Title 42 — The Public Health and WelfareRelease 119-73
§4638 Transfers of surplus property
Title 42 › Chapter CHAPTER 61— - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS › Subchapter SUBCHAPTER II— - UNIFORM RELOCATION ASSISTANCE › § 4638
Summary
GSA can transfer surplus federal property to a State agency for replacement housing required by this law, without payment but under terms to protect U.S. interests, and the State must pay any net proceeds from sales, leases, or other disposals of the property to the U.S.
Full Legal Text
Title 42, §4638
The Public Health and Welfare — Source: USLM XML via OLRC
The Administrator of General Services is authorized to transfer to a State agency for the purpose of providing replacement housing required by this subchapter, any real property surplus to the needs of the United States within the meaning of chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41. Such transfer shall be subject to such terms and conditions as the Administrator determines necessary to protect the interests of the United States and may be made without monetary consideration, except that such State agency shall pay to the United States all net amounts received by such agency from any sale, lease, or other disposition of such property for such housing.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification In text, “chapters 1 to 11 of title 40 and division C (except section 3302, 3307(e), 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” substituted for “the Federal Property and Administrative Services Act of 1949, as amended” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works, and Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments
1987—Pub. L. 100–17 inserted “net” after “all”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1987 AmendmentAmendment by Pub. L. 100–17 effective on
Effective Date
provided in
Regulations
promulgated under section 4633 of this title (as amended by section 412 of Pub. L. 100–17), but not later than 2 years after Apr. 2, 1987, see section 418 of Pub. L. 100–17, set out as a note under section 4601 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 4638
Title 42 — The Public Health and Welfare
Last Updated
Apr 6, 2026
Release point: 119-73