), July 5, 1994, 108
Stat. 1379.]’’

§ 546. Contractor inventories
Subject to regulations of the Administrator of
General Services, an executive agency may authorize a contractor or subcontractor with the
agency to retain or dispose of contractor inventory.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1089.)

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1087; Pub.
L. 111–350, § 5(l)(10), Jan. 4, 2011, 124 Stat. 3852.)
HISTORICAL AND REVISION NOTES
Revised
Section
545 .............

HISTORICAL AND REVISION NOTES
Revised
Section
546 .............

Source (U.S. Code)
40:484(e).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(e), 63 Stat. 386;
July 12, 1952, ch. 703, § 1(i),
66 Stat. 593; Aug. 8, 1953,
ch. 399, 67 Stat. 521; July
14, 1954, ch. 481, 68 Stat.
474; Aug. 3, 1956, ch. 942, 70
Stat. 1020; Pub. L. 85–486,
July 2, 1958, 72 Stat. 288;
Pub. L. 100–612, §§ 3, 4,
Nov. 5, 1988, 102 Stat. 3180.

In subsection (e)(3), the words ‘‘A report’’ are substituted for ‘‘the annual report’’ for consistency in the
revised title. See the revision note under section 126 of
this title.
Editorial Notes
AMENDMENTS
2011—Subsec. (f). Pub. L. 111–350 substituted ‘‘Section
6101(b)–(d) of title 41’’ for ‘‘Section 3709 of the Revised
Statutes (41 U.S.C. 5)’’.
Statutory Notes and Related Subsidiaries
DISPOSAL OF SURPLUS PROPERTY TO LOCAL
GOVERNMENTS AND NONPROFIT INSTITUTIONS
Act Oct. 3, 1944, ch. 479, § 13, 58 Stat. 770; Sept. 18, 1945,
ch. 368, § 2, 59 Stat. 533; May 3, 1946, ch. 248, § 5, 60 Stat.
169; 1947 Reorg. Plan No. 1, § 501, eff. July 1, 1947, 12 F.R.
4535, 61 Stat. 952; July 30, 1947, ch. 404, 61 Stat. 678; June
10, 1948, ch. 433, §§ 1, 2, 62 Stat. 350; June 29, 1948, ch. 727,
62 Stat. 1103; June 30, 1949, ch. 288, title I, § 105, title VI,
§ 602(a)(1), formerly title V, § 502(a)(1), 63 Stat. 381, 399,
renumbered Sept. 5, 1950, ch. 849, § 6(a), (b), 64 Stat. 583;
amended Oct. 1, 1949, ch. 589, §§ 1, 5, 63 Stat. 701; Pub. L.
85–726, title XIV, § 1402(c), Aug. 23, 1958, 72 Stat. 807;
Pub. L. 87–90, July 20, 1961, 75 Stat. 211; Pub. L. 91–258,
title I, § 52(b)(6), May 21, 1970, 84 Stat. 235; Pub. L.
91–485, § 5, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 92–362, § 2,

Page 44

Source (U.S. Code)
40:484(f).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(f), 63 Stat. 386.

§ 547. Agricultural commodities, foods, and cotton or woolen goods
(a) POLICIES.—The Administrator of General
Services shall consult with the Secretary of Agriculture to formulate policies for the disposal
of surplus agricultural commodities, surplus
foods processed from agricultural commodities,
and surplus cotton or woolen goods. The policies
shall be formulated to prevent surplus agricultural commodities, or surplus foods processed
from agricultural commodities, from being
dumped on the market in a disorderly manner
and disrupting the market prices for agricultural commodities.
(b) TRANSFERS TO DEPARTMENT OF AGRICULTURE.—
(1) IN GENERAL.—The Administrator shall
transfer without charge to the Department of
Agriculture any surplus agricultural commodities, foods, and cotton or woolen goods for
disposal, when the Secretary determines that
a transfer is necessary for the Secretary to
carry out responsibilities for price support or
stabilization.
(2) DEPOSIT OF RECEIPTS.—Receipts resulting
from disposal by the Department under this
subsection shall be deposited pursuant to any
authority available to the Secretary. When applicable, however, net proceeds from the sale
of surplus property transferred under this subsection shall be credited pursuant to section
572(a) of this title.
(3) LIMITATION OF SALES.—Surplus farm commodities transferred under this subsection

Page 45

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

may not be sold, other than for export, in
quantities exceeding, or at prices less than,
the applicable quantities and prices for sales
of those commodities by the Commodity Credit Corporation.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1089.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

547(a) .........

40:484(g).

547(b) .........

40:484(h).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(g), (h), 63 Stat. 386.

§ 548. Surplus vessels
The Maritime Administration shall dispose of
surplus vessels of 1,500 gross tons or more which
the Administration determines to be merchant
vessels or capable of conversion to merchant
use. The vessels shall be disposed of in accordance with part F of subtitle V of title 46 and
other laws authorizing the sale of such vessels.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub.
L. 109–304, § 17(g)(1), Oct. 6, 2006, 120 Stat. 1708.)
HISTORICAL AND REVISION NOTES
Revised
Section
548 .............

Source (U.S. Code)
40:484(i).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(i), 63 Stat. 386;
Pub. L. 97–31, § 12(15), Aug.
6, 1981, 95 Stat. 154.

Editorial Notes
AMENDMENTS
2006—Pub. L. 109–304 substituted ‘‘part F of subtitle V
of title 46’’ for ‘‘the Merchant Marine Act, 1936 (46 App.
U.S.C. 1101 et seq.),’’.

§ 549. Donation of personal property through
state agencies
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) PUBLIC AGENCY.—The term ‘‘public agency’’ means—
(A) a State;
(B) a political subdivision of a State (including a unit of local government or economic development district);
(C) a department, agency, or instrumentality of a State (including instrumentalities created by compact or other agreement
between States or political subdivisions); or
(D) an Indian tribe, band, group, pueblo, or
community located on a state reservation.
(2) STATE.—The term ‘‘State’’ means a State
of the United States, the District of Columbia,
Puerto Rico, the Virgin Islands, Guam, the
Northern Mariana Islands, and American
Samoa.
(3) STATE AGENCY.—The term ‘‘state agency’’
means an agency designated under state law
as the agency responsible for fair and equitable distribution, through donation, of property transferred under this section.
(b) AUTHORIZATION.—
(1) IN GENERAL.—The Administrator of General Services, in the Administrator’s discre-

§ 549

tion and under regulations the Administrator
may prescribe, may transfer property described in paragraph (2) to a state agency.
(2) PROPERTY.—
(A) IN GENERAL.—Property referred to in
paragraph (1) is any personal property that—
(i) is under the control of an executive
agency; and
(ii) has been determined to be surplus
property.
(B) SPECIAL RULE.—In determining whether the property is to be transferred for donation under this section, no distinction may
be made between property capitalized in a
working-capital fund established under section 2208 of title 10 (or similar fund) and any
other property.
(3) NO COST.—Transfer of property under this
section is without cost, except for any costs of
care and handling.
(c) ALLOCATION AND TRANSFER OF PROPERTY.—
(1) IN GENERAL.—The Administrator shall allocate and transfer property under this section
in accordance with criteria that are based on
need and use and that are established after
consultation with state agencies to the extent
feasible. The Administrator shall give fair
consideration, consistent with the established
criteria, to an expression of need and interest
from a public agency or other eligible institution within a State. The Administrator shall
give special consideration to an eligible recipient’s request, transmitted through the state
agency, for a specific item of property.
(2) ALLOCATION AMONG STATES.—The Administrator shall allocate property among the
States on a fair and equitable basis, taking
into account the condition of the property as
well as the original acquisition cost of the
property.
(3) RECIPIENTS AND PURPOSES.—The Administrator shall transfer to a state agency property the state agency selects for distribution
through donation within the State—
(A) to a public agency for use in carrying
out or promoting, for residents of a given political area, a public purpose, including conservation, economic development, education,
parks and recreation, public health, and public safety;
(B) for purposes of education or public
health (including research), to a nonprofit
educational or public health institution or
organization that is exempt from taxation
under section 501 of the Internal Revenue
Code of 1986 (26 U.S.C. 501), including—
(i) a medical institution, hospital, clinic,
health center, or drug abuse treatment
center;
(ii) a provider of assistance to homeless
individuals or to families or individuals
whose annual incomes are below the poverty line (as that term is defined in section
673 of the Community Services Block
Grant Act (42 U.S.C. 9902));
(iii) a school, college, or university;
(iv) a school for the mentally retarded or
physically handicapped;
(v) a child care center;
(vi) a radio or television station licensed
by the Federal Communications Commis-

