40 U.S.C. § 525: Excess personal property for…

Summary

Federal agencies may not get extra government personal property to give to their grantees, unless specific exceptions apply. Under rules the General Services Administration (GSA) sets, a federal agency can provide such property to a public agency or a tax-exempt nonprofit working on a specific federal grant with a clear end date, if the grant use matches the property and the sponsoring agency pays 25 percent of the property’s original purchase cost (care and handling costs excluded). That money must go into the Treasury, and the grantee becomes the owner and must track and dispose of the property under grant rules. There are other narrow exceptions GSA can allow. These include certain items the Secretary of Agriculture gives to cooperative extension or research programs (with the Government sometimes keeping title), and a few specific cases like some foreign assistance property, scientific equipment from the National Science Foundation, fire-control equipment under the Agriculture Organic Act, and property given with grants to tribes.

Title 40, §525

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(a)General Prohibition.—

A federal agency is prohibited from obtaining excess personal property for the purpose of furnishing the property to a grantee of the agency, except as provided in this section.

(b)Exception for Public Agencies and Tax-exempt Nonprofit Organizations.—

(1)In general.—

Under regulations the Administrator of General Services may prescribe, a federal agency may obtain excess personal property for the purpose of furnishing it to a public agency or an organization that is nonprofit and exempt from taxation under section 501 of the Internal Revenue Code of 1986 (26 U.S.C. 501), if—

(A)the agency or organization is conducting a federally sponsored project pursuant to a grant made for a specific purpose with a specific termination provision;

(B)the property is to be furnished for use in connection with the grant; and

(C)(i)the sponsoring federal agency pays an amount equal to 25 percent of the original acquisition cost (except for costs of care and handling) of the excess property; and

(ii)the amount is deposited in the Treasury as miscellaneous receipts.

(2)Title.—

Title to excess property obtained under this subsection vests in the grantee. The grantee shall account for and dispose of the property in accordance with procedures governing accountability for personal property acquired under grant agreements.

(c)Exception for Certain Property Furnished by Secretary of Agriculture.—

(1)Definition.—

In this subsection, the term “State” means a State of the United States, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the Federated States of Micronesia, the Marshall Islands, Palau, the Virgin Islands, and the District of Columbia.

(2)In general.—

Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to property furnished by the Secretary of Agriculture to—

(A)a state or county extension service engaged in cooperative agricultural extension work under the Smith-Lever Act (7 U.S.C. 341 et seq.);

(B)a state 1 experiment station engaged in cooperative agricultural research work under the Hatch Act of 1887 (7 U.S.C. 361a et seq.); or

(C)an institution engaged in cooperative agricultural research or extension work under section 1433, 1434, 1444, or 1445 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3195, 3196, 3221, or 3222), or the Act of October 10, 1962 (16 U.S.C. 582a et seq.), if the Federal Government retains title.

(d)Other Exceptions.—

Under regulations and restrictions the Administrator may prescribe, subsection (a) does not apply to—

(1)property furnished under section 608 of the Foreign Assistance Act of 1961 (22 U.S.C. 2358), to the extent that the Administrator determines that the property is not needed for donation under section 549 of this title;

(2)scientific equipment furnished under section 11(e) of the National Science Foundation Act of 1950 (42 U.S.C. 1870(e));

(3)property furnished under section 203 of the Department of Agriculture Organic Act of 1944 (16 U.S.C. 580a), in connection with the Cooperative Forest Fire Control Program, if the Government retains title; or

(4)property furnished in connection with a grant to a tribe, as defined in section 3(c) of the Indian Financing Act of 1974 (25 U.S.C. 1452(c)).

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 525(a)40:483(d) (words before par. (1)).June 30, 1949, ch. 288, title II, § 202(d), as added Pub. L. 94–519, § 3, Oct. 17, 1976, 90 Stat. 2454; Pub. L. 97–98, title XIV, § 1443, Dec. 22, 1981, 95 Stat. 1321. 525(b)40:483(d)(1). 525(c)40:483(d)(2)(E). 525(d)40:483(d)(2)(A)–(D). In subsection (b)(1), before cl. (A), the words “institution or” are omitted as unnecessary. In clause (A), the words “termination provision” are substituted for “termination made” for clarity. In subsection (b)(2), the words “The grantee shall account for and dispose of” are substituted for “and shall be accounted for and disposed of” for clarity. In subsections (c) and (d), the text of 40:483(d)(2) (last sentence) is omitted as unnecessary. In subsection (c)(1), 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 (d)(1), the words “to the extent” are substituted for “where and to the extent” to eliminate unnecessary words. The words “to be furnished under such Act” are omitted as unnecessary. In subsection (d)(4), the words “Indian Financing Act of 1974” are substituted for “Indian Financing Act” in section 202(d)(2)(D) of the Federal Property and Administrative Services Act of 1949 to execute the probable intent of Congress. The word “tribe” is substituted for “Indian tribes” for consistency with 25:1452(c).

Editorial Notes

References in Text

The Smith-Lever Act, referred to in subsec. (c)(2)(A), is act May 8, 1914, ch. 79, 38 Stat. 372, which is classified generally to subchapter IV (§ 341 et seq.) of chapter 13 of Title 7, Agriculture. For complete classification of this Act to the Code, see

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note set out under section 341 of Title 7 and Tables. The Hatch Act of 1887, referred to in subsec. (c)(2)(B), is act Mar. 2, 1887, ch. 314, 24 Stat. 440, which is classified generally to sections 361a to 361i of Title 7, Agriculture. For complete classification of this Act to the Code, see

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note set out under section 361a of Title 7 and Tables. Act of October 10, 1962 (16 U.S.C. 582a et seq.), referred to in subsec. (c)(2)(C), is Pub. L. 87–788, Oct. 10, 1962, 76 Stat. 806, popularly known as the “McIntire-Stennis Act of 1962” and also as the “McIntire-Stennis Cooperative Forestry Act”, which is classified generally to subchapter III (§ 582a et seq.) of chapter 3 of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 582a of Title 16 and Tables.

§525 Excess Personal Property for Federal Agency Grantees

Summary

Title 40, §525

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

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