
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[2814]]
[CITE: 40USC484]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                   SUBCHAPTER II--PROPERTY MANAGEMENT
 
Sec. 484. Disposal of surplus property


(a) Supervision and direction

    Except as otherwise provided in this section, the Administrator 
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.

(b) Care and handling

    The care and handling of surplus property, pending its disposition, 
and the disposal of surplus property, may be performed by the General 
Services Administration or, when so determined by the Administrator, by 
the executive agency in possession thereof or by any other executive 
agency consenting thereto.

(c) Method of disposition

    Any executive agency designated or authorized by the Administrator 
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, and upon such other terms and conditions as the 
Administrator deems proper, and it may execute such documents for the 
transfer of title or other interest in property and take such other 
action as it deems necessary or proper to dispose of such property under 
the provisions of this subchapter.

(d) Validity of deed, bill of sale, lease, etc.

    A deed, bill of sale, lease, or other instrument executed by or on 
behalf of any executive agency purporting to transfer title or any other 
interest in surplus property under this subchapter shall be conclusive 
evidence of compliance with the provisions of this subchapter insofar as 
concerns title or other interest of any bona fide grantee or transferee 
for value and without notice of lack of such compliance.

(e) Bids for disposal; advertising; procedure; disposal by negotiation; 
        explanatory statement

    (1) All disposals or contracts for disposal of surplus property 
(other than by abandonment, destruction, donation, or through contract 
brokers) made or authorized by the Administrator shall be made after 
publicly advertising for bids, under regulations prescribed by the 
Administrator, except as provided in paragraphs (3) and (5) of this 
subsection.
    (2) Whenever public advertising for bids is required under paragraph 
(1) of this subsection--
        (A) the advertisement for bids shall be made at such time 
    previous to the disposal or contract, through such methods, and on 
    such terms and conditions as shall permit that full and free 
    competition which is consistent with the value and nature of the 
    property involved;
        (B) all bids shall be publicly disclosed at the time and place 
    stated in the advertisement;
        (C) award shall be made with reasonable promptness by notice to 
    the responsible bidder whose bid, conforming to the invitation for 
    bids, will be most advantageous to the Government, price and other 
    factors considered: Provided, That all bids may be rejected when it 
    is in the public interest to do so.

    (3) Disposals and contracts for disposal may be negotiated, under 
regulations prescribed by the Administrator, without regard to 
paragraphs (1) and (2) of this subsection but subject to obtaining such 
competition as is feasible under the circumstances, if--
        (A) necessary in the public interest during the period of a 
    national emergency declared by the President or the Congress, with 
    respect to a particular lot or lots of personal property or, for a 
    period not exceeding three months, with respect to a specifically 
    described category or categories of personal property as determined 
    by the Administrator;
        (B) the public health, safety, or national security will thereby 
    be promoted by a particular disposal of personal property;
        (C) public exigency will not admit of the delay incident to 
    advertising certain personal property;
        (D) the personal property involved is of a nature and quantity 
    which, if disposed of under paragraphs (1) and (2) of this 
    subsection, would cause such an impact on an industry or industries 
    as adversely to affect the national economy, and the estimated fair 
    market value of such property and other satisfactory terms of 
    disposal can be obtained by negotiation;
        (E) the estimated fair market value of the property involved 
    does not exceed $15,000;
        (F) bid prices after advertising therefor are not reasonable 
    (either as to all or some part of the property) or have not been 
    independently arrived at in open competition;
        (G) with respect to real property only, 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;
        (H) the disposal will be to States, Territories, possessions, 
    political subdivisions thereof, or tax-supported agencies therein, 
    and the estimated fair market value of the property and other 
    satisfactory terms of disposal are obtained by negotiation; or
        (I) otherwise authorized by this Act or other law.

    (4) 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 such regulations as may be prescribed by the 
Administrator: Provided, That such regulations shall require that wide 
public notice of availability of the property for disposal be given by 
the brokers.
    (5)(A) Negotiated sales of personal property at fixed prices may be 
made by the Administrator either directly or through the use of disposal 
contractors without regard to the limitations set forth in paragraphs 
(1) and (2) of this subsection: Provided, That such sales shall be 
publicized to the extent consistent with the value and nature of the 
property involved, that the prices established shall reflect the 
estimated fair market value thereof, and that such sales shall be 
limited to those categories of personal property as to which the 
Administrator determines that such method of disposal will best serve 
the interests of the Government.
    (B) Under regulations and restrictions to be prescribed by the 
Administrator, property to be sold pursuant to this paragraph may be 
offered to organizations specified in paragraph (3)(H) of this 
subsection that have expressed an interest in the property to permit 
such an organization a prior opportunity to purchase at the prices fixed 
for such property.
    (6)(A) Except as otherwise provided by subparagraph (C) of this 
paragraph, an explanatory statement shall be prepared of the 
circumstances of each disposal by negotiation of--
        (i) any personal property which has an estimated fair market 
    value in excess of $15,000;
        (ii) any real property that has an estimated fair market value 
    in excess of $100,000, except that any real property disposed of by 
    lease or exchange shall only be subject to clauses (iii) through (v) 
    of this subparagraph;
        (iii) any real property disposed of by lease for a term of 5 
    years or less, if the estimated fair annual rent is in excess of 
    $100,000 for any of such years;
        (iv) any 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 in excess of $100,000; or
        (v) any real property or real and related personal property 
    disposed of by exchange, regardless of value, or any property any 
    part of the consideration for which is real property.

    (B) Each such statement shall be transmitted to the appropriate 
committees of the Congress in advance of such disposal, and a copy 
thereof shall be preserved in the files of the executive agency making 
such disposal.
    (C) No such statement need be transmitted to any such committee with 
respect to any disposal of personal property made under paragraph (5) at 
a fixed price, or to property disposals authorized by any other 
provision of law to be made without advertising.
    (D) The annual report of the Administrator under section 492 of this 
title shall contain or be accompanied by 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 
paragraph.
    (7) Section 5 of title 41 shall not apply to disposals or contracts 
for disposal made under this subsection.

(f) Contractor inventories

    Subject to regulations of the Administrator, any executive agency 
may authorize any contractor with such agency or subcontractor 
thereunder to retain or dispose of any contractor inventory.

(g) Agricultural commodities, foods, and cotton or woolen goods

    The Administrator, in formulating policies with respect to the 
disposal of surplus agricultural commodities, surplus foods processed 
from agricultural commodities and surplus cotton or woolen goods, shall 
consult with the Secretary of Agriculture. Such policies shall be so 
formulated as to prevent surplus agricultural commodities, or surplus 
food processed from agricultural commodities, from being dumped on the 
market in a disorderly manner and disrupting the market prices for 
agricultural commodities.

(h) Transfer to Department of Agriculture for price support or 
        stabilization reasons; deposit of receipts; limitation on sale 
        of surplus farm commodities

    Whenever the Secretary of Agriculture determines such action to be 
required to assist him in carrying out his responsibilities with respect 
to price support or stabilization, the Administrator shall transfer 
without charge to the Department of Agriculture any surplus agricultural 
commodities, foods, or cotton or woolen goods to be disposed of. 
Receipts resulting from disposal by the Department of Agriculture under 
this subsection shall be deposited pursuant to any authority available 
to the Secretary of Agriculture, except that net proceeds of any sale of 
surplus property so transferred shall be credited pursuant to section 
485(b) of this title, when applicable. Surplus farm commodities so 
transferred shall not be sold, other than for export, in quantities in 
excess of, or at prices less than, those applicable with respect to 
sales of such commodities by the Commodity Credit Corporation.

(i) Vessels; laws governing sales

    The Maritime Administration shall dispose of surplus vessels of one 
thousand five hundred gross tons or more which the Administration 
determines to be merchant vessels or capable of conversion to merchant 
use, and such vessels shall be disposed of only in accordance with the 
provisions of the Merchant Marine Act, 1936, as amended [46 App. U.S.C. 
1101 et seq.], and other laws authorizing the sale of such vessels.

