PRIA Logo™
Take the PRIA Score
Title 40 — Public Buildings, Property, and WorksRelease 119-73

§553 Property for correctional facility, law enforcement, and emergency management response purposes

Title 40 › Subtitle SUBTITLE I— - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter CHAPTER 5— - PROPERTY MANAGEMENT › Subchapter SUBCHAPTER III— - DISPOSING OF PROPERTY › § 553

Last updated Apr 6, 2026|Official source

Summary

The General Services Administrator can give surplus real property and related personal property to a State or its local units for use as prisons, for police work, or for emergency response. The Attorney General must say the property is needed for prison or law-enforcement use, and the Administrator of FEMA must say it is needed for emergency response like fire and rescue. These transfers are made without payment to the Federal Government. The paperwork transferring the property must say it be used and cared for forever for the stated purpose or the Government can take it back. The Administrator enforces the rules, may fix or change the transfer papers, and can release Government rights if the property no longer serves the purpose, sometimes with conditions to protect the Government. "State" means the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and the Northern Mariana Islands.

Full Legal Text

Title 40, §553

Public Buildings, Property, and Works — Source: USLM XML via OLRC

(a)In this section, the term “State” includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Federated States of Micronesia, the Marshall Islands, Palau, and, the Northern Mariana Islands.
(b)The Administrator of General Services, in the Administrator’s discretion and under regulations that the Administrator may prescribe, may transfer or convey to a State, or political subdivision or instrumentality of a State, surplus real and related personal property that—
(1)the Attorney General determines is required by the transferee or grantee for correctional facility use under a program approved by the Attorney General for the care or rehabilitation of criminal offenders;
(2)the Attorney General determines is required by the transferee or grantee for law enforcement purposes; or
(3)the Administrator of the Federal Emergency Management Agency determines is required by the transferee or grantee for emergency management response purposes including fire and rescue services.
(c)A transfer or conveyance under this section shall be made without monetary consideration to the Federal Government.
(d)The deed of conveyance of any surplus real and related personal property disposed of under this section—
(1)shall provide that all of the property be used and maintained for the purpose for which it was conveyed in perpetuity, and that if the property ceases to be used or maintained for that purpose, all or any portion of the property shall, in its then existing condition, at the option of the Government, revert to the Government; and
(2)may contain additional terms, reservations, restrictions, and conditions that the Administrator determines are necessary to safeguard the interests of the Government.
(e)The Administrator shall determine and enforce compliance with the terms, conditions, reservations, and restrictions contained in an instrument by which a transfer or conveyance under this section is made. The Administrator shall reform, correct, or amend the instrument if necessary to correct the instrument or to conform the transfer to the requirements of law. The Administrator shall grant a release from any term, condition, reservation or restriction contained in the instrument, and shall convey, quitclaim, or release to the transferee (or other eligible user) any right or interest reserved 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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 55340:484(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 Federated States of Micronesia, the Marshall Islands, Palau” are added because of the termination of the Trust Territory of the Pacific Islands. See 48:1681 note prec. In subsection (c), the text of 40:484(p)(1)(A) (last sentence) is omitted as executed and obsolete.

Editorial Notes

References in Text

The “Administrator”, referred to in subsecs. (d)(2) and (e), is the Administrator of General Services.

Statutory Notes and Related Subsidiaries

Change of Name

“Administrator of the Federal Emergency Management Agency” substituted for “Director of the Federal Emergency Management Agency” in subsec. (b)(3) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emergency Management Agency until Mar. 31, 2007, see section 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6.

Transfer of Functions

For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For

Transfer of Functions

, personnel, assets, and liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and section 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Reference

Citations & Metadata

Citation

40 U.S.C. § 553

Title 40 — Public Buildings, Property, and Works

Last Updated

Apr 6, 2026

Release point: 119-73