Legislación
US (United States) Code. Title 40. Subtitle I. Cahpter 7: Foreing excess property
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40 USC CHAPTER 7 - FOREIGN EXCESS PROPERTY 01/06/03
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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 7 - FOREIGN EXCESS PROPERTY
-HEAD-
CHAPTER 7 - FOREIGN EXCESS PROPERTY
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Sec.
701. Administrative.
702. Return of foreign excess property to United States.
703. Donation of medical supplies for use in foreign
country.
704. Other methods of disposal.
705. Handling of proceeds from disposal.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in section 102 of this title; title 6
section 232; title 22 section 2715c.
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40 USC Sec. 701 01/06/03
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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 7 - FOREIGN EXCESS PROPERTY
-HEAD-
Sec. 701. Administrative
-STATUTE-
(a) Policies Prescribed by the President. - The President may
prescribe policies that the President considers necessary to carry
out this chapter. The policies must be consistent with this
chapter.
(b) Executive Agency Responsibility. -
(1) In general. - The head of an executive agency that has
foreign excess property is responsible for the disposal of the
property.
(2) Conformance to policies. - In carrying out functions under
this chapter, the head of an executive agency shall -
(A) use the policies prescribed by the President under
subsection (a) for guidance; and
(B) dispose of foreign excess property in a manner that
conforms to the foreign policy of the United States.
(3) Delegation of authority. - The head of an executive agency
may -
(A) delegate authority conferred by this chapter to an
official in the agency or to the head of another executive
agency; and
(B) authorize successive redelegation of authority conferred
by this chapter.
(4) Employment of personnel. - As necessary to carry out this
chapter, the head of an executive agency may -
(A) appoint and fix the pay of personnel in the United
States, subject to chapters 33 and 51 and subchapter III of
chapter 53 of title 5; and
(B) appoint personnel outside the States of the United States
and the District of Columbia, without regard to chapter 33 of
title 5.
(c) Special Responsibilities of Secretary of State. -
(1) Use of foreign currencies and credits. - The Secretary of
State may use foreign currencies and credits acquired by the
United States under section 704(b)(2) of this title -
(A) to carry out the Mutual Educational and Cultural Exchange
Act of 1961 (22 U.S.C. 2451 et seq.);
(B) to carry out the Foreign Service Buildings Act, 1926 (22
U.S.C. 292 et seq.); and
(C) to pay other governmental expenses payable in local
currencies.
(2) Renewal of certain agreements. - Except as otherwise
directed by the President, the Secretary of State shall continue
to perform functions under agreements in effect on July 1, 1949,
related to the disposal of foreign excess property. The Secretary
of State may amend, modify, and renew the agreements. Foreign
currencies or credits the Secretary of State acquires under the
agreements shall be administered in accordance with procedures
that the Secretary of the Treasury may establish. Foreign
currencies or credits reduced to United States currency must be
deposited in the Treasury as miscellaneous receipts.
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(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1125.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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701(a) 40:514(a) (words June 30, 1949, ch. 288,
before last comma). title IV, Sec. 404, 63 Stat.
398; Pub. L. 86-624, Sec.
27(c), July 12, 1960, 74
Stat. 418; Pub. L. 96-470,
title I, Sec. 101(a), Oct.
19, 1980, 94 Stat. 2237.
701(b)(1) 40:511 (words June 30, 1949, ch. 288,
before proviso). title IV, Sec. 401, 63 Stat.
397.
40:514(d).
701(b)(2)( 40:514(a) (words
A) after last comma).
701(b)(2)( 40:511 (proviso cl.
B) (a)).
701(b)(3) 40:514(b).
701(b)(4) 40:514(c).
701(c)(1) 40:511 (proviso cl.
(b) (words before
"and the authority
to amend")[)].
701(c)(2) 40:511 (proviso cl.
(b) (words
beginning "and the
authority to
amend"), (c), (d)).
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In subsection (b)(1), the text of 40:514(d) is omitted as
executed and obsolete.