§ 549

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
sion as an educational radio or educational
television station;
(vii) a museum attended by the public,
and, for purposes of determining whether a
museum is attended by the public, the Administrator shall consider a museum to be
public if the nonprofit educational or public health institution or organization, at
minimum, accedes to any request submitted for access during business hours;
(viii) a library serving free all residents
of a community, district, State, or region;
or
(ix) a historic light station as defined
under section 305101(4) of title 54, including
a historic light station conveyed under
section 305103 of title 54, notwithstanding
the number of hours that the historic light
station is open to the public; or

(C) for purposes of providing services to
veterans (as defined in section 101 of title
38), to an organization whose—
(i) membership comprises substantially
veterans; and
(ii) representatives are recognized by the
Secretary of Veterans Affairs under section 5902 of title 38.
(4) EXCEPTION.—This subsection does not
apply to property transferred under subsection
(d).
(d) DEPARTMENT OF DEFENSE PROPERTY.—
(1) DETERMINATION.—The Secretary of Defense shall determine whether surplus personal property under the control of the Department of Defense is usable and necessary
for educational activities which are of special
interest to the armed services, including maritime academies, or military, naval, Air Force,
or Coast Guard preparatory schools.
(2) PROPERTY USABLE FOR SPECIAL INTEREST
ACTIVITIES.—If the Secretary of Defense determines that the property is usable and necessary for educational activities which are of
special interest to the armed services, the Secretary shall allocate the property for transfer
by the Administrator to the appropriate state
agency for distribution through donation to
the educational activities.
(3) PROPERTY NOT USABLE FOR SPECIAL INTEREST ACTIVITIES.—If the Secretary of Defense
determines that the property is not usable and
necessary for educational activities which are
of special interest to the armed services, the
property may be disposed of in accordance
with subsection (c).
(e) STATE PLAN OF OPERATION.—
(1) IN GENERAL.—Before property may be
transferred to a state agency, the State shall
develop a detailed state plan of operation, in
accordance with this subsection and with state
law.
(2) PROCEDURE.—
(A) CONSIDERATION OF NEEDS AND RESOURCES.—In developing and implementing
the state plan of operation, the relative
needs and resources of all public agencies
and other eligible institutions in the State
shall be taken into consideration. The Administrator may consult with interested fed-

Page 46

eral agencies to obtain their views concerning the administration and operation of
this section.
(B) PUBLICATION AND PERIOD FOR COMMENT.—The state plan of operation, and any
major amendment to the plan, may not be
filed with the Administrator until 60 days
after general notice of the proposed plan or
amendment has been published and interested persons have been given at least 30
days to submit comments.
(C) CERTIFICATION.—The chief executive officer of the State shall certify and submit
the state plan of operation to the Administrator.
(3) REQUIREMENTS.—
(A) STATE AGENCY.—The state plan of operation shall include adequate assurance that
the state agency has—
(i) the necessary organizational and
operational authority and capability including staff, facilities, and means and
methods of financing; and
(ii) established procedures for accountability, internal and external audits, cooperative agreements, compliance and use
reviews, equitable distribution and property disposal, determination of eligibility,
and assistance through consultation with
advisory bodies and public and private
groups.
(B) EQUITABLE DISTRIBUTION.—The state
plan of operation shall provide for fair and
equitable distribution of property in the
State based on the relative needs and resources of interested public agencies and
other eligible institutions in the State and
their abilities to use the property.
(C) MANAGEMENT CONTROL AND ACCOUNTING
SYSTEMS.—The state plan of operation shall
require, for donable property transferred
under this section, that the state agency use
management control and accounting systems of the same type as systems required
by state law for state-owned property. However, with approval from the chief executive
officer of the State, the state agency may
elect to use other management control and
accounting systems that are effective to
govern the use, inventory control, accountability, and disposal of property under this
section.
(D) RETURN AND REDISTRIBUTION FOR NONUSE.—The state plan of operation shall require the state agency to provide for the return and redistribution of donable property
if the property, while still usable, has not
been placed in use for the purpose for which
it was donated within one year of donation
or ceases to be used by the donee for that
purpose within one year of being placed in
use.
(E) REQUEST BY RECIPIENT.—The state plan
of operation shall require the state agency,
to the extent practicable, to select property
requested by a public agency or other eligible institution in the State and, if requested
by the recipient, to arrange shipment of the
property directly to the recipient.
(F) SERVICE CHARGES.—If the state agency
is authorized to assess and collect service

Page 47

§ 549

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

charges from participating recipients to
cover direct and reasonable indirect costs of
its activities, the method of establishing the
charges shall be set out in the state plan of
operation. The charges shall be fair and equitable and shall be based on services the
state agency performs, including screening,
packing, crating, removal, and transportation.
(G) TERMS, CONDITIONS, RESERVATIONS, AND
RESTRICTIONS.—
(i) IN GENERAL.—The state plan of operation shall provide that the state agency—
(I) may impose reasonable terms, conditions, reservations, and restrictions on
the use of property to be donated under
subsection (c); and
(II) shall impose reasonable terms,
conditions, reservations, and restrictions
on the use of a passenger motor vehicle
and any item of property having a unit
acquisition cost of $5,000 or more.
(ii) SPECIAL LIMITATIONS.—If the Administrator finds that an item has characteristics that require special handling or use
limitations, the Administrator may impose appropriate conditions on the donation of the property.
(H) UNUSABLE PROPERTY.—
(i) DISPOSAL.—The state plan of operation shall provide that surplus personal
property which the state agency determines cannot be used by eligible recipients
shall be disposed of—
(I) subject to the disapproval of the Administrator within 30 days after notice
to the Administrator, through transfer
by the state agency to another state
agency or through abandonment or destruction if the property has no commercial value or if the estimated cost of continued care and handling exceeds estimated proceeds from sale; or
(II) under this subtitle, on terms and
conditions and in a manner the Administrator prescribes.
(ii) PROCEEDS FROM SALE.—Notwithstanding subchapter IV of this chapter and
section 702 of this title, the Administrator,
from the proceeds of sale of property described in subsection (b), may reimburse
the state agency for expenses that the Administrator considers appropriate for care
and handling of the property.
COOPERATIVE AGREEMENTS WITH STATE
AGENCIES.—
(1) PARTIES TO THE AGREEMENT.—For purposes of carrying out this section, a cooperative agreement may be made between a state
surplus property distribution agency designated under this section and—
(A) the Administrator;
(B) the Secretary of Education, for property transferred under section 550(c) of this
title;
(C) the Secretary of Health and Human
Services, for property transferred under section 550(d) of this title; or
(D) the head of a federal agency designated
by the Administrator, the Secretary of Edu-

cation, or the Secretary of Health and
Human Services.
(2) SHARED RESOURCES.—The cooperative
agreement may provide that the property, facilities, personnel, or services of—
(A) a state agency may be used by a federal agency; and
(B) a federal agency may be made available to a state agency.
(3) REIMBURSEMENT.—The cooperative agreement may require payment or reimbursement
for the use or provision of property, facilities,
personnel, or services. Payment or reimbursement received from a state agency shall be
credited to the fund or appropriation against
which charges would otherwise be made.
(4) SURPLUS PROPERTY
STATE AGENCY.—

TRANSFERRED

TO

(A) IN GENERAL.—Under the cooperative
agreement, surplus property transferred to a
state agency for distribution pursuant to
subsection (c) may be retained by the state
agency for use in performing its functions.
Unless otherwise directed by the Administrator, title to the retained property vests in
the state agency.
(B) CONDITIONS.—Retention of surplus
property under this paragraph is subject to
conditions that may be imposed by—
(i) the Administrator;
(ii) the Secretary of Education, for property transferred under section 550(c) of this
title; or
(iii) the Secretary of Health and Human
Services, for property transferred under
section 550(d) of this title.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1090; Pub.
L. 109–313, § 5, Oct. 6, 2006, 120 Stat. 1737; Pub. L.
111–338, § 2, Dec. 22, 2010, 124 Stat. 3590; Pub. L.
113–26, § 2, Aug. 9, 2013, 127 Stat. 502; Pub. L.
113–287, § 5(j)(1), Dec. 19, 2014, 128 Stat. 3269; Pub.
L. 114–287, § 23, Dec. 16, 2016, 130 Stat. 1479.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

549(a)(1), (2)

40:484(j)(5).

549(a)(3), (b)
549(c) .........
549(d) .........
549(e) .........

40:484(j)(1).
40:484(j)(3).
40:484(j)(2).
40:484(j)(4).

(f)

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(j), 63 Stat. 386;
Sept. 5, 1950, ch. 849, § 4, 64
Stat. 579; June 3, 1955, ch.
130, §§ 1, 2(a), 6(a), (b), 69
Stat. 83, 84; July 3, 1956,
ch. 513, § 1, 70 Stat. 493;
Pub. L. 87–786, Oct. 10,
1962, 76 Stat. 805; Pub. L.
94–519, § 1(1), Oct. 17, 1976,
90 Stat. 2451; Pub. L.
99–386, title II, § 207, Aug.
22, 1986, 100 Stat. 823; Pub.
L. 100–77, title V, § 502(a),
July 22, 1987, 101 Stat. 510;
Pub. L. 100–690, title II,
§ 2081(b), Nov. 18, 1988, 102
Stat. 4216; Pub. L. 105–50,
§ 1, Oct. 6, 1997, 111 Stat.
1167.

§ 549

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
HISTORICAL AND REVISION NOTES—CONTINUED

Revised
Section

Source (U.S. Code)

549(f) ..........

40:484(n).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(n), formerly (m),
as added June 3, 1955, ch.
130, § 3, 69 Stat. 84; redesignated (n), Aug. 1, 1955,
ch. 442, 69 Stat. 430; July
3, 1956, ch. 513, § 3, 70 Stat.
494; Pub. L. 87–94, July 20,
1961, 75 Stat. 213; Pub. L.
90–351, title I, § 525, as
added Pub. L. 93–83, § 2,
Aug. 6, 1973, 87 Stat. 216;
Pub. L. 91–485, § 3, Oct. 22,
1970, 84 Stat. 1085; Pub. L.
94–519, § 1(3), Oct. 17, 1976,
90 Stat. 2453.

In subsection (a)(2), the words ‘‘the Northern Mariana
Islands’’ are added because of section 502(a)(2) of the
Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United
States of America (48:1801 note).
In subsection (d), the words ‘‘Secretary of Defense’’
are substituted for ‘‘National Military Establishment’’
[subsequently changed to ‘‘Department of Defense’’ because of section 12(a) of the National Security Act
Amendments of 1949 (ch. 412, 63 Stat. 591)] because of
10:113(a).
In subsection (e)(2)(B), the words ‘‘In the event that
a State legislature has not developed, according to
State law, a State plan within two hundred and seventy
calendar days after October 17, 1976, the chief executive
officer of the State shall approve, and submit to the
Administrator, a temporary State plan’’ are omitted as
obsolete.
In subsection (f)(1)(B)–(D) and (4)(B), the words ‘‘Secretary of Education’’ and ‘‘Secretary of Health and
Human Services’’ are substituted for ‘‘Secretary of
Health, Education, and Welfare’’ because of sections
301(a)(2)(P) and (b), 507, and 509(b) of the Department of
Education Organization Act (20:3441(a)(2)(P) and (b),
3507, and 3508(b)).
Editorial Notes
AMENDMENTS
2016—Subsec. (c)(3)(B)(vii). Pub. L. 114–287 amended
cl. (vii) generally. Prior to amendment, cl. (vii) read as
follows: ‘‘a museum attended by the public;’’.
2014—Subsec. (c)(3)(B)(ix). Pub. L. 113–287 substituted
‘‘section 305101(4) of title 54’’ for ‘‘section 308(e)(2) of
the National Historic Preservation Act (16 U.S.C.
470w–7(e)(2))’’ and ‘‘section 305103 of title 54’’ for ‘‘subsection (b) of that section’’.
2013—Subsec. (c)(3)(B)(viii), (x). Pub. L. 113–26, § 2(2),
inserted ‘‘or’’ at end of cl. (viii) and struck out cl. (x)
which read as follows: ‘‘an organization whose—
‘‘(I) membership comprises substantially veterans
(as defined under section 101 of title 38); and
‘‘(II) representatives are recognized by the Secretary of Veterans Affairs under section 5902 of title
38.’’
Subsec. (c)(3)(C). Pub. L. 113–26, § 2(1), (3), added subpar. (C).
2010—Subsec. (c)(3)(B)(x). Pub. L. 111–338 added cl. (x).
2006—Subsec. (c)(3)(B)(ix). Pub. L. 109–313 added cl.
(ix).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2006 AMENDMENT
Amendment by Pub. L. 109–313 effective 60 days after
Oct. 6, 2006, see section 6 of Pub. L. 109–313, set out as
a note under section 5316 of Title 5, Government Organization and Employees.
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and
assets of the Coast Guard, including the authorities

Page 48

and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections
468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.
Executive Documents
EX. ORD. NO. 12999. EDUCATIONAL TECHNOLOGY: ENSURING OPPORTUNITY FOR ALL CHILDREN IN THE NEXT CENTURY

Ex. Ord. No. 12999, Apr. 17, 1996, 61 F.R. 17227, provided:
In order to ensure that American children have the
skills they need to succeed in the information-intensive 21st century, the Federal Government is committed to working with the private sector to promote
four major developments in American education: making modern computer technology an integral part of
every classroom; providing teachers with the professional development they need to use new technologies
effectively; connecting classrooms to the National Information Infrastructure; and encouraging the creation
of excellent educational software. This Executive order
streamlines the transfer of excess and surplus Federal
computer equipment to our Nation’s classrooms and
encourages Federal employees to volunteer their time
and expertise to assist teachers and to connect classrooms.
Accordingly, by the authority vested in me as President by the Constitution and the laws of the United
States of America, including the provisions of the Stevenson-Wydler Technology Innovation Act of 1980, as
amended (15 U.S.C. 3701 et seq.), the Federal Property
and Administrative Services Act of 1949, ch. 288, 63
Stat. 377 [now chapters 1 to 11 of this title and division
C (except sections 3302, 3307(e), 3501(b), 3509, 3906, 4710,
and 4711) of subtitle I of Title 41, Public Contracts], and
the National Defense Authorization Act for Fiscal Year
1996, Public Law 104–106 [see Tables for classification],
it is hereby ordered as follows:
SECTION 1. Protection of Educationally Useful Federal
Equipment. (a) Educationally useful Federal equipment
is a vital national resource. To the extent such equipment can be used as is, separated into parts for other
computers, or upgraded—either by professional technicians, students, or other recycling efforts—educationally useful Federal equipment is a valuable tool for
computer education. Therefore, to the extent possible,
all executive departments and agencies (hereinafter referred to as ‘‘agencies’’) shall protect and safeguard
such equipment, particularly when declared excess or
surplus, so that it may be recycled and transferred, if
appropriate, pursuant to this order.
SEC. 2. Efficient Transfer of Educationally Useful Federal Equipment to Schools and Nonprofit Organizations. (a)
To the extent permitted by law, all agencies shall give
highest preference to schools and nonprofit organizations, including community-based educational organizations, (‘‘schools and nonprofit organizations’’) in the
transfer, through gift or donation, of educationally useful Federal equipment.
(b) Agencies shall attempt to give particular preference to schools and nonprofit organizations located
in the Federal enterprise communities and empowerment zones established in the Omnibus Reconciliation
Act of 1993, Public Law 103–66 [see 26 U.S.C. 1391 et
seq.].
(c) Each agency shall, to the extent permitted by law
and where appropriate, identify educationally useful
Federal equipment that it no longer needs and transfer
it to a school or nonprofit organization by:
(1) conveying research equipment directly to the
school or organization pursuant to 15 U.S.C. 3710(i); or
(2) reporting excess equipment to the General Services Administration (GSA) for donation when declared
surplus in accordance with section 203(j) of the Federal