(j) Transfers for donation of property to State agencies; State plan of 
        operation; ``public agency'' and ``State'' defined

    (1) Under such regulations as he may prescribe, the Administrator is 
authorized in his discretion to transfer, without cost (except for costs 
of care and handling), any personal property under the control of any 
executive agency which has been determined to be surplus property to the 
State agency in each State designated under State law as the agency 
responsible for the fair and equitable distribution, through donation, 
of all property transferred in accordance with the provisions of 
paragraphs (2) and (3) of this subsection. In determining whether the 
property is to be transferred for donation under this subsection, no 
distinction shall be made between property capitalized in a working-
capital fund established under section 2208 of title 10, or any similar 
fund, and any other property.
    (2) In the case of surplus personal property under the control of 
the Department of Defense, the Secretary of Defense shall determine 
whether such property is usable and necessary for educational activities 
which are of special interest to the armed services, such as maritime 
academies, or military, naval, Air Force, or Coast Guard preparatory 
schools. If the Secretary determines that such property is usable and 
necessary for said purposes, the Secretary shall allocate it for 
transfer by the Administrator to the appropriate State agency for 
distribution, through donation, to such educational activities. If the 
Secretary determines that such property is not usable and necessary for 
such purposes, it may be disposed of in accordance with paragraph (3) of 
this subsection.
    (3) Except for surplus personal property transferred pursuant to 
paragraph (2) of this subsection, the Administrator shall, pursuant to 
criteria which are based on need and utilization and established after 
such consultation with State agencies as is feasible, allocate such 
property among the States in \1\ a fair and equitable basis (taking into 
account the condition of the property as well as the original 
acquisition cost thereof), and transfer to the State agency property 
selected by it for distribution through donation within the State--
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    \1\ So in original. Probably should be ``on''.
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        (A) to any public agency for use in carrying out or promoting 
    for the residents of a given political area one or more public 
    purposes, such as conservation, economic development, education, 
    parks and recreation, public health, and public safety; or
        (B) to nonprofit educational or public health institutions or 
    organizations, such as medical institutions, hospitals, clinics, 
    health centers, drug abuse treatment centers, providers of 
    assistance to homeless individuals, providers of assistance to 
    families or individuals whose annual incomes are below the poverty 
    line (as that term is defined in section 9902 of title 42), schools, 
    colleges, universities, schools for the mentally retarded, schools 
    for the physically handicapped, child care centers, radio and 
    television stations licensed by the Federal Communications 
    Commission as educational radio or educational television stations, 
    museums attended by the public, and libraries serving free all 
    residents of a community, district, State, or region, which are 
    exempt from taxation under section 501 of title 26, for purposes of 
    education or public health (including research for any such 
    purpose).

The Administrator, in allocating and transferring property under this 
paragraph, shall give fair consideration, consistently with the 
established criteria, to expressions of need and interest on the part of 
public agencies and other eligible institutions within that State, and 
shall give special consideration to requests by eligible recipients, 
transmitted through the State agency, for specific items of property.
    (4)(A) Before property may be transferred to any State agency, such 
State shall develop, according to State law, a detailed plan of 
operation, developed in conformity with the provisions of this 
subsection, which shall include adequate assurance that the State agency 
has the necessary organizational and operational authority and 
capability, including staff, facilities, means and methods of financing, 
and procedures with respect to: accountability, internal and external 
audits, cooperative agreements, compliance and utilization reviews, 
equitable distribution and property disposal, determination of 
eligibility, and assistance through consultation with advisory bodies 
and public and private groups. The chief executive officer shall certify 
and submit the plan to the Administrator. 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. No such plan, and no major 
amendment thereof, shall be filed with the Administrator until sixty 
days after general notice of the proposed plan or amendment has been 
published and interested persons have been given at least thirty days 
during which to submit comments. In developing and implementing the 
State plan, the relative needs and resources of all public agencies and 
other eligible institutions within the State shall be taken into 
consideration. The Administrator may consult with interested Federal 
agencies for purposes of obtaining their views concerning the 
administration and operation of this subsection.
    (B) The State plan shall provide for the fair and equitable 
distribution of property within such State based on the relative needs 
and resources of interested public agencies and other eligible 
institutions within the State and their abilities to utilize the 
property.
    (C)(i) The State plan of operation shall require the State agency to 
utilize a management control system and accounting system for donable 
property transferred under this section of the same types as are 
required by State law for State-owned property, except that the State 
agency, with the approval of the chief executive officer of the State, 
may elect, in lieu of such systems, to utilize such other management 
control and accounting systems as are effective to govern the 
utilization, inventory control, accountability, and disposal of property 
under this subsection.
    (ii) The State plan of operation shall require the State agency to 
provide for the return of donable property for further distribution if 
such 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 such purposes within one year of being 
placed in use.
    (iii) The State plan shall require the State agency, insofar as 
practicable, to select property requested by a public agency or other 
eligible institution within the State and, if so requested by the 
recipient, to arrange shipment of that property, when acquired, directly 
to the recipient.
    (D) Where the State agency is authorized to assess and collect 
service charges from participating recipients to cover direct and 
reasonable indirect costs of its activities, the method of establishing 
such charges shall be set out in the State plan of operation. Such 
charges shall be fair and equitable and shall be based on services 
performed by the State agency, including, but not limited to, screening, 
packing, crating, removal, and transportation.
    (E) The State plan of operation shall provide that the State agency 
may impose reasonable terms, conditions, reservations, and restrictions 
on the use of property to be donated under paragraph (3) of this 
subsection and shall impose such terms, conditions, reservations, and 
restrictions in the case of any passenger motor vehicle and any item of 
other property having a unit acquisition cost of $5,000 or more. If the 
Administrator finds that an item or items have characteristics that 
require special handling or use limitations, he may impose appropriate 
conditions on the donation of such property.
    (F) The State plan of operation shall provide that surplus property 
which the State agency determines cannot be utilized by eligible 
recipients shall be disposed of--
        (i) subject to the disapproval of the Administrator within 
    thirty days after notice to him, through transfer by the State 
    agency to another State agency or through abandonment or destruction 
    where the property has no commercial value or the estimated cost of 
    its continued care and handling would exceed the estimated proceeds 
    from its sale; or
        (ii) otherwise pursuant to the provisions of this Act under such 
    terms and conditions and in such manner as may be prescribed by the 
    Administrator.

Notwithstanding sections 485 and 512(c) of this title, the 
Administrator, from the proceeds of sale of any such property, may 
reimburse the State agency for such expenses relating to the care and 
handling of such property as he shall deem appropriate.
    (5) As used in this subsection, (A) the term ``public agency'' means 
any State, political subdivision thereof (including any unit of local 
government or economic development district), or any department, agency, 
instrumentality thereof (including instrumentalities created by compact 
or other agreement between States or political subdivisions), or any 
Indian tribe, band, group, pueblo, or community located on a State 
reservation and (B) the term ``State'' means the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Virgin Islands, 
Guam, and American Samoa.