In subsection (b)(4), the words "chapters 33 and 51 and
subchapter III of chapter 53 of title 5" are substituted for "the
civil-service and classification laws", and the words "chapter 33
of title 5" are substituted for "the civil-service laws", because
of section 7(b) of the Act of September 6, 1966 (Public Law 89-554,
80 Stat. 631), the first section of which enacted Title 5, United
States Code. In subclause (A), the words "in the United States" are
added for clarity. In subclause (B), provisions related to the
heads of executive agencies fixing the compensation of personnel
outside the continental limits of the United States that were
contained in section 404(c)(2) of the Federal Property and
Administrative Services Act of 1949 are omitted as obsolete.
Sections 1202 and 1204 of the Classification Act of 1949 (ch. 782,
63 Stat. 972, 973) repealed the Classification Act of 1923 (ch.
265, 42 Stat. 1488) and all other provisions inconsistent with the
1949 Act. The Classification Act of 1949 was repealed by section
8(a) of the Act of September 6, 1966 (Public Law 89-554, 80 Stat.
632), the first section of which enacted title 5, United States
Code. The Classification Act of 1949 was reenacted as chapter 51
and subchapter III of chapter 53 of title 5. See especially 5:5102
and 5103.
In subsection (c)(1), the words "Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2451 et seq.)" are substituted for
"section 32(b)(2) of the Surplus Property Act of 1944, as amended"
because of section 111(a)(1) and (c) of the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-257, 75 Stat. 538).
The words "Foreign Service Buildings Act, 1926" are substituted for
"Foreign Service Buildings Act of May 7, 1926, as amended" because
of section 8 of the Foreign Service Buildings Act (22:299). The
words "(including section 295b of title 22)" are omitted as
executed and obsolete.
In subsection (c)(2), the words "Secretary of State" are
substituted for "Department of State" because of 22:2651.
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REFERENCES IN TEXT
The Mutual Educational and Cultural Exchange Act of 1961,
referred to in subsec. (c)(1)(A), is Pub. L. 87-256, Sept. 21,
1961, 75 Stat. 527, as amended, which is classified principally to
chapter 33 (Sec. 2451 et seq.) of Title 22, Foreign Relations and
Intercourse. For complete classification of this Act to the Code,
see Short Title note set out under section 2451 of Title 22 and
Tables.
The Foreign Service Buildings Act, 1926, referred to in subsec.
(c)(1)(B), is act May 7, 1926, ch. 250, 44 Stat. 403, as amended,
which is classified generally to chapter 8 (Sec. 292 et seq.) of
Title 22, Foreign Relations and Intercourse. For complete
classification of this Act to the Code, see section 299 of Title 22
and Tables.
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40 USC Sec. 702 01/06/03
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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 7 - FOREIGN EXCESS PROPERTY
-HEAD-
Sec. 702. Return of foreign excess property to United States
-STATUTE-
(a) In General. - Under regulations prescribed pursuant to
subsection (b), foreign excess property may be returned to the
United States for handling as excess or surplus property under
subchapter II of chapter 5 of this title or section 549 or 551 of
this title when the head of the executive agency concerned, or the
Administrator of General Services after consultation with the
agency head, determines that return of the property to the United
States for such handling is in the interest of the United States.
(b) Regulations. - The Administrator shall prescribe regulations
to carry out this section. The regulations must require that
transportation costs for returning foreign excess property to the
United States are paid by the federal agency, state agency, or
donee receiving the property.
-SOURCE-
(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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702 40:512(c). June 30, 1949, ch. 288,
title IV, Sec. 402(c), as
added Pub. L. 91-426, Sec.
2(d), Sept. 26, 1970, 84
Stat. 883; Pub. L. 94-519,
Sec. 4, Oct. 17, 1976, 90
Stat. 2455.
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-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 549, 703, 704 of this
title.
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40 USC Sec. 703 01/06/03
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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 7 - FOREIGN EXCESS PROPERTY
-HEAD-
Sec. 703. Donation of medical supplies for use in foreign country
-STATUTE-
(a) Application. - This section applies to medical materials or
supplies that are in a foreign country but that would, if situated
within the United States, be available for donation under
subchapter III of chapter 5 of this title.
(b) In General. - An executive agency may donate medical
materials or supplies that are not disposed of under section 702 of
this title.
(c) Conditions. - A donation under this section is subject to the
following conditions:
(1) The medical materials and supplies must be donated for use
in a foreign country.