Page 49

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

Property and Administrative Services Act of 1949, as
amended, 40 U.S.C. 484(j) [now 40 U.S.C. 549]. Agencies
shall report such equipment as far as possible in advance of the date the equipment becomes excess, so
that GSA may attempt to arrange direct transfers from
the donating agency to recipients eligible under this
order.
(d) In transfers made pursuant to paragraph (c)(1) of
this section, title shall transfer directly from the agency to the schools or nonprofit organizations as required
by 15 U.S.C. 3710(i). All such transfers shall be reported
to the GSA. At the direction of the recipient institution or organization, and if appropriate, transferred
equipment may be conveyed initially to a nonprofit
reuse or recycling program that will upgrade it before
transfer to the school or nonprofit organization holding
title.
(e) All transfers to schools or nonprofit organizations, whether made directly or through GSA, shall be
made at the lowest cost to the school or nonprofit organization permitted by law.
(f) The availability of educationally useful Federal
equipment shall be made known to eligible recipients
under this order by all practicable means, including
newspaper, community announcements, and the Internet.
(g) The regional Federal Executive Boards shall help
facilitate the transfer of educationally useful Federal
equipment from the agencies they represent to recipients eligible under this order.
SEC. 3. Assisting Teachers’ Professional Development:
Connecting Classrooms. (a) Each agency that has employees who have computer expertise shall, to the extent permitted by law and in accordance with the
guidelines of the Office of Personnel Management, encourage those employees to:
(1) help connect America’s classrooms to the National
Information Infrastructure;
(2) assist teachers in learning to use computers to
teach; and
(3) provide ongoing maintenance of and technical support for the educationally useful Federal equipment
transferred pursuant to this order.
(b) Each agency described in subsection (a) shall submit to the Office of Science and Technology Policy,
within 6 months of the date of this order, an implementation plan to advance the developments described in
this order, particularly those required in this section.
The plan shall be consistent with approved agency
budget totals and shall be coordinated through the Office of Science and Technology Policy.
(c) Nothing in this order shall be interpreted to bar
a recipient of educationally useful Federal equipment
from lending that equipment, whether on a permanent
or temporary basis, to a teacher, administrator, student, employee, or other designated person in furtherance of educational goals.
SEC. 4. Definitions. For the purposes of this order: (a)
‘‘Schools’’ means individual public or private education
institutions encompassing prekindergarten through
twelfth grade, as well as public school districts.
(b) ‘‘Community-based educational organizations’’
means nonprofit entities that are engaged in collaborative projects with schools or that have education as
their primary focus. Such organizations shall qualify as
nonprofit educational institutions or organizations for
purposes of section 203(j) of the Federal Property and
Administrative Services Act of 1949, as amended [now
40 U.S.C. 549].
(c) ‘‘Educationally useful Federal equipment’’ means
computers and related peripheral tools (e.g., printers,
modems, routers, and servers), including telecommunications and research equipment, that are appropriate
for use in prekindergarten, elementary, middle, or secondary school education. It shall also include computer
software, where the transfer of licenses is permitted.
(d) ‘‘Nonprofit reuse or recycling program’’ means a
501(c) organization able to upgrade computer equipment at no or low cost to the school or nonprofit organization taking title to it.

§ 550

(e) ‘‘Federal Executive Boards,’’ as defined in 5 C.F.R.
Part 960, are regional organizations of each Federal
agency’s highest local officials.
SEC. 5. This order shall supersede Executive Order No.
12821 of November 16, 1992.
SEC. 6. Judicial Review. This order is not intended, and
should not be construed, to create any right or benefit,
substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or its employees.
WILLIAM J. CLINTON.

§ 550. Disposal of real property for certain purposes
(a) DEFINITION.—In this section, the term
‘‘State’’ includes the District of Columbia, Puerto Rico, and the territories and possessions of
the United States.
(b) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROPERTY UNDER THIS
SECTION.—
(1) IN GENERAL.—Subject to disapproval by
the Administrator of General Services within
30 days after notice of a proposed action to be
taken under this section, except for personal
property transferred pursuant to section 549 of
this title, the official specified in paragraph (2)
shall determine and enforce compliance with
the terms, conditions, reservations, and restrictions contained in an instrument by
which a transfer under this section is made.
The official shall reform, correct, or amend
the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The official shall grant a
release from any term, condition, reservation
or restriction contained in the instrument,
and shall convey, quitclaim, or release to the
transferee (or other eligible user) any right or
interest reserved to the Federal Government
by the instrument, if the official determines
that the property no longer serves the purpose
for which it was transferred or that a release,
conveyance, or quitclaim deed will not prevent
accomplishment of that purpose. The release,
conveyance, or quitclaim deed may be made
subject to terms and conditions that the official considers necessary to protect or advance
the interests of the Government.
(2) SPECIFIED OFFICIAL.—The official referred
to in paragraph (1) is—
(A) the Secretary of Education, for property transferred under subsection (c) for
school, classroom, or other educational use;
(B) the Secretary of Health and Human
Services, for property transferred under subsection (d) for use in the protection of public
health, including research;
(C) the Secretary of the Interior, for property transferred under subsection (e) for
public park or recreation area use;
(D) the Secretary of Housing and Urban
Development, for property transferred under
subsection (f) to provide housing or housing
assistance for low-income individuals or
families; and
(E) the Secretary of the Interior, for property transferred under subsection (h) for use
as a historic monument for the benefit of
the public.
(c) PROPERTY FOR SCHOOL, CLASSROOM, OR
OTHER EDUCATIONAL USE.—

§ 550

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

(1) ASSIGNMENT.—The Administrator, in the
Administrator’s discretion and under regulations that the Administrator may prescribe,
may assign to the Secretary of Education for
disposal surplus real property, including buildings, fixtures, and equipment situated on the
property, that the Secretary recommends as
needed for school, classroom, or other educational use.
(2) SALE OR LEASE.—Subject to disapproval
by the Administrator within 30 days after notice to the Administrator by the Secretary of
Education of a proposed transfer, the Secretary, for school, classroom, or other educational use, may sell or lease property assigned to the Secretary under paragraph (1) to
a State, a political subdivision or instrumentality of a State, a tax-supported educational
institution, or a nonprofit educational institution that has been held exempt from taxation
under section 501(c)(3) of the Internal Revenue
Code of 1986 (26 U.S.C. 501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease
value of property disposed of under paragraph
(2), the Secretary of Education shall take into
consideration any benefit which has accrued
or may accrue to the Government from the use
of the property by the State, political subdivision or instrumentality, or institution.
(d) PROPERTY FOR USE IN THE PROTECTION OF
PUBLIC HEALTH, INCLUDING RESEARCH.—
(1) ASSIGNMENT.—The Administrator, in the
Administrator’s discretion and under regulations that the Administrator may prescribe,
may assign to the Secretary of Health and
Human Services for disposal surplus real property, including buildings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for use in the
protection of public health, including research.
(2) SALE OR LEASE.—Subject to disapproval
by the Administrator within 30 days after notice to the Administrator by the Secretary of
Health and Human Services of a proposed
transfer, the Secretary, for use in the protection of public health, including research, may
sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State,
a tax-supported medical institution, or a hospital or similar institution not operated for
profit that has been held exempt from taxation under section 501(c)(3) of the Internal
Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(3) FIXING VALUE.—In fixing the sale or lease
value of property disposed of under paragraph
(2), the Secretary of Health and Human Services shall take into consideration any benefit
which has accrued or may accrue to the Government from the use of the property by the
State, political subdivision or instrumentality, or institution.
(e) PROPERTY FOR USE AS A PUBLIC PARK OR
RECREATION AREA.—
(1) ASSIGNMENT.—The Administrator, in the
Administrator’s discretion and under regulations that the Administrator may prescribe,
may assign to the Secretary of the Interior for
disposal surplus real property, including build-