(k) Disposals by Secretary of Education, Secretary of Health and Human 
        Services, Secretary of the Interior, and Secretary of Defense

    (1) Under such regulations as he may prescribe, the Administrator is 
authorized, in his discretion, to assign to the Secretary of Education 
or the Secretary of Health and Human Services for disposal such surplus 
real property, including buildings, fixtures, and equipment situated 
thereon, as is recommended by the Secretary of Education or the 
Secretary of Health and Human Services as being needed for school, 
classroom, or other educational use, or for use in the protection of 
public health, including research.
        (A) Subject to the disapproval of the Administrator within 
    thirty days after notice to him by the Secretary of Education of a 
    proposed transfer of property for school, classroom, or other 
    educational use, the Secretary of Education through such officers or 
    employees of the Department of Education as he may designate, may 
    sell or lease such real property, including buildings, fixtures, and 
    equipment situated thereon, for educational purposes to the States 
    and their political subdivisions and instrumentalities, and tax-
    supported educational institutions, and to other nonprofit 
    educational institutions which have been held exempt from taxation 
    under section 501(c)(3) of title 26.
        (B) Subject to the disapproval of the Administrator within 
    thirty days after notice to him by the Secretary of Health and Human 
    Services of a proposed transfer of property for public-health use, 
    the Secretary of Health and Human Services, through such officers or 
    employees of the Department of Health and Human Services as he may 
    designate, may sell or lease such real property for public-health 
    purposes, including research, to the States and their political 
    subdivisions and instrumentalities, and to tax-supported medical 
    institutions, and to hospitals or other similar institutions not 
    operated for profit which have been held exempt from taxation under 
    section 501(c)(3) of title 26.
        (C) In fixing the sale or lease value of property to be disposed 
    of under subparagraph (A) and subparagraph (B) of this paragraph, 
    the Secretary of Education and the Secretary of Health and Human 
    Services shall take into consideration any benefit which has accrued 
    or may accrue to the United States from the use of such property by 
    any such State, political subdivision, instrumentality, or 
    institution.
        (D) ``States'' as used in this subsection includes the District 
    of Columbia, the Commonwealth of Puerto Rico, and the Territories 
    and possessions of the United States.

    (2) Under such regulations as he may prescribe, the Administrator is 
authorized, in his discretion, to assign to the Secretary of the 
Interior for disposal, such surplus real property, including buildings, 
fixtures, and equipment situated thereon, as is recommended by the 
Secretary of the Interior as needed for use as a public park or 
recreation area.
        (A) Subject to the disapproval of the Administrator within 
    thirty days after notice to him by the Secretary of the Interior of 
    a proposed transfer of property for public park or public 
    recreational use, the Secretary of the Interior, through such 
    officers or employees of the Department of the Interior as he may 
    designate, may sell or lease such real property, including 
    buildings, fixtures, and equipment situated thereon, for public park 
    or public recreational purposes to any State, political subdivision, 
    instrumentalities thereof, or municipality.
        (B) In fixing the sale or lease value of property to be disposed 
    of under subparagraph (A) of this paragraph, the Secretary of the 
    Interior shall take into consideration any benefit which has accrued 
    or may accrue to the United States from the use of such property by 
    any such State, political subdivision, instrumentality, or 
    municipality.
        (C) The deed of conveyance of any surplus real property disposed 
    of under the provisions of this subsection--
            (i) shall provide that all such property shall be used and 
        maintained for the purpose for which it was conveyed in 
        perpetuity, and that in the event that such property ceases to 
        be used or maintained for such purpose during such period, all 
        or any portion of such property shall in its then existing 
        condition, at the option of the United States, revert to the 
        United States; and
            (ii) may contain such additional terms, reservations, 
        restrictions, and conditions as may be determined by the 
        Secretary of the Interior to be necessary to safeguard the 
        interests of the United States.

        (D) ``States'' as used in this subsection includes the District 
    of Columbia, the Commonwealth of Puerto Rico, and the territories 
    and possessions of the United States.

    (3) Without monetary consideration to the United States, the 
Administrator may convey to any State, political subdivision, 
instrumentalities thereof, or municipality, all of the right, title, and 
interest of the United States in and to any surplus real and related 
personal property which the Secretary of the Interior has determined is 
suitable and desirable for use as a historic monument, for the benefit 
of the public. No property shall be determined to be suitable or 
desirable for use as a historic monument except in conformity with the 
recommendation of the Advisory Board on National Parks, Historic Sites, 
Buildings and Monuments established by section 463 of title 16, and only 
so much of any such property shall be so determined to be suitable or 
desirable for which such use as is necessary for the preservation and 
proper observation of its historic features.
    (A) The Administrator may authorize use of any property conveyed 
under this subsection or the Surplus Property Act of 1944, as amended, 
for revenue-producing activities if the Secretary of the Interior (i) 
determines that such 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, 
and (iii) approves the grantee's plan for financing repair, 
rehabilitation, restoration, and maintenance of the property. The 
Secretary shall not approve a financial plan unless it provides that 
incomes in excess of costs of repair, rehabilitation, restoration, and 
maintenance shall be used by the grantee only for public historic 
preservation, park, or recreational purposes. The Administrator may not 
authorize any uses under this subsection until the Secretary has 
examined and approved the accounting and financial procedures used by 
the grantee. The Secretary may periodically audit the records of the 
grantee, directly related to the property conveyed.
    (B) The deed of conveyance of any surplus real property disposed of 
under the provisions of this subsection--
        (i) shall provide that all such property shall be used and 
    maintained for historical monument purposes in perpetuity, and that 
    in the event that 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 United States, revert to 
    the United States; and
        (ii) may contain such additional terms, reservations, 
    restrictions, and conditions as may be determined by the 
    Administrator to be necessary to safeguard the interests of the 
    United States.

    (C) ``States'' as used in this subsection, includes the District of 
Columbia, the Commonwealth of Puerto Rico, and the territories and 
possessions of the United States.
    (4) Subject to the disapproval of the Administrator within thirty 
days after notice to him of any action to be taken under this 
subsection, except with respect to personal property transferred 
pursuant to subsection (j) of this section--
        (A) The \2\ Secretary of Education, through such officers or 
    employees of the Department of Education as he may designate, in the 
    case of property transferred pursuant to the Surplus Property Act of 
    1944, as amended, and pursuant to this Act, to States, political 
    subdivisions, and instrumentalities thereof, and tax-supported and 
    other nonprofit educational institutions for school, classroom, or 
    other educational use;
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    \2\ So in original. Probably should not be capitalized.
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        (B) the Secretary of Health and Human Services, through such 
    officers or employees of the Department of Health and Human Services 
    as he may designate, in the case of property transferred pursuant to 
    the Surplus Property Act of 1944, as amended, and pursuant to this 
    Act, to States, political subdivisions and instrumentalities 
    thereof, tax-supported medical institutions, and to hospitals and 
    other similar institutions not operated for profit, for use in the 
    protection of public health (including research);
        (C) the Secretary of the Interior, in the case of property 
    transferred pursuant to the Surplus Property Act of 1944, as 
    amended, and pursuant to this Act, to States, political 
    subdivisions, and instrumentalities thereof, and municipalities for 
    use as a public park, public recreational area, or historic monument 
    for the benefit of the public;
        (D) the Secretary of Defense, in the case of property 
    transferred pursuant to the Surplus Property Act of 1944, as 
    amended, to States, political subdivisions, and tax-supported 
    instrumentalities thereof for use in the training and maintenance of 
    civilian components of the armed forces; or
        (E) the Secretary of Housing and Urban Development, through such 
    officers or employees of the Department of Housing and Urban 
    Development as the Secretary may designate, in the case of property 
    transferred under paragraph (6).\3\
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    \3\ So in original. The period probably should be a comma.

is authorized and directed--
        (i) to determine and enforce compliance with the terms, 
    conditions, reservations, and restrictions contained in any 
    instrument by which such transfer was made;
        (ii) to reform, correct, or amend any such instrument by the 
    execution of a corrective, reformative or amendatory instrument 
    where necessary to correct such instrument or to conform such 
    transfer to the requirements of applicable law; and
        (iii) to (I) grant releases from any of the terms, conditions, 
    reservations and restrictions contained in, and (II) convey, 
    quitclaim, or release to the transferee or other eligible user any 
    right or interest reserved to the United States by, any instrument 
    by which such transfer was made, if he determines that the property 
    so transferred no longer serves the purpose for which it was 
    transferred, or that such release, conveyance, or quitclaim deed 
    will not prevent accomplishment of the purpose for which such 
    property was so transferred: Provided, That any such release, 
    conveyance, or quitclaim deed may be granted on, or made subject to, 
    such terms and conditions as he shall deem necessary to protect or 
    advance the interests of the United States.

