40 U.S.C. § 550 — Disposal of real property for certain pur-

Page 54 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 550 (15) STATE AGENCY FOR SURPLUS PROPERTY.— The term ‘‘State agency for surplus property’’ has the meaning given the term ‘‘state agen- cy’’ under section 549(a). (16) STUDENT.—The term ‘‘student’’ means any individual enrolled in an educational in- stitution, but not a public or private child care center. (17) SURPLUS COMPUTER OR TECHNOLOGY EQUIPMENT.—The term ‘‘surplus computer or technology equipment’’ means computer or technology equipment that is property de- scribed under section 549(b)(2). (18) TECHNOLOGY EQUIPMENT.—The term ‘‘technology equipment’’ means any physical asset related to a computer or information technology, including any peripheral compo- nent, tablet, communication device (such as a router, server, or cell phone), printer, scanner, uninterruptible power source, cable, or con- nection. (19) VETERAN.—The term ‘‘veteran’’ has the meaning given that term in section 101 of title 38. (Added Pub. L. 117–328, div. Z, § 103(a), Dec. 29, 2022, 136 Stat. 5524.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 117–328, which was approved Dec. 29, 2022. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f), is Pub. L. 96–480, Oct. 21, 1980, 94 Stat. 2311, which is classified generally to chap- ter 63 (§ 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables. Section 501 of the Internal Revenue Code of 1986, re- ferred to in subsec. (g)(10), is classified to section 501 of Title 26, Internal Revenue Code. Statutory Notes and Related Subsidiaries FINDINGS Pub. L. 117–328, div. Z, § 102, Dec. 29, 2022, 136 Stat. 5523, provided that: ‘‘Congress finds the following: ‘‘(1) Access to computers and computer technology is indispensable for success in the 21st century. Mil- lions of Americans do not regularly use a computer and research shows that substantial disparities re- main in both internet use and the quality of access, with the digital divide concentrated among older, less educated, less affluent populations, especially veterans, low-income students, and senior citizens. ‘‘(2) The COVID–19 pandemic has highlighted the gap between those with computer access and those without. Millions of students, their families, and workers from across the economy were unable to do schoolwork, work remotely from home, or connect to loved ones and their communities because of the dig- ital divide. ‘‘(3) Any Federal program that distributes surplus, repairable Federal computers or technology equip- ment would benefit from a partnership with a non- profit organization whose mission is bridging the dig- ital divide.’’ § 550. Disposal of real property for certain pur- poses (a) DEFINITION.—In this section, the term ‘‘State’’ includes the District of Columbia, Puer- to Rico, and the territories and possessions of the United States. (b) ENFORCEMENT AND REVISION OF INSTRU- MENTS 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 re- strictions 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 in- strument or to conform the transfer to the re- quirements 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 offi- cial 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 prop- erty transferred under subsection (c) for school, classroom, or other educational use; (B) the Secretary of Health and Human Services, for property transferred under sub- section (d) for use in the protection of public health, including research; (C) the Secretary of the Interior, for prop- erty 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 prop- erty 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.— (1) ASSIGNMENT.—The Administrator, in the Administrator’s discretion and under regula- tions that the Administrator may prescribe, may assign to the Secretary of Education for disposal surplus real property, including build- ings, fixtures, and equipment situated on the property, that the Secretary recommends as needed for school, classroom, or other edu- cational use. (2) SALE OR LEASE.—Subject to disapproval by the Administrator within 30 days after no- tice to the Administrator by the Secretary of Education of a proposed transfer, the Sec- retary, for school, classroom, or other edu- cational use, may sell or lease property as- Page 55 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 550 signed to the Secretary under paragraph (1) to a State, a political subdivision or instrumen- tality of a State, a tax-supported educational institution, or a nonprofit educational institu- tion 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 subdivi- sion 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 regula- tions that the Administrator may prescribe, may assign to the Secretary of Health and Human Services for disposal surplus real prop- erty, including buildings, fixtures, and equip- ment situated on the property, that the Sec- retary recommends as needed for use in the protection of public health, including re- search. (2) SALE OR LEASE.