Page 50

ings, fixtures, and equipment situated on the
property, that the Secretary recommends as
needed for use as a public park or recreation
area.
(2) SALE OR LEASE.—Subject to disapproval
by the Administrator within 30 days after notice to the Administrator by the Secretary of
the Interior of a proposed transfer, the Secretary, for public park or recreation area use,
may sell or lease property assigned to the Secretary under paragraph (1) to a State, a political subdivision or instrumentality of a State,
or a municipality.
(3) FIXING VALUE.—In fixing the sale or lease
value of property disposed of under paragraph
(2), the Secretary of the Interior shall take
into consideration any benefit which has accrued or may accrue to the Government from
the use of the property by the State, political
subdivision or instrumentality, or municipality.
(4) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real property disposed
of under this subsection—
(A) shall provide that all of the property
be used and maintained for the purpose for
which it was conveyed in perpetuity, and
that if the property ceases to be used or
maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(B) may contain additional terms, reservations, restrictions, and conditions the Secretary of the Interior determines are necessary to safeguard the interests of the Government.
(f) PROPERTY FOR LOW INCOME HOUSING ASSISTANCE.—
(1) ASSIGNMENT.—The Administrator, in the
Administrator’s discretion and under regulations that the Administrator may prescribe,
may assign to the Secretary of Housing and
Urban Development for disposal surplus real
property, including buildings, fixtures, and
equipment situated on the property, that the
Secretary recommends as needed to provide
housing or housing assistance for low-income
individuals or families.
(2) SALE OR LEASE.—Subject to disapproval
by the Administrator within 30 days after notice to the Administrator by the Secretary of
Housing and Urban Development of a proposed
transfer, the Secretary, to provide housing or
housing assistance for low-income individuals
or families, may sell or lease property assigned to the Secretary under paragraph (1) to
a State, a political subdivision or instrumentality of a State, or a nonprofit organization
that exists for the primary purpose of providing housing or housing assistance for lowincome individuals or families.
(3) SELF-HELP HOUSING.—
(A) IN GENERAL.—The Administrator shall
disapprove a proposed transfer of property
under this subsection unless the Administrator determines that the property will be
used for low-income housing opportunities
through the construction, rehabilitation, or
refurbishment of self-help housing, under
terms requiring that—

Page 51

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

(i) subject to subparagraph (B), an individual or family receiving housing or housing assistance through use of the property
shall contribute a significant amount of
labor toward the construction, rehabilitation, or refurbishment; and
(ii) dwellings constructed, rehabilitated,
or refurbished through use of the property
shall be quality dwellings that comply
with local building and safety codes and
standards and shall be available at prices
below prevailing market prices.
(B) GUIDELINES FOR CONSIDERING DISABILITIES.—For purposes of fulfilling self-help requirements under paragraph (3)(A)(i), the
Administrator shall ensure that nonprofit
organizations receiving property under paragraph (2) develop and use guidelines to consider any disability (as defined in section
3(2) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12102(2)).
(4) FIXING VALUE.—
(A) IN GENERAL.—In fixing the sale or lease
value of property disposed of under paragraph (2), the Secretary of Housing and
Urban Development shall take into consideration and discount the value for any benefit
which has accrued or may accrue to the Government from the use of the property by the
State, political subdivision or instrumentality, or nonprofit organization.
(B) AMOUNT OF DISCOUNT.—The amount of
the discount under subparagraph (A) is 75
percent of the market value of the property,
except that the Secretary of Housing and
Urban Development may discount by a
greater percentage if the Secretary, in consultation with the Administrator, determines that a higher percentage is justified.
(g) PROPERTY FOR NATIONAL SERVICE ACTIVITIES.—

(1) ASSIGNMENT.—The Administrator, in the
Administrator’s discretion and under regulations that the Administrator may prescribe,
may assign to the Chief Executive Officer of
the Corporation for National and Community
Service for disposal surplus property that the
Chief Executive Officer recommends as needed
for national service activities.
(2) SALE, LEASE, OR DONATION.—Subject to
disapproval by the Administrator within 30
days after notice to the Administrator by the
Chief Executive Officer of a proposed transfer,
the Chief Executive Officer, for national service activities, may sell, lease, or donate property assigned to the Chief Executive Officer
under paragraph (1) to an entity that receives
financial assistance under the National and
Community Service Act of 1990 (42 U.S.C. 12501
et seq.).
(3) FIXING VALUE.—In fixing the sale or lease
value of property disposed of under paragraph
(2), the Chief Executive Officer shall take into
consideration any benefit which has accrued
or may accrue to the Government from the use
of the property by the entity receiving the
property.
(h) PROPERTY FOR
MENT.—

USE AS A HISTORIC MONU-

§ 550

(1) CONVEYANCE.—
(A) IN GENERAL.—Without monetary consideration to the Government, the Administrator may convey to a State, a political
subdivision or instrumentality of a State, or
a municipality, the right, title, and interest
of the Government in and to any surplus real
and related personal property that the Secretary of the Interior determines is suitable
and desirable for use as a historic monument
for the benefit of the public.
(B) RECOMMENDATION BY NATIONAL PARK
SYSTEM ADVISORY BOARD.—Property may be
determined to be suitable and desirable for
use as a historic monument only in conformity with a recommendation by the National Park System Advisory Board established under section 102303 of title 54. Only
the portion of the property that is necessary
for the preservation and proper observation
of the property’s historic features may be
determined to be suitable and desirable for
use as a historic monument.
(2) REVENUE-PRODUCING ACTIVITY.—
(A) IN GENERAL.—The Administrator may
authorize use of any property conveyed
under this subsection for revenue-producing
activities if the Secretary of the Interior—
(i) determines that the activities are
compatible with use of the property for
historic monument purposes;
(ii) approves the grantee’s plan for repair, rehabilitation, restoration, and maintenance of the property;
(iii) approves the grantee’s plan for financing the repair, rehabilitation, restoration, and maintenance of the property; and
(iv) examines and approves the accounting and financial procedures used by the
grantee.
(B) USE OF EXCESS INCOME.—The Secretary
of the Interior may approve a grantee’s financial plan only if the plan provides that
the grantee shall use income exceeding the
cost of repair, rehabilitation, restoration,
and maintenance only for public historic
preservation, park, or recreational purposes.
(C) AUDITS.—The Secretary of the Interior
may periodically audit the records of the
grantee that are directly related to the property conveyed.
(3) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real property disposed
of under this subsection—
(A) shall provide that all of the property
be used and maintained for historical monument purposes in perpetuity, and that if the
property ceases to be used or maintained for
historical monument purposes, all or any
portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(B) may contain additional terms, reservations, restrictions, and conditions the Administrator determines are necessary to
safeguard the interests of the Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1094; Pub.
L. 113–287, § 5(j)(2), Dec. 19, 2014, 128 Stat. 3269.)

§ 551

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
Editorial Notes

HISTORICAL AND REVISION NOTES
Revised
Section
550(a) .........

550(b) .........
550(c) .........

550(d) .........

550(e) .........
550(f) ..........
550(g) .........
550(h) .........

Source (U.S. Code)
40:484(k)(1)(D).

REFERENCES IN TEXT

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(k), 63 Stat. 387;
July 12, 1952, ch. 703, § 1(j),
66 Stat. 593; June 3, 1955,
ch. 130, § 6(a), (c), 69 Stat.
84, 85; July 3, 1956, ch. 513,
§ 2, 70 Stat. 494; Pub. L.
91–485, § 2, Oct. 22, 1970, 84
Stat. 1084; Pub. L. 92–362,
§ 1, Aug. 4, 1972, 86 Stat.
503; Pub. L. 94–519, § 1(2),
Oct. 17, 1976, 90 Stat. 2453;
Pub. L. 103–82, title II,
§ 202(f), Sept. 21, 1993, 107
Stat. 888; Pub. L. 105–50,
§ 2, Oct. 6, 1997, 111 Stat.
1167.

40:484(k)(4).
40:484(k)(1) (matter
before (A) related
to education), (A),
(C) (related to
education).
40:484(k)(1) (matter
before (A) related
to public health),
(B), (C) (related to
public health).
40:484(k)(2).
40:484(k)(6).
40:484(k)(5).
40:484(k)(3).