    (5)(A) Under such regulations as the Administrator may prescribe, 
the Administrator is authorized, in the discretion of the Administrator, 
to assign to the Chief Executive Officer of the Corporation for National 
and Community Service for disposal such surplus property as is 
recommended by the Chief Executive Officer as being needed for national 
service activities.
    (B) Subject to the disapproval of the Administrator, within 30 days 
after notice to the Administrator by the Chief Executive Officer of the 
Corporation for National and Community Service of a proposed transfer of 
property for such activities, the Chief Executive Officer, through such 
officers or employees of the Corporation as the Chief Executive Officer 
may designate, may sell, lease, or donate such property to any entity 
that receives financial assistance under the National and Community 
Service Act of 1990 [42 U.S.C. 12501 et seq.] for such activities.
    (C) In fixing the sale or lease value of such property, the Chief 
Executive Officer of the Corporation for National and Community Service 
shall comply with the requirements of paragraph (1)(C).
    (6)(A) Under such regulations as the Administrator may prescribe, 
the Administrator may, in the discretion of the Administrator, assign to 
the Secretary of Housing and Urban Development for disposal such surplus 
real property, including buildings, fixtures, and equipment situated 
thereon, as is recommended by the Secretary as being needed for 
providing housing or housing assistance for low-income individuals or 
families.
    (B) Subject to the disapproval of the Administrator within 30 days 
after notice to the Administrator by the Secretary of Housing and Urban 
Development of a proposed transfer of property for the purpose of 
providing such housing or housing assistance, the Secretary, through 
such officers or employees of the Department of Housing and Urban 
Development as the Secretary may designate, may sell or lease such 
property for that purpose to any State, any political subdivision or 
instrumentality of a State, or any nonprofit organization that exists 
for the primary purpose of providing housing or housing assistance for 
low-income individuals or families.
    (C) The Administrator shall disapprove a proposed transfer of 
property under this paragraph 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 that require that--
        (i) any individual or family receiving housing or housing 
    assistance constructed, rehabilitated, or refurbished 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.

    (D)(i) The Administrator shall ensure that nonprofit organizations 
that are sold or leased property under subparagraph (B) shall develop 
and use guidelines to take into consideration any disability of an 
individual for the purposes of fulfilling any self-help requirement 
under subparagraph (C)(i).
    (ii) For purposes of this subparagraph, the term ``disability'' has 
the meaning given such term under section 12102(2) of title 42.
    (E)(i) In fixing the sale or lease value of property to be disposed 
of under this paragraph, the Secretary of Housing and Urban Development 
shall take into consideration and discount the value with respect to any 
benefit which has accrued or may accrue to the United States from the 
use of such property by any such State, political subdivision, 
instrumentality, or nonprofit organization.
    (ii) The amount of the discount under clause (i) shall be 75 percent 
of the market value of the property, except that the Secretary may 
discount by a greater percentage if the Secretary, in consultation with 
the Administrator, determines that a higher percentage is justified.

(l) Donations to American Red Cross

    Under such regulations as he may prescribe, the Administrator is 
authorized in his discretion to donate to the American National Red 
Cross, for charitable purposes, such property, which was processed, 
produced, or donated by the American National Red Cross, as shall have 
been determined to be surplus property.

(m) Possession of abandoned or unclaimed property on Government 
        premises; disposal; claims by former owners

    The Administrator is authorized to take possession of abandoned and 
other unclaimed property on premises owned or leased by the Government, 
to determine when title thereto vested in the United States, and to 
utilize, transfer or otherwise dispose of such property. Former owners 
of such property upon proper claim filed within three years from the 
date of vesting of title in the United States shall be paid the proceeds 
realized from the disposition of such property or, if the property is 
used or transferred, the fair value therefor as of the time title was 
vested in the United States as determined by the Administrator, less in 
either case the costs incident to the care and handling of such property 
as determined by the Administrator.

(n) Cooperative agreements with State agencies

    For the purpose of carrying into effect the provisions of subsection 
(j) of this section, the Administrator or the head of any Federal agency 
designated by the Administrator, and, with respect to subsection (k)(1) 
of this section, the Secretary of Education, the Secretary of Health and 
Human Services, or the head of any Federal agency designated by the 
Secretary, are authorized to enter into cooperative agreements with 
State surplus property distribution agencies designated in conformity 
with subsection (j) of this section. Such cooperative agreements may 
provide for utilization by such Federal agency, with or without payment 
or reimbursement, of the property, facilities, personnel, and services 
of the State agency in carrying out any such program, and for making 
available to such State agency, with or without payment or 
reimbursement, property, facilities, personnel, or services of such 
Federal agency in connection with such utilization. Payment or 
reimbursement, if any, from the State agency shall be credited to the 
fund or appropriation against which charges would be made if no payment 
or reimbursement were received. In addition, under such cooperative 
agreements and subject to such other conditions as may be imposed by the 
Administrator, or with respect to subsection (k)(1) of this section by 
the Secretary of Education or the Secretary of Health and Human 
Services, any surplus property transferred to the State agency for 
distribution pursuant to subsection (j)(3) of this section may be 
retained by the State agency for use in performing its functions. Unless 
otherwise directed by the Administrator, title to property so retained 
shall vest in the State agency.

(o) Biennial reports to Congress by Administrator; copies to Comptroller 
        General

    (1) Six months after the end of the first full fiscal year after 
November 5, 1988, and biennially thereafter, the Administrator shall 
transmit a report to the Congress that covers the initial period from 
November 5, 1988, and each succeeding biennial period and contains--
        (A) a full and independent evaluation of the operation of 
    programs for the donation of Federal surplus personal property,
        (B) statistical information on the amount of excess personal 
    property transferred to Federal agencies and provided to grantees 
    and non-Federal organizations and surplus personal property approved 
    for donation to the State Agencies for Surplus Property and donated 
    to eligible non-Federal organizations during each succeeding 
    biennial period, and
        (C) such recommendations as the Administrator determines to be 
    necessary or desirable.

    (2) A copy of each report made under paragraph (3) \4\ shall also be 
simultaneously furnished to the Comptroller General of the United 
States. The Comptroller General shall review and evaluate the report and 
make any comments and recommendations to the Congress thereon, as he 
deems necessary or desirable.
---------------------------------------------------------------------------
    \4\ So in original. Probably should be paragraph ``(1)''.
---------------------------------------------------------------------------

(p) Transfer or conveyance of property for correctional facility use; 
        consideration-free transfers; reimbursement for interim 
        transfers; law enforcement or emergency management response 
        purposes; reversion option; terms and conditions

    (1)(A) Under such regulations as he may prescribe, the Administrator 
is authorized in his discretion to transfer or convey to the several 
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, the Trust Territory of the Pacific 
Islands, the Commonwealth of the Northern Mariana Islands, or any 
political subdivision or instrumentality thereof, surplus real and 
related personal property determined by the Attorney General to be 
required for correctional facility use by the authorized transferee or 
grantee under an appropriate program or project for the care or 
rehabilitation of criminal offenders as approved by the Attorney 
General. Transfers or conveyance under this authority shall be made by 
the Administrator without monetary consideration to the United States. 
If the Attorney General determines that any surplus property transferred 
or conveyed pursuant to an agreement entered into between March 1, 1982, 
and the enactment of this subsection was suitable for transfer or 
conveyance under this subsection, the Administrator shall reimburse the 
transferee for any monetary consideration paid to the United States for 
such transfer or conveyance.
    (B)(i) The Administrator may exercise the authority under 
subparagraph (A) with respect to such surplus real and related property 
needed by the transferee or grantee for--
        (I) law enforcement purposes, as determined by the Attorney 
    General; or
        (II) emergency management response purposes, including fire and 
    rescue services, as determined by the Director of the Federal 
    Emergency Management Agency.

    (ii) The authority provided under this subparagraph shall terminate 
on July 31, 2000.
    (2) The deed of conveyance of any surplus real and related personal 
property disposed of under the provisions of this subsection--
        (A) shall provide that all such property shall be used and 
    maintained for the purpose for which it was conveyed in perpetuity, 
    and that in the event 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 United States, revert 
    to the United States; and
        (B) may contain such additional terms, reservations, 
    restrictions, and conditions as may be determined by the 
    Administrator to be necessary to safeguard the interests of the 
    United States.

    (3) With respect to surplus real and related personal property 
conveyed pursuant to this subsection, the Administrator is authorized 
and directed--
        (A) to determine and enforce compliance with the terms, 
    conditions, reservations, and restrictions contained in any 
    instrument by which such transfer was made;
        (B) to reform, correct, or amend any such instrument by the 
    execution of a corrective reformative or amendatory instrument where 
    necessary to correct such instrument or to conform such transfer to 
    the requirements of applicable law; and
        (C) to (i) grant releases from any of the terms, conditions, 
    reservations, and restrictions contained in, and (ii) convey, 
    quitclaim, or release to the transferee or other eligible user any 
    right or interest reserved to the United States by any instrument by 
    which such transfer was made, if he determines that the property so 
    transferred no longer serves the purpose for which it was 
    transferred, or that such release, conveyance, or quitclaim deed 
    will not prevent accomplishment of the purpose for which such 
    property was so transferred: Provided, That any such release, 
    conveyance, or quitclaim deed may be granted on, or made subject to, 
    such terms and conditions as he or she shall deem necessary to 
    protect or advance the interests of the United States.

(q) Military installation closures or realignments

    (1) Under such regulations as the Administrator, 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, in 
his or her discretion, assign to the Secretary of Transportation for 
disposal such surplus real property, including buildings, fixtures, and 
equipment situated thereon, as is recommended by the Secretary of 
Transportation as being needed for the development or operation of a 
port facility.
    (2) Subject to the disapproval of the Administrator or the Secretary 
of Defense within 30 days after notice by the Secretary of 
Transportation of a proposed conveyance of property for any of the 
purposes described in paragraph (1), the Secretary of Transportation, 
through such officers or employees of the Department of Transportation 
as he or she may designate, may convey, at no consideration to the 
United States, such surplus real property, including buildings, 
fixtures, and equipment situated thereon, for use in the development or 
operation of a port facility to any State, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 
the Trust Territory of the Pacific Islands, the Commonwealth of the 
Northern Mariana Islands, or any political subdivision, municipality, or 
instrumentality thereof.
    (3) No transfer of property may be made under this subsection until 
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 subsection (e)(6) of this 
    section.

    (4) The instrument of conveyance of any surplus real property and 
related personal property disposed of under this subsection shall--
        (A) provide that all such property shall be used and maintained 
    in perpetuity for the purpose for which it was conveyed, 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 United States, revert to the United 
    States; and
        (B) contain such additional terms, reservations, restrictions, 
    and conditions as the Secretary of Transportation shall by 
    regulation require to assure use of the property for the purposes 
    for which it was conveyed and to safeguard the interests of the 
    United States.

    (5) With respect to surplus real property and related personal 
property conveyed pursuant to this subsection, the Secretary of 
Transportation shall--
        (A) determine and enforce compliance with the terms, conditions, 
    reservations, and restrictions contained in any instrument by which 
    such conveyance was made;
        (B) reform, correct, or amend any such instrument by the 
    execution of a corrective, reformative, or amendatory instrument if 
    necessary to correct such instrument or to conform such conveyance 
    to the requirements of applicable law; and
        (C)(i) grant releases from any of the terms, conditions, 
    reservations, and restrictions contained in, and (ii) convey, 
    quitclaim, or release to the grantee any right or interest reserved 
    to the United States by, any instrument by which such conveyance was 
    made, if the Secretary of Transportation determines that the 
    property so conveyed no longer serves the purpose for which it was 
    conveyed, or that such release, conveyance, or quitclaim deed will 
    not prevent accomplishment of the purpose for which such property 
    was so conveyed, except that any such release, conveyance, or 
    quitclaim deed may be granted on, or made subject to, such terms and 
    conditions as the Secretary of Transportation considers necessary to 
    protect or advance the interests of the United States.

    (6) In this section, the term ``base closure law'' 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, United States Code.

(r) Donation of surplus law enforcement canines to their 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.

(June 30, 1949, ch. 288, title II, Sec. 203, 63 Stat. 385; Aug. 10, 
1949, ch. 412, Sec. 12(a), (g), 63 Stat. 591; Sept. 5, 1950, ch. 849, 
Sec. 4, 64 Stat. 579; July 12, 1952, ch. 703, Sec. 1(i), (j), 66 Stat. 
593; Aug. 8, 1953, ch. 399, 67 Stat. 521; July 14, 1954, ch. 481, 68 
Stat. 474; June 3, 1955, ch. 130, Secs. 1, 2(a), 3, 5, 6, 69 Stat. 83, 
84; Aug. 1, 1955, ch. 442, 69 Stat. 430; July 3, 1956, ch. 513, Secs. 1-
3, 70 Stat. 493, 494; Aug. 3, 1956, ch. 942, 70 Stat. 1020; Pub. L. 85-
486, July 2, 1958, 72 Stat. 288; Pub. L. 87-94, July 20, 1961, 75 Stat. 
213; Pub. L. 87-786, Oct. 10, 1962, 76 Stat. 805; Pub. L. 89-348, 
Sec. 2(4), Nov. 8, 1965, 79 Stat. 1312; Pub. L. 91-485, Secs. 2-4, Oct. 
22, 1970, 84 Stat. 1084, 1085; Pub. L. 92-362, Sec. 1, Aug. 4, 1972, 86 
Stat. 503; Pub. L. 90-351, title I, Sec. 525, as added Pub. L. 93-83, 
Sec. 2, Aug. 6, 1973, 87 Stat. 216; Pub. L. 94-519, Sec. 1, Oct. 17, 
1976, 90 Stat. 2451; Pub. L. 96-88, title III, Sec. 301(a)(2)(P), (b), 
title V, Secs. 507, 509(b), Oct. 17, 1979, 93 Stat. 678, 692, 695; Pub. 
L. 97-31, Sec. 12(15), Aug. 6, 1981, 95 Stat. 154; Pub. L. 98-473, title 
II, Secs. 701, 702, Oct. 12, 1984, 98 Stat. 2129, 2130; Pub. L. 99-386, 
title II, Secs. 201, 207, Aug. 22, 1986, 100 Stat. 822, 823; Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100-77, title V, 
Sec. 502(a), July 22, 1987, 101 Stat. 510; Pub. L. 100-612, Secs. 3-5, 
Nov. 5, 1988, 102 Stat. 3180, 3181; Pub. L. 100-690, title II, 
Sec. 2081(b), Nov. 18, 1988, 102 Stat. 4216; Pub. L. 103-82, title II, 
Sec. 202(f), Sept. 21, 1993, 107 Stat. 888; Pub. L. 103-160, div. B, 
title XXIX, Sec. 2927, Nov. 30, 1993, 107 Stat. 1932; Pub. L. 104-66, 
title II, Sec. 2091(a), Dec. 21, 1995, 109 Stat. 730; Pub. L. 105-27, 
Sec. 1, July 18, 1997, 111 Stat. 244; Pub. L. 105-50, Oct. 6, 1997, 111 
Stat. 1167; Pub. L. 105-119, title I, Sec. 118, Nov. 26, 1997, 111 Stat. 
2468; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title II, Sec. 233(a)], 
Nov. 29, 1999, 113 Stat. 1536, 1501A-301; Pub. L. 106-168, title III, 
Sec. 301, Dec. 12, 1999, 113 Stat. 1821.)