—Subject to disapproval by the Administrator within 30 days after no- tice to the Administrator by the Secretary of Health and Human Services of a proposed transfer, the Secretary, for use in the protec- tion of public health, including research, may sell or lease property assigned to the Sec- retary under paragraph (1) to a State, a polit- ical subdivision or instrumentality of a State, a tax-supported medical institution, or a hos- pital or similar institution not operated for profit that has been held exempt from tax- ation 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 Serv- ices shall take into consideration any benefit which has accrued or may accrue to the Gov- ernment from the use of the property by the State, political subdivision or instrumen- tality, or institution. (e) PROPERTY FOR USE AS A PUBLIC PARK OR RECREATION AREA.— (1) ASSIGNMENT.—The Administrator, in the Administrator’s discretion and under regula- tions that the Administrator may prescribe, may assign to the Secretary of the Interior for disposal surplus real property, including build- 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 no- tice to the Administrator by the Secretary of the Interior of a proposed transfer, the Sec- retary, for public park or recreation area use, may sell or lease property assigned to the Sec- retary under paragraph (1) to a State, a polit- ical 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 ac- crued or may accrue to the Government from the use of the property by the State, political subdivision or instrumentality, or munici- pality. (4) DEED OF CONVEYANCE.—The deed of con- veyance 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 por- tion of the property shall, in its then exist- ing condition, at the option of the Govern- ment, revert to the Government; and (B) may contain additional terms, reserva- tions, restrictions, and conditions the Sec- retary of the Interior determines are nec- essary to safeguard the interests of the Gov- ernment. (f) PROPERTY FOR LOW INCOME HOUSING ASSIST- ANCE.— (1) ASSIGNMENT.—The Administrator, in the Administrator’s discretion and under regula- tions 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 no- tice 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 as- signed to the Secretary under paragraph (1) to a State, a political subdivision or instrumen- tality of a State, or a nonprofit organization that exists for the primary purpose of pro- viding housing or housing assistance for low- income individuals or families. (3) SELF-HELP HOUSING.— (A) IN GENERAL.—The Administrator shall disapprove a proposed transfer of property under this subsection unless the Adminis- trator 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— (i) subject to subparagraph (B), an indi- vidual or family receiving housing or hous- ing assistance through use of the property shall contribute a significant amount of labor toward the construction, rehabilita- tion, 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 DISABIL- ITIES.—For purposes of fulfilling self-help re- Page 56 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 550 quirements under paragraph (3)(A)(i), the Administrator shall ensure that nonprofit organizations receiving property under para- graph (2) develop and use guidelines to con- sider 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 para- graph (2), the Secretary of Housing and Urban Development shall take into consider- ation and discount the value for any benefit which has accrued or may accrue to the Gov- ernment from the use of the property by the State, political subdivision or instrumen- tality, 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 con- sultation with the Administrator, deter- mines that a higher percentage is justified. (g) PROPERTY FOR NATIONAL SERVICE ACTIVI- TIES.— (1) ASSIGNMENT.—The Administrator, in the Administrator’s discretion and under regula- tions 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 serv- ice activities, may sell, lease, or donate prop- erty 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 USE AS A HISTORIC MONU- MENT.— (1) CONVEYANCE.— (A) IN GENERAL.—Without monetary con- sideration to the Government, the Adminis- trator 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 Sec- retary 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 con- formity with a recommendation by the Na- tional Park System Advisory Board estab- lished 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 re- pair, rehabilitation, restoration, and main- tenance of the property; (iii) approves the grantee’s plan for fi- nancing the repair, rehabilitation, restora- tion, and maintenance of the property; and (iv) examines and approves the account- ing and financial procedures used by the grantee. (B) USE OF EXCESS INCOME.