In subsections (b)(2), (c), and (d), the words ‘‘Secretary of Education’’ and ‘‘Secretary of Health and
Human Services’’ are substituted for ‘‘Secretary of
Health, Education, and Welfare’’, as appropriate, because of sections 301(a)(2)(P) and (b), 507, and 509(b) of
the Department of Education Organization Act
(20:3441(a)(2)(P) and (b), 3507, and 3508(b)).
In subsection (b)(2), the words ‘‘the Surplus Property
Act of 1944, as amended’’, and the text of 40:484(k)(4)(D),
are omitted because the relevant provisions of the Surplus Property Act of 1944 (50 App.:1611 et seq.) have been
repealed.
In subsection (e), the definition of ‘‘States’’ is omitted as unnecessary because of 40:484(k)(1)(D), restated
in subsection (a).
In subsection (e)(4), the words ‘‘this subsection’’ are
used to reflect the probable intent of Congress. In
40:484(k)(2)(C), the words ‘‘this subsection’’ should probably be ‘‘this paragraph’’, meaning 40:484(k)(2). In the
revised section, the reference to 40:484(k)(2) is translated as ‘‘this subsection’’ to reflect the restatement of
40:484(k)(2) as subsection (e) of the revised section.
In subsection (h), the definition of ‘‘States’’, is omitted as unnecessary because of 40:484(k)(1)(D), restated
in subsection (a).
In subsection (h)(1)(B), the words ‘‘National Park
System Advisory Board’’ are substituted for ‘‘Advisory
Board on National Parks, Historic Sites, Buildings and
Monuments’’ because of the amendment of 16:463 by
section 9 of the Act of August 18, 1970 (Public Law
91–383), as added by section 2 of the Act of October 7,
1976 (Public Law 94–458, 90 Stat. 1940).
In subsection (h)(2)(A), the words ‘‘this subsection’’
are used to reflect the probable intent of Congress. In
40:484(k)(3)(A), the words ‘‘this subsection’’ should probably be ‘‘this paragraph’’, meaning 40:484(k)(3). In the
revised section, the reference to 40:484(k)(3) is translated as ‘‘this subsection’’ to reflect the restatement of
40:484(k)(3) as subsection (h) of the revised section. The
words ‘‘or the Surplus Property Act of 1944, as amended’’ are omitted because the relevant provisions of the
Surplus Property Act of 1944 (50 App.:1611 et seq.) have
been repealed.
In subsection (h)(3), the words ‘‘this subsection’’ are
used to reflect the probable intent of Congress. In
40:484(k)(3)(B), the words ‘‘this subsection’’ should probably be ‘‘this paragraph’’, meaning 40:484(k)(3). In the
revised section, the reference to 40:484(k)(3) is translated as ‘‘this subsection’’ to reflect the restatement of
40:484(k)(3) as subsection (h) of the revised section.

Page 52

The National and Community Service Act of 1990, referred to in subsec.(g)(2), is Pub. L. 101–610, Nov. 16,
1990, 104 Stat. 3127, as amended, which is classified principally to chapter 129 (§ 12501 et seq.) of Title 42, The
Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out
under section 12501 of Title 42 and Tables.
AMENDMENTS
2014—Subsec. (h)(1)(B). Pub. L. 113–287, § 5(j)(2), substituted ‘‘section 102303 of title 54’’ for ‘‘section 3 of the
Act of August 21, 1935 (16 U.S.C. 463) (known as the Historic Sites, Buildings, and Antiquities Act)’’.

§ 551. Donations to American Red Cross
The Administrator of General Services, in the
Administrator’s discretion and under regulations that the Administrator may prescribe,
may donate to the American National Red Cross
for charitable purposes property that the American National Red Cross processed, produced, or
donated and that has been determined to be surplus property.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099.)
HISTORICAL AND REVISION NOTES
Revised
Section
551 .............

Source (U.S. Code)
40:484(l).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(l), as added Aug. 1,
1955, ch. 442, 69 Stat. 430.

§ 552. Abandoned or unclaimed property on Government premises
(a) AUTHORITY TO TAKE PROPERTY.—The Administrator of General Services may take possession of abandoned or unclaimed property on
premises owned or leased by the Federal Government and determine when title to the property
vests in the Government. The Administrator
may use, transfer, or otherwise dispose of the
property.
(b) CLAIM FILED BY FORMER OWNER.—If a
former owner files a proper claim within three
years from the date that title to the property
vests in the Government, the former owner shall
be paid an amount—
(1) equal to the proceeds realized from the
disposition of the property less costs incident
to care and handling as determined by the Administrator; or
(2) if the property has been used or transferred, equal to the fair value of the property
as of the time title vested in the Government
less costs incident to care and handling as determined by the Administrator.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub.
L. 109–284, § 6(3), Sept. 27, 2006, 120 Stat. 1212.)
HISTORICAL AND REVISION NOTES
Revised
Section
552 .............

Source (U.S. Code)
40:484(m).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II,
§ 203(m),
formerly
§ 203(l), 63 Stat. 388; redesignated § 203(m), Aug. 1,
1955, ch. 442, 69 Stat. 430.

Page 53

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS
Editorial Notes
AMENDMENTS

2006—Subsec. (a). Pub. L. 109–284 substituted ‘‘(a) AUTHORITY TO TAKE PROPERTY.—The Administrator’’ for
‘‘(a) AUTHORITY TO TAKE PROPERTY Administrator’’.

§ 553. Property for correctional facility, law enforcement, and emergency management response purposes
(a) DEFINITION.—In this section, the term
‘‘State’’ includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the
Marshall Islands, Palau, and, the Northern Mariana Islands.
(b) AUTHORITY TO TRANSFER PROPERTY.—The
Administrator of General Services, in the Administrator’s discretion and under regulations
that the Administrator may prescribe, may
transfer or convey to a State, or political subdivision or instrumentality of a State, surplus
real and related personal property that—
(1) the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved
by the Attorney General for the care or rehabilitation of criminal offenders;
(2) the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or
(3) the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.
(c) NO MONETARY CONSIDERATION.—A transfer
or conveyance under this section shall be made
without monetary consideration to the Federal
Government.
(d) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real and related personal
property disposed of under this section—
(1) shall provide that all of the property be
used and maintained for the purpose for which
it was conveyed in perpetuity, and that if the
property ceases to be used or maintained for
that purpose, all or any portion of the property shall, in its then existing condition, at
the option of the Government, revert to the
Government; and
(2) may contain additional terms, reservations, restrictions, and conditions that the Administrator determines are necessary to safeguard the interests of the Government.
(e) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROPERTY UNDER THIS
SECTION.—The Administrator shall determine
and enforce compliance with the terms, conditions, reservations, and restrictions contained
in an instrument by which a transfer or conveyance under this section is made. The Administrator shall reform, correct, or amend the instrument if necessary to correct the instrument
or to conform the transfer to the requirements
of law. The Administrator shall grant a release
from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or
other eligible user) any right or interest re-

§ 553

served to the Government by the instrument, if
the Administrator determines that the property
no longer serves the purpose for which it was
transferred or that a release, conveyance, or
quitclaim deed will not prevent accomplishment
of that purpose. The release, conveyance, or
quitclaim deed may be made subject to terms
and conditions that the Administrator considers
necessary to protect or advance the interests of
the Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099; Pub.
L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat.
1410.)
HISTORICAL AND REVISION NOTES
Revised
Section
553 .............

Source (U.S. Code)
40:484(p).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(p), as added Pub.
L. 98–473, title II, § 701,
Oct. 12, 1984, 98 Stat. 2129;
Pub. L. 105–119, title I,
§ 118, Nov. 26, 1997, 111
Stat. 2468; Pub. L. 106–113,
§ 1000(a)(5) [§ 233(a)], Nov.
29,
1999,
113
Stat.
1501A–301; Pub. L. 106–168,
title III, § 301, Dec. 12,
1999, 113 Stat. 1821; Pub. L.
106–398, § 1 [§ 2814], Oct. 30,
2000, 114 Stat. 1654A–419.