                       References in Text

    This Act, referred to in subsecs. (a), (e)(3)(I), (j)(4)(F)(ii), and 
(k)(4)(A) to (C), is act June 30, 1949, ch. 288, 63 Stat. 377, as 
amended, known as the Federal Property and Administrative Services Act 
of 1949. For complete classification of this Act to the Code, see Short 
Title note set out under section 471 of this title and Tables.
    The Merchant Marine Act, 1936, as amended, referred to in subsec. 
(i), is act June 29, 1936, ch. 858, 49 Stat. 1985, as amended, which is 
classified principally to chapter 27 (Sec. 1101 et seq.) of Title 46, 
Appendix, Shipping. For complete classification of this Act to the Code, 
see section 1245 of Title 46, Appendix, and Tables.
    For classification and history of the Surplus Property Act of 1944, 
as amended, referred to in subsec. (k)(3)(A), (4), see note set out 
under section 473 of this title.
    The National and Community Service Act of 1990, referred to in 
subsec. (k)(5)(B), is Pub. L. 101-610, Nov. 16, 1990, 104 Stat. 3127, as 
amended, which is classified principally to chapter 129 (Sec. 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.

                          Codification

    In subsec. (k)(1)(A), (B), ``section 501(c)(3) of title 26'' 
substituted for ``section 101(6) of title 26'' on authority of section 
7852(b) of Title 26, Internal Revenue Code, which provides that a 
reference in other laws to the Internal Revenue Code of 1939 is deemed a 
reference to the corresponding provision of the Internal Revenue Code of 
1986.
    November 5, 1988, referred to in subsec. (o)(1), was in the original 
``the date of enactment of this paragraph and such effective date'', 
which was translated as meaning the date of enactment of Pub. L. 100-
612, which amended subsec. (o) generally, to reflect the probable intent 
of Congress.
    Section was formerly classified to section 233 of Title 41, Public 
Contracts.