(2) The donation must be made to a nonprofit medical or health
organization, which may be an organization qualified to receive
assistance under section 214(b) or 607 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2174(b), 2357).
(3) The donation must be made without cost to the donee (except
for costs of care and handling).
-SOURCE-
(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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703 40:512(b). June 30, 1949, ch. 288,
title IV, Sec. 402(b), as
added Pub. L. 91-426, Sec.
2(d), Sept. 26, 1970, 84
Stat. 883.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 704 of this title.
-End-
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40 USC Sec. 704 01/06/03
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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 7 - FOREIGN EXCESS PROPERTY
-HEAD-
Sec. 704. Other methods of disposal
-STATUTE-
(a) In General. - Foreign excess property not disposed of under
section 702 or 703 of this title may be disposed of as provided in
this section.
(b) Methods of Disposal. -
(1) Sale, exchange, lease, or transfer. - The head of an
executive agency may dispose of foreign excess property by sale,
exchange, lease, or transfer, for cash, credit or other property,
with or without warranty, under terms and conditions the head of
the executive agency considers proper.
(2) Exchange for foreign currency or credit. - If the head of
an executive agency determines that it is in the interest of the
United States, foreign excess property may be exchanged for -
(A) foreign currencies or credits; or
(B) substantial benefits or the discharge of claims resulting
from the compromise or settlement of claims in accordance with
law.
(3) Abandonment, destruction, or donation. - The head of an
executive agency may authorize the abandonment, destruction, or
donation of foreign excess property if the property has no
commercial value or if estimated costs of care and handling
exceed the estimated proceeds from sale.
(c) Advertising. - The head of an executive agency may dispose of
foreign excess property without advertising if the head of the
executive agency finds that disposal without advertising is the
most practicable and advantageous means for the Federal Government
to dispose of the property.
(d) Transfer of Title. - The head of an executive agency may
execute documents to transfer title or other interests in, and take
other action necessary or proper to dispose of, foreign excess
property.
-SOURCE-
(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1126.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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704 40:512(a). June 30, 1949, ch. 288,
title IV, Sec. 402(a), 63
Stat. 398; Pub. L. 91-426,
Sec. 2(a)-(c), Sept. 26,
1970, 84 Stat. 883; Pub. L.
99-627, Sec. 3(a), Nov. 7,
1986, 100 Stat. 3509.
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-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 701 of this title.
-End-
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40 USC Sec. 705 01/06/03
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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 7 - FOREIGN EXCESS PROPERTY
-HEAD-
Sec. 705. Handling of proceeds from disposal
-STATUTE-
(a) In General. - This section applies to proceeds from the sale,
lease, or other disposition of foreign excess property under this
chapter.
(b) Foreign Currencies or Credits. - Proceeds in the form of
foreign currencies or credits, must be administered in accordance
with procedures that the Secretary of the Treasury may establish.
(c) United States Currency. -
(1) Separate fund in treasury. - Section 572(a) of this title
applies to proceeds of foreign excess property disposed of for
United States currency under this chapter.
(2) Deposited in treasury as miscellaneous receipts. - Except
as provided in paragraph (1), proceeds in the form of United
States currency, including foreign currencies or credits that are
reduced to United States currency, must be deposited in the
Treasury as miscellaneous receipts.
(d) Special Account for Refunds or Payments for Breach. -
(1) Deposits. - A federal agency that disposes of foreign
excess property under this chapter may deposit, in a special
account in the Treasury, amounts of the proceeds of the
dispositions that the agency decides are necessary to permit -
(A) appropriate refunds to purchasers for dispositions that
are rescinded or that do not become final; and
(B) payments for breach of warranty.
(2) Withdrawals. - A federal agency that deposits proceeds in a
special account under paragraph (1) may withdraw amounts to be
refunded or paid from the account without regard to the origin of
the amounts withdrawn.
-SOURCE-
(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1127.)
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HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at Large)
Section
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705 40:513. June 30, 1949, ch. 288,
title IV, Sec. 403, 63 Stat.
398.
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In subsection (d)(1), the words "in the Treasury" are substituted
for "with the Treasurer of the United States" because of section 1
of Reorganization Plan No. 26 of 1950 (eff. July 31, 1950, 64 Stat.
1280), restated as section 321 of title 31.
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |