-CITE-

40 USC CHAPTER 7 - FOREIGN EXCESS PROPERTY 01/06/03

-EXPCITE-

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

-MISC1-

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.

-SECREF-

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.

-End-

-CITE-

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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1125.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

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.

-REFTEXT-

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.

-End-

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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.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

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.

-End-

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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.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

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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-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 704 of this title.

-End-

-CITE-

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.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

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-

-CITE-

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.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

705 40:513. June 30, 1949, ch. 288,

title IV, Sec. 403, 63 Stat.

398.

--------------------------------------------------------------------

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.

-End-