                               Amendments

    1999--Subsec. (p)(1)(B)(ii). Pub. L. 106-168, which directed the 
amendment of cl. (ii) by substituting ``July 31, 2000. During the period 
beginning January 1, 2000, and ending July 31, 2000, the Administrator 
may not convey any property under subparagraph (A), but may accept, 
consider, and approve applications for transfer of property under that 
subparagraph.'' for ``December 31, 1999.'', could not be executed 
because the phrase ``December 31, 1999.'' did not appear subsequent to 
amendment by Pub. L. 106-113. See below.
    Pub. L. 106-113 substituted ``July 31, 2000'' for ``December 31, 
1999''.
    1997--Subsec. (j)(3)(B). Pub. L. 105-50, Sec. 1, inserted ``, 
providers of assistance to families or individuals whose annual incomes 
are below the poverty line (as that term is defined in section 9902 of 
title 42),'' after ``homeless individuals''.
    Subsec. (k)(4)(E). Pub. L. 105-50, Sec. 2(b), added subpar. (E).
    Subsec. (k)(6). Pub. L. 105-50, Sec. 2(a), added par. (6).
    Subsec. (p)(1). Pub. L. 105-119, Sec. 118, designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (r). Pub. L. 105-27 added subsec. (r).
    1995--Subsec. (o). Pub. L. 104-66 redesignated par. (3) as (2) and 
substituted ``(3)'' for ``(2)'' after ``made under paragraph'', 
redesignated par. (2) as (1), and struck out former par. (1) which read 
as follows: ``With respect to real and related personal property 
transferred or conveyed under subsection (p) or (q) of this section and 
real property disposed of under subsection (k) of this section and 
section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 
1622(g)), the head of each executive agency disposing of such property 
shall submit during the calendar quarter following the close of each 
fiscal year a report to the Congress and to the Administrator showing 
the acquisition cost and the sale or lease value of all real and related 
personal property so disposed of during the preceding fiscal year. Such 
reports shall also show transfers or conveyances of property according 
to State, and may include such other information and recommendations as 
the Administrator or other executive agency head concerned deems 
appropriate.''
    1993--Subsec. (k)(5). Pub. L. 103-82 added par. (5).
    Subsec. (o). Pub. L. 103-160, Sec. 2927(1), substituted ``subsection 
(p) or (q)'' for ``subsection (p)''.
    Subsec. (q). Pub. L. 103-160, Sec. 2927(2), added subsec. (q).
    1988--Subsec. (e)(3)(E). Pub. L. 100-612, Sec. 4(b), substituted 
``$15,000'' for ``$1,000''.
    Subsec. (e)(5). Pub. L. 100-612, Sec. 3, designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (e)(6). Pub. L. 100-612, Sec. 4(a), amended par. (6) 
generally. Prior to amendment, par. (6) read as follows: ``Except as 
otherwise provided by this paragraph, an explanatory statement of the 
circumstances of each disposal by negotiation of any real or personal 
property having a fair market value in excess of $1,000 shall be 
prepared. Each such statement shall be transmitted to the appropriate 
committees of the Congress in advance of such disposal, and a copy 
thereof shall be preserved in the files of the executive agency making 
such disposal. No such statement need be transmitted to any such 
committee with respect to any disposal of personal property made under 
paragraph (5) at a fixed price, or to property disposals authorized by 
any other provision of law to be made without advertising.''
    Subsec. (j)(3)(B). Pub. L. 100-690 inserted ``, drug abuse treatment 
centers'' after ``health centers''.
    Subsec. (o). Pub. L. 100-612, Sec. 5, amended subsec. (o) generally. 
Prior to amendment, subsec. (o) read as follows: ``The Administrator 
with respect to property disposed of under subsection (j) or (p) of this 
section, and the head of each executive agency disposing of property 
under subsection (k) of this section, or under section 13(d) or 13(g) of 
the Surplus Property Act of 1944 (50 U.S.C. App. 1622(d) or (g)), shall 
submit during the calendar quarter following the close of each fiscal 
year 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) showing the 
acquisition cost of all property so disposed of during the preceding 
fiscal year. Such reports shall also show disposals of property 
according to State, and may include such other information and 
recommendations as the Administrator or other executive agency head 
concerned deems appropriate.''
    1987--Subsec. (j)(3)(B). Pub. L. 100-77 inserted ``providers of 
assistance to homeless individuals'' after ``health centers,''.
    1986--Subsec. (j)(3)(B). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for 
purposes of codification was translated as ``title 26'' thus requiring 
no change in text.
    Subsec. (j)(4)(E). Pub. L. 99-386, Sec. 207, substituted ``$5,000'' 
for ``$3,000''.
    Subsec. (o). Pub. L. 99-386, Sec. 201, substituted ``with respect to 
property disposed of under subsection (j) or (p) of this section'' for 
``with respect to personal property donated under subsection (j) of this 
section and with respect to real and related personal property 
transferred or conveyanced under subsection (p) of this section'', 
``disposing of property under subsection (k) of this section, or under 
section 13(d) or 13(g) of the Surplus Property Act of 1944 (50 U.S.C. 
App. 1622(d) or (g)), shall submit'' for ``disposing of real property 
under subsection (k) of this section, shall submit'', ``cost of all 
property'' for ``cost of all personal property so donated and of all 
real property'', and ``show disposals of'' for ``show donations and 
transfers of''.
    1984--Subsec. (o). Pub. L. 98-473, Sec. 702, amended first sentence 
generally, inserting provisions requiring Administrator to make an 
annual report to Congress on total acquisition value of all personal and 
real property transferred pursuant to subsection (p) of this section.
    Subsec. (p). Pub. L. 98-473, Sec. 701, added subsec. (p).
    1981--Subsec. (i). Pub. L. 97-31 substituted references to the 
Maritime Administration for reference to the United State Maritime 
Commission.
    1976--Subsec. (j). Pub. L. 94-519, Sec. 1(1), enlarged activities 
and types of recipients to be benefited through property donations, 
permitted transfers to any public agency for use in carrying out or 
promoting for the residents of a given political area one or more public 
purposes, such as conservation, economic development, education, parks 
and recreation, public health, and public safety, provided that in 
allocating and transferring surplus property the Administrator give fair 
consideration to expressions of need and interest on the part of public 
agencies or other eligible institutions within States as transmitted 
through State agencies, and inserted requirement that there be developed 
a State plan of operation.
    Subsec. (k)(4). Pub. L. 94-519, Sec. 1(2), inserted ``, except with 
respect to personal property transferred pursuant to subsection (j) of 
this section'' in provisions preceding subpar. (A) and struck out 
subpar. (E) which provided for action by the Federal Civil Defense 
Administrator in the case of property transferred to civil defense 
organizations of the States or political subdivisions or 
instrumentalities thereof established by or pursuant to State law.
    Subsec. (n). Pub. L. 94-519, Sec. 1(3), transferred to the 
Administrator the authority to enter into cooperative agreements with 
State agencies to carry out subsecs. (j) of this section or to designate 
other Federal agency heads to enter into such agreements.
    Subsec. (o). Pub. L. 94-519, Sec. 1(4), required that the 
Administrator submit the annual reports concerning donations of personal 
property formerly submitted by the Secretary of Health, Education, and 
Welfare, and provided that the reports show donations according to 
States and include other information and recommendations deemed 
appropriate by the Administrator.
    1973--Subsec. (n). Pub. L. 93-83 provided for the authority of the 
Administrator, Law Enforcement Assistance Administration, in connection 
with cooperative agreements respecting surplus property and for donation 
of surplus property in any State for purposes of law enforcement 
programs.
    1972--Subsec. (k)(3), (4). Pub. L. 92-362 added par. (3) and 
redesignated former par. (3) as (4).
    1970--Subsec. (k)(2), (3). Pub. L. 91-485, Sec. 2, added par. (2) 
and redesignated former par. (2) as (3).
    Subsec. (n). Pub. L. 91-485, Sec. 3, substituted ``(k)(1)'' for (k) 
in first sentence.
    Subsec. (o). Pub. L. 91-485, Sec. 4, substituted reference to fiscal 
year for reference to calendar quarter and struck out reference to 
distribution to educational or public health institutions in each State, 
Territory and possession and the requirement that the first report be 
submitted during the first calendar quarter beginning after the 
enactment of the subsection.
    1965--Subsec. (o). Pub. L. 89-348 required the Secretary of Health, 
Education, and Welfare to report semiannually instead of quarterly to 
the Senate and the House of Representatives with respect to personal 
property donations to State surplus property agencies and real property 
disposals to public health and educational institutions.
    1962--Subsec. (j)(3), (7). Pub. L. 87-786 inserted provisions in 
par. (3) authorizing distribution to schools for the mentally retarded, 
schools for the physically handicapped, radio and television stations 
licensed by the Federal Communications Commission as educational radio 
or educational television stations, and to public libraries, and added 
par. (7).
    1961--Subsec. (n). Pub. L. 87-94 authorized use by State surplus 
property distribution agencies of surplus personal property determined 
to be useful and needed in administering the surplus property donation 
program.
    1958--Subsec. (e). Pub. L. 85-486 amended subsec. (e) generally to 
require surplus property to be disposed of by public advertising, except 
in certain instances where disposal may be made by negotiation, to 
establish the advertising procedure, to make the authority of the 
Administrator to dispose of property by negotiation permanent, to 
provide for disposal of property through contract brokers employed by 
the Administrator, and to exempt from the requirement of the explanatory 
statement, negotiated disposals of property with a market value of less 
than $1,000.
    1956--Subsec. (e). Act Aug. 3, 1956, extended provisions of subsec. 
(e) from June 30, 1955, to July 31, 1958.
    Subsec. (j)(1). Act July 3, 1956, Sec. 1, permitted donation of 
surplus property for civil defense purposes, or for research for 
educational, public health or civil defense purposes, and restricted 
donation only to the State agency designated for the purpose of 
distributing allocated property.
    Subsec. (j)(2). Act July 3, 1956, Sec. 1, redesignated par. (3) as 
(2), and permitted disposal for civil defense purposes. Former par. (2) 
redesignated (3).
    Subsec. (j)(3). Act July 3, 1956, Sec. 1, redesignated par. (2) as 
(3), and struck out provisions authorizing distribution to State 
departments of health or education, required transfer by Administrator 
to the State agency designated for the purpose of distributing allocated 
property, and substituted ``section 501(c)(3) of Title 26, Internal 
Revenue Code of 1954'' for ``section 101(6) of Title 26, Internal 
Revenue Code''. Former par. (3) redesignated (2).
    Subsec. (j)(4). Act July 3, 1956, Sec. 1, added par. (4), and 
redesignated former par. (4) as (5).
    Subsec. (j)(5), (6). Act July 3, 1956, Sec. 1, redesignated par. (4) 
as (5), and included the Federal Civil Defense Administrator and 
property donated under par. (4). Former par. (5) redesignated (6).
    Subsec. (k)(2)(E). Act July 3, 1956, Sec. 2, added subpar. (E).
    Subsec. (n). Act July 3, 1956, Sec. 3, permitted the Federal Civil 
Defense Administrator to enter into cooperative agreements with State 
surplus property distribution agencies.
    1955--Subsec. (j)(1). Act June 3, 1955, Secs. 1(a), 6(b), permitted 
donation of property acquired from working-capital or similar funds, and 
substituted ``any State'' for ``the States, Territories, and 
possessions''.
    Subsec. (j)(2). Act June 3, 1955, Secs. 1(b), 6(a), restricted 
transfer of property until the Secretary of Health, Education, and 
Welfare has received a certification that such property is usable and 
needed for educational or public health purposes, and substituted 
``Secretary of Health, Education, and Welfare'' for ``Federal Security 
Administrator''.
    Subsec. (j)(4), (5). Act June 3, 1955, Secs. 2(a), 6(b), added pars. 
(4) and (5).
    Subsec. (k). Act June 3, 1955, Sec. 6(a)(c), substituted ``Secretary 
of Health, Education, and Welfare'' for ``Federal Security 
Administrator'', and ``Department of Health, Education, and Welfare'' 
for ``Federal Security Agency'', wherever appearing, and included the 
Commonwealth of Puerto Rico in definition of ``States''.
    Subsec. (l). Act Aug. 1, 1955, added subsec. (l), redesignated 
former subsec. (l) as (m).
    Subsec. (m). Act Aug. 1, 1955, redesignated subsec. (l) as (m). 
Former subsec. (m) redesignated (n).
    Act June 3, 1955, Sec. 3, added subsec. (m).
    Subsec. (n). Act Aug. 1, 1955, redesignated subsec. (m) as (n). 
Former subsec. (n) redesignated (o).
    Act June 3, 1955, Sec. 5, added subsec. (n).
    Subsec. (o). Act Aug. 1, 1955, redesignated subsec. (n) as (o).
    1954--Subsec. (e). Act July 14, 1954, substituted ``June 30, 1955'' 
for ``June 30, 1954''.
    1953--Subsec. (e). Act Aug. 8, 1953, substituted ``June 30, 1954'' 
for ``June 30, 1953''.
    1952--Subsec. (e). Act July 12, 1952, Sec. 1(i), extended time for 
disposal of surplus property without advertising from Dec. 31, 1950, to 
June 30, 1953, and required a report to Congress.
    Subsec. (k)(2)(iii). Act July 12, 1952, Sec. 1(j), substituted 
``transferred, or that'' for ``transferred, and that''.
    1950--Subsec. (j)(1), (2). Act Sept. 5, 1950, authorized the 
Administrator in his discretion to donate surplus personal property, 
such as equipment, materials, books, or other supplies for public health 
purposes.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-82 effective Oct. 1, 1993, see section 
202(i) of Pub. L. 103-82, set out as an Effective Date note under 
section 12651 of Title 42, The Public Health and Welfare.


                    Effective Date of 1976 Amendment

    Section 9 of Pub. L. 94-519 provided that: ``The provisions of this 
Act [enacting sections 476, 483c, 484c and 493 of this title, amending 
this section and sections 483 and 512 of this title, repealing section 
3193 of Title 42, The Public Health and Welfare, and enacting provisions 
set out as notes under this section] shall become effective one year 
after the date of enactment of this Act [Oct. 17, 1976].''


                    Effective Date of 1973 Amendment

    Amendment by Pub. L. 93-83 effective on and after July 1, 1973, see 
section 3 of Pub. L. 93-83, set out as a note under section 3701 of 
Title 42, The Public Health and Welfare.


                    Effective Date of 1956 Amendment

    Section 5 of act July 3, 1956, provided that:
    ``(a) Except as provided by subsection (b), the amendments made by 
this Act [amending this section] shall become effective on the first day 
of the first month beginning after the date of enactment of this Act 
[July 3, 1956].
    ``(b) In the case of any State which on the date of enactment of 
this Act [July 3, 1956] has not designated a single State agency for the 
purpose of distributing surplus property pursuant to subsection 203(j) 
of the Federal Property and Administrative Services Act of 1949, as 
amended [subsec. (j) of this section], transfers of such property may be 
made by the Administrator of General Services under such subsection, as 
amended by this Act, to the State agency heretofore designated in such 
State to distribute property in conformity with such subsection for 
purposes of education and public health to the extent that such agency 
is authorized under State law to receive and distribute any class of 
property transferred pursuant to such subsection, or in the absence of 
any such agency or in the absence of authority of such agency to receive 
and distribute any such class of property, to any State agency or 
official authorized under State law to receive and distribute such 
property, until ninety calendar days have passed after the close of the 
first regular session of the legislature of such State beginning after 
the date of enactment of this Act.''


                    Effective Date of 1955 Amendment

    Section 2(b) of Act June 3, 1955, provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply only with 
respect to property donated after the date of enactment of this Act 
[June 3, 1955].''


      Savings Provisions; Prior Restrictions, Terms, and Conditions

    Section 2 of Pub. L. 94-519 provided that: ``Except to the extent 
that the Administrator of General Services, in the case of specific 
items or categories of property, has determined otherwise, no term, 
condition, reservation, or restriction imposed pursuant to subsection 
(j)(5) of section 203 of the Federal Property and Administrative 
Services Act of 1949 [subsec. (j)(5) of this section] (as in effect 
prior to the date of enactment of this Act [Oct. 17, 1976], on the use 
of any item of personal property donated pursuant to subsection (j)(3) 
or (j)(4) of section 203 [subsec. (j)(3) or (j)(4) of this section] 
prior to the effective date of this Act [Oct. 17, 1977] as provided in 
section 9(a) [set out as an Effective Date of 1976 Amendment note above] 
shall remain in effect beyond the thirtieth day after such effective 
date. This section shall not be deemed to terminate any civil or 
criminal liability arising out of a violation of such a term, condition, 
reservation, or restriction which occurred prior to such effective date 
if a judicial proceeding to enforce such liability is pending on such 
effective date, or is commenced within one year after such date.''

                          Transfer of Functions

    References to the Secretary of Education, Department of Education, 
Secretary of Health and Human Services, and Department of Health and 
Human Services were substituted, as appropriate, for ``Secretary of 
Health, Education, and Welfare'' and ``Department of Health, Education, 
and Welfare'' in subsecs. (k)(1), (4)(A), (B), and (n) pursuant to 
sections 301(a)(2)(P), (b), 507, and 509(b) of Pub. L. 96-88, which are 
classified to sections 3441(a)(2)(P), (b), 3507, and 3508(b) of Title 
20, Education, and which transferred functions (with respect to 
donations of surplus property for educational purposes under subsec. (k) 
of this section) and offices (relating to education) of the Secretary 
and Department of Health, Education, and Welfare to the Secretary and 
Department of Education, and redesignated the Secretary and Department 
of Health, Education, and Welfare as the Secretary and Department of 
Health and Human Services.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


                   Termination of Advisory Committees

    Advisory committees in existence on Jan. 5, 1973, to terminate not 
later than the expiration of the 2-year period following Jan. 5, 1973, 
unless, in the case of a committee established by the President or an 
officer of the Federal Government, such committee is renewed by 
appropriate action prior to the expiration of such 2-year period, or in 
the case of a committee established by the Congress, its duration is 
otherwise provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 
1972, 86 Stat. 776, set out in the Appendix to Title 5, Government 
Organization and Employees.


  Donation of Surplus Property to State Agricultural Extension Agencies

    Pub. L. 86-570, July 5, 1960, 74 Stat. 307, provided: ``That, 
notwithstanding any provision of the Federal Property and Administrative 
Services Act of 1949, as amended [see Short Title note set out under 
section 471 of this title], or any other law, the Postmaster General and 
the Administrator of General Services are hereby authorized and directed 
to transfer, as soon as practicable after date of enactment hereof [July 
5, 1960], without cost, to any State or county agency engaged in 
cooperative agricultural extension work pursuant to the Act of May 8, 
1914, as amended (7 U.S.C. 341-348), for the use of such agency, all 
right, title, and interest in and to any office equipment, materials, 
books, or other supplies (whether or not capitalized in a working 
capital fund established under section 405 of the National Security Act 
of 1947, as amended [section 172d of former title 5, Executive 
Departments and Government Officers and Employees, and now covered by 
section 2208 of Title 10, Armed Forces], or any similar fund) which have 
heretofore been assigned for use to any such State or county agency by 
the Post Office Department [now the United States Postal Service] or the 
General Services Administration, respectively.''


                    Termination of Prior Restrictions

    Section 4 of act June 3, 1955, provided that:
    ``(a) In the case of personal property donated or sold at a discount 
for educational, public health or memorial purposes, including research, 
under any provision of law enacted prior to the enactment of the Federal 
Property and Administrative Services Act of 1949 [see Short Title note 
set out under section 471 of this title], no term, condition, 
reservation, or restriction imposed on the use of such property shall 
remain in effect after the date of the enactment of this Act [June 3, 
1955]. This subsection shall not be deemed to terminate any civil or 
criminal liability arising out of a violation of such a term, condition, 
reservation, or restriction which occurred prior to the enactment of 
this Act, if a judicial proceeding to enforce such liability is pending 
at the time of, or commenced within one year after the enactment of this 
Act.
    ``(b) No term, condition, reservation, or restriction imposed upon 
the use of any single item of property donated under section 203(j) of 
the Federal Property and Administrative Services Act of 1949 [subsec. 
(j) of this section] prior to the enactment of this Act [June 3, 1955] 
which has an acquisition cost of less than $2,500 shall remain in effect 
after the expiration of the one-year period which begins on the date of 
the enactment of this Act [June 3, 1955]. This subsection shall not be 
deemed to terminate any civil or criminal liability arising out of a 
violation of such a term, condition, reservation, or restriction if (1) 
such violation occurred prior to the expiration of such one-year period 
and (2) a judicial proceeding to enforce such liability is pending at 
the time of enactment of this Act or is commenced not later than one 
year after the expiration of such one-year period.''

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 [see Short 
Title note set out under section 471 of this title], 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 Property and Administrative Services 
Act of 1949, as amended, 40 U.S.C. 484(j). 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.
    (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.
    (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.


                            Cross References

    Eligibility of State and local agencies and nonprofit organizations 
and institutions receiving funds appropriated for programs for older 
individuals to receive surplus property, see section 3020d of Title 42, 
The Public Health and Welfare.

                  Section Referred to in Other Sections

    This section is referred to in sections 475, 481, 483, 483c, 484c, 
483d, 490, 512 of this title; title 8 section 1324; title 10 sections 
2577, 2814; title 14 section 641; title 20 section 3441; title 22 
section 2358; title 28 section 604; title 38 section 8162; title 42 
sections 11411, 11412; title 45 section 1212.