In subsection (a), the words ‘‘Trust Territory of the
Pacific Islands’’ are omitted and the words ‘‘the Federated States of Micronesia, the Marshall Islands,
Palau’’ are added because of the termination of the
Trust Territory of the Pacific Islands. See 48:1681 note
prec.
In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is omitted as executed and obsolete.
Editorial Notes
REFERENCES IN TEXT
The ‘‘Administrator’’, referred to in subsecs. (d)(2)
and (e), is the Administrator of General Services.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
‘‘Administrator of the Federal Emergency Management Agency’’ substituted for ‘‘Director of the Federal
Emergency Management Agency’’ in subsec. (b)(3) on
authority of section 612(c) of Pub. L. 109–295, set out as
a note under section 313 of Title 6, Domestic Security.
Any reference to the Administrator of the Federal
Emergency Management Agency in title VI of Pub. L.
109–295 or an amendment by title VI to be considered to
refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under
section 313 of Title 6.
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
For transfer of functions, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto,
to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and
sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reor-

§ 554

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

ganization Plan of November 25, 2002, as modified, set
out as a note under section 542 of Title 6.

§ 554. Property for development or operation of a
port facility
(a) DEFINITIONS.—In this section, the following
definitions apply:
(1) BASE CLOSURE LAW.—The term ‘‘base closure law’’ has the meaning given that term in
section 101(a)(17) of title 10.
(2) STATE.—The term ‘‘State’’ includes the
District of Columbia, Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.
(b) AUTHORITY FOR ASSIGNMENT TO THE SECRETARY OF TRANSPORTATION.—Under regulations
that the Administrator of General Services,
after consultation with the Secretary of Defense, may prescribe, the Administrator, or the
Secretary of Defense in the case of property located at a military installation closed or realigned pursuant to a base closure law, may assign to the Secretary of Transportation for disposal surplus real property, including buildings,
fixtures, and equipment situated on the property, that the Secretary of Transportation recommends as needed for the development or operation of a port facility.
(c) AUTHORITY FOR CONVEYANCE BY THE SECRETARY OF TRANSPORTATION.—
(1) IN GENERAL.—Subject to disapproval by
the Administrator or the Secretary of Defense
within 30 days after notice of a proposed conveyance by the Secretary of Transportation,
the Secretary of Transportation, for the development or operation of a port facility, may
convey property assigned to the Secretary of
Transportation under subsection (b) to a State
or political subdivision, municipality, or instrumentality of a State.
(2) CONVEYANCE REQUIREMENTS.—A transfer
of property may be made under this section
only after the Secretary of Transportation
has—
(A) determined, after consultation with
the Secretary of Labor, that the property to
be conveyed is located in an area of serious
economic disruption;
(B) received and, after consultation with
the Secretary of Commerce, approved an
economic development plan submitted by an
eligible grantee and based on assured use of
the property to be conveyed as part of a necessary economic development program; and
(C) transmitted to Congress an explanatory statement that contains information
substantially similar to the information
contained in statements prepared under section 545(e) of this title.
(d) NO MONETARY CONSIDERATION.—A conveyance under this section shall be made without
monetary consideration to the Federal Government.
(e) DEED OF CONVEYANCE.—The deed of conveyance of any surplus real and related personal
property disposed of under this section shall—
(1) provide that all of the property be used
and maintained for the purpose for which it

Page 54

was conveyed in perpetuity, and that if the
property ceases to be used or maintained for
that purpose, all or any portion of the property shall, in its then existing condition, at
the option of the Government, revert to the
Government; and
(2) contain additional terms, reservations,
restrictions, and conditions that the Secretary
of Transportation shall by regulation require
to ensure use of the property for the purposes
for which it was conveyed and to safeguard the
interests of the Government.
(f) ENFORCEMENT AND REVISION OF INSTRUMENTS TRANSFERRING PROPERTY UNDER THIS
SECTION.—The Secretary of Transportation shall
determine and enforce compliance with the
terms, conditions, reservations, and restrictions
contained in an instrument by which a transfer
or conveyance under this section is made. The
Secretary shall reform, correct, or amend the
instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Secretary shall grant a release from any term, condition, reservation or
restriction contained in the instrument, and
shall convey, quitclaim, or release to the grantee any right or interest reserved to the Government by the instrument, if the Secretary determines that the property no longer serves the
purpose for which it was transferred or that a
release, conveyance, or quitclaim deed will not
prevent accomplishment of that purpose. The release, conveyance, or quitclaim deed may be
made subject to terms and conditions that the
Secretary considers necessary to protect or advance the interests of the Government.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1100; Pub.
L. 109–163, div. A, title X, § 1056(a)(5)(A), Jan. 6,
2006, 119 Stat. 3439; Pub. L. 109–284, § 6(4), Sept.
27, 2006, 120 Stat. 1212.)
HISTORICAL AND REVISION NOTES
Revised
Section
554 .............

Source (U.S. Code)
40:484(q).

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(q), as added Pub.
L. 103–160, div. B, title
XXIX, § 2927(2), Nov. 30,
1993, 107 Stat. 1933.

In subsection (a), the words ‘‘Trust Territory of the
Pacific Islands’’ are omitted and the words ‘‘the Federated States of Micronesia, the Marshall Islands,
Palau’’ are added because of the termination of the
Trust Territory of the Pacific Islands. See 48:1681 note
prec.
Editorial Notes
AMENDMENTS
2006—Subsec. (a)(1). Pub. L. 109–163 substituted ‘‘has
the meaning given that term in section 101(a)(17) of
title 10.’’ for ‘‘means the following:
‘‘(A) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public
Law 100–526; 10 U.S.C. 2687 note).
‘‘(B) The Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law
101–510; 10 U.S.C. 2687 note).
‘‘(C) Section 2687 of title 10.’’
Subsec. (c). Pub. L. 109–284 substituted ‘‘TRANSPORTATION.—’’ for ‘‘TRANSPORTATION.’’ in heading.

Page 55

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

§ 555. Donation of law enforcement canines to
handlers
The head of a federal agency having control of
a canine that has been used by a federal agency
in the performance of law enforcement duties
and that has been determined by the agency to
be no longer needed for official purposes may donate the canine to an individual who has experience handling canines in the performance of
those duties.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
HISTORICAL AND REVISION NOTES
Revised
Section
555 .............

Source (U.S. Code)
40:484(r).

§ 556. Disposal of dredge vessels
(a) IN GENERAL.—The Administrator of General Services, pursuant to sections 521 through
527, 529, and 549 of this title, may dispose of a
United States Army Corps of Engineers vessel
used for dredging, together with related equipment owned by the Federal Government and
under the control of the Chief of Engineers, if
the Secretary of the Army declares the vessel to
be in excess of federal needs.
(b) RECIPIENTS AND PURPOSES.—Disposal under
this section is accomplished—
(1) through sale or lease to—
(A) a foreign government as part of a Corps
of Engineers technical assistance program;
(B) a federal or state maritime academy
for training purposes; or
(C) a non-federal public body for scientific,
educational, or cultural purposes; or
(2) through sale solely for scrap to foreign or
domestic interests.
(c) NO DREDGING ACTIVITIES.—A vessel described in subsection (a) shall not be disposed of
under any law for the purpose of engaging in
dredging activities within the United States.
OF
AMOUNTS
COLLECTED.—
(d)
DEPOSIT
Amounts collected from the sale or lease of a
vessel or equipment under this section shall be
deposited into the revolving fund authorized by
section 101 (9th par.) of the Civil Functions Appropriation 1 Act, 1954 (33 U.S.C. 576), to be available, as provided in appropriation laws, for the
operation and maintenance of vessels under the
control of the Corps of Engineers.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)
HISTORICAL AND REVISION NOTES
Revised
Section
556 .............

Source (U.S. Code)
40:483d.

In subsection (d), the words ‘‘U.S. Army Corps of Engineers’’ are substituted for ‘‘Corps of Engineers’’ for
clarity.

§ 557. Donation of books to Free Public Library
Subject to regulations under this subtitle, a
book that is no longer needed by an executive
department, bureau, or commission of the Federal Government, and that is not an advisable
addition to the Library of Congress, shall be
turned over to the Free Public Library of the
District of Columbia for general use if the book
is appropriate for the Free Public Library.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1102.)

