40 U.S.C. § 553 — Property for correctional facility, law en-

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 have been repealed.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- Page 58 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 554 lands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mar- iana Islands. (b) AUTHORITY TO TRANSFER PROPERTY.—The Administrator of General Services, in the Ad- ministrator’s discretion and under regulations that the Administrator may prescribe, may transfer or convey to a State, or political sub- division or instrumentality of a State, surplus real and related personal property that— (1) the Attorney General determines is re- quired by the transferee or grantee for correc- tional facility use under a program approved by the Attorney General for the care or reha- bilitation of criminal offenders; (2) the Attorney General determines is re- quired by the transferee or grantee for law en- forcement purposes; or (3) the Administrator of the Federal Emer- gency Management Agency determines is re- quired by the transferee or grantee for emer- gency management response purposes includ- ing 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 convey- ance 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 prop- erty shall, in its then existing condition, at the option of the Government, revert to the Government; and (2) may contain additional terms, reserva- tions, restrictions, and conditions that the Ad- ministrator determines are necessary to safe- guard the interests of the Government. (e) ENFORCEMENT AND REVISION OF INSTRU- MENTS TRANSFERRING PROPERTY UNDER THIS SECTION.—The Administrator shall determine and enforce compliance with the terms, condi- tions, reservations, and restrictions contained in an instrument by which a transfer or convey- ance under this section is made. The Adminis- trator shall reform, correct, or amend the in- strument 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 restric- tion contained in the instrument, and shall con- vey, quitclaim, or release to the transferee (or other eligible user) any right or interest re- 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 Source (U.S. Code) Source (Statutes at Large) 553 ............. 40:484(p). 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 Fed- erated 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 sen- tence) 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 Manage- ment 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 Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 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, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency 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 li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- 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 clo- sure 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 Fed- erated States of Micronesia, the Marshall Is-