—The Secretary of the Interior may approve a grantee’s fi- nancial 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 prop- erty conveyed. (3) DEED OF CONVEYANCE.—The deed of con- veyance of any surplus real property disposed of under this subsection— (A) shall provide that all of the property be used and maintained for historical monu- ment 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 ex- isting condition, at the option of the Gov- ernment, revert to the Government; and (B) may contain additional terms, reserva- tions, restrictions, and conditions the Ad- ministrator 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.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 550(a) ......... 40:484(k)(1)(D). 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. Page 57 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 553 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 550(b) ......... 40:484(k)(4). 550(c) ......... 40:484(k)(1) (matter before (A) related to education), (A), (C) (related to education). 550(d) ......... 40:484(k)(1) (matter before (A) related to public health), (B), (C) (related to public health). 550(e) ......... 40:484(k)(2). 550(f) .......... 40:484(k)(6). 550(g) ......... 40:484(k)(5). 550(h) ......... 40:484(k)(3). In subsections (b)(2), (c), and (d), the words ‘‘Sec- retary of Education’’ and ‘‘Secretary of Health and Human Services’’ are substituted for ‘‘Secretary of Health, Education, and Welfare’’, as appropriate, be- cause 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 Sur- plus Property Act of 1944 (50 App.:1611 et seq.) have been repealed. In subsection (e), the definition of ‘‘States’’ is omit- ted 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 prob- ably be ‘‘this paragraph’’, meaning 40:484(k)(2). In the revised section, the reference to 40:484(k)(2) is trans- lated 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 omit- ted 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 prob- ably be ‘‘this paragraph’’, meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is trans- lated 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 amend- ed’’ 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 prob- ably be ‘‘this paragraph’’, meaning 40:484(k)(3). In the revised section, the reference to 40:484(k)(3) is trans- lated as ‘‘this subsection’’ to reflect the restatement of 40:484(k)(3) as subsection (h) of the revised section. Editorial Notes REFERENCES IN TEXT The National and Community Service Act of 1990, re- ferred to in subsec.(g)(2), is Pub. L. 101–610, Nov. 16, 1990, 104 Stat. 3127, 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 sec- tion 12501 of Title 42 and Tables. AMENDMENTS 2014—Subsec. (h)(1)(B). Pub. L. 113–287, § 5(j)(2), sub- stituted ‘‘section 102303 of title 54’’ for ‘‘section 3 of the Act of August 21, 1935 (16 U.S.C. 463) (known as the His- toric Sites, Buildings, and Antiquities Act)’’. § 551. Donations to American Red Cross The Administrator of General Services, in the Administrator’s discretion and under regula- tions that the Administrator may prescribe, may donate to the American National Red Cross for charitable purposes property that the Amer- ican National Red Cross processed, produced, or donated and that has been determined to be sur- plus property. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1099.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 551 ............. 40:484(l). 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 Gov- ernment premises (a) AUTHORITY TO TAKE PROPERTY.—The Ad- ministrator of General Services may take pos- session of abandoned or unclaimed property on premises owned or leased by the Federal Govern- ment 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 Ad- ministrator; or (2) if the property has been used or trans- ferred, 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 de- termined 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 Source (U.S. Code) Source (Statutes at Large) 552 ............. 40:484(m). June 30, 1949, ch. 288, title II, § 203(m), formerly § 203(l), 63 Stat. 388; redes- ignated § 203(m), Aug. 1, 1955, ch. 442, 69 Stat. 430. Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–284 substituted ‘‘(a) AU- THORITY TO TAKE PROPERTY.—The Administrator’’ for ‘‘(a) AUTHORITY TO TAKE PROPERTY Administrator’’. § 553. Property for correctional facility, law en- forcement, and emergency management re- sponse purposes (a) DEFINITION.—In this section, the term ‘‘State’’ includes the District of Columbia, Puer- to Rico, Guam, American Samoa, the Virgin Is-