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 203(r), as added Pub.
L. 105–27, § 1, July 18, 1997,
111 Stat. 244.

Source (Statutes at Large)
Pub. L. 99–662, title IX, § 945,
Nov. 17, 1986, 100 Stat.
4200.

In subsection (a), the words ‘‘U.S. Army Corps of Engineers’’ are substituted for ‘‘Corps of Engineers’’ for
clarity. The words ‘‘Secretary of the Army’’ are substituted for ‘‘Secretary’’ because of section 2 of the
Water Resources Development Act of 1986 (33:2201).
1 So in original. Probably should be ‘‘Appropriations’’.

§ 558

HISTORICAL AND REVISION NOTES
Revised
Section
557 .............

Source (U.S. Code)
40:484–1.

Source (Statutes at Large)
Feb. 25, 1903, ch. 755, § 1 (7th
par. on p. 865), 32 Stat. 865;
Oct. 31, 1951, ch. 654, § 2(1),
65 Stat. 706.

§ 558. Donation of forfeited vessels
(a) IN GENERAL.—A vessel that is forfeited to
the Federal Government may be donated, in accordance with procedures under this subtitle, to
an eligible institution described in subsection
(b).
(b) ELIGIBLE INSTITUTION.—An eligible institution referred to in subsection (a) is an educational institution with a commercial fishing
vessel safety program or other vessel safety,
education and training program. The institution
must certify to the federal officer making the
donation that the program includes, at a minimum, all of the following courses in vessel safety:
(1) Vessel stability.
(2) Firefighting.
(3) Shipboard first aid.
(4) Marine safety and survival.
(5) Seamanship rules of the road.
(c) TERMS AND CONDITIONS.—The donation of a
vessel under this section shall be made on terms
and conditions considered appropriate by the
federal officer making the donation. All of the
following terms and conditions are required:
(1) NO WARRANTY.—The institution must accept the vessel as is, where it is, and without
warranty of any kind and without any representation as to its condition or suitability
for use.
(2) MAINTENANCE.—The institution is responsible for maintaining the vessel.
(3) INSTRUCTION ONLY.—The vessel may be
used only for instructing students in a vessel
safety education and training program.
(4) DOCUMENTATION.—If the vessel is eligible
to be documented, it must be documented by
the institution as a vessel of the United States
under chapter 121 of title 46. The requirements
of paragraph (5) must be noted on the permanent record of the vessel.
(5) DISPOSAL.—The institution must obtain
prior approval from the Administrator of General Services before disposing of the vessel and
any proceeds from disposal shall be payable to
the Government.
(6) INSPECTION OR REGULATION.—The vessel
shall be inspected or regulated in the same

§ 559

TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS

manner as a nautical school vessel under chapter 33 of title 46.
(d) GOVERNMENT LIABILITY.—The Government
is not liable in an action arising out of the
transfer or use of a vessel transferred under this
section.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)
HISTORICAL AND REVISION NOTES
Revised
Section
558 .............

Source (U.S. Code)
40:484d.

Source (Statutes at Large)
Pub. L. 99–640, § 13(a)–(c),
Nov. 10, 1986, 100 Stat.
3551.

In subsection (b), the words ‘‘all of’’ are inserted for
clarity.

§ 559. Advice of Attorney General with respect to
antitrust law

Page 56

(1) give advice required by this section; or
(2) determine whether any other disposition
or proposed disposition of surplus property
violates antitrust law.
(f) NO EFFECT ON ANTITRUST LAW.—This subtitle does not impair, amend, or modify antitrust law or limit or prevent application of antitrust law to a person acquiring property under
this subtitle.
(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1103.)
HISTORICAL AND REVISION NOTES
Revised
Section
559 .............

Source (U.S. Code)
40:488.

Source (Statutes at Large)
June 30, 1949, ch. 288, title
II, § 207, 63 Stat. 391; Pub.
L. 85–680, Aug. 19, 1958, 72
Stat. 631; Pub. L. 100–612,
§ 7, Nov. 5, 1988, 102 Stat.
3182.

(a) DEFINITION.—In this section, the term
‘‘antitrust law’’ includes—
(1) the Sherman Act (15 U.S.C. 1 et seq.);
(2) the Clayton Act (15 U.S.C. 12 et seq., 29
U.S.C. 52, 53);
(3) the Federal Trade Commission Act (15
U.S.C. 41 et seq.); and
(4) sections 73 and 74 of the Wilson Tariff Act
(15 U.S.C. 8, 9).

In subsection (e), the words ‘‘the head of an executive
agency’’ are substituted for ‘‘the Administrator or any
other executive agency’’, the words ‘‘or cause to be furnished’’ are omitted, and the words ‘‘information the
agency possesses’’ are substituted for ‘‘such information as the Administrator or such other executive agency may possess’’, to eliminate unnecessary words.

(b) ADVICE REQUIRED.—
(1) IN GENERAL.—An executive agency shall
not dispose of property to a private interest
until the agency has received the advice of the
Attorney General on whether the disposal to a
private interest would tend to create or maintain a situation inconsistent with antitrust
law.
(2) EXCEPTION.—This section does not apply
to disposal of—
(A) real property, if the estimated fair
market value is less than $3,000,000; or
(B) personal property (other than a patent,
process, technique, or invention), if the estimated fair market value is less than
$3,000,000.

REFERENCES IN TEXT

(c) NOTICE TO ATTORNEY GENERAL.—
(1) IN GENERAL.—An executive agency that
contemplates disposing of property to a private interest shall promptly transmit notice
of the proposed disposal, including probable
terms and conditions, to the Attorney General.
(2) COPY.—Except for the General Services
Administration, an executive agency that
transmits notice under paragraph (1) shall simultaneously transmit a copy of the notice to
the Administrator of General Services.
(d) ADVICE FROM ATTORNEY GENERAL.—Within
a reasonable time, not later than 60 days, after
receipt of notice under subsection (c), the Attorney General shall advise the Administrator and
any interested executive agency whether, so far
as the Attorney General can determine, the proposed disposition would tend to create or maintain a situation inconsistent with antitrust law.
(e) REQUEST FOR INFORMATION.—On request
from the Attorney General, the head of an executive agency shall furnish information the agency possesses that the Attorney General determines is appropriate or necessary to—

Editorial Notes

The Sherman Act, referred to in subsec. (a)(1), is act
July 2, 1890, ch. 647, 26 Stat. 209, as amended, which is
classified to sections 1 to 7 of Title 15, Commerce and
Trade. For complete classification of this Act to the
Code, see Short Title note set out under section 1 of
Title 15 and Tables.
The Clayton Act, referred to in subsec. (a)(2), is act
Oct. 15, 1914, ch. 323, 38 Stat. 730, as amended, which is
classified generally to sections 12, 13, 14 to 19, 21, 22 to
27 of Title 15, Commerce and Trade, and sections 52 and
53 of Title 29, Labor. For further details and complete
classification of this Act to the Code, see note set out
under section 12 of Title 15 and Tables.
The Federal Trade Commission Act, referred to in
subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 717,
as amended, which is classified generally to subchapter
I (§ 41 et seq.) of chapter 2 of Title 15, Commerce and
Trade. For complete classification of this Act to the
Code, see section 58 of Title 15 and Tables.

SUBCHAPTER IV—PROCEEDS FROM SALE
OR TRANSFER
§ 571. General rules for deposit and use of proceeds
(a) DEPOSIT IN TREASURY AS MISCELLANEOUS
RECEIPTS.—
(1) IN GENERAL.—Except as otherwise provided in this subchapter, proceeds described in
paragraph (2) shall be deposited in the Treasury as miscellaneous receipts.
(2) PROCEEDS.—The proceeds referred to in
paragraph (1) are proceeds under this chapter
from a—
(A) transfer of excess property to a federal
agency for agency use; or
(B) sale, lease, or other disposition of surplus property.
(b) PAYMENT OF EXPENSES OF SALE BEFORE DEPOSIT.—Subject to regulations under this subtitle, the expenses of the sale of old material,
condemned stores, supplies, or other public